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Home My WebLink AboutS-632 ApplicationPage 1 of 4 SUP (4/10) APPLICATION # _____________ Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification SUBMISSION REQUIREMENTS PLEASE READ SECTIONS 70 and 71 of the Zoning Ordinance prior to submission. For high density residential projects, please also refer to the High Density application and also note the proposal must be reviewed by the Technical Review Committee prior to submission for consideration by the Planning Board. Applications MUST be reviewed by Planning & Zoning staff for completeness prior to acceptance. When Special Use Permits are required for uses more or less accessory to a residential use (i.e., in-home child daycare) or for single-wide mobile homes as required, a fee of $150.00 is required. All other Special Use Permits require a fee of $400.00. This fee, payable to New Hanover County, MUST accompany this petition. 1.No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale to be used as evidence in support of the required findings of fact (outlined on page 2 of this application). If submitting plans larger than 11x17, please provide ten (10) copies for the Planning Board meeting. You will be asked for an additional thirteen (13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced copy of the site plan. Digital submission may be substituted when accurate scaling can be assured. The following supplemental information is required: 1One copyof current tax map 2Narrative of proposed use 3Adjacent property owners and uses 4Traffic Impact Analysis (if applicable) 5Site Plan (Ref. Site Plan Checklist) and signed site plan checklist 6Authority for appointment of agent form (The owner or an attorney must handle the case) 7Applicant answers to the questions on the application Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with the Zoning Ordinance of the County of New Hanover. NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT SPECIAL USE PERMIT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com CindeeWolf InvistaS.A.R.L.230SuttonLakeRoad DesignSolutions c/oS.T.WootenCorporation 320004.72.0523+ P.O.Box7221 P.O.Box2408 80.4 ac.+/-(Total) Wilmington,NC28406 Wilson,NC27894 I-2 /Vacant 910-620-2374 252-206-8912 /BrianGurganus Sand Mining cwolf@lobodemar.biz brian@stwcorp.com Transition&NHResource Page 2 of 4 SUP (4/10) REVIEW PROCEDURES Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by Planning & Zoning, twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by Planning &Zoning twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisﬁes these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must ﬁnd “that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.” General Requirement #2 The Board must ﬁnd “that the use meets all required conditions and speciﬁcations” of the Zoning Ordinance”. TheprojectislocatedoutintheU.S.Hwy.421industrialcorridoroftheCounty,alongaState collectorroadwithmorethatadequatecapacitytohandlethetrucktraffic.Itisinanexcellent locationforaccessibilitytothemarketsitwillserve.Theamountoftripgenerationislow,and spreadoutthroughtheday.Theproposalisforexpansionofanexistingminingfacility,butthe expansionoftheoperationswillstillrequirepermittingbyavarietyofagenciespriortothe onsetofimprovementsandthebeginningofuse.Theseinclude,butarenotlimitedto,erosion control,stormwatermanagement,miningandairqualitypermits. Thesiteplanhasbeencreatedinaccordancewithalloftherequirementsandregulationsofthe ZoningOrdinanceandwillgothroughmoredetailedreviewandapprovalduringthezoningcompliance permitting.Setbacks,parkingneedsandlandscapingforaestheticshavebeenconsidered.The supplementalrequirementsfortheproposed"highintensityminingoperations"usehavealsobeen incorporated,asnecessary,intotheproposal. Page 3 of 4 SUP (4/10) General Requirement #3 The Board must ﬁnd “that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity.” General Requirement #4 The Board must ﬁnd “that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County.” Thesurroundingpropertyusesareindustrialinnature,andthereisexistingminingactivityinthe vicinity.Therehasbeennoevidenceofdiminishedpropertyvaluesinthepastyearsduetothose uses. TheI-2/HeavyIndustrialdistrictisestablishedforthefull-rangeofusesassociatedwith highwaytransportationand/ortheneedforseparationfromresidentialuses.Theclosest residentialdistrictisacrossandtotheEastoftheCapeFearRiver.Policiesforgrowthand economicdevelopmentencouragecontinuedeffortstoattractandretainbusinesses.Theexpected largeinfluxofresidencesinthefutureyearscontinuestodrivehomebuildingandservices provisiondevelopmentneeds.Theimprovementsthatwillberequiredincludeamultitudeofneeds forthematerialsbeingmined.TheI-2districtwasassignedtothisvicinityoftheCountybecauseofpre-existingindustryinthislocation,thelargeopenacreageandthelackofresidentialuses. Page 4 of 4 SUP (4/10) SITE PLAN CHECKLIST Check each item to confirm that is included. Application will not be deemed complete without addressing each item. Tract boundaries and total area, plus location of adjoining land parcels and roadways. Existing zoning of the tract and neighboring parcels and proposed tract zoning. