The mining and dredging of sand from dry land, creeks, and rivers for purposes other than public safety, navigation, and water quality performed by or for a local, state, or federal governmental agency shall meet the following additional requirements.
(A) Operations affected by regulations. Mining and dredging of sand shall not include drag-line dredging. Permissible dredging shall only include vacuum or suction-type dredging. Dredging performed by a property owner for the purpose of property maintenance shall not be required to meet these development standards when the total area of the land disturbance is one acre or less. This shall not include a contract or lease for commercial dredging purposes by a third party on behalf of a property owner.
(B) Access. All mining and dredging operations shall obtain a driveway permit, if needed, from the State Department of Transportation prior to any activity. All such operations shall have direct access to a public street by means of a dedicated driveway. Public streets providing access to the site shall be adequate, as determined by the State Department of Transportation, to safely support the vehicle traffic which will be generated by the operation.
(C) Cessation of activity and remediation. Whenever the mining and/or dredging operation is completed, ceases activity for more than three years, or is ordered to be permanently discontinued by any county, state, or federal agency, all equipment and material associated with the activity shall be removed from the property, and the land-based portion of the operation shall be returned to a state consistent with the condition of the property which existed prior to the commencement of mining and dredging. Failure to comply with this section within the time stated in the reclamation plan shall subject the operator and the property owner to any and all remedies permitted under this chapter. In addition, failure to comply may also constitute a public health nuisance and as such may be remedied by the county pursuant to G.S. § 153A-140.
(D) Conformance with other laws. Prior to commencement of activity, the operator shall submit copies of all state and federal permits required for legally conducting the activity and shall submit copies of amended permits if approved.
(E) Equipment and land maintenance. All site-based equipment used in the operation, which is visible from the river, an adjacent property, or a public road, shall be maintained in a workmanlike manner free of significant rust or other conditions which would make the equipment appear to be derelict. No equipment not regularly and routinely used as part of the operation shall be stored or otherwise kept on the site. Only routine or emergency maintenance of site-based non-vehicular equipment associated with the mining and dredging operation shall be permitted on the site. No oil, gasoline, or other hazardous or toxic substance shall be permitted to drain onto the land and, if accidentally spilled, shall be completely remedied. All land associated with the operation shall be maintained free of litter and any other condition which constitutes a public health nuisance.
(F) Flooding. Whenever a mining and dredging operation would in the course of its operation create an off-site flooding hazard, the operator, before commencing any such activity, and at such other times during the mining and dredging operation as may be necessary, shall take whatever necessary and legal action is required to afford the same protection as if no mining and dredging operation existed. No mining and dredging operation shall impede the flow of any watercourse.
(G) Hazardous material. If, at any time during the mining and dredging operation, any governmental agency discovers or suspects that a hazardous material exists within the river system that may be or has been extracted along with the material being mined and dredged, the mining and dredging operation shall cease. No activity shall recommence until such time as the Planning Director or Zoning Enforcement Officer is satisfied that there is no threat to the public.
(H) Hours of operation. Any part of the mining and dredging operation that generates noise, dust, or odor, including the transport of material, shall be limited to operating between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday and may not operate at all on Saturdays and Sundays.
(I) Operational plan. The petitioner shall submit the following information with the application for special use permit:
(1) The name, address, and telephone number of the operator and the name, address, and telephone number of a contact person;
(2) The nature of the operation and its purpose;
(3) The approximate date to begin the operation and its expected duration;
(4) The estimated type and volume of extraction material;
(5) A description of the method of operation, including the disposition of spoil and byproducts;
(6) The amount, location, and description of the equipment to be used in the extraction process (photos if possible);
(7) The type and number of trucks and/or other equipment proposed to be used to remove material from the site and the maximum number of trips per day of such vehicles;
(8) Any phasing of the operation and the relationship of the various phases;
(9) A reclamation plan stating when reclamation will commence, what type of reclamation will be made and how, and how long reclamation will take to complete (a maximum 90-day reclamation period will be permitted); and
(10) An acknowledgment of responsibility and a statement of action for ensuring that all requirements of this section will be met prior to and throughout the duration of any activity.
