MMRB Minutes

MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Tuesday, February 21, 2006
3:30 p.m.

The meeting of the Mineral Mining Board of Review was called to order by Steve Versluis, Chairman at 3:30 p.m. at City Hall, 4243 Remembrance Rd., N.W. Walker, Michigan.

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

James J. Cordes has requested approval for a mineral mining license.

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 James J. Cordes

695 Maynard, SW 703 Maynard, SW 10100 Sedroc

Grand Rapids, Mi. Grand Rapids, Mi. Byron Center, Mi.

Steve Versluis, Chairman reviewed the application submitted. No other citizen appeared with respect to this application.

Bonnie Broadwater, Engineering Dept. stated that there were no problems on this site.

Jeff Nelson stated there were no conditions on this site and we have the fence certification and the bond.

Steve Versluis asked how much longer will you be mining here?

Steve Cordes stated that we have moved a lot of material out of here in the fall and we are in the back of Jack Huizenga’s property. We are starting a job tomorrow with another 125,000 yards coming out. As far as the reclamation on the southwest corner, we have worked on that and some of the topsoil on top needs to be pushed down. We have left a berm here for the privacy of the neighbors. We plan on working to the north and to the west. Once we get back far enough, then we will take that out and start on the one on five slope. A lot will happen this year. We are going to start some of the finished grading on the southwest corner.

Gary Voogt asked if the Briggs property had an old face on the north half?

Mr. Cordes replied yes it looked like someone went in there and dug right to the lot line and left steep banks there. In the past 20 years it has eroded into the Sherrington property and Jack Goodale’s property. When we get done here this will all be level.

Gary Voogt asked if the three of you ever considered this future road concept and extend it around and use the back of those properties to be the back of some lots?

Mr. Cordes replied we might be interested in that.

Gary Voogt stated that it is not too soon to start thinking about what you want to do with this property.

Mr. Cordes stated that we have a couple of big jobs going and that is going to make a big difference in a hurry.

Steve Versluis asked how long it will take to get the reclamation done behind the Butts and Vaughn residences?

Mr. Cordes replied we have a pretty good slope going there now but as far as seeding it, we have not seeded it yet because we are not sure what is going to happen south of the lot line yet. He stated we should do a good job of getting that whipped into shape this year.

Bonnie Broadwater stated that you will need to get a soil erosion permit this year.

Gary Voogt moved and Scott Conners supported the motion to grant the mineral mining license for 731 Maynard until February 28, 2007.

The Board imposed the following condition:

1. A soil erosion permit be obtained.

Motion carried 5 to 0.

Property located at 3101 Butterworth, 41-13-33-301-004,005

Applicant & Mining Diversco Construction Co.

Contractor: 675 Clyde Ct., SW

Byron Center, Mi. 49315

Owner: Sandco, Inc.

675 Clyde Ct., SW

Byron Center, Mi. 49315

Steve Versluis, Chairman reviewed the application submitted. No one appeared with respect to this request.

Jeff Nelson stated that we have a fence certification but we do not have a new bond. The conditions from last year were:

1. Certify Butterworth as a truck route.

2. Finish reclamation with top soil and seed.

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

4. Final report to City after closure of the wells that signifys wells have been capped.

5. Remove haul road and reclaimed area.

6. Professionally certify the one on two slope reclamation plan on the Butt’s lot by April 1, 2005.

7. Grading on corner be done.

8. Final reclamation done by Februrary 2006 and certified.

Bonnie Broadwater stated that she did not see any erosion or off tracking on this site.

Dave Maas stated that we took out the road as requested. The truck route has been decertified, the City did that. We have been using the Cordes entrance. He stated we cleaned up the east end and everything along the Cordes line. Some material was hauled in to fill the area where we are still not at a one on five. The plan shows the area to be reclaimed in 2006. We hauled a fair amount of material to the Gillisse Pit for that berm. Most of the dirt from last year went into that operation. We have a job with the City of Grand Rapids under contract that we will have about 100,000 yards of excess fill so the plan is to bring in enough fill to get this area to a one on five. We will be hauling material out and bringing material in this summer. Our completion date is October 15.

The oil wells is another story. We bought these wells a number of years ago from Christian Oil Co. and we have been on their case to get the two wells capped that are sticking out of the ground. There is a third well by the Vaughn property that they wanted to reactivate because the price of oil is up. In December they told us they were going to cap all three at the same time. So that has held up the oil well problem for the past year. He went on to say that he has a letter that says the Christian Oil Co. is going to do that. The plan is to get them capped in the summer of 2006. The east end has been cleaned up and top soiled and seeded. We only have to fill in some of the area between us and Cordes and we will have plenty of fill.