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and site plan outlining area to be occupied by each structure and/or subdivided lot boundaries. For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. Development schedule including proposed phasing. Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas. All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage. The one hundred (100) year floodplain line, if applicable Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, which are the minimum requirements for Special Use Permit, or other limitations on land which may be regulated by State law or Local Ordinance. Any other information that will facilitate review of the proposed change (See Article VII). The Zoning Ordinance in some instances also imposes additional speciﬁc requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each speciﬁc requirement found in Section 72, additional restrictions imposed on certain special uses (as applicable). He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. __________________________________________ ___________________________________ Signature of Petitioner and/or Property Owner Print Name ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ CynthiaWolf/DesignSolutions S.T. Wooten Sand Mining Special Use Permit Narrative About S.T. Wooten Founded and headquartered in North Carolina, S.T. Wooten has a 60-year history of corporate citizenship. As a family-owned business, headquartered in Wilson, N.C., the company employs approximately 900 people across the state. Valuing safety, quality and productivity, S.T. Wooten Corporation provides both construction materials and services across central and eastern North Carolina. It produces asphalt and ready mix concrete and offers heavy highway construction, grading, utilities, structures, concrete construction, asphalt paving, design-build, and commercial and residential construction. With a reputation for excellence, S.T. Wooten has been recognized at both the state and national levels for its quality and innovation. About the Site S.T. Wooten currently operates an asphalt plant and an existing borrow pit on a nearby 90-acre tract permitted by NCDENR in 2006. An adjacent 65-acre tract holds a 2012 “reclamation” mining permit, and serves as a source of fill (soil and sand) for the I-140 highway project. The additional 80-acre tract, that is the subject of the proposed Special Use Permit, is being purchased to expand the mining operations. When the highway project is completed, remaining volume of the combined properties will continue to serve as borrow pit / sand mine resources for filling the Duke Power coal ash pond rehabilitation efforts and directly servicing the existing asphalt plant on the adjacent property. As located in a Heavy Industrial (I-2) zone, the site meets all conditions and requirements of the zoning ordinances. Based on its location and purpose, the borrow pit will have little impact on its neighbors and the public. Minimal Impact To prepare the site, tree protection fencing and erosion control measures will be installed. Significant trees within the operations area have been surveyed & will be mitigated if necessary to remove them during clearing for the mining. The CSX Railroad has acknowledged that development of the new site as a borrow pit will not affect the neighboring rail line. Although there is no discharge of water from the pits beyond the property boundaries, there is still pumping from area to area while digging. As material is dug from the site, the water is shifted from basin to basin, but stays within the project and should not have any impact on local water quality. However, because this practice is still interpreted as “dewatering,” all mining operations and their associated activities shall be located a minimum of 100 feet from all property lines. Traffic will not exceed the amounts currently generated by the existing pit on the neighboring site. During the pit’s initial use on I-140, the project is approximately a quarter-mile away. For subsequent projects, the site is very close to US-421, a divided four-lane highway and a major thoroughfare. Trucks will cross no residential roads or areas on the short trip between the site and 421. All employee parking will be on site, with two to three employees expected. The pit will be completely enclosed by a security fence. Operations take place during daylight hours, minimizing the impact of noise. Per local, state and federal regulations, dust and silica emissions will be contained to the property by regular water spraying. Engineering controls will be used to mitigate exposure to dust