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ST9 CROIX COUN
PLANNING & ZONING
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October 26, 2012 File Ref: SE87567
Roderick Rivard, et al
287 Old Scout Camp Road
r Houlton W154025
;3 Re: Special exception permit for a nonmetallic mine located in the SE 1/4 of the NE
1/4 and the NE %4 of the SE 1/4 of section 12, T30N, R20W and the SW 1/4 of the SW1/4
Code Administrati of section 7, T30N, R19W, all in the Town of Somerset
715-386-4680
Land Information &r Dear Mr. Rivard:
P71 86-4674
The St. Croix County Board of Adjustment (Board) has reviewed your application for a
Special Exception Permit for a nonmetallic mine located at the property referenced above.
Real P'90-erty
After the hearing on October 25, 2012, the Board approved your special exception request
715,6-46677 77
with conditions. The enclosed document is the formal decision regarding the application.
Rycling
t5-386-4675
L You must obtain any other required local, state, and federal permits and approvals. Should
you have any questions or concerns, please contact me at 715-386-4680.
Sincerely,
A ~l
x ;
Alex Blackburn
Land Use Specialist/ Zoning Administrator
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y, Enclosure: Formal Decision
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»K:; cc: Clerk, Town Somerset
Richard Marino, The Kraemer Company LLC, PO Box 235, Plain W153577
ST. CRO/X COUNTY Go vERNMENT CENTER 715386-4686 FAX
1 101 CARMICHAEL ROAD, HUDSON, W/ 54016
VWVW. CO.SAINT-CR01X.W1.US
PZC~CO.SAI/JT-CROlX. W. JS
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE87567
Applicant: Roderick Rivard et al
Agent: Richard Marino and Bob Jewell
Location: Section 12, T3 ON, R20W and section 7, T3 ON, R19W, in the
Town of Somerset
Hearing Notice Publication: October 8 and 15, 2012
Hearing Date: October 25, 2012
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law for the special exception;
1. The applicant is Roderick Rivard et al. The agents are Dick Marino and Bob Jewell from the Kraemer
Company LLC.
2. The site is located in the SE'/4 of the NE'/4 and the NE'/4 of the SE 1/4 of section 12, T3 ON, R20W and the
SW 1/4 of the SW 1/4 of section 7, T30N, R19W, in the Town of Somerset. Street address is 302 Old Scout
Camp Road.
3. The applicants filed with the Board of Adjustment an application to renew a special exception permit
for a non-metallic mining operation pursuant to Section 17.145(6)(g) of the St. Croix County Zoning
Ordinance and subject to the provisions of the St. Croix County Nonmetallic Mining Ordinance.
4. This request would not violate the spirit or general intent of the Ordinance since nonmetallic mining is
a permitted use in the Agricultural Residential District and is an industry that contributes to the
County's economic well being.
5. No mining is proposed below the groundwater table. All storm water will be managed on site. There
will be a 100 foot buffer maintained to the property to the north and west sides of the property along
with a berm on the west side to screen the active operation. The east and south sides are owned by the
Rivards. This site will be returned to a natural area with a permanent retention pond. With conditions
restricting any mining below the groundwater elevation, managing storm water onsite and maintaining
the 100 foot buffers on the north and west sides, maintaining the berm on the west side, limiting hours
of operation and implementing the reclamation plan, this request for continued mining operation would
not be contrary to the public health, safety, or general welfare or be substantially adverse to property
values in the surrounding neighborhood.
6. There will be a 100 foot buffer maintained to the property to the north and west side. Dust control
measures will be implemented. There are no smoke or odors generated. With conditions to maintain
the 100 foot buffers along with implementing dust control measures, this request for continued mining
operation would not constitute a nuisance by reason of noise, dust, smoke or odor.
7. Quieter back up alarms have been installed on the vehicles. Staff conducted an onsite inspection on
August 28 and the backup alarms were barely audible over the sound of the crusher and loader.
