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HomeMy WebLinkAboutOrdinances - ORD-18-1921 - 12/17/2018 - Granting an extension of a CUP for South Side Meyer MaterialCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1921 An Ordinance granting an extension of a Conditional Use Permit for the operation of a Commercial Sand and Gravel Business on the South Side of Illinois Route 120 in the City of McHenry, McHenry County, Illinois Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 17, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th day of December 2018. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 ORDINANCE NO 18- i q a i AN ORDINANCE GRANTING AN EXTENSION OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A COMMERCIAL SAND AND GRAVEL BUSINESS ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the Subject Property constitutes territory which is subject to terms of prior annexation agreements as follows: 1. Ordinance No 77-122 annexing Parcel B ("Parcel B Annexation Agreement"). 2. Annexation Agreement dated May 4, 1988 ("Parcel C Annexation Agreement"). 3. Annexation Agreements dated October 3, 1991, September 2, 1992 and May 29, 1996 ("Parcel D Annexation Agreements"). 4. Annexation Agreement dated April 22, 1998 ("Parcel E Annexation Agreement") The Annexation Agreements referenced in subparagraphs 1-4, above, and any other annexation agreements relating to the Subject Property, shall be referred to herein as "Prior Annexation Agreements" and to the extent that the terms of this Amendment conflict with, relate to or supplement the Prior Annexation Agreements, the terms of this Amendment shall control. WHEREAS, the Subject Property, defined below, has conditional uses applied to it as follows: 1. Ordinance Nos. 76-93 and 76-94 annexed Parcel A, classified it as I-1, Heavy Industrial and granted a special use for gravel operations and production of concrete and asphalt with no term limit ("Parcel A Conditional Use"). 2. Ordinance No. 88-454 classified Parcel B as RS-1, Single -Family Residential with A-M, Agricultural & Mining Overlay District, and granted a conditional use for gravel operations (no concrete/asphalt) for two 10-year terms, until May 4, 2008 ("Parcel B Conditional Use"). 3. Ordinance No. 88-452 and 88-453 annexed Parcel C and classified it as RS-1, Single - Family Residential with A-M, Agricultural & Mining Overlay District, and granted a conditional use for gravel operations (except northwest 40 acres) with for two 10-year terms, until May 4, 2008 ("Parcel C Conditional Use"). Meyer Material Conditional Use, Page 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 4. Ordinance Nos. 90-560 and 561 annexed Parcel D, classified it as RS-1 Single Family residential with an A-M Agricultural/Mining overlay District, and granted a conditional use for gravel operations for two 10-year terms, and provided for mining fees, until May 4, 2008 ("Parcel D Conditional Use"). S. Ordinance Nos. 98-865, 98-866 and 98-867 annexed Parcel E, classified it as RS-1, Single -Family Residential with A-M, Agricultural & Mining Overlay District, and granted a conditional use for gravel operations (no concrete/asphalt) for two 10-year terms, until May 4, 2018 and extending the term of conditional uses relating to Parcels B, C and D through May 4, 2018 ("Parcel E Conditional Use"). WHEREAS, the Parcel B-E conditional uses referenced in paragraphs 1-4 immediately above, and any other conditional uses applicable to the Subject Property, shall be referred to herein as "'Prior Conditional Uses' or `Prior Conditional Use"'. Parcels B through E are generally depicted on the attached "Exhibit A". WHEREAS, the Prior Conditional Use expiration date of May 4, 2018 was extended to December 18, 2018, by way of various 2018 Tolling Agreements signed by Meyer and the City, to allow the Meyer and the City to negotiate the terms of this amended conditional use and amendment to the Prior Annexation Agreements. WHEREAS, the Prior Conditional Uses include obligations, agreements and conditions imposed on the City, Property Owner and Meyer, collectively referred to as "Prior Conditional Use Obligations" shall continue to be in full force and effect, except to the extent of the subject matter addressed herein is supplemental thereto or inconsistent therewith. WHEREAS, a petition has been filed by Meyer Material Company LLC, 7001 South Illinois Route 31, South Elgin, IL 60177, as sole beneficiary with power of direction under Chicago Title Land Trust No. 53278 ("Property Owner" or "Meyer") with the City, requesting 1) an extension of the term of the Prior Conditional Use Permit for the continued operation of commercial sand and gravel business for the property located on the south side of Illinois Route 120 in the City of McHenry, McHenry County, Illinois ("Subject Property"), the Subject Property legally described on "Exhibit B" attached hereto and incorporated herein; and 2) a variation from the ten (10) year time limit imposed by Article XIII Surface Mining, Section A.4 of the City Zoning Code for said Conditional Use Permits. WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 14, 2018 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission recommended to the City Council the granting of the requested relief by a vote of (5-1); and WHEREAS, Meyer has withdrawn its petition for variation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: Meyer Material Conditional Use, Page 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 SECTION 1: All of the Prior Conditional Uses and Prior Conditional Use Obligations are fully restated and incorporated herein by reference, as if specifically provided for herein except, to the extent that the terms of this Ordinance conflict with, relate to or supplement the Prior Conditional Uses, the terms of this Ordinance shall control. More specifically, 1) no royalty or annexation fee provisions set forth in the Prior Annexation Agreements or Prior Conditional Uses shall be applicable to the Property; 2) the provisions of Ordinance number 0-96-786 and the May 29,1996 Second Amendment to Annexation agreement relating to the Wash Plant are superseded and replaced by the provisions of this Ordinance and the related Amendment to the South Meyer Material Annexation Agreement; and nothing herein shall negate the I-1 and special use zoning classification previously granted to Parcel A under the terms of that certain annexation agreement dated December 20,1976 and Ordinance number 0-93 a/k/a Ordinance number 76-93. SECTION 2: That the Subject Property be granted approval of a term extension of the Prior Conditional Use term limit from May 4, 2018, as tolled in the above referenced Tolling Agreements, as follows and subject to compliance with the following conditions: 1. Term Extension and Completion Deadlines. The Prior Conditional Use term limit is hereby extended from May 4, 2018 to no later than June 30, 2028, subject to earlier completion of the following mining operations: a. All dry bank (above ground level) mining operations, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed; and the primary/field crusher, which is the largest contributor of noise to the neighboring property owners, shall be removed from the Subject Property, no later than December 31, 2024 ("Dry Bank Mining Operations). However, the City acknowledges that the floor of the mining operations will be excavated after December 31, 2024, in accordance with the Mining Plans (as defined below) to reach the wet mining operations, ("Floor Material"), but Meyer agrees that no primary/field crusher will be operated during the Floor Material process. Cell boundaries within the Mining Plans (as defined below) are approximate and, accordingly, working over an adjacent boundary into cells B, C & D prior to reaching them in the sequence shall not require prior City approval and does not constitute a violation. Provided, however, encroachment into Cell E from adjacent cells is not allowed b. All wet (below water/below ground level) mining operations, as depicted and designated on the Mining