June 1, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 403 Meeting of the Johnston County Board of Commissioners June 1 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 1 , 2020 at 6 00 pm in the Second Floor Meeting Room of the Public Library of Johnston County and Smithfield located at 305 E Market Street in Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and County Attorney Jennifer J Slusser Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – May 22 and 29 , 2020 ; The Johnstonian News and The News in Review – May 20 and 27 , 2020 Certified letters were mailed to adjoining property owners on May 18 , 2020 Notices were posted at the locations on October 30 , 2019 for Case 03 - 46 MOD and January 30 , 2020 for Case 20 - 01 The Chairman opened the Special Use Hearing for Case 03 - 46 MOD Case 03 - 46 MOD Petition to modify the current special use located at Camelia Road and Raleigh Road in the Elevation Township that is currently zoned Industrial 2 – Special Use District I - 2 SUD Tax ID 07G09061C , 07G09061 , 07G99010I , 07E07199C , 07F09025A , & 07F09026 Owner MG & Betty Johnson , Teresa Blackmon , & Martin Marietta Materials , Inc Applicant Martin Marietta Materials , Inc Special Use Request To remove condition 4 “ Operation hours for excavation and transporting materials Monday - Saturday , dawn to dusk ” from the special use conditions Those wishing to speak on Special Use Case 03 - 46 MOD were sworn in by the Clerk to the Board as they appeared to speak Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit for property located at Camelia Road and Raleigh Road in the Elevation Township currently zoned Industrial 2 – Special Use District Mr Newton stated the modification requested is to remove condition # 4 from the special use conditions which states “ Operation hours for excavation and transporting materials Monday - Saturday , dawn to dusk ” Mr Newton noted that the Board originally heard the case in January ; however , a decision was tabled at that time Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 03 - 46 on September 10 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Page404 June 1 , 2020 – 6 00 pm Continued ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 19 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 03 - 46 and made the following recommendations Upon a motion by Ms Hackler to approve Case 03 - 46 MOD as requested , seconded by Mr Smith , Case 03 - 46 MOD was approved as requested by a unanimous vote of 7 - 0 at the November 19 , 2019 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant Many paving projects now require night work by contractors to minimize inconvenience to the public Those projects require base for the roadbed and specialized stone for the asphalt and concrete , the ingredients of both of which are predominantly stone These materials must be supplied on the same schedule as is being worked by the contractor Extended quarry hours may shorten the time the public is exposed to the hazards of a particular project by reducing both the project duration and the number of fully loaded trucks on the road during the day 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Benson Quarry currently operates in compliance with the approved Johnston County Special Use Permit This modification would only alter the quarry’s hours of operations The facility operates in compliance with a mining permit issued by the North Carolina Department of Environmental Quality NCDEQ Division of Energy , Mineral and Land Resources DEMLR , a discharge permit issued by NCDEQ DEMLR , and an air permit issued by NCDEQ Division of Air Quality DAQ 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant State and local governments now specify that many projects be done at night Stone is a necessity for those projects , whether as base or as the primary ingredient in both concrete and asphalt These projects cannot proceed without it Preventing a supplier like Benson Quarry from bidding for these projects will increase their costs and ultimately extend the duration of the project Existing berms and buffers provide both visual and noise barriers from contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The use and development were approved in 2003 and modified in 2015 Martin Marietta requests modification of the special use permit to remove condition 4 “ Operation hours for excavation and transporting materials ; Monday - Saturday , dawn to dusk ” Current construction practices require stone to be shipped at night to fulfill the demands of major projects , which often include nighttime construction Specific Land Uses APPLICANT No change in land use being requested Original Special Use Conditions - 2003 1 Requirements established by Land Development Code Johnston County Code of Ordinances CD14 66 re Mining operations d Extraction of earth products , mining operations Note The removal of top soil , and other surface grading activities are exempted from this section 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater Page405 June 1 , 2020 – 6 00 pm Continued h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The methods of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity – steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minute Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dustfree material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material’s natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit Page406 June 1 , 2020 – 6 00 pm Continued j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Special Use Modification Case 03 - 46 – 2015 Special Use Modification Petition Petition to modify the Special Use Permit on a portion of two tracts totaling 182 acres zoned Industrial - 2 Special Use District I2 - SUD located along Camelia Rd in the Elevation Township The modification is to allow a temporary construction access on Camelia Rd and a modification to their proposed site plan Tax ID 07G09061C and 07G09061 Owner MG Johnson and Betty Jo J Peterson Applicant Martin Marietta Materials , Inc Special Use Conditions 1 Permitted Uses Mining Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Prior to any blasting on the new property , and subject to the property owners ’ permission , a pre - blast survey will be performed by an independent consultant , at Martin Marietta’s expense , on all non - company owned , occupied structures existing as of the date of the permit , within 1000 feet of the proposed blasting activities on the property , with a copy of the result provided to each property owner A record of the seismograph reading of each blast event will be kept for a minimum of five years at the quarry office and may be inspected by the County Manager or his designee No explosives will be stored on the property and will be brought onto the site the day of the blast 9 Martin Marietta will provide a property value guarantee to neighboring property owners within 1,000 feet of the perimeter of the property on their homes and the land on which the home is situated This would not include vacant , unimproved land 10 Within at least 1 year of anticipated relocation , applicant will submit to the Board an operation plan , as per ordinance subsection 2 , and will notify neighbors of the same 11 Special attention to buffer standards , per 5 g of Code of Ordinances CD 14 66 12 The County’s 24 - month window , according to Special Use Permit , would be waived to the extent necessary in this instance Not to exceed 5 years 13 No entrance to the mining operation on Camelia Road 14 A temporary construction entrance along Camelia Road This entrance can only be used for twelve months after Planning Staff has been notified of operation by Martin Marietta 15 Access on Camelia Road entrance will be limited to Monday - Friday from dawn to dusk 16 The temporary construction entrance will be accessed a maximum of one day a week , for maintenance only , after the twelve month expiration 17 NCDOT driveway permit will be required for access 18 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads PagePage pageNumber5407 June 1 , 2020 – 6 00 pm Continued f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if thePagePage pageNumber6408 June 1 , 2020 – 6 00 pm Continued cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Mr Newton stated the Board tabled the case in January to allow time for the applicant to gather additional information and work with the residents in the community Attorney Lew Starling with Daughtry , Woodard , Lawrence , and Starling , representing Applicant Martin Marietta Materials , Inc , stated Phillip Presley , Paxton Badham , and Brian North from Martin Marietta would be answering specific questions for the modification request Mr Starling stated Martin Marietta is requesting the modification because of requirements they are facing from their customers He noted that on November 4 , 2019 , their competitor , Hanson Aggregates , came before the Board and received approval to operate twenty - four hours a day ; therefore , Martin Marietta decided to make an application for the same Mr Starling stated Martin Marietta does not have a direct contract with the North Carolina Department of Transportation NCDOT ; however , their contract is with ST Wooten who contracts with the NCDOT , which requires them to operate twenty - four hours a day , seven days a week for the Interstate 40 and Interstate 95 construction projects Mr Starling continued that when Martin Marietta appeared before the Board in January the Commissioners wanted more information and asked for them to meet with the citizens in the community Mr Starling reported they held a meeting with the residents with approximately 25 – 30 people in attendance and heard their concerns Mr Starling reported the citizens had many questions , which they listened to and took back to Martin Marietta to study further and determine how to improve the situation Mr Starling stated Martin Marietta is a good corporate citizen that has been in the area for many years He stated Martin Marietta does not want