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MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Tuesday, April 18, 2006
3:30 p.m.
The meeting of the Mineral Mining Board of Review was called to order
by Scott Conners, Acting Chairman at 3:30 p.m. at City Hall, 4243
Remembrance Rd., N.W., Walker, Michigan.
Members present: Scott Conners, Acting Chairman; Frank Wash; and Mark
Koning. Members absent: Steve Versluis and Gary Voogt. Also present:
Dick Denney, Building Dept., Bonnie Broadwater, Engineering Dept. and
Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
The Mines Golf Course (Site Developers) has requested approval for a
mineral mining license.
Legal Description
Property located 2311 & 2301 O’Brien also known on the tax rolls as
41-13-27-300-002, 025.
Applicant & Site Developers, LLC (Dan Shimmel)
Mining Cont: 2364 Birnam Woods Dr., NE
Grand Rapids, Mi.
Owner: Same
Finding of Facts
Scott Conners, Acting Chairman reviewed the application submitted.
Dan Shimmel, Site Developers stated that we have applied for a
mineral mining license that was requested by the City of Walker. This
was originally granted under a site plan approval with the contingencies
that it have the same criteria as the mineral mining license. Our letter
of credit has been submitted to the City. Last year we hoped to move
this sand. This sand was going to a job on US-131 and the state removed
the need for class 2 sand through economic cutbacks. Consequently, we
did not move very much of it and that is why we are here today, to
extend that. We are hoping to finish this up this year and complete the
Par 3 golf course. We have 3 of the holes completed 1, 2, and 9. Holes 4
& 5 need to be completed yet. We are in compliance with our soil erosion
permit. The only thing that has not been done is the portion of paving
between the tunnel and our entrance into the mine area. Right now it is
in excellent shape but we know that we still have that obligation.
Scott Conners stated that concurrent to the mining operation, this is
going to be a Par 3 golf course. Mr. Shimmel came into the Planning
Commision for approval and there was a lot of debate about whether a
mining permit would be required because of the vast amount of sand that
would need to be taken out of here. The Par 3 was not shaped into the
existing contours. The Planning Commission did something that they had
never done before and that was to grant the ability of this site to be
used as a mine without going before the Mineral Mining Board. An ad-hoc
group met with the Planning Commission and Mining Board at that time
without going before the Mining Board and no public hearing was held.
This was all suppose to take place within one year as part of a
development. Since that time, we have found it could not all be mined
out in a one year period, so the Mining Review Board looked at that and
has determined that what the ad-hoc committee found was now null and
void and this is now being reviewed as a mining operation application
and that is why we are here today.
Dick Denney, Building Dept. stated that the bond has been renewed.
One of the conditions from last year was that there would be signage for
the truck route on O’Brien. The hours of operation were to be posted.
That is posted but you cannot read it. There should be a 50 ft. setback
on the north and a 30 ft. setback on the east and west. There should be
a 2 in. overlay placed on Covell from the entrance road south to
O’Brien. The final cross section of Covell to be decided by Walker and
Grand Rapids Engineering and DPW. Reclamation to be finished by November
1, 2005. We need a fence certification.
Bonnie Broadwater, Engineering Dept. stated that there is no erosion
going on at the present time on the site, the silt fence is in place,
and there is no sedimentation entering the wetlands. The mineral mining
application states that the area disturbed is 11 acres and the soil
erosion application states that it is 20 acres. This is a large
difference and which one is correct?
Mr. Shimmel replied that the mining is 11 acres and the entire area
emcompasses 20 acres with the golf course. The 11 acres is the actual
mining operation.
Ms. Broadwater stated that anything over 5 acres of coverage for soil
erosion requires documentation from the DEQ which we never received.
Mr. Shimmel stated he was not aware of that but would check with
Exxel about that.
Frank Wash stated that we must keep this plan consistent with all
other sand mines. One of the major parts of the permit process is the
reclamation plan. Mr. Shimmel has not offered a reclamation plan. Mr.
Wash felt that it is essential to the site, that this Board see some
proposed finished grades and they are not on this plan. He felt that was
the big issue and also how they are proposing to handle the paving on
Covell and when that will be done.
Mr. Shimmel stated that the end use is the Par 3, which was part of
the site plan approval and that does not have specific grades but it
does have all but 2 of the greens and fairways 7 & 8 that run down the
heart of where the sand is going to go in. If the sand becomes poor
quality, or we hit clay veins, then that will be taken on a field basis.
The end use plan is the plan that we have approved by the City
Commission as our site plan approval. Scott Conners stated that is void.
Mr. Shimmel went on to say that he hopes that is not void because that
is the reclamation and end use plan. As far as the asphalt, the road is
not breaking up right now and we have a bond. We intend to pave that
when we are finished.
Frank Wash stated that he felt even if Mr. Shimmel wants to use the
site plan that was approved by the Planning Commission, it should be
defined to meet the Mineral Mining ordinance now. We need a separate
sheet that shows the proposed reclamation plan. We know the proposed end
use will be a golf course but as part of the mineral mining application
we need a reclamation plan. Mr. Shimmel needs to sit down with Exxel and
put down the proposed contours. That can change over time but we need
some kind of a reclamation plan with proposed grades to give you a sand
mining permit.
Scott Conners stated that we want to make sure that the slopes there
meet the ordinance especially where it relates to other peoples’
property. The outside of the site are the critical areas. We want to
know where those boundaries are going to be.
