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S-632 ApplicationPage 1 of 4 04/14 Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID(s) Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification Application Tracking Information (Staff Only) Case Number Date/Time received:Received by: NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for SPECIAL USE PERMIT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to Special Use Permits: •Section 70: Objectives and Purposes of Special Use Permits •Section 71: General Requirements of Special Use Permits •Section 72: Additional Restrictions Imposed on Certain Special Uses •Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. CindeeWolfInvistaS.A.R.L. 230 SuttonLakeRoad DesignSolutionsc/oS.T.WootenCorporation p/o 320004.72.0523 P.O.Box7221P.O.Box2408 80.4ac.+/- Wilmington,NC28406Wilson,NC27894 I-2/Vacant 910-620-2374 252-206-8912/BrianGurganusSandMiningExpansion cwolf@lobodemar.bizbrian@stwcorp.com NaturalHeritageResource PrintForm Page 2 of 4 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20)working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single-family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20)working days before the Commissioners meeting.For High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Initial Staff Initial Narrative of Proposed Use Traffic Impact Worksheet Traffic Impact Analysis (if applicable) Site Plan (8-24x36copies for Planning Board; 8-24x36 copies for Commissioners) x Tract boundaries and total area, location of adjoining parcels and roads x Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided 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. x Development schedule including proposed phasing. x 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. x All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage x The one hundred (100) year floodplain line, if applicable x Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance x Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. x Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Authority for Appointment of Agent Form (if applicable) Fee -$500; $250 if application pertains to a residential use (i.e. mobile home, duplex family child care home) CW CW N/A CW CW CW Page 3 of 4 04/14 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisﬁes these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 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.” 2.The Board must ﬁnd “that the use meets all required conditions and speciﬁcations” of the Zoning Ordinance. 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.” 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.” TheprojectislocatedoutintheU.S.Hwy.421industrialcorridoroftheCounty,withaccesstoaStatehighwaywithmorethat adequatecapacitytohandlethetrucktraffic.Itisinanexcellentlocationforaccessibilitytothemarketsitcouldserve.The amountoftripgenerationislow,andspreadoutthroughtheday.Theproposalisforexpansionofanexistingminingfacility, buttheexpansionoftheoperationswillstillrequirepermittingbyavarietyofagenciespriortotheonsetofimprovementsand thebeginningofuse.Theseinclude,butarenotlimitedto,erosioncontrol,stormwatermanagement,miningandairquality permits. ThesiteplanhasbeencreatedinaccordancewithalloftherequirementsandregulationsoftheZoningOrdinanceandwillgo throughmoredetailedreviewandapprovalduringthezoningcompliancepermitting.Setbacksandcirculationneedshave beenconsidered.Thesupplementalrequirementsfortheproposed"highintensityminingoperations"usehavealsobeen incorporated,asnecessary,intotheproposal. Reportshavebeenprovidedbyenvironmentalexpertstoassurethattherewillbenoadverseimpacts. Thesurroundingpropertyusesareindustrialinnature,andthereisexistingminingactivityinthevicinity.Therehasbeenno evidenceofdiminishedpropertyvaluesinthepastyearsduetothoseuses. TheI-2/HeavyIndustrialdistrictisestablishedforthefull-rangeofusesassociatedwithhighwaytransportationand/ortheneed forseparationfromresidentialuses.TheclosestresidentialdistrictisacrossandtotheEastoftheCapeFearRiver.Policiesfor growthandeconomicdevelopmentencouragecontinuedeffortstoattractandretainbusinesses.Theexpectedlargeinfluxof residencesinthefutureyearscontinuestodrivehomebuildingandservicesprovisiondevelopmentneeds.Theimprovements thatwillberequiredincludeamultitudeofneedsforthematerialsbeingmined.TheI-2districtwasassignedtothisvicinityof theCountybecauseofpre-existingindustryinthislocation,thelargeopenacreageandthelackofresidentialuses. 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. The digging will be by a “wet mining” procedure, with no dewatering of the groundwater. This process requires less than six (6) employees working within the project boundaries at any time. 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. 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. Final Completion When the borrow pits are fully mined, which based on the available volume will be many years in the future, what’s left behind is basically a man-made pond. The water level in the pond will be the elevation of the water table, which obviously varies seasonally. In this location, the average freeboard around the perimeter of the pond would be approximately 3-4 feet with 3:1 side slopes down to the water surface. The maximum pond depth will be approximately 50 feet. The area will remain fenced for security as long as it is private property, but could ultimately provide a recreation opportunity. 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