Sawmills OK'd in Sampson

Jan. 18—Sawmills are now an allowed special use under the Sampson County Zoning Ordinance, upon a request that such operations be permitted. The request received unanimous approval from local planning and government officials.

The Sampson County Planning Board approved the request by Tri-State Turf, Inc., owned by Clark Wooten, after discussing the matter at its November and December meetings. The Sampson County Board of Commissioners unanimously concurred at its January meeting last week, approving the amendments to the Sampson County Zoning Ordinance as recommended.

County Planner Michelle Lance presented the request to commissioners at their January monthly meeting. The request and subsequent approval was not for a specific operation, but would allow for one.

The request sought amendments to the Sampson County Zoning Ordinance, specifically to amend the Definitions and Table of Uses Sections and Chapter 15, Special Uses: Specific Use Requirements. The Planning Board found the amendments to be consistent with the Sampson County Land Use Plan, and voted unanimously to recommend approval with some modifications.

"After taking other county practices regarding sawmills into consideration, and making meaningful recommended changes, the Planning Board voted unanimously to recommend approval," Lance stated.

That approval included adding sawmill (permanent) as a definition, as follows: "The operation of a fixed sawmill and/or chipper to process timber, from any source or location, for the purpose of selling such forestry or lumber products;" as well as amending the Table of Uses to require a special use permit for a sawmill (permanent) in the Rural Agricultural and Industrial Districts.

Approved stipulations for sawmills in Sampson, as modified and approved, include:

—The sawmill/chipper must be located a minimum of 400 feet (this was modified from 500 feet during Planning Board discussions) from any residential structure on surrounding properties. A residential structure inhabited by the property owner or operator of the other use of the tract is allowed.

—Documentation regarding the specific materials to be manufactured, milled, or stored and the potential hazard which may be encountered in an emergency due to these materials must be provided with the required application.

—All buildings, storage sheds, structures and parking or storage areas for vehicles, equipment, or supplies shall be set back from all property lines and public rights-of -way a minimum of 60 feet (this was modified from 30 feet during Planning Board discussions) or the building setbacks for the underlying zoning district, or as required by the North Carolina Department of Environmental Quality, whichever is greater.

—Screening is required which completely screens from view the stored items. Such screening shall be an opaque durable wall or opaque fence at least eight (8) feet high in addition to a minimum 30-foot wide vegetated strip around the entire area of operations, including any outdoor storage areas. This vegetated strip shall consist of a naturally wooded area or be planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three years.

—Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.

—All effluents and emissions into the air or surface or groundwater from the use including any land-disturbing activity must be in conformity with all applicable Federal, State, and County Health and Environmental Quality regulations. Land development must also comply with all other applicable regulations, which also include floodplain and watershed regulations. All applicable Health Department regulations shall apply.

—Dust, dirt, and sawdust shall be disposed of in a manner that is acceptable by the North Carolina Department of Environmental Quality.

—Description of all equipment to be used on site and estimated noise levels (measurements provided where possible). Noise levels shall be minimal to surrounding properties between the hours of 8 p.m. and 7 a.m. (modified from 10 p.m. and 7 p.m.) In any case, the noise level, regardless of the time of day, shall not become a nuisance to neighboring properties.

Attorney Andrew J. Dickerhoff represented the applicant during the Planning Board meetings and was also present at the recent Sampson Board of Commissioners meeting.

At the December Planning Board meeting, Dickerhoff noted that the board was only presented with the applicant's request to approve a text amendment to the Zoning Ordinance and was not being asked to approve an actual operation. Dickerhoff told planning officials that the applicant would have to return to the Planning Board and make the required showing for issuance of a special use permit before being allowed to operate a sawmill.

Dickerhoff provided the Planning Board with information regarding setback requirements for sawmills in other North Carolina counties as well as research on the topic of decibel levels of typical sound sources, as compared to the saws of the proposed sawmill.

At that December meeting, Planning Board member Gail Gainey expressed her concern with a sawmill being located less than 500 feet to a residence. Chairman Houston Crumpler III recommended that the board consider 400 feet, a recommendation that carried.

Of North Carolina's 100 counties, 48 specifically mention sawmills. Of those, 17 have setbacks that are specific to sawmills. The other 31 have setbacks of 100 feet or less, according to research utilized by the Planning Board.

A letter of research conducted by Kennedy Consulting KCS Services, LLC of the decibel levels that the applicant's proposed machinery would generate was presented by Dickerhoff. He shared manners in which the applicant would mitigate the 62 decibels.

Discussion was had by the Planning Board members as to how and if noise levels could be monitored. Gainey recommended that the noise levels hours staff had recommended of 10 p.m. to 7 a.m. be changed to 8 p.m. to 7 a.m., to which all Planning Board members agreed. Dickerhoff reiterated at that December Planning Board session that his client did not object to the modification.

The Zoning Consistency Statement approved by the Planning Board states that the boards "finds the proposed text amendments, as amended by staff and with the inclusion of the Planning Board's modifications, to be consistent with the goals and objectives of the Sampson County Land Use Plan. The Planning Board finds that the text amendments are in best public interest and reasonable and recommends approval."

At the recent Board of Commissioners meeting, Clerk Stephanie Shannon read a public comment from resident Carla Peterson, who delivered written comments to County Administrative offices on Jan. 5.

"I am opposed to allowing permanent sawmills as a special use in Residential Agriculture districts," Peterson stated. "A permanent versus portable or temporary sawmill may create too much noise, traffic, dust or potential danger to neighbors. Farms continue to consolidate. At times, these large farms operate more like large industry. For example, tractor-trailer trucks move in and out of narrow dirt paths that border property lines with neighbors to a large warehouse on the farm that serves as a distribution center."

This causes considerable noise, traffic and dust that adversely affects neighboring properties, said Peterson, who lives on Taylors Bridge Highway.

"This is the case at my own home," she noted. "Whether the weather has been dry, dust coats my house, car and anything else that rests in my yard. This happens even though I've planted a buffer of vegetation along the property line to prevent such from happening. Adding a permanent sawmill as an allowed special use will only exacerbate the situation. I believe the noise alone on a permanent basis would be something a good neighbor would not impose on others. I am opposed to this request."

Dickerhoff offered comments prior to the commissioners' unanimous approval of the request.

"We spent a lot of time going through this with the Planning Board and researching these issues — the noise, dust, all of it," said Dickerhoff. "This came at great consideration through a period of two meetings. This wasn't just a decision that came on a whim. We even did research for every county in North Carolina to determine that setback distance, so there was a lot of thought that was put into this."

Editor Chris Berendt can be reached at 910-592-8137 ext. 2587.