Lenoir commissioners open Feb. 16 meeting with Wilcox centennial honor, sand pit hearings
The Lenoir County Board of Commissioners opened its Monday, Feb. 16 meeting with an invocation from Commissioner Dr. Preston Harris and the Pledge of Allegiance led by Commissioner Cleveland Lovick. Chair Linda Rouse Sutton reminded commissioners of the board’s duty to vote on matters unless a conflict of interest exists; no conflicts were declared.
Recognitions and proclamation
The board recognized Sheriff’s Office employee Jovanni Villagra for 20 years of service.
Commissioners also honored Lillian Vause Wilcox on her 100th birthday with a formal proclamation. The proclamation noted Wilcox was born Feb. 5, 1926, on Neuse Road and has lived her entire life within roughly 100 yards of her birthplace. It also highlighted that she drove until 2024 at age 98, is the oldest living member of Southwest Christian Church (890 Neuse Road), and has traveled widely, including trips to Europe, Canada, Cuba, Hawaii, Nevada, California, and Florida. Wilcox was described as a “priceless gem of a southern lady.”
Following the proclamation, commissioners and attendees shared lighthearted remarks about Wilcox’s personality and community involvement before pausing for photos.
Land use matters dominated the agenda
After the recognition portion, the meeting moved into land use cases, including one rezoning request and two special use permit hearings tied to sand pit mining operations along Falling Creek Road.
Parcel 1796 rezoning hearing continued
A zoning map amendment (rezoning) public hearing regarding parcel 1796 was opened, but county staff said the applicant requested a continuance. The board recessed the hearing to Monday, March 2, at 9 a.m.
Special use permits: “quasi-judicial” rules explained
Before testimony on the sand pit requests, county attorney and staff emphasized the hearings were quasi-judicial evidentiary hearings—meaning the board must base its decision on competent, relevant, and substantial evidence presented during the hearing, rather than general public sentiment.
Board members also noted that if the applicant meets the ordinance’s required findings of fact, the board has limited discretion and may be required to approve the permit. The attorney explained due process rules, including that testimony must be sworn and that written letters generally cannot substitute for in-person testimony because they cannot be cross-examined.
Sand pit request 1: Parcel 101947 (Falling Creek Road)
County staff presented a special use permit request for a sand pit mining operation on parcel 101947, a roughly 79-acre site zoned rural agriculture on the southeast side of Falling Creek Road. The proposed pit footprint was described as approximately 36 acres.
Staff said the planning board recommended approval, with conditions including:
Adding berms along sides facing nearby residential areas (staff referenced the northeast and northwest sides as key sides for buffering).
Installing a hard-surfaced driveway apron (described as a 50-by-50-foot concrete or asphalt area) and meeting N.C. Department of Transportation driveway permit requirements, including rock stabilization.
Applicant’s presentation
Applicant Tyler Everett told commissioners the pit would provide a local source of fill material for nearby construction projects and that the operation would follow state and local environmental regulations. He referenced required setbacks (described as 20 feet) and said state environmental agencies, including DEQ/DWQ, would oversee environmental compliance.
Everett said the long-term plan is reclamation into a pond, with future waterfront residential lots envisioned after completion.
Addressing concerns about dust, Everett provided documentation from an existing pit operation he said has been active since 2006. He described employee dust-monitoring results under the Mine Safety and Health Administration (MSHA) and said the results fell within standards with no corrective action required.
When asked about timeline, Everett said it depends on demand and project activity. He also described the proposal as a “borrow pit” rather than continuous mining, suggesting activity may be intermittent—sometimes sitting for months with limited trucking, then increasing when a project needs material.
Public testimony raising concerns
Resident Joe Earl Joseph Bullock (Ravenwood Drive) spoke in opposition, focusing on health concerns tied to silica exposure and the risk of respiratory disease and cancer. He cited OSHA and other sources in broad terms and urged commissioners to seek expert input regarding health impacts. He also described the Falling Creek area as a long-established community and argued the county should be cautious about introducing risks near homes and schools.
The board chair attempted to keep testimony focused on hearing standards, and the attorney clarified that while there is a limit on repetitive testimony, the strict three-minute time limit applies more to informal public comment than to sworn quasi-judicial testimony.
Sand pit request 2: Parcel 2284 (Falling Creek Road)
A second special use permit hearing followed for a separate parcel—parcel 2284—described as across the street from the first site. Staff said it is also zoned rural agriculture and is roughly 23 acres, with a proposed pit footprint of about 4 acres on the northeast side of Falling Creek Road. The planning board recommended approval, with similar buffering and driveway recommendations and DOT requirements.
Applicant and related parties
Everett again presented the project as a local fill source, with environmental oversight and stormwater practices. He reiterated the dust information and said the same type of approach would apply.
Several residents then provided sworn testimony:
Joe Bullock reiterated concerns about silica, health impacts, and added road safety concerns tied to heavy trucks and roadway conditions along Falling Creek Road, including areas he described as vulnerable near drainage and the golf course area.
James Zell Hardison (Kevin Branch Road) said the proposed pit would be very close to his property. He expressed concerns tied to health and personal circumstances, including medical issues, and said he could not support a project “as close” as proposed.
Bob Dawson (Falling Creek Road), listed alongside Everett as an applicant for the second parcel, argued the project would not devalue or flood his own nearby home and characterized that idea as unreasonable given his personal stake. Dawson also said wind already moves dust across open fields; he argued that creating a pond could reduce airborne dust because water would help keep dust down. He said he tried to engage neighbors directly, offered to show and explain plans, and said he would preserve wooded buffers behind certain homes if neighbors preferred. He described the goal as creating a pond for personal use and eventual community benefit.
Ernestine Taylor (Buckingham Court) initially attempted to read a letter from her daughter, but the attorney said a letter could violate due process because it cannot be cross-examined. Taylor then summarized concerns she said her daughter wanted addressed: increased noise, traffic conflicts during school travel times, heavy equipment on a two-lane road, potential roadway damage, and health risks. She also questioned whether the area would be better suited for additional housing rather than industrial activity.
Lee Howell (Rendo Hodges Lane) spoke in support, emphasizing that the people involved are local, live in the community, and would remain accountable to neighbors. Howell acknowledged concerns about health and road safety but said moving dirt is part of development and argued that, if done properly, the finished pond-and-homes concept could support property values. He framed his position as trust in local operators paired with an expectation of a professionally completed project.
The board closed the second public hearing after testimony concluded.
Public comment: property tax reappraisal questions
During public comment, a speaker raised questions about the county’s property tax reappraisal process, describing a mismatch between FEMA-related valuations tied to flood impacts and the county’s tax valuation, and asking why tax values rose significantly. Commissioners and staff said they could not resolve valuation disputes during the meeting and directed the speaker to the county tax administrator, Laurie English, for review and the formal appeals process. Staff noted the appeals window runs through early April, with April 3 referenced.
Consent agenda approved; votes on sand pit findings began
The board approved the consent agenda, including multiple agenda sections in one vote. The meeting then returned to the land use items.
For the sand pit on parcel 101947, the attorney began walking commissioners through the required findings of fact that must be voted on individually before the board can approve or deny the special use permit. The transcript provided ends as the board begins voting on those findings, so the final outcome for the permits is not included in the portion provided.
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