|
MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Wednesday, February 11, 2004 - 2:00pm
The meeting of the Mineral Mining Board of Review was called to order
by Steve Versluis, Chairman at 2:00pm at City Hall, 4243 Remembrance
Road, N.W., Walker, Michigan.
Members present: Steve Versluis, Chairman; Scott Conners; Mark Koning;
Darrel Schmalzel; and Gary Voogt. Also present: Jeff Nelson, Building
Official; Dick Denney, Deputy Building Official; Mark Rambo, Engineering
Dept. and Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 2228 Butterworth, 41-17-04-200-001, 002, &
41-13-33-400-004, 006, & 41-13-34-300-006.
Applicant: Dykema Excavators, Inc. Owner: Developers, Inc.
1730 3 Mile Rd., NE 1730 3 Mile Rd., NE
Grand Rapids, Mi. 49505 Grand Rapids, Mi. 49505
Mining Cont: Grand Rapids Gravel Co.
2700 28th St., SW
Grand Rapids, Mi. 49509
Dykema Excavators has requested approval for a Mineral Mining
license.
Finding of Facts
Jeff Nelson stated that this is a new application as of last year so
there were no stipulations from last year. We do have a letter of credit
for $25,000 for this year.
Mark Rambo stated that there are no issues here and there has not
been much if any activity at this site.
Dan Shimmel of Developers, Inc. stated that they have not done
anything on this. He went on to say that they have been working with the
DEQ in conjunction with Kent County Millennium Park and we are in the
process of collaborating with the County on what we want to end up with.
He stated that we are working with Bob Day on taking some of the over
burden and putting it where gypsum has been stored, to the north and
east. We are trying to work with the County on what their needs for the
Park are going to be. We are entering into an agreement with the County
to sell the west plant and this piece of property that we still own. We
are going to sell this to the County sometime this year and we will
lease it back until the mining operation is done.
Steve Versluis replied that there is no question that the end use of
this property will be recreational.
Scott Conners asked if they had a DEQ permit for the wetlands?
Mr. Shimmel replied that it is part of the DEQ permit. We are
creating wetlands in Phase 1 by the Grand Rapids Gravel/Postema property
where the Park is and because the State of Michigan does not have a
wetlands banking program, part of our present application for this site,
refers to the wetlands that have and are being created in Phase 1 of
Millennium Park. We have been asked to use the wetlands credits that are
being created in Phase 1 and to use those credits in the balance of
Phases 2 thru 5 of Millennium Park. This has not all been worked out
yet.
Scott Conners asked about the gypsum piles.
Mr. Shimmel replied that the gypsum piles that are there have
presently an inert designation which is a 2 year designation. We are
currently re-applying for that designation so that at the end we have
two recourses. One is to use in an agricultural basis where we can grind
it and use it for gypsum or as a land additive. The second alternative
is that we can cap that with an appropriate design criteria that the DEQ
has given us and then grade it for the Park.
Scott Conners stated that the application states that reclamation is
part of the Millennium Park plan. He felt that there should be a note on
the application stating that the disturbed areas will be restored.
Mr. Shimmel replied that he felt that the plans shows that there will
be restoration as far as getting vegetation here and so on. That can be
added to the plan. He went on to say that when they get a permit from
the DEQ, they have two years to finish this. In two years it will be
turned over to the Park so that they can start integrating this area
into the Park.
No citizen appeared with respect to this application.
Motion
Darrel Schmalzel moved and Mark Koning supported the motion to grant
the Mineral Mining License for 2228 Butterworth until February 28, 2005.
The Board imposed the following condition:
1. We get a copy of the DEQ permit when it is issued for our files.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 2200 Walker Ave., 41-13-10-451-001, &
41-13-10-329-003, 001, & 41-13-10-476-008.
Applicant & Velting Contractors Owners: Kenneth & Kathleen Jackson
Mining Cont: 3060 Breton Rd., SE 5924 Barna Ave.
Kentwood, Mi. Titusville, Fla. 32780
Edmund Preston
PO Box 141667
Grand Rapids, Mi. 49514
Velting Contractors has requested approval for a Mineral Mining
license.
Finding of Facts
Jeff Nelson stated that the conditions from last year were:
1. The dirt drive be permanently blocked off and closed and that has
been done.
2. Name to be placed on the sign at the site and that has been taken
care of.
