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HomeMy WebLinkAbout024-1041-40-000 r' 1 S-kROIX COUNTY a, WISCONSIN �. ZONING OFFICE w4 ti ST. CROIX COUNTY GOVERNMENT CENTER Noll°°° NNMpp 1101 Carmichael Road Hudson, WI 54016-7710 --- 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 2 • 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 9 9 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 i 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 p rY 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. 2 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 9 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 3 i 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. 4 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 5 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. 6 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 q P 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. i 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 Y P 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. 7 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. i 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. 8 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 y xe �p faC c� Q7' 7l> kwW /40 CP