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Board continues Jacob Fisher surface-mine conditional use and variance to Oct. 23 for exhibit updates

2226779 · February 5, 2025
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Summary

The Board of Appeals continued both the conditional-use and variance requests for the Jacob Fisher surface mine to Oct. 23, directing the applicant to submit accurate exhibits, aerial photos and clearer location markers for the proposed mining area.

The St. Mary’s County Board of Appeals continued two related applications for a proposed surface-mining operation on property owned by Jacob Fisher to Oct. 23 to allow the applicant to submit clearer exhibits and an aerial photograph.

The applications are (1) a conditional-use request under chapter 25 of the county’s Comprehensive Zoning Ordinance to allow an extractive industry involving more than five acres of mining, and (2) a variance from section 51.3 0.80 of the county’s planning/ordinance provisions to reduce the 200-foot setback from an external property line for the proposed mine area. The subject property is approximately 110 acres; the proposed mining area was described as about 15.6 acres.

Jerry Soderberg, representing D. H. Stephens Company for the applicant, described access from existing driveways and the mining layout in general terms but the exhibit materials in the board packet did not clearly show the proposed pit location. Board members and staff said they could not determine the exact location of the mining area from the materials provided; the record showed that posting of the property was not fully evident at the locations some board members inspected.

Because the board needed a clear record of the proposed mining footprint and access, members voted to continue the hearings to Oct. 23, 2008. The board requested that the applicant submit a complete, accurate set of exhibits including aerial photographs and clearer site markings to show where the mining would occur and the intended access route. The continuation will allow DPW and other county reviewers to examine more precise materials before the board accepts testimony and moves toward a decision.

Board members noted that October 23 appeared to provide sufficient time for the applicant to supply the additional documentation. The board also asked that, where possible, any exhibits be distributed to board members in advance of the continued hearing.