for employees and neighbors. Mining procedures will conform to OSHA and MSHA regulations. These operations cause no odor and no combustible materials will be stored on site. The company has received no complaints regarding the existing pits on the neighboring sites. Public Safety The safety of the pit itself is governed by state and federal agencies. S.T. Wooten’s Experience Modification Rate (EMR) is 0.76, 24 percent better than the national EMR contractor average of 1.00. S.T. Wooten currently operates 13 pits in eastern North Carolina. We are proud of our safety record for these pits and recently earned an MSHA Achievement of Safety, presented by the Mine Safety and Health Administration. S.T. Wooten’s Womble Pit achieved this recognition by logging more than 4,000 employee hours in 2011 with zero “no days lost” injuries. Operations Daily operations of digging and loading trucks will produce minimal effects on the public. A minimal amount of traditional excavation equipment will be used, including an excavator and a dredge. Excavation methods will not require dewatering. Based on the high permeability of the soils and topography on the site and our experience at the adjacent sand mine, there will minimal to no runoff from the property. Operations will usually take place during daylight hours, minimizing the impact of noise. The two or three employees required will park on site. Operations will cause no odor. No combustible materials will be stored on site. Per local, state and federal regulations, dust and silica emissions will be contained to the property by regular water spraying. Engineering controls will be used to mitigate exposure to dust for employees and neighbors. Mining procedures will conform to OSHA and MSHA regulations. The company has received no complaints regarding the existing pit on the neighboring site. Adjacent Ownership List PARIDOWN1Owner AddressOwner City R03200‐001‐026‐000 OLD MBC OFFICE LLC0 PO BOX 42WRIGHTSVILLE BEACH, NC 28480 R03200‐002‐001‐000 NC COASTAL LAND TRUST131 RACINE DR SUITE 101WILMINGTON, NC 28403 R02300‐001‐006‐000 NEW CENTER PROPERTIES LLC1442 QUADRANT CIR WILMINGTON, NC 28405 R02400‐001‐005‐000 FORTRON INDUSTRIES LLC0 PO BOX 327WILMINGTON, NC 28402 R02400‐001‐008‐000 FORTRON INDUSTRIES LLC4600 421 HWY N PO BOX 327 WILMINGTON, NC 28402 R02400‐001‐038‐000 KOCH RP HOLDINGS II LLC4111 EAST 37TH ST N WICHITA, KS 67220 R03200‐001‐013‐000 MARLEY ISAAC R DOROTHY F215 MARLEY DR CURRIE, NC 28435 R02300‐001‐009‐000 MERRITT GLENN D CYNTHIA M1744 OLD ANDERSON STORE RD WATHA, NC 28471 R02300‐001‐010‐000 YTC PROPERTIES LLC1500 DOUNE ST WINSTON SALEM, NC 27127 R02400‐001‐002‐000 FORTRON INDUSTRIES LLC0 PO BOX 327WILMINGTON, NC 28402 R03200‐001‐035‐000 WIL FERGIE LLC0 PO BOX 10810RALEIGH, NC 27605 R02300‐001‐015‐000 OHIO VALLEY LAND CO INC0 PO BOX 1915WILMINGTON, NC 28402 R03200‐002‐001‐029 WILMINGTON LANDCO LLC3301 BENSON DR SUITE 601RALEIGH, NC 27609 R03200‐001‐034‐000 WIL FERGIE LLC0 PO BOX 10810RALEIGH, NC 27605 R02400‐001‐003‐000 DLH HOLDINGS LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐039‐000 WILBARA LLC118 35TH ST E SAVANNAH, GA 31401 R02400‐001‐037‐000 KOCH RP HOLDINGS II LLC4111 EAST 37TH ST N WICHITA, KS 67220 R02400‐001‐001‐002 ARTEVA SPECIALTIES S A R L 0 PO BOX 2936WICHITA, KS 67201 R02400‐001‐009‐000 DLH HOLDINGS LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R03200‐001‐036‐000 OLD NORTH STATE PROPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐041‐000 SEAMIST PORPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐043‐000 SEAMIST PROPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐042‐000 SEAMIST PROPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐006‐000 FORTRON INDUSTRIES LLC0 PO BOX 327WILMINGTON, NC 28402 R02400‐001‐004‐000 S T WOOTEN CORP0 PO BOX 2408WILSON, NC 27894 R02400‐001‐001‐001 UNION CARBIDE IND GASES INC39 OLD RIDGEBURY RD DANBURY, CT 06810 R02400‐001‐007‐000 BGM PROPERTIES LLC403 VICTOR HUGO DR CARY, NC 27511 R02400‐001‐010‐000 DLH HOLDINGS LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R03200‐001‐012‐000 OLD MBC OFFICE LLC0 PO BOX 42WRIGHTSVILLE BEACH, NC 28480 R03200‐001‐018‐000 REM SERVICES INC0 PO BOX 33424CHARLOTTE, NC 28233 R02300‐002‐001‐000 CAROLINA POWER & LIGHT CO0 PO BOX 1551RALEIGH, NC 27602 R03200‐001‐021‐000 NEW HAN CNTY230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403 R02400‐001‐001‐000 INVISTA S.A.R.L.4123 37TH ST E WICHITA, KS 67220 R02400‐001‐040‐000 S T WOOTEN CORPORATION3801 BLACK CREEK RD WILSON, NC 27894 R02300‐001‐005‐001 TAR RIVER INVESTMENTS LLC0 PO BOX 5310VIENNA, WV 26105 R01500‐002‐001‐001 NEW HAN CNTY230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403 R03200‐002‐001‐010 GENERAL SHALE BRICK INC0 PO BOX 3547JOHNSON CITY, TN 37602 R03200‐002‐001‐014 BUENA VISTA SUN LLC0 PO BOX 1320WILMINGTON, NC 28402 R03200‐002‐011‐000 WILMINGTON LANDCO LLC3301 BENSON DR SUITE 601RALEIGH, NC 27609