Hamptonville residents sit in shock after a 3-2 vote in favor of a rezoning application that would allow for an aggregate mine to be constructed near West Yadkin Elementary School.
Hamptonville residents left Monday night’s Yadkin County Planning Board meeting in disappointment following a 3-2 vote in favor of a rezoning request that would allow for an aggregate mine near West Yadkin Elementary School. Monday’s meeting was the third in which the board heard information from representatives of the mining company in favor of the application as well as comments from community residents opposed to the project.
The parcel of land in question is located near 3641 Hwy US 21 in Hamptonville and is currently zoned as Rural Agriculture. Three Oaks Quarry, owned by real estate developer Jack Mitchell, requested the 322 acre parcel be rezoned to Manufacturing Industrial (MI-1).
Three Oaks Quarry has submitted lengthy documentation to the county planning board regarding its procedures and mitigation efforts that would be in place to minimize impact on the area and neighboring properties. Neighboring property owners and residents have spoken at planning board meetings and county board meetings voicing their strenuous objections to having a mine “in the heart of the Hamptonville community.”
Following Monday’s recommendation from the planning board to approve the rezoning, the matter will now move to a public hearing before the Yadkin County Board of Commissioners, most likely to be scheduled for its next meeting on July 18 at 7 p.m.
Having heard from both sides at two previous meetings, the planning board on Monday asked that speakers for and against the rezoning request only present new information. Planning board members also received a large notebook from Three Oaks Quarry meant to address questions from the previous meeting regarding water usage, economic impact on surrounding properties and safety data on other mines operated by the company.
In his opening comments to the board, attorney Tom Terrell who represents Three Oaks Quarry, noted the efforts being made by the company to address concerns from residents and the board.
“As you have asked for more conditions to mitigate, this company is stepping up and in every respect that they can work with you, they are working with you so that any concerns are mitigated,” Terrell said.
Terrell also addressed the issue of licensure for engineers and geologists working on the project, preempting comments from attorney Daniel Johnson who represents community members opposed to the mine.
“This issue of licensure has come up, it is a red herring,” said Terrell.
In his comments, Johnson argued that members of consulting agencies working on behalf of Three Oaks Quarry were not licensed in the state of North Carolina for geological studies or to perform engineering work.
“There are, despite Mr. Terrell’s statements to the contrary, some serious problems with the licensing of the companies that have been submitting information to you,” Johnson said.
“You don’t have to be a licensed engineer to talk to a county about a zoning application, that is a made up rule that somebody is showing to you,” Terrell stated. “However, this study is being done by Mr. Brent Johnson, he has been involved with this. Mr. Johnson is a licensed North Carolina professional geologist. He is the one designing, he is the one who is interpreting, he is the one who is overseeing all the hydrogeological studies.”
Johnson went on to say that there are “open investigations by both the licensing board for engineering and also the licensing board for geologists” in regard to documentation submitted to the county by agencies representing Three Oaks Quarry.
In his comments Johnson also reiterated the continued opposition from community residents.
“You can see again you have a packed meeting room, and community opposition to this application is uniform. The only folks who are here to speak in favor of the mining operation are the owners of the company and various experts who aren’t from this area,” he said.
Following additional comments from both groups and discussion from the board, the time for the motion to proceed to a vote came at last. After about a twenty second pause, Planning Board Member Teresa Swain made a motion to approve the rezoning application.
There was an immediate vocal response from Hamptonville residents with multiple gasps of, “Oh, no!” which resulted in a swift clack of the gavel by Chairman Dean Swaim.
“I ask you to respect the deliberations of this board,” he said.
The motion was then seconded by Planning Board Member Resha Peregrino-Brimah.
Before moving to a vote by the board, Planning Board Member Steve Brown noted a section of the county’s land use plan for the rural agriculture district which is meant “to protect rural areas from the intrusion of non-agricultural land uses that could create a nuisance and detract from the quality of life.”
“I think we ought to consider that,” Brown said.
“I think the plan is great, really. If you’re going to have a quarry that’s the way I’d want it,” he said. “But there some things I can’t reconcile with the future land use plan.”
The final vote by the board was 3-2 with members Jerry Hutchens, Resha Peregrino-Brimah and Teresa Swain in favor of rezoning and Dean Swaim and Steve Brown against.
Kitsey Burns Harrison may be reached at 336-258-4035 or follow her on Twitter and Instagram @news_shewrote.
