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HomeMy WebLinkAboutBOA2009-0001 Hanson Aggregates SRHARNETT COUNTY BOARD OF ADJUSTMENTS October 12, 2020 Staff Contact: Landon Chandler (910) 893-7525 or Lchandler@harnett.org CASE NUMBER: BOA2009-0001 APPLICANT: Jack Garvey OWNER: Hanson Aggregates Southeast LLC LOCATION: Off of NC 217 South ZONING: RA-40 ACREAGE: +/- 12.52 & 12.48 PIN: 0585-68-5266.000 & 0585-68-5850.000 REQUEST Mining Activities: Expansion of Existing Mine MAP  PHYSICAL CHARACTERISTICS Site: Currently an existing, operating mining facility, but the area proposed for expansion is undisturbed Surrounding Land Uses: There are is adjacent mining operations, residential homes, and forested land TRANSPORTATION: Site distances are moderate. Traffic count is 4,600 vehicle trips per day BACKGROUND: This project will be required go through the commercial site plan review process. The Commercial Site Plan review process includes a thorough review from Planning, Fire Marshal, Public Utilities, E911/ Addressing, and Environmental Health Departments. as COUNTY UDO USE REGULATIONS: 11.7 Mining Activities A. No mining shall be commenced in Harnett County’s zoning jurisdictions until a conditional use permit has been approved by the Board of Adjustment. B. Conditional use approval granted by the Board of Adjustment shall not become effective until a mining permit is issued by the North Carolina Department of Environment and Natural Resources, Division of Land Resources (DENR), Land Quality Section, or successor agency. C. Mining may occur in any Harnett County zoning district for which mining is listed as a conditional use subject to the terms and conditions of this Section and Article III “Development & Subdivision Review, Permitting, & Approval Requirements”, Subsection “Conditional Use Permit” of this Ordinance. In keeping with Article III “Development & Subdivision Review, Permitting, & Approval Requirements”, Subsection “Conditional Use Permit” of this Ordinance, the following guidelines shall be used: 1. The operation will not constitute a substantial physical hazard to a neighboring dwelling house, school, religious structure, hospital, commercial, or industrial building, public street, or public property. 2. The operation will not have a significantly adverse effect on the purposes of a publicly-owned park, forest, or recreational open space area. D. A conditional use permit shall automatically expire if at any time after its issuance the State Mining Permit is revoked or terminated. E. Definitions Definitions as listed in the NCGS and The Mining Act of 1971, both of North Carolina and as amended, shall apply to this Subsection. F. Permit Application 1. Applicants for a conditional use permit shall submit to the Harnett County Planning Department two (2) copies of all documents required by the State of North Carolina for a Mining Permit Application, the Reclamation Plan, and any maps and charts accompanying these documents. These documents shall be reviewed by the Harnett County Board of Adjustment. G. Buffer & Screening Standards 1. A visual screen shall be established and maintained around that portion of the mining site that is being excavated or being used for the storage of minerals. Such screening is required only when such areas are visible at eye-level at ground elevation, at the time of permit issuance, from state-maintained right(s)-of-way, publicly-owned areas which have been maintained essentially in their natural state of vegetation, adjacent residences and other buildings, but not including accessory buildings or properties. Said screening shall meet the requirements of the “Type B; Option 2” buffer of the “Buffers” Section of this Ordinance. Only evergreen plantings shall be utilized to meet the requirements of this Section. When excavated areas have been reclaimed in accordance with the following: The Mining Act of 1971, of North Carolina and as amended, and Chapter 5 of the North Carolina Administrative Code, Title 15 “Environment & Natural Resources”, required artificial screening may be removed. 2. The visual screening requirements of the previous Section may be exempted when: a. The Planning Department determines that existing vegetative cover will fulfill these requirements. Such natural screening may consist of existing vegetative cover including, but not limited to, trees and shrubs, not less than 50 percent (50%) of which shall be evergreen. Screening may also consist of earthen berms or other artificial screens used individually or in combination with each other and existing vegetation to achieve a screening effect required by this Section. Screening materials and vegetation may be located in required buffer areas. All berms and other artificial screens requiring extensive land disturbance shall comply with the North Carolina General Statutes. b. It is determined that due to topographic, or other circumstances where, through no fault of the permittee, that the requirements of this Section cannot be provided. In such case, an alternative plan shall be submitted to the Planning Department. H. Vibration Standards All mining activities in Harnett County shall conform to the vibration policy adopted by the Land Quality Section of the North Carolina Department of Environment and Natural Resources (DENR). I. Nonconforming Mining Operations Mining operations begun prior to the adoption of zoning at the location in which the mine is operating shall be allowed to continue as nonconforming uses after that date. Mining operations for purposes of this Section are defined as those in operation or for which an application for a mining permit has been made to the North Carolina Department of Environment and Natural Resources.