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HomeMy WebLinkAboutBoard of Adjustment 02-22-01 X AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, February 22, 2001 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BU~SINESS: Decision on Tom Morrow, Town of Troy request OTHER BUSINESS: OLD BUSINESS: NEW BUSINESS:'[ See Attachment ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT:! (agenda not necessarily presented in this order) SUBMITTED BY:', St. Croix County Zoning Office DATE: February 14, 2001 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Bard of Adjustment has scheduled a public hearing for Thursday, February 22, 2001, at 8:30 a.m. at the Gove ment Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Request for a five-year renewal of a Special Exception permit for a non-metallic mining operation for an existing sand and gravel pit and to allow recycling of concrete products within the gravel pit pursuant to Section 226(89). APELLANT: Henry Nechville LOCATION: Located in the NE '/4 of the SW '/4 and the SE '/4 of the SW '/4 , all in Section 24, T29N- IR18W, Town of Warren. ADDRESS: County Road TT, Roberts, Wisconsin. 2. ARTICLE: Request to allow an amendment to the current Special Exception Permit dated September 14, 1998. County Concrete is asking to expand the permit to add a building for pre-cast facility expansion, and to operate the plant 7-days a week when needed pursuant to Section 17.19(1). The business is located in the Industrial District. APELLANT: §onnetag Family Limited Partnership/ County Concrete Corporation, Agent LOCATION: Located in the NW'/4 of the NW'/4 of Section 34,T29N-R18W, Town of Warren ADDRESS: 1203 70th Avenue, Roberts, Wisconsin 3. ARTICLE : Special Exception request for livestock operations in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.15(6)(0). A request for filling or grading of any area which is within 300 feet of a navigable body of water pursuant to Section 17.29(2)(c). Request is to APPELLANT: Emerald Dairy/ John Vrieze LOCATION: the NE'/4 of the NE , Section 22 T30N R16W, Town of Emerald ADDRESS: 2487 County Road G, Emerald, Wisconsin All interested persons Ire invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment I BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES February 22, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz, Rich Peterson and Tom Rose were present. Dick King was excused. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Judy Kahler, Secretary . Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz, second by Peterson to adopt the agenda. Motion carried. The Board set the next meeting date as March 22, 2001. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by Golz, second by Peterson to approve minutes from the January 25, 2001 meeting with one change. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. UNFINISHED !BUSINESS Eslinger explained that a hearing was held on June 22, 2000 on behalf of Tom Morrow, for a permit to ',locate a roll-off dumpster business from his property. The Board tabled a decision on this request, asking for addition information. A letter was sent to Mr. Morrow on June 29, 2000 specifically outlining the information requested by the Board. The applicant has submitted the information as requested by the Board of Adjustment. The Land and Water Conservation Department has reviewed the storm water calculations and designs and have indicated in a letter that the concerns have been satisfied. Eslinger went over the staff report. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application to special exception with narrative Exhibit 3: 'Zoning Department letters Exhibit 4: Land and Water Conservation Department letters Exhibit 5: Storm water designs and calculations Exhibit 6: Soil test results Exhibit 7: Transportation Service License from DNR Exhibit 8: Zoning Map Exhibit 9: Letter from the Town of Troy Exhibit 10: 'Spectrum Lab Analysis Report Tom Morrow, being duly sworn, is the owner of the property and River City Disposal, Inc. He explained that the dumpsters that will be on the lot are empty, and are not brought to the site unlessi, they are emptied and cleaned out. They will be stored on the commercial site on the property. Morrow plans to continue his truck and trailer operation and this will include repairing trucks and trailers for local customers. Approximately six to eight trucks/trailers will be on site at any one time. The trucks/trailers will not be loaded. A question was raised by the Board on the screening of the property. Morrow will be using 4 to 6-foot blue spruce for screening and will follow the plan presented. The Board would like to see screening up to the entrance of the property, and wrap around the driveway, but not to block the line of site by the highway. Eslinger stated that soil testing will be done every 2 years, and a water sample taken annually from the forebays. The Board will! view the site, and make a decision later today. NEW BUSIN SS Chairperson peer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notices was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 22, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Request for a five-year renewal of a Special Exception permit for a non-metallic mining operation for an existing sand and gravel pit and to allow recycling of concrete products within the gravel pit pursuant to Section 226(89). APELLANT: Henry Nechville LOCATION: Located in the NE '/4 of the SW '/4 and the SE '/4 of the SW '/4 , all in Section 24, T29N-R1 8W, Town of Warren. ADDRESS: County Road TT, Roberts, Wisconsin. 