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Board of Appeals
Wednesday, December 10 2008
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing


PLEASE TAKE NOTICE that on Wednesday, December 10th, 2007, at 7:30 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the possible issuance of a temporary Conditional Use Permit to Northeast Asphalt, Inc. The temporary Conditional Use Permit would authorize Northeast Asphalt to operate an asphalt plant on the following described lands:

• Part of the NE 1/4 of the SW 1/4 of Section 16, T16N R18E, Commencing at the NE corner SD 1/4 , thence W 518.63', S1*17'32"E, 703.88' E to the E line SD 1/4 Ό, thence N to the point of beginning, as recorded in V1243-379, 8.37A
• Part of the NW Ό of the SE Ό of Section 16, 16N R18E, commencing at the NE corner, thence S 703.76', W to W line SD 1/4 Ό, thence N to NW corner, thence E to the point of beginning, as recorded in V1243-379 21.41A

This hearing is open to the public.

Town Board members may be in attendance.

Brenda A. Schneider, Clerk


The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Wednesday, December 10th, 2008, at 7:30 p.m., at the Taycheedah Town Hall for the purpose of considering the issuance of a Temporary Conditional Use Permit to Northeast Asphalt, Inc.. Members present were Chairman James Rosenthal, John Buechel, Tom Friess, and Clarence Kraus. The hearing was tape-recorded and Secretary Brenda Schneider took notes. The Chairman called the public hearing to order at 7:32 pm. Brenda Schneider read the notice of public hearing.

Pete Kozak and Paul Budzynski, representing Northeast Asphalt, Inc., were sworn in. Their testimony was as follows:
• Northeast requests a Conditional Use Permit for the temporary operation of an asphalt mixing facility for a number of local projects scheduled for 2009.
• As stated in Northeast’s letter, dated 10/13/08,
o Hwy. 151 will be reconstructed.
o The Town and the County could purchase asphalt for their local projects.
o Good roads promote economic development and improve access by emergency services.
o Greenhouse gas emissions are decreased due to shorter trucking distances.
• The majority of the traffic out of the quarry will travel west on CTH Q.
• They estimated the truck traffic to be at least 10 trucks per day making 12 trips each; which would be less than the truck traffic experienced with the wind turbine construction.
• The weight limit on the trucks would be equal to the road weight limits.
• Northeast has been operating the quarry since 1990. Prior to Northeast, the Simons operated it since 1970’s.
• Northeast has not received any property damage or vehicle damage complaints over the past few years.
• The line-of-sight at the driveway is good in both directions.
• The access road to the quarry is paved from the scale to CTH Q. They have not received any dust complaints.
• They have not received any complaints from the neighbors over the last two years pertaining to excessive noise or loading out after hours. Tim Simon once stopped an operator trying to load before the hours of operation.
• There have been no entrants after hours.
• The scale is maintained throughout the day and tested annually.
• The typical hours of operation for asphalt trucking are 6 am to 8 pm. However, Northeast acknowledged that they will have to work within the Conditional Use Permit hours of operations.
• The asphalt plant will build up air pressure in the morning. It takes only 10-15 to warm-up the plant.
• Asphalt is a combination of 95% aggregate stone and sand; and 5% asphalt cement delivered by semi tanker truck. The tanker trucks will unload into one or two storage tanks that will be located on site.
• The exhaust fan/chimney height of the plant is 20-25 feet; which will be at or slightly above grade.
• Additives are mixed into the asphalt concrete to reduce odor in the exhaust. Exhaust will be visible coming out of the stack. The exhaust will be 95% steam. Charcoal filters are also on the bag house. Over the last 30 years, asphalt plant emissions have been reduced by 97%. The mixing temperature can be reduced due to the closeness of the job; which reduces the odor. It is not possible to measure or gauge the degree of odor.
• Additional crushing of aggregate needed for the asphalt plant will not exceed the quarry’s production levels over the past few years.
• The asphalt plant will not create a need for more water at the site. Water will be needed for dust control only.
• The nearest permanently permitted asphalt facility is at CTH F, Eden. A closer facility will reduce road use for transporting; trucking will be decreased by an estimated 2,800 hours; and fuel expenses will be decreased by an estimated $25,000.00.
December 10th, 2008 Board of Appeals 2.
Northeast Asphalt, Inc. Temporary Conditional Use Permit

• Northeast is a local company with approximately 300 employees; 30 of which live in Fond du Lac County.
• The odor agent added to the asphalt is not optional; it is required by the State. Approximately 5 gallons of the agent is added to every tanker load.
• Recycled oil is used to operate the dryer stored in the cargo tanker.
• Diesel fuel is stored in a small tank.
• Safety control/guidelines are established by the State.
• Northeast doesn’t typically do residential work.
• They recycle asphalt whenever possible. They specifically limit the amount of production to meet the expected need for day.
• The aggregate is heated to 280 degrees; the asphalt cement is heated to 300 degrees. Temporary plants are usually more fuel efficient.
• The plant would be onsite from April to November, 2009. It takes two days to put it up and two days to dismantle it.
• It is difficult to predict whether or not they would still construct the plant if not awarded the State project. They believe that they wouldn’t need to get all of the projects to make the plant construction cost-effective.
• Northeast would return asphalt material that fails to meet State specifications to the pit to be recycled.

