HomeMy WebLinkAbout024-1041-40-000 r' 1 S-kROIX COUNTY
a, WISCONSIN
�. ZONING OFFICE
w4 ti ST. CROIX COUNTY GOVERNMENT CENTER
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1101 Carmichael Road
Hudson, WI 54016-7710
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FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 9-01
Complete Application Received: February 15, 2001
Hearing Notice Publication: Weeks of March 5 and 12, 2001
Hearing Date: March 22, 2001
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and conducted an on-site
inspection, the Board finds the following facts:
1. The applicant is Gary Nietz, and the owner is Larry Coss, Cannon River Ranches LLC,
whose address is 42-160' Street, River Falls, WI 54022.
2. The applicant filed with the Zoning Office an application for a special exception request for
filling and grading in a Shoreland District to re-shape approximately 1000 feet of the stream
bank of the headwaters of the Trimbelle Creek, and to construct a cattle and machinery
crossing.
3. The property is located in the SW '/4 of the SW '/4, Section 32, T28N-R17W, Town of
Pleasant Valley, St. Croix County, Wisconsin.
4. The Special Exception request is for a permit for Filling and Grading in a Shoreland District
under Section 17.29(2)(c)3. Special exceptions are required for any filling and grading in a
Shoreland District.
5. The applicant is working with the Zoning Office, the Land and Water Conservation
Department, and the Wisconsin Department of Natural Resources on this project.
6. The Board of Adjustment found that this special exception application conforms with the
requirements for granting a special exception under Section 17.29(2)( c)3.
7. The Board of Adjustment found that the spirit and intent of the ordinance will be met by
granting this special exception permit.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicant's request for a special exception permit for Filling and Grading in a
Shoreland District and has been approved based on the following findings:
1. The Land and Water Conservation Department designed the plans. The Department will
oversee the project.
2. There were no objections to the request.
3. This project improves the streambed.
4. The spirit and intent of the ordinance will be met by granting this request.
With the following conditions:
1. Any modifications to this plan will require approval by the St. Croix County Land and
Water Conservation Department.
2. The applicant shall obtain all necessary approvals from the Wisconsin Department of
Natural Resources.
3. The applicant shall follow the plans as submitted.
4. The applicant shall install silt fence (erosion control measures) prior to commencing
grading activities.
5. Work with the Land and Water Conservation Department during these projects to insure
that the plans are implemented as designed.
6. The revised plan for seeding, using native grasses, will be submitted to the Zoning
Office.
7. Animal and machinery crossing and streambank shaping to be maintained as designed,
or removed.
8. Any minor change (or addition) in expansion of the project shall require review and
approval by the zoning administrator. 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.
9. The applicant shall have one (1)year from the issuance of the effective date to act on the
Special Exception Permit. Failure to commence the grading/filling project in this timeframe
shall result in the expiration of this Special Exception permit. If the Special Exception
permit expires, the applicant will be required to secure a new Special Exception permit
before commencing the grading/filling project.
The following vote was taken to approve: Golz, yes; King, yes; Peterson, yes; Rose,
yes; Chairperson Speer, yes. Motion carried.
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(l 0), 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, which is available
from Northwestern Court Reporters, Hudson, Wisconsin. 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:
Chair rso
Dated: 04/24/01 Attest
Filed: 04/24/01 o ictor
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• 0
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
March 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, Dick King, Nick Golz, Rich Peterson and Tom Rose were present.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann, Administrative Assistant . Chairperson Speer believes this to be a
properly noticed meeting.
Motion was made by Peterson, second by Golz to adopt the agenda with the removal of
Article#4. Motion carried.
The Board set the next meeting date as April 26, 2001. The starting time will be 8:30
a.m. The meeting will be held at the Government Center.
Motion by Peterson, second by Golz to approve minutes from the February 22, 2001
meeting. All in favor. Motion carried.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel will be available if needed.
