MMRB Minutes

MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Tuesday, Februrary 5, 2008
3:00 p.m.

The Mineral Mining Review Board was called to order by Steve Versluis, Chairman at 3:00 p.m. at City Hall, 4243 Remembrance Rd., N.W., Walker, Michigan.

Members present: Steve Versluis, Chairman; Mark Koning; Bonnie Broadwater; and Gary Postema, Alternate. Members absent: Scott Conners and Frank Wash. Also present: Jeff Nelson, Building Official; and Bonnie Antcliff, Recording Secretary.

Lakeside Aggregate has requested approval for a mineral mining license.

Property located at 2325 Butterworth & 2204 O’Brien, 41-13-34-300-016, 41-13-34-100-018.

Applicant & Lakeside Aggregate, LLC Owner: Same

Mining Cont: 16861 120^th Ave.

Nunica, Mi. 49448

Brent DeRose stated that the fences here have been certified. He went on to say that a new haul road was constructed last year. The area that was filled started on the north and was working in where the old haul old was. He then pointed out the areas that were mined on the site plan. The area east of the haul road has all been reclaimed. In 2008 we are going to continue to mine in the same areas in Phase 2.

Doug Meekhof stated that there was not a lot of work done here this year. We did most of our business at the Mines. We are going to work on getting that gap filled in here this year. He felt that in one more year that area will all be reclaimed. That is why we moved the haul road over. We are concentrating on restoration now.

Jeff Nelson stated that last year in cell 4 the Board wanted to see the reclamation contours from that area. We also need a continuation of the bond and we do have the fence certification.

Steve Versluis stated that we need a reclamation plan for Phase 4.

Bonnie Broadwater stated that she had no concerns on this site.

Mark Koning asked why there were two active areas being mined on this site?

Doug Meekhof stated that they were searching for good sand.

Steve Versluis stated that the Board would like compaction tests for 2008 and also some spot tests for previous filled areas. The ordinance was been revised and this is why we are asking for this. We want to make sure the site is workable and usable when you are finished.

Brent DeRose stated that this site is not going to be buildable.

Bonnie Broadwater moved and Mark Koning supported the motion to open the public hearing.

Motion carried 4 to 0.

Robert Edwards 2026 O’Brien asked what the end use will be for this site?

Brent DeRose replied that there is an operation in front of this site of 1300 ft. before you get to the gate of this site. He went on to say that he thought that area was a transfer station where they take in leaves and reclycling. That property is owned by the City of Grand Rapids but in Walker.

Doug Meekhof stated that this site is not suitable for building since it is undermined there. It will probably be recreational use.

Mark Koning moved and Bonnie Broadwater supported the motion to close the public hearing.

Motion carried 4 to 0.

Mark Koning moved and Bonnie Broadwater supported the motion to approve the mineral mining license for 2325 Butterworth and 2204 O’Brien until February 28, 2009.

The Board imposed the following conditions:

Motion carried 4 to 0.

Lakeside Aggregate, LLC has requested approval for a mineral mining license.

Property located at 2471 Butterworth & 2468 O"Brien, 41-13- 33-400-003, 41-13-33-200-003, 012.

Applicant & Lakeside Aggregate, LLC

Mining Cont: 16861 120^th Ave.

Nunica, Mi. 49448

Owners: Meekhof Properties, LLC Richard Oliver

16861 120^th Ave. 2472 O’Brien

Nunica, Mi. 49448 Grand Rapids, Mi. 49534

Brent DeRose, Nederveld Associates stated there was some concern about the west line and how it was going to be tied in with the adjacent pit. That issue has been addressed. This site was slow over the past year. He pointed out the area that has been mined this past year. There was some concern about not going past the oil well and nothing has been mined there. The contours have all be upgraded. The area close to Butterworth was mined and that material was suitable for fill. We continue to move to the north, reclaiming as we go. 2008 will be a similar operation. We want to get the sand out of the northwest corner. The two adjacent property owners have agreed to work together to mine sand and we will talk about that at the next hearing.

Jeff Nelson stated that he felt more comfortable now that Mr. Goodale has taken over his own pit and is going with Mr. Meekhof. Things should go better there now. We do need a renewal of the bond on this application.

Bonnie Broadwater stated that she wanted to verify that the contours that are shown on the north side of the site along the eastern portion are a one on five slope.

Brent DeRose replied that those are a one on three. This property has not been revised.

Jeff Nelson stated that those slopes have already been reclaimed.

Bonnie Broadwater moved and Gary Postema supported the motion to open the public hearing.

Motion carried 4 to 0.

Michael Magniant 2500 O’Brien stated that he had a lot of trouble when they took all of the trees off of the Oliver property. He stated they were dropped on his property and he is concerned about the mining taking place here. He asked how far to the north on the Oliver property are you going to come?

Brent DeRose stated that there are standards in place so that we cannot get too close to the property. There is a 30 ft. buffer so that vegetation does not start falling in on your property.

Mr. Magniant asked who monitors all of this?

Brent DeRose replied that the Mineral Mining Board monitors all of this. If there is an encroachment of the property line, they would be in violation of the mineral mining permit.

Jeff Nelson stated that it used to be they had to stay 10 ft. from the property line. Now it is 30 ft. It used to be a one on three slope and now it is a one on five. They will stake out the property line so that the operators know where the line is.

Steve Versluis stated that if you ever have a question you can call me. You can see this from an aerial photograph. We watch this every carefully. If you have any questions, give me a call.

Steven Dowhan, 2550 O’Brien asked what the hours of operation are and how far north will the mining go?

