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Board of Appeals
Wednesday, May 10 2006
TIME: 7:30 p.m.
LOCATION: at the Town Hall
Public Hearing


PLEASE TAKE NOTICE that the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on Wednesday, May 10th, 2006, at 7:30 p.m., at the Taycheedah Town Hall, for the purpose of considering the request of Dave & Dan Bertram and Evenson Construction Co., Inc., to terminate any and all rights currently held by J&E Construction in the form of a Conditional Use Permit to quarry in the Town of Taycheedah on the following property:

Northeast 1/4 of the Northwest 1/4 Section 15,
T. 16 N., R. 18 E., Town of Taycheedah,
Fond du Lac County, Wisconsin.

PLEASE TAKE FURTHER NOTICE that the Town of Taycheedah Zoning Board of Appeals will also consider the request to the transfer and renew of said Conditional Use Permit to quarry to Dave & Dan Bertram and Evenson Construction Co. Inc.

The hearing is open to the public. All interested parties are encouraged to attend.

A quorum of Town Board members may be in attendance.

Brenda A. Schneider
Town Clerk


The Town of Taycheedah Board of Appeals conducted a public hearing on Wednesday, May 10th, 2006, at 7:30 p.m., on behalf of Dave & Dan Bertram and Evenson Construction Co., Inc.. The Bertram’s request a termination of J&E Construction’s rights under the current Conditional Use Permit for quarry operations. The Bertram’s further request a transfer of said rights to Evenson Construction Co., Inc.. Members present were Chairman James Rosenthal, John Buechel, Tom Friess, Bob Holzman and Barb Bertram. The Secretary, Brenda Schneider, taped recorded the hearing and took notes. The Chairman called the hearing to order at 7:48 p.m.. The Secretary read the notice.

Pat Strachand, representing Evenson Construction Co., Inc., was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• Evenson operates sand and gravel quarry operations.
• Evenson wishes to establish an operation in the Fond du Lac area.
• Evenson proposes to operate the Dave & Dan Bertram quarry.
• He has read the current Conditional Use Permit and understands the conditions. He intends to follow all of the conditions and conform to all of the requirements.
• Evenson plans to place two seismographs; one at the Freund tower site and one at the Steffes property.
• He is aware of the requirement to test the well water at the farm every May and November.
• Evenson plans to have a water tanker truck at the site for dust suppression.
• He is hoping to obtain water from the farm.
• Evenson has been in business for over 50 years.
• Evenson has never had any issues or complaints against any of their 13 pits requiring a public hearing and action.
• Evenson has addressed any phone call complaints immediately.
• Evenson’s other blasting operations are located at similar distances from homes in comparison to the Bertram quarry.
• Evenson does not perform pre-blast property inspections. He intends to contract with Vibro-Tech for the property surveys.
• He is aware that blasting must be coordinated with blasting activity conducted in other quarries in the Town.
• Evenson intends to contract with John Ahlgrimm, Ahlgrimm Explosives, for blasting services.
• Ahlgrimm developed a contact program in November 2003.
• Evenson has developed a Blasting Management & Response Plan; which informs Ahlgrimm of Evenson’s expectations.
• Evenson has not experienced problems similar to what has happened at the Bertram quarry in the past.
• Evenson anticipates operating year round.
• The entrance gate may have an automatic locking mechanism.
• Excavation is 30-40% of Evenson’s business.
• Evenson intends to produce clear stone, screenings and road-base stone.
• A majority of the products will be sold to the public.
• He is aware that Evenson will be responsible for road damage caused by heavy truck traffic.
• The scale will probably be located within the pit.
• He is aware that Evenson will be responsible for reclamation of the entire site.
• He is concerned about obtaining water from the farm. Evenson uses a 2,500 gallon water truck equipped to spray. If the material is sprayed constantly; the moisture content of the piles increases.
• He estimates the operation would need 2,000-3,000 gallons of water per day.
• He is aware that the Steffes house is for sale. Evenson intends to appease a new owner, too.
• Evenson is state certified for dust monitoring. There is always someone on staff who is certified.
• Evenson typically posts signage indicating hours of operation and speed limits by the entrance.
• In 1997, the DNR started regulating dust suppression. Crushing operations need constant watering. Evenson crushes at two other sites.

May 10th, 2006 Board of Appeals 2.
Bertram/Everson CUP for quarry operation

Board of Appeals members comments were as follows:
• The prior operator did not have respect for the parameters of the Board of Appeals or the neighbors. Mr. Stranchand portrays respect; less problems are expected.

Audience comments:
• Evenson will berm shut two of the three entrances into the pit.
• Dan Freund stated that water needs to be brought into the pit in order to protect the area wells; based upon the hydrology study.