2. ARTICLE: Request to allow an amendment to the current Special Exception Permit dated September 14, 1998. County Concrete is asking to expand the permit to add a building for pre-cast facility expansion, and to operate the plant 7-days a week when needed pursuant to Section 17.19(1). The business is located in the Industrial District. APELLANT: Sonnetag Family Limited Partnership/ County Concrete Corporation, Agent LOCATION: Located in the NW '/4 of the NW '/4 of Section 34,T29N-R18W, Town of Warren ADDRESS: 1203 70th Avenue, Roberts, Wisconsin 3. ARTICLE: Special Exception request for livestock operations in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.15(6)(0). A request for filling or grading of any area which is within 300 feet of a navigable body of water pursuant to Section 17.29(2)(c). Request is to APPELLANT: Emerald Dairy/ John Vrieze LOCATION: The NE'/4 of the NE '/4 , Section 22 T30N R16W, Town of Emerald ADDRESS: 2487 County Road G, Emerald, Wisconsin All interested jpersons are invited to attend said hearing and be heard. Additional information moy be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment 2 Article One: Henry Nechville Eslinger explained that this request is for a five-year renewal of a non-metallic mining operation for an existing sand and gravel pit, and to recycle concrete products. He went over the staff report. The site has been in operation since the early 1970's and the a permit was granted in 1992 for this pit. The permit expired in 1997. The existing operation covers approximately 25 acres. The entire site is approximately 80 acres. Access to the pit will continue to be off of County Road TT. Hours of operation are currently 6:00 a.m. to 6:00 p.m., Monday through Saturday, during the construction season. There are no explosives used at the site. There is a crushing plant and wash plant used at the site. The applicant has plans to reclaim the site after the resources are depleted. The Land and Water Conservation Department has reviewed and have no objections to the request. The DNR has no objections to the request. Eunice Post, of the DNR, stated in a letter that she concurs with the 1992 determination that this location near the Kinnickinnic Raver is a non-navigable area. In a letter dated July 10, 2000, the Town of Warren stated !their support for this request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for renewal with supporting information Exhibit 3: E-mail message from Eunice Post of the DNR Exhibit 4: Town approval letter Exhibit 5: Letter from Robert Heise, County Conservationist Exhibit 6: Letter from the DNR stating no objection. Henry Nechville, being duly sworn, operates this business with his brother. He stated that he has not done the screening on this property, but a berm was constructed. He is looking at hiring someone to do the crushing at the site. They plan to mine at this site for a number of year's, and they intend to reclaim sites as excavation activities are discontinued. The Board will view the site. Article Two: $onnentag Family/ County Concrete Eslinger state that this request is to allow County Concrete to expand its pre-cast facility to allow the construction of pre-cast tunnel panels. Eslinger went over the staff report. The Board granted a special exception permit on November 19, 1998 that allowed County Concrete to construct and operate a masonry block plant and pre-stressed/ pre-cast plant from their site. The current site is not adequate to house what is needed to construct pre- cast tunnel panels. The applicant plans to hire another 40 employees. The interior roads will be improved by the County Highway Department. Storm water calculations have been provided by A/C/A engineering. The Land and Water Conservation Department has some concerns regarding these calculations and designs and have asked for more information. A discussion Was held on the increased truck traffic that would occur from this expansion. County Concrete has been working with the Department of Transportation on this and the State will be reviewing and a study of Highway 65 is being conducted, from county line to county line. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception with narrative and attachments 3 Exhibit 3: Site plan Exhibit 4: Zoning Map Exhibit 5: Letter from the Land and Water Conservation Department Exhibit 6: Letter from the Department of Commerce - state approval of building plans Exhibit 7: WPDES permit from the Department of Natural Resources Exhibit 8: 'Letter from the Town of Warren Exhibit 9: Copy of Section 17.19 Industrial District Kurt Krueger and Tom Miller, being duly sworn, are representing County Concrete. They are willing to look at Traffic Impact Analysis and the potential impacts from this expansion. They will cooplerate with Zoning and the DOT. It was suggested that a traffic light may solve some of the issues. Krueger stated that there may be a need for the plant to operate 24 hours/day, 7 days/week, if they get behind on production. They will be supplying the tunnel panels for the Minnesota' light rail system that is being installed. County Concrete has received state-approved , plans for the building, and would like to be ready to start production in mid- June. It