Board of Appeals
Tuesday, March 3 2009
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
TOWN of TAYCHEEDAH
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC MEETING
PLEASE TAKE NOTICE that the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on Tuesday, March 3rd, 2009, 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 amend their Conditional Use Permit for the expansion of the quarry and mining operations. 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 consider amending the Conditional Use Permit to expand the quarry to include the following described contiguous property:
A part of the NW ¼ of the NW ¼ of Section 15,
Commencing at the NE corner of the NW ¼ of the NW ¼ of Section 15;
Thence running west parallel with the north line of said NW ¼, NW ¼ 700 feet; thence south 1,250 feet to a point, thence east 700 feet to the north and south quarterline, thence north on said quarterline 1,250 feet to the north of said NE quarter/NW quarter tract, the place beginning, containing approximately 20.2 acres, more of less.
The public 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
The Town of Taycheedah Board of Appeals conducted a public hearing on Tuesday, March 3rd, 2009, at 7:00 p.m., on behalf of Dave & Dan Bertram, d.b.a. Summit Quarry, and Evenson Construction Co., Inc.. They request an amendment to their Conditional Use Permit for a 20-acre expansion of the quarry. Members present were: Chairman James Rosenthal, John Buechel, Barb Bertram, Jason Meyer and Clarence Kraus. The Secretary, Brenda Schneider, recorded the hearing and took notes. The Chairman called the hearing to order at 7:02 p.m.. The Secretary read the notice.
Pat Strachan, representing Evenson Construction Co., Inc., was sworn in. His testimony and responses to Board of Appeals members questions were as follows:
• Approximately 100’ of material remains along the west side of the quarry; which is estimated to be 1-1 1/2 year’s supply.
• He intends to extend the berm along Cty. Q in preparation for the move into the adjacent 20 acres.
• He would remove the overburden from the west and south sides of the current site and then incrementally mine into the 20 acres abutting the west side of the current quarry.
• They would continue to use the existing ingress/egress off of Cty. Q.
• He intends to maintain a level quarry floor.
• The current open area is needed for stockpiling.
• Initial reclamation could begin once they start working into the adjacent 20 acres. He noted that their current reclamation plan filed with Fond du Lac County states that reclamation will occur in one step upon depletion of the resource. He also noted that the reclamation plan would need to be revised if the 20 acre expansion is approved.
• Dust control has not been an issue. The conveyor is 40-50’ tall and is equipped with a watering system. They use water reclaimed from the cooling system on the bulk tank at the farm.
• He expects to apply the same conditions to an expanded operation.
• He is typically onsite during crushing.
• A computerized gate prohibits truck traffic after hours.
• Electricity to the scale house is by 100 amp service.
• They did not do any blasting during 2008 and they did only one set during 2007.
• He estimates the additional 20 acres would be at least 10 year’s worth of materials in a good economy.
• The west berm would shift further west. The berm would be high enough to provide protection to the farmer.
• There is a triangular ridge off of the southwest corner of the existing quarry. He intends to ask in the future to expand the quarry to take in the triangle to allow for its removal as part of the reclamation.
Chairman Rosenthal opened the public hearing for statements and questions for Evenson. None were presented.
Chairman Rosenthal opened the public hearing for statements and questions for the Bertrams.
Dan Freund was sworn in. His statements and questions were as follows:
• He owns the farm and buildings located at his parents’ home; although he acknowledged the property is still listed in Victor’s name.
• In the past, Evenson offered to do a pre-blast survey and water test at the farm at the owner’s expense. Northeast Asphalt provided the survey and test free of charge. Mr. Freund requested that Evenson be required to provide him the tests at no charge.
• The tower company wants a seismograph placed at the site instead of at Victor Freund’s farm. Dan acknowledged that Evenson has been putting the seismograph at the tower site; he wanted to ensure that practice would continue.
• Sometimes he sees a little dust in the fields. He feels the quarry’s fugitive dust program is working.
• His well water tests have been stable.
March 3rd, 2009 Board of Appeals 2.
Summit Quarry/Everson Const.-CUP for quarry expansion
Gary Jung was sworn in. His statements and questions were as follows:
• He has had no problems or issues with the Bertrams or the quarry.
• Evenson offered to pay for his pre-blast survey and water test.
• He hasn’t noticed any dust.
Board of Appeals member’s discussion was as follows:
Brenda Schneider briefed the Board of Appeals members regarding a long-standing request from J&E Eckert to release the bond issued to the Town for purposes of reclaiming the site. Brenda has refused to sign the release submitted by Eckert without authorization from the Board of Appeals.
Evenson has submitted a $20,000 bond to the Town and a $32,000 bond to Fond du Lac County. They are bonding for reclamation of the entire site. The Town is required to administer reclamation of the area opened prior to 8/1/01; and the County is required to administer reclamation of the area opened after 8/1/01.
Jim Rosenthal motioned to authorize Brenda Schneider to contact Attorney John St. Peter regarding maintaining the bond and possible forfeiting the bond money to the Town, with the proceeds to be held in escrow by the Town, to be used to assist Evenson with the cost of reclaiming the approximate five acres of the quarry mined by Eckert, and to communicate to Eckert in reference to the bond issue, including an anticipation that reclamation may be activated for at least five years, seconded by John Buechel. Motion carried unanimously by roll call vote (5-0).
Barb Bertram motioned to approve the request to expand the quarry operation into the adjacent 20 acres, require the operator to pay for a pre-blast survey and private well monitoring, as stated in the ordinance, at the Victor Freund farm, and conditional upon amending the reclamation plan currently on file with Fond du Lac County, seconded by Jim Rosenthal.
Brenda Schneider read and explained Section 7-5-5(g)(3)(a) of the Town of Taycheedah Code of Ordinance in reference to the quarry operator being required to pay for surveys and tests if the property is within the affected area as delineated in the ordinance. The section also notes that property owners beyond the affected area may request the Town Board to direct the operator to pay for the survey and test.
Evenson is willing to pay for a pre-blast survey and well test at the Victor Freund property.
Motion carried unanimously by roll call vote (5-0).
John Buechel motioned to adjourn the public hearing at 8:14 p.m., seconded by Clarence Kraus. Motion carried (5-0).
Brenda A. Schneider
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