(J) Sedimentation control. No mining and dredging equipment shall cause erosion of the stream bank. No material generated as part of the mining and dredging operation shall be carried by wind or water to any adjacent property, public road, public right-of-way, or public easement. In addition, all public roads shall remain free of spillage or material blown off of vehicles or tracked by vehicles onto roads from the site. All sites shall have either a sedimentation and erosion control plan approved by the State Division of Land Quality or a sealed statement from an engineer registered in this state that such a plan is not required by state law for any and all phases of the operation.
(K) Setbacks. Setbacks are required from adjacent lots and occupied dwellings not owned by the land owner where the mining and dredging operation is located. No part of the land-based portion of any mining and dredging operation, as shown on the site plan, shall be within 200 feet of an adjacent lot or within 500 feet of an occupied dwelling unless the owner of the adjoining lot or occupied dwelling grants an easement for the purpose of mining and dredging, regardless of whether such lot or dwelling is immediately adjacent to the lot on which the mining and dredging operation is located. No part of any driveway or access road used for the transport of material or equipment to or from the site may be located within 50 feet of an adjacent lot or 200 feet from an occupied dwelling unless either a densely planted evergreen buffer is installed, a plan for dust control from the access road and from transport vehicles is approved by the Board of Adjustment, or an easement is granted from the adjoining property owner to reduce the setback. Whenever two or more adjoining lots are held in single ownership, such lots may be considered as one lot for the purposes of meeting the setback requirements. If the lot on which the mining and dredging operation is located is reduced in size so that the dimensional requirements cannot be met, the mining and dredging operation shall cease until the setbacks are met.
(L) Required buffers. The land-based portion of a mining and dredging operation shall not cut or remove any existing trees closer than 50 feet from the top of the stream bank, except that an access path to the stream no wider than 25 feet may be cleared and stabilized to prevent erosion. No part of the land-based portion of a mining and dredging operation shall be located closer than 50 feet from the top of the stream bank. Any trees cut or cleared as part of the mining and dredging operation shall be planted with similar native trees within 90 days of the operation ceasing activity. Replanting shall be coordinated with the County Soil and Water Conservation District regarding type and quantity of plant material to achieve a condition as near to that which existed prior to the clearing of any trees.
(M) Dust control. Acceptable means of dust control may include a combination of watering the access road, completely covering the cargo area of the hauling vehicle with a tarp or other fabric cover, or other such measures deemed necessary by the Board of Adjustment to prevent a nuisance to adjacent properties.
(N) Site plan required. A site plan drawn to scale shall accompany any application for a special use permit and shall include the following:
(1) The entire location of the land-based portion of the operation;
(2) The total water-based portion of the operation;
(3) The location and width of all roads and driveways serving the site;
(4) The proposed location of all equipment and materials storage areas;
(5) The location of any structures and other uses on the site;
(6) Calculations showing compliance with all size and dimensional requirements;
(7) Location of all required buffers, if any;
(8) Dust control measures proposed; and
(9) Any other information required by this section and any other information deemed necessary by the Planning Director or the Board of Adjustment to demonstrate compliance with the provisions of this section.
(O) Size. The land-based portion of any mining and dredging operation shall be located on a lot at least ten acres in size if the operation is less than one acre in total land area, or on a lot at least 20 acres in size if the operation is one acre or more in total land area. The land-based portion of any mining and dredging operation shall not occupy more than 50% of the total lot area on which it is located, including all storage, processing, parking, and transportation facilities, but not including driveways and/or access roads leading to the site from the public street. Whenever two or more adjoining lots are held in single ownership, these lots may be considered as one lot for the purposes of meeting the minimum lot size requirements of this division (O). If at any time the lot on which the operation is located is reduced to less than the required minimum lot size, the mining and dredging operation shall cease until the minimum lot size is met.
(P) Term. The special use permit may be granted for a term of up to ten years from the date of approval of the permit. Upon expiration of the permit, application for a new permit may be submitted and shall contain all required information to demonstrate compliance. The Board of Adjustment, in their review, may consider existing conditions of the site, changes in development patterns of the surrounding areas, or other issues related to the granting of the permit.
(1996 Code, § 155.034) (Ord. passed 2-16-2004; Ord. passed 7-14-2014) Penalty, see § 155.999