Logan County Board approvals make way for sand and rock mining operation

 

[June 06, 2022] 

At the Logan County Board’s voting meeting in May, one focus of discussion was the rock quarry mining project that has been in the petition/approval process for over a decade. The location is near the former quarry location west of Lincoln along Fifth Street Road.

Planning and Zoning/Economic Development motions from Committee Chairman David Hepler included taking [10] conditions off the table for the Muck Mining Project.

Finance Chairman Steve Jenness had a question about what the motion meant.

Last summer, the motion for the conditions was tabled. Hepler said the motion must be taken off the table.

A subcommittee met in recent months and Hepler said they came to a consensus on the conditions.

Another motion was to accept suggested operational conditions/terms for ARCH/MUCK/SCHARF M-3 (Industrial) conditional use approval. M-3 is the extraction district, so M-3 zoning allows for mining.

Since West Lincoln Township is in the proposed project area, Logan County Highway Engineer Bret Aukamp asked if they had been contacted.

Jenness said that one of the listed conditions is to coordinate with the Broadwell Township Road Commissioner for use of 1500 North Street.

Though that is one of the roads, Aukamp said other roads are involved as well.

What board member Dale Nelson wanted to make sure is that the proper people were engaged.

Schaffenacker asked Logan County Zoning Officer George Mencken his opinion.

With some of the public complaints, Mencken said issues related to EPA and dust are already handled at the state level. To Mencken, they do not need to be considered unless the county makes stricter rules than the state. Making stricter rules for dust and noise is extremely expensive.

For the rest of the conditions, Mencken did not have a problem. With the roads, he said large garbage trucks go down those roads constantly. He asked if the prior mining outfit paid extra money.

If putting conditional uses on something, Mencken said you cannot put uses on that make it impossible to do.

Next, Doug Muck asked to weigh in. Muck said he has gone to great lengths and done a massive amount of research [on the mining.] He provided memorandums to the subcommittee and other members who requested them.

In relation to the laws, Muck had sent the board two statutes.

One statute says if you are going to impose conditions, you must have performance standards in your ordinance.

Another statute states road impact fees are only assessed in counties with populations of 400,000 or greater. Muck said that means county our size lacks authority to address these issues.

With the conditional use matters, Muck said he has talked to Hauge.

Muck said, the county has a conditional use ordinance that does not oppose any performance standards except special regulations. The ordinance requires people to conduct business in accordance with regulations administered by the Illinois Department of Natural Resources.

Though board member Bob Sanders understood Muck’s points, Sanders said as a board, they must cover the county.
 

After feeling like he has been vilified, Muck said he is ready to get this done. Muck said the project will offer financial security, tax money and needed materials to the county.

While Nelson understood some of Muck’s frustration, Nelson said he did not feel ready to vote on the conditions and would rather they go back committee.

As far as the conditions, Schaffenacker asked Aukamp if he had any issues.

A concern Aukamp had was about safety issues on Fifth Street as materials are hauled. He also feels issues need to be worked out with township roads.

Before the board voted, Hauge said he did not want them to make a decision based on feeling pressured. The county’s vote does support the authority to regulate zoning for the purposes of public health, safety, comfort and general welfare.
 

If conditions relate to those factors, Hauge said that is what should be considered.

Several times since last summer, Hepler has communicated with Hauge about the project. Hepler said Muck has also been communicating with Hauge. Hepler feels they have communicated well and put forth great effort and transparency.

The motion Nelson made to send conditions back to committee failed.

Something Leesman did not see in the conditions was a reclamation plan. The finding Leesman felt this plan would be tied to was about the use not being substantially injurious to those in the immediate vicinity.

One thing Leesman wants to make sure of is that everything is cleaned up when the mining is complete.

A reclamation plan is something Muck said IDNR already requires. He recommended those who had questions about it contact IDNR. Muck did not object to preparing a reclamation plan though.

To board member Jim Wessbecher, the plan could keep developers from walking away.

After discussing the reclamation plan, Leesman made the following amendment:
To accept the suggested operational conditions/terms for ARCH/MUCK/SCHARF M-3 conditional use approval including a condition that the Zoning Board of Appeals report to provide a written reclamation plan as outlined in the Surfaced-mined Land Conservation and Reclamation Act. The plan will directly address a reclamation plan to be implemented in rolling fashion at the conclusion of each mined area.

The amendment passed 8-4.
Emily Davenport, Janet Estill, David Hepler, Keenan Leesman, Dale Nelson, Bob Sanders, Annette Welch and Jim Wessbecher voted yes.

David Blankenship, Bob Farmer, Steve Jenness and Scott Schaffenacker voted no.

The motion to accept suggested operational conditions/terms for ARCH/MUCK/SCHARF M-3 conditional use approval passed 7 - 5.

David Blankenship, Emily Davenport, Janet Estill, David Hepler, Keenan Leesman, Scott Schaffenacker and Annette Welch voted yes.

Bob Farmer, Steve Jenness, Dale Nelson, Bob Sanders and Jim Wessbecher voted no.

[Angela Reiners]