Pender County approves special‑use permit for phased sand mine on Shaw Highway with operational conditions

Pender County commissioners on March 2 approved a special‑use permit for a phased sand‑mining operation on a 551.2‑acre tract off Shaw Highway, after a quasi‑judicial hearing that drew dozens of residents, engineers and expert testimony.

Madeline Williams, attorney for the applicant Shaw Plantation Properties LLC, told the board the operation would be limited to excavation and on‑site sorting and loading of construction‑grade sand and would not include blasting or rock crushing. "This is not a quarry operation," Williams said, adding that the proposal includes buffers that exceed the county Unified Development Ordinance requirements and will be subject to state mining and stormwater permits.

Engineer Jimmy Fentress, tendered as an expert, testified that the proposed work would be phased (Phase 1: 80 acres; Phase 2: 80 acres; Phase 3: 40 acres) and that drainage and dewatering would be managed through engineered controls routed to existing wetlands. "The dewatering is going to be addressed in the erosion‑control and mining permit," Fentress said, and he explained the reclamation bond required by state permitting.

Traffic analysis presented by Scott James of Davenport Engineering estimated a conservative peak of six trucks per hour and about 108 site trips per day at high sustained throughput, representing less than 5% of existing daily traffic on Shaw Highway. James said he used conservative assumptions to model potential truck impacts.

Residents who live near the proposed Phase 3 area told commissioners they were deeply concerned about noise, drainage, wells and truck traffic on Shaw Highway. Daniel Chapetin, who said he lives roughly 1,400 feet from the proposed Phase 3 area, asked commissioners not to approve that phase: "I plead that you do not approve Phase 3," he said. Other residents questioned whether county notification beyond the 500‑foot statutory notice radius would have identified more affected people.

The board debated evidence and conditions before voting to approve the special‑use permit with conditions agreed to by staff and the applicant. Conditions discussed on the record included limiting operations to weekdays, narrowing operating hours to daylight, and staff direction to return with enforceable language. During deliberations the applicant agreed to shift operating start times so operations begin at sunrise and end no later than 6 p.m., Monday through Friday, to reduce safety and noise concerns in the dark.

Commissioners also noted that state permits under Chapter 74 (the mining act) and state stormwater and environmental reviews remain necessary before any excavation begins. The approvals granted at the meeting were zoning actions; the applicant must still obtain state mining permits and comply with any conditions those agencies require.

The board recorded no blasting or on‑site rock crushing in the application and emphasized that the mining permit process at the state level will involve additional agency reviews for water quality, stormwater controls and reclamation bonds. The county vote authorized local land‑use permission with the conditions read into the record; the project will proceed to state permitting and any remaining technical checks required by county staff.

The hearing record, including sworn testimony from the applicant's engineers and written letters from nearby property owners, will be part of the permitting record should the decision be appealed.