Mr. Shimmel replied that the outside of the course has 50 ft. and 30
ft. setbacks and basically the only place we do not have designated
setbacks is at the power lines. It will not change from that because
through the site plan approval, we are not going within those setbacks.
Scott Conners stated that he would like to see stakes in the field so
that the property owners will be assured that this area will be
preserved and we can go out and check it. We want that buffer area
protected.
Mr. Shimmel replied that the buffer is identified by the trees. The
property line is staked and it has been flagged and the trees have been
removed and the ones still standing are within the 30 ft. and 50 ft.
setback. We are done with the clearing.
Scott Conners stated that the engineer should have shown that on the
plan. We need an accurate portrayal of that. There is no engineer seal
on the plan. It is not a final, done plan. The seal on the plan is a
requirement.
Frank Wash stated that we will not accept a hand drawn sketch. It
needs to be surveyed and stamped by a professional engineer. When it
comes to sand mines we need to follow the ordinance and the ordinance
says we need a stamped PE approved drawing that is surveyed so we have a
true representation of what is going on there. We are trying to be
consistent with all the sand mines in the City.
Mark Koning stated that we need a fence certification for this site.
The easement for ingress and egress should also be recorded.
Motion
Frank Wash moved and Mark Koning supported the motion to open the
public hearing.
Motion carried 3 to 0.
Romie Zobro stated that they live in the condos in back of hole #5 on
the golf course. He went on to say that he represents the residents of
the condos. He felt that the golf course would be in operation this
summer according to the meeting he attended last year. The trees that
were taken down he felt were too many. The ribbons that were marking the
trees were not strictly adhered to. On days with a little wind, we get
nothing but sand on dirt on our condos. No one seems to care about it
and we are unable to open our windows. We have been living with this and
we want to know when this is going to be done. Will someone please help
us? He felt Mr. Shimmel should have contacted the condo association to
let them know what is happening.
Motion
Frank Wash moved and Mark Koning supported the motion to close the
public hearing.
Motion carried 3 to 0.
Mark Koning felt that we should give the City of Grand Rapids the
ability to bond the section of roadway that they are responsible for
from Covell to Butterworth.
Scott Conners stated that we are concerned for the neighbors there.
It was one thing when we thought this would be completed within 6
months. We are concerned about the borders of this site. That is why we
want to get this plan certified to get the buffers preserved. The
blowing sand is a major issue. In a site like this where it is not taken
in phases, and is done all at one time, that is often what you find. We
may want the mining or soil erosion plan to have some controls for
blowing sand. It could be snow fences, etc. to help the neighbors out.
Bonnie Broadwater stated that she felt it would be a good idea to
include a wind erosion plan for this site on the soil erosion plan.
Especially now that the vegetation has been stripped away.
Frank Wash stated that this site has a fair amount of residential
close to the site with density to the north. He felt that a wind erosion
plan is an important part of the application.
Scott Conners stated that in regard to the Consumers easement, it
looks like you are mining right up to the foundation of one of the
towers. Do you have any rules you have to follow for those towers?
Mr. Shimmel stated he has been meeting with Consumers Power and he
stated they are in compliance right now.
Scott Conners stated that there is some material being dropped there
and he would like to know about that.
Mr. Shimmel stated there are 3 or 4 piles there and some is blended
sand that they are using for portions of the golf course and screened
top soil that is also being used. There is also clay that we will use as
a base for the roads as we mine that.
Mark Koning felt that they needed a haul sign at the pit to identify
the trucking that should go to the south.
Dick Denney stated that there is a hours of operation sign on the
locked gate but you cannot read it. It should read 7:00 a.m. to 6:00
p.m.
Scott Conners stated that he felt the 2 ft. contour plan that comes
in could be their best guess. The do not disturb zone and the one on
five slopes that go down into the site, are the only things that we have
to hold fast to. The things inside the site we can be flexible as far as
the 2 ft. contours as long as they do follow the periphery. The key is
on the outside and how it relates to the other property owners.
Mr. Shimmel stated that he did not have a problem with this. He went
on to say that he did not want to be held to grades because they could
vary 10 to 30 ft.
Scott Conners replied that we would like you to have one on five
slopes on the outside to get up to the buffer line.
Motion
Frank Wash moved and Mark Koning supprted the motion
to table the application for 2301 & 2311 O’Brien for two weeks.
The Board imposed the following conditions:
1. Engineer will provide the City with a phased
reclamation plan for the site showing proposed finished grades with
details on the perimeter of the site.
2. A fence certification letter will be provided.
3. No disturb setbacks to the north and the east be
field checked and scaled on the plan.
4. All changes on the mining and reclamation plans be
submitted on new plans and sealed by a professional engineer.
5. Hours of operation sign on site will be improved
with a professional sign that will withstand the weather.
6. A copy of Consumers Power access easement will be
provided to the Building Dept.
7. NPDES notice of coverage letter from the MDEQ will
be supplied to the Building Dept.
8. A phased wind erosion plan will be noted on the
soil erosion plan.
9. A truck route sign to the south will be
constructed with the assistance of the Walker DPW Dept.
10. A meeting with the City of Walker Department of
Public Works and the City of Grand Rapids will be held regarding the
timing of the 2 in. overlay on Covell.
Motion carried 3 to 0.
Motion
Mark Koning moved and Frank Wash supported the motion to adjourn the
mineral mining meeting at 4:15 p.m.
Motion carried 3 to 0.
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