HomeMy WebLinkAbout008-1018-10-530
" i SA.ROIX COUNTY
f~~ WISCONSIN
ZONING OFFICE
N I N O N u u VISION ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
Y--- m (715) 386-4680 FAX (715) 386-4686
May 23, 2001 File Ref: 20-91
Mr. Donald Clark
Cedar Corporation
604 Wilson Avenue
Menomonie, WI 54751
Re: Board of Adjustment Decision
Dear Mr. Clark:
At its meeting of April 26, 2001, the St. Croix County Board of Adjustment reviewed the
special exception permit (20-91) that was granted to Anderson Excavation in 1991,
including the new boundaries of the clean fill/demolition site. The Board unanimously
voted to approve the boundaries for the Anderson Excavating pit to be contained within
Outlot 2, on the Certified Survey Map that was approved by the St. Croix County
Planning, Zoning and Parks Committee on March 27, 2001 (copy attached). This letter
should be kept on file with the original Special Exception Permit issued in 1991.
Should you have any questions or concerns, please do not hesitate in contacting me.
Since ly,
r
Steve is
Zoning Director
dz
Enclosure
cc: Clerk, Town of Eau Galle w/enclosure
Anderson Excavating w/enclosure
File
~r-r A CROIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
N~Npp
1101 Carmichael Road
Ok Hudson, W154016-7710
(715) 386-4680 Fax (715) 381-4686
March 30, 2001
Mr. Donald Clark
Cedar Corporation
604 Wilson Avenue
Menomonie, WI 54751
Dear Mr. Clark:
At the March 27 meeting of the Planning, Zoning, and Parks Committee, conditional
approval was given to the two lot minor subdivision you submitted for Anderson
Excavating. The lots are located in the NW % of the SE % of Section 6, T28N-R16W,
Town of Eau Galle.
The conditions of approval are that the Special Exception Use permit, granted in 1991 by
the Board of Adjustment, be returned to the Board to review and if necessary, redefine
the boundaries of the permit. Please contact Rod Eslinger, Zoning Specialist, at
715.386.4680 to determine the date this matter will be scheduled as Old Business with
the Board of Adjustment.
This will not delay final approval of the certified survey map. You may present the
original map to the Zoning Office for the final stamp of approval.
Should you have questions or concerns, please feel free to contact this office.
Sincerely,
Mary J. Jenkins
Assistant Zoning Administrator
C: Anderson Excavating
Clerk, Town of Eau Galle
File
REC"
a
(1rr. 0 1 2001 ' ,Dam
00 ST CROIX
COUNTY '
ZOMNGOFFlCE
/ C.)
~ g
CERTI - ED SURVEY MAP NO.
VOLUME , PAGE
LOT 2, CERTIFIED SURVEY MAP NO. 1123, VOLUME 4, PAGE 1123,
LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4,
SECTION 6, TOWNSHIP 28 NORTH,- RANGE 16 WEST,
TOWN OF EAU GALLE, ST. CROIX COUNTY, WISCON C 0 ryiy•
~ .
LEGEND
*
PREPARED FOR': LD M.
GOVERNMENT CORNER (AS NOTED) OONa1 IN. s
ANDERSON EXCAVATMlc ~ CLARK I
120 USN 12 E s 5,1580 =
SALDWK W 54002 • FOUND 3/4• REBAR MENOMONIE, i
DRAFTED 6Y: ° SET. 3/4'X REBAR ~_s~ Vlry ,r 3'
WEIGHING 1.502 LBS.
' DONALD U. CLARK PER LINEAL L FOOT.
~
O RECORDED AS
ti~~
I UNPLAWED LANDS
„s88roo•38•E~ 55TH AVE. 11nr, sEl PT. OF BEG.
