New mining request makes first rezoning hurdle with Regional Planning Commission

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[September 04, 2015]  LINCOLN - As the Logan County Regional Planning Committee held its monthly meeting on September 2, 2015 there were plenty of guests and discussion. While many were there to discuss the Logan County Bicycle Trail Plan, the evening also included an update by Doug Muck on his request to rezone land to M-3 (mining).

The zoning change request is on a third land parcel Muck owns that when combined with the other properties he intends would be used to mine limestone west of Lincoln once again. It is located south of Fifth Street, west of Kickapoo Creek and north of Salt Creek, east of the previous mining operation.

This request and the one previously approved in May of this year are in the first of two phases since the county ordinance was amended. At this time the request is to rezone to M-3 for mining. Next, a conditional use permit would need to be granted. The conditional use would define more criteria before mining could be conducted.

The Regional Planning Commission is first stop for rezoning. The RPC is composed of representatives of communities who review land use and potential impacts. Zoning changes then move to the Zoning Board of Appeals, who review the RPC recommendation and all documentation to the proposed use, and conduct a public hearing. The ZBA also gives their recommendation to the Logan County Board. The County Board makes the final decision.

The Logan County Zoning Board of Appeal's Public Hearing takes place at West Lincoln Broadwell tonight, Thursday, Sept. 3 at 7 p.m.

Logan County liaison to the Commission, Jan Schumacher, led the meeting.

The purpose of the land would be to mine limestone

Muck began by showing commission members a large aerial photo highlighting the proposed area to be rezoned around Salt and Kickapoo Creek, off 1575th Ave, near Area Disposal, and the bridges across the creek. He said they are hoping to use that parcel of land because it has some mineable deposits that have been verified. Muck noted that he has been working with some of the neighbors to gain access. He is looking at a roadway off 5th Street, but needs to approach one of the neighbors that lives right there.

Muck said that since the other part was rezoned in 2012, this rezoning just puts the last puzzle piece in place to get to mining.

He noted some possible plant locations such as one on the south side of the creek, and says he has talked to Ameren CILCO about power installation. Muck explained that two areas he would prefer for the plant location have to do with the height of the ground since he wants to avoid a flooding problem. He also pointed out some homes that would be impacted, and says he wants to talk to the homeowners.

Muck said that a study done in Springfield that the county paid for shows that trees can only be cut in that area between November 1 and April 1 of a given year because it could affect a bat. He said that fortunately, he does not need to cut any trees at this point, but may at a later date.

Muck next discussed the LaSalle County economic impact study, which he said shows positive impacts: every one job created in the mining industry creates 1.4 jobs in other service industries, so you end up with 2.4 jobs.

Muck said that since the old mine Hanson operated is fairly old, having been used since the 1940s, the new plant would be a more modern plant. He noted it may even be a portable, mobile plant that could "crush the stone right where you pull it out." He stated that at some point, he is planning to bridge the creek, but has developed backup plans due to a lawsuit. Muck asserted that only one mile of road will be impacted on Fifth Street, something he has discussed with road commissioner Bob Sheley. Schumacher asked where the road would come out and Muck said he thought it might be where the garbage trucks come out before you get to the main curve because people would have much better visibility both ways and the high ground is better.

Wanting to allay some fears identified during previous requests, Muck showed them a water survey that showed drilling all over the place, including one where the homeowners had a 90 foot depth to find water, one that drilled to 70 feet, and another to 40 feet. Muck said hydrologists he has talked to have re-evaluated the area and he feels that there will be little or no impact on the water. He said that one well on top of the hill was only 15 feet deep and went dry, and when the homeowners talked to Hanson, they were told to dig a new well and Hanson would pay them for it. Muck reported that as they got closer, the well filled up again, which indicates that it did not have anything to do with the mine.

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Commission member Dave Schonauer wanted to know what has been approved and asked how many years of deposits might be in there. Muck said that generally speaking they ran 15 to 20 acres a year, going over 50 feet to get to some of the stone [in the previously mined area], but where they may be drilling this time there may be 45 foot depths to get to the stone and 15-20 foot depths of stone. He says the greatest depth is closer to lowest land. Muck said that if it is mined, it will be done in about five years and will be heavily screened with all the company's berm, it provides water suppression, and controlled dust. He assured the committee that he wants to take care of the neighbors and protect them, but is not sure where to start yet; he has more investigation to do.

Commission member Fred Finchum asked about a timeline where they might be in a position to start producing, and Muck noted that the permitting process takes a while and there is about $100,000 worth of costs that are part of the process. Muck has started the process, but said he is not sure what will happen with some of the new EPA regulations. He anticipated it could be between six and eight months and Laurie Muck pointed out it "depends on whether the company comes or whether we have to start it ourselves."

Doug Muck said a water run-off study would need to be done and it would require showing that any improvements made will not affect the overall water tables by more than six inches.

Muck stressed the economic benefits the mining would bring to the community.



Commission member and Logan County Highway Engineer, Bret Aukamp, asked about what appeared to be a missing piece of the map and Doug Muck pointed out that it is just where a house and well used to be, but the well has been capped, and it could have to do with elevation. D'Andrea said assessing records show the high spot as a separate parcel, and legal descriptions govern the boundaries.

Aukamp posed concerns about access to roads and berms being in the flood plain, but said they may be better addressed later in the process. Schumacher asked about recommendations and D'Andrea asked for a motion to recommend approval.

The RPC unanimously approved the motion.

Commission members present were Jim Fuhrer, Jeff Hoinacki, Becky Werth, Jan Schumacher, Andy Anderson, Dave Schonauer, Jim Vipond, Fred Finchum, Marty Neitzel, Blair Hoerbert, Ryan Murphy, Gerald Lolling, and County Highway Engineer Bret Aukamp. Zoning Officer Will D’Andrea was also present. Also attending were Douglas and Laurie Muck.

[Angela Reiners]

Tonight, Thursday, Sept. 3, at 7 p.m. the Logan County Zoning Board of Appeal's will hold a Public Hearing at West Lincoln Broadwell School.

The Logan County Board Regular voting session takes place on Tuesday, Sept. 15 at 7 p.m. in the Logan County Courthouse.

LDN will bring a story on the bicycle trail updates and approvals in the Friday edition.

Prior related articles:
May 16, 2015 - Logan County considers rezoning land for mining limestone

Logan County Board: Land approved M-3

 

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