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MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Tuesday, February 17, 2004 - 2:00pm
The meeting of the Mineral Mining Board of Review was called to order
by Steve Versluis, Chairman at 2:00pm at the 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; Mark Rambo, Engineering Dept., and Bonnie Antcliff, Recording
Secretary.
DECISION AND ORDER
Legal Description
Property located at 3101 Butterworth, 41-13-33-301-004, 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
Motion
Gary Voogt moved and Darrel Schmalzel supported the motion to remove
3101 Butterworth from the table.
Motion carried 5 to 0.
Finding of Facts
Brent DeRose of Nederveld Associates presented the Board with a
revised plan for 3101 Butterworth. He stated that he has a signed
agreement between Mrs. Vaughn and Greg Butts to leave the grading as it
is shown on the plan. He then pointed out the site plan to the Board.
The entrance has been abandoned and the Cordes entrance will be used.
The existing haul road will be removed. The area north of Mrs. Vaughn’s
is shown to be the primary reclamation area on the plan. The grading on
Mr. Butt’s property will remain as it is now. The applicant proposes the
excavation to begin at the existing tree
line and get the material available there and replace it on a one on
five slope. It will encroach on the 50 ft. setback but that will
eliminate that high berm. The existing vegetation will remain. The trees
along Butterworth will not be taken out.
Darrel Schmalzel stated that we asked that a cross section be
provided that showed the right-of-way in relation to the berm and
planting. He felt that should be added to this plan.
Jill Whitcomb, lives at the corner of Butterworth and Maynard. She
wanted to know what the development time frame is for this site.
Brent DeRose replied that it will probably be 2006 or 2007 before the
actual development starts.
Scott Conners stated that the agreement to let the grade stay as it
is can be allowed but to the west of that slope, where it is one on two,
still needs to be restored. We need a more detailed design on this, an
engineered design slope with potential erosion controlled blankets and
retaining walls. That is still needed.
Motion
Darrel Schmalzel moved and Gary Voogt supported the motion to grant
the Mineral Mining License for 3101 Butterworth until February 28, 2005.
The Board imposed the following condition:
1. A soil erosion plan be provided to Mark Rambo.
2. A cross section of landscape berm be added to plan.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 731 Maynard, 41-13-33-101-016, 017, 023, & 025.
Applicant & James Cordes
Mining Cont: 10100 Sedroc
Byron Center, Mi. 49315
Owners: William L. Briggs Jack A. Huizinga
695 Maynard, SW 703 Maynard, SW
Grand Rapids, Mi. 49544 Grand Rapids, Mi. 49544
James Cordes
10100 Sedroc
Byron Center, Mi. 49315
James Cordes has requested approval for a Mineral Mining License.
Finding of Facts
Jeff Nelson stated that there were two conditions from last year:
1. The fence be reinstalled with a letter of certification from the
engineer. They worked on the fence but we never received a letter
certifying it.
2. A key to the site was to be provided and we never received that.
Mark Rambo stated that the SW corner of the site was slated as mining
along the property line on last year’s plan. The contours look the same
as they did on last year’s plan.
Brent DeRose pointed out the site plan and areas to be mined.
Diversco mined as far as they could go until they hit fill material.
Diversco is going to have to start rebuilding this slope before they can
get in there and start dumping fill. He stated we are waiting for
Diversco. The north area of the entrance drive has all been reclaimed.
Most of the base is close to the elevation that it is going to be. This
year we plan to go into the hill and once the material is out of there,
they are going to work back towards the houses to the east so that the
material can be away from those houses and then reclaim the base.
The fence is up now and an additional fence will be installed on the
west side of this mine.
Steve Cordes stated that we knew that this Board wanted Sandco’s road
to be closed and the bank filled at Vaughn’s and that is why we were
coming in our drive and going out Diversco’s just because it is easier
to get at the SW corner and that road is not
suitable to drive up in a truck. We have to strengthen that base up.
We have started reclaiming as we go. He stated he will get a key to us.
Gary Voogt stated that the SW corner is going to take a lot of fill
for reclamation. How is this going to happen?
Mr. Cordes replied that a lot of that was an exiting bank before we
got involved in it and Sandco had dug up to our lot line and we went
along there cleaning up. There was probably four foot of clay that we
pushed into an overburden pile. We plan on pushing that over and meeting
Maas wherever the slope has to meet from the Vaughn property to the lot
line. Some of it Dave Maas will haul from his property and part of it we
will push over for our part of the slope. Not a lot of sand was moved
here last year but he stated we have a lot of jobs coming up this year.