3. Bond or letter of credit to be renewed. We do not have a new
letter of credit.
4. A key to site be provided and we do not have that.
Brent DeRose of Nederveld Associates stated that a key to the site
can be provided.
Mark Rambo stated that the Hall Rd. on the SE needs grading so that
nothing gets to the wetlands on the SE corner of the site, with possibly
a silt fence. Access to and from the site needs to be through the west
entrance.
Brent DeRose pointed out the site plan. He stated that Velting has
moved a lot of material out of this site this year. The northwest corner
of the site was never touched and we were focusing on the west. This
year the goal is to get the northwest corner of the site cleaned up. The
processing will continue this year in the southeast and continue moving
to the west. The drive to the south has been blocked off. He felt that
in two to four years most of the material on this site will be gone and
next year they will start reclaiming it.
There was a lot of dirt removed here in the last year.
Darrel Schmalzel stated that on the reclamation plan they are
excavating down to a 660 elevation and it looks like they are below that
now. He asked how they are going to compensate for that?
MMRB 2-11-04
Brent DeRose stated that as far as the sediment control and water, we
feel that if it is lower and closer to that water table it is easier to
skim it off the top and the water will go away a lot faster. Because of
that reason we were able to stay in the central region of this site even
when the rains came. There is enough material on site to bring it up to
the proposed grade.
Steve Versluis asked if Kloet Ave. is a workable road and is that a
road that is buildable?
Gary Voogt asked if there is a bottom to this good material? Are we
running into clay yet?
Scott Velting replied that this is all sand.
Gary Voogt commented that the outlet sewer is at 57 and the ground is
at 57 so you are 10 ft. too deep already to serve the site with the
sewer. Long before the 4th year comes there is going to have to be a lot
of material to fill it all back up. It is more than reclamation here.
This is over excavated. We need to be up to around 65 and you are at 55.
Brent DeRose replied that those basins are going to need grinders to
get the sewer out of there. The actual road design is going to have to
be looked at sometime. This is always the reclamation plan that we have
had. The first floor of homes would be able to get out to the sewer. The
site will definitely have to go up about 5 ft.
Scott Velting stated that there is a lot of extra dirt in the NE
corner. This is clay. We are trying to keep as much sand in the bottom
as possible so we can keep mining the bottom rather than bring clay in.
Gary Voogt stated that this site is beginning to be a sand pit. He
went on to say that we want a taxable piece of property here when it is
done.
Scott Conners stated that it looks like the NE area has been raised
up a lot.
Scott Velting replied that part of the reason we have not done a lot
here is because it has been soupy. It is firm enough now and he felt
that they will start leveling this off this year.
Scott Conners stated that we want to kept in mind the requirements
for the compaction of that in the road right-of-way. At the end of Kloet,
that area is within the property, and it is in the line that designates
the mining limits. You are proposing restoration to the west of that and
what is going to happen to that?
Mr. Velting replied that it is Ann Preston’s property—the hill is
basically on Preston’s property. We have taken everything off the
Jackson’s property that we can.
He went on to say that we would mine it if we could but it is not our
property.
Mark Koning stated that there have been no complaints from residents
on this property.
Gary Voogt asked about the power line.
Mr. Velting replied that we will probably grade around the poles
until the development is proposed with final grades.
Scott Conners asked if anyone was representing the Preston’s? Every
year we show this as part of this permit and it shows the reclamation
contours and it is an integral part of the reclamation and this Board is
going to hold you to this.
Mr. Velting replied that is will depend on what the City wants with
the road. The contours were added when the City decided they wanted to
extend the road. We always showed the road coming in off Walker with a
cul-de-sac.
Scott Conners commented that it is not so much the City. If someone
wants to develop this someday, that will drive the connection. In our
transportation master plan, that connection has to be made. We want this
is follow the reclamation plan that has been proposed year in and year
out.
Mr. Velting stated that they have no problem with this.
Gary Voogt asked Mr. Velting if he was just the mining operator here
and not the developer?
Mr. Velting replied that they have discussed this with the Jackson’s
and at this point in time they are comfortable just keeping this in
their own possession. They want to mine all of the sand they can first
before they discuss any development.
No one appeared with respect to this application.
Motion
Darrel Schmalzel moved and Scott Conners supported the motion to
grant the Mineral Mining license for 2200 Walker Ave. until February 28,
2005.
