Halifax County commissioners today unanimously rejected a proposed mining and quarrying ordinance following more than an hour of public comments on the matter.

Commissioner Sammy Webb made the motion and Jimmie Silver cast the second.

“When I read the proposed mining and quarrying ordinance, on its face it appears to be arbitrary,” Webb said. “That’s my first concern. My second concern is knowing that then there’s a potential for the county to be subjected to legal action against us.”

While the board was presented with a third option to let the matter sit for 90 days so Halifax Aggregates—the company proposing to build the quarry adjacent to the Halifax-Northampton Regional Airport—and a currently unnamed company also looking to locate close by could continue their discussions, Webb said, “My third concern is that 90 days is not going to change my position.”

In discussions leading up to the vote, Webb asked County Attorney Glynn Rollins what would happen if the board rejected the proposal.

As Webb’s question applied to Halifax Aggregates, Rollins said that since the property is currently zoned light industrial, the company would have to apply for a zoning map amendment to change the classification to residential-agricultural. “If they accomplish that and have it rezoned to residential-agricultural, they’ll have to make the special use permit request to the board of adjustment. With respect to the area where they propose to mine, they’re going to have to contend with the use restrictions in the airport overlay district.”

While the 90-day postponement might help the two companies reach a resolution, Rollins said, “That doesn’t mean there’s no longer a need for an ordinance in the county… Not adopting an ordinance doesn’t prevent you from taking it back up again.”

John Cross, owner of the company, said in response to a question submitted by rrspin.com following the decision that, “Halifax Aggregates is committed to continuing to work closely with the county and interested stakeholders to bring a good project and high-paying jobs to the area.”

The company has said the project will create a minimum of 25 new jobs, which represents a $25 million to $30 million investment in Halifax County and $300,000 a year in new revenue.