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HomeMy WebLinkAboutPacket - 8/7/2023 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, August 7, 2023, 7:00 p.m. McHenry High School Upper Campus Auditorium 4724 W Crystal Lake Road, McHenry, IL 60050 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance 4.Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Per the City’s Purchasing and Procurement Policy, the acceptance of a low bid proposal from Advantage Mechanical, Inc of McHenry in an amount not to exceed $17,310.00 for the emergency replacement of air conditioning equipment at the Regional Pump Station. (City Administrator Morefield) B.Block Party request on Carey Drive on August 19, 2023, from 12:00 noon to 11:00 p.m., pending the receipt of signatures from all residents affected acknowledging their approval of the party; and a Block Party request on Jennifer Lane on August 19, 2023, from 12:00 noon to 10:00 p.m. (Deputy City Clerk Johnson) C.Parks & Recreation Facilities & Special Use Permit Requests; D.July 17, 2023 City Council Meeting Minutes; E.Issuance of Checks in the amount of $1,578,530.73 5.Individual Action Item Agenda A.Public Hearing - Land Reserves Annexation Agreement Hearing and Continued Public Comment B.Super Aggregates Mining – North of State Route 120 and East of Chapel Hill Road i.Motion to approve an Ordinance Authorizing The Execution Of An Annexation Agreement Between The City Of McHenry And Land Reserves, LLC With Respect To 110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for passage: 6 of 8 City Council members, including the Mayor) 1 ii. Motion to approve an Ordinance Annexing To The City Of McHenry 110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for passage: 5 of 8 City Council members, including the Mayor) iii. Motion to approve an Ordinance Granting Approval of a Preliminary and Final Plat of Subdivision of McHenry Lakes Business Park Subdivision in the City of McHenry, McHenry County, Illinois (Vote required for passage: 4 of 7 City Council members) iv. Motion to approve an Ordinance Granting A Zoning Map Amendment and Conditional Use Permit For Earth Extraction, Earth Materials Process Operations, Asphalt/Concrete Recycling Operations, And Outdoor Storage Associated With The Operation Of A Gravel Pit And Construction Of A Lake. (Vote required for passage: 4 of 7 City Council members) 6. Public Comment 7. Staff Reports. 8. Mayor’s Report. 9. City Council Comments. 10. Executive Session as needed. 11. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/82488713759 2 Department of Public Works Russell Adams, Wastewater Superintendent 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: August 7, 2023 TO: Mayor and City Council FROM: Russell Adams, Wastewater Superintendent RE: Air Conditioning Replacement at Regional Pump Station ATT: Proposal from Advantage Mechanical Inc. AGENDA ITEM SUMMARY: Staff requests City Council to consider accepting the proposal from Advantage Mechanical Inc. for the replacement of the air conditioning equipment located in the Electrical Control Room at the Regional Pumping Station. Because this was an emergency replacement to ensure the City’s continued ability to provide the full capabilities of the Regional Pumping Station, per the City’s Purchasing Policy, three (3) bides were obtained and the expenditure was previously approved by the City Administrator. Additionally, per policy, it is now coming to Council for approval after the fact. The Council was notified of this at the time by the City Administrator. BACKGROUND: The Regional Pumping Station was constructed in 2017 as part of the Expansion and Consolidation Project of the City’s Wastewater Treatment Facilities. It conveys approximately 1.5 million gallons of wastewater per day from the site of the former Central Wastewater Plant to the South Wastewater Plant for treatment and then discharges to the Fox River. The pumps at the Regional Pumping Station are operated by Variable Frequency Drives (VFD’s). These VFD’s produce a large amount of heat which must be countered by an air conditioning system to prevent overheating of the VFD’s and other electrical equipment located inside the control room. Due to the critical nature of the facility, there are two separate air conditioning systems installed in the control room for redundancy. Both systems experienced compressor failures within the span of four days. ANALYSIS: Immediately following both failures, a contractor was onsite to assess the issue. In both cases , it was determined that the compressor had failed and would require replacement along with 3 several associated electrical components. The lead-time for the replacement compressors is currently 90 days with a total estimated repair cost for both units of $23 ,053.78. The long lead-time would require staff to continue relying on temporary cooling measures throughout the remainder of the hot summer months, increasing the risk of equipment failure due to insufficient cooling capacity or a failure of the temporar y system altogether. This prompted staff to consider all other available options, including full system replacement. Proposals were solicited from three qualified contractors to perform a complete system replacement with in-stock, commercially available materials of a size and specification that is comparable to the current equipment. Staff received the following three (3) proposals: • Advantage Mechanical Inc. $17,310.00 • Goldmore Mechanical $32,158.00 • Platinum Heating and Cooling $30,850.00 RECOMMENDATION: Therefore, if Council concurs, it is recommended to accept the proposal from Advantage Mechanical Inc. of McHenry, Illinois, in an amount not to exceed $17,310.00 to replace the air conditioning equipment in the Electrical Control Room at the Regional Pump Station. 4 July 31, 2023 City of McHenry Waste Treatment Plant McHenry, IL 60050 Advantage Mechanical is pleased to provide the following proposal to replace 2 condensing units and air handlers. Proposal to include the following: ➢ Remove and dispose of existing condensing units and air handers. ➢ Install 2 new Trane 480-3phase condensing units on new pads. ➢ Install new service d isconnects and tie into existing 480 volt power supply. ➢ Install/hang 2 new 208 volt - single phase Trane air handling units. ➢ Run 208 volt power supply for new air handling units. ➢ I nstall drain pans under new air handling units with float switches. ➢ Install new supply duct with supply registers. ➢ Install new return duct with return filter grill. ➢ Install new line set. ➢ Install new pvc drain lines. ➢ Install 2 new thermostats. ➢ Start -up and check complete operation of systems. Work to be performed for the sum of $17,310.00 City of McHenry Advantage Mechanical Inc. Water Treatment Plant 765 Ridgeview Drive McHenry, IL 60050 McHenry, IL 60050 Agreed to this Agreed to this day of , 2023 31st day of July , 2023 By: By: Ryan Wett Title: Title: Service Manager 5 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org CONSENT AGENDA ITEM DATE: August 7, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Request ATT: Application, Map AGENDA ITEM SUMMARY: An application has been submitted by Kacie DeWitt for the purpose of holding a block party on Saturday, August 19, 2023, between 12:00 noon and 11:00 p.m. They are requesting closure of Carey Drive as shown on the attached map (from Biscayne Rd to Forest Rd). An application has been submitted by Wayne Braun for the purpose of holding a block party on Jennifer Lane on Saturday, August 19, 2023, between 12:00 noon and 10:00 p.m. They are requesting closure of Jennifer Lane as shown on the attached map (from Orleans to Prestwick). Background: The City of McHenry allows block parties on all residential streets providing they do not block intersections, cul-de-sacs, or other roadways. To schedule a block party, City residents submit an application to the City Administrator’s office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and picked up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. Signatures will be required from all residents who have driveways affected by the block party prior to issuance of a block party permit. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the block party request on Carey Drive on August 19, 2023, from 12:00 noon to 11:00 p.m. pending the receipt of signatures from all residents affected acknowledging their approval of the party, and to approve the block party request on Jennifer Lane on August 19, 2023, from 12:00 noon to 10:00 p.m. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. 6 Date * 7/31 /2023 Name* Kacie DeWitt Address* Date of Block Party* 8/19/2023 Proposed Hours of 12pm until 11pm Street Closure* Subdivision Name The McHenry Shores Specific Location of Proposed Street Closure Street Name Closed * Carey Dr. From what intersection To what Intersection Street or Address Biscayne Rd. Forest Rd Special Notes or Circumstances A sheet must be filled out that lists each address that will have restricted access to their driveway due to the street closure. The sheet must list the address and have a signature of each resident. Download that sheet here, and then upload that file with this application. You can also email that sheet separately to Monte Johnson at: mjohnson@cityofmchenry.org This application will not be taken to Council for approval until that form is completed and submitted. File Upload Signature* Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. 7 BiscayneRd BarrevilleRdBarrevilleRdForestDrBarrevilleR dBiscayneRd BiscayneRd HollywoodBlvdCareyDrForestDr Forest DrHollywoodBlvdCareyDr Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Block Party - Carey Drive Location of Block Party µ 8 4•-+4 McHenr Date* 8/3/2023 Name* Wayne Braun Address* Date of Block Party* 8 9 2023 Proposed Hours of 12:00 pm to 10:00 PM Street Closure* Subdivision Name Mill Creek Specific Location of Proposed Street Closure Street Name Closed* Jennifer Ln From what intersection To what Intersection Street or Address Orleans Preswick Special Notes or Hello-I submitted an application on 7/17/2023 and have not heard back. I have Circumstances been checking the meeting agendas and I dont see my request on the upcoming meeting which is the last one before our party.We have been doing this for over 30 years and I dont want to have to postpone it.Thx Wayne Braun 815-347-6129 A sheet must be filled out that lists each address that will have restricted access to their driveway due to the street closure. The sheet must list the address and have a signature of each resident. Download that sheet here, and then upload that file with this application. You can also email that sheet separately to Monte Johnson at: mjohnson@cityofmchenry.org This application will not be taken to Council for approval until that form is completed and submitted. File Upload 2023 block party signatures.pdf 64.82KB Signature* l r.r/.' .r frar r Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. 9 WPrestwickSt JenniferLnNLeonardAveWOrleansStJen niferLnNLeonardAveSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, andtheGISUser Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, andtheGISUser Community BlockParty - JenniferLane Block7610 11 12 13 14 15 16 17 18 19 20 21 22 City of McHenry Council Meeting Minutes 7.17.23 MINUTES REGULAR CITY COUNCIL MEETING Monday, July 17, 2023, 7:00 p.m. City Council Chamber, 333 S Green St, McHenry, IL 60050 Roll Call: Mayor Jett called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, Director of Public Works Strange -absent, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk , City Planner Sheriff, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comments: *Clerks note- the full public comment section can be viewed through the posted YouTube recording of the meeting. Below is a summary of some of the comments. Dan Baldino- Any council members that have done business with Jack Pease should refrain from vote so there is no conflict of interest. Tom Sullivan- Resident of 40 years 30 in the McHenry business community. Please do not consider this choice, stating that this city has come far and having a hard time understanding why a gravel pit would be by two schools, the Outdoor Theater, and the Chocolate Factories and Wells. Don’t risk the health and welfare of the residents. Terry LaDuke- Wanted to know the differences between the city and the county taking over the pit. Paul Gurns- Resident of Lakemoor, main concern pit was the value of the homes. What is the real risk of the proposed pit? Asking The City Council to open their minds and let the data speak. Victoria Miller- Lives next to the aggregates in Richmond, no noise that affects them. No issues with truck issues and with children on the road no issues there. Stated that she drinks the water as well as her animals, and they are healthy as well. 23 City of McHenry Council Meeting Minutes 7.17.23 2 Sandra Doehler- Stated that she loves the community of McHenry, and her concern is the property values. Think about the residents and represent their needs, concerns and financial well-being should be thought of by The Council. Mary Jo Muett- “How Dare You”, was the only statement made by a resident. Matt Baldin- Talked about the data regarding the EPA, and wants this to be a data-driven decision since the minority and majority are represented. Understanding the data regarding the carcinogens, and the grade school and homes. Wanted the answer as to how is this going to help McHenry. Rich Deminsky- Ozinga Ready Mix VP, has been in the industry his whole life dealing with Jack Pease. Has 15 locations within the area that would benefit employees. Stated that this would be a benefit for the community and the employees. Jack stands behind his work. David LaPoint- Pointe Ready Mix, Operator. The main corporate office is on Bull Valley Road in McHenry. Jack and Torey are honest and knowledgeable, they are clean and well-kept. Stated he is adjacent to those in Volo. Stated that he is going further to source materials, which has a direct impact on building it. Dennis Whitty- Whitty Supply Co. in Wi. Got to know Jack and Tory and stated they are a great operator has worked with them. His home was 150 feet and from there have been nothing but great neighbors to them. Steve Pamiso- Talked about things that have happened around homes, and talked about the chance of the air being polluted as he is surrounded by three pits himself. Discussed the decrease