to be in this position ; however , it is the nature of the construction industry Paxton Badham , speaking on behalf of Martin Marietta , introduced Brian North as the Director of Environmental Services for the Martin Marietta Mid - Atlantic Division and Phillip Presley as the Senior Environmental Engineer for the Martin Marietta Eastern North Carolina Region Mr Badham provided the Board with a background on the company’s history and location at the subject site He stated they supply core aggregates for all types of construction jobs and have approximately 300 quarries with 8,800 employees overall Mr Badham noted the location of the Benson quarry on an aerial photograph for the Board and pointed out surrounding operations including the ST Wooten asphalt plant , the Barnhill plant , and the Fred Smith plant Mr Badham stated the Benson quarry opened in 1995 and today they have 31 employees and in a normal year transport approximately 1,000,000 tons of stone from this site Mr Badham stated each of their plants are required to maintain a record of complaints from local citizens He noted that in the last five years , the Benson quarry has only received one call and it was not a complaint , but rather a citizen letting them know that they felt and heard a blast Mr Badham explained that the NCDOT has mandated some of the highway construction jobs to be completed during nighttime hours ; therefore , contractors such as ST Wooten , must bid these projects with the ability to work during those hours He stated this requires suppliers , like Martin Marietta , to have their materials available for delivery at night Mr Badham stated while they would prefer not to ship at night , the NCDOT has determined that these types of transportation construction jobs are safer at night because there is less traffic and it is better for the overall general public Mr Badham stated they are requesting the Board to consider removing special condition # 4 from their permit to allow for transporting materials at night He stated they currently have the ability to operate at night under the special use permit , but not excavate and transport between dusk and dawn Mr Badham stated they would at least like to have “ transporting ” removed from the conditions to allow for transporting during nighttime hours He stated they would be agreeable to adding a condition restricting blasting from dusk to dawn Mr Badham stated at the neighborhood meeting , there were a number of concerns from residents regarding noise He explained that while noise does not specifically pertain to this request , they have a decibel limit in their plant operation permit of 58 decibels at the property line He stated they want to be good neighbors and noted that shortly after the neighborhood meeting , because of current conditions , they have not needed to operate at night Mr Badham stated they have used this time to analyze the noise situation , make some improvements , and are planning for others Mr Badham stated they are confident that they meet the decibel limit and are willing to cooperate with any valid test or measurement and or conduct a test of their own in the presence of the neighbors Mr Badham stated he thinks that there has been some confusion by the neighbors as to what they are currently allowed to do versus their request He clarified that they are already allowed to operate the plant twenty - four hours a day , seven days a week and they are now requesting to be able to send out loads during the nighttime hours PagePage pageNumber7409 June 1 , 2020 – 6 00 pm Continued Upon a question from Commissioner Larry Wood , Mr Badham stated there are two types of material utilized in the Interstate 95 construction job , one being asphalt stone or “ clean stone ” which is transported out of their site approximately a quarter of a mile down to the ST Wooten plant He noted ST Wooten will also purchase base material from them which will be transported down Woodall Dairy Road to Interstate 40 , then to Interstate 95 and from there on to the job site Mr Badham stated for the Interstate 95 job , they would mostly sell to ST Wooten ; however , because Hanson Aggregates received permission to ship to any customer at night , they would also like to have the right to ship to any customer at night Mr Badham stated in an effort to try to address some of the neighborhood concerns , they have developed a list of mitigation steps He stated in response to concerns regarding trucks not driving properly on the roadway , they plan to contact the NCDOT to make the case for the citizens about road conditions , parking on the site of the road , and safer speed limits Mr Badham continued that some citizens expressed concerns that they are not transparent ; therefore , Martin Marietta agrees to hold an annual neighbor day at the plant to discuss their business and answer questions He stated they would also agree not to ship stone at night unless a customer specifically requests to transport it at night Mr Badham also reported they are now