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At a meeting of the Planning Commission of Cumberland County, Virginia, in the Cumberland County Elementary School Building at Cumberland Courthouse, Virginia commencing at 7:00 p.m., October 10, 2006, the following action was taken following a duly held public hearing during which time the County Planner/Zoning Administrator provided a review of the rezoning and conditional use permit request, the applicants representative and agents provided a review of the proposal and members of the public offered comment:

On a motion made by Commissioner ___________, and seconded by Commissioner ___________, it was moved that the Planning Commission recommend that the Board of Supervisors of Cumberland County grant, in accordance with the following Recitals and Resolutions Part One, the request to rezone from A-2 to M-2 the property described as the Facility Propertyin such Recitals and Resolutions;

Following a reading of the Recitals and Resolutions Part One, the Planning Commission adopted and approved the Recitals and Resolutions Part One according to the votes stated below:

WHEREAS, Cumberland County Development Company, LLC (the Permittee) filed a Rezoning and Conditional Use Permit Application Package containing a rezoning application and supporting materials (the Rezoning Application) and conditional use permit application and supporting materials (the CUP Application) seeking to rezone the property described below from A-2 to M-2 and obtain a conditional use permit in accordance with Chapter 74 of the Cumberland County Code of Ordinances (the Zoning Ordinance); specifically, the Permittee has requested the issuance of a conditional use permit under Section 74-583(3) of the Zoning Ordinance to operate a solid waste landfill (the Facility) to be regulated by the state; and

WHEREAS, the subject property is a portion of Parcels 51-A-14, 59-A-3, 59-A-4, 60-1-6, 60-1-7 and 60-1-8, containing in the aggregate approximately 556.92 acres, more or less, as shown in Figure 2 of the Application Package and more particularly described on Exhibit A attached hereto entitled Legal Description(hereinafter referred to as the Facility Property); and

WHEREAS, the Board of Supervisors duly referred the Rezoning Application and CUP Application to the County Planning Commission for its recommendation on August 12, 2006; and

WHEREAS, the Planning Commission directed staff to make the Rezoning Application and CUP Application available for public review; and

WHEREAS, the Planning Commission duly advertised and held public workshops and hearings on September 6, September 11, September 18 and October 10; and

WHEREAS, the Planning Commission carefully considered the testimony and evidence presented at the public hearings and workshops in support or opposition to the proposed Rezoning Application and CUP Application, including among other things documentation, information and data related to environmental monitoring and protection, traffic, noise, odor, lighting, and other pertinent and relevant issues, the input of the applicant, and its engineers and traffic consultants, input from the general public, the Countys engineers and input from officials with the Virginia Department of Environmental Quality with respect to the regulation and safety of landfill operations; and

WHEREAS, in its review of the Rezoning Application and CUP Application, the Planning Commission gave reasonable consideration to numerous factors, including but not limited to the following: the existing use and character of the Facility Property, the Countys Comprehensive Plan, the suitability of the Facility Property for various uses, the trends of growth or change, and the current and future requirements of the County as to land for various purposes as determined by population and economic studies; and

WHEREAS, after discussion, staff presentation and due deliberation with respect to such documentation, information and data, including information and materials presented at this public hearing, the Planning Commission desires to affirm its findings and make its recommendations to the Board of Supervisors with respect to the Rezoning Application and CUP Application;

b. Upon consideration of the foregoing and the conditions and standards set forth in the Zoning Ordinance, the Planning Commission considers it appropriate to rezone the Facility Property in accordance with the Rezoning Application.

c. The Planning Commission further finds that the request made in the Rezoning Application and the location of the proposed solid waste landfill on the Facility Property are in substantial accordance with the Countys Comprehensive Plan.

d. The Planning Commission has also determined that the request made in the Rezoning Application furthers the general purpose and objectives of the Zoning Ordinance and would be beneficial and appropriate taking into consideration public necessity, convenience, general welfare and good zoning practice;

e. Upon consideration of the foregoing, the Planning Commission recommends that Rezoning Application #06-08-01 be referred and recommended to the Cumberland County Board of Supervisors for adoption, and that the Board of Supervisors rezone the Facility Property from A-2 to M-2.