NEW BUSINESS
Chairperson Speer 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 notice was published correctly and was read into the record as follows:
AMENDED PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
March 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#1: Renewal of a Special Exception permit for filling and
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radin in the shoreland area of Perch Lake. Request is to
construct a roadway, cul-de-sac, infiltration basin and related items
as part of the development of the new Homestead Parklands,
pursuant to Section 17.29(2)(c)2.
Request#2: Special Exception request for filling
and grading in the
shoreland area of Perch Lake to construct a beach access road and
h as art of the development of the new Homestead
a beach p p
Parklands, pursuant to Section 17.29(2)(c)2.
APPELLANT: St.Croix County Parks Dept./Joe Grant, Director/ Pete Kling, Projet
Manager
LOCATION: The NE '/4 of the SW '/4 of Section 28, T30N-R1 9W, Town of St.
Joseph
ADDRESS: 550 Perch Lake Road
2. ARTICLE: Special Exception request for filling and grading in a Shoreland
District pursuant to Section 17.29(2)(c)3. The project involves the
shaping of approximately 1000 feet of the stream bank of the
headwaters of the Trimbelle Creek.
APPELLANT: Larry Coss, Cannon River Ranches, LLC, Owner/Garry Nietz,
Agent
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LOCATION: Located in the SW '/4 of the SW %, Section 32, T28N-R1 7W, Town
of Pleasant Valley
ADDRESS: 42-160TH Street, River Falls, Wisconsin
3. ARTICLE: Special Exception request for a permit to construct a mechanical lift
on applicant's property to allow access to the St. Croix River
pursuant to Section 17.36(6)(a)4.
APELLANT: Timothy and Judith Dove
LOCATION: Located in the NE %of the SW '/a , Section 22,T30N-R20W, Town
of St. Joseph
ADDRESS: 1422 Main Street, Houlton, Wisconsin
4. ARTICLE: CANCELED* Special Exception request to construct a 300-foot
Telecommunications Tower and related facilities in the
Ag/Residential District pursuant to Section 17.85(2)(b).
APELLANT: Thomas and Linda Webers, Owners/American Tower, Agent
LOCATION: Located in part of the NW %of fie SE %, Section 21,T30N-R15W,
Town of Glenwood
ADDRESS: 1408 3000' Street, Glenwood City, Wisconsin.
5. ARTICLE: Special Exception request for a pe rmit tooperate a temporary
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asphalt plant and related equipment in the Ag/Residential District
pursuant to Section 17.15(6)(n).
APPELLANT: Chris Kusilek, Owner/Monarch Paving, Agent
LOCATION: The S '/2 of the SW 1/4, Section 19, T28N-R16W, Town of Eau
Galle.
ADDRESS: Highway 63, Baldwin, Wisconsin
6. ARTICLE: Five-year renewal of a Special Exception permit for a non-metallic
mining operation for dolomite, including rock crushing, pursuant to
Section 17.15(6)(g) and subject to provisions of Ordinance No.
226(89).
APELLANT: Milestone Materials, Wilson Rock Farms, Inc. and Jill Menk
LOCATION: Located in part of the NE %of the SE %, Section 35, T29N-R1 5W,
and part of the SE %of the NW %and part of the SW%of the NE
%of Section 36, T29N-R1 5W, and the SW'/4 of the NE 1/4 of
Section 36, T29N-R15W, all located in the Town of Springfield.
ADDRESS: 3232 U.S. Highway 12, Wilson, Wisconsin.
7. ARTICLE: Request#1: Five-year renewal of a Special Exception permit for a
non-metallic mining operation for dolomite, including rock crushing,
pursuant to Section 17.15(6)(g) and subject to provisions of
Ordinance No. 226(89).
Request#2: Special Exception request for a permit to operate a
temporary asphalt plant and related equipment in the
Ag/Residential District pursuant to Section 17.15(6)(n).
APELLANT: Scott Simons, Tracy Simons and Terry Simons-Meyers, Owners/
Milestone Materials, Agent
LOCATION: Located in the NE %of the SE %, Section 1, T29N-R1 5W, and the
SE '/4 of the SE 1/4 Section 1, T29N-R15W,Town of Springfield.
