Logan County ZBA hands County Board a mixed bag and conditions to decide mining requests

 

[July 14, 2021] 

On Monday, July 12, Logan County Zoning Board of Appeals held part two of a public hearing to consider applications for rezoning and conditional use requests to mine.

Last Thursday, the ZBA heard details on the project from petitioners Doug Muck and Joe Scharf of Carri Scharf Materials Company. The proposed project area is north of Salt Creek, west of 900th Avenue, south of 1575th St and east of Kickapoo Creek. There are 407.8 acres are in the proposed project area.

Brandon Lott of Farnsworth Group shared a power point presentation that covered the need, methods, impacts and reclamation.

There was a general overview of the plans to mine for sand, gravel and limestone and discussion of methods used.

After clearing off topsoil, the company would create berms. They would be doing dredge mining, which excavates materials from water. Everything is electrical, so that means less noise.

The presentation was followed by many questions and comments from both the ZBA and the public. Several concerns were raised about possible adverse effects on their properties and home foundations, property values, higher traffic, potential environmental impacts and health hazards from dust and water pollution.

Since the first portion of the meeting lasted over two-and-a-half hours, the ZBA decided to reconvene Monday to allow time for deliberation on the requests. The public comment portion of the meeting was concluded.

Before the ZBA entered deliberations, Muck gave ZBA members handouts about silica, crushing of limestone, types of crushers and a stone crushing plant. These provided more information about areas the ZBA had questions about.

ZBA chairman Doug Thompson asked Joe Scharf if his employees working on the site wear special equipment to protect them.

Scharf said they are not required to wear any special equipment. The only time silica dust might become a problem for the employees is when there are extremely high winds.

Muck said silica is also known as quartz and the particles are very small. The work is regulated by OSHA, who Scharf said inspects the sites twice a year.

To get a better understanding of the issues, Thompson said he talked extensively to someone at the Illinois Department of Natural Resources who oversees mining.
 

The DNR has a ten-ten rule saying if is under ten years and under ten feet of overburden, you do not need a permit. For anything over that, a permit is needed. Thompson asked if they would be under that limit.

In this project, Scharf said the sand and gravel are the overburden. Since these materials are about five or six feet down, they are under the ten-foot limit.

There was also a question about blasting noise and the new blasting method with multiple charges going off in sequence.

Though no pre-surveys are done for blasting, if the noise limit is exceeded, Thompson said, he was told the DNR would come and test it to see if the company is out of compliance.

Scharf does not know as much about the blasting methods because he hires professionals to do it, but he said the professionals plan to use the new methods.

The ZBA then discussed their findings starting with the rezoning request. This request is rezone some parcels from agricultural and special district to extraction district (M-3).

Several nearby residences are within a quarter mile of the parcels. Other nearby properties are subject to flooding, thus there is limited productivity.

As they considered the rezoning request, ZBA members looked at the extent to which property values are diminished by particular zoning restrictions.

Though the ZBA heard some anecdotal evidence about property values, ZBA member John Fulton feels effects on property values are unknown and unproven.

There were concerns raised about dust, noise, blasting vibration, water drawdown, water quality, ingress and egress expressed by the neighborhood. Though Thompson said there could be issues in these areas, there were no solid numbers to look at. Thompson feels reclamation could help “fix” some problems. A reclamation plan was included in the application.

They then looked at the extent to which rezoning would promote the health, safety and general welfare of the public.

As for promoting general welfare, Thompson said more jobs would be created for this project.

On the downside, Fulton said there are safety concerns with traffic and a possible need for road improvement.
 

Looking at the suitability of the property for zoning purposes, the ZBA said limestone has been found in the area.

The ZBA then considered how well the project would meet the five criteria for conditional use.

The first criteria is that the establishment, maintenance, or operation of the conditional use will not be substantially detrimental to or endanger the public health, safety, morals, comfort or general welfare. Dust, groundwater pollution, sound, traffic, vibration and well water are some of the factors considered.

Fulton said there are concerns about traffic and blasting.

After Fulton asked what happens when it floods, ZBA member Scott Noltensmeier also asked if the plant would be in a flood plain.

Since Scharf and his company dredge underwater, he said there is rarely a problem when it floods. Nothing is carried off site by flooding. The company also plans to build up the ground the plant would go on.

Some of the parcels are in a flood plain and recently, there was flooding in some parcels. However, Muck said the plant would be north of that area.

The second criteria to be considered is that the conditional use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish property values within the neighborhood. Many of the same factors of the first criteria are considered.

One concern Thompson said he had is that access to the project could complicate travel.

ZBA member Cheryl Baker asked about their hours of operation.
 

During the winter, Scharf said the work is usually done from seven to three. In the summer, the hours are usually six to five.

Another concern Thompson had was about the drawdown of well water. Noltensmeier asked what would happen if a well went dry.

At Scharf’s plants, Muck has been told no well has gone dry. If a well would go dry, though, it would be fixed by the company.

The third criteria is that the establishment of the conditional use will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

For this one, Fulton said concerns about roads and traffic should be noted.

The fourth criteria is that adequate utilities, access road, drainage or necessary facilities have been or will be provided.

There was a question about having a substation, but they will be able to use one nearby.

Thompson also asked if they would build access roads.

Scharf said access roads are not usually needed.

The fifth and final criteria is that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

Thompson said traffic is a big concern.

ZBA member Judy Graff asked how many trucks were going through when the Hansen operation was mining.

Muck said it was between 70 and 100 per day, but only so many loads are allowed each day. For this operation, Scharf said the amount of trucks would be similar.

Graff made a motion to approve the rezoning request and the vote was 3-2.

Graff, Baker and Thompson voted yes.

Fulton and Noltensmeier voted no.

Under the ordinance, the ZBA must have four yeses to pass, so this motion failed. Therefore, there will be no recommendation for rezoning go forward to the Logan County Board. Without rezoning, there would be no conditional use to vote on.

Before making the second motion, the ZBA recommended adding some conditions [to address concerns]. For instance, the company would need to get permits from the Illinois Environmental Protection Agency, the Illinois Department of Natural Resources and the Logan County Health Department.

Since some of the criteria for conditional use involved public roadways, Logan County Highway Engineer Bret Aukamp had the following recommendations:

Approved access permit to allow for a commercial entrance on to 1575th Street, which would serve as the primary ingress/egress location for the proposed gravel pit/rock quarry.

Coordination with Broadwell Township Road District for any use on or adjacent to the 1500th Street right-of-way, along with any related permits or agreements required to utilize any portion of the public right-of-way.

Coordination with West Lincoln Township Road District and the city of Lincoln to determine proper signage along 1575th Street to discourage truck traffic east of the proposed site entrance.

Written acknowledgement from the applicants that the proposed haul route on 1575th/1550th Street may be temporarily closed due to construction projects from time to time, which may impact traffic patterns including the ability to haul sand, gravel, and other aggregate materials.

Coordination with West Lincoln Township Road District and/or Logan County to make the necessary improvements to 1575th/1550th Street to accommodate the anticipated traffic associated with the project. This may include a written agreement outlining the responsibilities of all parties in any road improvement projects.

Fulton motioned that if the county board approves rezoning, and if they approve the conditional uses, then they should consider the recommended conditions.

The ZBA voted unanimously for the second motion.

The ZBA’s recommendations on the rezoning request and conditional use permits will be brought forward to the Logan County Board at the Workshop on Thursday, July 15.

The board is expected to vote on whether to approve these applications at the Logan County Board Regular voting meeting on Tuesday, July 20.

[Angela Reiners]