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PLANNING ZONING
July 31, 2007 File Ref. SL0120
Benny Stenner
The Kraemer Company, LLC
820 WachterAvenue
PO Box 235
Plain, W153577
Code Admmistraw- Re: St. Croix County Special Exception Renewal for Nonmetallic Mining
715-386-4680 Parcel #s: ; -.'0.'0.759 and 12.30.20.765, Town of Somerset
Land Information Dear Mr. Stenner:
Planning
715-386-4674
The St. Croix County Board of Adjustment (Board) has reviewed your special exception
Real Pr9 g~ :y request to continue the nomnetallic mining operation at the Rivard property referenced
715A -4677 above in the Town of Somerset. After the hearing on July 26, 2007, the Board approved
the special exception request with conditions. The enclosed document is the formal
Ril.5-3 6-4675 decision regarding the application. Please note in the findings and conditions that this
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special exception approval also applies to the mining activities conducted by Rivard
Stone, Inc.
Your 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,
Jenny Shillcox
Land Use Specialist/ Zoning Administrator
Enclosure: Formal Decision
cc: Mike Rivard, Rivard Stone, Inc. and Lowell and Virginia Rivard Family Trust
Clerk, Town of Somerset
Steve Olson, St. Croix County Land and Water Conservation Department
Jim Devlin, Wisconsin Department of Natural Resources
Tom Bradley, National Park Service
ST. CROIX COUNTY GOVERNMENT CENTER - 71 y,3g6-466b FAX
1 101 CA.RMICHAEL ROAD, HUDSON, WI 54016
P'CPCO._SAP T-CRUIX. Wl. US
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0126
Applicants: Lowell and Virginnia Rivard Family Trust, property owners
The Kraemer Company, LLC, mine operators
Parcel ID #s: 12.30.20.759 and 12.30.20.765
Complete Application Received: June 4, 2007
Hearing Notice Publication: Weeks of July 8 and 15, 2007
Hearing Date: July 26, 2007
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board makes the
following findings of fact and conclusions of law:
1. The applicants are the Lowell and Virginia Rivard Family Trust, property owners, and The Kraemer
Company, LLC, mine operators.
2. The site is located off of Old Scout Camp Road in the SE '/4 of the NE '/4 and the NE '/4 of the SE !'4 of
Section 12, T30N, R20W, Town of Somerset; St. Croix County, Wisconsin.
3. The applicant filed with the Board of Adjustment an application to renew a special exception permit to
continue an existing non-metallic mining operation pursuant to Section 17.15(6)(g) of the St. Croix
County Zoning Ordinance and subject to the standards in Sections 14.3 A.I.d. and 14.3 A.6.a. of the St.
Croix County Nonmetallic Mining Ordinance.
4. The Kraemer Company currently operates the Rivard Quarry under a special exception permit that was
approved by the Board of Adjustment on September 26, 2002. The Rivard family has operated a portion of
the operation for over 40 years. In Finding #4 of its 2002 special exception decision, the Board of
Adjustment found the operation to be exempt from Section 17.15(6)(g) of the St. Croix County Zoning
Ordinance because it pre-dated the Ordinance, but not exempt from Chapter 14, the Nonmetallic Mining
Ordinance (then referred to as Ordinance No. 226(89)). The next finding concluded that the request was
for the expansion of the existing nonmetallic mining operation. The Board finds that the operations of
The Kraemer Company, LLC and Rivard Stone, Inc. are integrated and combined constitute an expansion
of the original operation pursuant to Section 17.70(4)(a)(2) of the Ordinance, and that Section 17.15(6)(g)
of the Zoning Ordinance applies to all nonmetallic mining activities at the site.
5. The conditions of the Board of Adjustment's September 26, 2002 approval have been met at follows:
Condition #1 stated that approval would not be valid until The Kraemer Company satisfied the
concerns of the St. Croix County Land and Water Conservation Department. The Land and Water
Conservation Department verified in an October 31, 2002 letter to the Zoning Administrator that all
concerns had been resolved, except for the fueling of the crusher. It was recommended that when
the crusher is being refueled, absorbent pads be placed under the fuel tank to capture any potential
spills. The applicants informed staff that when a crushing plant is at the quarry, the fuel tank is
located inside a trailer as part of the electric generator unit. Absorbent pads are part of the spill
prevention program and are only used in the event of an incident.
Condition #2 requires a six-month notification prior to the expiration of the permit. The applicants
complied with this condition, but are requesting that the condition be eliminated in the future. This
request to eliminate prior notification is reasonable and consistent with conditions required of other
approved nonmetallic mining operations.
