Attorney Tom Terrell speaks on behalf of Three Oaks Quarry at a public hearing regarding a possible rezoning to allow for a quarry in Hamptonville.
There were hugs, handshakes, cheers and tears of happiness from Hamptonville residents on Tuesday night following a vote from the Yadkin County Board of Commissioners to deny a rezoning request that would have allowed for a rock quarry 1500 feet behind West Yadkin Elementary School.
“It’s just unbelievable. I cannot believe how well the commissioners supported us. It was not necessary here,” said Danny Steelman. Steelman was part of an organized group of neighbors who opposed the mine project from the start.
Real Estate Developer Jack Mitchell set off something of a firestorm in the community when he began test drilling on a nearly 500-acre property near 3641 Hwy US 21 last year. Neighbors immediately became concerned that the site could be used for fracking or a lithium mine. NC Policy Watch environmental reporter Lisa Sorg broke the story in December of 2021. At that time Mitchell told NC Policy Watch that his company Synergy Materials was doing “due diligence” to determine the best use of the property. As Mitchell had previously been involved with companies specializing in ‘frac sand’, there was great concern from neighboring property owners.
In March of this year, Mitchell announced in a letter to neighbors that the plan was for the site to become an aggregate quarry operated as Three Oaks Quarry. Community residents remained staunchly against the proposal, voicing concerns over property values, possible damage to wells and groundwater supply and the close proximity of the site to West Yadkin Elementary School.
Three Oaks Quarry held a community information session and presented multiple documents to the Yadkin County Planning Board detailing the many mitigation efforts that would be put in place to eliminate or minimize effects of the mining operation on the area. Even a suggested condition of an annual contribution to the school did little to dissuade residents from their position.
Tuesday’s meeting was a continuation of a public hearing on the matter that began at the Aug. 15 Yadkin County Board Meeting. The Yadkin Planning Board voted 3-2 in June to recommend approval of the rezoning request from Rural Agriculture to Manufacturing Industrial I. The matter then went before the county board where both sides were given 30 minutes each to speak. Attorneys for each side both indicated to the commissioners that it was their duty to vote on the matter based on the county’s land use plan. Tom Terrell, attorney for Three Oaks Quarry, noted that the county’s land use plan does indicate that quarries go in rural agriculture areas and also argued that the property in question abuts an area designated for economic expansion. Craig D. Justus, attorney representing Hamptonville residents, argued that despite the fact the land use plan states that quarries can go in rural areas that doesn’t mean that is always the appropriate place.
Justus also argued that the rezoning request was improper due to the fact that the proposed access road to the site was not part of the rezoning request and should be, however it would not meet set back requirements from homes near the road. A possible error in the documents approved by the planning board listing the acreage to be rezoned as 160 rather than 265 acres was also discussed at some length.
Bob Hagemann, an attorney for the county, informed the board that both of those issues could potentially be cause for litigation by either party depending on which way the vote went but said he did not think the board should put great weight on those matters when considering its decision. He reiterated that the land use plan was the main item that should guide the decision.
Commissioner David Moxley wasted no time in making a motion when the time came. Moxley’s motion was to adopt a statement of consistency and reasonableness finding that the rezoning request was not consistent with the adopted 2011 Land Use Plan.
Among the reasons noted in the motion was that the “adjacent land uses are predominately single family residence and agriculture operations with low development intensity.”
“The proposed mine is not low intensity and not in character with surrounding land uses,” said Moxley.
The motion also stated that there was “insufficient information available indicating the proposed operation would minimize potential impacts.”
The motion was seconded by Commissioner Frank Zachary and was approved 4-0. Commissioner Gilbert Hemric was recused from the vote due to a conflict of interest.
Kitsey Burns Harrison may be reached at 336-258-4035 or follow her on Twitter and Instagram @news_shewrote.