ADDRESS: 1131 County Highway W, Downing, Wisconsin.
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All interested persons are 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
Article One: St. Croix County Parks Dept.
The first is a renewal of a previous special
that this is for two requests. p
Eslinger explained
L ke Park.
din at the Perch a
exception permit ranted in May of 2000 for filling and grading p p 9 Y
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The request to complete a project that includes construction of a roadway, cul-de-sac, and
infiltration basin.
second request is for a special exception permit to allow for filling and grading in the
The seco p p
4 p
shoreland of Perch Lake to construct a beach access road and a beach area. Eslinger
went over the staff report for both requests.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application for special exception with narrative and attachments
Exhibit 3: Site plan
Pete Kling, being duly sworn, is the project manager for Homestead Park at Perch Lake.
He explained that Pember Excavating will be doing the work for the road construction. He
went over the maps labeled Exhibit 3 and explained them to the Board. Discussion was
held on retaining walls and plantings. Kling stated that erosion control is very significant in
making this project successful. He went over the plans for walking trails. The sanitary
facilities for right now will be a temporary facility. There are plans to have a permanent
facility in place when funding becomes available. The Town of St. Joseph has
recommended approval of the project.
The Board viewed a videotape of the property, presented by Eslinger and Kling. The
Board will make a decision later today.
Article Two: Larry Coss/Gary Nietz
Eslinger told the Board that this request is for a special exception permit for filling and
grading in the shoreland area of the Trimbelle Creek. The project would involve the
shaping of approximately 1000 feet of the stream bank of the headwaters of the Trimbelle
Creek, and a cattle and machinery crossing. Eslinger went over the staff report with the
Board. He stated that the applicant has worked very closely with Kyle Kulow of the County
Land and Water Conservation Department.
The following Exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Copy of application
Exhibit 3: Construction plans with narrative of the project
Exhibit 4: Letter from the DNR
Kyle Kulow, being duly sworn, is a Project Technician with the Land and Water
Conservation Department. He is representing the property owner on this request. He
reiterated that this is for the re-shaping of the headwaters of the Trimbelle Creek and for a
machinery and animal crossing. The plans for the project have been designed through the
Land and Water Conservation Department. The applicant will need a Chapter 30 permit
through the DNR, as well. The Board reviewed the site map. Kulow went over the plans
for the stream crossing. The crossing will be about 12-feet wide. This is needed to
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accommodate machinery crossing. The plans include using native prairie grass mixture
for seeding. Kulow will be on site to oversee the project.
The Board viewed a videotape of the property, presented by Eslinger and Kulow. The
Board will make a decision later today.
Article Three: Timothy and Judith Dove
Eslinger told the Board that this request is for a mechanical lift to be located on the bluff
face of the St. Croix River to provide the applicant access to the river. The slope to the
river is very steep, and this would be the least obtrusive way to access the river. The
DNR supports the request in a letter dated March 12, 2001, with the conditions stated.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application, narrative and designs
Exhibit 3: Application to the DNR for dock
Exhibit 4: Photos of the property near the river
Exhibit 5: Letter from the DNR stating approval of project
Timothy Dove, being duly sworn, is the owner of the property. He said that Eslinger
gave a good overview of the request. He added that there would be very little vegetation
removed for the project. The lift will be secured by boring into the rock and setting the
pipes in the rock. He will be providing an erosion control plan.
The Board viewed a videotape of the property, presented by Eslinger. The Board will
make a decision later today.
Article#4: Thomas and Linda Webers/American Tower
This article has been cancelled for today.
Article#5: Chris Kusilek/ Monarch Paving
Eslinger presented this request to the Board. The request is for a temporary asphalt
plant from an existing quarry pit owned by Chris Kusilek. The duration of this permit
would be 120 days. This pit was used as a temporary asphalt site last summer for the
resurfacing of Highway 29. The asphalt plant will primarily be used for the Wisconsin
DOT Interstate 94 resurfacing project. The applicant will need to identify a start date for
the use of the plant. Access to the property will be off of Highway 63. Screening of the
pit is already in place. The applicant will need to obtain the proper permits from the DNR
and DOT.