underway with a capital project to install new plant components to significantly increase their plant production from 550 tons per hour to 950 tons per hour which will allow them to produce more material during the daytime hours Mr Badham finally noted they have looked at ways to make the noise less for the neighbors and have installed sound barriers strategically around the plant as well as screen improvements Mr Badham stated Martin Marietta feels their request is reasonable and is important to them Chairman Ted G Godwin stated in cases where the NCDOT needs the product at night , could Martin Marietta go ahead and prepare the shipments ahead of time during the day so the majority of the work is done during daytime hours Mr Badham stated the capital project currently underway would allow them to produce much more stone during the daytime hours and minimize operations at night At the inquiry of Commissioner Chad M Stewart , Planning Director Braston Newton reviewed the terms of the modification from 2015 with the Board Upon a question by Commissioner Tony Braswell , Mr Badham confirmed that this has not been a normal year due to the COVID - 19 Pandemic and their business has declined somewhat Commissioner Stewart commented that he could understand Martin Marietta’s issue with fairness and their competitor ; however , he sees this as two different locations and two different situations Commissioner Stewart noted with the Hanson Aggregates case , they had the support of the Mayor and citizens Commissioner Wood asked if the need to ship at night is based solely on the Interstate 95 and Interstate 40 construction jobs Mr Badham responded that there is no question , the request is based on the Interstate 95 construction job ; however , there are three more construction legs coming in the future and he is unsure what the NCDOT may have beyond that At the inquiry of Commissioner Butch Lawter , Mr Badham stated to date , he is not aware of any past construction contracts that required them to ship at night and this is a fairly new requirement for them Mr Badham stated projects for Interstate 95 would be ongoing for a long time Commissioner Stewart asked about other Martin Marietta locations and if they are permitted to haul at night Mr Badham stated some of their other operations are permitted to ship at night , but the cost to ship materials from those sites would be much more because of the distance Commissioner Wood asked about restrictions at the Garner quarry Phillip Presley responded that the Garner quarry does not have any restrictions on transporting materials Don Earnest , 9820 US 301 South , Four Oaks , stated his property is approximately 900 feet from the Martin Marietta Benson quarry Mr Earnest stated he is the most affected by noise and he appreciates any efforts made for the health and safety of the residents Mr Earnest spoke on the noise levels at his home andPagePage pageNumber8410 June 1 , 2020 – 6 00 pm Continued stated they have been exceeding 58 decibels for over two years at night Mr Earnest stated he did not complain before because operations did not go past his bedtime and he knows that they have to work Mr Earnest stated he would like to have some kind of compromise for operations to shut down at 11 00 pm Mr Earnest reported he recently registered complaints with the Environmental Protection Agency and the Sheriff’s Office He noted that the conditions in the special use permit state “ annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit ” Mr Earnest questioned who is performing those annual inspections and who is looking after the interests of the surrounding neighbors Mr Earnest asked for some kind of compromise so they can sleep at night At the inquiry of Commissioner Stewart , Mr Earnest stated no one from Martin Marietta has personally spoken to him Mr Earnest stated he has lived in the area since 1975 and he would prefer operations not to go past 11 00 pm Mr Earnest stated he would also like to know who to call when he feels there is a violation that should be investigated Commissioner Patrick E Harris asked if the capital improvements project by Martin Marietta would affect noise levels or is it just to increase production Chairman Godwin commented that it sounds as if the capital improvements project is to increase production during the day Chairman Godwin asked about the annual inspections and if the annual operations reports are routinely submitted Mr Newton stated staff could not find any records on file regarding the annual inspections for either Martin Marietta or the Hanson Aggregates operation Chairman Godwin reminded everyone that most of the things Mr Earnest expressed concerns over do not pertain to the specific request by Martin Marietta , which is to haul material out of the site after dusk Chairman Godwin stated the Board could follow up with staff on the inspections reports separately to make sure the noise levels are within the required limits going forward Jessica Weaver , 13592 Raleigh Road , Benson , stated because