in his property value. Would like The Council to vote no, asking that they care about each other. Asking for there to be homes instead. Athena Premarious- Nurse, the biggest concern of air pollutants. The Systemic Inflammatory Process negatively impacts all major organs as well. Experience as a nurse, do no harm an oath. Also wanted to know what Mr. Peases oath is. Tammy Hansa- One of the questions he has is where to find information regarding the topic and also the unincorporated area. Interested in finding the development after the project is completed. George Barth- Owns the farm next to the movie theater on Chapel Hill Road, just got a notice regarding this. Several concerns, water is something that he is concerned about. The environmental impact on the bees that he raises is a problem including other animals. Would like to propose that The Council takes a vote in the neighborhoods regarding this area. 24 City of McHenry Council Meeting Minutes 7.17.23 3 Cynthia Lock- Would like to suggest the scope and depth of the concerns be thoroughly thought out regarding the community and its impact before is voted on. Ron Fischer- Resident of over 40 years, owner of Fischer Brothers Concrete, stated that he is a customer of Super Aggregate and has been a customer of theirs for a while, they are a go-to supplier. Having the pit could help with truck traffic as well. Tom Potts-Resident had a relationship with Super Aggregate over the last 30 years as well. Stated that it is first-class work all the way, showed some pictures of the old gravel pit and the new areas developed by the gravel pit, and stated a good idea to welcome them, as they have top-notch work. Mike Helios- Hellos Construction Company owner, stated that he has been a customer of Super Aggregate for many years. The proposed pit will help with the wear and tear of the roads with the trucks, stating that the pits are neat and clean, with no dust and no noise. Vicki Potts- Stated that Jack Pease, owner of Super Aggregate holds his word, and can attest to the type of person he is. Nicholas Behrens- Resident of Woodstock, neighbor to Super Aggregates, could not ask for better neighbors and stated that they are willing to help him at any time. Keep their pits nice and clean. He has an RV storage area where he has used the Super Aggregates to help with gravel, they have always helped him. Scott Nolan- Touched upon three financial issues – property value, how much will they go down? Created a spreadsheet regarding the value and sent it to The City Council so that numbers could be plugged in to give accurate data. He touched on several other issues and wants to have answers. Chris Pry- realtor, stated that selling properties will have negative effects, regarding water and pollution. They would like The Council to deny the pit. Nicole Pease- Jack’s daughter from Super Aggregates, created thousands of jobs along with beautiful places in the community for residents to live. She is proud to be part of the change and progress. Addison Pease- granddaughter, of Jack Pease. Stated that she is happy that her grandfather helped her create a business with the horses and would like those to view how beautiful it is. Pattie Todd – A new resident of McHenry County, was a lifelong resident of Lake County, stated that it is a gem of a county. She is concerned that there needs to be cleaner food, water, and air and it is going to be in proximity to residents that have to suffer from this. The dust and road issues were also touched upon. 25 City of McHenry Council Meeting Minutes 7.17.23 4 Jack Pease, owner of Super Aggregate, talked about how you cannot get by without sand and stone and how the public needs it. Commented that they had 33 gravel pits, a year ago had 14 and today there are 11. Summarized that some of the council members went to visit a site, showing the progress, and how there was no dust, etc. Offered for anyone to come out and visit the site and also gave some background on some of the questions that were posed during the meeting. This discussion went on for some time. Action Item: Motion to postpone additional consideration and action related to the proposed Super Aggregates gravel pit until Monday, August 7, 2023, regularly scheduled meeting of the McHenry City Council pending the completion of a hydrological study. Further consideration and action on that date will be contingent upon the completion of the said study by Super Aggregates and subsequent review by the City of McHenry and its consultants. A motion was made by Alderman Santi and seconded by Alderwoman Miller to postpone the above Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: *Clerks Note- this item was pulled by Alderwoman Bassi. A. Engineering Master Service Agreement between the City of McHenry and Stanley Consultants, Inc. for the review of hydrological data related to the Super Aggregates McHenry Lakes Project and authorization to execute said Master Service Agreement. (Staff) Alderwoman Bassi wanted to know the total cost, it was confirmed by Director Polerecky that it is paid for by Jack Pease of Super Aggregates. Alderman McClatchey wanted to know the age of the data that is being used , per Director Polerecky this will be all new data that will be acquired. A motion was made by Alderman Bassi and seconded by Alder man Strach to approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 26 City of McHenry Council Meeting Minutes 7.17.23 5 B. Ordinance Amending Title 11, Chapter 9: Commercial Districts of the McHenry Municipal Code, and by Amending Title 15-1-1: Fines and Penalties. (Deputy City Clerk Johnson) C. Proposal from Alliance Contractors, Inc. in the amount of $24,905 for the installation of a concrete bridge deck sealer on the Pearl Street Bridge and authorization to execute the said proposal. (Public Works Director Strange) G. Ordinance Amending Title 4, Chapter 2: Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Deputy City Clerk Johnson) K. Parks & Recreation Facilities & Special Use Permit Requests; L. June 19, 2023, City Council Meeting Minutes; M . Issuance of Checks in the amount of $2,004,587.56; N. As Needed Checks in the amount of $647,556.59. A motion was made by Alderman Santi and seconded by Alderman McClatchey t o approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. *Clerks Note: This item was pulled b y Alderman Glab D. Task Order #3 in the amount of $41,280 with Baxter & Woodman, Inc. for Professional Design Services for the Riverside Sidewalk Gap Project and authorization to execute said Task Order #3. (Public Works Director Strange) 27 City of McHenry Council Meeting Minutes 7.17.23 6 Alderman Glab wanted to know why this kind of money is being spent and wanted this to be put on hold. Stated that a minimal amount of people would use this for the amount it is costing. Alderman Strach reminded the council that this was a continuation of the council’s approval of the 4-mile loop that was approved a few years ago by Director Martin and Alderman Strach when he was part of the Planning and Zoning. This will help with the remaining cost of the project. Is not in favor of post-phoning this since this has been going on for a long time over three years. Alderman McClatchey supported what Alderman Strach expressed and that it is great that this is being approved, many are asking about it. Alderwoman Bassi commented that she walks in that area and without the sidewalks, it is dangerous to walk. She wanted to know if we have the funds if approved as asked by Director Lynch, confirmed by her as budget approved. Alderman Koch wanted to know why we are involved in the township jurisdiction, per Dir ector Polerecky because it was not annexed this year and therefore it is still under the Township. Mayor Jett stated that he would have no issues going to the McHenry Township regarding the funding as well. Alderwoman Miller, thinking about the why of the project. We own property to the South and the North, and that is why we do not see many walking, it would be nice to add continuity. When she was on Planning and Zoning years ago, the talk about the loop from start to finish was part of the larger plan, the study would be in the resident’s best interest and she speaks in favor of this. A motion was made by Alderman McClatchey and seconded by Alderman Strach t o approve Consent Agenda Item as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderwoman Miller. 2-nays- Alderman Glab, Alderman Koch. 0-abstained. Motion carried. *Clerks Note- item pulled by Alderwoman Bassi E. Ordinance authorizing the Mayor and Deputy City Clerk to execute an addendum to the agreement between the City of McHenry and Flood Brothers Disposal Company which amends the specifications and terms for the Leaf Collection Program per direction from City Council on June 19, 2023. (Public Works Director Strange) 28 City of McHenry Council Meeting Minutes 7.17.23 7 This item was asked to be pulled for a separate vote from the Consent Agenda Items. Alderman Glab also wanted it on record that the residents had paid for services that the y are not fully getting because of this addendum. A motion was made by Alderwoman Bassi and seconded by Alderwoman Miller to approve Consent Agenda Item as presented: Roll Call: Vote: 4-ayes: Alderman Santi, Alderman McClatchey, Alderman Strach, Alderwoman Miller. 3-nays- Alderwoman Bassi, Alderman Glab, Alderman Koch. 0-abstained. Motion carried. *Clerks note- this item was pulled by Alderman Koch F. Ordinance authorizing the Mayor and Deputy City Clerk to sign and execute the attached amended collective bargaining agreement between the City of McHenry and the Illinois Fraternal Order of Police through April 30, 2025. (Police Chief Birk) Alderman Koch asked about overtime and how this was paid out. Per Chief Birk, the current contract therefore there has been no change there and this is covered by the budget. A motion was made by Alderman Strach and seconded by Alderman McClatchey to approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays. 0-abstained. Motion carried. *Clerks note -item pulled by Alderwoman Bassi H. Ordinance Amending Title 9-2C-5, Subsection B and Title 9-4B-1, Subsection F of the McHenry Municipal Code about Waterworks and Wastewater Rates. (Finance Director Lynch) Alderwoman Bassi had requested this be a separate vote. A motion was made by Alderwoman Bassi and seconded by Alderman Strach to approve Consent Agenda Item as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman Strach, Alderman Koch, Alderwoman Miller. 2-nays- Alderwoman Bassi, Alderman McClatchey, 0-abstained. Motion carried. *Clerks Note- item pulled by Alderman Santi J. Block party request on Dale Street on September 19, 2023, from 12:00 noon to 5:00 p.m. (Deputy City Clerk Johnson) A motion was made by Alderman Glab and seconded by Alderwoman Miller to approve Consent Agenda Item as presented: Roll Call: Vote: 6-ayes: Alderman Glab, Alderman 29 City of McHenry Council Meeting Minutes 7.17.23 8 McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch Alderwoman Miller. 0-nays, 1-abstained, Alderman Santi. Motion carried. *Clerks Note: Item pulled by Alderwoman Bassi H. Ordinance Amending Title 9-2C-5, Subsection B and Title 9-4B-1, Subsection F of the McHenry Municipal Code about Waterworks and Wastewater Rates. (Finance Director Lynch) A motion was made by Alderwoman Bassi and seconded by Alderman Strach to approve Consent Agenda Item as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman Strach, Alderman Koch, Alderwoman Miller. 2-nays, Alderwoman Bassi, Alderman McClatchey, 0-abstained. Motion carried. Individual Action Item Agenda A. Façade Grant – 1228 N. Green Street Motion to approve a Façade Grant Application funding request in the amount of $10,000 for the property located at 1228 N. Green Street. (Economic Development Director Martin) Alderman Santi asked the petitioners when the restaurant would be opening, it was estimated that they may open by the end of August to the beginning of September. A motion was made by Alderman Santi and seconded by Alderman McClatchey t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. B. Façade Grant – 3901 Main Street Motion to approve a Façade Grant Application funding request in the amount of $18,261 for the property located at 3901 Main Street. (Economic Development Director Martin) Alderman Koch wanted to know how much was left in the grants, there is $6,000 approx. left for the year. 30 City of McHenry Council Meeting Minutes 7.17.23 9 Alderman Glab wanted to see a list of what has been spent over the years, maybe taking a look at it for the future, seems to be many that are occurring. This will be brought back in the next month or so for a discussion item. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. Discussion Item Agenda: None Staff Reports: Administrator Morefield wanted to state how to add items to the agenda, and wanted to explain how to do so to The Council. Please bring up your items through The City Council Comments, if the majority agrees we can add it to an Agenda Item. Director Hobson, the parade is on Sunday, let him know if you are interested in participating, it starts at 1:30. Mayor’s Report: None City Council Comments:- Alderwoman Bassi, wanted to know if The City website can we list guidelines for residents regarding the air quality and if suggestions such as wearing masks, etc. could be added. Alderman Santi stated that he enjoyed volunteering for Fiesta Days things went well. A motion was made by Alderman Strach seconded by Alderman McClatchey to adjourn to Executive Session at 9:03 p.m. to 5 ILC 120/2(c)(1). The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body Mayor Jett reconvened the meeting from Executive Session at 9:31 p.m. A motion was made by Alderman Strach and seconded by Alderman Santi to return to an open session. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. 31 City of McHenry Council Meeting Minutes 7.17.23 10 Adjourn: A motion was made by Alderman McClatchey and seconded by Alderman Koch to adjourn the meeting at 9:35. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach , Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 32 Expense Approval Register   McHenry, IL List of Bills Council Meeting ‐ 8‐7‐23       Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: BAKER & SON CO, PETER  BAKER & SON CO, PETER  42197  08/07/2023  SFC  100‐33‐6110  74.24 Vendor BAKER & SON CO, PETER Total:   74.24   Vendor: CINTAS CORPORATION LOC 355  CINTAS CORPORATION LOC 355  14943373 6‐30‐23  08/07/2023  MTHLYL STMT  100‐03‐5120  103.24 CINTAS CORPORATION LOC 355  14943373 6‐30‐23  08/07/2023  MTHLYL STMT  100‐33‐4510  306.70 CINTAS CORPORATION LOC 355    14943373 6‐30‐23    08/07/2023    MTHLYL STMT    100‐33‐6110    522.95 CINTAS CORPORATION LOC 355    INV0014877    08/07/2023    MTHLY STMT    510‐32‐4510    708.38 Vendor CINTAS CORPORATION LOC 355 Total:   1,641.27   Vendor: COMED  COMED    INV0014878    08/07/2023    UTIL    510‐32‐5510    48.08 COMED    INV0014879    08/07/2023    UTIL    100‐33‐5520    27.05 Vendor COMED Total:   75.13   Vendor: CONSTELLATION NEWENERGY INC  CONSTELLATION NEWENERGY    INV0014880    08/07/2023    UTIL    100‐33‐5520    40,119.61 CONSTELLATION NEWENERGY    INV0014880    08/07/2023    UTIL    100‐44‐5510    75.29 Vendor CONSTELLATION NEWENERGY INC Total:   40,194.90   Vendor: CURRAN CONTRACTING COMPANY  CURRAN CONTRACTING    21978    08/07/2023    STREETS MFT 2023    270‐00‐8600    745,496.12 Vendor CURRAN CONTRACTING COMPANY Total: 745,496.12   Vendor: FOX VALLEY FIRE & SAFETY  FOX VALLEY FIRE & SAFETY  IN00616244  08/07/2023  AUTHENTIX BLDG 12  225‐00‐5110  195.00 Vendor FOX VALLEY FIRE & SAFETY Total:   195.00   Vendor: GOVERNMENTJOBS.COM, INC  GOVERNMENTJOBS.COM, INC    INV‐23670    08/07/2023    HR PERFORM    620‐00‐5110    7,947.29 Vendor GOVERNMENTJOBS.COM, INC Total:   7,947.29   Vendor: GUTIERREZ, JACOB  GUTIERREZ, JACOB    INV0014881    08/07/2023    2ND PL MENS S SOFTBALL    100‐41‐3637    200.00 Vendor GUTIERREZ, JACOB Total:   200.00   Vendor: HLR  HLR    20231573    08/07/2023    DARTMOOR DR RESURF PH III    100‐33‐5300    28,671.75 Vendor HLR Total: 28,671.75   Vendor: ILLINOIS CITY/COUNTY MANAGEMENT ASSOC  ILLINOIS CITY/COUNTY  INV0014882  08/01/2023  ANNUAL DUES ‐ D MOREFIELD  100‐01‐5410  411.50 Vendor ILLINOIS CITY/COUNTY MANAGEMENT ASSOC Total:   411.50   Vendor: KOZAK, CODY  KOZAK, CODY    INV0014883    08/07/2023    PGM CXL    100‐41‐3636    24.00 Vendor KOZAK, CODY Total:   24.00   Vendor: MANEVAL CONSTRUCTION CO INC  MANEVAL CONSTRUCTION CO    10622    08/07/2023    C H P LOT PROJECT    445‐00‐8900    417,796.19 Vendor MANEVAL CONSTRUCTION CO INC Total:   417,796.19   Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK  MCANDREWS PC, THE LAW    JULY2023    08/07/2023    TRAFFIC JULY 2023    100‐01‐5230    4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00   Vendor: NICOR GAS  NICOR GAS  INV0014884  08/07/2023  UTILITIES  100‐42‐5510  930.99 NICOR GAS    INV0014884    08/07/2023    UTILITIES    100‐43‐5510    58.42 NICOR GAS    INV0014884    08/07/2023    UTILITIES    100‐45‐5510    136.55 NICOR GAS    INV0014884    08/07/2023    UTILITIES    100‐46‐5510    27.85 NICOR GAS  INV0014884  08/07/2023  UTILITIES  400‐00‐5510  444.82     8/2/2023 11:12:20 AM   33 Expense Approval Register Packet: APPKT02756 ‐ 8‐7‐23 AP CKS   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   NICOR GAS    INV0014885    08/07/2023    UTIL    510‐31‐5510    336.36 NICOR GAS    INV0014885    08/07/2023    UTIL    510‐32‐5510    5,911.10 Vendor NICOR GAS Total:   7,846.09   Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD  OTTOSEN DINOLFO    156281    08/07/2023    LABOR    100‐01‐5230    321.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total:   321.00   Vendor: PETERSON, DEAN  PETERSON, DEAN    INV0014886    08/07/2023    2ND PL CO‐ED SOFTBALL FRI    100‐41‐3637    100.00 Vendor PETERSON, DEAN Total: 100.00   Vendor: PREUCIL, JONI  PREUCIL, JONI  INV0014887  08/07/2023  1ST PLACE COED SOFTBALL FRI  100‐41‐3637  175.00 Vendor PREUCIL, JONI Total:   175.00   Vendor: ROBINSON ENGINEERING LTD  ROBINSON ENGINEERING LTD    23070283    08/07/2023    N RIVERSIDE DR P LOT    100‐01‐8900    2,516.50 Vendor ROBINSON ENGINEERING LTD Total:   2,516.50   Vendor: SHAW MEDIA  SHAW MEDIA    10474 7‐31‐23    08/07/2023    MTHLY    740‐00‐5220    353.18 Vendor SHAW MEDIA Total:   353.18   Vendor: SMITH, ROBBIE   SMITH, ROBBIE     23775    08/07/2023    PGM CXL    100‐41‐3636    58.00 Vendor SMITH, ROBBIE  Total: 58.00   Vendor: TREASURER STATE OF ILLINOIS  TREASURER STATE OF ILLINOIS  125734  08/07/2023  PEARL STREET  270‐00‐8600  23,603.24 Vendor TREASURER STATE OF ILLINOIS Total:   23,603.24   Vendor: US BANK EQUIPMENT FINANCE  US BANK EQUIPMENT FINANCE    506576875    08/01/2023    PW COPIER    620‐00‐5110    336.21 US BANK EQUIPMENT FINANCE  505809558  08/07/2023  CH COPIERS  620‐00‐5110  658.42 Vendor US BANK EQUIPMENT FINANCE Total:   994.63   Vendor: VILLASENOR, ANGIE  VILLASENOR, ANGIE    INV0014889    08/07/2023    PGM CXL    100‐41‐3637    47.00 Vendor VILLASENOR, ANGIE Total:   47.00   Vendor: WOELKE, TIM  WOELKE, TIM    INV0014890    08/07/2023    1ST PL SUMMER SOFTBALL    100‐41‐3637    300.00 Vendor WOELKE, TIM Total:   300.00   Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE  ZUKOWSKI ROGERS FLOOD &    162804    08/07/2023    CORP    100‐01‐5230    9,273.75 ZUKOWSKI ROGERS FLOOD &    162805    08/07/2023    TRAFFIC    100‐01‐5230    3,699.54 ZUKOWSKI ROGERS FLOOD &    162806    08/07/2023    JACK PEASE    740‐00‐5220    5,365.00 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:   18,338.29        Grand Total: 1,301,380.32         8/2/2023 11:12:20 AM   34 Expense Approval Register Packet: APPKT02756 ‐ 8‐7‐23 AP CKS     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND    92,180.93     225 ‐ ALARM BOARD FUND  195.00    270 ‐ MOTOR FUEL TAX FUND    769,099.36     400 ‐ RECREATION CENTER FUND    444.82     445 ‐ CAPITAL ASSET MAINTENANCE & REPLACEMENT    417,796.19     510 ‐ WATER/SEWER FUND    7,003.92     620 ‐ INFORMATION TECHNOLOGY FUND  8,941.92    740 ‐ RETAINED PERSONNEL ESCROW    5,718.18     Grand Total:   1,301,380.32                 35 Expense Approval Register   McHenry, IL #2 List of Bills Council Meeting ‐ 8‐7‐23       Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: AMAZON CAPITAL SERVICES  AMAZON CAPITAL SERVICES  #13H6‐XYT7‐MDQH  08/07/2023  Equipment repairs   100‐45‐5370  265.68 AMAZON CAPITAL SERVICES    #1V4W‐FHLD‐MP9F    08/07/2023    Riverwalk Supplies    100‐45‐6110    311.91 AMAZON CAPITAL SERVICES    13H6‐XYT7‐MDQH    08/07/2023    Park supplies    100‐45‐6110    187.76 AMAZON CAPITAL SERVICES  1MJ7‐L4QF‐NVPV  08/07/2023  ID Card Printer Ribbon  620‐00‐6210  62.64 AMAZON CAPITAL SERVICES  1V4R‐XTRD‐N9DP  08/07/2023  Chair mats  100‐03‐6210  149.99 AMAZON CAPITAL SERVICES    1V4W‐FHLD‐MP9F    08/07/2023    Shop Supplies: pickers    100‐45‐6110    91.14 AMAZON CAPITAL SERVICES    1VC4‐JW19‐KWMJ    08/07/2023    Office Supplies    100‐22‐6210    156.45 AMAZON CAPITAL SERVICES    1YCM‐RLMM‐M44N    08/07/2023    Dry Erase Board for MMAC    100‐42‐6110    67.09 Vendor AMAZON CAPITAL SERVICES Total:   1,292.66   Vendor: APPLIED CONCEPTS INC  APPLIED CONCEPTS INC    421912    08/07/2023    Radar units    100‐22‐8300    9,686.00 Vendor APPLIED CONCEPTS INC Total:   9,686.00   Vendor: AQUA ILLINOIS  AQUA ILLINOIS    MS‐4525103    08/07/2023    AQUA READS 5/20/23‐7/19/23    510‐32‐5110    161.10 Vendor AQUA ILLINOIS Total: 161.10   Vendor: AT&T  AT&T  2053540801  08/07/2023  Voice Over IP ‐ IP‐Flex  620‐00‐5320  379.18 Vendor AT&T Total:   379.18   Vendor: AUTO TECH CENTERS INC  AUTO TECH CENTERS INC    INV081122    08/07/2023    323     081122    100‐22‐5370    679.84 Vendor AUTO TECH CENTERS INC Total:   679.84   Vendor: B & B NETWORKS, INC  B & B NETWORKS, INC    28129    08/07/2023    Mitel  Phone Support &    620‐00‐5110    8,840.35 B & B NETWORKS, INC    28175    08/07/2023    Mitel Support    620‐00‐5110    800.00 Vendor B & B NETWORKS, INC Total:   9,640.35   Vendor: BAKER & SON CO, PETER  BAKER & SON CO, PETER    42435    08/07/2023    N70 Surface ‐ Melrose Ct Water    510‐31‐6110    459.36 Vendor BAKER & SON CO, PETER Total:   459.36   Vendor: BANK OF NEW YORK MELLON, THE  BANK OF NEW YORK MELLON,    #252‐2564392    08/07/2023    9/11/23‐9/10/24 2012 BOND    510‐31‐7300    310.73 BANK OF NEW YORK MELLON,    252‐2564382    08/07/2023    9/11/23‐9/10/24 2012 BOND    300‐00‐7300    117.27 Vendor BANK OF NEW YORK MELLON, THE Total: 428.00   Vendor: BASELEY, BENJAMIN  BASELEY, BENJAMIN    7‐14‐23    08/07/2023    Double B Summer Camp    100‐47‐5110    800.00 Vendor BASELEY, BENJAMIN Total: 800.00   Vendor: BLUE LINE, THE  BLUE LINE, THE  44655  08/07/2023  Lateral Telecommunicator  100‐23‐5110  298.00 Vendor BLUE LINE, THE Total:   298.00   Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC    67120    08/07/2023    custodial supplies     400‐00‐6111    208.72 CABAY & COMPANY INC    67120    08/07/2023    custodial supplies     400‐40‐6110    99.13 CABAY & COMPANY INC  67325  08/07/2023  custodial supplies  400‐00‐6111  215.11 CABAY & COMPANY INC    67325    08/07/2023    custodial supplies    400‐40‐6110    198.26 CABAY & COMPANY INC    68134    08/07/2023    Cleaning supplies    100‐45‐6110    81.60 CABAY & COMPANY INC  68165  08/07/2023  custodial supplies  400‐00‐6111  254.14 CABAY & COMPANY INC  68165  08/07/2023  custodial supplies  400‐40‐6110  99.13 CABAY & COMPANY INC    68238    08/07/2023    Bathroom supplies     100‐45‐6110    347.00 Vendor CABAY & COMPANY INC Total: 1,503.09       8/2/2023 11:14:13 AM   36 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: CASTLE AUTOMOTIVE GROUP  CASTLE AUTOMOTIVE GROUP    5106810    08/07/2023    805 (5106810)    510‐35‐5370    32.16 Vendor CASTLE AUTOMOTIVE GROUP Total:   32.16   Vendor: CDW GOVERNMENT INC  CDW GOVERNMENT INC    KS56030    08/07/2023    AXIS 128GB MicroSD    620‐00‐6270    79.87 Vendor CDW GOVERNMENT INC Total:   79.87   Vendor: CENTURY SPRINGS  CENTURY SPRINGS    2123092    08/07/2023    Lab Water INV# 2123092    510‐32‐6110    34.86 CENTURY SPRINGS    2131205    08/07/2023    Lab Water INV# 2131205    510‐32‐6110    44.15 Vendor CENTURY SPRINGS Total:   79.01   Vendor: CINTAS   CINTAS     5166478969    08/07/2023    FIrst Aid kit    100‐45‐5110    65.75 Vendor CINTAS  Total: 65.75   Vendor: CLEAN BEE CLEANING SERVICES INC  CLEAN BEE CLEANING SERVICES  189117  08/07/2023  Carpet Cleaning  400‐00‐5110  882.90 Vendor CLEAN BEE CLEANING SERVICES INC Total:   882.90   Vendor: CONDUENT HR SERVICES LLC  CONDUENT HR SERVICES LLC    1688728    08/07/2023    JUNE HSA SERVICES    600‐00‐6960    67.50 Vendor CONDUENT HR SERVICES LLC Total:   67.50   Vendor: CONNEY SAFETY PRODUCTS  CONNEY SAFETY PRODUCTS    06180392    08/07/2023    First Aid Supplies    100‐42‐6110    165.00 CONNEY SAFETY PRODUCTS    06180392    08/07/2023    First Aid Supplies    100‐47‐6110    271.06 Vendor CONNEY SAFETY PRODUCTS Total:   436.06   Vendor: DAHM ENTERPRISES, INC  DAHM ENTERPRISES, INC    1835    08/07/2023    June Disposal Invoice # 1835    510‐32‐5580    540.27 Vendor DAHM ENTERPRISES, INC Total:   540.27   Vendor: DIRECT FITNESS SOLUTIONS  DIRECT FITNESS SOLUTIONS    0582642‐IN    08/07/2023    equipment service call    400‐40‐5375    130.00 Vendor DIRECT FITNESS SOLUTIONS Total: 130.00   Vendor: DISCMANIA INC  DISCMANIA INC  DGP1032  08/07/2023  Disc Golf Course Layout  280‐41‐8800  1,500.00 Vendor DISCMANIA INC Total:   1,500.00   Vendor: DURA WAX COMPANY INC, THE  DURA WAX COMPANY INC, THE    424160    08/07/2023    City wide cleaning supplies    100‐01‐6110    4,254.00 Vendor DURA WAX COMPANY INC, THE Total:   4,254.00   Vendor: DUSTY'S DC ELECTRIC AND POWDER COATING  DUSTY'S DC ELECTRIC AND    014553    08/07/2023    Plt 4 Generator starter rebuild    510‐31‐6110    275.00 Vendor DUSTY'S DC ELECTRIC AND POWDER COATING Total:   275.00   Vendor: EBY GRAPHICS INC  EBY GRAPHICS INC    10902    08/07/2023    Plaque Decals/Update hours on    100‐22‐6210    70.00 Vendor EBY GRAPHICS INC Total: 70.00   Vendor: ED'S RENTAL & SALES INC  ED'S RENTAL & SALES INC  395716‐1  08/07/2023  Concrete buggy  100‐33‐6110  1,344.00 Vendor ED'S RENTAL & SALES INC Total:   1,344.00   Vendor: EJ USA INC  EJ USA INC    110230044155    08/07/2023    Sanitary covers    510‐32‐6110    1,485.80 EJ USA INC  110230051466  08/07/2023  storm covers  100‐33‐6110  802.38 Vendor EJ USA INC Total:   2,288.18   Vendor: ENDUSTRA FILTER MANUFACTURERS  ENDUSTRA FILTER    P232630‐4    08/07/2023    SBR/Sludge Blower Air Filters     510‐32‐5375    1,317.85 Vendor ENDUSTRA FILTER MANUFACTURERS Total:   1,317.85   Vendor: FIRE HOUSE GYM  FIRE HOUSE GYM    5/16‐6/17/23    08/07/2023    Fire House May‐June    100‐47‐5110    1,455.50 Vendor FIRE HOUSE GYM Total:   1,455.50       8/2/2023 11:14:13 AM   37 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: FISCHER BROS FRESH  FISCHER BROS FRESH    20428    08/07/2023    Timothy/Young Storm Sewer    100‐33‐6110    1,157.50 FISCHER BROS FRESH  20456  08/07/2023  Concrete for Lillian St Water  510‐31‐6110  627.00 FISCHER BROS FRESH    20457    08/07/2023    Concrete for Sidewalk Survey    100‐33‐6110    1,126.75 FISCHER BROS FRESH    20483    08/07/2023    Bromley Water Main Break    510‐31‐6110    1,113.25 FISCHER BROS FRESH    20496    08/07/2023    Sidewalk Survey Concrete    100‐33‐6110    627.00 FISCHER BROS FRESH    20497    08/07/2023    Riverside Water Service Repair    510‐31‐6110    448.00 FISCHER BROS FRESH  20508  08/07/2023  Melrose Ct Service Leak #20508  510‐31‐6110  818.38 FISCHER BROS FRESH    20543    08/07/2023    Concrete for sidewalk survey    100‐33‐6110    944.00 FISCHER BROS FRESH    20559    08/07/2023    Concrete for sidewalk survey    100‐33‐6110    1,038.25 Vendor FISCHER BROS FRESH Total:   7,900.13   Vendor: FLOOD BROTHERS DISPOSAL  FLOOD BROTHERS DISPOSAL    6940051    08/07/2023    Garbage Stickers #6940051    100‐01‐6110    6,200.00 Vendor FLOOD BROTHERS DISPOSAL Total: 6,200.00   Vendor: FOLDING PARTITION SERVCES, INC  FOLDING PARTITION SERVCES,    12297    08/07/2023    Folding Wall Repair    400‐00‐5375    1,493.00 Vendor FOLDING PARTITION SERVCES, INC Total:   1,493.00   Vendor: FOXCROFT MEADOWS INC  FOXCROFT MEADOWS INC    1016    08/07/2023    Seed, blanket, staples for    100‐33‐6110    906.50 Vendor FOXCROFT MEADOWS INC Total:   906.50   Vendor: GALLS LLC  GALLS LLC    025055547    08/07/2023    OC Spray    100‐22‐6270    842.05 GALLS LLC    025099006    08/07/2023    Uniform Order ‐ ear pieces    100‐22‐4510    40.30 GALLS LLC  025111301  08/07/2023  Uniform Order ‐ Polidori  100‐22‐4510  66.41 GALLS LLC    025111313    08/07/2023    Uniform Order ‐ Beidelman    100‐23‐4510    50.83 Vendor GALLS LLC Total: 999.59   Vendor: GARAVENTA USA INC ANTIOCH  GARAVENTA USA INC ANTIOCH  53806  08/07/2023  New PW Lift/Elevator Phone  100‐33‐5110  1,140.00 