Gary Voogt stated that the mining and the restoration should be
finished on the same year.
Scott Conners stated that if that is not done next year, he would be
inclined to take the letter of credit and have it filled in. This has
been talked about for four years and it is time to get it done.
Darrel Schmalzel stated that there is no area on the plan to be
reclaimed in 2004. It sounds like it is going to be concentrated on the
SW corner for this year. That note should be added on the plan.
No one appeared with respect to this application.
Scott Conners moved and Darrel Schmalzel supported the motion to
approve the applicant’s request for a Mineral Mining License for 731
Maynard until February 28, 2005.
The Board imposed the following conditions:
1. The fence be certified.
2. A key be provided to the gate.
3. A new letter of credit be provided.
4. Reclamation be undertaken in this coming year in the SW corner in
a coordinated effort with Sandco.
5. Signatures from all owners be put on original application.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 3401 Veterans Memorial Dr., 41-17-05-200-012,
41-17-05-400-001.
Applicant & Grand Rapids Gravel Owner: County of Kent
Mining Cont: 2700 28th St., SW 300 Monroe, NW
Grand Rapids, Mi. 49509 Grand Rapids, Mi. 49503
Grand Rapids Gravel has requested approval for a Mineral Mining
License.
Finding of Facts
Jeff Nelson stated that the conditions from last year were:
1. Reclamation plan from the County – we have received that.
2. Soil erosion plan for SE corner of site – Mark Rambo has worked
that out with applicant.
3. Letter of credit – we do have a letter of credit.
Mark Rambo stated that the SW corner has substantially changed, there
is a pond there now that alleviates any offsite drainage or
sedimentation.
Brad Rahn from Grand Rapids Gravel pointed out the site plan and site
to be mined. He stated that he did submit a reclamation plan last year.
He stated in 2004 we plan to work our way to the north and around to the
east. He was not sure that it would be completed this year. This site
has to be completed by the end of 2005.
Steve Versluis asked if the County was working with them and looking
at the grades here etc.?
Mr. Rahn replied yes they do work with them and the County has an
idea of what they want here.
Gary Voogt asked if they were building a lake here and are you
planning a road out to Veterans Memorial Dr.?
Mr. Rahn replied he did not think there will be a road out to
Veterans Mem. Dr., he felt that they plan on coming off from Maynard and
that will be the main entrance.
We are going to dig the gravel down to clay. A lot of this is being
designed as we go along.
Steve Verlsluis asked what the sediment ponds along Vets Mem. Dr.
will look like when this is completed?
Mr. Rahn replied it will be sloped down from Vets Mem. Dr. It is wash
water and it has silt in it.
Scott Conners stated that the mining elevations go down to just below
600 and the reclamation plans shows that this will be mainly be water.
All of these elevations do not seem to work together. He went on to say
that this looks like it is way below the Tallman Creek elevation and it
just does not seem to work together. He stated he was nervous that this
would all be above the water table and require a lot of restoration. He
asked if they were getting down below the water table?
Mr. Rahn replied that they will be in certain areas, yes.
Scott Conners asked if they have a good idea about where the gravel
seam is?
Mr. Rahn stated no, we have a rough idea but until we get right to it
we are not sure.
Scott Conners stated that the basis of our approval last time was
that most of the reclamation does not need to take place because it is
all below the water. If it is not going to be that way there is a
concern.
Mr. Rahn stated that as far as the reclamation is concerned, that is
out of our hands. As far as the County is concerned, they have an idea
of what they want to do. With the amount of money being spent there, it
is a first class project. It is something that the City will be proud
of.
Scott Conners asked if Grand Rapids Gravel is working with the County
on the reclamation or do you just walk away when the mining is finished?
Mr. Rahn replied that we will be working together. We will be doing
sloping and banks, etc.
Darrel Schmalzel stated that the end result will be Millennium Park
and it will be a beautiful asset to the City. The County owns this and
he went on to say that he is comfortable with the reclamation plan. He
stated that he knows things are changing monthly and the City would like
to kept informed about what is going on here.
No citizen appeared with respect to this application.
Motion
Scott Conners moved and Mark Koning supported the motion to approve
the applicant’s request for a Mineral Mining License for 3401 Veteran’s
Memorial Dr. until February 28, 2005.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 2619 Butterworth, 41-13-33-400-002.
Applicant & Shoemaker Aggregates Owner: Flossie Hendges
Mining Cont: PO Box 908 826 California, NW
Grandville, Mi. 49418 Grand Rapids, Mi. 49504
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 Board imposed three conditions last year:
1. Future permanent storm water plan to be constructed in 2003 and
stabilized
2. A key to the pit be provided to the Building Dept. and we never
received this.