Scott Conners asked if the one on two slope reclamation plan on the Butt’s lot has been professionally certified?

Mr. Maas replied that Brent DeRose was suppose to take care of that. He stated we have put dune grass on it and for the most part it is vegetated. .

Steve Versluis stated that he did not feel there was a problem there. He went on to say that he had been out there and has not seen a problem. He did say he was worried about four wheelers being out there and causing erosion.

Scott Conners stated that we still want to have that certification.

Gary Voogt asked what are we issuing a permit to do if they are not mining?

Jeff Nelson replied that reclamation is part of the mining process.

Dave Maas stated that the bond automatically renews every year unless the City releases it.

Steve Versluis stated that there are piles of pipe laying there that should be cleaned up and hauled away.

Scott Conners stated that we are essentially giving Mr. Maas another year to finish the reclamation.

Mr. Maas commented that at some point the plan is to develop this but until Cordes gets farther down the road we are not going to do a lot.

Gary Voogt moved and Frank Wash supported the motion to grant the mineral mining license at 3101 Butterworth until February 28, 2007.

The Board imposed the following conditions:

1. Soil erosion permit obtained.

2. Verification of the bond.

3. Correct scale bar on the plan.

4. Engineer certification to close the site.

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

Motion carried 5 to 0.

Gillisse Aggregates has requested approval for a mineral mining license.

Property located at 1400 Maynard, 41-17-04-100-002, 003, 007, 008, & 009.

Applicant: Dave Maas Mining Cont: Gillisse Aggregates Co.

675 Clyde Ct., SW Box 278

Byron Center, Mi. 49315 Grandville, Mi. 49418

Owners: Sandco, Inc. Gillisse Const. Co. Maas Gravel Group

Box 66 Box 278 3510 Apache Ct., SW

Grandville, Mi. Grandville, Mi. 49418 Grandville, Mi. 49418

Hunderman & Sons Land

7029 Homrich Ave.

Byron Center, Mi. 49315

Steve Versluis, Chairman reviewed the application submitted. No other citizen appeared with respect to this request.

Jeff Nelson stated we do not need a fence certification on this site. We do not have a bond. The conditions from last year were:

1. By 12-31-05 the strip along Maynard was to be restored with a berm, topsoil, turf, and trees.

2. In 2006 application, the applicant will provide a phase & dated reclamation plan for entire site.

3. In 2006 application, there will be an updated application doing away with what is outdated material with a reasonable end date for the reclamation plan.

4. Driveway repaired by June 1, 2005.

Dave Maas stated that our plan here is to continue to fill in various spots until we get to a point where we can actually do something with the property. We have an area on the Hunderman property that still has some gravel on it with piles of broken concrete. Until that gets taken care of we cannot do anything. That is on the plan again for this year. We have shown spots that need to be filled up and we are guessing what those timetables will be. We worked on the berm along Maynard most of the year. We have it graded to the south a few hundred feet from Maynard and going to the north. It has been restored and seeded but we still need to add some material to it and shape it this year. We spent most of the year hauling in our excess materials from our projects to build the berm. You can only see into the pit now from the entrance. We tried to blend the berm into the existing trees rather than to pull those out and establish something else. The berm is shaped, seeded, and mulched. The plan is to continue it to the north to our property line and continue it down to the south. At some point in the south it drops off to nothing to meet Vets Dr. We are still crushing concrete. We just finished crushing some base material that we need for this project in the city. We are not really mining anything here but we are making material out of crushed concrete and we are filling to make the property useful. He went on to say that we have not caused any trouble for Millennium Park and they have not caused us any trouble.

Steve Versluis stated that he felt the berm was a vast improvement on this site but was disappointed that they did not plant any trees.

Gary Voogt asked about the hundred year flood.

Mr. Maas replied that he thought that the hundred year flood was 607 or somewhere in that range. He went on to say that we are trying to get everything to 607 or higher. We can continue to bring this site up until it matches Maynard. We have the fill and it is important for us to bring material from our projects to this site. We plan to fill it to a grade that is usable to us and well above the flood plain.

Gary Voogt commented that your DEQ permit expires a year from now and he has seen gravel pits turn into class A wetlands so how are you going to protect your ability to fill in the future without calling these a wetland?

Mr. Maas replied that is always a risk on our part. When we started filling here, there was no DEQ permit required. Then we were required to get a permit and we got one and it was a 5 year permit. When we renewed it, it was for a year. The rules seem to change. At some point we will be extending the permit for a couple of years. Whatever is out of the flood plain does not come under the permit. It is only what is below the 607 elevation.

