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Board of Appeals
Monday, August 7 2006
TIME: 7:00 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 Monday, August 7th, 2006, at 7:00 p.m., at the Taycheedah Town Hall, for the purpose of considering the request of Dave & Dan Bertram and Evenson Construction Co., Inc., to revise their Conditional Use Permit as it applies to the depth of the quarry. The Conditional Use Permit to quarry in the Town of Taycheedah applies to 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 call the public hearing to order at the Taycheedah Town Hall and then proceed to the quarry for a site visit for informational purposes only. The Zoning Board of Appeals will then return to the Taycheedah Town Hall to conduct the public hearing.

The quarry site visit and the hearing are 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 Monday, August 7th, 2006, at 7:00 p.m., on behalf of Dave & Dan Bertram and Evenson Construction Co., Inc.. The Bertram’s request a clarification of the depth of the quarry and approval to remedy problems with the existing quarry floor. 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 7:12 p.m.. The Secretary read the notice.
Pat Strachand, representing Evenson Construction Co., Inc., briefed the Board on the following issues that the Board will see during the site visit:
• The problem with the benchmarks/elevation points established by McMahon,
• The ponding problem on the quarry floor, and
• Illustrate his plan to allow for water drainage to the southeast corner of the quarry.
The Board and attendees left the Town Hall for the site visit at 7:15 p.m.
Pat Strachand explained the following at the site:
• The McMahon benchmark survey identifies the following elevation points:
o 1017’-spike in the center of the driveway,
o 1021’-spike in the telephone pole near the northeast corner of the quarry,
o 1023’-spike in the telephone pole near the northwest corner of the quarry.
There is a 6’ difference between the points.
• Approximately one foot of water has ponded along the west wall of the quarry.
• Pat proposes to blast lower along the south end of the quarry to allow the low area to drain away from the quarry face (west side).
• Water could then be allowed to pond in the southeast corner. Depending on the quantity, the water can be used in the crushing operations.
• There is a culvert at the southeast corner. When the ponding in the southeast corner becomes high enough, the water will drain through the culvert, under the Bertram’s silage pad and out into the existing swale to the Bertram’s field.
• Evenson has applied to the DNR for a stormwater permit. Depending upon the quantity of water that would drain through the culvert, they may have to test the water twice a year.
The public hearing reconvened at the Town Hall at 7:59 p.m.

Pat Strachand, representing Evenson Construction Co., Inc., was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• The quarry floor condition is pre-existing.
• There is approximately 105’ along the quarry face that is about 5 feet lower than the quarry floor.
• During the spring through June season there was a little over one foot of water ponding at the face of the west wall.
• Evenson proposes to blast to the south/southeast creating a slight decrease in the grade.
• In the past, Eckert drilled and loaded the holes; Ahlgrimm did the blasting.
• Evenson intends to hire Ahlgrimm to do the drilling and the blasting.
• The west wall is higher than 30’ at its highest point.
• The new access road parallels Cty. Q along the north wall; which allows blasting to occur to the west and south.
• The new access road will reduce dust. It is approximately 40 feet wide with 6” of recycled asphalt surface.
• Putting screenings in the ponding area would create a mushy surface.
• The culvert at the southeast corner is 15”. The culvert is expected to handle the surface water flow due to the small area that would drain through it.
• An area of depression to collect water for dust suppression would be created near the culvert.
• There is a 6’ discrepancy between the three of benchmarks/reference points illustrated on the McMahon survey done in 2003. The benchmarks were intended to be used as reference points to set elevations.
• The north area of the quarry can be used for stockpiling materials.
• The previous operator did not maintain the integrity of the quarry floor.
August 7th, 2006 Board of Appeals 2.
Bertram/Everson CUP for quarry operation

• The variations in the floor’s elevation are within a 5 foot band width.
• Pat believes the previous operator drilled too deep.

Board of Appeals member’s discussion was as follows:
• The permanency of the culvert located near the southeast corner.
• Establishing a consistent reference point; possibly using the culvert location.

Board of Appeals Chairman Rosenthal received a phone call from an interested individual who was unable to attend the public hearing. The caller had several concerns he wanted addressed. The concerns were as follows:
• An Enders truck dumped fill in the late afternoon on a Saturday. Pat responded that the gate is not up yet; he is waiting for the final permit. Dan Bertram responded that people do bring in fill that will eventually be used for reclamation.
• A load of gravel left the quarry after hours on a Saturday. Although he doesn’t recall the specific incident, Dan Bertram responded that any material leaving the quarry would have been for the Bertram’s use.
• The berm is not complete. Chairman Rosenthal commented that the Board could see during the site visit that the berm has been completed.
• The caller was removed from the area for a pre-blast survey. He was instructed that if he wanted a survey; he would have to pay $750.00. Pat explained that he has gone to great lengths to follow the ordinance; particularly in regards to the pre-blast surveys and the water testing. The ordinance requires pre-blast surveys and water testing for interested property owners within a 1000 foot radius. Also, pursuant to the ordinance, property owners beyond the 1000 feet radius may request a pre-blast survey and water test but it is the Town Board’s decision as to whether or not the quarry operator will be required to pay for the costs. Detailed information was mailed to interested parties. The information informed the property owners beyond the 1000 foot radius that a pre-blast survey would cost $225.00 and the water test would cost $175.00. Pat added that after the mailing, he found a different company to do the water tests for $57.00. The property owners were asked to respond by returning an enclosed postcard within a two week period. The new owner of the Steffes house, the only non-Bertram owned property within the 1000 foot radius, was not interested in having a pre-blast survey or water test done. The Schwantes’ were only interested in a water test. Dan Freund called the day before the cards were due to be returned. Dan demanded an immediate return call. He was unable to return the call until approximately two hours later. He left a message for Dan. Dan never returned his call. Pat noted that the blasting notice was sent to the same individuals who received the pre-blast survey/water test information. Pat stated he believes it is important to be consistent with the ordinance.

The Secretary reminded the Board that the only purpose of the public hearing is to address the quarry floor issue.

Jim Rosenthal motioned to establish a new reference point by inserting a 1” steel rod in an area within 4 feet of the culvert opening; which is located near the southeast corner of the quarry. The top of the rod is to be 18” above the existing quarry floor. The top of the rod shall be the zero mark. The top of the rod (zero mark) is to be referenced as the lowest point in the northwest corner of the quarry. The floor along the west and south wall shall not exceed a total of 96 inches based upon this reference point. The motion was 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).

John Buechel motioned to adjourn the public hearing at 8:57 p.m., seconded by Barb Bertram. Motion carried (5-0).
August 7th, 2006 Board of Appeals 3.
Bertram/Everson CUP for quarry operation

Brenda A. Schneider

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Fond du Lac County, Wisconsin

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