N88 07'32•W~ tl Nw COR NE-SE
1~ 7'32'E 2634.82
793.12' - --1
COR. OF SE 1/4 -
t
SEC.6. T26N. R16W 1317.41' f~
FNO. AWM. CAP p n r /
X b SE78 u O a ?W5r W EAST 1/4 CORNER
4 'L/ FFNNO 6i M CAP W
196,22 SO. FT. 1, -9"~ m $
N (4 SOIACRES) m~
189,950 S0. FT. LESS RWI N
(4.36tA RES) LESS R f/
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SCALE: 1"=200' m W =
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CEDAR CORPORAnON
604 MASON AVENUE
M 54751 PACE / OF 2
(r5 233-9061
1
State of Wisconsin DEPARTMENT OF NATURAL RESOURCES
IMMOF RAL RESOURC ES 2004 Highland Avenue
Eau Claire, WI 54701-4346
Carroll D. Besadry TELEPHONE 715409-S T7
se"etary
January 15, 1992 File Ref: 4400
Mr. Robert Anderson
Anderson Excavating
120 Highway 12 East
Baldwin, WI 54002
Dear Mr. Anderson:
Based on my January 8, 1992 inspection of your proposed demolition disposal
site located in the NA of the SE4 of Section 6, T28N, R16W, Town of Eau
Galle, St. Croix County, Wisconsin, and our discussion concerning the Baldwin
School demolition project, it is the opinion of the Department that this site
can be operated in compliance with Department regulations if the conditions of
the attached approval are followed.
Licenses are not issued for one-time disposal operations. Please review the
attached report to determine if it accurately sets forth the details of your
proposal. Approval by the Department does not relieve you of the legal
obligation to meet all other state and local permit, zoning and regulatory
requirements.
If you have any questions, please feel free to contact me at (715) 839-3768.
Sincere 1''
~ Cack',S. Tritt
nmental Specialist
JST/jh
Enclosure
c: Dave Lundberg
SW/3
Chairman, Town of Eau Galle 9
--O-oTom Nelson, St. Croix County Zoning Administrator ~O
C' ~ r
(0 r3
ZO~acp ~ ~ N
EXH~eiT
I~
i i
BEFORE THE
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
CONDITIONAL APPROVAL FOR A
ONE TIME DISPOSAL FACILITY
FINDINGS OF FACT
The Department finds that:
1. Anderson Excavating has proposed to establish and operate a one-time
disposal operation for the disposal of demolition material as defined by
NR500.03(31). The proposed facility is located in the NWT of the SEA of
Section 6, T28N, R16W, Town of Eau Galle, St. Croix County, Wisconsin.
Anderson Excavating is an excavating company owned by Robert Anderson of
Baldwin, Wisconsin.
2. On January 8, 1991, a site inspection was completed at the proposed
location of the disposal site. The property is owned by Robert
Anderson. Four backhoe test pits were excavated on the property to
document a 10 foot separation distance between waste materials and
bedrock or groundwater. Silty clay soils were noted and no groundwater
or bedrock was encountered.
3. The proposed site is presently a fallow field south of a small soil
borrow site. The landfill will be less than one-half acre in size and
will be limited to less than 10,000 cubic yards of material resulting
from the razing of a school building owned by the Baldwin School
district and will not exceed a six month life span.
4. The proposed site meets the locational and performance standards
specified in NR502.04 Wisconsin Administrative Code with the exception
of NR502.04(2)(f).
5. A compacted two foot soil cap with a six inch layer of topsoil is
proposed as final cover.
6. The special conditions set forth below are necessary to assure that the
proposed demolition landfill will meet the requirements of NR502.12.
7. The special conditions set forth below are necessary to assure that the
proposed demolition landfill will meet the requirements of NR502.12 and
that the facility will not pose a substantial hazard to public health or
welfare.
CONCLUSIONS OF LAW
1. The Department has promulgated section NR502.12, Wis. Adm. Code,
establishing minimum standards for one time disposal facilities, under",
the authority of s.144.435(1), Stats.
2. The Department has authority under s.144.44, Stats., to approve
proposals with special conditions if the conditions are needed to ensure
compliance with Chapter NR502, Wis. Adm. Code.
3. If the conditions of approval set forth below are complied with, the
facility will meet the requirements of Section NR502.12, Wis. Adm. Code.
4. In accordance with the foregoing, the Department has authority under
s.144.44, Stats., and Section NR502.12, Wis. Adm. Code, to issue the
following conditional approval.
