MMRB Minutes

MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Thursday, February 17, 2005
2:30 pm

The meeting of the Mineral Mining Board of Review was called to order by Steve Versluis, Chairman at 2:30pm at the City Hall Commission Chambers, 4243 Remembrance Rd., N.W., Walker, Michigan.

Members present: Steve Versluis, Chairman; Scott Conners; Mark Koning; and Frank Wash. Member absent: Gary Voogt. Also present: Jeff Nelson, Building Official; Dick Denney, Deputy Building Official; Mark Rambo, Engineering Dept.; and Bonnie Antcliff, Recording Secretary.

Motion

Scott Conners moved and Mark Koning supported the motion to remove 2325 Butterworth and 2204 O’Brien from the table.

Motion carried 4 to 0.

DECISION AND ORDER

Legal Description

Property located 2325 Butterworth, 41-13-34-200-016 & 2204 O’Brien 41-13-34-100-018.

Applicant & Meekhof Lakeside Dock Owner: Meekhof Lakeside Dock

Mining Cont: 16821 120th Ave. 16821 120th Ave.

Nunica, Mi. 49448 Nunica, Mi. 49448

Doug Meekhof pointed out the the areas to be reclaimed and finished on the site plan. He went on to say that the plan has been redone to show what has been reclaimed.

Scott Conners asked if there have been soil borings done here?

Mr. Meekhof replied that he was not sure. He went on to say that by next year we should know. He stated they wanted to keep their options open.

Scott Conners stated that he felt some kind of percolation basin should be installed to get through this year.

Motion

Scott Conners moved and Frank Wash supported the motion to approve the Mineral Mining license until February 28, 2006 for 2325 Butterworth.

The Board imposed the following condition:

1. Phase 1 a temporary sedimentation basin be incorporated at the west end.

Motion carried 4 to 0.

DECISION AND ORDER

Legal Description

Property located at 731 Maynard, 41-13-33-101-016, 017, 023, & 025.

Applicant & James J. 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 J. Cordes

10100 Sedroc

Byron Center, Mi. 49315

James Cordes has requested approval for a Mineral Mining license.

Finding of Facts

Steve Versluis, Chairman reviewed the application and site plan submitted.

Brent DeRose, Nederveld Associates showed the site plan. He stated that the work here has been between the two properties this past year.

Mark Rambo stated that there has been little activity here in the past year.

Steve Versluis stated that the tree stumps and debris around the VanDam house has been cleaned up and it looks good.

Jeff Nelson stated that all conditions from last year have been met.

Steve Versluis asked how much more mining is to be done here?

Steve Cordes replied that we have been doing a lot of clean up here. He went on to say the we worked on Sandco property to make it look better. There are probably two more years to finish up here.

Scott Conners asked if long term will this be 7 or 8 lots?

Steve Cordes replied that is the plan right now.

Motion

Frank Wash moved and Mark Koning supported the motion to open the public hearing.

Motion carried 4 to 0.

Mike Sherrington 671 Maynard stated that there is an oil well pipe sticking up in the air here and he feels it should be removed and was not sure what agency would take care of this.

The Board told Mr. Sherrington that this oil well is actually on the next site that is going to be heard today.

Motion

Scott Conners moved and Mark Koning supported the motion to close the public hearing.

Motion carried 4 to 0.

Motion

Mark Koning moved and Frank Wash supported the motion to approve the applicant’s request for a Mineral Mining license at 731 Maynard until February 28, 2006.

Motion carried 4 to 0.

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

Finding of Facts

Brent DeRose, Nederveld Associates stated that there were conditions on this site from last year. We planted some dune grass on the Butt’s property. The slope there has always been a topic of discussion here. Mr. Butts and Mrs. Vaughn signed an agreement to leave the slope as is, last year. Dave Maas has planted some dune grass here and plans to put more there in the spring to get more growth. Last year a berm cross section was added. This is in regard to the cross section across Butterworth to try and get that remaining material out of there. This last year we tried to fill up the valley. The previous year we still had material to get out of there and that is why Diversco was not in there. There is some top soil here that still needs to be placed on that slope. There is still quite a bit of fill that needs to come in here and that will be the area they going to be concentrating on this year. We are still working on the east. The silt fence was an issue in past years because of the wetland and they have put that back up. In a year or two this site will be cleaned up. The plan for this year is to start on the west and clean up this slope and get to final grade and work to the east. By next year we should be done.

Mark Rambo stated this is pretty much an inactive site. The area behind the Butt’s property is pretty much vegetated.

Frank Wash asked where is the oil well Mr. Sherrington was talking about?

Brent DeRose pointed this out and went on to say that it needs to be lowered to the reclamation grade. He was not sure the appropriate agency that would take care of this.

Mark Rambo stated that the DNR does have an orphan oil well program but he did not know exactly how that works or when it reverses to the State.