The Board imposed the following conditions:
1. Letter of credit be provided.
MMRB 2-11-04
2. Key to pit be provided to Building Dept.
3. Implement structural BMP’s to protect the wetlands at the SE
portion of the site.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 3101 Butterworth, 41-13-33-301-004, 33-301-005.
Applicant & Diversco Construction Co. Owner: Sandco Inc.
Mining Cont: 675 Clyde Ct., SW 675 Clyde Ct., SW
Byron Center, Mi. 49315 Byron Center, Mi. 49315
Diversco Construction Co. has requested approval for a Mineral Mining
license.
Finding of Facts
Brent DeRose of Nederveld Associates appeared on behalf of Diversoc.
Const.
Jeff Nelson stated that the conditions from last year were:
1. Pond to be constructed by June of 2003.
2. Address to be added to entrance of pit and that has not been done.
3. Key to site be provided to the site and that has not been done.
4. Certification of fencing and we do not have that.
5. Bond to be renewed.
Mark Rambo stated that as far as the reclamation at the site, it is
well represented by the current site plan. He stated that the only
concern that he has is that at the corner of Maynard and Butterworth
there is a small contour ring and it looks like a wet pocket there.
Delineation is probably not necessary but there should be some kind of
protection. At one time there was a silt fence in that area. Something
should be put into the plan.
Brent DeRose stated that there has not been a lot of activity on this
site. The whole Butterworth corridor did not move a lot of material.
Last year’s plan is pretty much the same as this year. There has been a
little material brought in and the basin has been cleaned up some. Part
of the conditions from last year were to have this outlet pipe
constructed and that is in place. The silt fence will be up. The fence
certification will be coming. It needs some attention along Butterworth.
The contractor will renew the bond.
Steve Versluis commented that he felt more work would have done been
here last year.
Dave Maas replied that the jobs were elsewhere and he feels more will
be done here this year. He felt this site will be finished within the
next two years.
Steve Versluis stated he would like to see this cleaned up.
Darrel Schmalzel commented that on the area to be mined under the
2004 permit, we require a 50 ft. setback from the road right-of-way
there and it looks like the mining is going right up to the property
line. The same on the north side, we require a 30 ft. from the property
line. He is concerned on the Butterworth side that it does not get mined
right up to right-of-way and that the 50 ft. is maintained.
Dave Maas commented that there are trees left here as a barrier and
there is also a berm here. For now it is to keep people out of the pit
and provide some screening.
Gary Voogt felt that there is going to be a 20 ft. teepee here and do
we want to leave that and deal with it later or get it out and get the
vegetation started at the right grade? The road is at 40 and the top of
the hill is at 60 and it is 30 at the corner. Do we want uniform grades
or the trees? If you respect the 50 ft. setback, then you are going to
have a long slope of another 100 ft. and that does not lend itself to
development. He would like to see a reclamation plan.
Dave Maas replied that right now the existing trees along Butterworth
are still there and it is not our intention to cut anymore trees. We did
not want to end up with a 20 ft. high berm so we have cut that down some
but we left an 6 to 8 ft. berm there to keep people and traffic out of
there. We have not encroached on the 50 ft. to this point but the logic
was that we wanted it to look like it blended in more than having a big
hill there. Eventually that berm will probably be pushed flat with the
road just like any subdivision would. The trees will have to come out at
the point.
Gary Voogt commented that we agree with that but you have not shown
that.
Darrel Schmalzel stated that if you want to go within the 50 ft.,
give us a plan with a profile drawing showing what that cross section is
going to look like and let us react to it.
Scott Conners commented that the Harold Vaughn property looks the
same every year. This should be reclaimed or have an agreement with the
property owner to remove it.
Dave Maas stated that we have been filling around it but we need the
fill to fill around it and we did not have that last year. We are
planning on hauling fill in here this year. We have talked with the
property owners and their position has not changed.
Scott Conners replied that last year he voted no on the application
because it was an issue year after year that was not resolved and it is
not any better this year. After one year it should be reclaimed and that
is a concern.
Dave Maas replied that the area that is going to be reclaimed is
close to grade so it is a matter of top soiling it and seeding it. We
are working toward the area to be mined this year. This is the only area
with sand left to be mined. We are using Cordes’ entrance this year. We
will run a loop in off of Cordes’ property. We will shut the gate on the
other entrance, eventually that will be the residential entrance.