On a motion made by Commissioner ___________, and seconded by Commissioner ___________, it was moved that the Planning Commission recommend that the Board of Supervisors of Cumberland County grant the Conditional Use Permit in accordance with the following Recitals and Resolutions Part Two;

Following a reading of the Recitals and Resolutions Part Two, the Planning Commission adopted and approved the Recitals and Resolutions Part Two according to the votes stated below:

WHEREAS, the Planning Commission has recommended that the Board of Supervisors of Cumberland County grant, in accordance with the Recitals and Resolutions Part One, the request to rezone from A-2 to M-2 the property described as the Facility Propertyin such Recitals and Resolutions; and

WHEREAS, the Recitals in Recitals and Resolutions Part Oneare incorporated by this reference;

b. Upon consideration of the foregoing and the conditions and standards set forth in the Zoning Ordinance, including Sections 74-583 and 74-702, the Planning Commission recommends that the Board of Supervisors grant the conditional use permit as requested by the Permittee in the CUP Application, subject to the CUP Conditions as defined below and such other conditions as the Board of Supervisors deems necessary.

c. The Planning Commission has also determined that the request made in the CUP Application furthers the general purpose and objectives of the Zoning Ordinance and would be beneficial and appropriate taking into consideration public necessity, convenience, general welfare and good zoning practice;

d. Upon consideration of the foregoing, and in accordance with Section 74-702(a)(14) of the Zoning Ordinance, the Planning Commission finds it appropriate and further recommends that the Board of Supervisors modify the standards established in Section 74-588 of the Zoning Ordinance as set forth in the CUP Conditions as defined below.

e. Upon consideration of the foregoing, the Planning Commission recommends that Conditional Use Permit Application #06-08-01 be referred and recommended to the Cumberland County Board of Supervisors for adoption and that the Board of Supervisors grant the Permittee a conditional use permit to operate a solid waste landfill on the Facility Property in accordance with the Zoning Ordinance and applicable state law and regulations, subject to the Permittees compliance with the following conditions (collectively, the CUP Conditions):

1. The Facility shall be in compliance with applicable state and federal laws and regulations and Permittee will not commence operation until all applicable state and federal permits are obtained.

2. Permittee shall locate, permit, construct and operate the Facility in compliance with all applicable federal, state and local statutes and regulations, and the terms and conditions of all permits issued for the Facility.

3. The Facility shall not accept Medical Waste, Hazardous Waste or Toxic Waste as these terms are defined by the applicable state regulations. The Facility shall accept municipal sewage sludge only with the consent of the County, at the Countys sole discretion. Furthermore, the Facility shall not accept or utilize processing finesresulting from the recycling of construction and demolition debris as alternate daily cover.

4. Copies of all applications for state and federal permits, along with information submitted in any permit application process, shall be provided to the County Administrator, or designee, upon request.

5. Ingress and egress to and from the Facility will be by way of an access road connecting the Facility with State Route 60. The Permittee will operate the Facility in such a manner as to avoid unreasonable traffic congestion involving company-controlled waste stream providers on County roads. Permittee shall conduct, at its own expense, a traffic signal warrant study every two years as recommended by the Virginia Department of Transportation (VDOT) and according to VDOT standards. If such study or by VDOT determination a signal or other road improvements at the new intersection are deemed necessary, such upgrades shall be provided at Permittees expense. At a minimum turn lanes at the new intersection of State Route 60 and the new access road shall be provided at Permittees expense prior to acceptance of waste at the Facility.

6. Permittee shall substantiate that no more than 5% of company controlled waste stream providers will access the Facility via Route 45 between Cartersville and Route 60. Excluded from this percentage shall be any providers servicing the Cartersville area. Furthermore, the Facility shall not accept any waste delivered by way of the Pemberton rail siding or any rail transfer station located in Goochland County, Virginia.