Plans (as defined below) shall be fully and finally completed no later than December 31, 2026 ("Wet Mining Operations"). c. Reclamation of that part of Parcel A depicted and designated on the Mining Plans (as defined below) shall be fully and finally completed no later than December 31, 2021. Meyer Material Conditional Use, Page 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 d. The haul road designated, depicted and specified on the Mining Plans (as defined below) shall be closed off no later than the applicable completion date in Section 1 f, below. e. All reclamation, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed no later than December 31, 2026. f. If, on or before December 31, 2022, the conditional use permit under City Ordinance Number 02-1121 is not extended past December 31, 2024, then the final berm removal and restoration, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed no later than June 30, 2028. However, if on or before December 31, 2022, the conditional use permit under City Ordinance Number 02-1121 is extended past December 31, 2024, the final berm removal and restoration, as depicted and designated on the Mining Plans (as defined below), shall be fully and finally completed no later than eighteen (18) months after completion of the Northside Mining Activities, as contemplated in the applicable ordinance or annexation agreement relating to the Northside Mining Activities. g. Meyer reserves the right to file suit in the future with regard to any cause of action it may have relating to a wrongful denial of the extension of Ordinance Number 02-1121 relating to the Meyer Northside Mining Activities. Provided, however, this reservation by Meyer is not to be used to construe or interpret any provision of this Ordinance. 2. Fees. a. Meyer shall annually pay to the City, during the term of this Amendment, the following fees: • Before February 28, 2019 $300,000 • No later than May 1, 2019 $200,000 • No later than May 1, 2020 $200,000 • $175,000 no later than May 1 of each year 2021-2024 $700,000 • No later than May 1, 2025 $125,000 • No later than May 1, 2026 $ 75,000 Total to be paid to the City $1,600,000 b. In the event Meyer fails to meet the Dry Bank Mining Operations deadline, specified in section 1a, above, Meyer shall pay to the City the following additional lump sums (without proration) until all Dry Bank Mining Operations are fully completed: Meyer Material Conditional Use, Page 4 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 i. $20,000 if not completed on or before December 31, 2024, payable no later than January 15, 2025; ii. $35,000 if not completed on or before January 15, 2025, payable no later than January 31, 2025; iii. $40,000 if not completed on or before on January 31, 2025, payable no later than February 15, 2025; iv. $45,000 if not completed on or before on February 15, 2025, payable no later than February 28, 2025 and v. $100,000 if not completed on the 1st day of each month thereafter, payable no later than the 15th day of the that month. Payment of these additional fees shall not preclude the City from proceeding to suspend or terminate Meyer's mining activities. c. If the Wet Bank Mining Operations specified in section 1b, above, is not completed on or before December 31, 2026, there shall be due and payable from Meyer to the City the City the lump sum of $100,000 (without proration) due on the 1st day of each month thereafter, commencing on January 1, 2027, payable on the 15th day of that month, until all Wet Bank Mining Operations are completed. Payment of this fee shall not preclude the City from proceeding to suspend or terminate Meyer's mining activities. 3. Hours of Mining Operation. Excluding New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day, on which days there will be no field mining (extraction) operations conducted, mining operations shall be conducted only during the following days and hours: weekdays 7 a.m. - 7 p.m.; Saturdays 7 a.m. - 3 p.m.; Sundays closed. Loading and maintenance hours shall be from 5 a.m. to 8 p.m. 4. Reclamation Plans/Security. Revised and updated Narrative statement, Existing Conditions Plan, Operations Plan and Reclamation Plan (collectively, "Mining Plans"), dated December 14, 2018 have been prepared by Baxter & Woodman consulting engineers and are attached hereto as Exhibit C. These Mining Plans shall be further updated by Meyer, for review and approval by the City, no later than December 31 of each year, commencing 2019. Final approval or disapproval of the Updated Mining Plans shall be issued by the City no later than January 30 of each year. The Reclamation Pan and Operations Plan prepared by Associated Planners dated October 1987 including the specific responses to the City Zoning Standards are superseded and replaced by the provision of this Ordinance and related Amendment to the South Meyer Material Annexation Agreement. To secure Meyer's compliance with the Mining Plans, it shall, contemporaneously upon the adoption of this Ordinance, provide to the City the surety bond attached hereto as Exhibit D. Provided, however, no later than December 31, 2024, Meyer shall file with Meyer Material Conditional Use, Page 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 the City a clean irrevocable letter of credit issued by a financial institution, in a form, and including conditions of drawing funds all reasonably approved by the City Attorney. The amount of the letter of credit shall be equal to 100% of the estimate established by the City's consulting engineer of the cost at that time, to fully and finally reclaim the entire Subject Property pursuant to the then existing and City approved Mining Plans. At the same time of the submission of the required letter of credit, Meyer, or the then owner in title to the Subject Property, shall provide to the City, on a form reasonably approved by the City Attorney, a fully executed and recordable temporary easement over and on all of the un-reclaimed portions of the Subject Property along with necessary areas of on and over the Subject Property necessary to access the un-reclaimed portions of the Subject Property for the purpose of completing all remaining work required pursuant to the Mining Plans which may be undertaken by the City in its sole discretion and to be paid for out of the letter of credit funds. Upon submission of the required letter of credit, the City shall release the surety bond, Exhibit D. Any work performed by the City or its designees and paid for out of the letter of credit proceeds, shall not unreasonably disrupt the authorized mining activity of Meyer on the Northside of Rt.120. After Meyer has filed the letter of credit with the City, it may submit progress reports for its reclamation activities and request, not more often than semi-annually, a request to reduce the letter of credit for completed work supported by estimates approved by the City engineer. The city shall reduce the letter of credit following the City Engineer's approval. S. Noise. Noise generated within the Subject Property shall not violate the Illinois Administrative Code, Title 35: Environmental Protection: Subtitle H. Noise: Chapter 1: Pollution Control Board sections 900.101-900.103 ("Applicable Noise Regulations). To verify compliance with this noise restriction, no later than February 28, 2019, Meyer shall supply City with a new datalogger, and related materials, approved by Meyer and the City's consultant, Tom Thunder, to enable the City to periodically, at City's discretion, test the noise levels wherever and whenever it wants at the border of or otherwise outside of the Meyer property lines. All Meyer -owned vehicles and third -party stripping contractors shall use white noise back-up alarms, unless such use is proscribed by a State adopted law or regulation. All topsoil stripping and overburden work on future mining areas depicted on the Mining Plans shall only be performed before Memorial Day and after Labor Day. The primary/field crusher shall remain a minimum distance from residential property lines of 500 feet. In the event noise levels from the Subject Property are approaching maximum limits set by the Applicable Noise Regulations, and noise complaints continue to be received from the community, Meyer shall apply engineering noise controls, such as enclosures, barriers or mufflers of the offending equipment to alleviate the noise complaints. Meyer Material Conditional Use, Page 6 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 6. Dust. Visible emissions of particulate matter shall leave the property line in strict compliance with the regulations set forth in 35 Ill Adm Code 212.301-316 relating to Visible and Particulate Matter Emissions and more specifically, Subpart K: Fugitive Particulate Matter. In addition, dust generated within the Subject Property shall not be permitted to leave the Subject Property at levels higher than the Federal and State PM 10 and PM 2.5 National Ambient Air Quality Standards. To verify compliance with this dust restriction, no later than March 30, 2019, Meyer shall convey to the City a new or reasonably acceptable (to the City) recertified DustTrak DRX Monitoring device approved by the City's dust consultant to enable the City to periodically, at City's discretion, test the dust levels wherever and whenever it wants at the border of or otherwise outside of the Meyer property lines, excluding entrances and adjacent to perimeter berm activity. Provided, however, the City will not enforce the PM 10 and PM 2.5 Standards referenced herein in high winds in excess of 25 mph, as determined by a one -hour average or hourly recorded value at the nearest official station of the U.S. Weather Bureau or by wind speed instruments operated on the site. In cases where the duration of operations subject to this rule is less than one hour, wind speed may be averaged over the duration of the operations on the basis of on -site wind speed instrument measurements. 7. Groundwater. Groundwater passing through the Subject Property shall be monitored at two (2) on -site upgradient water wells, at locations depicted on the Existing Conditions Plan of the Mining Plans, and two (2) on -site down gradient provided by Meyer no later than May 31, 2019. The location and installation of the monitoring well sites shall be reasonably approved by the City's groundwater consultant to provide valid groundwater samples in accordance with accepted practice and applicable state, county and local guidelines. Such groundwater shall not be permitted to leave the Subject Property, as technically feasible, at water quality levels less than the limits for parameters set forth under the McHenry County Groundwater Ordinance for Earth Extraction Sites. Testing of the groundwater from these well sites shall be conducted quarterly commencing in May of 2019. The samples collected shall be analyzed by a laboratory approved by the City and the results should include QA/QC documentation, including testing data such as date of receipt of sample, condition of sample, proper preservation of sample, etc. The City shall be notified of the proposed sampling dates and times so they, or their representative, can be present through a representative, and collect duplicate samples, as the City deems necessary. All quarterly testing results and reports shall be delivered to the City Administrator for confirmation of compliance with the applicable standards. 8. Illinois Route 120. Illinois Route 120 at the entrance of the Subject Property shall be maintained by Meyer to remove loose gravel and material from the mining activity and reduce dust with water to prevent track out. The driveway and entrance areas to Illinois Route 120 shall be swept or vacuumed by Meyer not less than two (2) days per Meyer Material Conditional Use, Page 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 week and upon reasonable request by the City. In addition, at the weigh station signage will be clearly posted by Meyer requiring all trucks hauling materials to clean the truck sides and back of loose material to prevent spillage. Meyer employees shall inspect trucks leaving the Subject Property and notify drivers to clean loose gravel off their trucks as needed. 9. Annual Written Report, with maps/diagrams, to the City Council, copy on Website including the following information over the prior 12 months. a. Annual aerial photos (use of drone video) which include topographic contours at 2- foot contour intervals showing the mining Plan activities on the Subject Property and written and oral reporting/update to City Council no later than December 31 of each year. b. Annual written report to include an accurate representation of mining progress and compliance with the Mining Plans from year to year and forecasting for the same during the next 12-month reporting period. c. Equipment modifications and movement, previous year and next operating season. d. Inspections by any agency including City, attended by designated Meyer employee. e. Violations found to have existed, f. Complaints received. g. Fines issued. h. Groundwater monitoring performed/results. i. Required annual and quarterly reports, 10. No Violations. There are shall be no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. 11. Penalty for Violation of this Ordinance. a. Judicial Remedy. In the event that a complaint is filed with the City or the City initiates its own complaint for Meyer's violation of the terms of this Amendment, the complaint shall, in the exclusive discretion of the City be filed in the 22°d Judicial Circuit Court, McHenry County, Illinois or referred to the City Administrative Adjudication Process and the hearing officer or circuit court judge shall have specific authority under the terms of this Amendment, should a finding of a violation be made, of imposing fines against Meyer for an amount up to and including $1,000 per day for each day of the violation (unless the amount of the fine, fee or penalty is set forth more specifically elsewhere in this Ordinance for the alleged violation, which more specific section shall apply). Provided, however, prior to filing any such complaint in court or Meyer Material Conditional Use, Page 8 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 referral of any complaint to the Administrative law judge of the City, the City shall provide Meyer with a copy of the complaint and any follow up investigations performed by the City relating to the alleged violation, and provide Meyer with an opportunity to cure the alleged violation of not less than seven (7) days, and if the violation is found by the City Administrator to continue to allegedly exist thereafter, the matter may then be referred to the City Administrative Adjudication Process or circuit court. This opportunity to cure shall not be required for an alleged repeat violation of the same nature, which occurs within 180 days of a prior violation, the nature of which, is determined the City Administrator. In addition to imposing fines, the Circuit Court or Administrative law judge shall have the power to suspend or terminate the mining operations of Meyer, depending on the circumstances. b. Administrative Remedy. In addition, notwithstanding any other judicial remedies that might be available to the City, and in addition thereto, the City reserves the absolute right to suspend and/or revoke the conditional use referenced in this Ordinance accordance with applicable Illinois law. 12. Time is of the essence with regard to all completion deadlines stated herein. SECTION 3: In granting approval of said Conditional Use Permit, the City Council finds that, if the above referenced mining operations are conducted in accordance with the terms of this Ordinance, the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. Meyer Material Conditional Use, Page 9 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 4: All Prior Conditional Uses and provisions therein, or other Ordinances in conflict or inconsistent with the terms and provisions hereof, are hereby repealed to the extent of such conflict or inconsistency. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. �] VOTING AYE: fi 2' I_�,ILV� VOTING NAY: I ia� r��uf� �1" G� r? ICJ i- ll ` i �`: l l,'; w. < C, r. ` . t 4-1 i wE ; �, . I tr t y 1, ABSENT:, ABSTAIN: APPROVED: �/ ATTEST: s `' -! Mayor*dyne (tt Deputy City Clerk Debra Meadows PASSED: APPROVED: Meyer's Agreement with the Terms of this Ordinance The terms and conditions of this Ordinance are hereby agreed to and accepted by Meyer Material Company, LLC, 1300 South Illinois Route 31, South Elgin, IL 60177, as sole beneficiary with power of direction under Chicago Title Land Trust No. 53278 this 17th day of December, 2018. Meyehr�Materiat-Company, LLC By: r► I (J''c...-,�.� its 1 s . e1— Z:\M\McHenryCityof\MeyerMaterial\MeyerSouthSpUse121718.docx Meyer Material Conditional Use, Page 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 CERTIFICATION I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified deputy clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certq that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the � i` j 7 2018, the foregoing ordinance entitled An Ordinance Granting a Conditional Use Permit of r the Operation of a Commercial Sand and gravel Business on the south side of Illinois Route 120 in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of ordinance no. . including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the day of 2018, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. -+ V Given under my hand and seal this] day of,', 2018. Debra Meadows, Deputy City Clerk City of McHenry McHenry County, Illinois (Seal) Exhibit A to Meyer Material Conditional Use Ordinance . ©/997.�'ac��d/vl4p Pub/s,Tnc. 936�1363 Exhibit B to Meyer Material Conditional Use Ordinance t All those parts of Sections 28 and 29 in Township 45 North, Range 8 East of the Third Prindipal Meridian"bounded by a line described as follows, to -wit: Commencing at the point of intersection of the East line of the West'/ of S 28 with the North right of way line of Route 120; thence Northwesterly esterly along Northeasterly & North r' ht of way RotLte 12 point 58 aet West of the West line of the East'/ o e Nort�_f ection 2 nce South 1938.4,1 feet, thence act i et to the Sou e of the Northeast f of Section 29,57 to rseka n with est line of the East %z of the North ' a of See* h 55.94 feet, thence Easterly on line parallAto an t h South line of the Northeast'/a of Section 29 e of ast to the West line of lot 10 in Sherman Hill Industrial v I ortherly to the Northwest corner of Lot 10, thence Easterly al the S right of way line of Dot Street to a point on the West line of Lot 1, thence h on the West line of Lot 1 to the Southwest corner of Lot 1, theta the South line of Lot 1 and said line extended to the centerline of } Dra oad which is the East line of the West'/ of Section 28, thence North on ast line of the West % Section 28 to the place of beginning, all in McHenry Parcel 3: The South Half of the South Half of Section 29 (excepting the South Half of the Southeast Quarter of Section 29; ALSO excepting that part of the South Half of the Southwest Quarter of Section 29, described as follows: Beginning at the Northeast Corner of the South Half of the Southwest Quarter of Section 29 and running thence West on the North line thereof for a distance of 925 feet to a point; thence South at right angles to the last described line at the last described point for a distance of 400 feet to a point; thence Southeasterly on a line forming an angle of 30 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a distance of 285 feet to a point; thence Southeasterly in a straight and direct line to a point on a line drawn 425 feet Wesf of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29, said point also being 510 feet North of the South line thereof, thence South parallel to the East line thereof for a distance of 250.03 feet to a point; thence Southwesterly in a straight and direct line to a point which is 200.02 feet North of the South line thereof and also being on a line 475 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29; thence South on the last mentioned parallel line for a distance of 200.02 feet to the South line thereof; thence East on said South line to the i Southeast corner of the Southwest Quarter of Section 29 aforesaid; thence North to the place of beginning), also (excepting therefrom the following -described 98-46-13f4 premises, to wit: That part of the South Half of the Southwest Quarter -of Section 29, described as follows: Commencing at the Northeast Corner of the South Half of the Southwest Quarter of Section 29 and running thence West on the North line thereof for a distance of 925 feet for a place of beginning; thence South at right angles to the last described line, at the last described point, for a distance of 400 feet to a point; thence Southeasterly on a line forming an angle of 30 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a• distance of 285-feet-to a point; thence- - Southeasterly in a straight and direct line to a point on a line drawn 425 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29, said point also being 510 feet North of the South line thereof, thence South parallel to the East line thereof for a distance of 250.03 feet to a point; thence_ Southwesterly in a straight and direct line to a point which is 200.02 feet North of the South fine thereof and also being on a line 475 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29; thence South on the last mentioned parallel line for a distance of 200.02 feet to the South line thereof; thence West on said South line, a distance of 200,01 feet to the intersection with a line drawn 675 feet West of and parallel with the East line of the South Half of the Southwest Quarter of said Section 29; thence Northerly along the last described parallel line, a distance of 146.47 feet; thence Northwesterly along a line forming an angle of 31 degrees, 39 minutes, 16 seconds to the right with a prolongation of the last described line, a distance of 981.75 feet; thence Northerly along a line forming an angle of 31 degrees, 41 minutes, 26 seconds to the right with a prolongation of the last described line, a distance of 332.15 feet, to the Northerly line of the South Half of the Southwest Quarter of said Section 29; thence Easterly along said Northerly line, a distance of 265.24 feet, to the point of beginning) and the East Half of the Southeast Quarter of Section 30, all in Township 45 North, Range 8 East of the Third - Principal Meridian, in McHenry County, iliinols. Parcel C.- That part of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the West Quarter Corner of said Section 29; thence South along the West line of said Section 29 to the Northwest Corner of the South Half of the Southwest Quarter of said Section 29; thence East along the North line of said South Half of the Southwest Quarter of said Section 29, to the Southwest Corner of Glacier Ridge Unit No. 2, according to the Plat thereof recorded August 7, 1978, as Document No. 741873; thence North along the Westerly line of said Glacier Ridge Unit No. 2, to the Northwest Corner of said Glacier Ridge Unit No. 2; thence East along the North line of said Glacier Ridge Unit No. 2 and along the North line of Glacier Ridge Unit No. 1, according to the Plat thereof recorded August 30, 1977, as Document No. 706672 to an angle point in said North line of Glacier Ridge Unit No. 1; thence Northeasterly along the Northwesterly line of said Glacier Ridge Unit No. 1 EXHIBIT 2 Pag 2 of 986( 213G5 } to an angle point in said Subdivision; thence East along the North line of t said Glacier Ridge Unit No. 1 a distance of 211.91 feet to a point which is 577.41 feet West from the East line of the West Half of the Northeast Quarter of said Section 29; thence Northerly 389.81 feet to a point which is 578.25 feet West from said East line and 1508.6 feet South from the North line of said Northeast Quarter; thence West parallel with said North line 578,25 feet to the East line of the aforementioned parcel of land conveyed -by -Deed recordedAn.Book. 127,.page.123;Ah_enq-E Noah aging . said East line 1608.6 feet to an intersection with the North line of the Northeast Quarter of said Section 29; thence West along the North line of said Section 29 to a point on said North line 500.00 feet East of the Northeast Corner of the West 100 rods of the Northwest Quarter of said Section'29; thence South parallel with the East line of the West 100 rods of the Northwest Quarter of said Section 29, a distance of 340.0 feet; thence West, parallel with the North line of said Section 29 to the East line of the West 100 rods of the Northwest Quarter of.said Section 29; thence North along the East line of the W6st 100 rods of the Northwest Quarter of said Section 29 to the North line of said Section 29; thence West along the North line of said Section 29 to the Northwest Corner of said Section 29; thence South along the West line of said Section 29 to the point of beginning (excepting therefrom that part of the West 100 rods of the Northwest Quarter of Section 29, Township 45 North, Range 8 East of the } Third Principal Meridian, described as follows: Commencing at the Southwest Corner of said Northwest; Quarter; thence North along the West line of said Northwest Quarter, a distance of 734.12 feet; thence Easterly along a line forming an angle of 90 degrees, 30 minutes, 48 seconds to the right with a prolongation of the last described line, a distance of 1020.03 feet for a point of beginning; thence continuing along the last described line, a distance of 629.61 feet to a point on the East line of said West 100 rods of said Northwest Quarter, said point being 681.92 feet North of the Southeast Corner of said West 100 rods; thence South along the East fine of said West 100 rods, a distance of 681.92 feet to said Southeast Corner, thence West along the South line of said Northwest Quarter, a distance of 629.74 feet; thence North, a distance of 701.85 feet ` to the point of beginning; ALSO, That part of the North Half of the Southwest Quarter of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, lying 200 feet Westerly of (as measured at right angles to) the West line of Glacier Ridge Unit No. 2, a Subdivision of part of said Sectlon 29, according to the Plat thereof re -recorded August 17, 1978, as Document No. 741873), in McHenry County, Illinois. ALSO, The East Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT 2 Page 3 of 5 Parcel D: All that part of the West Half of the East Half of the Northeast Quarter of Section 30, Township 46 North, Range 8 East of the Third Principal Meridian, which lies Southerly of the right-of-way line of State Route 120, in McHenry County, Illinois; and - Parcel -E:- - — - -- ---- ... — - --- —.. The Northwest Quarter of the Southeast Quarter of Section 30 and the North 1/2 of the Southwest 114 of the Southeast 1/4 of Section 30 (except any part thereof lying South of the North line of the property conveyed by Document No. 699743, described as follows: The South 495.76 feet of the North 1/2 of the Southwest 1/4 of the Southeast 114 of Section 30); ALSO the West Half of the Northeast Quarter of Section 30 (except that part of the West Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corder of said Northeast Quarter of Section 30 for the place of beginning of this description; thence Southerly along the Vilest line of said Northeast Quarter, a distance of 100,00 feet to a point; thence Easterly along a line forming an angle of 90 degrees, 00 minutes, 00 seconds to the left, with the last describod line extended, a distance of 30.00 feet to a point; thence Northeasterly along a line forming an angle of 53 degrees, 55 minutes, 40 seconds to the left, with the last described line extended, a distance of 50.13 feet to a point; thence Easterly along a line forming an angle of 53 degrees, 25 minutes, 40 seconds to the right, with the last described line extended, a distance of 300.00 feet to a point; thence Northeasterly along a line forming an angle of 16 degrees, 42 minutes, 00 seconds to the left, with the last described line extended, a distance of 104.40 feet to a point; thence Northerly along a line forming an angle of 73 degrees, 18 minutes, 00 seconds to the left, with the last described line extended, a distance of 30 feet, more or less, to a point in the North line of the Northeast Quarter of Section 30 aforesaid; thence Westerly along said North line, a distance of 459.00 feet to the place of beginning), ALSO (except that part of the West Half of the 'Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 30, said corner also being on the Center line of FAP Route 21 (Illinois Route 120); thence South 89 degrees, 51 minutes East along the Center line of FAP Route 21 for a distance of 459.0 feet to a point on the East line of a tract of land acquired by State of Illinois, known a.,, Tract 0001 as set forth in Vesting Order filed on November 26, 1.968, as Case No. 68-2578 in the Office of the Clerk of the Circuit Court In McHenry County, Illinois, for a place of' 7 beginning; thence North 0 degrees, 09 minutes East along said East line, ! for a distance of 3.9 feet to a point on the North line of said Section 30; thence North 89 degrees, 40 minutes East along said North line of Section EXHIBIT 2 Page 4 of 5 30, for a distance of 855.7 feet to a point on the East line of the West Half of the Northeast Quarter of said Section 30, said point being 8.4 feet radially distant Northerly of the Center line of FAP Route 21; thence South 0 degrees, 20 minutes East along said East line, for a distance of 48.4 feet to a point, being 40.0 feet radially distant Southerly of the Center line of FAP Route 21; thence Westerly along a curve to the fight, having a radius of 68819.6 feet, said curve being concentric with and 40.0 feet radially distanf Southerly of tfie Center 114d of FAP-Route 21—f6r dirt-otice -af -, - -- ---- 624.0 feet; thence North 89 degrees, 51 minutes West along a line being parallel to and 40.0 feet normally distant Southerly of the Center line of FAP Route 21, for a distance of 265.4 feet to a point on the Southeasterly line of the aforementioned Tract 0001; thence North 73 degrees, 27 minutes *East along said Southeasterly line, for a distance of 34.8 feet to a point on the previously described East line of Tract 0001, said point being 30.0 feet normally distant Southerly of the Center line of FAP Route 21; thence North 0 degrees, 09 minutes East along said East line, for a distance of 30.0 feet to the place of beginning) ALSO (excepting the West 420.00 feet of the North 625.00 feet of the West Half of the Northeast Quarter of said Section 30), all in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT 2 Page 5 of 5 na_r,r__€QrQ Exhibit C to Meyer Material Conditional Use Ordinance [Mining Plans] Meyer Material/LaFarge McHenry Operation Mine Plan McHenry, Illinois This report and accompanying maps narratively and graphically depict the standard and methods to which the Meyer/LaFarge McHenry Operation Mining Plan shall proceed. Operator. - Meyer Material Company/ Lafarge Aggregates 1 S194 IL Route 47 Elburn, IL 60119 (630) 365-9181 December 14, 2018 TABLE OF CONTENTS Paqe INTRODUCTION....................................................................................................... 3 SCOPE OF PROJECT.............................................................................................. 3 • Minerals to be Mined....................................................................................... 3 • Character and Composition of Vegetation and Wildlife .................................. 3 • The Nature, Depth and Proposed Disposition of Overburden ......................... 3 • Estimated Depth to which the Mineral Deposit will be Mined .......................... 3 • Technique to be used in Surface Mining......................................................... 4 • Estimated Type and Volume of Excavation.................................................... 4 • Equipment Proposed to be Used.................................................................... 4 • Practices and Methods Proposed to Minimize Noise, Dust, and Pollution of Surface or Underground Water .................................................... 5 • Recycling of Water for Washing and Grading ................................................. 5 • The Proposed Usage or Drainage of Excess Water ....................................... 5 • Proposed Days and Hours of Operation......................................................... 6 • The Mining Cell Sequence and Simultaneous Reclamation Plan ................... 6 • Estimated Date of Completion of Mining Operations at the Site ..................... 6 • Current and Past Uses of the Land................................................................. 6 REFERENCES.......................................................................................................... 7 MINING PLAN Reference the Mining Plans Submitted with this Narrative INTRODUCTION The Meyer Material Company/LaFarge operates the McHenry sand and gravel mining operation located at 7001 West Route 120 in McHenry, Illinois. An Existing Conditions Plan, Operations Plan, Reclamation Plan and Parcel Exhibit A have been prepared which depicts the required method of future operations and reclamation of the Meyer/LaFarge Mining property and is an attachment to this Narrative of supplemental requirements. This plan replaces/supersedes the October 1987 Reclamation Plan, West Quarry Operations, prepared by Associated Planners for remainder of mining operations. The subject Meyer Material McHenry/LaFarge mining operation is located on the Western edge of McHenry, Illinois on the South side of Illinois Route 120, in Sections 34 of McHenry Township, McHenry County. SCOPE OF PROJECT Minerals to be Mined The Meyer/LaFarge mining operation will continue removing sand and gravel of varying sizes and quality. The deposit is unconsolidated in nature and generally consists of sand and medium to coarse -grained gravel. Soil borings installed at the property demonstrate that the sand and gravel deposit is, on average, 45 feet thick and is essentially continuous across the site. Meyer/LaFarge desires to continue processing these materials into aggregate products suitable for use in the construction industry. Character and Composition of Vegetation The property is located on the south side of Illinois Route 120 and east of Ridge Road in McHenry, IL. The property is currently used for extraction of earth materials and agricultural production of row crops. There is a wooded section on the north central portion of the property. The Nature, Depth and Proposed Disposition of the Overburden Based on existing site conditions and soil borings installed at the Meyer/LaFarge mining property, the overburden consists of topsoil and clay overlying 40 - 50 feet of sand and gravel material. Any overburden removed during mining will be used during the reclamation of the site. Overburden material will be used to construct berms and progressively reclaim side slopes as mining progresses through the mining cell sequence. Refer to the Operations Plan for the mining cell sequence for the remainder of the Dry Bank and Wet Mining operations. The Estimated Depth to Which the Mineral Deposit will be mined Approximately 40 to 50 feet of sand and gravel material will be mined below the existing ground surface. The elevation to which the sand and gravel will be mined is 3 approximately 855 feet above sea level. Due to the variable depth and composition of glacial sand and gravel deposit it is likely that sand and gravel material will be found below the groundwater surface of the shallow aquifer in the Floor Material Area of the mine. If sufficient quantities of sand and gravel are encountered below water, mining will occur below the water table creating a lake on the property. Refer to the Reclamation Plan for proposed configuration of the proposed lake. The actual surface area of the water body may vary from what is planned depending on the lateral and vertical extent of the sand and gravel reserves, the groundwater encountered during mineral extraction and the volume of overburden available to reclaim the site. The Technique to be used in Surface Mining This mining operation will use a combination of surface excavation equipment fortopsoil removal and mining. Due to the unconsolidated nature of the sand and gravel material, mining above water will utilize a front-end loader to extract the material from the mine face. The front-end loader will transport the material to the primary crusher and the then the material is placed onto the main conveyor system which transports the material to the secondary crushers located at the Material Processing Plan. Below water aggregate extraction will utilize a dragline or backhoe. The aggregate materials extracted from above and below water will be transported by conveyor to the processing plant. Once at the processing plant, sand and gravel material will be screened, washed and sorted into the various product piles for distribution. Water needed for the operations will be recycled between the wash plant, settling ponds and man-made fresh water lakes. Estimated Type and Volume of Excavation It is estimated that approximately 600,000 to 1,400,000 tons of sand and gravel will be removed annually depending on economic market conditions. This volume will vary due to market supply and demand. The mining cell sequence referenced and required to be followed in this narrative must be completed by December 31, 2026. The Equipment Proposed to be Used Following is a general list of equipment to be used in various mining operations: Front-end Loader- Rubber tired vehicle for removal and transport of resource material from the mine face to the processing equipment and to load trucks for material delivery. Backhoe - A tracked vehicle with a bucket capable of extracting resource material. It is also used in the removal of topsoil and overburden Bull dozer - Used in the reclamation of the site to ensure that berm and final sloped areas are created properly Screen Plant - Screening equipment for separating sand and fine material from coarse material utilizing a series of screens. Conveyors - A rotating belt that transports mined material to the processing area as well as between various stockpiles and processing equipment. Crushers - Crushing equipment to reduce large sized resource material to a commercial grade and size. Wash Plant - Washing equipment capable of separating sand and fine material from coarse material utilizing wash water and a series of screens. Cyclone - A mechanical system capable of removing fine solids from the return water of the wash plant prior to discharge in the recycling pond. Return Pump - Pumps wash water from washing equipment to the recycling pond. Wash Pump - Pumps clear water from the fresh water pond to the wash plant. Scale - Equipment to weigh trucks transporting resources from the operation off -site. Articulated Dump Truck - Vehicles to transport materials on the site. Diesel Engines/Back-up Generators — Emergency Power Practices and Methods Proposed to Minimize Noise, Dust, and Prevent Pollution of Surface or Underground Water Meyer/LaFarge shall minimize current noise impacts from the operation by placing the main processing area in the existing mine approximately 45 feet below the existing ground surface surrounding the mine. Berms shall be maintained and constructed in future disturbed areas surrounding the mine and processing equipment shall operate below grade in the existing mine to reduce sound emissions from the processing equipment. Dust control measures shall include sweeping paved surfaces and the applying water to the haul roads on an as needed basis. Mine Safety and Health Administrative officials regularly inspect the facility to ensure that the health and safety of all employees are maintained. This operation will meet all Federal, State and Municipal regulatory agency requirements. Mine Safety and Health Administration standards will be maintained at all times. The Recycling of Water for Washing and Grading The existing man-made lake is used to supply water for process wash water operations. A settling pond is utilized to recycle aggregate processing wash water. Water is pumped from the existing lake for aggregate material washing and grading and is recycled into the settling pond to allow any remaining sediments to settle out of suspension. The clean water is then conveyed back to the lake where it is reused in the process. The Proposed Usage or Drainage of Excess Water No dewatering will be conducted as a part of the mining operations. All areas proposed to be excavated will self -contain any surface run off. The final reclaimed landform will hold in excess of the 100-year storm event. See existing drainage patterns and map as provided with this Narrative. 5 The Proposed Days and Hours of Operation The hours of operation at the mining facility shall conform to the standards established by the City of McHenry. The Mining Cell Sequence and Simultaneous Reclamation Plan Reclamation shall be carried out simultaneously in each active cell. Simultaneous reclamation shall be accomplished by reclaiming slopes in previously mined areas with overburden material stripped from the cell currently being mined completing the reclamation and restoration process as the operation proceeds. The required Dry Mining cell sequence shall begin in Cell A in the central portion of the mine in the Floor Material Area (Refer to the Operations Plan) and continue through Mining Cell E completing the Dry Mining sequence. Cell boundaries are approximate and, accordingly, working over an adjacent boundary into cells B, C & D prior to reaching them in the sequence shall not require prior City approval and does not constitute a violation. Provided, however, encroachment into Cell E from adjacent cells is not allowed The required Wet Mining sequence shall begin in Cell U and proceed in sequence through Cell Z, creating the proposed lake. Dry Mining and Wet Mining shall be conducted simultaneously where possible. Reclamation shall be conducted during Dry and Wet Mining operations utilizing overburden soil material and soil material stored in berms, completing the reclamation and restoration process as mining proceeds. Estimated Date of Completion of Mining Operations at the Site The proposed Meyer/LaFarge Dry Bank mining activities shall be completed by December 31, 2024, and Wet Mining operations shall be completed by December 31, 2026. The Material Processing and Stockpile Area and Haul Road Berm shall be reclaimed no later than June 30, 2028 or within 18 months of expiration of mining operations on North Parcel (Parcel North of Illinois Route 120) whichever is later. Current and Past Uses of Land Currently the property is used for the production of sand and gravel aggregate products. The remaining property consists of various small ponds created during mining operations, reclaimed slopes, and reclaimed land utilized for the production of agricultural row crops. Prior to aggregate mining at the site the property was used for the production of agricultural row crops (See the Existing Conditions Plan). REFERENCES Meyer Drilling Program 1995 Berg, Richard C., B. B. Curry, and R. C. Vaiden. 1997. Geologic Mapping for Environmental Planning, McHenry County, Illinois, State of Illinois, Department of Natural Resources, Illinois State Geological Survey, Urbana, Illinois, Circular 559. Meyer, Scott C., 1998. Groundwater Studies for Environmental Planning, McHenry County, Illinois, State of Illinois, Department of Natural Resources, Illinois State Water Survey, Hydrology Division, Champaign, Illinois. Contract Report 630. Willman, H.B. 1971. Summary of the Geology of the Chicago Area, State of Illinois, Department of Registration and Education, Illinois State Geological Survey, Urbana, Illinois, Circular 460. Willman, H.B. 1975. Handbook of Illinois Stratigraphy, State of Illinois, Department of Registration and Education, Illinois State Geological Survey, Urbana, Illinois, Bulletin 95. Exhibit D to Meyer Material Conditional Use Ordinance Bond Number 929498584 RECLAMATION BOND KNOW ALL MEN THESE PERSENTS, That we Meyer Material Company Hereinafter referred to as Principal, and Western Surety Company A corporation organized and existing under the laws of the State of South Dakota , as Surety, are held and firmly bound unto City of McHenry hereinafter referred to as Obligee, in the sum of One Hundred Thousand Dollars and no/100 ($100 , 000.00 lawful money of the United State of America, to the administrators, successors, and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal made application for Permit to the obligee for the purpose of, or to exercise reclamation of property located at: Excavation and Reclamation of Phase I NOW THEREFORE, if the principal shall faithfully comply with all ordinances, rules and regulations concerning said Site, and shall save and keep harmless the Obligee from all loss or damage which it may sustain for which it may be liable on account of the issuance of the permit to the Principal, then this obligation shall be void; otherwise, to remain in full force and effect. THIS BOND WILL EXPIRE May 3, 2011 but may be continued by continuation certificate signed by Principal and Surety. The Surety may at any time terminate its liability by giving (30) thirty days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED AND DATED this 3rd day of May , 2010 Meyer Material Company Principal MAY 17 2010 Western Surety Company Surety Stephlnie Cara.ana, Attorney —in —Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark A Latini, Craig B Hurst, Kevin W Andrews, Jeffery G Shields, Wm. Scott Shields, Guyanne L Hansen, Gayle Wood, Donald R Mayer, Stephanie H Garahana, Tracy A Mervin, Individually of Sandy, UT, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of February, 2010. ��►►,,,..t,t����suAcr}w WESTERN SURETY COMPANY �94 W 4O jyi gv ri J�rM O��v Paul 4rBruflat, Senior Vice President State of South Dakota 1 County of Minnehaha I ss On this 17th day of February, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +tititia ,..Sti..tigtitiatititiy..aatititi } a D. KRELL ± November 30, 2012 rr EAL NOTARY PUBLIC SEAL r r SOUTH DAKOTA r ��sb �+4 M�+�+S Sti ti4bY MS 4ti4h Stih CERTIFICATE I&a k'i-al D. Krell, No ky Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this -3 0 — day of M ak f �. �Wp0pq\pre. WESTERN SURETY COMPANY ,rtVO �}y� E L. Nelson, Assistant Secretary Fomi F4280-09-06 BOND NO.929498584 RIDER To be attached to and form a part of Bond No. 929498584 executed by MEYER MATERIAL COMPANY as Principal and by WESTERN SURETY COMPANY as Surety, in favor of CITY OF MCHENRY and effective as of In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the description of the bond FROM: Excavation and Reclamation of Phase I Site PC #: 53446 - Site Name: McHenry Sand & Gravel TO: Reclamation in compliance with applicable reclamation plans approved from time to time by the city of McHenry Site PC#: 53446 Site Name: McHenry Sand & Gravel Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 21 st day of Signed and sealed this 21st day of December December 2018 2018 MEYER MATERIAL COMPANY Principal BY: WESTERN SURETY COMPANY Surety BY: Vanessa Dominguez tto y-in-Fact M Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Wendy W Stuckey, Michael J Herrod, Anoop Chawla Adlakha, Nancy Thomas, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Individually of Houston, TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of July, 2016. g�'4uacrye WESTERN SURETY COMPANY `t'ra�ax4` aul T. Bruflat, Vice President State of South Dakota is County of Minnehaha On this 2lst day of July, 2016, before me personally came Paul T. Btullat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR June 23, 2021 mp TM==o a-7?1?A_� CERTIFICATE J. Mohr, Nourry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 21s t day of December 2018 °"`y01 WESTERN SURETY COMPANY �,vorr,4rd �°f'►NSr�i �P 6�i+L.ri .- Form F4280-7-2012 L. Nelson, Assistant Sccr-iary Bond Number 929498570 RECLAMATION BOND KNOW ALL MEN THESE PERSENTS, That we Meyer Material Company IIereinafter referred to as Principal, and Western Surety Company A corporation organized and existing under the laws of the State of South Dakota , as Surety, are held and firmly bound unto City of McHenry hereinafter referred to as Obligee, in the sum of One Hundred Thousand Dollars and no/100 ($ 100, 000.00 lawful money of the United State of America, to the administrators, successors, and assigns, firmly by these presents. TIIE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal made application for Permit to the obligee for the purpose of, or to exercise reclamation of property located at: Excavation and Reclamation of Phase II in the City of McHenry, Illinois NOW THEREFORE, if the principal shall faithfully comply with all ordinances, rules and regulations concerning said Site, and shall save and keep harmless the Obligee from all loss or damage which it may sustain for which it may be liable on account of the issuance of the permit to the Principal, then this obligation shall be void; otherwise, to remain in full force and effect. THIS BOND WILL EXPIRE May 3, 2011 but may be continued by continuation certificate signed by Principal and Surety. The Surety may at any time terminate its liability by giving (30) thirty days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED AND DATED this 3rd day of May , 2010 Meyer Material Company Principal By: Western Surety Company Surety Stephgnie Garaheria, ttorney—in—ram Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark A Latini, Craig B Hurst, Kevin W Andrews, Jeffery G Shields, Wm. Scott Shields, Guyanne L Hansen, Gayle Wood, Donald R Mayer, Stephanie H Garahana, Tracy A Mervin, Individually of Sandy, UT, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of February, 2010. „„�llll WESTERN SURETY COMPANY ll UPON 0 W10 �l�i �f\SfAv; P; Paul 4rBruflat, Senior Vice President State of South Dakota 1 )T ss County of Minnehaha On this 17th day of February, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +htil+ti tiagYyti4�,ti4y4ti Y4h4Yti4 + : D. KRELL i November 30, 2012 $ S NOTARY PUBLIC � r SOUTH DAKOTA r +I+bbhS4SS44Yhb4Stititi4titi.,hbs I&a k1tow D. Krell, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation prinked on the reverse hereof is still in force. in testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this -— �" day of SVREr`y"w r -' ..�o, WESTERN SURETY COMPANY ��ufpvOgq •L� `4fA" fir PF VVuI„uW:„ L Nelson, Assistant Secretary Form F4280-09-06 BOND NO.929498570 RIDER To be attached to and form a part of Bond No. 929498570 executed by MEYER MATERIAL COMPANY as Principal and by WESTERN SURETY COMPANY as Surety, in favor of CITY OF MCHENRY and effective as of In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the description of the bond FROM: Excavation and Reclamation of Phase II in the City of McHenry, Illinois Site PC#: 53446 Site Name: McHenry Sand & Gravel TO: Reclamation in compliance with applicable reclamation plans approved from time to time by the city of McHenry Site PC#: 53446 Site Name: McHenry Sand & Gravel Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 21st day of Signed and sealed this 21st day of December December MEYER MATERIAL COMPANY BY: WESTERN SURETY COMPANY 2018 2018 Principal Surety BY:�'(Kw Vanessa Dominguez o y-in-Fact III i d i i �I 11 'I Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Wendy W Stuckey, Michael J Herrod, Anoop Chawla Adlakha, Nancy Thomas, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Individually of Houston, TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareho)ders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of July, 2016. �rrc WESTERN SURETY COMPANY �4%`t,PDgyi^�a �r Y #r `TCA%v 4i�enMS aul T, Bmflat, Vice President State of South Dakota ss County of Minnehaha On this 21st day of July, 2016, before me personally came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My oommission expires J. - OHR June 23, 2021 �'Q'S1°`KA'"� • 'III' J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 21 s t day of .Y„ ,synErrc FpOq 01 W s P dkih,u µdi Form F4280-7-2012 December 2018, WESTERN SURETY COMPANY L. Nelson, Assistant Secrc:urry Bond Number 929498571 RECLAMATION BOND KNOW ALL MEN THESE PERSENTS, That we Meyer Material Company Hereinafter referred to as Principal, and Western Surety Company A corporation organized and existing under the laws of the State of South Dakota , as Surety, are held and firmly bound unto City of McHenry hereinafter referred to as Obligee, in the sum of One Hundred Thousand Dollars and no/100 ($100 , 000.00 lawful money of the United State of America, to the administrators, successors, and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal made application for Permit to the obligee for the purpose of, or to exercise reclamation of property located at: Excavation and Reclamation of Phase III in the City of McHenry, IL NOW THEREFORE, if the principal shall faithfully comply with all ordinances, rules and regulations concerning said Site, and shall save and keep harmless the Obligee from all loss or damage which it may sustain for which it may be liable on account of the issuance of the permit to the Principal, then this obligation shall be void; otherwise, to remain in full force and effect. THIS BOND WILL EXPIRE May 3, 2011 but may be continued by continuation certificate signed by Principal and Surety. The Surety may at any time terminate its liability by giving (30) thirty days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED AND DATED this 3rd day of May , 2010 Meyer Material Company Principal MAY 1 7 2O10 Western Surety Company n.. Surety g4t*epra w-i , Ate n —in— ac Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark A Latini, Craig B Hurst, Kevin W Andrews, Jeffery G Shields, Wm. Scott Shields, Guyanne L Hansen, Gayle Wood, Donald R Mayer, Stephanie H Garahana, Tracy A Mervin, Individually of Sandy, UT, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute f'or and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of February, 2010. soaEryWo WESTERN SURETY COMPANY ?< �w�`ppPOA•q.-1is rSEAV/ �64pFK ' .«..... Paul 10BrUflat, Senior Vice President State of South Dakota 1 Jj ss County of Minnehaha On this 17th day of February, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to he the act and deed of said corporation. My commission expires +444444444444444444444444 + i D. KRELL f November 30, 2012 r SEA NOTARY PUBLIC SE LL i r SOUTH DAKOTA r +44444444444444444444444+ If D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this _ day of M [ \) i ' , . WESTERN SURETY COMPANY 1: "w,........ �Dy L. Nelson, Assistant Secretary Fonn F4280-09-06 BOND NO.929498571 RIDER To be attached to and form a part of Bond No. 929498571 executed by MEYER MATERIAL COMPANY as Principal and by WESTERN SURETY COMPANY as Surety, in favor of CITY OF MCHENRY , and effective as of In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the description of the bond FROM: Excavation and Reclamation of Phase III in the City of McHenry, IL Site PC #: 53446 - Site Name: McHenry Sand & Gravel TO: Reclamation in compliance with applicable reclamation plans approved from time to time by the city of McHenry Site PC#: 53446 Site Name: McHenry Sand & Gravel Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 21 st day of Signed and sealed this 21st day of December December MEYER MATERIAL COMPANY BY: WESTERN SURETY COMPANY 2018 2018 Principal Surety BY: CAM 91q, Vanessa Dominguez o y-in-Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Wendy W Stuckey, Michael J Herrod, Anoop Chawla Adlakha, Nancy Thomas, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Individually of Houston, TX, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of July, 2016. svairro WESTERN SURETY COMPANY rN oPM 'nu) T. BrUNH, Vice Pttwidem State of South Dakota Countyof Minnehaha ss On this 21st day of July, 2016, before me personally came Paul T. Brallat, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his came thereto pursuant to liko authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR June 23, 2021 �RO m w'�wre� CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 21st day of December 2018. WESTERN SURETY COMPANY �rM OnM�v _ L.►� Form F4280-7-2012 L. 1Velsoo, Assistant Secretary