ORDINANCE - Removing Mining Special Use Overlay District 6-7-21

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5.23.4.1 Activities, such as blasting,drilling,or crushing,may only be conducted on weekdays between the hours of 8:00 AM and 6:00 PM. 5.23.4.2 All other activities shall be subject to the applicable noise ordinance standards of the governmental agency having jurisdiction. 5.23.5 SPECIAL USE PERMIT REQUIREMENTS 5.23.5.1 To aid in the interpretation of the word"harmony"in Section 3.5.3.4 as applied to an application for Special Use Permit for mining and quarrying,the following guidelines may be used: • The operation will not constitute a substantial physical hazard to a neighboring residence, school, church,hospital, commercial, or industrial building, public road, or public property; • The operation will not have a significantly adverse effect on the purposes of a publicly owned park, forest, or recreation area; • The operation will not have an adverse effect on public, community, or private water supplies, surface or ground waters, including but not limited to water supply watershed areas as designated in the Watershed Protection Map of Lee County, North Carolina. 5.23.5.2 A special use approval granted by the Board of Adjustment will not become effective until a mining permit, if required by the North Carolina Department of Environmental Quality,and all other state and federal permits required for mining are issued. 5.23.5.3 If the applicant makes a material and substantial change to the Site Plan or any of the other components submitted to the Board of Adjustment,a new special use permit application shall be submitted to the Board of Adjustment. 5.23.5.4 A special use permit will automatically expire if,at any time after it is approved by the Board of Adjustment,the state mining permit is revoked or terminated and may be reactivated upon reissuance of the state mining permit unless there is a material and substantial change requiring a new special use permit application according to Section 5.23.5.3 above. 5.23.5.5 APPLICATION REQUIREMENTS 5.23.5.5.1 The special use permit application shall also include two(2)copies of all other applications for federal and state permits required for mining. Such copies shall be complete and include all required supporting documentation as required for said permits. 5.23.5.5.2 The special use permit application shall include complete copies of any required land disturbing permits as required by State and Federal agencies(such as Sedimentation and Erosion Control,Wetlands, etc.). Such copies shall be complete and include all required supporting documentation as required for said permits. 5.23.5.5.3 The special use permit application shall include complete copies of NCDOT driveway permits and/or other permits related to roadway access and construction. Such copies shall be complete and include all required supporting documentation as required for said permits. 5.23.5.5.4 The special use permit application shall also include a traffic impact study by a qualified consultant that will enable the Board of Adjustment to assess the impact of the proposed land use on the highway system when that system is at or near capacity or a safety problem exists. Its purpose is to ensure that the proposed land use does not adversely affect the highway network and to identify any