3. Letter of credit to be submitted. We do need a new letter of
credit for this year.
4. We do have certification on the fencing.
Mark Rambo stated that he sees no concern or issues with this
property.
Mr. DeRose pointed out the site plan and areas to be mined. The
actual sand has been pushed off the site. They have mined what they
could at this site. Not a lot of embankment was taken off this site this
year. They do have a couple of big jobs pending for this year so a lot
will be taken out. The sediment basin on the south was constructed. This
is a two acre foot basin with a small area in the middle for sediment.
The plan for 2004 is to continue getting the embankment out depending on
what the market does. As they continue working to the north, they will
keep reclaiming as they go.
Bob Shoemaker stated that we had an agreement with Meekhof’s and all
the sand was removed off of Flossie’s property. We made the sediment
basin larger and a little bit deeper than what was called for because it
will fill up fast until we get it stabilized around the edge. Flossie
does not want to give a key out but there is access through the other
pit. Reclaiming and putting top soil on the embankment material is not
necessary right not. It is not washing and there are no steep grades
there except for where we left off and we did slope that some. We have
projects pending that we can use this material for. Those projects
require no organic material, and that is what top soil is, so we don’t
want to mix it in there until we get it cleaned up. He stated that he
talked with Flossie and let her know that the sand is all removed and
asked if was alright to use this as an access and she said it was OK.
Gary Voogt asked what this embankment is?
Bob Shoemaker replied that it is not really clay, it is between sand
and clay and it is high in silt. It will go as high as 30 – 35%. Some of
it is clay but most of it is the same material that we put on M-6 for
the State to bring the grade levels up. It is not expensive but it
compacts very well and it makes good fill.
No citizen appeared with respect to this application.
Bob Shoemaker commented that there is some water that sits in
Flossie’s driveway on the road side. It may be better if it could run to
the west. He felt this should be checked out and it would save some mess
on the road there. It needs to get into the ditch somehow.
Motion
Darrel Schmalzel moved and Scott Conners supported the motion to
approve the applicant’s request for a Mineral Mining License for 2619
Butterworth until February 28, 2005.
The Board imposed the following conditions:
1. A letter of credit be provided.
2. There are satisfactory arrangements for access into the site.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 700 Maynard, 41-13-33-126-003, 102-001, &
126-002.
Applicant: Shoemaker Aggregates Owner: Ann Voshel
PO Box 908 636 Wellington
Grandville, Mi. 49418 Chicago, Ill. 60657
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 only condition from last year was that a
key be provided and Mr. Shoemaker has stated that he can get us a key
today. We need a new letter of credit and we do have certification of
the fencing.
Mark Rambo commented that on the SW corner near the Phase 2 limits
line, on last year’s plan there was a storm water retention area and it
is not on the plan this year. He wondered if it was moved somewhere or
if it is not labeled.
Mr. DeRose replied that we took that off because the storm water goes
across the site to a low area on the Pitsch Pit.
Mr. Shoemaker stated that they have some material left on Flossie’s
west property line but we are trying to work from the highest point
down. We had an agreement with Pitsch to do some of the work, they still
own it. We went across the property right off Flossie’s and several feet
beyond that and we leveled it off. We would like to continue north off
Flossie’s to finish that up. You have a copy of the contract that we
have with Demolition Contractors.
Darrel Schmalzel stated that there are no owners’ signatures on this
application.
Mr. DeRose stated that the signatures are on a separate piece of
paper.
Scott Conners stated that the entrance to the west is really messy.
There is a lot of water coming down there from the snow melt. It is very
muddy and that needs to be taken care of and soon. There are a couple of
areas on the plan that look like they are quite deep compared to the
reclamation contours. In the beginning of Phase 3 there is one that is
down to 660 on the west side and on the SE corner of Phase 3 it is down
to 680 and that is 40 ft. below the reclamation contour. He was
concerned that they are getting below what the proposed grades are
suppose to be for the future.
Mr. DeRose replied that there has not been any fill brought in for
that area, they have been working from the west to fill that in.
Scott Conners stated that if those open faces get any bigger without
any fill brought in, it is going to be a problem.
Mr. DeRose replied that there has to be material brought in here. We
calculated that there was 75,000 yds. brought in here and it will
probably need 400,000 yards more. If there is a big job pending that
will help.
Bob Shoemaker stated that there is clay on the top and that will be
used for embankment and sloping.
Scott Conners stated that we do not have a problem with someone
undercutting about 5 ft. of the proposed grades but anything above that
puts us out on a limb.
