Date:      12/5/02

To:          Town Planning Commission Members

From:     Community Development Department Staff

RE:          Agenda Item 4: Conditional Use Permit – NE Asphalt

NE Asphalt has requested a CUP in order to expand their existing quarry, which is located off of Cold Spring Rd. A CUP is required for all new quarries or the extension of an existing one. The remaining Town quarries (e.g. Michels Materials, MCC) were all established before the adoption of the zoning ordinance and therefore, did not ever receive a CUP. Property owners within 300 ft. have been notified of the CUP request.

In August 2002, the Town Bd. approved a Certified Survey Map that adjusted the property lines, creating two new lots, for parcels owned by NE Asphalt and WE Energies. NE Asphalt is then acquiring a portion of property from WE Energies as part of the CSM. This new portion is proposed for quarry operation and therefore, Winnebago County is requiring a CUP for new mineral extraction. As a side note, the property formally owned by WE Energies was zoned R-5 (Planned Residential) and the new Lot 2 will have to be rezoned to M-2 since there must be one uniform zoning for a parcel (the existing property owned by NE Asphalt was already properly zoned M-2 for a quarry operation).

The Town of Menasha is the regulatory agency, under NR 135.18(1), that is permitting nonmetallic mining sites and also reviewing and approving reclamation plans. In August 2001, NE Asphalt received an automatic permit to continue its mining operation. As required by the Town’s nonmetallic mining ordinance, NE Asphalt had to submit a reclamation plan by August 1, 2002. The Town has received a reclamation plan (attached in packet) and the most recent revised plan now includes the new portion that was acquired from WE Energies. As you can see, the reclamation plans calls for the majority of the site to have a freshwater pond with some development area around the perimeter to be used for a future industrial use. Town staff is still reviewing this plan in order to see if a large pond would be a justifiable reuse for the site.

Section 17.19 of the Town/County Zoning Ordinance specifies the requirements for new mines or of the expansion of an existing one. The standards of operations provisions include: 1) Air quality emissions administered by the DNR; 2) Roads, machinery, & equipment must be located and constructed to minimize noise, dust, and vibrations; 3) No operations before 6 a.m., Monday through Saturday, or continue past 6 p.m., Mon. through Fri. or 2 p.m. on Sat. where any residence or commercial establishment open to the public is within 500 ft. of the exterior boundary of the site; 4) No operations within 50 ft. of the exterior boundary. The only standard that the proposed quarry expansion will not comply with is the 50 ft. setback standard. Therefore, a variance is required and the applicant has applied for one. The variance details are specified under the next agenda item.

The zoning ordinance section on mineral extraction used to detail the requirements for the reclamation plan, including the financial assurance. In September 2002, the Plan Commission and Town Board recommended approval to a number of text amendments for the zoning ordinance. These amendments were then adopted by Winnebago County in October 2002. One amendment involved deleting portions of the mineral extraction section that dealt with the reclamation plan details since the DNR now had its own separate model nonmetallic mining ordinance. The Town of Menasha then adopted its own ordinance based on this DNR model. Therefore, the applicant is required to comply with the Town’s nonmetallic mining ordinance requirements for the reclamation plan, including the financial assurance.

Staff Recommendation

Staff recommends approval of the CUP, with the following conditions:

1.       The applicant must adhere to the standards specified under 17.19(3) Mineral Extractions of the Town/County Zoning Ordinance. These standards include: complying with DNR air quality emissions; the remediation of noise, dust, & vibration with roads, machinery and equipment; complying with specified hour of operations; and setback requirements to the exterior boundary lines.

2.       The applicant must comply with all of the other guidelines as specified by 17.19 Mineral Extraction Provisions.

3.       The applicant must submit a final reclamation plan that meets the guidelines as specified by Town Ordinance Chapter 29, Nonmetallic Mining Reclamation.