Sue Courter, Courter Resources, was sworn in. Her testimony and responses to Board of Appeals questions were as follows:
• She is a geologist and the owner of Courter Resources for the past 15 years.
• She has been overseeing the Evenson mining operations for the past three years.
• Her job is to maintain compliance with state and local regulations.
• They have developed a Blasting Management & Response Plan for the Bertram quarry.
• Her research of the local issues regarding complaints seems to have been communication problems.
• Ahlgrimm is experienced with the Conditional Use Permit and is aware of the conditions.
• She is developing a complaint form to be used to create documentation; which is an Evenson policy. It promotes good communication. The form includes a feedback type form.
• The Plan is in draft form. Once complete, a copy will be provided to the Town and the neighbors, if desired. The policy is updated whenever a change is needed. Evenson would be willing to provide a copy when and if any complaints are received.
• Dust suppression is regulated by State and federal laws. Classes are conducted routinely on determining dust content. The classes are offered in the spring and fall of each year. Attendees are then certified for six months.
• A checklist is provided to the crushing operator. The checklist notes inspections, use of water, etc. The checklists are completed on a daily basis. Evenson initiated the checklist policy in 1997. Evenson also completes quarterly reports and an annual audit.
• Evenson contracts with Courter Resources for annual reviews and consultations for environmental management.
• Water use at a quarry is a very small amount in comparison to ag-related water uses. Water use in a quarry is also seasonal; one to one half months at a time.
• She has reviewed the construction of the well on the farm. It was installed in 1989. The well is cased into the limestone. The use of the farm well will not impact other wells. The farm well is into a different aquifer. She has not found documentation of any well problems.
• Dan Freund commented on the specifics of his well and the well on his farm. He questioned Ms. Courter about what factors would be taken into consideration when evaluating a well complaint. Ms. Courter responded that depending on the issue she would look at well construction, the location of the aquifer, surrounding well water quality and the elevation of bedrock. Shallow soils over bedrock tend to increase the incidents of ecoli contamination.
• The site is bermed for safety and to eliminate surface water from running into the quarry.
• The Bertram operation is above the water table and she can’t see how any area wells could suffer from the operation.
• The crushing operation will be watered and the roads will be watered.
• In response to a question regarding how someone could prove a quarry operation affected a private well, Sue responded that baseline information and historical data regarding previous problems is helpful. Precipitation has a direct affect on wells; dry weather lowers the water level. She added that any well problems reported next to the quarry would need to be thoroughly researched to determine the cause.
• The Bertram quarry will be the smallest quarry she will work with.
• She contacted Matt Hostack, DNR, regarding dust control. He recognizes there is no on-site availability of water.
May 10th, 2006 Board of Appeals 3.
Bertram/Everson CUP for quarry operation

• A possible dry well claimed to have been caused by the quarry can be verified by whether or not the water comes back after pumping is stopped.
• The DNR could be contacted regarding well issues.
• Well problems usually have some history.
• This operation will not have any effect on area wells.
• A large de-watering operation could have the potential to impact a shallow well within 500’ of the operation.
• The DNR requires the operation have access to water.
• They are aware of the pre-blasting notification requirements.
Additional comments made by Pat Strachand were as follows:
• The Bertram farm well is 645’ deep, cased 400’ with 160’ of limestone and 200’ of shale. The well draws from a different aquifer and is capable of providing a large quantity of water.
• Crushing operations last approximately 30 days per set. They usually do two sets per year for an estimated 40-60 days each.
• The stockpile of fines above the berm height could be knocked down.
Dan Bertram was sworn in. His testimony was as follows:
• In the past, they worked with a small operator due to a recommendation of the neighborhood; the large operator was not liked.
• All feedback regarding Evenson has been good.
• The hours of operation at the other quarry are different; which causes confusion for the customers.
• Mr. Bertram asked that the Board of Appeals consider establishing hours of operation that would be consistent for both quarries.
• The dairy operation uses water to cool the milk. The water then goes into a tank. Whatever water is not re-used in the farming operation overflows the tank and runs down a drain. He estimates 2,000 gallons per day goes down the drain. The water could be diverted to an additional tank. A tanker truck could be filled within a few minutes. Dan is sure that the farm could provide enough water for the quarry dust control. The farm has a second well that can be used as a back-up in the event the main well encounters problems.
Tim Halbach, attorney representing Dave & Dan Bertram made the following comments:
• The lease between the Bertrams and Mr. Eckert expired August 31st, 2005.
• The lease gave Mr. Eckert six months to remove his equipment and materials.
• Mr. Eckert did not refute the issue.
Additional comments made by Sue Courter were as follows:
• The quarry floor is not draining properly. She questioned the possibility of an adjustment to the depth maximum due to a need to get the water out of the pit. The only way to get the water to flow out of the pit would be to go deeper. Chairman Rosenthal suggested Evenson pay for an analysis needed to determine how to deal with the issue. He added that the Board will need to know how they will follow the benchmark.

Jim Rosenthal resolved to terminate the Conditional Use Permit issued to Bertram and J&E Construction, Inc., as of May 10th, 2006, seconded by John Buechel.
Roll call vote:
Bob Holzman aye
Barb Bertram aye
John Buechel aye
Tom Friess aye
Jim Rosenthal aye Motion carried (5-0).

Jim Rosenthal motioned to approve a Conditional Use Permit to Summit Quarry, LLC and Evenson Construction Inc., as of May 11th, 2006, under the following special conditions:
• The term of the permit will begin May 11th, 2006 and expire May 10th, 2016,
• The hours of operation shall mirror the hours of operation contained in the permit issued to Northeast Asphalt; more specifically stated as follows:

May 10th, 2006 Board of Appeals 4.
Bertram/Everson CUP for quarry operation

o 7:00 a.m. to 6:00 p.m. Monday through Friday,
o 7:00 a.m. to 2:00 p.m. on Saturday,
o Only load-out and trucking is permitted after 5:00 p.m. Monday through Friday and after 12:00 p.m. on Saturday,
o No operations are permitted on Sundays or legal holidays.
o “Operations” include the operation of any equipment used in conjunction with the quarry.
• All watering necessary for dust control during crushing activities shall be with reclaimed water,
• Evenson Construction, Inc., must provide the Town a certificate of insurance,
• Evenson Construction, Inc., must provide and maintain a $20,000 reclamation bond.
Barb Bertram seconded the motion.
Roll call vote:
Barb Bertram aye
John Buechel aye
Tom Friess aye
Barb Bertram aye
Jim Rosenthal aye Motion carried (5-0).

John Buechel motioned to adjourn the public hearing at 10:50 p.m., seconded by Bob Holzman. Motion carried (5-0).

Brenda A. Schneider

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