Vendor GARAVENTA USA INC ANTIOCH Total:   1,140.00   Vendor: GOLD MEDAL PRODUCTS  GOLD MEDAL PRODUCTS    404496    08/07/2023    Invoice 404496    100‐44‐6110    511.67 Vendor GOLD MEDAL PRODUCTS Total:   511.67   Vendor: GRAINGER  GRAINGER    9759067789    08/07/2023    Photo eye for water tower 4    510‐31‐6110    34.97 GRAINGER    9761989012    08/07/2023    Eye wash stations    510‐31‐6110    73.98 Vendor GRAINGER Total:   108.95   Vendor: GREEN DOOR PROMOTIONS LLC  GREEN DOOR PROMOTIONS    23‐2344    08/07/2023    Event ‐ River Run T‐shirts    100‐46‐6920    2,146.50 GREEN DOOR PROMOTIONS    23‐2346    08/07/2023    Camp ‐ T‐shirts    100‐46‐6112    420.75 Vendor GREEN DOOR PROMOTIONS LLC Total:   2,567.25   Vendor: HALOGEN SUPPLY COMPANY  HALOGEN SUPPLY COMPANY    600565    08/07/2023    Vacuum Motor Parts    100‐42‐6110    386.46 Vendor HALOGEN SUPPLY COMPANY Total: 386.46   Vendor: HAWKINS INC  HAWKINS INC    6524106    08/07/2023    Chemical Delivery #6524106    510‐32‐6110    7,808.60 HAWKINS INC    6525569    08/07/2023    Hawkins demurrage    510‐31‐6110    20.00 Vendor HAWKINS INC Total:   7,828.60   Vendor: HDR, INC  HDR, INC    INV0014891    08/07/2023    HDR ENGINEERING, INC.    100‐03‐5110    16,000.00 Vendor HDR, INC Total: 16,000.00   Vendor: HEARTLAND BUSINESS SYSTEMS, LLC  HEARTLAND BUSINESS  619455‐H  08/07/2023  Microsoft Monthly M365  620‐00‐5110  4,372.50 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:   4,372.50   Vendor: HERITAGE‐CRYSTAL CLEAN LLC  HERITAGE‐CRYSTAL CLEAN LLC    18109746    08/07/2023    Parts Washer Service  INV#    510‐32‐6110    251.52     8/2/2023 11:14:13 AM   38 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   HERITAGE‐CRYSTAL CLEAN LLC    18109775    08/07/2023    Solvent Tank Cleaner Invoice    100‐33‐6110    251.52 Vendor HERITAGE‐CRYSTAL CLEAN LLC Total:   503.04   Vendor: HEY AND ASSOCIATES INC  HEY AND ASSOCIATES INC    16610    08/07/2023    Miller Boatlaunch Wetland    100‐33‐5110    1,229.05 HEY AND ASSOCIATES INC    16854    08/07/2023    Miller Boatlaunch Wetland    100‐33‐5110    838.75 Vendor HEY AND ASSOCIATES INC Total:   2,067.80   Vendor: HOT SHOTS SPORTS  HOT SHOTS SPORTS    3038    08/07/2023    Invoice 3038    100‐47‐5110    4,190.55 Vendor HOT SHOTS SPORTS Total: 4,190.55   Vendor: INFOSEND, INC  INFOSEND, INC  INV0014892  08/07/2023  JUNE W/S PRINTING &  100‐04‐5310  4,612.44 INFOSEND, INC    INV0014892    08/07/2023    JUNE W/S PRINTING &    100‐04‐5330    1,458.68 Vendor INFOSEND, INC Total: 6,071.12   Vendor: IN‐PIPE TECHNOLOGY COMPANY INC  IN‐PIPE TECHNOLOGY  2362  08/07/2023  Monthly Invoice # 2362  510‐32‐5110  8,525.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total:   8,525.00   Vendor: INTERSTATE ALL BATTERY CENTER  INTERSTATE ALL BATTERY    1903701053092    08/07/2023    Recreation Center repairs    400‐00‐6110    38.90 Vendor INTERSTATE ALL BATTERY CENTER Total:   38.90   Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE    3033242119    08/07/2023    415 (3033242119)    100‐33‐5370    978.82 INTERSTATE BILLING SERVICE    3033316980    08/07/2023    408 (3033316980)    100‐33‐5370    405.98 INTERSTATE BILLING SERVICE  3033392792  08/07/2023  408 (3033392792)  100‐33‐5370  575.00 Vendor INTERSTATE BILLING SERVICE INC Total:   1,959.80   Vendor: IT'S RACE TIME INC  IT'S RACE TIME INC    1856    08/07/2023    Event ‐ River Run Timing    100‐46‐6920    1,021.25 Vendor IT'S RACE TIME INC Total:   1,021.25   Vendor: JG UNIFORMS INC  JG UNIFORMS INC    #118085    08/07/2023    Vest Cover ‐ McKeen    100‐22‐4510    202.74 JG UNIFORMS INC    118076    08/07/2023    Vest Cover ‐ Templin    100‐22‐4510    200.00 JG UNIFORMS INC  118085  08/07/2023  Vest Cover ‐ J. Ducak  100‐22‐4510  187.75 JG UNIFORMS INC  118086  08/07/2023  Vest Covers ‐ Pedersin/Meyers  100‐22‐4510  405.49 Vendor JG UNIFORMS INC Total:   995.98   Vendor: KIMBALL MIDWEST  KIMBALL MIDWEST  101233826  08/07/2023  kimball stock (101233826)  100‐33‐5370  276.87 KIMBALL MIDWEST    101254709    08/07/2023    kimball stock (101254709)    100‐33‐5370    271.12 Vendor KIMBALL MIDWEST Total:   547.99   Vendor: KUJO INC  KUJO INC  2302‐4  08/07/2023  BV Rd. Bridge Guardrail Repair  610‐00‐5980  5,800.00 Vendor KUJO INC Total:   5,800.00   Vendor: LGMC LEADERSHIP  LGMC LEADERSHIP    724‐127    08/07/2023    2023/2024 Core Program ‐    100‐22‐5430    3,950.00 Vendor LGMC LEADERSHIP Total:   3,950.00   Vendor: LIFEGUARD STORE INC, THE  LIFEGUARD STORE INC, THE    INV001336313    08/07/2023    Hip Packs for LG's    100‐42‐6110    48.50 Vendor LIFEGUARD STORE INC, THE Total:   48.50   Vendor: LINCOLN AQUATICS  LINCOLN AQUATICS  38321489  08/07/2023  Invoice 3831489 Diving Boards  100‐41‐8300  11,534.20 Vendor LINCOLN AQUATICS Total:   11,534.20   Vendor: LIT N GLOW ELECTRIC, INC  LIT N GLOW ELECTRIC, INC    4780    08/07/2023    Green St. Municipal Lot    620‐00‐8300    2,183.00 Vendor LIT N GLOW ELECTRIC, INC Total:   2,183.00   Vendor: MARENGO MATERIALS  MARENGO MATERIALS    4935M    08/07/2023    Creek Baskets Willow/Meadow    100‐33‐6110    795.94 Vendor MARENGO MATERIALS Total:   795.94       8/2/2023 11:14:13 AM   39 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: MCCANN INDUSTRIES INC  MCCANN INDUSTRIES INC    P43177    08/07/2023    Double head 16 Nails,20" saw    100‐33‐6110    534.52 MCCANN INDUSTRIES INC  P43433  08/07/2023  Lath for FIesta Days signs  100‐33‐6110  208.08 MCCANN INDUSTRIES INC    P43608    08/07/2023    811 (p43608)    510‐35‐5370    1,435.00 MCCANN INDUSTRIES INC    P43853    08/07/2023    810 (p43853)    510‐35‐5370    64.50 MCCANN INDUSTRIES INC    P43969    08/07/2023    810 (p43969)    510‐35‐5370    969.33 Vendor MCCANN INDUSTRIES INC Total:   3,211.43   Vendor: MCHENRY COUNTY SHERIFF'S OFICE  MCHENRY COUNTY SHERIFF'S    1013    08/07/2023    Training Facility    100‐22‐5430    5,000.00 Vendor MCHENRY COUNTY SHERIFF'S OFICE Total:   5,000.00   Vendor: MCHENRY POWER EQUIPMENT INC  MCHENRY POWER EQUIPMENT  554522  08/07/2023  Weed Whip head  100‐33‐6110  26.45 MCHENRY POWER EQUIPMENT    556233    08/07/2023    Weed Whip Head    100‐33‐6110    28.19 Vendor MCHENRY POWER EQUIPMENT INC Total:   54.64   Vendor: MCHENRY SAVINGS BANK  MCHENRY SAVINGS BANK    52073341 7‐14‐23    08/07/2023    8/20 LOAN PAYMENT ‐ GREEN    200‐00‐7600    1,116.41 MCHENRY SAVINGS BANK    52073341 7‐14‐23    08/07/2023    8/20 LOAN PAYMENT ‐ GREEN    200‐00‐7610    32,493.57 Vendor MCHENRY SAVINGS BANK Total: 33,609.98   Vendor: MCHENRY SPECIALTIES  MCHENRY SPECIALTIES    2023‐585    08/07/2023    River Run ‐ Extra Medals    100‐46‐6920    15.00 MCHENRY SPECIALTIES    2023‐588    08/07/2023    Summer MMAC Awards    100‐42‐6110    66.00 Vendor MCHENRY SPECIALTIES Total: 81.00   Vendor: MEADE INC  MEADE INC    705425    08/07/2023    Traffic Signal Maintenance    100‐33‐5110    96.50 Vendor MEADE INC Total: 96.50   Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC  MENDEZ LANDSCAPING &    15289    08/07/2023    15289    100‐03‐5120    450.00 MENDEZ LANDSCAPING &  15294  08/07/2023  Recreation Center: Contracual  400‐00‐5110  475.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total:   925.00   Vendor: MID AMERICAN WATER OF WAUCONDA INC  MID AMERICAN WATER OF  261041W  08/07/2023  Miller Point plumbing  100‐45‐6110  470.80 MID AMERICAN WATER OF  261091W  08/07/2023  12"cap, 12"mega lugs,Poly pipe  510‐31‐6110  1,091.00 MID AMERICAN WATER OF    261861W    08/07/2023    Hymax coiplings, 3/4 curbstops    510‐31‐6110    1,285.98 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 2,847.78   Vendor: MIDLAND STANDARD ENGINEERING & TESTING, INC  MIDLAND STANDARD    270315    08/07/2023    2023 Road Program ‐ QA    100‐33‐5300    4,646.75 MIDLAND STANDARD    270407    08/07/2023    2023 Road Program ‐ QA    100‐33‐5300    2,621.00 Vendor MIDLAND STANDARD ENGINEERING & TESTING, INC Total: 7,267.75   Vendor: MIDWEST POWER INDUSTRY, INC  MIDWEST POWER INDUSTRY,  1251  08/07/2023  sioux tower gen (1251)  510‐31‐5370  165.00 Vendor MIDWEST POWER INDUSTRY, INC Total:   165.00   Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH    98634    08/07/2023    Notary Stamp JH    100‐04‐6110    39.38 MINUTEMAN PRESS OF MCH  98641  08/07/2023  Fiesta Days no parking signs  100‐33‐6110  220.00 Vendor MINUTEMAN PRESS OF MCH Total:   259.38   Vendor: MULCH CENTER, THE  MULCH CENTER, THE    182357    08/07/2023    Park Supplies    100‐45‐6110    92.00 MULCH CENTER, THE  370367  08/07/2023  Landscape supplies  100‐45‐6110  230.00 Vendor MULCH CENTER, THE Total:   322.00   Vendor: NORTHWESTERN MEDICINE OCC HEALTH  NORTHWESTERN MEDICINE    540972    08/07/2023    New Hires #540972    100‐05‐5110    294.00 NORTHWESTERN MEDICINE  541447  08/07/2023  New Hire, Random #541447  100‐05‐5110  257.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total:   551.00   Vendor: OTTER SALES & SERVICE INC  OTTER SALES & SERVICE INC    36902    08/07/2023    Small Equipment    100‐45‐6270    450.00 Vendor OTTER SALES & SERVICE INC Total:   450.00     8/2/2023 11:14:13 AM   40 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: PETROCHOICE LLC  PETROCHOICE LLC    51260113    08/07/2023    Fuel ‐ UTY ‐ 51260113    510‐35‐6250    797.25 PETROCHOICE LLC  51260124  08/07/2023  51260124  100‐03‐6250  430.00 PETROCHOICE LLC    51260125    08/07/2023    Fuel ‐ WW ‐ 51260125    510‐32‐6250    830.85 PETROCHOICE LLC    51260126    08/07/2023    Fuel ‐ WTR ‐ 51260126    510‐31‐6250    189.77 PETROCHOICE LLC    51260127    08/07/2023    Fuel:51260127    100‐45‐6250    845.97 PETROCHOICE LLC    51260128    08/07/2023    Fuel ‐ STS ‐ 51260128    100‐33‐6250    1,255.29 PETROCHOICE LLC  51260129  08/07/2023  Fuel ‐ 51260129  100‐22‐6250  3,646.73 PETROCHOICE LLC    51267123    08/07/2023    Fuel ‐ UTY ‐ 51267123    510‐35‐6250    287.62 PETROCHOICE LLC    51267132    08/07/2023    Fuel ‐ WW ‐ 51267132    510‐32‐6250    293.73 PETROCHOICE LLC  51267133  08/07/2023  Fuel ‐ WTR ‐ 51267133  510‐31‐6250  71.66 PETROCHOICE LLC  51267134  08/07/2023  Fuel #51267134  100‐45‐6250  587.12 PETROCHOICE LLC    51267135    08/07/2023    Fuel ‐ STS ‐ 51267135    100‐33‐6250    914.55 PETROCHOICE LLC    51267136    08/07/2023    Fuel ‐ 51267136    100‐22‐6250    3,588.93 PETROCHOICE LLC    51272955    08/07/2023    Fuel ‐ UTY ‐ 51272955    510‐35‐6250    214.96 PETROCHOICE LLC  51272966  08/07/2023  Fuel ‐ WW ‐ 51272966  510‐32‐6250  290.94 PETROCHOICE LLC    51272967    08/07/2023    Fuel ‐ WTR ‐ 51272967    510‐31‐6250    176.68 PETROCHOICE LLC    51272968    08/07/2023    Fuel: 51272968    100‐45‐6250    1,082.99 PETROCHOICE LLC    51272969    08/07/2023    Fuel ‐ STS ‐ 51272969    100‐33‐6250    891.04 PETROCHOICE LLC    51272970    08/07/2023    Fuel ‐ 51272970    100‐22‐6250    3,204.84 PETROCHOICE LLC  51278869  08/07/2023  Fuel ‐ WTR ‐ 51278869  510‐31‐6250  216.64 PETROCHOICE LLC    51278870    08/07/2023    Fuel: 51278870    100‐45‐6250    682.61 PETROCHOICE LLC    51278871    08/07/2023    Fuel ‐ STS ‐ 51278871    100‐33‐6250    1,299.28 Vendor PETROCHOICE LLC Total:   21,799.45   Vendor: PETTIBONE & CO, P F  PETTIBONE & CO, P F    184159    08/07/2023    Thermal Printer Paper    100‐22‐6210    275.80 Vendor PETTIBONE & CO, P F Total: 275.80   Vendor: PLATINUM HEATING & COOLING INC  PLATINUM HEATING &  11982  08/07/2023  HVAC Repairs, MCC70 # 11982  510‐32‐5375  5,850.00 Vendor PLATINUM HEATING & COOLING INC Total:   5,850.00   Vendor: POMPS TIRE SERVICE INC  POMPS TIRE SERVICE INC    2100005543    08/07/2023    635 (2100005543)    510‐32‐5370    604.50 POMPS TIRE SERVICE INC  640108792  08/07/2023  Vehicle repairs: Case tires  100‐45‐5370  538.44 Vendor POMPS TIRE SERVICE INC Total:   1,142.94   Vendor: PORTER LEE CORPORATION  PORTER LEE CORPORATION    28856    08/07/2023    Evidence Supplies    100‐22‐6210    279.36 Vendor PORTER LEE CORPORATION Total:   279.36   Vendor: PRIORITY DISPATCH  PRIORITY DISPATCH    724‐134    08/07/2023    EMD Course ‐ Mader    100‐23‐5430    365.00 Vendor PRIORITY DISPATCH Total:   365.00   Vendor: PROSHRED SECURITY  PROSHRED SECURITY    1202539    08/07/2023    Monthly Shredding    100‐22‐5110    80.13 Vendor PROSHRED SECURITY Total: 80.13   Vendor: QUBIT NETWORKS  QUBIT NETWORKS  12930  08/07/2023  Extreme 5320‐48P‐8XE  620‐00‐8300  7,703.90 QUBIT NETWORKS    12932    08/07/2023    Extreme X435‐24P‐4S Switches    620‐00‐8300    2,505.08 Vendor QUBIT NETWORKS Total: 10,208.98   Vendor: R DOUBLE J RANCH  R DOUBLE J RANCH  1151  08/07/2023  Horse Camps   100‐47‐5110  825.00 Vendor R DOUBLE J RANCH Total:   825.00   Vendor: RADAR MAN INC  RADAR MAN INC    5917    08/07/2023    Radar repairs    100‐22‐6110    302.50 Vendor RADAR MAN INC Total:   302.50   Vendor: RUSSO POWER EQUIPMENT  RUSSO POWER EQUIPMENT    SPI20325629    08/07/2023    Equipment repairs    100‐45‐5370    80.00 RUSSO POWER EQUIPMENT    SPI20329516    08/07/2023    Equipment Repairs    100‐45‐5370    269.21     8/2/2023 11:14:13 AM   41 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   RUSSO POWER EQUIPMENT    SPI20329517    08/07/2023    Small Equipment    100‐45‐6270    253.58 Vendor RUSSO POWER EQUIPMENT Total:   602.79   Vendor: SCHOPEN PEST SOLUTIONS INC  SCHOPEN PEST SOLUTIONS INC    76575    08/07/2023    Recreation Center: Pest control    400‐00‐5110    80.00 Vendor SCHOPEN PEST SOLUTIONS INC Total:   80.00   Vendor: SHAW MEDIA  SHAW MEDIA  10105871 7‐31‐23  08/07/2023  Miller Sherriff Station Bid  100‐33‐5110  192.55 SHAW MEDIA    2095874    08/07/2023    N Riverside Dr Parking Lot Ad    100‐33‐5110    172.28 Vendor SHAW MEDIA Total: 364.83   Vendor: SHORE WERKS  SHORE WERKS  221282  08/07/2023  Miller Point Pier Re‐ 290‐00‐8900  22,640.00 Vendor SHORE WERKS Total:   22,640.00   Vendor: SNAPOLOGY OF MCHENRY  SNAPOLOGY OF MCHENRY    1245    08/07/2023    Cont ‐ Snapology Inv. 1245    100‐46‐5110    140.80 SNAPOLOGY OF MCHENRY  1247  08/07/2023  Snapology ‐ Invoice 1247  100‐46‐5110  123.20 Vendor SNAPOLOGY OF MCHENRY Total:   264.00   Vendor: SUNNYSIDE COMPANY  SUNNYSIDE COMPANY    114084    08/07/2023    319 (114084)    100‐22‐5370    446.15 SUNNYSIDE COMPANY  114097  08/07/2023  324 (114097)  100‐22‐5370  415.38 Vendor SUNNYSIDE COMPANY Total:   861.53   Vendor: SUPER AGGREGATES  SUPER AGGREGATES    5001    08/07/2023    Creek Baskets Meadow/WIllow    100‐33‐6110    268.19 Vendor SUPER AGGREGATES Total:   268.19   Vendor: SWAN ANALYTICAL USA INC.  SWAN ANALYTICAL USA INC.    