Responses to questions from the public and Board of Appeals members were as follows:
• The plant will be located within the Northeast Asphalt permitted area.
• Truck traffic was estimated at 10 trucks per day hauling an estimated 12 loads of finished product and four loads of asphalt cement per day. The supply trucks will approach the quarry from the west.
• Northeast does not truck out the finished product; therefore, they have no control over engine braking.
• Trucking asphalt creates less dust than trucking crushed stone.
• Northeast has operated asphalt plants in quarries with residential property nearby. They have not received any complaints about it.
• Northeast pays property taxes.
• Emission tests are routinely done. The EPA did a study several years ago. The emissions emitted for a 100,000 ton per day asphalt plant are less than two wood stoves. All asphalt loaded trucks are tarped. In 2002, the EPA removed hot mix asphalt plants from the list of hazardous sources of air pollution. Over the last 30 years, the industry has reduced emissions by 97% while increasing production by 250%.
• The asphalt is loaded onto to the trucks through a tube. The truck is then tarped. Limited exposure will help control odors.
• The exhaust fan is driven by a 125 hsp motor. The fan directs particles to the bag house; where they are collected and transported back into the mix.

Public comment:
• Resident opposed to the affects the asphalt plant will have on the local aesthetics.
• The plant will give the Town little benefit but cause significant personal impact.
• A few residents are not happy with the quarry operation and stated there are problems with the quarry. Specifics were not given.

Board of Appeals discussion and observations were as follows:
• The height of the stack will not impact the degree of odor.
• The moving of the product from the silo into the trucks creates the most concentrated degree of odor. The bag house eliminates most of the odor.
December 10th, 2008 Board of Appeals 3.
Northeast Asphalt, Inc. Temporary Conditional Use Permit

• The use of an odor controlling additive is essential. The Town needs information pertaining to the optimum use and volume needed to provide maximum control of odors. Products specification sheets can be provided to the Town.
• Northeast is willing to address any issues and/or complaints as they arise. They intend to operate the asphalt plant with a good-faith effort.
• Little water is needed for dust control on the access drive. Water is used routinely with the quarry. All materials are watered during production.
• The estimated maximum height of the stockpiles is 50 feet.
• A temporary permit will mean temporary with a definitive end date.

Tom Friess motioned to approve a temporary Conditional Use Permit to Northeast Asphalt, Inc., for a temporary asphalt concrete plant under the following conditions:
 The term of the permit will be from April 1, 2009 to November 30, 2009. Teardown and removal of plant components to be completed by the end of the day November 30, 2009.
 Trucking would be less than what has been experienced over the last three years with an estimated 120 truck trips in and out at this site hauling asphalt product; excluding the trucking of stone from other areas of the quarry.
 Northeast shall use an odor-reducing additive at the optimal level per the manufacturer’s recommendation.
 Blasting activity will not need to increase above the amount experienced over the last few years due to the decrease in demand for stone.
 Truck weights must comply with maximum road weight limits.
 CTH Q ingress/egress shall be used for access to the plant.
 Northeast will consider posting a sign at the exit of the plant advising truckers to use their engine brakes for emergency situations only within one mile radius of the plant.
 Limit excess dust as much as possible.
 Recycled asphalt material will continue to be stored at the site.
 Stockpiles of material shall not exceed 45 feet, leaving 5 feet of head space when using a 50 foot stacker.
 Only stockpiled material will be located on the Simon portion of the quarry.
 Inform the Town Clerk of any complaints received by Northeast Asphalt, Inc.
 The hours of operation will be the same as the conditional use permit to quarry. Those hours being the following:
 Monday-Friday 7 a.m.-6 p.m. load-out only 5 p.m.-6 p.m.
 Saturday 7 a.m.-2 p.m. load-out only 12 p.m.-2 p.m.
 Sunday & holidays no operation
No start-up of large equipment prior to 7 a.m. This would exclude, for example, the 25 hsp air compressor used to warm the plant.
 Northeast shall notify all property owners within 1,000 feet regarding the project, the conditions on the project and the complaint procedures.

The motion was seconded by John Buechel. Roll call vote:
Clarence Kraus yes
Tom Friess yes
John Buechel yes
Jim Rosenthal yes Motion carried (4-0).
John Buechel motioned to adjourn the public hearing at 9:43 p.m., seconded by Clarence Kraus. Motion carried (4-0).

Brenda A. Schneider
Town Clerk
Appeals Board Secretary

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