8. The proposed operation and reclamation plans comply with the provisions of Chapter 14, the St. Croix
County Nonmetallic Mining Ordinance.
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9. The Town of Somerset has recommended approval of this request.
10. Steve Olson from the LWCD has reviewed this application and made the following comments;
• The financial assurance was adequate for the 26.7 un-reclaimed acres.
• The required 6-foot high shrubs and evergreens on the north berm are around 3-4 feet tall.
• The stockpile that is visible from the St. Croix River has been lowered as required for the last
permit renewal.
11. The Wisconsin Department of Natural Resources requested that no mining occurs within the wetland in
the NE 1/4 of the SE 1/4 of section 12, T3 ON, R20W. Staff reviewed the file and this wetland was
determined to be a manmade pond by the DNR in 2002.
12. A performance bond for reclamation of the site for $105,860 is on file.
13. The applicants have complied with the following conditions of their 2007 renewal;
• Submitting a financial assurance.
• Rezoning of the property where the scale house, scale and fuel tank are located.
• The installation of less audible back up alarms.
• Lowering the elevation of the stockpile that was visible from the river.
• The other standard permit conditions.
14. The following condition was partially complied with;
• Planting 646ot high evergreen trees on the north berm. Some evergreen trees were
planted, however they are only 3 to 4 feet high.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment
approves the special exception request with the following conditions;
1. This special exception approval allows applicants to mine approximately 20,000 to 30,000 yards of
sand and gravel annually. Approval does not include any change or expansion in area or operations.
This approval is valid for a period of five years and expires in September of 2017, after which time it
must be renewed pursuant to Section 14.3 A.6.a-b of the St. Croix County Nonmetallic Mining
Ordinance.
2. The mining operation shall not extend into the groundwater
3. Storm water shall be managed on-site.
4. The 100-foot buffer on the north and west of the mined area shall be maintained.
5. The berm screening the active mining operation shall be maintained. No water shall be allowed to
collect against a berm that has an outside boundary.
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6. Hours of operation shall be 7:00 am to 6:00 pm Monday through Friday. Any request to extend hours
of operation must be submitted in writing and approved by the Zoning Administrator.
7. Reclamation plans shall be followed to reclaim areas once mining operations are complete.
8. Dust control measures shall be implemented.
9. Additional 6-foot tall trees shall be planted on the north berm, with the goal of obtaining 80% opacity
to neighbors.
10. Upon complaints of regularly occurring, excessively loud noise or complaints of dust at any time, the
applicants shall work with the Zoning Administrator to abate the problem. In the event that the matter
cannot be resolved administratively, the matter shall be taken before the Board of Adjustment at a
public hearing. Low volume back up alarms shall be used when there is no crushing involved.
11. The applicants shall be responsible for adhering to all local, state, and federal rules, regulations, and
permits during the life of the operation.
12. Upon any change in ownership or operation of the mine, the applicants shall submit to the Zoning
Administrator the name and contact information of the owner and primary mine operator. The operator
shall comply with all of the general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14 - Nonmetallic Mining Ordinance (unless varied per conditions).
13. Any minor change (or addition) in area or use beyond what is shown or indicated in the plans shall
require prior review and approval by the Zoning Administrator. Major changes shall require the special
exception approval process, as stated in the Ordinance.
14. These conditions may be amended or additional conditions may be added if unanticipated
circumstances 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.
15. Accepting this decision means that the applicants and all property owners have read, understand, and
agree to all conditions of this decision. In addition, the applicants agree to have staff conduct
unannounced site inspections.
The following vote was taken to approve: Hurtgen, yes; Chairperson Malick, yes; Peterson, yes; Nelson, yes;
McCallister, absent. All vote yes, motion carries.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the
filing date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no
responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix
County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment
proceedings, which resulted in this decision, was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript
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of the Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be
contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to
submit its record (file) of this matter to the circuit court.
ZONING BOARD OF JUSTMENT
Signed: Clw, / ~ q i f,-k R
Clarence W. Malick, hairperson
Date Filed: 10/26/12
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