of the COVID - 19 Pandemic , she has been working from home , which has allowed her to be aware of the blasting at the quarry Ms Weaver stated while she cannot hear the blasts as an explosion , they rattle her windows and can be felt Ms Weaver spoke on the traffic in the area , especially on Raleigh Road , and stated she has concerns with safety and increased truckloads coming out of the plant day and night Ms Weaver submitted pictures to the Board showing some of the area roadway conditions Ms Weaver also expressed concerns with particle matter coming from the subject site and how it affects the long - term health of the residents She asked who is responsible for monitoring the air quality in the area Ms Weaver reviewed with the Board the existing conditions of Martin Marietta’s special use permit and stated she believes they are currently in violation of those conditions Ms Weaver stated she understands that the quarry needs to work ; however , she asked the Board to consider the surrounding residents and if Martin Marietta is adding anything to the County or if they are hurting the residents She asked the Board to restrict the plant from operating at night and help keep the area residential At the inquiry of Commissioner Jeffrey P Carver , Ms Weaver stated the quarry was already there when they built their home and she understands that she built her house knowing about the blasting ; however , she is asking the Board to require inspections at the plant and make sure they are operating within their special use permit William Weaver , 13592 Raleigh Road , Benson , stated he has resided in the area for over 30 years and he can remember when Martin Marietta first came to the area and how the residents were disheartened and saddened He stated the residents have had improvise and deal with many obstacles throughout the years because of the quarry Mr Weaver stated he is not opposed to progress , but he feels the permit modification will forever change the surrounding area Mr Weaver stated he did not learn of the neighborhood meeting until the day of and only heard about it through their neighbors , but they were able to attend He noted the legal team of Martin Marietta was brought in for that meeting to only hear the residents ’ concerns and not for a compromise Mr Weaver expressed concerns that the residents brought up many concerns but have received no compromise Mr Weaver stated Martin Marietta has indicated that they need to be able to transport at night because of the Interstate 95 construction project and he asked if a time limit could be added to the condition allowing them to operate at night only during that project Mr Weaver also spoke on his concerns with traffic congestion in the area and he encouraged the Board to consider their concerns before making a decision that could affect the area residents PagePage pageNumber9411 June 1 , 2020 – 6 00 pm Continued MG Johnson , 140 Colonade , Court , Benson , spoke in support of the request Mr Johnson stated he is one of the property owners on the request and he understands the concerns of those that spoke and hopes a compromise can be achieved Mr Johnson stated while he understands their concerns , he does not want the quarry to be at a disadvantage with their competitors where they cannot supply materials At the inquiry of Commissioner Braswell , Mr Johnson stated he does not live in the immediate area , but owns property there There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Mr Newton stated there are two rock quarries in the County and many more sand mines Mr Newton stated staff would look into the inspections issue and work on establishing a schedule Commissioner Lawter asked if blasting and crushing are both within the definition of “ excavation ” Mr Newton responded that the permit nor the ordinance distinguishes , but the Board could add language to specifically address or clarify any issues Mr Newton stated under the 2015 modification request , excavation and transporting can take place from dawn until dusk , Monday through Saturday There being no further comments , the Chairman closed the Special Use Hearing for Case 03 - 46 MOD Further Discussion by the Board Commissioner Chad M Stewart noted the use stays with the property forever and he questioned if any regard has been shown for the neighbors Chairman Ted G Godwin stated safeguards for the residents come with enforcement of the special use conditions Commissioner Tony Braswell questioned if evidence has been submitted showing the need for the modification Commissioner Braswell noted the applicant stated this is not a normal year and business has been down , although he does think there will be a need at some point Commissioner Braswell stated he would like to find a middle ground for both the applicant and the residents Chairman Godwin commented that most of the concerns expressed today by the speakers did not deal specifically with the request at hand , which is transporting after dusk Chairman Godwin stated most of the concerns dealt