Zoning Board of Appeals approves rezoning land near old quarry to M-3 extraction

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[May 09, 2015]  LINCOLN - The Logan County Zoning Board of Appeals met on Thursday night at West-Lincoln Broadwell School to hear on a proposed rezoning of land in Logan County. Doug Muck was at the hearing to present information on a proposed rezoning of land from Special District to M-3 Extraction. The land in question is located near the intersection of 900E and 1500N on the north side of Salt Creek. It measures roughly 169 acres in size.

In 2012, Muck applied for and was granted a rezone request on land near the property. Since that time, the application has been held up in the state court system due to an appeal.

Muck said there are verified limestone deposits in that area. Additionally, the limestone is estimated to be much closer to the surface. “We’ve estimated that for a good portion of this ground, we’ll only have to excavate less than forty feet total,” said Muck.

Muck also said that due to breaks in the levy in the area, the land is prone to flooding. On the topic of nearby water, the area is farther away from the Mahomet Aquifer than the previous application. Muck said that as part of the previous request, the location of the aquifer was a concern of the public. Additionally, Muck pointed out that other parcels nearby are also zoned M-3.

Currently, there are no solid plans on who would operate a new mine. Muck said he has spoken with several companies, as well as considered opening the business himself. One of the companies he has spoken to is Hanson, the mining company previously operated a mine in Logan County. Either way, Muck said it could take up to a year or so before they could apply for a mining permit.

As part of a quarry, a processing plant would need to be built. Rick Sheley asked if Muck had a location in mind for the plant. Muck said that there are multiple potential spots he has in mind, with no solid decision yet. One of the potential spots would be on the south side of the creek, should the legal dispute over that area end within the year. Muck said he was confident the legal matter would be decided by the end of this year.

Glenda Downing, a citizen of Lincoln, said that she is worried about the location of a processing plant. Downing, who lives on 5th street near the proposed area, also said she is worried about the dust and dirt that will get kicked up by the plant and the trucks driving by, due to health issues. “It’s all a mess,” said Downing. Muck responded, saying that he is willing to include Downing in future discussions as part of the conditional use application process.

Blaine Olson also commented, saying that Muck has no guarantee that a company will even be willing to operate in the area. Olson also said that he does not see a need to rezone more land to M-3 if no mining company is willing to locate here. “Is it necessary to continue to zone land when we still have no mining company?” asked Olson, who said that Muck’s plan is vague and unclear.

Muck said that the presence of a company is not actually needed for land to only be zoned for extraction. In addition, if there is more land available for mining, a company may have more incentive to mine for stone. Muck attempted to offer further rebuttal to Olson, but Olson denied further comment.

Muck stated several times that limestone is a necessity for people living in the county. Limestone is used by farmers, and it is also needed for roads and highways, as well as construction projects. Currently, anyone needing limestone has to pay to have it brought it to them or they have to transport it themselves from Athens, Pontiac, St. Louis, or other areas.

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Muck said that he feels the presence of a quarry is consistent with county directives for economic growth. Additionally, Muck said that previous economic plans advised officials to mine the limestone deposits found in that part of the county.

Muck also said he has been talking with nearby landowners over the past few months to make sure concerns are addressed, and will continue to do so for several months. Multiple neighbors present at the meeting confirmed that they have been in communication. “They have been very amicable discussions,” said Muck.

Doug Thompson asked about road access for the area. Muck said they are looking into access from Fifth Street, as well as the use of private roads.

On the topic of jobs, Muck said that he imagines a new limestone mine would need around twenty jobs, or maybe more. Muck also said he would try to reach out to miners from the area who worked at the previous mine.

Muck said that due to recent changes in the county ordinances, mining is now applied for as a conditional use permit in addition to rezoning. Under permitted uses, Muck would only be allowed to dig borrow pits. As a result, he would have to come back at a later time to gain conditional permission to operate a mine. At the current time, the hearing would only be on rezoning the land. Muck said a conditional use permit would still be close to a year away.

In addition to proper zoning and a conditional use permit from the county, Muck would have to apply for several permits at both state and federal levels. Muck said the total cost for permit fees would total between $150,000 and $400,000.

On Wednesday, the Regional Planning Commission voted unanimously to recommend rezoning the land to M-3.

The Zoning Board of Appeals needed a unanimous vote from the three members present to make a recommendation. All three members voted yes to recommend that the land be rezoned.

The County Board will have the final say later this month.

ZBA members present at the meeting were Doug Thompson, chairman; Judy Graff and Rick Sheley. Logan County Zoning Officer Will D'Andrea was also present.

[Derek Hurley]

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