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Record of Proceedings

Charles County Board of Appeals Meeting - October 28, 2025

County Commissioners & Boards — Tuesday, October 28, 2025
BodyCharles County, Maryland
SessionCounty Commissioners & Boards
DateTuesday, October 28, 2025
StatusFILED
Video Record
0:00 / 2:20:14

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:29

This is working.

0:31

Thank you.

0:31

Good evening, ladies and gentlemen.

0:33

Welcome to the Board of Appeals meeting for Tuesday, October 28th, 2025.

0:38

So everyone had an opportunity to check your mics.

0:41

Good.

0:43

Prior to the start of this hearing, I wish to tell all in attendance the following.

0:47

The Board of Appeals is a quasi-judicial board appointed by the county commissioners.

0:51

The board is charged with the responsibility of applying the Charles County ordinance to each application for a variance or special exception in a fair and impartial manner after a hearing where all parties or interested persons are heard.

1:05

Our decisions are not made based on the number of witnesses or the quantity of evidence, but rather on the quality of the evidence.

1:13

Repeating a point of view or an opinion already given does not make it any more credible, and repetition is to be avoided.

1:21

We request the proper quorum be observed.

1:23

Do not speak until recognized.

1:26

After the applicant has completed their presentation, only the individuals that signed up will have the opportunity to speak.

1:37

One of those uh one of those who registered online to speak, and another if you're or if you are just signing up to speak tonight.

1:47

Both seats are located in the front of the room with the clerk for all scheduled hearings.

Unassigned speaker

1:52

If

Speaker 1

1:53

you are present and wish to speak, speak, you must put your name on the sign-in sheet.

1:58

Each member of the Board of Appeals is required by law to be and remain impartial to both sides and can only base its decisions on the evidence presented at the hearing.

2:08

Consequently, any verbal communication with a board member outside of the hearing room and pertaining to any pending case is strictly prohibited under the ethics of all independent boards.

2:18

The board appreciates your anticipated respect for the process.

2:30

At this time, I will afford an opportunity for any comments not related to the cases being presented tonight.

2:36

Anyone have anything else to say other than what we the two cases we have this evening?

2:41

Seeing no comments, we'll move forward with the first order of business.

2:45

We have two cases for decision, I mean for discussion this evening.

Unassigned speaker

2:50

The

Speaker 1

2:50

Mona equipment.

3:03

That's our second one this evening.

Speaker 2

3:10

Certainly.

3:13

Absent.

3:14

Jennifer Walker.

3:16

Absent.

3:17

Damien Trisada.

Speaker 3

3:19

Here.

Speaker 2

3:19

Timothy Trainer.

Speaker 3

3:21

Present.

Speaker 2

3:22

George Grendel.

Speaker 1

3:24

Here.

Speaker 2

3:24

Bud Humbert Chair.

Speaker 1

3:26

Present.

Speaker 2

3:27

The roll is complete.

Speaker 1

3:29

Thank you.

3:29

At this time I'll ask for an approval of tonight's agenda for today, October the 28th.

3:35

Have a motion, please.

Speaker 3

3:36

Mr.

3:37

Chairman, I move that the agenda be approved.

Speaker 1

3:39

And a second?

Speaker 4

3:41

Second.

Speaker 1

3:41

We have a second.

3:42

All in favor, aye.

3:43

Aye.

3:44

Any opposed, same sign.

3:45

Motion carries.

3:46

We'll stick to the agenda this evening.

3:50

Moving on the approval of the meeting minutes.

3:53

The approval for the meeting minutes from September the 23rd, 2025.

3:57

Did everyone have an opportunity to review those minutes?

4:00

Yes.

4:00

Any questions?

4:01

Anything?

Discussion Breakdown — Share of Meeting
Mining Operations██████████████████18%
Zoning████████████████16%
Procedural██████████████14%
Public Safety█████████████13%
Water And Wastewater Management███████████11%
Legal Affairs█████████9%
Public Engagement████████8%
Transportation Safety█████5%
Environmental Protection███3%
Summary of Proceedings

Charles County Board of Appeals Hearing - October 28, 2025

The Charles County Board of Appeals convened on October 28, 2025, to address two special exception applications. The board approved a special exception for Mona Recycling with eight enumerated conditions. The board also began hearing a case for a new surface mining operation by Percante Inc. on Poplar Hill Road, which was continued to a later date.