CD10006849    08/07/2023    Shipping costs Cl2 analyzers    510‐31‐6110    85.45 Vendor SWAN ANALYTICAL USA INC. Total:   85.45   Vendor: TEAM REIL INC  TEAM REIL INC    23768    08/07/2023    Playground repairs    100‐45‐6110    1,872.00 Vendor TEAM REIL INC Total: 1,872.00   Vendor: TODAY'S UNIFORMS  TODAY'S UNIFORMS  239883  08/07/2023  Uniform Order ‐ Cruz  100‐22‐4510  75.95 TODAY'S UNIFORMS    239895    08/07/2023    Uniform Order ‐ P. Prather    100‐22‐4510    120.00 TODAY'S UNIFORMS    239923    08/07/2023    Uniform Order ‐ Voelker    100‐22‐4510    102.90 TODAY'S UNIFORMS    240305    08/07/2023    Dispatch Patches    100‐23‐6110    495.00 TODAY'S UNIFORMS  240689  08/07/2023  Uniform Order ‐ J. Prather  100‐22‐4510  85.90 Vendor TODAY'S UNIFORMS Total:   879.75   Vendor: TONYAN, LUCY  TONYAN, LUCY    1223‐431    08/07/2023    Cont ‐ Art Classes    100‐46‐5110    1,116.00 Vendor TONYAN, LUCY Total:   1,116.00   Vendor: TOPS IN DOG TRAINING CORP  TOPS IN DOG TRAINING CORP    26072    08/07/2023    K9 Food/Training/Boarding    100‐22‐6310    534.20 TOPS IN DOG TRAINING CORP    26146    08/07/2023    K9 Legal class ‐ Conway    100‐22‐5430    150.00 Vendor TOPS IN DOG TRAINING CORP Total:   684.20   Vendor: TRAFFIC CONTROL & PROTECTION INC  TRAFFIC CONTROL &    115271    08/07/2023    Street Signs    100‐33‐6110    100.30 TRAFFIC CONTROL &    115275    08/07/2023    No Parking Signs    100‐33‐6110    155.30 Vendor TRAFFIC CONTROL & PROTECTION INC Total:   255.60   Vendor: US JAIL SUPPLY  US JAIL SUPPLY    3440    08/07/2023    Cell blankets    100‐22‐6210    78.95 Vendor US JAIL SUPPLY Total: 78.95   Vendor: USA BLUEBOOK  USA BLUEBOOK  43445  08/07/2023  Maintenance/Safety Supplies #  510‐32‐6110  774.72 USA BLUEBOOK    54860    08/07/2023    Maintenance/Safety Supplies #    510‐32‐6110    27.55 USA BLUEBOOK    61217    08/07/2023    Maintenance/Safety Supplies #    510‐32‐6110    506.00 USA BLUEBOOK    INV00070208    08/07/2023    Lift station parts stock     510‐32‐5380    1,436.57 USA BLUEBOOK  INV00080146  08/07/2023  Pipe Fittings  INV# 00080146  510‐32‐6110  144.13   8/2/2023 11:14:13 AM   42 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   USA BLUEBOOK    INV00081782    08/07/2023    Lab Supplies    510‐32‐6110    765.42 Vendor USA BLUEBOOK Total:   3,654.39   Vendor: VANDERSTAPPEN SURVEYING & ENGINEERING  VANDERSTAPPEN SURVEYING    55953    08/07/2023    Topo Survey ‐ Miller Riverfront    100‐33‐5110    1,900.00 Vendor VANDERSTAPPEN SURVEYING & ENGINEERING Total:   1,900.00   Vendor: VICTOR FORD, INC  VICTOR FORD, INC  172125  08/07/2023  326    172125  100‐22‐5370  71.12 VICTOR FORD, INC    399301    08/07/2023    314 (399301)    100‐22‐5370    1,199.26 Vendor VICTOR FORD, INC Total: 1,270.38   Vendor: VILLAGE OF LAKE IN THE HILLS  VILLAGE OF LAKE IN THE HILLS  2023‐50000101  08/07/2023  Trip ‐ Milwaukee Boat Tour  100‐46‐5110  1,031.40 Vendor VILLAGE OF LAKE IN THE HILLS Total:   1,031.40   Vendor: WAGNER INVESTIGATIVE POLYGRAPH SVS  WAGNER INVESTIGATIVE    2307004    08/07/2023    Pre‐employment Polygraph ‐ J.    100‐21‐5110    150.00 Vendor WAGNER INVESTIGATIVE POLYGRAPH SVS Total:   150.00   Vendor: WELCH BROS INC  WELCH BROS INC    3235147    08/07/2023    24x24 Risers and concrete lids    100‐33‐6110    846.00 Vendor WELCH BROS INC Total:   846.00   Vendor: WOODSTOCK POWERSPORTS  WOODSTOCK POWERSPORTS    24636    08/07/2023    365  24636    100‐22‐5370    91.98 Vendor WOODSTOCK POWERSPORTS Total: 91.98   Vendor: ZOLL MEDICAL CORPORATION  ZOLL MEDICAL CORPORATION  3772581  08/07/2023  AED Batteries  100‐41‐6270  1,389.00 Vendor ZOLL MEDICAL CORPORATION Total:   1,389.00        Grand Total:   277,150.41             8/2/2023 11:14:13 AM   43 Expense Approval Register Packet: APPKT02758 ‐ 8‐7‐23 RECT INV     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND    139,357.62     200 ‐ TOURISM FUND  33,609.98    280 ‐ DEVELOPER DONATION FUND    1,500.00     290 ‐ TIF FUND    22,640.00     300 ‐ DEBT SERVICE‐1997A FUND    117.27     400 ‐ RECREATION CENTER FUND    4,174.29     510 ‐ WATER/SEWER FUND  42,957.23    600 ‐ EMPLOYEE INSURANCE FUND    67.50     610 ‐ RISK MANAGEMENT FUND    5,800.00     620 ‐ INFORMATION TECHNOLOGY FUND  26,926.52    Grand Total:   277,150.41                     44 Department of Community Development  McHenry Municipal Center  333 Green Street  McHenry, Illinois 60050  Phone: (815) 363‐2170  Fax: (815) 363‐2173  www.cityofmchenry.org  AGENDA SUPPLEMENT  TO:  Mayor and City Council  FOR:  August 7, 2023 City Council Meeting  FROM:  Cody Sheriff, City Planner  RE: Action on proposed ordinance authorizing an annexation agreement with Land  Reserves LLC.; approval of an ordinance annexing a 110 acre property located  North of State Route 120 and East of Chapel Hill Road; approval of an ordinance  granting preliminary and final Plat of Subdivision approval for McHenry Lakes  Business Park Subdivision; and approval of an ordinance granting a Zoning Map  Amendment, and Conditional Use Permit for Earth Extraction, processing,  asphalt/concrete recycling, and outdoor storage for the construction of a lake in  conjunction with a gravel pit.   ATT:  1.Super Aggregates – Good Neighbor Brochure 2.Hydrogeological Study & Consultant Review 3.Super Aggregates ‐ Question Response Form 4.Draft Spill Prevention, Containment and Control Plan 5.An Ordinance Authorizing the Execution of an Annexation Agreement Between the City of McHenry and Land Reserves, LLC with respect to 110 Acres Located North of State Route 120 and East of Chapel Hill Road 6.An Ordinance Annexing to the City of McHenry 110 Acres Located North of State Route 120 And East of Chapel Hill Road 7.An Ordinance Granting Approval of a Preliminary and Final Plat of Subdivision of McHenry Lakes Business Park Subdivision in the City of McHenry, McHenry County, Illinois 8.Ordinance Granting a Zoning Map Amendment, and Conditional Use Permit for Earth Extraction, Earth Materials Process Operations, Asphalt/Concrete Recycling Operations, and Outdoor Storage Associated with the Operation of a Gravel Pit and Construction of a Lake 45 Department of Community Development  McHenry Municipal Center  333 Green Street  McHenry, Illinois 60050  Phone: (815) 363‐2170  Fax: (815) 363‐2173  www.cityofmchenry.org        AGENDA ITEM SUMMARY:  The petitioner, Land Reserves LLC. (Super Aggregates), first presented on June 5, 2023 and was  subsequently tabled in order to allow the petitioner time to complete a hydrogeological study.  The study was completed and reviewed by the City’s Environmental Engineer Stanley  Consultants. Stanley Consultants reviewed the submitted study and submitted their report for  the Council’s review. Stanley Consultants will present their findings included in the report  during the Council meeting. Based on the feedback received from City Council, the petitioner  has also revised their submittal to include the following changes:   Elimination of the Primary Crusher   Withdrawn Variation Requests   Hours of operation reduced to 6:00 a.m. to 6:00 p.m. Monday‐Saturday   Paved area added between wash station and IL‐120 access.    Increased strength of enforcement language   Increased number of monitoring wells and initial well water testing requirements  If the City Council Concurs, it is recommended that the City Council make four (4) separate  motions:   1) A motion to approve an Ordinance Authorizing The Execution Of An Annexation  Agreement Between The City Of McHenry And Land Reserves, LLC With Respect To  110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote  required for passage: 6 of 8 City Council members, including the Mayor)  2) A motion to approve an Ordinance Annexing To The City Of McHenry 110 Acres  Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for  passage: 5 of 8 City Council members, including the Mayor)  3) A motion to approve an Ordinance Granting Approval of a Preliminary and Final  Plat of Subdivision of McHenry Lakes Business Park Subdivision in the City of  McHenry, McHenry County, Illinois.  (Vote required for passage: 4 of 7 City Council  members)   46 Department of Community Development  McHenry Municipal Center  333 Green Street  McHenry, Illinois 60050  Phone: (815) 363‐2170  Fax: (815) 363‐2173  www.cityofmchenry.org        4) A motion to approve an Ordinance Granting A Zoning Map Amendment, And  Conditional Use Permit For Earth Extraction, Earth Materials Process Operations,  Asphalt/Concrete Recycling Operations, And Outdoor Storage Associated With The  Operation Of A Gravel Pit And Construction Of A Lake. (Vote required for passage:  4 of 7 City Council members)                                       47 Presented to the City of McHenry By: Jack Pease 7/10/23 48 Table of Contents I. Preface 3 II. Why are Sand/Gravel Aggregates a Necessity in Today’s Society? a. What are Sand/Gravel Aggregates and Where are they Found? 4 b. What are Aggregates Used For? 5-7 c. Annual U.S. Aggregate Consumption 8-9 III. Regulatory Control of Sand/Gravel Pits that Protect the Public a. Federal 10 b. State 10-11 c. Local 12 IV. Super Aggregates Best Management Practices for Common Concerns 12-14 V. Economic Benefits to Local Communities 15 VI. Meeting Demand for Sand/Gravel Aggregates 16-17 VII. Conclusion 18 Good Neighbor Brochure 2/1949 I. Preface The concerns, issues and fears of a sand/gravel pit are not new and too often, these concerns are fueled by disinformation and magnified through the use of today’s social media outlets. Many times, disinformation can be posted online very quickly and multiplied many times through social media outlets and soon the information has the perception of factual information. Persistent online searching can ultimately yield desired and preconceived beliefs. The aggregate industry has evolved over the decades. Equipment noise and exhaust emissions have been greatly improved, mining techniques and best management practices have also evolved and what was a concern to adjacent property owners yesterday has been mitigated today. Existing Local, State and Federal regulations have provided mitigation activities that have safeguarded the environment, public safety and public health near tens of thousands of sand/gravel pits across the US. This has been demonstrated by the coexistence of sand/gravel pits and residential communities for decades in McHenry County. This brochure provides education and information of why aggregates are a necessity in today’s society, the regulatory controls and oversight in aggregate operations, additional best management practices for common cited concerns, reviews the economic benefits to local communities, discusses sand/gravel pit lifecycles and where the industry is heading and differentiates why today’s sand/gravel pits are not the same pits of yesterday. Good Neighbor Brochure 3/1950 II. Why are Sand/Gravel Aggregates a Necessity in Today’s Society? a. What Are Sand/Gravel Aggregates and Where Are They Found? Glaciers not only shaped the area’s landscape but also left behind rich deposits of sand and gravel, collectively referred to as aggregates, which provide an economic resource for the regional construction industry. Counties surrounding McHenry County have not experienced shallow and expansive reserves. McHenry County has a generous natural aggregate reserve as indicated by Figure 1. Figure 1 – McHenry County Aggregate Resource Areas The extraction and utilization of these precious resources can only occur where they are located and have become an important component in the regional economy. Sand and Gravel are the building blocks for every home, building and road construction project in the region. They’re extracted from highly regulated pits and quarries, which are safe and reliable sources of these finite resources. Stated in the McHenry County 2030 Comprehensive Plan adopted April 20, 2010, the mining industry contributes substantially to the County’s tax base and employs over 200 workers in 22 sand and gravel pits operating throughout McHenry County. The Illinois Department of Natural Resources (IDNR) estimates that the County’s mining activity supports an additional 7,800 regional jobs in related industries. Good Neighbor Brochure 4/1951 b. What Are Aggregates Used For? Sand and Gravel is used in an expansive industry ranging from direct consumer retail use to wholesale construction use. Direct Consumer Retail Use found at home improvement centers: 1. Bag Products. a. Sakrete b. Mortar Mix c. Asphalt Cold Patch 2. Brick Pavers, Outdoor Fireplaces, Fire Pits and Retaining Wall Products 3. Decorative Boulders 4. Fireplace Materials Wholesale Construction Uses: 1. All Private and Public Building Construction Projects: a. All Homes b. All Buildings (Retail, Office, Healthcare, Municipal & Industry) c. All Roads (Asphalt and Concrete) d. All Sewer and Water Improvements Companies and Municipalities that Require Sand and Gravel: Ready Mix Concrete Plants: Point Ready Mix Schmitz Stark Fischer Bros. Ozinga Super Mix Reginal Otto Jacobs Good Neighbor Brochure 5/1952 Precast Products: Unilock Welch Brothers Spancrete Terrell Bag Material Plants: Quickrete Menards Asphalt Plants: Geske Curran Arrow Dunteman Peter Baker Asphalt Contractors Allied Payne & Dolan Reliable Municipalities: State of Illinois State of Wisconsin Most Local Counties Most Local Townships Most Local Villages & Cities Most Local Conservation Districts Good Neighbor Brochure 6/1953 General Contractors – for All Roads, Bridges, Buildings, Public Utilities and any Construction Project: Curran Pirtano Wilson McShane Plote J. Pease Cunat Michels Berger Upland D.R. Horton Walsh Maneval Neslund Lennar Lorig Lowe D.K. Contracting Martam ALamp Veit A.W. Oakes Fisher Strenstrom And Many Others Good Neighbor Brochure 7/1954 c. Annual U.S. Aggregate Consumption Sand and gravel resources are in the “Best interest of the Public” because they are the building blocks for every home, building and road construction project in the region. They’re extracted from highly regulated pits and quarries, which are safe and reliable sources of these finite resources. Figure 2 – 2021 U.S. Material Consumption. Good Neighbor Brochure 8/1955 Every building around us, every road traveled and every sidewalk we walk on is made of sand and gravel. According to data from the National Mining Association, On average, each person in America drives the demand of over 10,000 lbs. of stone and around 7,000 lbs. of sand and gravel per year. Combined, consumption is 9 tons per person per year. For a better understanding, every two years, each person consumes a