Logan County Board expected to vote on rezoning and conditional use permit requests to mine sand, rock and limestone

 

[July 19, 2021] 

At the Logan County Board Workshop on Thursday, July 15, the focus of discussion was on applications for rezoning and conditional use requests for mining.

In a two-part public hearing held on Thursday, July 8 and Monday, July 12 the Zoning Board of Appeals 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 in the proposed project area. The plan includes mining for sand, gravel and limestone.

The ZBA unanimously recommended that if the county board approves rezoning and if they approve the conditional uses, then they should consider the recommended conditions.

Many community members attended the workshop with a similar crowd of people that were at last week’s hearing.

Before the applicants spoke, Board Vice Chairman Scott Schaffenacker asked for public comments on the issue. Comments from the public included both negatives and positives.

Several of those speaking had concerns that included possible drainage issues, ditches overflowing; well water, and stream and surface water, air and soil pollution. The additional traffic, road access, road deterioration, blasting noise, possible home foundation issues and property values were other concerns those who live near the proposed project area expressed.

Others asked the board to consider how the mining would affect people’s daily lives and homes. One person wants the board to take the whole picture into consideration.

Those who feel the project would be beneficial to the county said it would create jobs plus bring in revenue and sales tax. Additionally, the idea of having limestone available in Logan County instead of having to drive a great distance to buy it is favorable.

The applicants next had a chance to share more about the project and address concerns.
 

Doug Muck responded to some of the public comments, gave a brief overview of the project and shared several handouts with the board showing maps, diagrams and other project plans.

A drainage agreement Muck provided how and what drains where. He reminded the board members that any conditions imposed under the zoning law must relate to the benefit of the general public and not just one landowner.

Because the Mucks have been before the board for rezoning two previous times, Mr. Muck said he is sensitive to the issues. Both of the previous rezoning applications were approved.

Muck said they have accomplished what they were asked to do by the county board. He and others involved in the project were asked to work things out so they could do the project. Part of what is needed includes rezoning two parcels.

On one property, Muck said there are stands of hardwood trees they intend to leave. Since they near the proposed project area, Muck said they would provide excellent screening and at the same time protect properties in the vicinity from sound and dust.

Using water to dredge the sand and gravel means no dust. The only dust generated would come from trucks going in and out. Once the sand and gravel are removed, they will get to the limestone. The limestone is over 50 feet below ground, so Muck said there would be less blasting noise when mining it.

Parcel six is 2,000 to 3,000 feet away from any residences. Muck said he made sure to send notices to everyone within the required quarter-mile area of the project.

When Muck sent out letters, he asked people to contact him to work through any issues they had. He only received two phone calls. With one caller, he had a good conversation, but the others were too angry to resolve anything. Beyond that, Muck said he did not feel there was much more that could be done to talk with anyone.

A revised reclamation plan Muck gave to the board showed where lakes would be once the land is mined. This plan is not cast in stone because Muck said they would likely find places they would not have a lake because it would be moved a bit into another direction.

Mining sand and gravel to get to the stone leaves the area with lakes. To show how the area might look, he gave the board photos of lakes near the Scharf’s mining project in Heyworth. He also provided photos of screening and berms at projects that reduce visual impacts.
 

While Muck can understand people not wanting to be near where mining is being done, he said this area is where the materials are. Muck said if someone could move the materials somewhere else, they would, but that is not possible.

Resolutions passed by the county board between 1978 and 1980 directed that these materials be utilized because they are really valuable to the community. Muck said policy decisions for rezoning other tracts indicate he is just affecting what has already been done and trying to make it work.

The county has a long history of mining starting in 1935 when Muck’s family started a mine. They sold the mine in 1978, and another company and mining continued until 2011 when material services ran out of the product. There was a mess left at the plant, but Muck said he is not responsible for the mess made by another company. Muck said when they are done, he and the company would make sure their site would not look anything like that.

Heyworth has had great revenue from their mining and Muck said this project would bring similar economic and personal benefits to the county.

Traffic from the plant would be routed out west and go down to quarry road and go out. Muck hopes to get some cooperation from other landowners when they get across the bridge near the site to get a right of way. That way, trucks could go diagonally over to the quarry road. Muck said it would take trucks off the road for most of that area and the curves would not be a problem. He would need to talk with one of the families about it.

Farnsworth Group Representative Brandon Lott made three points.

First, Lott said setbacks from property lines would provide separation between the mining and adjacent properties.

Second, when it comes to traffic, Lott said an entrance permit would be required. They would evaluate the entrance from the facility to the road and have the county review it.

Third, a wet dredge sand and gravel process would be used. Water studies are done before projects. Lott said wet dredging recycles water, so impacts beyond the mine are not significant. The water level is not dropping as they pump sand and gravel.

