Board approves Foster Forbes mine expansion subject to monitoring wells and additional bond

The Currituck County Board of Commissioners on Aug. 18 approved an amended special-use permit for the Foster Forbes sand mine on Caratoke Highway, allowing the excavation area to increase to 13.38 acres (about 42.7 percent of the 41-acre tract, net of wetlands) with conditions requiring monitoring wells, monthly sampling and additional cash performance guarantees tied to nearby wells.

Staff summarized the application and TRC review. The staff report noted the ordinance excludes wetlands when calculating maximum excavation area; the applicant's proposal would leave the mine under the 50 percent UDO limit. Staff said the mine plan calls for an average depth of 30 feet and a maximum depth of 35 feet below natural ground level, continued use of an existing 200-foot paved entrance, and standard operational limits (sunrise to sunset; no Sundays; no Saturdays from Memorial Day through Labor Day).

Planner Jenny Turner told the board the applicant provided a groundwater-well survey that identified 29 active wells within 1,500 feet of the excavation edge. The UDO offers two compliance paths: hydrogeological studies or monitoring wells plus performance guarantees. Turner said the applicant had already bonded seven wells for $21,000 and that additional wells in the 1,500-foot radius would require a cash bond of $3,000 per well; staff asked the board to require the additional cash deposit for the remaining wells.

Consultant Kenneth C. Elliott testified for the applicant, describing sedimentation and discharge controls, monthly on-site pH and salinity checks, and quarterly laboratory analyses for total suspended solids, turbidity and enterococcus. He said four monitoring wells surround the permit area and that the Division of Marine Fisheries had requested monthly quality sampling. Elliott said the discharge flows from a sedimentation pond into Foster Forbes Creek and ultimately toward Albemarle Sound and that monthly reports are submitted to county planning.

Appraiser Kim Tate testified that a comparison of sales-resales in similar areas showed no evidence that mining operations near residential neighborhoods consistently depress property values. Tate said where sales were available for analysis, appreciation rates for properties near active mines were comparable to county averages.

There were no public speakers signed up for the Foster Forbes public hearing. Commissioners asked about noise, depth and whether any state violations had been recorded; staff and consultants said there had been no state violations for the site during the past three years and that noise from a dewatering pump—measured at a comparison site—would be comparable to ambient highway noise.

A commissioner moved to approve PB 25-17 with TRC conditions (including additional cash performance guarantees for wells not yet bonded at $3,000 per well), and the motion carried. The staff record shows the applicant has an $18,700 state reclamation bond on file and that county monitoring and reporting will continue until state permits are closed.

Discussion vs. decision: commissioners discussed monitoring, the number of nearby wells and bond levels (discussion); the board's formal action approved the amended special-use permit with TRC conditions and a requirement for additional cash bonds tied to the well survey (decision).

The approved permit requires continued monthly and quarterly sampling, maintenance of monitoring wells, erosion-control measures including berms and a 200-foot paved construction entrance, and a final reclamation plan. County staff said the applicant must post no-trespassing signage every 250 feet, limit stockpile heights to 25 feet and use tarp-covered haul trucks. The county will require cash performance guarantees for wells within 1,500 feet and will receive ongoing monitoring reports to verify compliance.