The following Exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Copy of application with attachments
Exhibit 3: Letter from the Town of Eau Galle recommending approval of the request
Exhibit 4: Packet of information supplied by Mathy Construction Co.
Exhibit 5: Photographs of the site and a site map.
Eslinger explained to the Board that the Town had a question on whether or not the
current pit was in compliance, and he stated that it is.
Neil Bakke, being duly sworn, is with Mathy Construction. He stated that this is the
original Carey pit, and is owned by Chris Kusilek. They plan to use this asphalt plant for
the Interstate 94 and Highway 65 project this summer. They would agree to hours of
operation being 5:00 a.m. to 8:00 p.m. No trucks will travel after 8:00 p.m.
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With regard to the odor from the asphalt, they plan to use an additive that is put into the
tanks and will reduce the odor. Eslinger added that there were no complaints on this
operation last summer.
The Board viewed a videotape of the property, presented by Eslinger. The Board will
make a decision later today.
The Board recessed from 9:30 a.m. to 9:45 a.m.
Article#6: Milestone Materials, Wilson Rock Farms, Inc. and Jill Menk
Eslinger presented this request to the Board. The applicant is asking for a five-year
renewal to continue the operation of their non-metallic mining operation in the Town of
Springfield, known as the Wilson Quarry. Eslinger went over the staff report. This
quarry has been in operation since the 1920's. The DOT, County, and Town will use the
products mined in the quarry. The quarry is approximately 115 acres in size. Eslinger
reviewed a map of the quarry with the Board. The floor area of the current mining area
consists of approximately 19.88 acres. There is about 15 acres left to be mined. Most of
the activity is limited to spring and summer construction.
Eslinger told the Board that the pit currently exceeds the 20-acre maximum to be open at
one time. This is mainly due to the fact that there are areas at the site that have not
been reclaimed, from many years ago. The quarry has been in operation for around 80
years, and preceded the 1992 amendment to the ordinance, where active sites may not
have over 20 acres open at a given time. The actual current mining area is 19.88 acres.
The Land and Water Conservation Department ha s recommended that the applicant use
native plants during their reclamation. The DNR was sent material on this file, but has
not responded.
The following Exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Copy of application and narrative
Exhibit 3: E-mail correspondence from the LWCD
Exhibit 4: Packet of information from Milestone Material
Exhibit 5: Cross Section map showing available areas for mining
Dick Erickson, being duly sworn, is representing Milestone Materials. He reiterated that
they are asking for a five-year renewal for the quarry. They are operating the same as
always, nothing has changed. The Town of Springfield has approved of the renewal.
A discussion was held on the areas of the quarry that have not been reclaimed.
Erickson stated that those areas were mined in the 1930's and 1940's, and they are not
responsible for reclaiming those areas. A lot of this area has grown over naturally. The
active mining area is now 19.88 acres, and Erickson believes they can stay within the
20-acre maximum, but asked the Board to take into consideration the fact that this is a
very old site, and they have offices and other structures, such as shops, on the property
that is part of the business. They plan to reclaim the property as they go along.
The Board viewed a videotape of the property, presented by Eslinger. The Board will
make a decision later today.
Article#7• Milestone Materials/ Scott Simons,Tracy Simons,Terry Meyers
Eslinger told the Board that there are two requests from Milestone Materials. The first
request is for a five-year renewal for a non-metallic mining operation. The pit has been
in operation since 1958. It is estimated that approximately 150,000 tons of product will
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be sold per year. It is expected that over the next 10 years, 1.5 million tons will be sold
off of this site. The screening of the property is in place and the operation meets
setback requirements. Erosion control measures have been implemented.
Eslinger went over the staff report. The pit is operated during the spring and summer
construction season. The typical hours of operation are 6:00 a.m. to 10:00 p.m.,
Monday through Friday for the crushing plant. The quarry is open from 7:00 a.m. to 4:30
p.m., Monday through Friday for crushed stone sales.
