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HomeMy WebLinkAbout010-1023-40-000 ST. CR o lX T Y Land Use Planning & Land Information l/sew ~23' ' Resource Management Community Development Department July 1, 2013 File Ref- SE87842 Candy Anderson ~c C Monarch Paving Company Qp y 768 US Hwy. 8 Amery WI 54001 Re: Special exception request to renew a non-metallic mining permit operation located in sections 9 and 10, T30N, R16W in the Town of Emerald. Dear Ms. Anderson: The St.,_ Croix County Board of.-Adjustment (Board) has reviewed your application for a special exception per for a` non-metallic mining operation located at the property referenced above. After the hearing on June 27, 2013 the Board approved your special exception request with conditions. The enclosed document is the formal decision regarding the applications. 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, Alex Blackburn Land Use and Conservation Specialist Enclosure: Formal Decision cc: Barb Prinsen, Emerald Town Clerk, 2330 County Road G, Emerald, WI 54013 File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/Stcroixcountyw i cdd@co.saint-croix. wi. us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87842 Applicant: Candy Anderson agent for Mathy Construction Location: Sections 9 and 10, T3 ON, R16W in the Town of Emerald Hearing Notice Publication: June 10 and 17. 2013 Hearing Date: June 27, 2013 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 Mathy Construction Company, property owner and mine operator. 2. The site is located at the intersection of 240`h Street and 160'b Avenue in the NE '/4 of the SE 1/4 of Section 9 and part of the NW '/4 of Section 10, T29N, RI 8W, Town of Emerald, St. Croix County, Wisconsin. 3. The applicant filed with the Board of Adjustment an application to renew a special exception permit for an existing limestone quarry pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to the provisions of Section 14.3 A.6.a. of the 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. The applicant has no violations or complaints on record with the St. Croix County Cominunity Development Department and has complied with the conditions of the special exception permit last approved on June 26, 2008. 6. There is a financial assurance on file for $60,000. 7. The applicant has complied with annual reporting requirements and has paid annual nonmetallic mining reclamation fees through 2013. 8. This request would 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. With conditions to follow the reclamation plan and to not mine into the groundwater this request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the surrounding neighborhood. 10. With conditions for maintaining a 100-foot buffer around the perimeter of the mining operation, limiting the general hours of operation and requiring continued noise and dust abatement, the existing mining operation will not constitute a nuisance by reason of noise, dust, or other factor. 11. Due to the distance from the road this site is naturally screened. 12. The Town of Emerald recommends approval of this request. 13. Steve Olson, a Conservation and Land Use Specialist from the St. Croix County Land Resource Management Division, recommends approval of this request. 14. The Wisconsin Department of Natural Resources has not submitted a recommendation on this request. 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 the existing limestone quarry to continue as indicated in the plans submitted and as provided in the conditions below. Approval does not include any change or expansion in area, operations, or reclamation. This approval is valid for a period of five years and expires June 27, 2018, at which time it must be renewed pursuant to Section 14.3 A.6.a-b of the Nonmetallic Mining Ordinance. 2. The applicant shall continue to meet the conditions of the June 26, 2008 special exception decision, unless stated otherwise in conditions that are a part of this approval. 3. The reclamation plan shall be followed. 4. The mining operation shall not extend into the groundwater 5. The 100 foot buffer shall be maintained and corrected on the north and east side of the quarry. 6. Hours of operation shall be 6:00 am to 10:00 pm Monday through Friday. Any request to extend hours of operation must be submitted in writing and approved by the Zoning Administrator. 7. Dust control measures shall be implemented. 8. 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. 9. The applicants shall be responsible for adhering to all local, state, and federal rules, regulations, and permits during the life of the operation. 10. 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). 11. 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. 2  I I 12. 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. 13. 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: Chairperson Malick, yes; Peterson, yes; McAllister, yes; Sontag, yes; Nelson, yes; 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 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. ZO G BO F ADN N Signed: ~ Clarence W. Malick, Chairperson Date Filed: 07/01/13 3