The URL can be used to link to this page

Home My WebLink About026-1031-20-050 ST. CR O I X ` O U NT Y Land Use " Piunniny & Land Information Resource Management Community Development Department April 28, 2014 File Ref: SE88206 Tammec LLC 920 10`h Avcnue North Onalaska WI 54650 Re: Special Exception request to renew a nonmetallic mining operation pursuant to Section 17.15 (6) (g) of the St. Croix County Zoning Ordinance. Property is located in sections 9, 10, 15 and 16, T30N, R19W, Town of Richmond. Dear Ms. Anderson: The St. Croix County Board of Adjustment (Board) has reviewed your application for a Special Exception to renew a nonmetallic mining permit at the property referenced above. At the hearing on April 24, 2014 the Board approved your special exception request with conditions. The enclosed document is the formal decision regarding the application. 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, 46 Alex Blackburn Land Use and Conservation Specialist cc: Clerk, Town of Richmond File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi.us/cdd www. aceboak.com stcroixcount w! cdd@co.saint-croix.wi.us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE88206 Applicant: Tammec LLC Agent: Candy Anderson Location: Sections 9, 10, 15 and 16, T30N, R19W, Town of Richmond Hearing Notice Publication: April 7 and 14, 2014 Hearing Date: April 24, 2014 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 Tammec L.L.C., property owner. 2. The site is located on County Highway G in sections 9, 10, 15 and 16, T30N, R1 8W, Town of Richmond, St. Croix County, Wisconsin. 3. The applicants filed with the Board of Adjustment an application to renew a special exception permit for a non-metallic mining operation pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to Section 14.3 A. Ld. and the other provisions of the St. Croix County Nonmetallic Mining Ordinance. The applicants request to remove approximately 500,000 to 900,000 cubic yards of sand, gravel and dolomite annually from extraction area 2 in orange and area 3 in green on the multi colored operational plan map above. 4. A performance bond for reclamation of the site for $240,000.00 has been on file since 5-28-2004. There are now 225 acres un-reclaimed and the bond will need to be increased to $864,304.00 5. This request would not violate the spirit or general intent of the Ordinance since nonmetallic mining is a use permitted by Special Exception (now known as Conditional Use) in the Ag Residential District, is an industry that contributes to the County's economic well-being, and the site will be returned to agricultural cropland upon final reclamation. 6. No mining is proposed below the groundwater table. All storm water will be managed on site. There is a 25-foot high berm along with a 100-foot buffer around the active mining area. This site will be returned to agricultural cropland upon reclamation. With conditions restricting any mining below the groundwater elevation, managing storm water runoff, maintaining the 25-foot high berm and 100-foot buffer, limiting hours of operation and implementing the reclamation plan, this request for continued mining operation would be consistent with the Nonmetallic Mining Ordinance standards regarding groundwater protection, screening, reclamation and buffer zones. 7. The topsoil and clay overburden are stripped off to reach the sand, gravel and Dolomite. The clay overburden is then used to construct berms which will be covered with topsoil and seeded down. With 2 conditions to continue this method of topsoil management, this request would be consistent with the Nonmetallic Mining Ordinance standards regarding topsoil management. 8. There are no smoke or odors generated and dust control measures will be implemented. i 9. Occasional extended hours of operation have been approved in the past with no complaints. 10. The proposed operation and reclamation plans comply with the provisions of Chapter 14, St. Croix County Nonmetallic Mining Ordinance. 11. The Town of Richmond has reviewed the request and has recommended approval. 12. Resourcc Management staff have reviewed the application and the only concern was the need for an increase in the bond amount for reclamation that is in finding number 4 above. 13. A DNR Chapter 216 Stormwater Discharge Permit has been issued for this site and is current. 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 applicants to mine approximately 500,000 to 900,000 cubic yards annually of sand, gravel and dolomite from extraction area 2 in orange and area 3 in green from the multi colored operational plan map above that was submitted with the renewal application. Approval does not include any change or expansion in area or operations. This approval is valid for a period of five years and expires in April 2019, after which time it must be renewed pursuant to Section 14.3 A.6.a-b of the St. Croix County Nonmetallic Mining Ordinance. 2. The bond for reclamation shall be increased to $864,304.00 3. The mining operation shall not extend into the groundwater 4. Storm water shall be managed on-site. 5. The 100-foot buffer and 25 foot high berm around the actively mined area shall be maintained. 6. Hours of operation shall be 6:00 am to 10:00 pm Monday through Friday and 6:00 am to 8:00 pm on Saturday. Blasting will only be conducted between 8:00 A.M. and 5:00 P.M. Monday through Friday. Any request to occasionally extend hours of operation must be submitted in writing and approved by the Zoning Administrator. 7. Reclamation plans shall be followed to reclaim areas once mining operations are complete. 8. Topsoil and clay overburden shall be processed in compliance with the topsoil management standards. 9. Dust control measures shall be implemented. 3 10. 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. 11. The applicants shall be responsible for adhering to all local, state, and federal rules, regulations, and permits during the life of the operation. 12. 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). 13. Any change or addition to the project, including but not limited to design of the project, may require review and approval by the Board of Adjustment. This must be submitted as a permit amendment with all applicable fees. 14. 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. 15. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if county staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit. The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; Nelson, yes; Sontag, yes; All votes in favor, 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(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. The Community Development Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING ARD OF ADJUSTMENT Signed:_ Clarence W. Malick, Chairperson Date Filed: 04/28/2014 4