A discussion was held on the reclamation plan. Eslinger went over a map with the
Board, showing the pit and pointing out mining areas, crushing areas, and reclaimed
areas. The Land and Water Conservation Department has recommended native plants
to be used in the reclamation process.
The second request is for a special exception permit for a temporary asphalt plant to be
set up at this location. It will be used primarily for the DOT project on State Highway
128.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application with attachments
Exhibit 3: Handout submitted by the applicant
Exhibit 4: Letter from Ann Stewart, and adjoining property owner, dated March 21,
2001, stating concerns
Eslinger added that he has received a call from another neighbor in the area, Jim
Mielski, stating concerns regarding the pit, and hours of operation. Eslinger also pointed
out to the Board that the traffic from the pit accesses onto County Road W, not Highway
12 as indicated in the staff report.
Dick Erickson, being previously sworn, stated that they have talked with the concerned
neighbors, and believe issues have been addressed. The asphalt plant will be used
primarily for the Highway 128 project, and plans are to operate this sometime from April
until mid June. Truck traffic may still be a problem at times, but some of that cannot be
controlled. The hours of operation are normally 5:00 a.m. to 8:00 p.m., but trucks do not
generally start hauling before 6:30 a.m.
The Board viewed a videotape of the property, presented by Eslinger. The Board will
make a decision later today.
The hearing was closed.
Decisions
Article One: St. Croix County Parks Department
A motion was made by Rose, second by King to approve the applicant's request for a
special exception for a permit for filling and grading in a Shoreland District for roads and a
beach area based on the following findings:
1. The granting of this request is in the best interest of the public and provides for a
public recreational area for the citizens of St. Croix County.
2. The Town of St. Joseph has recommended approval of the request.
3. The plans for the project have been designed by a licensed engineer and
approved.
4. There were no objections to the request.
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5. The spirit and intent of the ordinance will be met.
With the following conditions:
1. Comply with all DNR requirements and obtain any permits necessary.
2. Applicant to follow the engineered and approved site plans submitted.
3. Any minor change (or addition) in expansion of the project shall require review
and approval by the zoning administrator. 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.
4. The applicant shall have one (1)year from the issuance of the Special Exception
permit to commence construction. Failure to do so in this timeframe shall result in
the expiration of this Special Exception permit. If the Special Exception permit
expires, the applicant will be required to secure a new Special Exception permit
before commencing the grading/filling and riprap projects.
The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; King, yes;
Chairperson Speer, yes. All in favor. Motion carried.
Article Two: Larry Coss/ Gary Nietz
to approve request for a otion by Rose, second by Peterson pp special exception permit
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for filling and grading in a Shoreland District based on the following findings:
Department designed the plans. The
Land and Water Conservation De
1. The p
Department will oversee the project.
2. There were no objections to the request.
3. This project improves the streambed.
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4. The spirit and intent of the ordinance will be met by granting this request.
uest.
With the following conditions:
1. An modifications to this Ian will require approval by the St. Croix County Land
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and Water Conservation Department.
applicant shall obtain all necessary 2. The app rY approvals from the Wisconsin
Department of Natural Resources.
3. The applicant shall follow the plans as submitted.
4. The applicant shall install silt fence (erosion control measures) prior to
commencing grading activities.
5. Work with the Land and Water Conservation Department during these projects to
insure that the plans are implemented as designed.
6. The revised plan for seeding, using native grasses, will be submitted to the
Zoning Office.
7. Animal and machinery crossing and streambank shaping to be maintained as
designed, or removed.
8. Any minor change (or addition) in expansion of the project shall require review
and approval by the zoning administrator. 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.
9. The applicant shall have one (1)year from the issuance of the effective date to act
on the Special Exception Permit. Failure to commence the grading/filling project in
this timeframe shall result in the expiration of this Special Exception permit. If the
Special Exception permit expires, the applicant will be required to secure a new
Special Exception permit before commencing the grading/filling project.
