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MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
February 10, 2003
The meeting of the Mineral Mining Review Bopard was called to order
by Scott Conners, Acting Chairman at 2:00pm in the Commissioner's
Chambers, 4243 Remembrance Rd., NW., Walker, Michigan.
Members present: Scott Conners, Acting Chairman; Darrel Schmalzel;
Gary Voogt; and Mark Koning. Member absent: Steve Versluis. Also
present: Jeff Nelson, Building Official; Mark Rambo, Engineering
Coordinator; Dick Denney, Deputy Building Official; and Bonnie Antcliff,
Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 700 Maynard, 41-13-33-126-003, 102-001, 200-001,
& 126-002.
Applicant & Shoemaker Aggregates Corp.
Mining Cont: PO Box 908
Grandville, Mi. 49418
Owners: Anne B.Voshel Jack Goodale
636 Wellington 0-21 Fennessy St.
Chicago, Il. 60657 Grand Rapids, Mi. 49544
Shoemaker Aggregates has requested approval for a Mineral Mining
license.
Finding of Facts
Brent DeRose of Nederveld Associates appeared on behalf of Shoemaker
Aggregates.
Jeff Nelson stated that the four conditions from last year were:
1. Soil erosion permit resolved by March 1, 2002.
2. Letter of credit submitted by March 1, 2002.
3. Sign at entrance of site have a visible street address.
4. One on five contours on the north side or agreement submitted from
miner and owner with agreement on contours on next year's plan.
Detention area to be relocated into Phase 2.
The first three conditions have been met.
Brent DeRose pointed out the site plan with explanations. He went on
to say that they do not have an agreement currently in place for one on
five contours. He stated they are working on this and it is up to the
owner as to what he wants here.
Scott Conners stated that it is clear that we need something in
writing to allow one on three contours with the property owner.
Mr. DeRose stated that we have a one on five slope that will cut into
his base elevation and it is our understanding that he wants to maximize
that area.
Bob Shoemaker stated that Jack Goodale owns the property and John
DeYoung lives to the north and John is in control of the property. It is
what John wants. Mr. Shoemaker stated he has been working with John
DeYoung as far as what the property should look like and what the final
grade should be. He stated that when we started mining here, Walker
wanted one on three slopes here and then last year John DeYoung thought
he wanted a one on five slope. When we showed him what a one on five
would end up being, he was not sure what he wanted. He may know now what
he wants but we have not been in touch.
Scott Conners stated that the ordinance requires a one on five but we
have bent the rules to do a one on three with special approval. If it is
going to be a one on three we need special approval and we asked for
that last year and still do not have it.
Bob Shoemaker stated that last year Steve Verluis stated that the
applicants and the property owners needed to get together and work it
out so everyone is happy and that is what we are trying to do now. The
paper work states that Anne Voshel is the owner. Anne Voshel is not the
owner so what we really need to do is talk to John DeYoung and
Jack Goodale and find out what they want. We have put a lot of
material in there already and it will take time to put more in there.
Ms.Voshel has a contract with the owner.
Mark Rambo stated he was at the site prior to all the snow and
everything looked like it does on this site plan. He went on to say that
he has a concern because last year Ms. Voshel signed the authorization
papers for this site. We need to update this with the current owner.
Brent DeRose stated that last year the focus was to mine the south
property line and we broke through into the Hendges Pit as well as part
of the property line with Pitsch. That was all cleaned up and in another
area there was some standing water on the limits of Phase 1 and Phase 2.
That has been regraded and we have positive drainage down to the south.
There has been a little mining taken off the north. There is a little
clay embankment on the south side near the Phase 2 limits and we are
going to take that out as there is a need for it. Then we will reclaim
the base as we go and get the grades set. Phase 1 limits have been just
about closed out. These grades all work and they are draining off to the
south in this project. We have also started to reclaim the westerly side
of Phase 2.
Gary Voogt stated if the ordinance calls for a slope of one on five
and you show a one on three if it is all a common property, then you go
over the top of the hill and back down and very quickly you catch up
with yourself and make a one on five.
Bob Shoemaker pointed out on the site plan where the fence is located
and stated that it is from the road at the top of the mining boundary
and that is where Mr. DeYoung has his deer. He felt at one time that
they could go to the north but he does not know if Jack Goodale wants to
do that., Now there is a fence up there, it is not likely. It is a 10
ft. fence. With the lease with Anne Voshel and Jack Goodale there is a
large tree line here and from that line to the south is where the trees
have been removed and that is the area that the lease covers to be
mined. The original lease did not go beyond that big tree line. What we
are doing is the same thing we did on the west side, we are putting
embankment material up against that bank to replace the sand that has
been mined to get the slope. Last year there was a pond that needed to
cleaned up and the elevation brought up and
the road that went all the way to the back had to be taken out. We
have done that. This is the largest reclaiming area that we have done
since we have been here.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to open
the public hearing.
Motion carried 4 to 0.
MMRB 2-10-03
No citizen appeared with respect to this application.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to close
the public hearing.
