Planning commission approves Morales Construction batch plant and setback waiver with conditions

The commission approved a conditional use permit and an associated waiver allowing a mobile concrete batch plant at 2221 North Kitty Hawk Drive, subject to standard and special conditions addressing water rights, lighting, dust control, truck routing and hours of operation. Applicant Rene Morales described a modern portable plant with baghouse/dust collectors and computerized controls that he said are NDEP‑ and OSHA‑compatible; he told the commission the plant is close to his gravel pit and would reduce truck travel and related pavement wear.

The district attorney’s office reiterated concerns previously voiced about silica exposure, concrete burns and fugitive dust—and asked whether those hazards had been adequately addressed since the January hearing. Morales and supporters responded that the selected equipment includes factory‑integrated dust collectors and monitoring and that the plant will not operate without required state air permits. After public testimony both opposing and supporting the project, the commission approved the waiver by a 4–3 vote and the CUP by a 4–3 vote with conditions that included completion of commercial water rights transfer prior to operation, a requirement that the unit remain on the subject property and revised seasonal operating hours (summer 05:00–14:00; winter 07:00–15:00), plus required site development and NDEP permitting before final county signoff. Morales told the commission he would ship‑seal Kitty Hawk and take steps to mitigate dust and lighting per county code.