Condition #6 limited hours of operation for The Kraemer Company to 7:00 AM to 6:00 PM Monday
through Friday. As part of the renewal request, the applicants are proposing to start general hours of
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operation one hour earlier from 6:00 AM - 6:00 PM. Based on the recommendations of the Town of
Somerset and the National Park Service that the hours not be extended and noise be mitigated to
address complaints from neighbors, and based on complaints that the Planning and Zoning
Department has received, the Board does not support this request.
Condition #6 also limits the hours of operation for Rivard Stone to conduct retail sales in the shop and
quarry from 7:00 AM - 6:00 PM on Saturdays. Hours at the shop are now subject to the conditions of
the special exception permit approved by the Board of Adjustment for Rivard Stone to operate the
shop in the Commercial District on April 27, 2006.
Condition #13 stated that a wash pit was not allowed until a design was submitted and approved by
the County. The Zoning Administrator approved the design for the existing wash pit on February 17,
2004.
Condition #14 required financial assurance in the amount of $20,000 for site reclamation based on an
estimate of $1,000 per acre. The St. Croix County Planning and Zoning Department currently has a
letter of credit on file for this amount. To date, the unreclaimed acreage on the site is estimated at 32
acres, and the Board finds $1,000 per acre to be insufficient based on today's costs.
The Kraemer Company has complied with all other- conditions of the 2002 special exception
approval.
6. Within the past five years, the St. Croix County Planning and Zoning Department has received several
complaints about the operation. The Kraemer Company has been responsive and worked with staff to
resolve the complaints:
In June 2005, nearby property owners complained regarding problems with storm water runoff.
Staff from the Planning and Zoning Department and the Land and Water Conservation Department
worked with The Kraemer Company and other related agencies to resolve these issues. Stone water
runoff problems were found to be related to the construction of State Highway 35/64 to the east and
not caused by the reining operation.
In July 2005, the National Park Service complained about the visibility of a stockpile from the St.
Croix River. The Kraemer Company addressed the concern by reducing the elevation of the
stockpile to the maximum extent practicable and seeding it with vegetation.
In May 2007, a property owner to the northeast complained regarding noise from the equipment.
The Kraemer Company is in the process of acquiring two new models of backup alarms to install
on its equipment, and will conduct field studies to determine if they reduce noise generated from
the site. Alarms must be installed per MSHA requirements.
7. The Kraemer Company has complied with annual reporting requirements and has paid annual
nonmetallic mining reclamation fees through 2007.
8. This request does not violate the spirit or general intent of the Ordinance since nonmetallic mining is a
permitted use in the Ag Residential District and is an industry that contributes to the County's
economic well being.
9. The scale, scale house, and fuel storage tank are located on an adjoining parcel to the southeast that is
zoned Agricultural and owned by the Rivard family. Nonmetallic mining operations are not allowed in the
Agricultural District unless for agricultural purposes. With a condition to move the scale or rezone the
parcel to Ag Residential and add it to the boundaries of the approved mine, the entire operation will
comply with the requirements of the St. Croix County Zoning Ordinance and Nonmetallic Mining
Ordinance.
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10. With conditions ensuring absorbent pads for refueling the crusher, maintaining bernis and a 100-foot
buffer around the perimeter of the operation, and the submittal and approval of a landscaping plan to
better screen the stockpiles and disturbed area of the mine from the St. Croix River, the mining
operation will not be contrary to the public health, safety, or general welfare or be substantially adverse
to property values in the surrounding neighborhood. According to the operation plan, no mining or
reclamation activities are proposed below or within the groundwater. Mining will continue to progress
to the south at approximately the same rate of removal and traffic is not expected to change or increase.
Storm water and other wastewater discharge is being addressed as part of the WPDES General Permit.
The site will be restored to conditions similar to the surrounding area.
11. With conditions limiting the hours of operation and continued noise and dust abatement, the existing
mining operation will not constitute a nuisance by reason of noise, dust, or other factor. The mine
operation is surrounded by undeveloped agricultural croplands and low-density residential development.
The two closest residences are 900 feet from the northern boundary of the mine. The applicant is planning
to install and monitor new alarm systems on equipment and is not proposing any expansion to the
operation.
12. The Town of Somerset recommends approval of this request and also recommends that the start time
remain the same at 7:00 AM and that the six-month notification prior to permit expiration as required
by Condition #2 of the 2002 special exception permit be at the discretion of the County.
13. The Land and Water Conservation Department has reviewed the application and finds the reclamation
plan to be adequate but the amount of financial assurance for reclamation to be insufficient.
14. Mr. Bernard Stenner, The Kraemer Company, LLC, testified at the hearing that the operation required
no more than 32 acres to be open at any time.
15. The Wisconsin Department of Natural Resources has not submitted a recommendation on this request.
The applicants have a Chapter NR 216 Storm Water Discharge WPDES Permit.