was noted that wastewater from the plant will be extremely minimal. The Board will view the site later today. I Article Three: Emerald Dairy, LLC/ John Vrieze Eslinger told the Board that this request is for a special exception to exceed animal units per acre and for a permit for filling and grading in the Shoreland District. There is an intermittent strum running through the wetland on the Emerald Dairy Farm. This is the wetland that the storm water pond discharges to, and therefore, a permit is needed for filling and gradling of more than 2000 square feet on slopes of less than 12%. Eslinger went over the staff report. The applicant intends to increase his herd by adding approximately 2000 additional dairy cows. The total number of cows onsite would be around 3400. I A 590 Nutrient Management Plan has been submitted by the applicant. They have worked very closely with the Land and Water Conservation Department on this plan, and !the LWCD supports this application. As part of the plan, the applicant is proposing to utilize pre-treatment technologies (Ecofuels) that will reduce the liquid volume of the manure stored on site. As a result of this process, ethanol will be produced. Thd Zoning staff has looked closely at this proposal, and believes it will allow the dairy to better manage and distribute nutrients on surrounding farmland. It is looked at as a secondary use to animal waste production, and therefore, is an accepted use according to the ordinance. The following Oxhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Ecofuels Narrative Exhibit 4: Letter from the Land and Water Conservation Department Exhibit 5: Letters from AC/a Exhibit 6: Copy of E-mail from the Department of Natural Resources Exhibit 7: Letter from the Town of Emerald stating approval of the project. Exhibit 8: 1998 Board of Adjustment approval Exhibit 9: Copy of Zoning Map John Vrieze, being duly sworn, is the applicant. He stated that he wants to expand his herd, but it may only be by 1500 to 1600 more milk cows. The University of Minnesota veterinary students will be studying in the special use barn. The University of Wisconsin 4 w -River Falls will using this business for their internships. The by-products from the animal waste will be used for producing the ethanol. Discussion held. It was stated that 52% of milk produced in the U.S. is from Wisconsin. Information on population growth was presented and labeled as Exhibit 10. Vrieze told the Board that he believes in helping the area farms, and it is important to him to keep agriculture in this county. He gives frequent'tours of his facility to visitors. Vrieze said that he is environmentally conscious and stated that now, more than ever, that is important. Vrieze told the Board that he has reviewed the staff report and does not agree with some of the recommendations listed in conditions 2, 7, 8, 12 and 13. A discussion was held. Vrieze has a major disagreement with having to post an environmental bond. He is spending $4 million on the buildings and the EcoFuels site, and believes that the bond is not necessary and asked that this condition be removed. A letter from Mike Dorwin was labeled as Exhibit 11. Floyd Bergard and Cecil Massin, being duly sworn, are representing EcoFuels. The ethanol production at Emerald Dairy is the first of its kind in Wisconsin. They plan to have a 10-year contract with Mr. Vrieze. Questions were raised by the Board as to safety issues. 'There are plans in place for any kind of problem that may occur. The ethanol will be!, in a sealed container, with no emission, and computer censor controlled 24 hours a day, 7 days a week. They meet the State requirements. The transportation part of the operation comes under the Department of Commerce, and the transport lines must be suitably bonded. Tom Wink, being duly sworn, is a supervisor representing the Town of Emerald. He stated that the Town supports the proposed operation and believes the Board should approve. David Sander, ;being duly sworn, is with the Land and Water Conservation Department. He has worked very closely with Vrieze and his engineers. As far as codes go, the dairy exceeds all requirements. He would ask that the conditions be allowed to be open and subject to charge, as this is a new concept, and there are concerns with regards to the environment and health to the citizens of St. Croix County. Sanders asked the Board to consider changing condition number 13 to read that all required permits to be obtained, excluding thel WPDES permit issued by the DNR. As far as monitoring water quality, the DNR recommends review every year or every other year. The applicant must meet this requirement. Sander further stated that if the Zoning department does not have staff to check this, the applicant must hire it done, with final DNR approval. The Board will visit the site. The Board recessed from 11:55 a.m. to 3:15 p.m. to view the sites. Decisions Unfinished Business A motion was made by Golz, second by Peterson to approve the applicant's request for a special exceptipn permit to operate a roll-off dumpster business at his site based on the following findings: 1. The Bogard believes this to be compatible with the surrounding area. 2. The plans for the project have been presented and the original concerns of the Board have been met. 3. The building will be adequately screened from surrounding properties and neighbors. 