Consent Calendar

  • Unanimously approved the meeting agenda for October 28, 2025.
  • Unanimously approved the meeting minutes from September 23, 2025.

Old Business: Mona Recycling Special Exception

  • Background: The applicant, represented by attorney Steve Scott, presented updates on proffered conditions from the September 23, 2025 hearing.
  • Presented Proffers: Capping daily truck trips at 80; constructing 16-foot noise berms; no operations on weekends or federal holidays; operating only with valid MDE permits; paving a 400-foot entrance road; limiting stockpile heights to 70 feet; discontinuing use of a private roadway; and recording a restrictive covenant.
  • Board Discussion: The board conditioned approval on the covenant being recorded prior to any building permits.
  • Key Outcomes: The special exception was approved unanimously with conditions.

New Business: Percante Inc. Surface Mining Special Exception (Docket 1476)

  • Application: A request to allow surface mining on a property at 14935 Poplar Hill Road, adjacent to Malcolm Elementary School.
  • Staff Report: Staff recommended approval with 11 conditions, including a 12-foot berm and a 300-foot buffer near the school during sessions.
  • Applicant's Case: Proposed hours of Monday-Friday 7:00 AM to 3:30 PM, 200 truck loads per day, a 10-10-10 mining system, and a commitment to mitigate well impacts for neighbors.
  • Board Questions: The board extensively questioned the applicant on truck routes, well mitigation, noise, and safety.

Public Comments & Testimony

  • The public hearing was opened due to large turnout. The following spoke in opposition:
    • Scott Haney (Principal, Malcolm Elementary): Raised safety and health concerns, citing a recent drowning at a mine.
    • Renee Brooks (Neighbor): Berms do not protect her home.
    • Ernest Hepler Jr. (PhD, Noise Expert): Reported problems at the applicant's other site.
    • Armin Nicholas (Engineer): Criticized the reclamation plan and air quality impacts.
    • Danielle Jones (Nurse Practitioner): Detailed children's health risks.
    • Christopher Charney (Resident): Cited MDE violations and well issues.
    • Michelle Wade (Realtor): 10-30% property value loss.
    • Joseph Newman (Resident): Map showed multiple existing mines in area.
    • Levi Harrell (PTO President): Incompatible with school zone.

Key Outcomes

  • Mona Recycling: Special exception approved.
  • Percante Inc. (Docket 1476): Hearing continued.
  • Deadlines: Extended for several dockets.
  • Adjournment: Meeting adjourned.

Meeting Transcript

This is working. Thank you. Good evening, ladies and gentlemen. Welcome to the Board of Appeals meeting for Tuesday, October 28th, 2025. So everyone had an opportunity to check your mics. Good. Prior to the start of this hearing, I wish to tell all in attendance the following. The Board of Appeals is a quasi-judicial board appointed by the county commissioners. The board is charged with the responsibility of applying the Charles County ordinance to each application for a variance or special exception in a fair and impartial manner after a hearing where all parties or interested persons are heard. Our decisions are not made based on the number of witnesses or the quantity of evidence, but rather on the quality of the evidence. Repeating a point of view or an opinion already given does not make it any more credible, and repetition is to be avoided. We request the proper quorum be observed. Do not speak until recognized. After the applicant has completed their presentation, only the individuals that signed up will have the opportunity to speak. One of those uh one of those who registered online to speak, and another if you're or if you are just signing up to speak tonight. Both seats are located in the front of the room with the clerk for all scheduled hearings. If you are present and wish to speak, speak, you must put your name on the sign-in sheet. Each member of the Board of Appeals is required by law to be and remain impartial to both sides and can only base its decisions on the evidence presented at the hearing. Consequently, any verbal communication with a board member outside of the hearing room and pertaining to any pending case is strictly prohibited under the ethics of all independent boards. The board appreciates your anticipated respect for the process. At this time, I will afford an opportunity for any comments not related to the cases being presented tonight. Anyone have anything else to say other than what we the two cases we have this evening? Seeing no comments, we'll move forward with the first order of business. We have two cases for decision, I mean for discussion this evening. The Mona equipment. That's our second one this evening. Certainly. Absent. Jennifer Walker. Absent. Damien Trisada. Here. Timothy Trainer. Present. George Grendel. Here. Bud Humbert Chair. Present. The roll is complete. Thank you. At this time I'll ask for an approval of tonight's agenda for today, October the 28th. Have a motion, please. Mr. Chairman, I move that the agenda be approved. And a second? Second. We have a second. All in favor, aye.

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