The following vote was taken to approve: Golz, yes; King, yes; Peterson, yes; Rose,
yes; Chairperson Speer, yes. Motion carried.
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Article Three: Timothy and Judith Dove
Motion by Golz, second by King to approve the special exception request for a permit for
a lift in the St. Croix Riverway District based on the following findings:
1. The use is compatible with surrounding properties.
2. There will be minimal disturbance to the bluff and vegetation.
3. There were no objections to the request.
4. The installation of a lift would allow reasonable access to the river for the property
owner.
5. The lift will be installed by a reputable company.
6. The Board believes that by granting this request, the spirit and intent of the
ordinance will be met.
With the following conditions:
1. The applicant shall submit a survey identifying the Ordinary High Water Mark
(OHWM) and regional flood elevation pursuant to section 17.36 (6) (b) 1.
2. The applicant shall comply with the provisions of 17.36 (5)(i) lifts.
3. No reflective glass to be on the lift.
4. The applicant shall submit an erosion control plan before commencing construction.
5. The applicant shall submit a planting plan depicting how the site will be re-
established with vegetation.
6. Applicant to have the lift installed by professional contractors familiar with this
type of installation. Applicant to submit as-built certification demonstrating that
the lift was constructed as proposed.
7. Lift to be painted natural tones for the life of the lift. The applicant is to provide
proof that the lift company has taken care of the paint chipping problems that
have occurred with their product.
8. Comply with all DNR requirements and obtain any permits necessary.
9. The applicant shall have one (1)year from the issuance of the Special Exception
permit to commence construction. If the Special Exception permit expires, the
applicant will be required to secure a new Special Exception permit before the
mechanical lift can be constructed.
10. Any minor change (or addition) in expansion of the project, 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.
The following vote was taken to approve: Peterson, yes; Rose, yes; King, yes; Golz, yes;
Chairperson Speer, yes. Motion carried.
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Article#4: Canceled
Article#5: Chris Kusilek/ Monarch Paving
Motion by Golz, second by Peterson to approve the five-year renewal request for a non-
metallic mining permit based on the following findings:
1. Monarch is a very reputable company and has been very cooperative to work
with.
2. There were no objections to the request.
3. The Town of Eau Galle has approved of the request.
4. The site is well screened from neighboring properties.
5. There have been no complaints in the past relating to this quarry.
6. The granting of this request provides for a public need for residents of St. Croix
County.
7. The spirit and intent of the ordinance would be met by granting the request.
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With the following conditions:
1. Applicant is to notify the Zoning Department in writing (within 30 days of the
date the hot mix plant will begin its operation.tion. The
public hearing) to confirm the a p 9 P
plant shall not exceed 120 days in operations from day the plant begins
operation. Permit includes operation of hot mix plant and hauling material on
and off the site.
2. Applicant shall follow all state and federal operating guidelines, including keeping
daily inspection logs.
3. Applicant is responsible to clean up any spillage of asphalt product on State
Highway 63 and other haul roads.
4. Applicant shall submit the erosion control plan that is recommended by the St.
Croix County USDA Soil Conservation Service office prior to set up of the
temporary asphalt plant.
5. Applicant must access the site from State Highway 63.
6. Applicant must notify the zoning office upon completion of the project.
7. Applicant is responsible for on-site dust abatement during the duration of the
permit.
8. This permit includes temporary equipment placement related to the operation of
the asphalt plant.
9. The operator shall provide at least two onsite sanitary satellites for the onsite
employees. The sanitary satellites shall be serviced and cleaned once a week
by a licensed septage hauler.
10. The property shall be kept in a neat and orderly matter.
11. The applicant shall comply with the conditions set by the town of Eau Galle.
12. The entrance of the facility must have a locking steel pole type construction
(cattle) gate. The applicant shall submit a gate plan for zoning review and
approval before the temporary hot mix plant maybe placed onsite. Gate must be
locked during non-operating hours.