Brent DeRose replied that the contours may be somewhat misleading
because where that seam is, that is where it will be filled in before he
starts cutting that bank.
Scott Conners asked what the end use plan is here? This is one of the
few sites that we do not have an end use plan for.
Bob Shoemaker stated that on the west side of the property, we had
conversations with John DeYoung and it is done the way the property
owner wanted it. They wanted one on five contours and that is what we
did.
Brent DeRose stated that right now the north end is fenced off for
deer. He did not know if the intention was to move that or not.
Scott Conners stated that it makes a difference on the end use on how
we look at these existing mining contours and how much dirt is coming
out and how much fill is coming back.
Steve Versluis asked if any of this property has been undermined?
Bob Shoemaker replied not that he is aware of.
Pat Goodale stated that he does not know what is going to happen to
this property. He went on to say that he would like it to be residential
or some kind of commercial but the Park will probably not want that. In
April 2007 the lease will be finished and then the contractor will not
be able to operate here. This has to be reclaimed by that time.
No citizen appeared with respect to this application.
Darrel Schmalzel stated that the Master Plan for this property is
Agricultural or Residential. The ordinance does require an end use plan
or reclamation plan.
Motion
Gary Voogt moved and Scott Conners supported the motion to grant the
applicant’s request for a Mineral Mining License for 700 Maynard until
February 28, 2005.
The Board imposed the following condition:
1. Next year this application come back with an end use plan and
reclamation plan for placing fill.
Motion carried 5 to 0.
DECISION AND ORDER
Legal Description
Property located at 2713 Wilson, 41-17-07-100-040 & 041.
Applicant & Shoemaker Aggregates Owner: Shoemaker Aggregates
Mining Cont: 2633 Wilson, SW 2633 Wilson, SW
Grand Rapids, Mi. 49504 Grand Rapids, Mi. 49504
Finding of Facts
Brent DeRose of Nederveld Associates appeared on behalf of Shoemaker
Aggregates.
Jeff Nelson stated that there were no conditions on this site from
last year. We do need a letter of credit for this year. The site is
completely surrounded by a fence. We also need a key to the pit. The
requirement from 2 years ago was to stop the excavation along the east
bank and restore that, the active face on the east end of site be the
first to be excavated and worked around and completed. Complete
reclamation around Mr. Timm’s home.
Mark Rambo stated that they are not doing much work here on the
active face and everything else has been reclaimed.
Scott Conners commented that the active face here is quite away from
the property line.
Gary Voogt stated that the Board has talked about trees being planted
here and it does not look like that has happened.
Bob Shoemaker replied that the original slope here was too steep and
we had seeded it and it did not hold so we brought some more clay in
here and extended it out to a lesser slope. We still had minor washing
but we reseeded it and every time we reseeded it, it became worse, so we
left it alone and it is not washing anymore and is established. There
are some trees that have grown wild here, we did not plant any. The
Timm’s asked that we would go onto their property some in the north
corner. We have not done that yet. The contour starts rising up there
and they want us to come in there 10 or 20 ft. to make it look nice and
level it off. He went on to say that he has not talked with them in a
couple of years. The west side has been planted with pine trees.
Darrel Schmalzel asked if they were going to be mining here this
year?
Mr. Shoemaker responded that he did not think so but it is possible.
Darrel Schmalzel asked if Mr. Shoemaker minded that it is a continued
condition that when he does get in there to do the work, the east end of
the site be the first to be excavated and worked around and completed.
Mr. Shoemaker responded that this will be the first place they will
go. He stated that with the time limit on the Butterworth Pit, he would
like to finish that up first before starting on something else. That is
the reason they have not been working here.
Scott Conners asked if it could be possible to formalize an agreement
with the grading on the Timm property?
Bob Shoemaker responded that the agreement that we have is not on
their property. It is within the 50 ft. buffer line. It is still my
property but it is permission to go within 50 ft. of their property. It
is only a 3 ft. knob that we are talking about. He stated that a letter
of credit will be coming from the bank.
No citizen appeared with respect to this application.
Motion
Darrel Schmalzel moved and Gary Voogt supported the motion to grant
the Mineral Mining license for 2713 Wilson until February 28, 2005.
The Board imposed the following condition:
1. If work is begun on this site this year, the area on the east side
be the first area to be reclaimed as part of the permit.
Motion carried 5 to 0.
Motion
Mark Koning moved and Scott Conners supported the motion to adjourn
the Mineral Mining Board of Review at 3:40pm.
Motion carried 5 to 0.
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