Board Grants Mining Co Special Use Permit

(Following from the Danville Register and Bee 01-09-08)

Permit debate could end in court

By JOHN R. CRANE
Register & Bee staff writer
January 9, 2008

A group opposing plans to mine uranium in Pittsylvania County is considering taking the issue to circuit court. Southside Concerned Citizens may appeal Tuesday night’s decision by the Board of Zoning Appeals to grant a special-use permit for erection of uranium-core facilities on Coles Hill. “We are having a meeting Saturday morning to discuss action to be taken,” Eloise Nenon, board member of Southside Concerned Citizens, said Wednesday. Odie Shelton, the county’s director of code compliance and zoning administrator, said opponents have 30 days to appeal the board’s decision to Pittsylvania County Circuit Court. The Board of Zoning Appeals granted a special-use permit to Southside Cattle Company LLC to place uranium-core storage facilities on Coles Hill near Chatham. The core samples excavated during ongoing exploratory drilling and placed in the storage buildings would be tested. The potential for mining uranium in Virginia was proposed in both Pittsylvania and Orange counties in the early 1980s, but only Pittsylvania County has seen any serious interest in getting the statewide moratorium lifted. The Orange County Board of Supervisors voted unanimously Nov. 13 to approve a resolution supporting a continued moratorium on uranium mining. Halifax County supervisors passed a resolution Monday night supporting a continuance of the moratorium, as well, The Gazette-Virginian has reported. Southside Cattle is owned by Virginia Uranium Inc., which already has begun exploratory drilling. In a 4-2 vote during its regular meeting Tuesday night, the Board of Zoning Appeals granted the special-use permit under two conditions:n Use of the facilities, including an 8-foot by 12-foot office building and three 12-foot by 40-foot uranium-core storage trailers, must not exceed two years.n Uranium storage facilities must be guarded at all times. The board’s decision went against the Pittsylvania County Planning Commission’s 4-3 vote Jan. 3 to recommend the permit be denied.
An ongoing battleThe public hearing on the special-use permit Tuesday night lasted about two hours, with about 200 people in attendance. About 20 people urged the board to vote against granting the permit while a handful spoke in favor of the permit. Opponents mainly addressed uranium mining in general and said it would pose health hazards for area residents and wildlife by contaminating the air and water with radioactive material. Nenon was among those who voiced opposition to placing the facilities on Coles Hill. “I can assure you there is no way you can contain radiation in those buildings,” she told board members. In addition, uranium-storage buildings in a residentially zoned neighborhood would constitute an inappropriate use there, opponents said at the hearing. Supporters contend uranium mining would be an economic boon to a county dependent on tobacco farming for too long. Walter Coles, owner of Virginia Uranium Inc., said Wednesday that 65,000 feet of uranium core have already been stored in an aluminum building on the property for 25 years.The three future buildings, similar to those used for shipping freight overseas, would be sturdier, he said. Coles said opponents spread misinformation at Tuesday’s hearing. “The issues they were talking about would mainly be taking place at the mining stage,” Coles said. He said he’s not sure when the facilities will be erected at the site, which is on his land. Roy Crider, who owns property adjacent to the site, said he has no problem with Southside Cattle’s request. “I’ve watched them in action,” Crider said. “I think they can do this safely.”
Dissecting the vote Regarding the board’s vote countering the Planning Commission’s decision last week, Board of Zoning Appeals Chairman Ken Talbott said the commission is a political body appointed by the Board of Supervisors. The commission can make decisions on an issue based on whether they “like it or not,” Talbott said Wednesday. However, the Board of Zoning Appeals, which is appointed by the Circuit Court, must base its actions regarding special permits on whether the project will have significant adverse effects and if they can be mitigated, he said.If they can, then the board is obligated to grant the permit, Talbott noted. He said the two conditions imposed on the granted permit, regarding temporary special use and 24-hour guard, were to make sure the use would remain temporary and to ensure that terrorists and other criminals would have no access to the uranium. Talbott said he voted against the permit because he felt the facilities were not appropriate for a residential neighborhood. “It bothers me that they want to do this in an R-1 (residential) district,” he said just before the board’s decision Tuesday night.