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HomeMy WebLinkAboutHanson Aggregates Southeast LLC_SRHARNETT COUNTY BOARD OF ADJUSTMENTS January 9, 2023 Staff Contact: Randy Baker, Assistant Manager of Planning Services (910) 893-7525 or rbaker@harnett.org CASE NUMBER: BOA2211-0006 APPLICANT: Jack Garvey OWNER: Hanson Aggregates Southeast LLC. LOCATION: Covington Road Bunnlevel, NC ZONING: RA-30 ACREAGE: 177.67 Acres PIN# 0576-80-7529.000 LAND USE CLASSIFICATION: Agricultural REQUEST: Sand & Gravel Mining Activities AERIAL:  Directions from Lillington: Travel US 421 South – Turn right onto North 13th Street / NC 217 – Turn right onto Byrds Mill Road – Turn left onto Covington Road - Property is located on the left. PHYSICAL CHARACTERISTICS A. Site: Currently vacant. Contains areas of natural vegetation and agricultural production. B. Surrounding Land Uses: Consist of single family residential home sites, forestry and agricultural uses. Adjoining property to the east is utilized for mining operations. C. Utilities: Water – Public Sewer – Private TRANSPORTATION: Annual daily traffic count for Covington Road is unavailable. Site distances are good along Covington Road. BACKGROUND: Applicant would like to expand the current mining operations that are currently taking place on the adjacent property. If approved, this project will be required to go through the commercial site plan review and development process. The Commercial Site Plan review process includes a thorough review from Planning, Building Inspections, Fire Marshal, Public Utilities, E911/ Addressing, and Environmental Health Departments. This requested use would also require outside review and permitting from other agencies pertaining to storm water, natural resource controls and transportation. If approved, installation of appropriate buffering will be required in accordance with the Unified Development Ordinance as well as all other developmental improvement standards. UNIFIED DEVELOPMENT ORDINANCE REGULATIONS ARTICLE V. USE REGULATIONS 1.2 Table of Use Types & Regulations IND LI COMM O&I CONS RA-40 RA-30 RA-20R RA-20M PARKING USE GROUP LEVEL BUILDING CODE CLASS  RESIDENTIAL USES  Mining Activities S* S* S*   S* S* S* S* 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 4    11.7 Mining Activities A. No mining shall be commenced in Harnett County’s zoning jurisdictions until a Special Use permit has been approved by the Board of Adjustment. B. Special 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 Special Use subject to the terms and conditions of this Section and Article III “Development & Subdivision Review, Permitting, & Approval Requirements”, Subsection “Special Use Permit” of this Ordinance. In keeping with Article III “Development & Subdivision Review, Permitting, & Approval Requirements”, Subsection “Special 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 Special 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 Special 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. ARTICLE XIV. DEFINITIONS & CERTIFICATIONS 2.2 General Definitions Mining The extraction of minerals, including solids, liquids, and gases and/or the excavating and removing material from the surface and/or subsurface. SITE PHOTOS Site / 1586 Oakridge Duncan Road  Across Road / 1591 Oakridge Duncan Road  Road View / SR 1409 / Oakridge Duncan Road (South)  Road View / SR 1409 / Oakridge Duncan Road (North)  Neighboring Property Neighboring Property 1554 Oakridge Duncan Road 1628 Oakridge Duncan Road   SUBMITTED SITE PLAN