5 4. The Town of Troy has approved of the request. 5. The Land and Water Conservation Department approves of the request. 6. There were no objections to the request. 7. The spilrit and intent of the ordinance will be met. With the following conditions: 1. This permit allows River City Disposal, Inc. to store empty roll-off dumpsters onsite and to include a truck and trailer repair business. 2. All items associated with the roll-off dumpster business must be located on the cement, area as designated on the site plan. 3. The applicant shall have this special exception reviewed by the Board of Adjustment two years from the issuance of the permit to insure all conditions are being met. (February 22, 2003). At that time, soil tests will be taken of the site, and a renewal of the permit will be subject to the Board's discretion. 4. The storm water management ponds must be constructed and seeded and mulched per approved plan by June 15, 2001. 5. The applicant must provide the Zoning Office with an as-built that is signed and sealed by a professional registered engineer, verifying that the storm water management ponds were constructed as designed and approved by the St. Croix County' Land and Water Conservation Department. 6. A new landscape plan must be submitted and approved. The plan must include 4-foot pine trees, 10-foot on center, along the south and east side of the property, continuing along the front of the property, but not to obstruct the view of the road at the end of the driveway. Landscaping to be completed by June 15, 2001. 7. Daily hours of operation as related to the roll-off dumpster business are limited to the hours of 5:00 a.m. to 7:00 p.m. 8. Onsite storage of hazardous waste is prohibited. 9. The situ shall remain dust free at all times. 10. The applicant must maintain proper Wisconsin licensing for the business. 11. The applicant is responsible for obtaining any permit or approval required for the project "by the DNR before starting the project. 12. The applicant must provide confirmation that he/she has completed permit process with all other regulatory agencies within six months of approval of this special 'exception. 13. All proposed lighting is to be illuminated downward, to eliminate light pollution on the site,. 14. Areas (which service the public and employees must be hard surfaced or blacktopped. 15. Staff recommends that the applicant maintain a minimum of 6 parking spaces for the public. • an additional space for each 2 employees • adequate parking for vehicles operated in connection with the business • parking spaces must be a minimum of 10 feet by 20 feet (200 square feet) 16. Total of all sign square footage on the property not to exceed 100 square feet. Signs must be located a minimum of 10 feet from all property lines. Only one freestadiding sign is allowed on the property. Any other signage related to the business must be approved by the zoning department and must strictly adhere to the St. 'Croix County Signage Ordinance. 17. All related tractor-trailers associated with the previous business are to be removed from the site by June 15, 2001. 18. The site is not to be used as a transfer station. 19. The applicant shall allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee, who is overseeing the project construction, operation, or maintenance. 6 20. Any minor change (or addition) in expansion of the project, including building, signage, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 21. The applicant shall have one (1) year from the issuance of the Special Exception permitlto act on the Special Exception permit. Failure to start the new business in this timeframe shall result in the expiration of this Special Exception. If the Special Exception permit expires, the applicant will be required to secure a new special exception permit before commencing the business operation. 22. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following Yote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. All in favor. Motion carried. Article One: Henry Nechville Motion by Rose, second by Speer to approve the special exception request to continue operation of a Inon-metallic mining operation based on the following findings: 1. The Town of Warren has approved of the application. 2. The Land and Water Conservation Department has reviewed the application and has not objections. 3. There 'was no opposition to the request, and there have been no complaints relatin to this operation. 4. This leration has been in existence for over 50 years. 5. There is natural screening on the property. 6. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. Gravell mining project is to proceed according to plans presented. Any expansion beyond this legal boundary shall require a new special exception permit; 2. Operator/applicant shall comply with all of the general requirements and conditions listed in the non-metallic mining & reclamation ordinance (Ordinance # 226 (80) (unless varied per conditions). 3. Applicant is responsible for dust abatement during the duration of the permit. 4. Hours of operation shall not exceed 6:00 a.m. - 6:00 p.m., Monday-Saturday. The applicant may submit a written request for extended hours to the Zoning Administrator for review and approval. 5. Crushing on site may only occur 8:00 a.m. to 6:00 p.m. , Monday-Friday. 6. Permit) includes temporary placement of equipment necessary to conduct the mining] operation. 