REGULAR MEETING – MAY 12, 2010
MEETING ROOM – 7:00 P.M.
Meeting called to order by Chairperson Kubicek.
Present: Kubicek, Borucki, Blair, Bredin,
Absent: None
Also present: Jim Foulds, CPS
No public comments about non agenda items.
Minutes of previous meeting were approved.
Blair gave report from Township Board.
STOVER SPECIAL USE PERMIT:
Ben Fruchey, a Hydro geologist and Attorney for the applicant, discussed his letter to the Commission referencing the Section 8.1.3 General SUP Standards that the Commission must review in determine if the SUP proposed should be approved.
Foulds discussed the issues included in the email received from the Eaton County Road Commission (ECRC). These included the road access and Class B load restrictions on Nixon, Billwood and Davis, bond requirements for road repair, and driveway construction.
James Mauer 7170 Oak Hwy discussed the road construction of Oak Highway.
Mr. McLean stated that a bond would not be required until September when Billwood construction is completed.
Foulds discussed his recommendations that the specific standards in Section 8.6.3.7 (a&b) extraction operations requirements be applied in the Commission's review, and that the other agencies' comments be reviewed before Commission decision on the SUP. The DNRE Pre-Application conference results will allow the Commission to know what permits will be required.
His updated staff report to the PC includes the following conditions that should be required: DNRE approval, noise and dust control plan submission, water table and well impact (PC can require expert on water issues), requirement for final site plan as complete plan was not provided, and financial guarantees. Any infill activities would be an amendment requiring a new public hearing.
Jane Love 7796 Nixon asked that the Commission require a reclamation bond.
Michael Atayan, Eaton County Drain Commissioner, commented that road access and maintenance issues would be handled by the ECRC, noise and dust impacts by the Drain Commission (DC). He may require a tire wash if mud is in the road.
DC is also responsible for environmental issues under the Federal Cleanwater legislation. Pumping, haul route, and driveway drainage may be an issue. DC will follow the lead of DNRE and review their findings on the requirements, after which DC will expedite its review. Applicant can amend to add infill. Atayan said that applicant should keep manifest of loads brought in to monitor fill.
Kubicek asked what requirements DC needs for its review.
Atayan said that documents that Foulds is recommending would also work for DC review.
Stover stated that he will submit complete site plan if required.
Kubicek asked Stover about de watering.
Stover stated that the first pond he got SUP for he did not pump. He thought that the water levels were lowered due to the Thornapple drain cleaning project.
Shannon Biergans on Oak Hwy asked if there was pumping on the second pond dug on Stover's property. She commented on changing water levels on her wetlands.
Stover replied that there was pumping.
Wendy Peters expressed concern for her grandchildren if fencing is not required.
Lynn Hamilton 7200 Oak Hwy questioned if the project could start before the road bonding in September.
Kubicek said that the ECRC requirements would need to be met.
Fruchey stated that the recommendations from the DNRE will only be given if permits are required. Farmlands do not require permits under Part 303, and also not under Part 301 if the navigation of the body of water is not violated. Water table drop may not require an expert opinion and fill for reclamation may not be necessary.
Gerald Phillips 7600 Nixon stated his concern that the removal of sand, which acts as a filter for the water table, will change the water quality.
Atayan said that the DC cannot make a determination without review of the complete plan. He requested that the site plan include fill if it is wanted. The DC may require a deposit or surety bond.
Gerald Phillips 7600 Nixon asked if truck noise including use of Jake brake can be restricted.
Atayan said that DC has no noise authority but that the PC can restrict hours of operation.
Pat Phillips 7600 Nixon asked that surrounding residences be shown on the site plan so that Commission can see their proximity. She called the Health Department who told her that the possibility of the lack of filtering of the water by the sand changing the water quality was not their issue. She wondered why no road bond requirements until September.
Kubicek responded that each road would be separately bonded so that other roads if required by ECRC to be bonded would be.
Atayan invited the public to stop by DC office and review other projects in the County similar to proposed.
by Stover.
Jane Love 7796 Nixon
Stover discussed the history of the areas gravel mining operations. The Billwood reconstruction is due to the GM plant. He discussed problems with access on to Billwood if it was used rather than Nixon. These included issues with the ditches and Consumers Energy right of way. He said that he would look into using the existing access road from the second pond on to Nixon, which would move the truck traffic further south away from residents' driveways on to Nixon.
Borucki moved and Johnson seconded to table the Stover SUP for 30 days so that additional information can be obtained including:
A review and analysis from the Eaton County Drain Commissioner's Office regarding the drainage plan, and the soil and sedimentation controls for the proposed site and any other issues.
The provision by the applicant of the results of the Pre-Application meeting with the Land and Water Management Division (DNRE) to identify the number and extent of the permits required.
The submission by the applicant of a noise and dust control plan for the proposed excavation site.
The submission by the applicant of a qualified professional evaluation of the impact of the excavation on the offsite water table (private water wells).
Submission of a final site plan document which meets the requirements of Section 6.8 (d) of the Windsor Charter Township Zoning Ordinance and which address the requirements of Section 8.6.3 (7)(b) (Site Development Requirements).
Carried unanimously.
Public Comments – None.
Carried unanimously. Adjourned at 8:45 P.M.
Daniel Blair, Secretary