7. The Permittee will provide for a vegetative buffer area with a minimum width of one hundred (100) feet between the Facilitys disposal area and any adjoining property ownersproperty in order to shield the Facility from adjoining property and public roads, not including access points or areas of ingress or egress. In areas where the required buffer is not wooded, or such woods are sparse, Permittee shall engage in tree/vegetative planting (determined to be dense plantings, preferably evergreen, with a minimum height of six feet at planting) to further buffer such areas. Permittee shall avoid locating any new storm water management facilities within such buffer.

8. The height of any buildings will not exceed thirty-five (35) feet. The height of any appurtenant structures (such as leachate collection tanks will not exceed fifty-five (55) feet above existing ground elevation unless otherwise approved by the County at the time of site plan review.

9. The disposal footprint (that area of land upon which waste is directly deposited) of the Facility, as determined by the Virginia Department of Environmental Quality shall not exceed 265 acres.

10. The height of the landfill will not rise above the engineered elevations approved by the Virginia Department of Environmental Quality as a part of the Part A and Part B Review process. At no time shall the height of the landfill rise more than 225 feet above the highest existing ground elevation within the disposal boundary.

11. Permittee has submitted and the County has accepted a conceptual site plan for the Facility prepared by Brown and Caldwell, attached to the CUP Application as Figure 3 and entitled Conceptual Facility Plan(the master site plan). Permittee shall obtain approval of its final detailed site plans prior to constructing any buildings or other improvements on the Facility Property and prior to commencing operations at the Facility. Such final site plans shall provide, at a minimum and consistent with the Zoning Ordinance, detailed information regarding:

a) the location and design of all planned improvements, including, but not limited to roads, staging areas, parking areas, lighting, buildings and cells;

b) the location of streams, creeks and delineated wetlands, the topography, floodplains, soil and groundwater conditions of the area;

c) the specific buffers and any structures to be placed within the buffer areas adjoining the operational area (in accordance with the terms of this Conditional Use Permit) and the specific plans for landscaping and screening augmentation;

d) the specific steps to be taken to protect floodplains, wetlands, and water quality, and

Such final site plans shall be submitted to the County Administrator, or designee, who shall review them for conformance with the terms of this Conditional Use Permit and the master site plan approved in connection with this Conditional Use Permit, with such modifications as may be approved at the time of site plan review.

12. The Permittee shall source recycling outlets for source-separated commodities such as newsprint, metal and glass and assist the County in obtaining its recycling goals (which are currently 25% of the total waste stream as set forth in the Solid Waste Management Plan), as those goals may be amended from time to time. The Permittee shall dispose or process all recyclables in a manner agreed to by the County.

13. Groundwater shall be monitored in accordance with all applicable state and federal laws and regulations and as required by all applicable permits. Copies of all required monitoring tests shall be provided to the County Administrator, or designee. Permittee shall authorize and otherwise permit the County to site and establish additional groundwater monitoring wells on, at and around the Facility.

14. All fuels stores at the Facility shall be maintained in approved corrosive-resistant, above ground storage tanks. Bulk fuels shall not be stored in buildings on the site. Fuel stores or other holding tanks at the Facility shall be noted on any site plan for approval by the County Administrator, or designee.

15. Pursuant to applicable state regulations, and prior to accepting waste, the Facility shall have an emergency management and contingency plan which delineates procedures for responding to fire and other emergency situations and submit such plan for County approval which shall not be unreasonably withheld.

16. The Facility shall comply with all applicable state and federal laws and regulations relating to closure of the Facility and post-closure monitoring. As part of the post-closure plans for the Facility, a Final Use Plan shall be prepared at the end of the operating life of the Facility.

17. The Permittee shall employ laborers to patrol the Facility and surrounding public property, including those public roads within one-half (1/2) mile of the Facility entrance, to collect litter.

18. The Facility shall comply with all applicable state and federal laws and regulations relating to the monitoring and control of landfill and methane gas produced at the Facility.