The Department hereby approves the project proposed by Anderson Excavating for
a one-time demolition disposal facility, subject to compliance with the
provisions of Section NR502.12, Wis. Adm. Code, and the following conditions:
1. The types of waste to be disposed of shall be limited to demolition and
construction material as defined by Chapter NR500.03(31); i.e., solid
waste resulting from the construction, demolition or razing of
buildings, roads and other structures. Demolition and construction
material typically consists of concrete, bricks, bituminous concrete,
wood, glass, masonry, roofing, siding, and plaster; alone or in
combinations. This material does not include asbestos, waste paints,
solvents, adhesives, or similar materials. In addition, disposal of
building furnishings, appliances, and tires at the facility is not
allowed.
2. A 10 foot separation distance shall be maintained between waste and
bedrock or groundwater.
3. The disposal capacity of the operation is limited to less than 10,000
cubic yards. The length of time required for completion of the filling
is six months.
4. No burning of solid waste shall be conducted.
5. The site shall be operated and maintained in a nuisance free manner.
6. Final closure of the site shall include placement of a two foot soil cap
beneath a six inch topsoil layer followed by seeding of the final
surface.
7. The Department shall be notified within 7 days after the project has
been completed.
8. The Department may withdraw or modify its approval for disposal at this
site if unauthorized waste types are allowed to be disposed of or if the
site is found to be operating in a way inconsistent with this approval
and Chapter NR502.12, Wis. Adm. Code.
9. The Department retains jurisdiction to further modify this approval or
require the submittal of information at any time if conditions warrant.
NOTIFICATION OF APPEAL RIGHTS
If you believe that you have a right to challenge this decision, you should
know that Wisconsin statutes and administrative rules establish time periods
within which requests to review Department decisions must be filed. For
judicial review of a decision pursuant to sections 227.52 and 227.53, Stats.,
you have 30 days after the decision is mailed, or otherwise served by the
Department, to file your petition with the appropriate circuit court and serve
the petition on the Department. Such a petition for judicial review shall
name the Department of Natural Resources as the respondent.
This notice is provided pursuant to section 227.48(2), Stats.
DATE: 0 % DEPARTMENT OF NATURAL RESOURCES
For Lhe re tary
a k Tritt
E vironmental Specialist
a
t
State of Wisconsin DEPARTMENT OF NATURAL RESOURCES
Eau Claire Area Office Carroll D. Besadny, Secretary
2004 Highland Avenue
Eau Claire, Wl 54701
May 10, 1991 File Ref: 4400
Mr. Bob Anderson
Anderson Excavating
120 Highway 12 East ,
Baldwin, WI 54002
Dear Mr. Anderson:
On May 6, we met at your property located in the NW14 of the SE3% of Section 6,
T28N, R16W, Town of Eau Galle, St. Croix County, Wisconsin to discuss the
Department's requirements for operating and maintaining a disposal site for
demolition and construction debris as defined by Wisconsin Administrative Code
NR500.03(31). As a result of our discussions, you indicated that it would be
to your best interest not to use the area for the disposal of demolition and
construction debris but to continue to use the property for the burial and
storage of concrete, brick, stone and bituminous asphalt.
The disposal and storage of concrete, brick, stone, bituminous asphalt, stumps
and brush does not require Department approval but must comply with the
locational and performance standards set by Wisconsin Administrative Code
NR502.04(2) and (3).
Based on the type of material being brought into the site and an inspection of
the property on May 6, it is the opinion of the Department that no formal
approval is required and continued use of the pit for the storage and/or
disposal of concrete, brick, stone, bituminous asphalt, stumps and brush is
acceptable. Please be reminded that you are responsible for obtaining any
local or county permits that may be required.
If have any questions, please contact me at (715) 839-3768.
Since ely, r f
Jack S. Tritt $ 9
Environmental Specialist
O
Co
JST/jh~~ _
mom Nelson
Arthur Jensen, Chairman, Town of Eau Galle
(c`
F7 Z ~
• i
DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 0-9 Z D" q l
Filing Date: 3-29-91
Notice Dates: Weeks of April 8 & 15 1991 C(Dpr
Hearing Date: April 25, 1991
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Anderson Excavation, Inc.