Steve Versluis stated there is also an oil well behind the Butt’s house that also protrudes out of the ground.

Scott Conners commented that it is safe to say that both wells protruding out of the ground are a direct result of removing sand, so he felt that the miner should make these contacts and get this done. He asked if the area to the west is ready to walk away from? We have told them that this entire area should be reclaimed and the driveway be abandoned. The driveway has been abandoned on the plan but does that mean there is no erosion out there?

Mark Rambo replied that the outlaying areas have been reclaimed but where the entrance drive is, and where the teepee is, has been excavated out of the center. The central areas need to be reclaimed.

Scott Conners stated that as the excavation takes place behind the Butts & Vaughn house, it is intended to prohibit vehicles from going back and forth.

Brent DeRose replied that the ground through there prohibits that but there is a berm there with top soil piled at the end of the asphalt. The loop is still there and there are a couple of piles of top soil to be spread. The actual haul road still needs to be taken out.

Scott Conners replied we want to make sure that gets done. A lot of work has been done behind the Butts & Vaughn houses and last year the conditions were that all of that work be done.

Brent DeRose stated that last year we were tabled and we came back on February 17, 2004 and then on the Cordes application the condition was reclamation be undertaken this year in the SW corner in a coordinated effort with Sandco. Much of that has happened.

Scott Conners stated that within one year’s time this has to be wrapped up. Around the houses, and the area to the east, should all be reclaimed within the next 12 months and should be a priority.

Dave Maas stated that there is top soil on site and more material needs to be brought in. This will be filled and restored this year behind the two houses. We will not be finished until Cordes is done. If we work out something with some of the property owners we have been talking with, we will come back for additional sand mining. We will not put the plat in until Cordes is done. There is not much sand left here for us. We have always had an interest in Mrs. Vaughn’s property. It should all be flattened out.

Scott Conners stated that it is important that we preserve the one on five slopes here. Mrs. Vaughn still has a lot of trees here.

Dave Maas stated that he has not talked with Mrs. Vaughn lately.

Scott Conners commented that in the notes it says we are suppose to have a design for the slope at Dave Butts. It was suppose to be done over the last year.

Brent DeRose stated that it had to meet the requirements for soil erosion. We did get this plan back to you in March and Dave did plant a lot of dune grass on that slope.

Dave Maas stated that we planted about 3,000 plugs on that slope.

Scott Conners stated that there should be some kind of design associated with it where someone professional says this will stabilize the slope, so that when you walk away, Mr. Butts will know there will not be a problem

Dave Maas replied that two thirds of that slope had existing vegetation on it and so we planted the plugs in the thin areas.

Scott Conners stated we would like a landscape architect or engineer talking about slope stability and the type of vegetation allowing it to be steeper than a one on three. We have bent our rules here from a typical one on five slope.

Brent DeRose replied that we can get someone to certify that. This particular slope has no run off. Price & Co. recommended the dune grass.

Mark Koning stated that on the site plan they are showing the off site truck route to be Butterworth to Maynard out of there. He felt this should be cleaned up since there is no intention to use this anymore.

Dave Maas stated that he did not have a problem with that. He went on to say that they do have a bond that was just renewed for that section of road that we will want back in that case. We built a retention pond 2 years ago that have taken care of any run off over Butterworth and we also have a pipe that we put in under Butterworth a year ago.

Jeff Nelson stated that we have a $5,000 bond for the road here and a $25,000 bond for the site. We did receive certification for the fence. The oil well situation depends on who has the mineral rights and who does not and if it is abandoned. There is a supervisor of wells to contact on that. The DNR gets involved if they are abandoned.

Dave Maas stated that Christian Oil Co. is suppose to plug both of those wells and cut them off. We have talked with them.

Motion

Frank Wash moved and Mark Koning supported the motion to open the public hearing.

Motion carried 4 to 0.

No one appeared with respect to this application.

Scott Conners moved and Frank Wash supported the motion to close the public hearing.

Motion carried 4 to 0.

Scott Conners stated that he felt that the pavement on the haul road could stay but anything like a gravel access road inside the site should be covered with top soil and considered restored.

Motion

Frank Wash moved and Scott Conners supported the motion to approve the applicant’s request for a Mineral Mining license until February 28, 2006.

The Board imposed the following conditions:

1. Decertify Butterworth as a truck route.

2. Finish reclamation with top soil and seed.

3. Oil well capping and cut the top to grade.

5. Remove haul road and reclaimed area.

Motion

Frank Wash moved and Scott Conners supported the motion to approve the Mineral Mining minutes of February 8, 2005.

Motion carried 4 to 0.

Motion

Mark Koning moved and Scott Conners supported the motion to adjourn the Mineral Mining meeting at 4:10pm.

Motion carried 4 to 0.

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Walker, MI  49534
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