7. Permit includes concrete recycling on site. 8. There shall not be any storage of petroleum products or hazardous wastes of any nature, stored or disposed of onsite. 9. Site reclamation will proceed according to the plan. 10. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the Zoning Administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 11. This special exception is valid for a period of 5 years and expires March 2006. Applicant must either fully reclaim the site in this time frame or reapply for a new speciall exception permit. The applicant is to contact the Zoning Office six (6) 7 months prior to permit expiration, so that reclamation or permit renewal is complete by the expiration date. 12. All other conditions will remain the same as specified in the original Special exception permit. 13. Accepijing this decision means that the applicant has read, understands, and agrees to all conditions of this decision The following (vote was taken to approve: Golz, yes; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Article Two: §onnentag Family Limited Partnership/ County Concrete Motion by Rose, second by Peterson to approve the special exception request to amend the current Special Exception Permit dated September 14, 1998 based on the following findings: 1) The Town of Warren approved of the request. 2) The Lind and water conservation Department has given approval of the request. 3) The request to expand is consistent with the current operation. 4) There Were no public objections. 5) The berming and landscaping plans are acceptable. 6) The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. The total signage on the property shall be limited to 100-square feet. The applicant shall submit a signage plan for staff's review to ensure compliance with the provisions of the Zoning Ordinance. 2. The applicant shall provide a hard surface (Asphalt or concrete) on all interior- driving areas. 3. Applicant must comply with all provisions of Section 17.19(f). Road Plans shall be approved by the County Highway Department and meet provisions stated in Section 17.19 (f). 4. Parking Requirements: • One parking space for each 2 employees on the premises at any one time • Adequate parking for vehicles operated in connection with the business • Parking spaces must be a minimum of 10 feet by 20 feet (200 square feet) • AIM parking areas shall be provided with a dust free parking surface 5. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. 6. The larldscape screening as indicated on the site plan must be completed by June 15, 2001. Applicant shall provide details on size (Height and Length) of the berm. 7. The property shall be kept in a neat and orderly manner. 8. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee, who is overseeing the project. 9. The applicant must keep a copy of this Decision at the project site at all times. 10. Plant (hours: 5:00 a.m. and 11:00 p.m., Monday through Friday. The applicant may submit a written request to the Zoning Administrator to extend the plant hours, if needed. 11. Applicant must secure a sanitary permit for the new pre-cast facility from the Zoning Office prior to commencing onsite construction. 12. Appliclant must submit information as requested by the Land and Water Conservation Department. LWCD must also review and approve the submitted information before Special Exception is valid. 8 13. Any change (or addition) in use, or expansion of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 14. The applicant shall have one (1) year from the issuance of the special exception permit ',to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 15. This Special Exception Permit to be reviewed in one year by the Board of Adjustments under "Other Business". Review will include the traffic analysis study of the Highway 65/ 1-94 corridor. 16. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Article Three Emerald Dairy, LLC/ John Vrieze Motion by GoIZ, second by Speer to approve request for expansion of Emerald Dairy and to include Ecofuels operation based on the following findings: 1) The Town of Emerald has approved of the request. 2) The Land and Water Conservation Department has reviewed and approved of the request. 3) No public opposition was expressed. 4) The Board found this to be a professionally designed, state of the art facility. 5) The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1.) This permit allows Emerald Dairy to maintain a maximum of 3,400-dairy cows onsite and to incorporate the Ecofuels technology to handle and treat the manure from this facility. Ecofuels is incidental and secondary to the existence of Emerald Dairy. The Ecofuels Facility is only allowed to treat the manure from this facility. 2.) Manure Handling a. The entire nutrient management plan and conservation plan shall be reviewed by the St. Croix County Land and Water Conservation .Department two years from the date of issuance of the county special exception permit and annually thereafter. b. A thorough review of the manure handling system shall be conducted by the St. Croix County Land and Water Conservation Department annually to insure that the system meets or exceeds industry standards. c. ,Buffer strips must be established at the agreed upon widths at the ;locations defined by the crop consultant with concurrence of the St. Croix County Land and Water Conservation Department within one year of the issuance of permit. d. Soil sample size shall be brought into compliance with the one sample ,per five-acre recommendation within three years of the date of issuance of the county special exception permit. Flow monitors shall be installed by owner on all liquid manure applicator equipment. The devices shall be calibrated and certified annually by a licensed inspector at owner's expense. A copy of the certificate of calibration shall be provided to the zoning office. Flow rate data shall be retained for periodic review by the St. Croix County Land and Water Conservation Department. 