The following questions were sent to the attorney representing the applicant and the attorney representing remonstrators.  Any member of the public can also submit written responses or material.


Date:         September 8, 2023

RE:             BZNA – 0070 – 02023 – Questions for written response

Please submit any written responses to the following by September 22, 2023 at 4:00 p.m. to Denise Aschleman via email: These questions are seeking further clarification and do not indicate any position on this matter. Any responses received after 4:00 p.m. on September 22 will not be included in the BZA Packet.


1) Applicant stated alternatively 10 years and 12 years in its presentation.  Please clarify that the proposed term is only ten (10) years.

2) As concerns the applicant’s proposed condition number 4 “Landscape and Bufferyard Plan,” the applicant identified a Bufferyard Plan exhibit. A copy of the proposed Bufferyard Plan presented by the applicant is attached to the Staff Report as Exhibit 4 at page 24-25 .  Please identify the following:

       a) When would the applicant install Bufferyard A?

       b) When would the applicant install Bufferyard B?

       c) When would the applicant install Bufferyard C?

       d) Will all Bufferyards be installed prior to any excavation work?

       e) Is the dirt for the proposed berming coming from on site or off site?

       f) When will the soil stockpile begin to be used?

       g) When will the applicant stop stockpiling soil at the soil stockpile location?

3) Is the applicant purchasing the property, or do they intend to lease the property for the ten-year duration?

4) Does the applicant have development plans for the property after the ten-year duration of proposed mining?

       a) If so what are those plans?

5) As concerns the applicant’s proposed condition number 5 “Hauling of Material” please describe the nature and content of the current conversation to date with the Hamilton County Highway Department regarding the proposed crossing of “the affected segment of Cherry Tree Road adjacent to the Real Estate.”

       a) Will any infrastructure improvements be required for such proposed crossing?

6) Describe how the material would move to the “east property”.

       a) Is the “east property” where storage, processing, and distribution are located?

       b) What is the expected traffic for deliveries or pickup of material from the subject Real Estate?

       c) What is the expected traffic for fill related to reclamation?