Scott Conners stated that he felt that once they got past the Butts
and Vaughn homes, that entrance would be closed and access would be from
Maynard.
Steve Versluis commented that this plan shows that the Vaughn
property will be reclaimed this year.
Scott Conners stated that he was concerned that they have allowed
mining that does not meet the ordinance. It is 30 ft. below what it is
suppose to be and it has been for 3 years.
Darrel Schmalzel stated that if this site is not going to get worked
out, then we cannot leave it in the condition it is now in.
Scott Conners stated he would like to see the entire west side
restored including Gregg Butts property. The access to the driveway
should be closed. Can that be done in six months?
Dave Maas replied he would agree to doing it in one year. Last year
there was talk about getting an agreement signed by Mrs. Vaughn that
would allow Gregg Butts to leave the slope that way it is on his
property. Behind Mrs. Vaughn’s we need the one and five slope but behind
Mr. Butts’ property if we fill it in the way the ordinance reads, there
will be the same situation he had before we dug it all out. It is
steeper than a one on five but it has not changed in the last year.
Gary Voogt felt that perhaps this should be tabled and the mining
contractor come in with a new proposal. Also an agreement with Cordes to
use that as the only access and get this land regraded so it makes sense
where the 204 area is.
Scott Conners stated that he felt there should be a revised grading
plan around these two houses.
Motion
Gary Voogt moved and Darrel Schmalzel supported the motion for the
developer to come back with a new plan.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 1400 Maynard, 41-17-04-100-002, 003, 007, 008 &
009 & 41-13-33-376-016.
Applicant: Dave Maas Mining Cont: Gillisse Aggregates
675 Clyde Ct., SW PO Box 278
Byron Center, Mi. 49315 Grandville, Mi. 49418
Owners: Sandco, Inc. Gillisse Construction Co.
PO Box 66 PO Box 278
Grandville, Mi. 49418 Grandville, Mi. 49418
Maas Gravel Group LLC Hunderman & Sons Land
3510 Apache Ct., SW 7029 Homrich Ave.
Grandville, Mi. 49418 Byron Center, Mi. 49315
Gillisse Aggregates has requested approval for a Mineral Mining
license.
Finding of Facts
Brent DeRose of Nederveld Associates appeared on behalf of Gillisse
Aggregates.
Jeff Nelson stated that we need a letter of credit and a condition
from last year was that the crushing operation not be expanded. We do
not have a key to the site but that is not a problem as we have never
had trouble getting into this site due to the crushing operation there.
Mark Rambo stated that there has not been a whole lot taking place
here. There has been very little excavation.
Brent DeRose pointed out the site plan. Not much mining was done here
to the north. A lot of fill was brought in near the drive. The crushing
operation has not been expanded.
Darrel asked if this will be the last year of crushing? Once this has
been removed it cannot go back. It is a non-conforming use.
Brent DeRose replied that this will not be the last year of crushing.
The process will continue and will go on.
Darrel Schmalzel replied that the area to be refilled in 2004 should
be revised to show it accurately on the plan.
Gary Voogt stated that this plan shows 10 ft. of fill. This is a huge
area.
Brent DeRose replied that the intent is not to bring it up to final
grade. There will be fill brought throughout the year in this area.
Gary Voogt asked why do you have cross hatching going through the
gravel and crushed concrete piles?
Mr. DeRose replied those piles move around on the site. It is all
part of the crushing operation.
Scott Conners commented that it seems that the intent is to keep this
as a crushing operation. How much has been mined in the last two years?
Dave Maas pointed out the area to be mined. He stated that our
intention is to keep filling here into the future, we still have a hole
that needs to be filled, not just here but also on Butterworth. We get
concrete all the time and we do not have a good place to crush it except
here. Our intention is to keep filling and keep crushing even after this
is mined out.
Jeff Nelson stated on an agricultural site, there should be no
offsite material being crushed. Crushing should be only for material
found on the site. Off site crushing should be in an industrial area.
This is a non-conforming use.
Darrel Schmalzel stated that this is the Mineral Mining Review Board,
not the Mineral Concrete Processing Review Board. It seems that other
owners have been pulled into this site so that crushing and filling can
continue. This may be a matter of an erosion permit and a storm water
management permit.
Dave Maas stated that he would like to show different areas on the
plan where they might be filling at different elevations and different
locations so that you may know what to expect. This is fill brought in
from off site.