Gary Voogt stated that if all of the existing water that is there now turns into wetland,a lot of what you are planning to do to reclaim this is not going to happen.

Mr. Maas replied that actually there is not a lot of water left here. This was all water when we started here.

Scott Conners stated that he was getting more and more uncomfortable about the DEQ. He felt it was time that we sit down with these folks to be sure of what is happening. He would like to know what the DEQ is thinking especially since this is so close to the river. We should have some interaction with them.

Gary Voogt stated that if it is our intent to leave most of this wetland as taxable, usable property, we might be operating in a vacuum if someone in the future says that these are all pristine wetlands even though they were man made two years before.

Scott Conners replied that he would be willing to lead a group from the City to go down and talk with the DEQ. He felt it would be worthwhile.

Frank Wash stated that since there is a 20 year restoration plan on the site, he felt it would be good to lock that in with the DEQ process. He then asked what the status is of the concrete crusher on this site? Was that granted a special exception permit in the past?

Jeff Nelson replied no that was granted by the Mineral Mining Board and since then we have come up with a new definition for mineral mining and mineral processing. This type of operation of offsite material would not be allowed in the Agricultural

District, only in the Industrial District. The Hunderman temporary cement batching plant would not be allowed. That was only suppose to be for a year when it was approved originally. According to Dick Butler, those are currently nonconforming, existing uses. They do not meet the requirement but they went in before the requirement went into effect.

Frank Wash commented that any expansion would require a ZBA appeal.

Scott Conners commented that we have no idea what an expansion is here. They have a sign out front that is relatively new that says they are now accepting broken concrete.

Jeff Nelson stated that we did not used to have mineral mining and mineral processing separated where they had definitions and now they do.

Frank Wash asked if for tracking, do we want them to identify the square footage of the current operation so that we can make sure, long term that this recycling plant is now growing? The engineer should state the square footage of the area currently being used for the nonconforming concrete uses and that should be stated on the plan. This property is zoned Agricultural.

Mr. Maas replied that we are crushing concrete in the same spot that we were 15 years ago. We have not moved at all. We talked about moving from that area because we need to get it filled up to about that 607. This Board has made it clear that we have to stay in the same spot and not expand it, so we have done that.

Gary Voogt stated that he is not interested in tying down the gravel thing. Mr. Maas has had a good track record and it is grandfathered.

Frank Wash replied that we have an ordinance that ties that down as far as the expansion of a non-conforming use.

Gary Voogt commented that this ordinance was written after this project started.

Scott Conners felt that a footprint should be kept so we would know this operation was restricted to just those areas.

Frank Wash felt this should be done by showing square footage on the plan and cubic yards of material on site. That should be the cap and if they want to expand that operation, they would have to go to the Zoning Board of Appeals.

Scott Conners stated that we do need places for this type of operation. He said he definitely agrees with that but this is not zoned for this use. If they want to expand this use, this is not the right place for that decision to be made.

Frank Wash stated that we have two issues here. We have the reclamation of the site, which this body takes care of and then we have an existing non-conforming concrete crusher and batch plant that is under a different jurisdiction which would be the Zoning Board of Appeals.

Dave Maas stated that he did not see any reason to expand this operation. It has been the same for about the last 15 years. He went on to say that they will be submitting something to the DEQ next year. He stated we usually start about 6 months before the permit expires because it takes them some time to work through it. He stated he has no problem working with Scott Conners and the DEQ to coordinate this.

Steve Versluis stated that perhaps the DEQ can help us clarify what we need to do here and if what is happening here is acceptable. He feels there is a need for this type of operation and recycling is good. He then asked Mr. Maas if the driveway had been repaired?

Mr. Maas replied that there were some large chuck holes that have been repaired here.

Steve Versluis stated he would like to see some vegetation on the top of the berm to make it look more natural.

Mr. Maas replied that trees at the entrance would make more sense and he has no problem with that.

Frank Wash moved and Mark Koning supported the motion to approve the mineral mining/fill license for 1400 Maynard until February 28, 2007.

The Board imposed the following conditions:

1. 12 trees planted at the entrance.

2. The DEQ and the City coordinate the fill needed here by September 2006.

3. Square foot of site and cubic yards used for concrete crushing be on the plan.

Motion carried 5 to 0.

Gary Voogt moved and Frank Wash supported the motion to adjourn the Mineral Mining meeting at 5:00 p.m.

Motion carried 5 to 0.

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