16. The National Park Service has reviewed the application and recommends that the bluff along the northern
property line be planted with native vegetation to screen the disturbed area and protect the scenic view
shed of the St. Croix National Scenic Riverway; the erosion control installation be improved and made
available to appropriate agencies for continued inspection to ensure that runoff from the mining operations
is not entering the St. Croix River; and noise mitigation measures be taken to address complaints from
neighbors about disagreeable noise levels from aggregate processing.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the
special exception renewal request, with the following conditions:
1. This special exception approval allows The Kraemer Company, LLC and Rivard Stone, Inc. to continue
operating the existing limestone quarry and sand and gravel operations as indicated in the plans
submitted and as provided in the conditions below. Approval does not include any change or expansion
in area or operations. This approval is valid for a period of five years and expires July 26, 2012, after
which time it must be renewed pursuant to Section 14.3 A.6.a-b of the Nonmetallic Mining Ordinance.
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The applicants do not need to submit a six-month notification to the Zoning Administrator prior to the
expiration of the permit.
2. Rivard Stone, Inc. or any other interested party may request a reconsideration of this decision 15 days
prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix
County Board of Adjustment Rules and By-Laws.
3. Within 60 days of this approval, The Kraemer Company shall submit to and have approved by the
Zoning Administrator appropriate financial assurance for the existing 32 un-reclaimed acres on the site
pursuant to Section 14.7(A)l of the St. Croix County Nonmetallic Mining Ordinance. Sitc reclamation
shall proceed according to the reclamation plan.
4. Within 90 days of this approval, The Kraemer Company shall submit to and have approved by the
Zoning Administrator a landscaping plan featuring additional native vegetation along the top and
riverward face of the northern berm. Vegetation planted along the top and face of the berm shall feature
native evergreen trees and shrubs at a minimum height of six feet consistent with the vegetation
management standards for the Lower St. Croix Riverway District outlined in Section 17.36 H.B. of the
St. Croix County Zoning Ordinance. By June 1, 2008, the applicants shall reduce the elevation of the
stockpiles to a height that does not protrude above the top of the northern berm as viewed from the
centerline of the St. Croix River at the railroad trestle to north. No st ckpiles shall exceed this standard
in the future. :3 , if ( ~ 1L
5. Within 120 days of this approval, the applicants shall apply to rezone the adjacent parcel housing the
scale, scale house, and fuel storage tank from Agricultural to Ag Residential, or move the facilities to
the 80-acre parcel approved and properly zoned for nonmetallic mining operations. In the event that the
parcel is rezoned, it shall be included in the total acreage approved for [Wining activities and all records
shall be updated to reflect the added acreage.
6. The applicants shall continue to meet the conditions of the September 26, 2002 special exception
decision, unless stated otherwise in conditions that are a part of this approval.
7. The applicants shall continue to adhere to all local, state, and federal rules, regulations, and permits
during the life of the operation.
8. The operators shall continue to abate dust and noise and protect surface and groundwater in accordance
with the plans submitted as part of this application. This shall include the development of a traffic plan
to minimize backing up of vehicles with backup alarms both at the quarry and at the scale. The
operators shall make reasonable efforts to reduce the volume and pitch of the backup alarms while
maintaining sufficient safety and meeting all required standards. Upon complaints of regularly
occurring, excessively loud noise, the applicants shall work with the Zoning Administrator to resolve
the problem. In the event that the matter cannot be resolved administratively, it shall be taken before the
Board of Adjustment at a public hearing. Existing conditions may be amended or additional conditions
may be added by the Board of Adjustment to address these issues or any other unanticipated
circumstances that would affect the health and/or safety of citizens or degrade the natural resources of
St. Croix County.
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9. Hours of operation for all mining activities shall not extend beyond 7:00 AM - 6:00 PM Monday -
Friday. The operators may submit a written request for extended hours to the Zoning Administrator for
prior review and approval.
10. When the crusher is refueled, absorbent pads shall be placed under the fuel tank to capture potential
spills.
11. Upon any change in ownership or operation of the mine, the applicants shall submit to the Zoning
Administrator the naive 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),
12. Any minor change (or addition) in area or use beyond what is shown in the plans shall require review
and approval by the Zoning Administrator. Major changes, including but not limited to mining below
the groundwater table, shall require the special exception approval process, as stated in the Ordinance.
13. 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.
14. Accepting this decision means that the applicants and Rivard Stone, Inc. have read, understand, and
agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Struernke, yes; McAllister, yes. Luckey
was not present.
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
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 ADJUSTMENT
Signed: ~U
Clarence W. Mali , Chairpers
Date Filed: 05/31/07
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