Gary Voogt stated that this site is becoming a fill site and not a
gravel excavation site. There is some mining going on so that this is an
active mine and we are still operating under the rules. He felt that the
rule has been extended to allow mineral processing even though what gets
processed does not come from this property anymore. He stated he does
not have a problem with either one of these things. This is a good site
for this. If the zoning is not right perhaps it should be. He would like
to see a permanent plan on what this is going to be when it is filled.
Maybe there should be a plan to drop the frontage with a permanent berm
up to grade. There is no plan here.
Dave Maas replied that material has been mined out of here since l945
and we did not start filling anything until l985. There has been 40
years of removing material and not filling anything back in. We are
behind on the filling, so we are not mining but we are filling and it is
part of the agreement we have had with Walker long before this Board was
in existence. We need to keep filling this to get it up to a reclaimed
grade.
Gary Voogt asked if they could start filling at one corner along the
road and make a permanent grade and start filling up behind it so that
you have a plan to work to?
Scott Conners stated that they have a permit from the DEQ for filling
in the flood plain and that seems to be what the operation really is. He
did not know if the Mineral Mining Board should review this if there is
not mining taking place.
Gary Voogt commented that a permit from the DEQ is not a mandate. We
want to create a piece of property here.
Darrel Schmalzel stated that he felt that the ultimate plan here is
probably Millennium Park.
Dave Maas stated that they have had discussions on a regular basis
but have no resolution yet. We want to continue filling and crushing
here as long as possible.
Roger Sabine of Kent County Parks stated that Butterworth south to
I-96 will be Millennium Park. He stated that this will be in the
boundaries of Millennium Park. We have proposed uses for this site.
Millennium Park is a busy site. We have looked at truck traffic here and
how that will relate to a Park user. The trucking and the Park use are a
tough combination and we are looking at that. He stated we are adding
another 300 spaces to the parking at the Park to Phase 1. At some point
we would like to see trucks not going through Maynard Ave.
Dan Shimmel stated that we knew that trucking and cars here were
going to be a problem. He feels that these two can co-habitat because
anything north of Butterworth has to be a natural mining area. We have
many many years here left to mine. It is important that we use all of
our resources to see that the Park is a safe operation. It is also
important we use the resources we have on Butterworth. If we could
separate truck and car traffic that would be the optimum.
Brent DeRose stated that the heaviest traffic to the Park will be on
nights and weekends and that will not be the hours that the trucks will
be going into the sites.
Gary Voogt stated that this is not a plan and we should be working
toward a plan. We want to know what will be done this year.
Dave Maas replied that we show four different places on the plan but
that does not mean that we are going to fill all those up to final
grades in one year. These are just areas that we might be in at any
given time throughout the year.
Gary Voogt stated that he felt there should be a place where material
can be reclaimed. It is wasteful if we don’t. This is a good place for
that. This is not a plan it is more like a license to do whatever,
wherever. A plan is a drawing that shows this is the area we are going
to bring up to grade and restore.
Scott Conners asked about the crushing operation.
Jeff Nelson replied that this use would not be allowed in this area
anymore. The new definition makes this a permitted non-conforming use.
That is why it cannot be expanded and if it is terminated it cannot
start up again.
Motion
Gary Voogt moved and Scott Conners supported the motion to grant the
Mineral Mining License for 1400 Maynard until February 28, 2005.
The Board imposed the following conditions:
1. New plans be submitted.
2. New letter of credit be submitted.
Motion carried 5 to 0.
Motion
Darrel Schmalzel moved and Scott Conners supported the motion to
approve the Mineral Mining minutes of January 27, 2004.
Motion carried 5 to 0.
Motion
Darrel Schmalzel moved and Scott Conners supported the motion to
adjourn the Mineral Mining meeting at 4:20pm.
Motion carried 5 to 0.
Government |
Departments | Community
| Resource Center
Contact Us |
Search |
Site Map |
Home | Site Use Policy
 The City
of Walker, Michigan
4243 Remembrance Rd. NW
Walker, MI 49534
(616)453-6311
City Hall hours: Mon-Thursday from 7:30am to 5:30pm. Closed Fridays
All information © 2010 City of
Walker
Contact Us!
If you would like to leave general
comments about the website, click here.
Click here to report technical problems with the website.
|