“Dewatering” is possible during limestone mining, but Lott said it would not likely be widespread. The radius of influence on the drawdown of water would be 565 feet.

James Scharf said his company would not be here to cause harm or destroy lives. They would comply with all state and federal regulations and anything beyond that.
 

The Muck family has lived and served in the county for many years, so the county is their home too. Laurie Muck said she has seen the community lose population and businesses. Therefore, she feels the county must take steps to generate income and opportunities and make this place better. The Mucks have spent thousands of hours trying to make the project a reality and do not take it lightly.

Laurie Muck spends time out in the country and agrees that what Hansen [the former mining company] left was an eyesore. She said that would not happen here. They would do their best to make it easy on the people and encourage traffic to go west to stay away from most of these houses. She asked the board to consider how the project would benefit and support the community.

Several board members then shared their thoughts and asked questions.

Annette Welch has served on the board for four years. She said people have reached out to her about this project more than any other item since she has been on the board. Welch sees the financial impacts, but also understands the concerns especially regarding limestone mining. Welch is not sure the board has given enough time for additional conversations and issues to be worked out.

Recently appointed board member Dale Nelson also understands the economic benefits for the county. Nelson said he wants to make the best decision possible for the county and the people. There seems to be a lot of questions and concerns from homeowners about how mining will impact them.

Looking at permit questions, Nelson asked whether the risk or benefit [of the project] is worth the costs of the risk and benefit to nearby homeowners. Nelson feels more discussion about these issues is needed. He would like to see the Environmental Protection Agency and Illinois Department of Natural Resources requirements.

Logan County Highway Engineer Bret Aukamp had made some recommendations. Board Chairman Emily Davenport then asked Aukamp whether project applicants would need to go through road issues with him even if the board would approve the applications. She wanted to know if Muck was okay with Aukamp’s requests.
 

Because the roads for the project would be under the jurisdiction of West Lincoln Township, Aukamp has worked closely with their office to work through issues.

If the conditions Aukamp suggested were approved by the board, it would provide a checklist for developers to work through. This checklist would include an entrance permit, upgrades to Fifth Street Road and any improvements to intersections. Aukamp said any concerns the board had could be added to the conditional uses. Aukamp would like to work out an agreement with Muck but said it would take some negotiation.

To get some clarification on a few issues, Muck said he hopes to talk further with Aukamp and the road commissioner.

Muck has already talked with the West Lincoln Township Road Commissioner about needed repairs on Fifth Street. He plans to provide material for road improvements once they have mined for limestone because it is better than gravel for upgrading roadways. Muck would rather wait to upgrade the roads and does not want to be nickeled and dimed on road work.

A gas line transverses one property, so board member Keenan Leesman asked Muck if there is a plan to not interrupt that.

When they get to the property, Muck said the gas would be temporarily shut off, mined around and then reconnected. If they do not get cooperation from the gas company, Muck said they would stay away from the gas line. Both Muck and the Scharfs are aware of and sensitive to the issues.

Due to concern about a land reclamation plan not being listed in the recommendations, Leesman would like them to have something in place. He asked what assurance to homeowners that the area would have not be left with an eyesore when the project is done.

Muck said with sand and gravel, there would not be big piles of unusable material. Instead, lakes would be created. Berms can be removed if needed to make the area look nicer. Eventually sand, gravel and limestone can be removed to leave soil so it can be farmed again. Machinery is reclaimable and can be removed and sold for scrap metal. Muck said he would be willing to talk with anyone in more detail about reclamation since they want it to look nice. He wants to have communication and feedback.

To follow up on what Muck shared about reclamation, board member Jim Wessbecher said he had not seen a specific reclamation plan. He asked if the county could help come up with something to avoid what happened with Hansen.
 

A diagram Muck gave to the board indicates where lakes would be, their depths and type of ditching for the lakes. He said people are welcome to go to Heyworth and see the lake near the Scharf plant.

Muck said Hansen was grandfathered in to not have to do certain things companies must now do. Equipment is far more sophisticated and quieter. There are more restrictions on dust and noise now than when Hansen finished their project.

The contract with the Scharfs says the equipment will be removed when the project is complete. If they don’t, Muck said his family would get rid of it. To prevent the mess left by Hansen, Muck said the board could possibly pass a nuisance ordinance. Muck is not sure why they left equipment behind.

At the Logan County Board’s Regular voting meeting Tuesday, July 20, motions will be brought forward for a resolution to amend the Logan County Zoning map and approve the conditional use permit. The board is expected to vote on whether to approve the amendment and permit.

[Angela Reiners]