BURGAW - "Not being notified, this is a major problem," is how Chris Millis, a hired civil engineer for a sand mine pit at the end of Hoover Road, reacted when it was revealed the Pender County commissioners would have to deny his client’s special use permit because the area in question was in a conservation area.
Millis was at the board of commissioners meeting Monday night representing Frank Morton who was attempting to get the permit to mine sand from the property of Grayling Shingleton.
County Planning Director Kyle Breuer informed the board the area was listed as conservation and the use being requested was inconsistent with the county’s land use plan.
Commissioner David Williams immediately questioned how the board could give a special use permit given the circumstances.
"If this is in a conservation district a mine permit would be a contradiction so how can we approve this?" he asked.
Board attorney Trey Thurman agreed, saying if the board felt it was inconsistent with the land use plan it could not issue the permit.
Breuer said the applicant could attempt to amend the land use plan.
Thurman once again agreed, saying changing the land use plan for one area of the county would be difficult and time consuming.
"You would have to change what a conservation district is or change the area from a conservation district," Thurman told the board.
The story of that mining operation did not begin on Monday but rather last February when Williams received numerous complaints from residents along Hoover Road about dump trucks filled with dirt constantly running up and down the road.
The county investigated and discovered a mining operation was operating on Shingleton’s property with no county permits. A state permit was applied for and granted but it was later revoked due lack of a county permit.
After learning the property was in a conservation district, Millis told the board it was a major surprise.
"In June we met with the TRC (Technical Review Committee) and this was never raised," he said. "We would not have spent thousands of dollars had we known this."
When questioned by the board why Morton and Millis were not notified, Breuer said at the time of the TRC meeting the status was not known but it was later put in the staff report but they did not request a copy.
Clearly dejected, Morton told the board that when the mine is complete it would be a pond, which could be used to help fight fires such as the one in the Holly Shelter Game Land and that should help with the conservation problem.
Considering the late hour and that people were still in attendance for the issue, the board opted to let them speak.
Jerry Shingleton, a relative of Grayland’s who lives on Hoover Road, said he was unaware of the conservation district but he opposed the permit because of the traffic.
Jim Hicks from Castle Bay also voiced his objections saying when the mine was operating without the county permit there were 100 trucks a day going up and down the road running between 60 and 65 mph.
"You try to stop a fully loaded dump truck with a kid in the road, you can’t," he said.
Terri Shingleton told the board the complaints from Castle Bay were unfounded and it took many truckloads of dirt to build that development and that some of the trucks on the road were from Jerry Shingleton, who was building a pond.
"How many mining operations are going on down there?" asked Brown.
Breuer said his office has received numerous calls and investigated but only found two mining operations.
Jerry Shingleton said he was building a pond but it was less than one acre and he received approval from the state.
"I’m not selling my dirt," he said. "My one acre pond is legal."
He added that there are only about 10 loads a week being hauled from his property.
After hearing from everyone the board voted to deny the request.
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