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BZA denies Cedar Hill Acquisitions’ special exception for a 140‑acre sand mine after strong neighborhood opposition
Summary
Cedar Hill Acquisitions sought permission to mine roughly 140 acres near Charity Church Road with truck access to Highway 41 via a temporary railroad crossing; the Board of Zoning Appeals denied the special exception after lengthy public comment citing traffic, dust and quality‑of‑life concerns.
Cedar Hill Acquisitions presented a request for a special exception to mine up to 140 acres on an East Branch of the Cooper River parcel. The applicant described a plan to use a temporary private access crossing at Palmetto Railways to route trucks to Highway 41, to limit truck traffic on Charity Church Road, and to cap initial excavations at 25 feet deep. The applicant also described environmental analyses completed or in progress: wetland delineation, endangered species survey, groundwater well study, cultural resource survey, and a DES mining permit application.
Robert Strange and other company representatives said the operation would avoid Charity Church Road and that truck counts would be modest for mining — 50 to 150 trips per day — with stormwater detention and monthly DES water-quality sampling. They described the mined areas as temporary and expected to be reclaimed as ponds and wildlife habitat.
Hundreds of pages of hearing record and multiple residents opposed the proposal. Cynthia Lawrence, representing neighbors and working with the Coastal Conservation League and South Carolina Environmental Law Project, said the area already hosts a mine and the community does not want additional mining. Residents described heavy truck traffic on nearby roads, safety concerns for schoolchildren, dust and noise impacts, prior unkept promises by another local operator, and visible effects on wildlife. Several speakers said the train crossing and Charity Church Road are already degraded and could not absorb more truck traffic.
Board discussion highlighted conflicts about scale and phasing, the applicant’s willingness to dedicate a public right of way to Highway 41, and conditions the board could impose. Board member Burbage moved to approve with conditions restricting Charity Church Road access and limiting depth to 25 feet and other constraints; the motion failed for lack of a majority. Another motion to deny the special exception carried, and the board voted to deny the 140‑acre special exception.
The applicant said it may revise and return with a different proposal. Staff clarified the applicant had agreed to dedicate a public right of way from Highway 41 to the railroad crossing, which removed a previously anticipated rezoning requirement for frontage. The record includes multiple letters of support from some nearby landowners and several visible, vocal opponents at the hearing; the board’s denial followed substantial public opposition emphasizing local traffic, dust and quality‑of‑life impacts.