semi-truck load of stone, sand and gravel as depicted in Figure 2 – 2021 U.S. Material Consumption. Sand, gravel, and stone are not a luxury — they are a necessity. Crushed stone, sand, gravel, and other construction aggregates represent half of the industrial minerals produced in the country, resulting in $29 billion in revenue per year. SIMPLY STATED, UNLESS THE PUBLIC IS INTERESTED IN RETURNING TO A POINT IN HISTORY WHERE HORSES PROVIDED TRANSPORTATION ON A DIRT PATH TO A DIRT FLOOR LOG CABIN, WE ALL NEED SAND/GRAVEL AGGREGATES. Good Neighbor Brochure 9/1956 III. Regulatory Control of Sand/Gravel Pits that Protect the Public Sand/Gravel Pits are governed by Federal and State statutes and laws, rules and regulations and local ordinances. The regulatory control of nearly every aspect of sand/gravel pits operations includes: (i) Land use, (ii) Environmental protection and (iii) Public safety. This control provides the backbone of the aggregate industry’s coexistence with surrounding land use. These regulations are based on sound science and have been developed over decades to prevent widespread negative effects to adjacent owners. The aggregate industry is one of the most highly regulated industries in the U.S. a. Federal Regulation: • Environmental Protection Agency (USEPA) – The USEPA is responsible for maintaining and enforcing national standards through a variety of environmental laws and delegates some permitting, monitoring and enforcement to the states. • US Fish and Wildlife Service (USFWS) – the USFWS is dedicated to the management of fish, wildlife, and natural habitats. USFWS administers the provisions of the Endangered Species Act . All sand/gravel pits operations must consider the effects on endangered or threatened species. • Mine Safety and Health Administration (MSHA) – A branch of the Department of Labor that administers and enforces mandatory safety and health standards as a means to eliminate fatal accidents, reduce frequency and severity of nonfatal accidents and to promote improved safety and health conditions in the nation’s mines. • US Department of Transportation (USDOT) – Is responsible for the regulation of transportation. All aggregate transportation must comply with USDOT regulations. b. State Regulation: • Illinois Environmental Protection Agency (IEPA) – Illinois has developed agencies to protect, manage and maintain the natural resources of the state. o Clean Air Act – Aggregate operations that meet the criteria for low particulate emissions are required to register with the IEPA under the Registration of Smaller Sources (ROSS) Program. Our wet mining operations and dust control plans meet the criteria for the ROSS program. o Clean Water Act - Illinois in conjunction with the federal clean water act regulate discharges to Illinois lakes and streams. Aggregate operations that have offsite discharge or discharge processing water must comply and be permitted by National Pollutant Discharge Elimination System (NPDES). Our operations are internally drained and do not discharge water. Operations that do not discharge water but use water for processing are also required to hold an IEPA Water Pollution Control Permit. This permit provides an overlap with local groundwater monitoring ordinances. Our Illinois facilities hold a Water Pollution Control permit. Wetland, waterway and surface water permitting is complicated by the overlapping regulatory control by the USEPA, US Army Core of Engineers and state regulatory agencies. A wetland delineation is necessary to determine jurisdictional control of these sensitive areas. Wetlands do not exist on the subject property. • Illinois Department of Natural Resources (IDNR) - IDNR requires all mine sites to be registered. If less than 10’ of overburden is present and less than 10 acres affected a general permit is not required. The registered site is subject to annual inspections and reporting. Our Illinois facilities do not meet the permit criteria threshold but annual compliance inspections/reporting are ongoing. o Illinois Endangered Species and Illinois Natural Area Preservation conduct consultation of proposed aggregate operations to determine its effects on endangered or threatened species. A study has been completed for the subject property on 11/24/20 and has been submitted in the application process. Good Neighbor Brochure 10/1957 o Illinois Historical Preservation must review and assess the project’s impact on cultural resources. A review and assessment for the subject property was completed on 12/9/20 and submitted in the application process. c. Local Ordinance: • Most McHenry County and surrounding municipalities adopt mining regulations from the County’s Unified Development Ordinance (UDO) and its subsequent Article 14.3P Earth Extraction and Mining Use Standards. These standards may duplicate state requirements for environmental and public safety conditions. In some instances, municipalities adopt the County’s use standards and develop more restrictive ordinances from them. o Groundwater Monitoring: Sand/gravel pits are required to install one up-gradient and 2 down- gradient wells. These wells are to be sampled quarterly for seasonal groundwater fluctuations and groundwater quality and contamination indicators listed in table 14-1 of the UDO. Reports are submitted and recorded to the municipality. Groundwater Quality - There has not been a report or documented issues with any McHenry County mining site relating to water quality or water quantity. Most groundwater contamination has been a result of leaking underground storage tanks and leaking chemical plant ponds. Processing water rinses the fine soil particles off the aggregates and in a closed-circuit system. The fine particles settle in a series of settlement ponds and are provided as baseball mix and horse track products. No flocculants are introduced or used in this rinsing process. Groundwater quality is not affected by removing sand/gravel found in the water table. Groundwater Quantity - Below-water sand/gravel pits that do not dewater offsite, remove only sand and gravel materials from the shallow or upper aquifer using excavator, dragline, or hydraulic dredge to excavate below the water table level. The excavation occurs very slowly, over many years resulting in a very minimal impact on groundwater levels (imagine removing a rock from a bucket of water). Groundwater remains in the excavation and drains back into the lake from dug materials without de- watering operations. The groundwater elevations in below-water excavations stabilize at the same uniform level as prior to the excavation. This type of operation also captures precipitation events and surface water run-off and promotes additional groundwater recharge. This is highly dependent on fluctuations in seasonal precipitation events and from year-to-year. When these factors are combined, the net effects of below-water extraction are normally minor and groundwater elevations remain unchanged. To maintain and document State and County groundwater elevation standards, the operator shall install a staff gauge in the lake and elevations shall be recorded annually. o Stormwater Permitting: Sand/gravel pits are required to have stormwater permits through the County stormwater ordinance or municipal stormwater ordinance. o Reclamation and Required Bonds: Sand/gravel pits must have an approved reclamation plan that provides for the return of the affected land to a useful purpose. An approved reclamation bond of no less than $2,500 for each acre affected is required. o Restrictive Conditions: In many instances, additional conditions are placed on sand/gravel pits to limit hours of operations, berm standards, setback distances, noise and dust standards, utility Good Neighbor Brochure 11/1958 improvements and host/royalty fees. Local ordinance always places a restrictive condition that requires all federal, state, and local laws be met. IV. Super Aggregates Best Management Practices for Common Concerns a. Air Quality/Dust: In addition to regulatory control, our mitigation efforts to control offsite dust emissions include: i. Wet dredge extraction and processing of aggregate materials, thereby eliminating the presence of dust. ii. Trucks routes are asphalt paved and swept regularly, thereby eliminating the presence of dust. iii. All materials are stockpiled by conveyors, no interior traffic generating dust. iv. Silica sand and degradation into silica dust is not present and has never become an issue at any McHenry County sand/gravel pits. The sand produced on site is the same sand found in sand boxes and any local waterfront beach. b. Groundwater Quantity and Quality: Unlike limestone quarries which need to pump water off site, sand/gravel pits can be extracted below the water table by a hydraulic dredge. Once the material is rinsed, water returns to the lake and lake levels are not affected. No flocculants or other materials are introduced to alter the water quality. The water is of the same quantity and quality as before the sand/gravel was removed. There are no reported or documented cases of groundwater quality or quantity reductions in McHenry County. c. Noise: Noise emissions have been greatly reduced by the use of an electric powered hydraulic dredge and processing plant. This eliminates the noise and exhaust emissions of diesel-powered equipment. The electric powered processing plant is also located 500’ from the nearest residence, approximately 25’ below grade and surrounded by screening berms. Noise emissions at 500’ are less than the noise emission of a car. Sand/gravel pits located in the County are unconsolidated aggregate reserves which never use blasting methods. d. Traffic: The proposed site will not add traffic to the City of McHenry as most products will be shipped East of the City on IL Route 120. The annual average daily traffic for IL Route 120 is 23,200 vehicles. Our proposed 5 loads per hour or 50 trucks per day is a negligible increase in traffic. The Illinois Department of Transportation (IDOT) has reviewed traffic counts, accepted the traffic study, reviewed/approved the entrance design and turn lanes and has approved improvement construction plans. e. Visual Impact to Adjacent Owners: Our good neighbor policy providing coexistence with adjacent residences include: i. Landscaped perimeter undulating berms with trees, maintained weekly provides above average screening. ii. Landscaped screening berms shall be high enough that will not allow a line of site into the proposed extraction or processing areas, Figure 3. Good Neighbor Brochure 12/1959 Figure 3 - Landscaped Screening Berm Photo f. Impacts on Property Value: Although every mining operation and community is unique, there’s no evidence of widespread and predictable property value declines associated with aggregate mining operations. A typical result of internet research, the primary and most commonly referenced document that claims mining reduces property values was published in 2006 by a Senior Regional Analyst for W.E. Upjohn Institute for Employment Research, named George Erickcek. Erickcek’s document which was not a study but a theoretical model based on an unpublished, nonpeer-reviewed working paper by Professor Diane Hite. Analysts have exposed Erickcek’s misuse of Hite’s information, tables and graphs as “unprofessional at best and likely misleading and reckless”. Hite’s study, was actually titled “Residential Location Impacts of Environmental Disamenity: The Case of Gravel Pits Operation and Landfills” in Delaware County, Ohio. Hite’s study includes the impacts of landfills on property values which are not applicable in this development proposal. Between 1981 and 2011, several other studies examined the relationship between mining operations and property values. All examinations conclude there is no consistent relationship between mining operations and property values. For more current information, one can examine sales and property values through the Multiple Listing Service (MLS), or County sales information. In fact, some homeowners have reported an increase in property value because of the setbacks, open space, lakefront views and wooded areas used to buffer mining Good Neighbor Brochure 13/1960 operations. Figure 4, Zillow Recent Sales surrounding McHenry West Pit, show that average property values adjacent to mining operations were higher than average property values farther from the mining operation. Super Aggregates provide screening berms to adjacent owners and offer the removal of these screening berms per reclamation phasing plans. This offers all adjacent owners to be screened by berming while the floating electric powered dredge operates and removal of the berming as the dredge retreats, allowing open space lake front views. Figure 4 – Zillow Recent Sales Map – McHenry West Pit Good Neighbor Brochure 14/1961 V. Economic Benefits to Local Communities Transportation or cartage costs for aggregate products play an important component of overall cost. In some cases, the cartage cost can equal or exceed the cost of the aggregate itself. Small increases can have a significant impact on all construction projects, infrastructure, homes, schools, sidewalks, bridges, sewers, roads, water supplies, restaurants, industries, offices, malls, retail stores, hospitals, sports facilities; everything constructed the general public has come to expect. Over the last 20 years, the County has enjoyed many sand/gravel pit locations. This has not only promoted economic growth but also reduced the number of trucks traversing throughout the County. Fewer sand/gravel pits equal quadruple the number of trucks needed to deliver aggregates and an increase in exhaust emissions and increased road maintenance. Figure 5 – Number of sand/gravel Sites vs. Truck Traffic illustrates the cartage savings, reduced road maintenance and exhaust emissions. Having a local aggregate source is essential for any community to maintain quality roads and its future trendline growth projections. Figure 5 – Number of Sites vs. Truck Traffic Good Neighbor Brochure 15/1962 VI. Meeting Demand for Sand/Gravel Aggregates Aggregate mines are temporary land use and have a lifecycle that is determined by the horizontal and vertical distance of the aggregate reserve. Figure 4 depicts, i. The location of sand/gravel pits located and operating in the County within the last 20 years that have closed permanently, ii. The location of pits and quarries that are nearing the estimated lifecycle end by 2025, iii. The location of sand/gravel pits remaining beyond 2025. Figure 4 – McHenry County Sand & Gravel Locations Good Neighbor Brochure 16/1963 Figure 4 also illustrates a high concentration of sand/gravel pits located in the Eastern third of the County , along the Fox Valley, where the glacier placed high quality reserves approximately 7,000 years ago. As the County was settled in the 1800’s, development occurred in these areas because of the presence of aggregates. These areas also have the highest concentrations of residential developments. Figure 5 depicts active McHenry County sand/gravel locations that have adjacent residences. Figure 5 Active County sand/gravel locations with Adjacent Residences Good Neighbor Brochure 17/1964 All McHenry County mine sites have adjacent residences, some more than others. The majority of extraction sites have less than 10 adjacent residences but it is important to note, many sites have had residential development encroachment over the years. We are careful to select sites that hold quality sand/gravel reserves and have less than 10 adjacent residential neighbors. Continual construction, rebuilding and infrastructure combined with regulatory control, has allowed the coexistence of sand/gravel pits with residential developments. Not only do mine lifecycles lead to a reduced number of County suppliers, but supply concerns are also related to a negative public perception and a Not In My Back Yard (NIMBY) public sentiment. Everyone wants good roads and affordable asphalt & concrete but does not want to be adjacent to a pit or quarry. The negative perception and opposition have challenged municipalities & suppliers which have gradually reduced the number of new source applications and approvals. A reduction in the number of suppliers along with a surging annual demand increase is leading the area into an emerging supply crisis. Good Neighbor Brochure 18/1965 VII. Conclusion Why is the aggregate industry, a necessity in the normal function of our society so misunderstood and opposed? The opposition often use misinformation, diversion and circulate fear to hide the true and personal feelings of development. When all the facts have erased the false claims and fear tactics, the opposition continues its Not In My Backyard (NIMBY) campaign. This stance is always true for any type of proposed land development. The opposition fail to recognize the depth of regulatory control for interim sand/gravel pits. They also fail to recognize their opposition conflicts with their demand for quality roads and consumer products that have led to the depletion of 22 McHenry County sites. Municipal Planning officials often are caught in the middle between a developer and adjacent owner opposition, unaware of stringent regulations already in place, at public hearings. This is an opportunity for municipal planning officials to provide a compromise and collaborative approach to the development. This remedy is achieved through placing reasonable conditions on permit approval. Adjacent owner opposition may receive reasonable relief or mitigation from the effects of development while the developer receives the permitting approval to provide sand and gravel products that is in the best interest of the public. Good Neighbor Brochure 19/1966 Autumnwood ESH Consultants, LLC 6539 Autumnwood Ct. Mount Pleasant, WI 53403 July 20 , 2023 Honorable Wayne S. Jett, Mayor City of McHenry 333 S. Green St. McHenry, IL 60050 RE: McHenry Lakes Development Dear Mayor Jett: Autumnwood Consultants, LLC (Autumnwood) was retained by Super Aggregates to determine if the McHenry Lakes development would impact the private wells in the subdivisions adjacent to the proposed McHenry Lakes Development. The two lakes within the development will be constructed by removing approximately 6.5 million tons of aggregate (sand & gravel) from the 110 -acre property primarily with the use of an electronic hydraulic dredge. Excavation will take place down to the clay layer approximately 50 feet below ground surface (bgs). The baseline data that was provided to Autumnwood includes: • The horizontal distance from the mining operation to any private well is at least 200 feet. • The clay layer below the mining operation is about 50 feet below the ground surface (bgs). • Private wells in the area range from 60 to 90 feet bgs which are below the clay layer. • The sand and gravel extraction operations will not include dewatering the site to extract the aggregates. The groundwater at the site will be recycled within the extraction operation. • Excavation of the sand and gravel aggregate will be primarily by an electrically powered hydraulic dredge. The first level of protection that the private wells have from potential impacts resulting from the aggregate mining operation is the clay layer. Extraction operations will take place above the clay layer and private wells utilize groundwater from below the clay layer. The clay acts as an aquitard. An aquitard is any geological formation of a semipervious nature that transmits water 67 at slower rates than an aquifer. Freeze and Cherry (1979) describe an aquitard as the less- permeable beds in a stratigraphic sequence. The aggregate mining operation will be done above this clay layer and the private wells in the area are constructed to depths ranging from 60 – 90 feet bgs, i.e., below the clay layer. Therefore, the well water pumped from private wells is separated from the aggregate mining operation by the clay layer. Another way to show that the private wells in the area are not going to be impacted by the aggregate mining operations is to conduct “distance – drawdown” calculation. This can be done by using what is known as the Theis equation, a complicated hydrogeological equation that evaluates the drawdown in the aquifer as a result of pumping in the lower aquifer using the following data: • Constant pumping rate. This is very conservative in that private wells are activated, i.e., pumped only when needed by the homeowner and its occupants whereas the equation assumes a constant pumping rate (24/7). • Aquifer (groundwater) Transmissivity (T) which is the rate at which water passes through the groundwater. • The Time since pumping began which again assumes 24/7 pumping and adds to the conservative nature of this calculation (it overstates horizontal movement of groundwater). • The Distance from the private well to the aggregate mining activity, i.e., greater than or equal to 200 feet. • Aquifer Storativity (S) which is a measure of the volume of water that will be discharged from an aquifer. Typically, the S and T values are calculated by pumping tests at the well location, so a va riety of calculations were done with high and low values that have been published for pumping tests at various locations within McHenry County. Also used were actual values measured at a location north of Union, IL. The calculation is complicated, so a computer-based calculation developed by the Utah Division of Water Rights was used. It can be found at https://waterrights.utah.gov/wellinfo/theis/theis_input.asp . Autumnwood assumed that, to be even more conservative, three drinking water wells would be used for this calculation. At each home it was assumed five people occupied the home and 68 there is water use of 150 gallons per person per day which equals 750 gallons per day. This equals 0.52 gallons per minute per day (750 gal./1440 min.). Conservatively, one gallon per minute per day was used for each home (3 gallons per minute per day – almost six times the calculated use.). The results showed that the maximum drawdown (lowering of the water table at the edge of the mining operation) ranged from 0.12 inches to 4.92 inches. That does not account for the clay layer (clay aquitard) which would inhibit groundwater above the clay layer from entering the lower aquifer below the clay layer and thus reduce these values considerably. The value of the calculation using actual values found near Union is 0.12 inches of drawdown in the lower aquifer. The final level of protection is the monitoring wells which will include three wells, one upgradient of the mining site and two downgradient that will be sampled on a quarterly basis for at least one year for general water quality parameters related to aggregate mining operations as specified in the McHenry County Groundwater Monitoring and Protection in the Earth Materials Extraction Sites Ordinance (Ordinance No. 0-2010008-10-041). Conclusion Based on the information provided including implementing the aggregate extraction as outlined in the Operating Plan, there should be no adverse environmental impact to the private water wells supplying drinking water to the homes surrounding the McHenry Lakes project. Respectfully Submitted, Autumnwood ESH Consultants, LLC John W. Thorsen, P.E. cc: Mr. Jack Pease 69 July 31 , 2023 Mayor and Council City of McHenry 333 South Green Street McHenry, Illinois 60050 SUBJECT : McHenry – Pease Super Aggregates Proposed McHenry Lakes Gravel Mining Operation Dear Mayor and Council: I have been asked to provide my opinions regarding the potential impacts of the proposed McHenry Lakes gravel mining operations as they may affect groundwater quality and quantity in the immediate area of the excavation. The following is my report. Credentials Mr. Thomas’ credentials for providing the observations and opinions provided below are as follows: Education: • BS/MS Civil and Environmental Engineering from University of Illinois, Urbana. Licenses and Certifications: • Professional Engineer in Illinois and four other states. • Board Certified Environmental Engineer by the American Academy of Environmental Engineers and Scientists Experience: • Former appointed municipal engineer for Cary, Fox River Grove, and Delavan. • City of McHenry water system modeling and water supply well design. • Primary author and editor of the 2006 McHenry County Groundwater Resources Management Plan. • Designer of local water supply wells in Harvard, Crystal Lake, Cary, Fox River Grove, Island Lake, DeKalb, Huntley, Delavan, Round Lake, and South Elgin. • Advisor to Lake County regarding the continued use of groundwater by various municipalities. • Investigator for groundwater contamination cases in Cary, Crystal Lake, Fox River Grove, Harvard, and Island Lake. • Reviewer of gravel mining plans and agreements for the Village of Cary in 2010 (now Cary Lake at Rotary Park). 70 City of McHenry Mayor and Council July 31, 2023 Page 2 • Former member and Chair of the American Water Works Association Standards Council (develops the standards for construction, materials, equipment and chemicals for the water supply industry). • Current chair of the AWWA Standards Council Water Supply Wells Committee. Materials Reviewed & Summary of Primary Information From Each Source 1. Super Aggregates Hearing Booklet for McHenry Lakes, February 8, 2022 • The property is located north of Illinois Route 120 and east of Chapel Hill Road. • Current use of property is row crops. • Area to be mined: approximately 110 acres. • Under the property is a shallow sand and gravel deposit referred to as the Wedron Formation. Th e Wedron Formation has been previously mined at numerous locations in the vicinity (to the east, northeast and southeast). • Reference Appendices A and B. 2. McHenry Lakes for Pease Plan Set prepared by Scheflow Engineers dated February 7, 2022. • Sheet 1 shows the results of 14 test holes and 3 borings. The borings generally show sand deposits. • The measured water level in 2019 was 748 ft. msl (mean sea level). There was one measurement to the nearest foot in one boring (Boring 1). • Sheet 2 indicates that the groundwater flow direction is from the northeast to the southwest. The notes state that there will be no off-site dewatering nor off-site stormwater discharges. The locations of three proposed groundwater monitoring wells (one upgradient and two downgradient) are shown. There is no information provided as to how the groundwater flow direction was determined. • Sheet 4 shows that the completed project will result in two lakes (as a result of the fact there are limited sand deposits in the center of the site according to the test holes results). 3. Petitioner Response to Baxter and Woodman Review dated May 7, 2021: • The three proposed on-site monitoring wells should be sampled on a quarterly frequency basis until the baseline water quality parameters have been established in accordance with the groundwater monitoring frequency required in the McHenry County Groundwater Mining Ordinance (Unified Development Ordinance). • Reference Appendix K. 4. Natural Resources Information Report 20-035 -4600 prepared by McHenry-Lake County Soil and Water Conservation District; July 28, 2020 • Surface elevations on the property generally range from 762 ft. msl to 778 ft. msl. • Soils on the site consist of silt and clay loams (mostly sand with some silts and clays). • Most of the site, in its present state, has a moderate aquifer contamination potential because the soils are highly permeable, and the upper sand formation is very close to the surface. The parcel is mapped as a sensitive aquifer recharge area. 71 City of McHenry Mayor and Council July 31, 2023 Page 3 • There are no floodplains on the property. There has been no previous flooding on the parcel. • The HUC 12 Watershed map prepared by USGS and presented on page 32 of the report shows most of the property draining to the east-northeast. (HUC 12 – hydraulic unit code indicating the boundary is a sub-watershed.) Reference Appendix C. • The directional flow of shallow groun dwater normally follows surface drainage patterns. 5. Autumnwood ESH Consultants, LLC Letter dated July 20, 2023 and prepared by Mr. Thorsen • The aggregate will be mined from the site with the use of an electrically powered hydraulic dredge (pumping a sand/gravel slurry). • The mining operation will be at least 200 feet from the nearest private well. • The clay aquitard is located at a depth of approximately 50 feet (720 ft. msl). • Private wells to the east of the site extend approximately 60 to 90 feet below the ground surface and are separated from the mining operation by the clay layer. • Groundwater will not be pumped or drained from the parcel. • Mr. Thorsen used the Theis equation to determine the impact of three private wells located 200 feet away on the water level in the gravel excavation. He concluded that the operation of the wells would have no meaningful impact on the water levels in the excavation and hence the excavation would have no meaningful impact on the wells. • During a phone conversation Mr. Thorsen confirmed that there were no survey quality groundwater level measurements made in the multiple borings on the parcel. His opinion as to the direction of flow (northeast to southwest) is based on comparing ground elevations and water levels of different bodies of water in the area and the water level measured in the one boring. 