McHenry County Zoning Board of Appeals and Hearing Officer met April 19.

By Lhalie Castillo

Jun 29, 2018

Here is the minutes provided by the Board:

1. Petitioner

Burgett North, LLC and Thelen Sand & Gravel Inc.

2. Request:

Renewal of Conditional Use Permit #08-28 to allow for Earth Extraction/ Mining on the property in question.

3. Location And Size Of Property In Question:

The subject property consists of approximately 172.86 acres and is located at the northwest corner of the intersection of Lange Road and Burgett Road in Hebron Township, Illinois.

4. Date And Time Of Hearing

April 19, 2018 @ 1:30 pm

5. Date And Time Of Voting Meeting

May 17, 2018 @ 1:30 pm

6. Location Of Hearing And Voting Meeting:

McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois, 60098, Administration Building, 667 Ware Road, Conference Room A (hearing) and Conference Room C (voting meeting)

7. Present At Hearing:

A. ZBA Members: Richard Kelly, Jr., David Stone, Charles Eldredge (not present for vote), Vicki Gartner, Elizabeth Scherer, Matthew Hansel, Linnea Kooistra

B. Witnesses: Dan Shepherd, Todd Richards, Tom Miles, Vince Mosca

C. Attorney: Thomas Zanck

D. Public: Kim Kolner - County Staff, Dan Schaid, Tom Arndt

8. Items Of Evidence:

Site Plans, Hebron Township Road District agreement, Aerial photograph, Protection Plans

9. Summary Of Testimony At Hearing

Chairman Kelly called the meeting to order and stated that the Petitioners were before the Board requesting Renewal of Conditional Use Permit #08-28 to allow for Earth Extraction/Mining on the property in question.

Thomas Zanck, attorney for the Petitioners, stated that the gravel pit commenced operations in 2001 and was renewed in 2008, and which will be expiring. He noted that they are not proposing any additional property to be added to the site. He explained that they are asking for an additional 10 years for the Conditional Use, but it is likely that the mining would not yet be completed in those 10 years.

Dan Shepherd was called as the first witness. Mr. Shepherd stated that he is the Executive Vice President of Thelen Sand and Gravel and that they have retained H.R. Green to update the engineering operation plan and reclamation plan for the site. Plans for the site were submitted as Group Exhibit No. 1. With respect to Sheet C2 of the Group Exhibit, Mr. Shepherd pointed out that the northwest corner of the site is currently being mined, and they will be moving to the northeast section next. The remaining portions of the property are currently used for agriculture.

Mr. Shepherd stated that the property to the east, south and west of the subject property is zoned A-1 in McHenry County, and the property to the north is zoned for farming with zoning permission to mine it, in the State of Wisconsin. He noted that all mining activities are on the Illinois side, while the processing, scaling, and other operations are on the Wisconsin side of the parcel. Mr. Shepherd pointed out that all of the surrounding uses are agricultural, except for a couple of small residential sites, one of them contained within the subject property.

Mr. Zanck indicated that the EcoCAT report that was submitted raised concerns regarding Blanding's turtles, rusty-patched bumblebees, and migratory birds. Mr. Shepherd stated that Vince Mosca, with Hey and Associates, would be able to address how these issues raised by Illinois Department of Natural Resources would be managed.

Mr. Shepherd stated that Thelen Sand and Gravel has been engaged in mining at this location for a little over 12 years. He indicated that a traffic study has been performed and was submitted to the Staff Plat Review Committee. The site plan review was held before the Committee prior to the hearing, and the site plan was approved.

Mr. Shepherd also noted that Tom Miles would be addressing concerns relating to aquifer contamination potential. He indicated that they are required to have monitoring wells located around the property that get tested every quarter to maintain water quality and levels. He addressed the Approval Standards for Conditional Use, noting that the use would not diminish property values within the area. Mr. Shepherd explained that they have had several conversations with the Hebron Township Highway Commissioner prior to the hearing, and an agreement had been amended with respect to the care and maintenance of Lange Road.

Describing the operations on site, Mr. Shepherd stated that all of the material is conveyed through the processing plant from the Illinois side to the Wisconsin side. Everything is processed, cleaned, washed, and then weighed on the Wisconsin side, where it then leaves the site onto Lange Road. This request pertains only to the mining aspect of the facility. Mr. Shepherd noted that they extract and remove approximately 100,000 cubic yards per year from this facility, so it is not considered high production currently.

Chairman Kelly asked if the 16 cells shown on the operations plan are left to mine. Mr. Shepherd explained that there is not a lot left in Cell 1, and Cell 2 has been partially mined. He noted that they typically mine each cell for a year because they don’t want to strip a parcel of overburden and leave it unmined.

Steve Schaid questioned the proposed driveway off of Lange Road, and Mr. Shepherd explained that it is an emergency access point. Mr. Schaid indicated that no driveways were to be added to the site, per the original Conditional Use in 2001. Mr. Shepherd stated that their agreement with Hebron Township, the access point has been approved. The agreement with Hebron Township Road District was submitted as Exhibit No. 2.

Todd Richards was called as the next witness. Mr. Richards stated that he is a Civil Engineer with H.R. Green. He explained that they have prepared a complete set of documents for the petition, including an existing conditions plan, operations plan, reclamation plan, and cross sections. Referencing the existing conditions plan, Mr. Richards stated that the subject property consists of rolling topography. He indicated that the majority of the site is agriculture currently, with the existing mining taking place in the northwest corner. He pointed out that there is a farmstead in the southwest corner and another home at the southeast corner of the property, which is not a part of the subject property.

Referencing the operations plan, Mr. Richards described the sequencing of the mining operation. He explained that mining has taken place in Cell 1 and Cell 2 and is started in Cell 13. He stated that the order of mining sequence was modified due to the proposed berm, and that they are to be created as the mining operation gets within 1,000 feet of the public roadway. Mr. Richards pointed out that, after Cell 13, the mining operations will go back to chronological order, beginning with Cell 3 at the north end of the property.

With regard to the Reclamation Plan, Mr. Richards stated that the idea is that the slop of the ground would be draining down towards the lake, which would have an approximate water level of around 867. Along the water’s edge, they plan to use a wetland mix, rather than just turf seed and to create a 10:1 slope with a safety shelf. Mr. Richards noted that the water depth is anticipate to be roughly 30 feet, depending on the minerals found and how deep the excavation has gone.

Tom Miles was called as the next witness. Mr. Miles stated that he is the President of Infill Land Consulting, which is a civil engineering design firm. Referencing Exhibit No. 3, an aerial photograph of the property, he explained that there are three monitoring wells on site, one upstream and two downstream, which are tested and monitored annually, and one of them is tested and monitored quarterly. He mentioned that L.F. Green takes samples for testing. Mr. Miles pointed out that the monitoring well at the northwest corner of the property has additional testing done for nitrate and nitrite levels, but he does not believe there has been any exceedance of the requirements for those levels. He noted that the other purpose of the monitoring wells is to make sure the aquifer is not contaminated, and there has not been evidence of that occurring during the time of Thelen’s operations.

Matthew Hansel asked what permits are required for gravel pits. Mr. Miles explained that they have an air permit from Illinois Environmental Protection Agency (IEPA), which monitors dust and other particles that could go into the air. Each year, a consultant is hired to do calculations and ensure that they do not exceed the allowable emittance. Mr. Miles stated that they also have a mine-related water pollution control permit from the IEPA that regulates all of the stormwater for the site. He noted that they are not required to obtain a mining permit from Illinois Department of Natural Resources (IDNR) because they have less than 10 acres of disturbed area per year. Elizabeth Scherer asked about the depth of private and municipal wells in the area. Mr. Miles was unsure, but noted that they get a report from the Illinois State Geological Survey (ISGS) for every private well within 2 miles and every public water supply well within 10 miles, and that information is submitted as part of the mine-related pollution control permit.

Vince Mosca was called as the next witness. He stated that he is senior ecologist and one of the vice presidents of Hey and Associates, an environmental consulting firm specializing in ecological restoration, wetlands, and water resource management. Mr. Mosca indicated that an EcoCAT consultation was requested of IDNR, and concerns were raised regarding bumblebees, Blanding’s turtles, and migratory birds. He explained that, regarding the turtles, they have written a narrative protection plan which has some operations for the mine itself, education of the employees, and a handout to help identify turtles in the area. Mr. Mosca noted that the habitat for the turtles was probably created by the pit, as opposed to them having been there previously, wince there was no natural wetland on site. He stated that there have been discussions with the Conservation District and Hackmatack National Wildlife Refuge about making the reclamation plan long-term and more turtle and migratory breeding bird friendly, but that would be 10 to 20 years from now. Mr. Zanck noted that a copy of the Blanding’s turtle protection plan could be provided to the Zoning Board at the voting meeting.

In response to rusty patch bumblebee concerns, Mr. Mosca stated that the Petitioner would be open to planting native prairie on the new berms, if it complies with the Ordinance, but his understanding is that the berms are required to be mowed. The concern about migratory birds, he mentioned, would be addressed by providing a habitat by the water.

Staff indicated that there have not been any violation records on the subject property, nor has there been any building permit records. They noted that they have not received any notice of water testing levels being outside of the standard from the Health Department. Staff had no concerns with regard to the request and recommended approval, pending appropriate conditions. Chairman Kelly pointed out that the plan shows haul entrances on the Wisconsin side of operations only, and asked if it would be a substantial change to the operations plan if they changed the location of the haul road. Staff explained that it would be a significant change that would require, at a minimum, site plan review, and possibly a new zoning application and hearing.

Tom Arndt asked when the proposed berms are going to be started around the site. Mr. Shepherd explained that they would be constructed and vegetated once mining activity is within a thousand feet of that berm. Mr. Arndt also asked about a silt fence requirement. Staff indicated that the Petitioners would be required to obtain a stormwater management permit, which would regulate the berm construction, and which may include a silt fence, until the vegetation has been established.

10. Soil And Water Conservation District Report

For further information refer to report number: 18-008-4114

11. Illinois Department Of Natural Resources

The consultation was received, and the IDNR noted concerns relating to Blanding's turtles, migratory birds, and rusty-patched bumblebees, which were addressed during the hearing.

12. Summary Of Voting Meeting Discussion

Chairman Kelly called the meeting to order and stated that there were ten proposed conditions:

1) The operations, bonds, reclamation, groundwater monitoring, and enforcement shall be regulated by the provisions outlined in Section 14.3.P of the McHenry County Unified Development Ordinance.

2) The site development of the property in question shall be in substantial conformance with the Site Plan approved by the Site Plan Review Committee and submitted as Group Exhibit No. 1.

3) The operations, bonds, reclamation, groundwater monitoring, and enforcement shall be regulated by the provisions outlined in Section 14.3.P of the McHenry County Unified Development Ordinance.

4) The owner is required to submit a bond or other acceptable form of surety for 150% of the engineer’s estimate of the cost of reclamation per acre average, but no less than $2,500 for each acre affected, per Section 14.3.P.5 of the McHenry County Unified Development Ordinance.

5) Access to Burgett Road for activities in connection to this earth extraction operation shall be prohibited.

6) The following operations shall be prohibited and not conducted in conjunction with the extraction of earth materials on the premises without amendment to this Conditional Use Permit:

a. Asphalt batching;

b. Concrete recycling;

c. Ready mix concrete plant; and

d. Storage of chemicals and/or petroleum products on the premises.

7) The owner/operator shall maintain a setback of 100 feet from the McHenry County Natural Area Inventory side - Hidden Marsh. Said setback shall be maintained with native plant species.

8) The owner/operator shall implement and follow the Protection Plans prepared by Hey and Associates Inc. submitted as Group Exhibit No. 3 dated May 2018, in regards to the endangered species Blanding’s turtles and rusty patched bumblebee.

9) The owner/operator shall explore possibilities for future coordination with the Friends of Hackmatack, U.S. Fish and Wildlife Service, and McHenry County Conservation District regarding final reclamation.

10) All other federal, state, and local laws shall be met.

Matthew Hansel made a motion to approve the proposed conditions. David Stone seconded the motion. The Board voted 6-0 to approve the conditions. Mr. Stone made a motion to recommend approval of the request, subject to the approved conditions. Mr. Hansel seconded the motion. Mr. Stone stated that the Petitioner has been a good operator and good neighbor, and he was in support of the renewal. The other Board members agreed and were in favor of the request.

13. Facts That Support Recommending Approval Of The Request

1.) The Approval Standards for Conditional Use, listed in Section 5.4.E of the McHenry County Unified Development Ordinance have been met to the satisfaction of the Zoning Board of Appeals members.

2.) The business has been operating since 2001 without complaints from neighbors.

14. Facts That Support Recommending Denial Of The Request

None

15. Motion

Made by David Stone, seconded by Matthew Hansel to recommend approval of the request for Renewal of Conditional Use Permit #08-28 to allow for Earth Extraction/ Mining on the property in question, subject to the following conditions:

1) The Conditional Use shall expire ten (10) years from the date of approval by the McHenry County Board, or sooner, as outlined in Section 5.4.H (Expiration of Approved Conditional Use Permits) of the Unified Development Ordinance.

2) The site development of the property in question shall be in substantial conformance with the Site Plan approved by the Site Plan Review Committee and submitted as Group Exhibit No. 1.

3) The operations, bonds, reclamation, groundwater monitoring, and enforcement shall be regulated by the provisions outlined in Section 14.3.P of the McHenry County Unified Development Ordinance.

5) Access to Burgett Road for activities in connection to this earth extraction operation shall be prohibited.

6) The following operations shall be prohibited and not conducted in conjunction with the extraction of earth materials on the premises without amendment to this Conditional Use Permit:

a. Asphalt batching;

b. Concrete recycling;

c. Ready mix concrete plant; and

d. Storage of chemicals and/or petroleum products on the premises.

7) The owner/operator shall maintain a setback of 100 feet from the McHenry County Natural Area Inventory side - Hidden Marsh. Said setback shall be maintained with native plant species.

10) All other federal, state, and local laws shall be met.

16. Vote

6 - Ayes; 0 - Nays; 0 - Abstain

Matthew Hansel - Aye

Elizabeth Scherer - Aye

Linnea Kooistra - Aye

David Stone - Aye

Vicki Gartner - Aye

Richard Kelly – Aye

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3950&Inline=True

ORGANIZATIONS IN THIS STORY

McHenry County Zoning Board of Appeals and Hearing Officer