with ongoing issues the residents have been having with the company Commissioner Patrick E Harris asked if the request could be approved with a time limit so the residents would know this is not an open ended situation Commissioner Braswell agreed and stated if more time is needed , then Martin Marietta could come back and ask for additional time Mr Newton stated the Board could add a time limit to the approval , and the Board may want to consult with the applicant to determine that time limit Commissioner Stewart expressed concerns that this has not been give and take and people are entitled to times of peace and quiet on their property Commissioner Braswell stated he believes this request is for projects on Interstate 95 and Interstate 40 and when the need to provide materials for those projects disappear , the residents should have some relief Commissioner Butch Lawter stated he agrees with the Chairman that a lot of the concerns and issues brought up by the residents are not related to the question at hand ; therefore , they cannot be a consideration for this specific request Commissioner Lawter stated the first issue for him is safety and he knows that the NCDOT has transitioned to nighttime work for safety reasons due to less traffic Commissioner Lawter continued that there is also the issue of fairness in that the County already has one quarry which is allowed to run all night HePage0412 June 1 , 2020 – 6 00 pm Continued also noted that ST Wooten , Barnhill , and Fred Smith Company are allowed to run at night near the Martin Marietta quarry Commissioner Lawter stated he understands the need for compromise and that there are outside concerns , but the issue at hand is whether or not to allow trucks to haul aggregate at night Commissioner Lawter stated even if Martin Marietta is taken out of the equation , trucks will still run all night from the ST Wooten , Barnhill , and Fred Smith plants Commissioner Lawter noted that not every NCDOT contract requires work at night and it is usually only for the big highway projects Commissioner Larry Wood stated the real issue is trying to define excavation and transporting Commissioner Wood agreed with Commissioner Lawter that there are already trucks in that area running at night so the Board could clear up the condition to ensure that excavation activities are still limited to certain hours while transporting is allowed Commissioner Wood stated safety is also a big issue for him and if dump trucks are on the road at night then that is safer than being on the road during the day with more traffic and considering there is a school nearby Commissioner Jeffrey P Carver stated the issue is about hours for transporting materials Commissioner Stewart stated he thinks that the residents were trying to make a case that they have dealt with the operation all along and have not complained and now Martin Marietta still wants more Chairman Godwin reiterated that the key is to make sure the applicant abides by the special use conditions Commissioner Lawter suggested the Board consider eliminating the language “ and transporting ” from special condition # 4 Decision on Case 03 - 46 MOD Case 03 - 46 MOD Petition to modify the current special use located at Camelia Road and Raleigh Road in the Elevation Township that is currently zoned Industrial - 2 – Special Use District I - 2 SUD Tax ID 07G09061C , 07G09061 , 07G99010I , 07E07199C , 07F09025A , & 07F09026 Owner MG & Betty Johnson , Teresa Blackmon , & Martin Marietta Materials , Inc Applicant Martin Marietta Materials , Inc Special Use Request To remove condition 4 “ Operation hours for excavation and transporting materials Monday - Saturday , dawn to dusk ” from the special use conditions Based on findings of facts and special use conditions , Commissioner Butch Lawter moved the Board approve a special use permit modification for Case 03 - 46 MOD to remove the language “ and transporting ” from special condition # 4 so that it reads “ Operation hours for excavation of materials Monday - Saturday , dawn to dusk ” Commissioner Jeffrey P Carver seconded the motion which carried by the following vote Ayes Commissioners Ted G Godwin , Jeffrey P Carver , Larry Wood , Patrick E Harris , and Butch Lawter Nays Commissioners Chad M Stewart and Tony Braswell Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Many paving projects now require night work by contractors to minimize inconvenience to the public Those projects require base for the roadbed and specialized stone for the asphalt and concrete , the ingredients of both of which are predominantly stone These materials must be supplied on the same schedule as is being worked by the contractor Extended quarry hours may shorten the time the public is exposed to the hazards of a particular project by reducing both the project duration and the number of fully loaded trucks on the road during the day 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Benson Quarry currently operates in compliance with the approved Johnston County