9 e. The St. Croix County Land and Water Conservation Department shall be notified at least five days prior to pumping of storage facilities. f. Winter spreading shall be limited to no more than 30 days on sites approved by the St. Croix County Land and Water Conservation Department, excluding bedding pack. g. The leak detection system shall be inspected annually by owner, commencing on the first anniversary of the date of issuance of the county special exception permit . If a leak is suspected, then an investigation to find the source will be conducted by the owner's engineer. h. Any additional nutrients to be applied above rates designated within the plan must be approved by the St. Croix County Land and Water Conservation Department. Above designated rates may be allowed in order to build soil test phosphorous levels to the optimum level or in order to fertilize for a higher approved yield goal. 3.) An environmental bond/insurance policy for Emerald Dairy/Ecofuels shall be submitted to the St. Croix County Zoning Department in the amount of 2.2 cents per gallon multiplied by the total gallons of manure storage capacity of this facility (existing and proposed). Gallons calculated include all reception pits, transfer systemjs and storage facilities. This bond shall be in effect for the life of this operation and/or as long as the lagoons or other storage facilities contain manure. The bond will be released by the county if the operation ceases and the lagoons and other storage facilities are empty. This bond shall cover the cost of pumping, hauling, and spreading of manure from the lagoons, and abandonment of all manure storage facilities to protect) the public and/or the environment. This bond is to be submitted prior to commencing construction on site. 4.) A construction schedule shall be submitted to the Zoning Office prior to commencing any construction. 5.) The barns shall not be populated until all environmental issues are addressed adequately and permits received (i.e. manure system, storm water management, seedings, leachate collection...). The St. Croix County Land and Water Conservation Department shall make this determination. 6.) An approved manure storage pad for the existing barn shall be constructed within one year of the date of issuance of the county special exception permit to deal with frozen manure unless an alternative method of managing frozen manure is approved by the St. Croix County Land and Water Conservation Department. 7.) Transfer chamber #6 shall be an adequate distance away from the existing collection manhole to prevent damage to the clay liner around it. 8.) Duplex's pumping shall be installed in transfer chamber #5. 9.) A circle drive shall be installed for the Ecofuels pad. 10.) A desiIned spillway shall be installed in the leachate collection area of the commodities pad. 11.) At the completion of the project a complete as-built plan of the facility, along with typed field notes containing inspection dates and summary of all inspections, must be submitted to the St. Croix County Zoning and Land and Water Conservation Departments. 12.) This county special exception permit must be renewed by the Board of Adjustment at the same time the Department of Natural Resources reissues the Wisconsin Pollution Discharge Elimination System (WPDES) permit. (December, 31 2004). 10 13.) All other required permits (federal, state) must be applied for and received prior to commencing any construction, excluding the WPDES permit. 14.) The owner shall comply with the engineer designed and approved facility plans as approved by the St. Croix County Board of Adjustment, Zoning Office and Land and Water Conservation Department. 15.) Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 16.) The Sty Croix County Land and Water Conservation Department and Zoning Office have the ability to make additional recommendations and conditions if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 17.) The owner shall secure a land use permit from the Zoning Office for the animal storage facility prior to commencing site construction. ($125.00 permit fee) 18.) All extorior lighting related to Emerald Dairy and Ecofuels shall be shielded and illuminated downward. 19.) The dry run south of the construction site shall be evaluated by the Zoning Department this spring after snowmelt to determine if it's navigable or not. If the Zoning! Department deems the dry run navigable then the applicant must follow the appropriately engineered design. 20.) Accepting this decision means that the applicant has read, understands, and agrees;to all conditions of this decision. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. A motion was !made by Speer, second by Golz to adjourn at 5:20 p.m. Motion carried. Respectfully submitted: 1~J ! 2~ fC ~ i~ c ecretary Jud ahler, e ording Sec tary 11