Motion carried 4 to 0
Scott Conners asked if everyone was satisfied with the reclamation
and how it took place? It was an item that was debated last year.
Mark Rambo stated it is better than it was last year. It is now to
grade. The vegetation has not taken yet. It is starting in some areas.
Bob Shoemaker stated it is not seeded because of all the clover there
and Mr. DeYoung did not want it seeded. He stated they will work with
Mr. DeYoung on how he wants it.
Scott Conners stated that the vegetation is now covered under the
soil erosion act and we can go out once a month and make sure it is
happening. If we get the right grade then we can have Mark Rambo go out
and follow up with the vegetative covering.
Gary Voogt asked if the right grade in a sand pit works for a one on
three and do you get good cover on it? There is also an existing oil
well here. How do you handle that?
Mr. DeRose stated that it will have to be capped.
Scott Conners stated that he felt that Mr. DeYoung has asked the
Board to fully enforce everything that we could according to the
ordinance to protect him as a property owner. We asked that an agreement
be written up about the sloping on the north side. If there is no
agreement in place, then we will have to enforce the ordinance and make
it a one on five.
Brent DeRose stated that the problem is that Mr. DeYoung is using the
land but he is not the owner.
Scott Conners replied that this Board has to have an extra
justification for something this is above and beyond what the standard
is which is one on five.
Mark Rambo stated that he had a conversation with Mr. DeYoung last
year and he refuses to sign anything that would make him responsible on
the site since he is not the owner of the property.
Darrel Schmalzel stated he did not have a problem with a one on three
versus a one on five because this is not a property line, it is more of
a lease limit line versus the edge of a property where we have a
potential of a cave-in or steeper slopes.
Scott Conners felt the Board needed to be presented a design and
there is also the issue of ownership.
Bob Shoemaker stated that when we first opened the pit, it was a one
on three. Last year someone suggested that we go to a one on five. He
stated that it did not matter to him.
Scott Conners stated that it has been one on five for at least 10
years. We need to hold everyone to the same standard. The cases where we
allowed a one on three were areas that were mined 20 years ago and there
was a very steep slope and we knew that we could not ask someone to come
in to do a filling operation as that is what it would take to make a one
on five. In some of those areas we did accept a one on three because
they were cleaning up the sins of the past. This is not that kind of
situation; it is an active mining site. We need some justification to go
steeper than one on five. We want to know that the property owner is in
favor of a one on three and that the slope was going to be stable and
that it had a design like soil erosion control blankets, so many inches
of top soil, and maybe a special type of vegetation to hold the slope
down. We need the property owner to agree and we need some kind of
design for the slope.
Motion
Gary Voogt moved and Darrel Schmalzel supported the motion to table
this application. The plan should be revised to show a one on five slope
or an agreement signed for a one on three slope by the owner.
Motion carried 4 to 0.
DECISION AND ORDER
Legal Description
Property located at 2619 Butterworth, 41-13-33-400-002.
Applicant & Shoemaker Aggregates Corp.
Mining Cont: PO Box 908
Grandville, Mi. 49418
Owner: Flossie Hendges
826 California, NW
Grand Rapids, Mi. 49504
Shoemaker Aggregates has requested approval for a Mineral Mining
license.
Finding of Facts
Jeff Nelson stated that the conditions from last year were:
1. Letter of credit or bond submitted by March 1, 2002.
2. Soil erosion permit be obtained by March 1, 2002.
3. Sign to pit is faded and needs to be repaired with visible street
address.
4. Catch basin in driveway needs to be cleaned and maintained along
with having the outlet determined.
5. There is standing water at the end of the asphalt access drive.
This area should be re-graded.
Mark Rambo stated that he met with the Engineer about the catch
basins and water in the driveway and that has been resolved. The catch
basins are not causing a problem.
Brent DeRose of Nederveld Associated pointed out the site plan. He
stated we are continuing to the east this year and will clean up the tee
pee and work on the sand on the north lot line and these two pits will
be separated. A lot of the base area on the south has been reclaimed.
The detention basin is partially constructed. At some point in time, if
it is a necessity, we will dig it out but right now there is vegetation
established across the area. If there is a demand for clay, we will be
able to knock out the northwest corner and then the two mines will be
connected and we will begin reclaiming all of that as well.
Gary Voogt asked if the presence of clay was going to make the
detention pond more important as we go along?
Mr. DeRose stated that it is all top soil there now once it hits the
base. There is good vegetation and there is some sand left on top of the
clay.
Scott Conners asked about the lawsuit on this property.
Jeff Nelson replied that we have received all of those papers last
year. That has all been resolved.
Darrel Schmalzel asked if once these two pits are connected will one
of the drives on Maynard be eliminated.?
Mr. Shoemaker stated that it is our long range plan. He stated they
are not mining the Demolition site.
Motion
Darrel Schmalzel moved and Mark Koning seconded the motion to open
the public hearing.
Motion carried 4 to 0.
No citizen appeared with respect to this application.