120 Hwy. 12 East
Baldwin, WI 54002
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: NW 1/4 of the SE 1/4 of Sec. 6, T28N-R16W, Town of Eau
Galle, St. Croix Co.
3. The property is presently used for: Gravel pit.
4. The applicant or appellant proposes:
5. The applicant or appellant requests: Special exception permit
a. An appeal of the zoning Administrator's determination.
* b. A special exception permit.
c. A variance
Under section 17.15(6)i of the ordinance.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal are:
Site currently is an abandoned gravel pit which has capacity to
hold demolition materials.
CONCLUSIONS OF LAW
Based on the above finding the fact the Board concludes that:
SPECIAL EXCEPTION - The application for a special exception use
permit does qualify under the cariteria of Section 17.15(6)(i) of
1
the ordinance because demolition uses are permitted by special
exception.
ORDER AND DETERMINATION
The basis of the above finding of fact, conclusions of law and
the record in this matter the board orders:
VARIANCE/SPECIAL EXCEPTION - The requested special exception is
granted subject to the following condition.
1) DNR permits are obtained
Motion to by Bradley, seconded by Menter. Motion carried.
Vote: Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes and
Bradley, yes.
This decision may be appealed by filing an action in certiori in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF APPEALS/ADJUSTMENT
Date:
Signe Filed:-5-15-91
Chairper on
cc: Town Clerk and file
2
Pl ` ` FORM NO. 9855-A
/
H.G Rlllktr
26273 645468
; - 2001 '
sr. cROix couN
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suRV10i;s rrrcoro N
CERTIFIED SURVEY MAP NO. 4014
VOLUME is PAGE 4084
LOT 2, CERTIFIED SURVEY MAP NO. 1123, VOLUME 4, PAGE 1123,
LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHEAST 1/49
SECTION 6, TOWNSHIP 28 NORTH, RANGE 16 WEST,
TOWN OF EAU GALLS, ST. CROIX COUNTY, WISCONSIN
LEGEND COS#F
PREPARED FOR lj~- GOVERNMENT CORNER (AS NOTED)
ANDERSON EXCAVATING. DMALD M.
120 USH 12 E
BALDWIN, WI 54002 • FOUND 3/4" STEEL REBAR g~ a
0 SET,
STEE DRAFTED BY: WEGHING'r1 502 LBS.L REBAR ,'MEt~OMONIE, T
wl
DONALD M. CLARK PER LINEAL FOOT. '°e~.1=•~••~~ •~~~,.•V ~`.h
RECORDED AS w °~o .~••"fi y.{
13/ 1*1/
y/ w UNPLATTED LANDS
_ E 55TH AVE NORTH LINE OF NW-SE 8 PT. OF BEG.
$88'00'38"E • ~n NW COR. NE-SE
N88'07732"W - ^
$88.07'32"E `r°
793.12' W O 588.07'32"E 2634.82'
8 '56 58" 328
NW COR. OF SE 1/4 .32'
M ~3• u~ , pw to 1317.41'
SEC.6, T28N, R16W . M$ (0 / Oap 64.00'-
FIND. ALUM. CAP N N °v ~N3 N 87'56'58" W EAST 1/4 CORNER
rn 00' SETBACK LINE a, r~
F- / to
tr) o SEC.6, T28N, R16W
w w 2 M ti 32.00' Or- FND. 3/4" REBAR
N e S88.07'32"E Z I* $ in
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W OUTLOT 2 (s88•oo'3a"z)Q N v°/
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to C4,50±ACRES) _ n r c~D~ c _
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A PROYED- 94 1z .E 9%
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. CR01X COUNTY °a u a o
'fannionina and parks Committee 0 c - 0 3 ,
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MAY 14 Z001 SCALE: 1 "=200' ~ ; a
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If not recorded within 30 days of 0' 100' 200' 400'
approval date approval shall be I ,
null and void
DOT NUMBER 55-94-3085-2000
CEDAR CORPORATION
604 WILSON AVENUE
MENOMONIE, WI 54751
(715) 235-9081 Vol. 15 Page 4084 SHEET 1 OF 2
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