Special Use Permit This modification would only alter the quarry’s hours of operations The facility operates in compliance with a mining permit issued by the North Carolina Department of Environmental Quality NCDEQ Division of Energy , Mineral and Land Resources DEMLR , a discharge permit issued by NCDEQ DEMLR , and an air permit issued by NCDEQ Division of Air Quality DAQ 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ;Page1413 June 1 , 2020 – 6 00 pm Continued State and local governments now specify that many projects be done at night Stone is a necessity for those projects , whether as base or as the primary ingredient in both concrete and asphalt These projects cannot proceed without it Preventing a supplier like Benson Quarry from bidding for these projects will increase their costs and ultimately extend the duration of the project Existing berms and buffers provide both visual and noise barriers from contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The use and development were approved in 2003 and modified in 2015 Martin Marietta requests modification of the special use permit to remove condition 4 “ Operation hours for excavation and transporting materials ; Monday - Saturday , dawn to dusk ” Current construction practices require stone to be shipped at night to fulfill the demands of major projects , which often include nighttime construction Specific Land Uses APPLICANT No change in land use being requested Special Use Conditions 1 Permitted Uses Mining Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation of materials Monday – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Prior to any blasting on the new property , and subject to the property owners ’ permission , a pre - blast survey will be performed by an independent consultant , at Martin Marietta’s expense , on all non - company owned , occupied structures existing as of the date of the permit , within 1000 feet of the proposed blasting activities on the property , with a copy of the result provided to each property owner A record of the seismograph reading of each blast event will be kept for a minimum of five years at the quarry office and may be inspected by the County Manager or his designee No explosives will be stored on the property and will be brought onto the site the day of the blast 9 Martin Marietta will provide a property value guarantee to neighboring property owners within 1,000 feet of the perimeter of the property on their homes and the land on which the home is situated This would not include vacant , unimproved land 10 Within at least 1 year of anticipated relocation , applicant will submit to the Board an operation plan , as per ordinance subsection 2 , and will notify neighbors of the same 11 Special attention to buffer standards , per 5 g of Code of Ordinances CD 14 66 12 The County’s 24 - month window , according to Special Use Permit , would be waived to the extent necessary in this instance Not to exceed 5 years 13 No entrance to the mining operation on Camelia Road 14 A temporary construction entrance along Camelia Road This entrance can only be used for twelve months after Planning Staff has been notified of operation by Martin Marietta 15 Access on Camelia Road entrance will be limited to Monday - Friday from dawn to dusk 16 The temporary construction entrance will be accessed a maximum of one day a week , for maintenance only , after the twelve month expiration 17 NCDOT driveway permit will be required for access 18 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program Page2414 June 1 , 2020 – 6 00 pm Continued j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Page3415 June 1 , 2020 – 6 00 pm Continued The Chairman opened the Rezoning Hearing for Case 20 - 01 Case 20 - 01 Petition to rezone a 3402 acre tract located at Johnston Parkway in the Beulah Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 03P06052S Owner Kenly Industrial Park , Inc Applicant JC Econ Dev Corp Planning Director Braston Newton stated the petition is to rezone a 3402 acre tract located at Johnston Parkway in the Beulah Township from Agricultural Residential to Industrial - 1 Mr Newton stated the site is currently zoned Agricultural Residential and vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Industrial - 1 ; and Industrial - 2 and used for industrial purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan , which denotes an area in which moderate levels of growth are anticipated over the next 20 years Economic Development Director Chris Johnson stated the site is located just outside the Town of Kenly’s jurisdiction He stated any industry that locates on the site would be a water and sewer customer of the Town of Kenly so there would be an opportunity for voluntary annexation Mr Johnson stated they have been working with the property owners and the Town of Kenly to get the site certified for economic development marketing He stated the rezoning is part of the site certification process There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning