03 - Conditional Use Permit for an Extrative Use - Bauerly Brothers

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2. The applicant has supplied the required information including a site plan and a completion plan, and has indicated that Wild Acres Road will serve as the primary haul route. 3. The applicant has proposed to excavate a 3.0±portion of the property.This excavation area is more than 50 feet from all property lines.The edge of the proposed berm around the area to be excavated is 8o feet from the western property line at its closest point. 4. The proposed excavation area is more than 50 feet from the right-of-way of Wild Acres Road,being approximately 530 feet from the right-of-way. 5. The applicant has not indicated what type of fencing, if any, will be erected around the excavation site. The applicant has proposed to use vegetated berms and stockpiles as a means of screening of the excavation site and associated machinery. 6. The applicant has proposed that haul roads and site entrances will be regularly watered to control dust,indicating that calcium chloride will be placed if necessary.The applicant has obtained a Nonmetallic Mineral Processing Air Emission General Permit that limits the production of air emissions and sets conditions for operation. The applicant has — indicated that all equipment to be used has been tested and meets EPA noise level requirements. 7. The processing area is more than 1200 feet from the nearest residence, located on a property to the west of this property.There is also a residence on the property to the east .., that is approximately 190o feet from the excavation area.The nearest lake, Island Lake to the north,is more than 3,000 feet from the processing area,and the nearest stream is more than one mile to the north of the site. The processing area is also more than one _ mile outside of the wellhead protection area. 8. Excavation will not occur at a water-producing depth as approximately 12 to 15 feet from the existing elevation will be excavated. The applicant has indicated that drilling of 20 feet in depth did not encounter groundwater and proposes that excavation activities will — maintain not less than five(5)feet of distance between the excavation base and the water table. 9. Stormwater drainage and management will occur on the site with little change in _ drainage patterns over the majority of the site. Stormwater in the excavation area will drain to the base of the excavation area and be maintained therein and it does not appear likely that stormwater would drain from that area as that area will be approximately 4 to 24 feet lower than the surrounding area. — 10. The applicant has proposed that stormwater above the edge of the extraction area will be maintained with vegetative berms and proposes to install silt fences to control erosion where no natural grass waterways exist to filter water that could potentially leave the — site, if needed. The applicant has obtained a National Pollution Discharge and Elimination Systems (NPDES) permit that provides limitations and controls for stormwater management. 11. The applicant has submitted a restoration plan for the extraction area,indicating that the — topsoil that will be stored as berms during excavation will be spread at a depth of 3 to 4 inches over the site after sloping has been completed. The Ordinance requires a minimum of 4 inches of black topsoil be placed on all areas. _ 12. The applicant has proposed to re-seed the excavation area with a pasture mix, which is similar to what currently exists in the area. 13. The applicant has proposed to restore the excavation area with slopes having a grade of — approximately 32%at the steepest area. 14. The proposed extractive use is an appropriate use in the Agriculture zone;extractive uses are listed as conditional uses in the Agriculture zone. _ 15. The Comprehensive Plan identifies the intersection and County on of Wild Acres II! Highway 16 as being in need of realignment to meet City Road Standards and in need of a maintenance agreement with Jenkins Township. Wild Acres Road is currently being used as a haul route for other excavation operations in the area. The applicant has — Bauer y Bros.,Inc Special Meeting 4 September 7,2005