13. Hours of operation shall not exceed 5:00 a.m. — 8:00 p.m., Monday—Saturday.
14. Applicant must contact Jack Colvard, Emergency Government Director at (715)
386-4719, if a spill occurs at the site.
15. Monarch Paving shall reclaim the site to the conditions that existed prior to the
placement of the temporary asphalt plant and related equipment.
16. Any change in the original request 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.
17. These conditions may be amended or additional conditions may be added 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.
The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article#6: Milestone Materials, Wilson Rock Farms, Inc. & Jill Menk
Motion by King, second by Speer to approve the five-year renewal request for a permit
to continue operation of a non-metallic mining operation based on the following findings:
1. The Town of Springfield has recommended approval of the request.
2. There was no opposition.
3. This is a renewal of an existing non-metallic mining operation.
4. There have been no complaints regarding this operation.
9
5. The granting of this request provides for a public need for residents of St. Croix
County.
6. The spirit and intent of the ordinance would be met by granting the request.
With the following conditions:
1. 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 (89) (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. -8:00 p.m., Monday-Friday. The
applicant may submit a written request for extended hours to the Zoning
Administrator for review and approval.
5. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
6. All petroleum products shall be stored in full compliance with state and federal
regulations.
7. The disposal of solid waste is prohibited at this site.
8. The number of active mining acres to be open at any given time is 20 acres. The
site that the office and the accessory structures are located on are excluded from
this 20 acres.
9. Site reclamation shall proceed according to the approved plan.
10. The operator shall provide maintain the onsite sanitary satellite for the onsite
employees. The sanitary satellites shall be serviced and cleaned by a licensed
septage hauler.
11. 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.
12. This special exception is valid for a period of 5 years from the filing date of the
Decision. Applicant must either fully reclaim the site in this time frame or reapply
for a new special exception permit. The applicant is to contact the Zoning Office
six (6) months prior to permit expiration, so that reclamation or permit renewal is
complete by the expiration date.
13. All other conditions will remain the same as specified in the original Special
exception permit.
14. 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: Golz, yes; Peterson, yes; Rose; yes; King,
yes; Chairperson Speer, yes. Motion carried.
Article#7• Milestone Materials, Scott Simons, Tracy Simons, Terry Meyers
Motion by Peterson, second by Golz to approve the request for a five-year renewal for a
permit to continue operation of a non-metallic mining operation and to operate a
temporary asphalt plant based on the following findings:
1. The Town of Springfield has recommended approval of the request.
2. There was no opposition.
3. This is a renewal of an existing non-metallic mining operation.
4. The Board believes that the reduced hours of operation and the temporary nature
of the asphalt plant, of 120 days, would minimize the concerns expressed by the
adjacent property owners.
10
• 40
5. The granting of this request provides for a public need for residents of St. Croix
County.
6. The spirit and intent of the ordinance would be met by granting the request.
With the following conditions:
1. 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 (89) (unless varied per conditions).
3. Applicant is responsible for dust abatement during the duration of the permit.
4. Hours of operation shall not exceed 5:00 a.m. -8:00 p.m., Monday-Friday. The
applicant may submit a written request for (occasional/limited) extended hours to
the Zoning Administrator for review and approval.
5. The number of active mining acres to be open at any given time is 20 acres. The
site that the office and the accessory structures are located on are excluded from
this 20 acres.
6. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
7. The operator shall provide maintain the onsite sanitary satellite for the onsite
employees. The sanitary satellites shall be serviced and cleaned by a licensed
septage hauler
8. All petroleum products shall be stored in full compliance with state and federal
regulations.
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 permit is valid for a period of 5 years from the filing date
of the Decision. Applicant must either fully reclaim the site in this time frame or
reapply for a new special exception permit. The applicant is to contact the
Zoning Office six (6) 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. Accepting this decision means that the applicant has read, understands, and
agrees to all conditions of this decision.
Request#2 Conditions
14. Applicant is to notify the Zoning Department in writing (within 30 days of the
public hearing) to confirm the date the hot mix plant will begin its operation. The
plant shall not exceed 120 days in operations from day the plant begins
operation. Permit includes operation of hot mix plant and hauling material on
and off the site.