19. In order to prevent soil erosion at the Facility, the Permittee shall implement and maintain all stormwater management and erosion control measures as required by applicable state regulations and local ordinances.

20. The County Administrator, or designee, shall have the right to inspect the Facility during normal business hours.

21. The Permittee will be allowed to conduct waste disposal between the hours of 5:30am until 5:30pm Monday through Saturday. The Permittee will not conduct waste disposal on Sundays unless approved by the County. The Permittee may conduct waste disposal during the extended hours of 4:00am to 9:00pm or any portion of time therein, subject to the approval of the County.

22. At a minimum, the Permittee shall employ appropriate supervisors, managers and mechanics, as well as equipment operators, laborers and office personnel. The Permittee shall have sufficient equipment on site to ensure orderly operation of the Facility.

23. The Facility shall comply with all applicable state regulations pertaining to the placing of intermediate and final cover.

24. Consistent with applicable state regulations, the Permittee shall pay an annual fee to the County in an amount equal to the reasonable administration cost needed to monitor the Facilitys compliance with conditions expressed in the use permit.

25. Upon request by the administrator or designee, Permittee shall submit all monitoring results obtained at the Facility pursuant to permit conditions or regulatory requirements.

26. In the event the Permittee does not remain in substantial compliance with the applicable federal, state or local laws, regulations or permit conditions is notified of any violation thereof or is subject to any investigation or inspection thereof (due to a violation of applicable federal, state or local laws, regulations or permit conditions), Permittee shall promptly notify the County Administrator, or designee, thereof and shall provide information pertinent thereto.

27. Permittee shall analyze leachate from the Facility not less than annually for the constituents specified in applicable state regulations. The Permittee shall provide copies of such analyses to the administrator or designee. Permittee shall manage all leachate at the Facility in accordance with applicable state regulations.

28. All vehicles leaving the Facility shall be cleaned as necessary to avoid tracking of mud or soil onto State Route 60.

29. Permittee shall have an inspection program of each truck to verify that all incoming waste is acceptable in content and origin. Records relating to waste accepted at the Facility shall be maintained and will be available for review at any time by the administrator or designee. The Permittee shall train all personnel employed at the Facility to identify unauthorized wastes, including having familiarity with typical containers, markings, labels and placards that might aid in recognizing unauthorized wastes.

30. The Permittee shall implement a surface water monitoring plan for natural streams and other surface water bodies located on or adjacent to the Facilities and which shall conform to applicable state requirements.

31. On-site permanent survey benchmarks for horizontal and vertical control will be established at the Facility. At least annually, a revised topographic survey of the working face shall be made and, upon request by the County Administrator, or designee, delivered to the administrator or designee.

32. Roads within the Facility shall be graded as necessary to maintain smooth, well-drained surfaces. During dry periods, these operating roads shall be sprayed with water, if necessary, to reduce dust problems. All roads necessary for the operation of the Facility shall be kept in passable condition. Primary access roads within the Facility shall be kept in a passable condition, before and after closure. Permanent unpaved roads shall be covered with gravel. Roads will have a setback of at least one-hundred (100) feet from adjacent property lines, except (i) as necessary to access the Facility, (ii) as contained in the approved Virginia Department of Environmental Quality Part A and Part B permits, and/or (iii) as otherwise approved at the time of site plan review.

34. Operations at the Facility shall not involve the use of any external speakers.

35. The sides of all borrow areas within the Facility shall be graded to prevent sudden changes in slopes. All stock piles of overburden will be graded to minimize erosion potential and to prepare the site for future uses in the final plan.

36. This Conditional Use Permit shall not be transferred or assigned without the prior approval by the Board of Supervisors.

37. Following commencement of operations at the Facility, this Conditional Use Permit shall terminate if the landfill ceases to operate and maintain the required state permits for four (4) years or more.