Motion
Gary Voogt moved and Mark Koning supported the motion to close the
public hearing.
Motion carried 4 to 0.
Scott Conners stated that the plan says the storm water detention
area has a controlled outlet. What is the controlled outlet?
Mr. DeRose replied it is not a controlled outlet on this plan. Right
now it is going to be collected in a retention basin. Just off to the
west of the site there is a low point that goes across Butterworth and
ultimately that will probably be the outlet for this retention basin.
Scott Conners stated that if the water from this site is allowed to
spill off to the west on the other site without being captured and
detained, there will be trouble. He stated he would like to see a large
sump built there large enough to hold some of that water back. The
applicant should come up with an appropriate solution.
Gary Voogt stated that it looks like this pit is going to be all
mined out in 2003. So what do you mean by permanent future storm water
detention?
Mr. DeRose replied that this will not all be mined out in 2003. There
is still a lot of embankment material here.
Gary Voogt stated if there are many years left at this site then it
is not so urgent to address the storm water but when you talk about silt
and clay and the need for that, it sounds like run off and it should be
time to start thinking about permanent storm water.
Mr. DeRose stated that the mining for clay is going to be from 2003 -
2007.
Scott Conners stated that he felt a condition should be made that a
design be provided under the soil erosion permit for a detention pond of
some temporary size with control structures provided to Mark Rambo for
his review to get us through until next year. This should be done in
phases and this is all one big phase.
Bob Shoemaker stated that on the east side of the map where the
blacktop road is, around the north side of the oil well, we started
there to the specified grade and went back to the holding reclamation
there to the west. That is all pretty much flat. Throughout that whole
area we have put top soil and have seeded it. This is not all clay.
There are pockets of sand so the water does seep away, it does not all
run off. That was open all year. That reclaimed area has not taken much
silt this year. He did not feel there was a run off problem. It ponds up
and then it runs across the property to Demolition's and there is also
another holding pond there that is a deep one so there is not going to
be erosion into the drain pipes as long as that is maintained. If we
continue to work to the north there is a foot fall in a hundred feet and
that is pretty flat.
Gary Voogt stated that why don't you take the whole storm water thing
off this plan if we do not need it?
Bob Shoemaker replied that there is going to be water running out of
there eventually. It will only hold so much water.
Mr. DeRose pointed out the lowest spot. We come up to 260 to the
north and west and then all the water comes down into that basin.
Bob Shoemaker stated that right now everything is working. It is
seeping away and does not all run off. It does not all run off into the
neighbor's property. From east to west it is all top soiled and seeded
on the western part.
Gary Voogt replied if you put the bottom of the retention area all to
grade and get it seeded, it would be done.
Motion
Gary Voogt moved and Darrel Schmalzel supported the motion to approve
the Mineral Mining license for 2619 Butterworth until February 28, 2004.
The Board imposed the following conditions:
1. A future permanent storm water plan be constructed in 2003 and
stabilized.
2. A key to the pit be provided to the Building Dept. to enable them
to do inspections on the site.
3. Letter of credit needs to be submitted by March 1, 2003.
Motion carried 4 to 0.
DECISION AND ORDER
Legal Description
Property located at 2713 Wilson, SW, 41-17-07-100-040 & 041.
Applicant & Shoemaker Aggregates
Mining Cont: PO Box 908
Grandville, Mi. 49418
Owner: Shoemaker Aggregates Corp.
PO Box 908
Grandville, Mi. 49418
Shoemaker Aggregates has requested approval for a Mineral Mining
License.
Finding of Facts
Jeff Nelson stated that the conditions from last year were:
1. Stop the excavation along the east bank and begin to restore that.
2. Active face on the east end of the site the first to be excavated
to work around and complete Mrs. Timm's home.
3. Revisit the restoration at the southeast end of the site with the
property owner to ensure that no erosion is taking place.
4. Sign at site entrance needs to have a visible street address.
5. Letter of credit needs to be submitted by March 1, 2002.
Mark Rambo stated that this plan is quite similar to last year's
plan. The concerns were around the house and the erosion. He went on to
say that he talked with the Engineer about this and when it is completed
everything will be running back into the site. Everything was going to
be resolved between Shoemakers and the home owner. He went on to say
that he has no problem with the plan.
Jeff Nelson showed aerial photos o the site taken in December 2002.
Brent DeRose of Nederveld Associates stated that this plan is similar
to last year's and there has not been much activity here. The intent for
this year is to fix up the area around the house and start mining to the
north and northeast.
Bob Shoemaker stated that more sand has to be taken out behind Mrs.
Timm's house before it can be restored.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to open
the public hearing.
No citizen appeared with respect to this application.
Motion carried 4 to 0.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to close
the public hearing.
Motion carried 4 to 0.
Darrel Schmalzel stated that not much has happened here in the last
year.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to
approve the Mineral Mining minutes of January 21, 2003.
Motion carried 4 to 0.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to
adjourn the Mineral Mining meeting at 3:05pm
Motion carried 4 to 0.
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