Brent DeRose replied it is 7:00 am to 6:00 pm Monday through Saturday. This pit was fairly quiet last year. The activity in the pit will be market driven. We plan on going 700 ft. to the north from Butterworth. It will be about 350 ft. from the active mining face of the pit.

Jan Edwards 2026 O’Brien asked how long the mining will be going on here?

Brent DeRose replied that this mine is scheduled to go on until 2019.

Bonnie Broadwater moved and Gary Postema supported the motion to close the public hearing.

Motion carried 4 to 0.

Mark Koning moved and Gary Postema supported the motion to approve the mineral mining license for 2471 Butterworth & 2468 O’Brien until February 28, 2009.

The Board imposed the following conditions:

Motion carried 4 to 0.

Goodale Sand Pit has requested approval for a mineral mining license.

Property located at 700 Maynard, SW, 41-13-33-200-014 & 41-13-33-326-010.

Applicant & Goodale Sand Pit Owner: Same

Mining Cont: 0-21 Fennessy, SW

Grand Rapids, Mi. 49534

Brent DeRose, Nederveld Associates stated that Shoemakers were mining sand out of here and that lease expired in August, 2007. In that lease there was an arbitrary line drawn across the site and that line did not work with the contours but looked good on a legal description. It became evident, as the site progressed to the north, that it needed to be reclaimed and soon and there just was not enough room to do that. The property owners and the applicant could not agree on how that slope was to be reclaimed. There is also an oil well right there. 2005 is the last time we were in front of this Board on this site. The site has sat vacant since that time. Mr. Shoemaker and Mr. Goodale have worked together to come up with a solution to close out this pit. There is an active soil erosion permit to restore this lower shelf to a one on five. There are pockets of good sand and then there are some heavier soils. Mr. Goodale now has an agreement with Meekhof’s to mine this. The original access was on Butterworth to get into the pit. The new access will come from the east and we will continue to work to the north. The intent is to close off the old permit and lease with Shoemaker Aggregates and then continue to work to the north.

Steve Versluis asked if the access point will be moved down Butterworth toward Grand Rapids?

Mr. DeRose replied at this point there have been tentative discussions. We have not abandoned this access because it may make sense to come in this way to get this material. There is an agreement with Christian Oil to lower this oil well. Our intent is to continue to work behind it and get a big job and take it all down as fast as we can.

Jeff Nelson commented that this is a unique site. We had a property owner here who did not have mineral rights and a different contractor than the owner so we had three parties involved. The people who had mineral rights wanted it restored, the owner wanted to keep it open so he could continue mining so they waited until the mineral rights went away, and that was this past summer, so now we are dealing with just two parties. We met with Mr. Shoemaker and Mr. Goodale at the site and they agreed on what Mr. Shoemaker had to restore and they obtained a permit from the Engineering Dept. to do that. We now have to determine whether or not a letter of credit for $25,000 is enough for a site this size.

Steve Versluis stated that we have always tried to be consistent on that point and he felt that it needed to be maintained.

Bonnie Broadwater asked the applicant if they had any wetlands determination or anything that shows where the wetlands extend to, in terms of jurisdiction, under the DEQ? She stated that we want to verify that there are not any proposed wetland impacts because that channel to the north is an important drainage way. There also does not seem to have any proposed phasing or reclamation plan here.

Mr. DeRose replied that we have been going year to year on where we are going to work. We can do phase lines if that is what you want.

Steve Versluis stated that we have always demanded reclamation plans for all sites.

Bonnie Broadwater stated that this application is marked as a renewal. We will probably want to look at this as a new application.

Jeff Nelson replied that we ran this as a renewal for a couple of reasons. One is the fact that the price for a renewal and an existing permit is the same and a new permit would have less detail than a renewal permit.

Brent DeRose stated that the reclamation plan is the contours. We can get phasing and break that down into years. The use here would ideally be residential homes. That would make the property the most valuable.

Bonnie Broadwater stated that soil erosion permit will be required for this site. You will need to get a permit that is separate from the restoration that is going to be completed by Mr. Shoemaker for the mining that you are going to be doing. As far as retention, you will need some sediment sump, and there is nothing like that shown on the plan. That should be added and accounted for.

Brent DeRose replied that this one is going to fall with the adjacent pit. It is moving to the east and the drainage is draining to the south. Intermediate percolation basins are usually done to make sure we do not have water problems.

Bonnie Broadwater replied that those things should be shown on the plan.

Mark Koning moved and Bonnie Broadwater supported the motion to open the public hearing.

Motion carried 4 to 0.

No one appeared with respect to this request.

Gary Postema moved and Bonnie Broadwater supported the motion to close the public hearing.

Motion carried 4 to 0.

Mark Koning stated that he is concerned about the haul road. Will it be tied into Meekhof’s haul road?

Mr. DeRose stated that the existing haul road will be a turnaround. We have discussed moving the road but at this time it does not make a lot of sense. There is a road that comes off of the Hendges pit and another one for the Demolition pit.

Mark Koning stated that we want to know, when we meet again, what the haul route will be.

Jeff Nelson stated that we would also like to know what kind of fill is going to be coming into this site. That should be listed on the plan.

Bonnie Broadwater moved and Gary Postema supported the motion to table the request for 700 Maynard until February 19, 2008 at 3:00 pm.

Motion carried 4 to 0.

Mark Koning moved and Bonnie Broadwater supported the motion to adjourn the mineral mining meeting at 4:15 pm.

Motion carried 4 to 0.

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Walker, MI  49534
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