15. Applicant shall follow all state and federal operating guidelines, including keeping
daily inspection logs.
16. Applicant is responsible to clean up any spillage of asphalt product on County
Highway W and other haul roads.
17. Applicant shall submit the erosion control plan that is recommended by the St.
u
Croix Coun ty USDA Soil Conservation Service o ffice p rior to set p
of the
temporary asphalt plant.
18. Applicant must access the site from County Highway W.
19. Applicant must notify the zoning office upon completion of the project.
11
20. Applicant is responsible for on-site dust abatement during the duration of the
permit.
21. This permit includes temporary equipment placement related to the operation of
the asphalt plant.
22. The operator shall provide at least two onsite sanitary satellites for the onsite
employees. The sanitary satellites shall be serviced and cleaned once a week
by a licensed septage hauler.
23. The property shall be kept in a neat and orderly matter.
24. The entrance of the facility must have a locking steel pole type construction
(cattle) gate. The applicant shall submit a gate plan for zoning review and
approval before the temporary hot mix plant maybe placed onsite. Gate must be
locked during non-operating hours.
25. Hours of operation shall not exceed 5:00 a.m. — 8:00 p.m., Monday—Saturday.
26. Applicant must contact Jack Colvard, Emergency Government Director at (715)
386-4719, if a spill occurs at the site.
27. Monarch Paving shall reclaim the site to the conditions that existed prior to the
placement of the temporary asphalt P
lace p ry plant and related equipment.
P p
has read understands,
and
28. Accepting this decision means that the applicant ,
P 9
agrees to all conditions of this decision.
29. Any change in the original request 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.
30. These conditions may be amended or additional conditions may be added 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.
The following vote was taken to approve: Rose, yes; King, yes; Golz, yes; Peterson,
yes; Chairperson Speer, yes. Motion carried.
Motion by King, second by Golz to adjourn at 11:50 a.m. Motion carried.
Respectfully submitted:
(ih Peterson, Secretary Debbie Zimmer n, R cording Secretary
12
U..S. DEPARTMENT OF AGRICURE WISCONSIN STANDARD
NATURAL RESOURCES CONSEPWION SERVICE DRAWING NO. WI-001 4/99
CONSTRUCTION PLAN
PRACTICE Sn TzAMS P-1 Y' /_LZn6_AAA RQS,,- t f\16,
LANDOWNER L k Cd 5
ADDRESS 4L Y
LANDOWNER PHONE NO. y2 L0 _ 9S�`� COUNTY
TOWNSHIP '171czS,?nf 1afZeV ',L2,' /1f U, T 2-e N, R 1-7 EA Sec. 3 7-
FIELD OFFICE ��L�U.1�� TELEPHONE NO. -7 117--(n,�4I— 2-e 7 L/
I
DIGGERS HOTLINE �AMR � � I
Call 3 Work Days ! I
Before You Dig! I 07-Y R.D H
IIA
Toll Free
1-800-242-8511 Not to
Milw. Area 7"R�n?DELL I �� Scale
1-414-259-1181
TDD
1-800-542-2289 Io�A�p
RaRo j
CULUEP,01,
f LOCATION MAP ','1 Rc e cam/
NOTICE TO LANDOWNERS AND CONTRACTORS REGARDING UTILITIES
No representation is made by the USDA Natural Resources Conservation Service or the -57-, CA-261X
County Land Conservation Department as to the existence or nonexistence of underground hazards. Prior to
the start of construction the owners of utilities must be notified of the pending construction. You will be
liable for damages resulting from construction activities. (Call Diggers Hotline)
CONSTRUCTION DRAWINGS AND SPECIFICATIONS ACCEqNC
I/we have reviewed and do accept -the attached plans. I/we agree to have in accordance with these plans and specifications and to notify all affected
Signed: Date:
Designed by: Date:
Checked by: Date:
Approved by: Date:
Approved by: Date:
Job Approval Class
Sheet of
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kwW
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