38. In lieu of the noise standards set forth in Section 74-588(a)(1) of the Zoning Ordinance, the following standard shall apply to the Facility: Any noise resulting from the Facilitys operations, defined to include all aspects of the Permittees work once the Facility begins operations, shall not exceed sixty-seven decibels at the nearest residence. If the noise level at any residence exceeds the permitted limit, the Company shall be afforded reasonable opportunity to take corrective measures to eliminate such noise that exceeds the aforementioned threshold level.

39. In lieu of the glare and lighting standards set forth in Section 74-588(a)(2) of the Zoning Ordinance, the following standard shall apply to the Facility: Once construction of the ancillary facilities located within the Facility are complete, the maximum illumination at the property lines of the Facility shall be limited to .5 foot candles. Permanent exterior lighting fixtures on the Facility property shall not exceed thirty (30) feet in height above grade level. The exterior lighting fixtures shall be shoeboxor similar type capable of shielding the light source from direct view. Temporary working lights utilized on the face of the disposal area shall be specifically excluded from the limitations contained herein.

40. In lieu of the odor standards set forth in Section 74-588(a)(9) of the Zoning Ordinance, the following standard shall apply to the Facility: The Facility will implement a landfill gas management plan with an odor control and corrective measures plan (OCCMP) component. The OCCMP shall consist of the following elements: 1) Objective, 2) Source Identification, 3) Reporting and Monitoring, 4) Operational Controls, and 5) Landfill Gas System. Should the Company have received three (3) verified complaints regarding odor from three (3) or more residences (located within one mile of the Facility) within any forty-eight (48) hour period, the Company shall initiate a corrective action plan (CAP). In the event that the initial CAP does not remedy the cause of the odor within 30 days of receipt of the verified complaints, a revised CAP with an objective remedial endpoint will be submitted to the County, or its designee, for its reasonable approval. A cumulative reading of less than 15 ppb hydrogen sulfide (H2S) based on a one (1) hour average over a continuous twelve (12) hour monitoring period at the subject residences and a reading of less then 1 ppm hydrogen sulfide (H2S) bases on a twelve hour average at the Facility boundary closest to the subject residences (located within one mile of the Facility) shall be deemed to be a satisfactory remedial endpoint. The remedial endpoint shall be waived, and deemed met, if it is determined that the cause of the odor exceeding the satisfactory remedial endpoint is not materially attributable to the Facility.

41. All documents received by the County from Permittee, with the exception of proprietary information, shall be public records subject to the Virginia Freedom of Information Act.

f. Upon the Boards approval and granting of the conditional use permit, the Planning Commission recommends that the Board require a copy of the final ordinance granting the Conditional Use Permit to be recorded in the Office of the Clerk of the Circuit Court for Cumberland County.

Being located in Cumberland County, Virginia and being further described as follows: Beginning at a point on the northern right-of-way of SR 645, Goshen Road, and located at the southwest corner of tax parcel # 59-A-4, listed as John Hancock Mutual Life Insurance, and described by a deed recorded at deed book 236, page 1, thence N3°-22-37W 2871.01, N2°-51-42W 129.52, N2°-04-02E 1708.85, N56°-28-48E 990.62, N64°-30-45E 2006.44, N74°-16-49E 1110.91, S89°-19-17E 598.23, S28°-57-45W 644.81, S87°-56-41E 338.49, N28°-40-15E 522.30, S88°-05-11E 687.59, S3°-18-17E 2387.40, S71°-30-34W 1635.51, S32°-22-56W 994.46, S0°-00-00E 1318.63, S89°-03-56W 621.02, S3°-49-33E 1458.90, S86°-56-46W 250.51, S86°-49-02W 856.28, S85°-27-40W 107.00, S89°-27-40W 483.54, N59°-08-21W 20.96, along a curve to the left having a radius of 1452.39, a length of 274.19, and a chord of N64°-32-51W 273.78, N69°-57-21W 451.27, along a curve to the left having a radius of 838.51, a length of 306.35, and a chord of N80°-25-20W 304.65to the point of beginning containing 556.921 acres.