6. McHenry Lakes Hydrological Data (prepared by Huemann & Super Aggregates) • The water level in the upper aquifer (deposits to be mined) is 748 feet msl. The elevation of the top of the sand and gravel varies across the parcel. The bottom of the formation ranges from 720 -725 feet msl. • The clay aquitard is located between 721 and 713 feet msl. • The water collection (screen) elevations of the wells in the Val-Mar County Estates range from 710 feet and 680 feet msl. • There will be no onsite chemicals used, no flocculants used in processing, no underground storage tanks, no bulk fuel storage, no import of recycled materials, and no C.C.D.D. fill operations. All reclamation of slopes and fills will be with virgin clay and topsoil located on site. • The Eastwood manor well is finished 12 feet into the limestone at a depth of 590 ft. msl. The static water level in the well at the time it was drilled was 730 ft. • The private well logs support the elevations provided in report. 7. USGS Maps: Wauconda & McHenry Quadrangles; • The parcel sits at the top of a slight rise and is surrounded on all sides by ground contours of 750 ft. msl. Water east and north of the property generally drains to Pistakee Bay. 72 City of McHenry Mayor and Council July 31, 2023 Page 4 • The land surface on the property ranges from 762 ft. to 780 ft. • There is a small area northeast of the property (south of Lincoln Road and north of Arabian Spur that is at a sightly higher ground elevation with a maximum elevation of 800 ft. (Val-Mar County Estates). • Pistakee Bay water level is shown as 737 ft. msl • Normal pool level of the Fox River above the McHenry dam is 737 ft. msl. (Other sources indicate it may be 735 ft.) • Reference Appendix D. 8. Google Earth • The closest distance between the southwest corner of the parcel and the Fox River is approximately 2900 ft. • The closest distance between the northeast corner of the parcel and the Lily Lake Drain is approximately 3700 ft. • The gravel pit located to the southeast has an approximate water level of 743 ft. msl. • Reference Appendices H and I. 9. Land Reserves, LLC Annexation Agreement Groundwater related provisions in the Agreement include: • No rock, concrete or asphalt crushing or related grinding activity, machinery or equipment of any sort shall be permitted on the Property. No fuel oil or chemical storage tanks, illegal dumping, disposal of Clean Construction Debris or industrial uses other than mining shall be permitted on the Property. • Groundwater passing through the Subject Property shall be monitored at two on-site upgradient water wells and two on-site down gradient locations as depicted on the revised Operations and Phasing Plan of the Mining Plans. • 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 Unified Development Ordinance (UDO) for Earth Extraction Sites. • Testing of the groundwater from these well sites shall be conducted as set forth under the parameters of the UDO. • Prior to the commencement of any aggregate mining/earth extraction activities, the Owner shall conduct a water quality test at one of the downgradient monitoring wells, at the advice and consent of the City’s Engineer, to establish a baseline assessment for contamination. Test for all public water supply drinking water parameters inclusive of organic chemicals. • The samples collected shall be analyzed by a laboratory approved by the City. All quarterly testing results and reports shall be delivered to the City Administrator for confirmation of compliance with the applicable standards. • The Owner shall provide a contamination response plan to be reviewed and found acceptable at the discretion of the City’s Engineer. 10. IEPA GIS Records (https://webapps.illinois.gov/EPA/DocumentExplorer/Geography) There have been several leaking underground storage tank (LUST) incidents, land contamination complaints and other violations on the east side of the Fox River in the 73 City of McHenry Mayor and Council July 31, 2023 Page 5 vicinity of McHenry. Most of the issues have been on properties fronting Route 120. Reports associated with gravel mining operations included: • The Thelen Sand and Gravel operation to the east had a compliance action in 2014 which appears to be tied to improper documentation of clean construction debris disposal. • No incidents recorded at the Meyer gravel excavation west on Route 120. • No incidents recorded at Cary Lake at Rotary Park (a restored former gravel excavation). 11. McHenry County Groundwater Resources Management Plan Reports 1–5, 2006 Report 3: Countywide Groundwater Quantity and Quality Protection Plan – Section 3.4.6 Open Pit Mining: • Mining operations remove near surface layers of geologic deposits that would otherwise provide protection of the underlying groundwater. • A mining operation itself does not contaminate the water, but it does create a more direct connection, or route, between the ground surface and groundwater than would normally be present. The surface water can then carry higher levels of pollutants to sand, gravel, and shallow bedrock aquifers without the top soil layers to act as a natural filter system. Therefore, it is the potential for spilled oils and fuels, illegal dumping, and pollutants carried by stormwater runoff that could impact groundwater quality at a mining site. • Uses of the mined areas after the gravel deposits are removed also pose potential problems. Excavated areas within the county have generally been abandoned, used for industrial parks, or converted to landfills, all of which carry risks because the groundwater table is at or very close to the surface. For example, the Cary Point Industrial Park is built in an abandoned sand and gravel pit where the groundwater table is within 10 feet of the surface. 12. McHenry County Water Resources Action Plan (WRAP) 2020 Update • The WRAP was a combined effort of McHenry County, several municipalities, Illinois State Water Survey, United States Geological Survey and various consultants. • Section 2 Chapter 6 Water Quality page 2-61: The report lists potential groundwater pollution sources as: agriculture, industrial and commercial practices; on-site wastewater treatment systems (septic tanks and drain fields) and injection wells; residential sources; landfills; abandoned water wells and injection wells; de-icing agents; naturally occurring contaminants. The WRAP does not include sand and gravel mines as potential sources of contamination. • Section 2 Chapter 6 Water Quality page 2-69: The Illinois Groundwater Protection Act categorizes sand and gravel mines as “potential routes”. (Illinois regulations require the closest edge of a sand and gravel mine to be at least 400 feet from the nearest public water supply well. There are no setback requirements with respect to private wells.) • Section 4 Land Uses Chapter 13 Industrial Development page 4-43 addresses sand and gravel mining more extensively. The text of this section can be found in Appendix J. 74 City of McHenry Mayor and Council July 31, 2023 Page 6 o The report describes the open water in the gravel mines as a potential route of contamination. o It recommends use of best management practices to manage the risk of groundwater contamination. 13. McHenry County Unified Development Ordinance • The UDO has very extensive requirements regulating the operation and restoration of the parcel. The concerns raised in the McHenry County Groundwater Resources Management Plan and the McHenry County Water Resources Plan are addressed in the UDO. Reference Appendix K. 14. Cary Lake at Rotary Park (Comparative Project) • Rotary Park (mining operation developed in Algonquin but now in Cary adjacent to the Fox Trails Subdivision) is a very similar situation to the current proposed project. The parcel is located east of Route 31 and north of Klasen Road. Reference Appendices E and F. • Sand and gravel was mined and the property restored between 2010 and 20 19. The property is now open to the public as a recreational lake and park. • There has been no reported impacts on groundwater quantity or quality. • There has been no reported impact on Cary Well No. 10 which is located 2000 feet downgradient of the edge of the pit. • Reference Appendix F. 15. Other Documents and Sources Reviewed • McHenry County Department of Planning and Development GIS Maps. • Gahala, Amy, etal. “Water Quality of Sand and Gravel Aquifers in McHenry County, Illinois, 2020 and Comparisons to Conditions in 2010”; Report 2022–5110; USGS and McHenry County • List of residents’ questions and comments as they relate to groundwater. • McHenry County WRAP You-Tube video. • Meyer, Scott, etal. “Groundwater Simulation Modeling and Potentiometric Surface Mapping, McHenry County, Illinois”, 2013, Illinois State Water Survey. • Woller, Dorothy, etal. “Public Groundwater Supplies in McHenry County”, 1976, Illinois State Water Survey. • Thomason, Jason, etal. “Three-dimensional Geologic Mapping for McHenry County’, 2013, Illinois State Water Survey. 75 City of McHenry Mayor and Council July 31, 2023 Page 7 Conclusions Based on the information described above and prior experiences I have come to the following conclusions: 1. Groundwater quantity in the area will not be reduced as a result of the mining operation. The amount of water available to public and private wells in the area will not be impacted by the mining operation. The various impacts on the volume of groundwater in the immediate area balance one another. • Water levels in the open water lake and in the upper sand formation will vary based on the amount of precipitation as it does currently. • The amount of groundwater recharge will be increased because water will not be lost to the vadose zone and evaporation within the soils. • The amount of evaporation from the water surface will increase. • The area of potential impervious surfaces on the property is greatly reduced. • Amount of groundwater consumption in the immediate area will be reduced due to the reduction of residential or agricultural water use on the property. • The mining operation will not lower to the groundwater surface by pumping water off-site to extract the sand and gravel. • Stormwater is retained on-site. 2. The groundwater flow direction will remain unchanged. The information provided by the petitioner states that the flow direction is from northeast to the southwest. This may or may not be the case as the actual direction of the groundwater flow under the property is not known for certain. • The parcel sits on a slight rise. See Appendix H. There is a small area of higher ground to the east of the property. The shallow groundwater under the site could flow in multiple directions with some of the groundwater moving southwest directly to the Fox River and some moving north and east to the Lily Lake Drain. • The HUC 12 Watershed map prepared by USGS (Natural Resources Information Report) shows most of the parcel to be in the watershed flowing to the northeast, but detailed examination of the USGS map make it more likely that the groundwater ridge line is located near the center of the property. Based on the watershed map and the USGS map, the groundwater under some or all of the parcel may flow to the east/northeast. • The petitioner’s hydrology expert (Mr. John Thorsen, P.E.) confirmed that there were no survey quality groundwater level measurements made in the borings on the parcel. His opinion as to the direction of flow (northeast to southwest) is based on comparing water levels of different bodies of water in the area and the water level measured in the one boring. • No matter the direction of groundwater flow currently, the mining operation will not change the direction of flow from the property. The impact of this determination is on the number of monitoring wells needed for conformance to the UDO requirements. There should be two both upgradient and downgradient. 76 City of McHenry Mayor and Council July 31, 2023 Page 8 3. Contamination of g roundwater as a result of the mining operations is very unlikely. • The removal of the layer of soil will remove some filtration protection that the soils provide. • The reduction of farming on the parcel will reduce the volume of chemicals spread on the property. • There have been no recorded water contamination incidents in the McHenry County sand and gravel mines. • The potential for groundwater contamination resulting from private septic systems will be reduced because the number of potential homes is reduced. • For the private water supply wells in the Val-Mar County Estates Subdivision, the individual septic tanks and drainage fields in the subdivision and the spreading of road salt in the winter are and will remain the greatest threats of groundwater contamination. Recommendations 1. Approval or disapproval of the gravel mining operation should not be based on the impact of the mining operation on groundwater quantity or quality. 2. The project should conform to the requirements of the McHenry County Unified Development Ordinance. This requirement has been incorporated into the annexation agreement. 3. The petitioner should identify and implement best management practices to reduce the potential of a spill or discharge on the property. These requirements have been incorporated into the annexation agreement. 4. There should be a reasonable groundwater testing program in place to monitor groundwater quality and a response plan prepared to describe the steps the petitioner will take if contamination is found in the future. This requirement has been incorporated into the annexation agreement. 5. Four monitoring wells should be provided because the direction of flow is uncertain and two wells are required as a minimum on the downgradient side of the parcel. This requirement has been incorporated into the annexation agreement. 6. There should be comprehensive water quality testing of at least one of the downgradient monitoring wells before the start of any excavation work to assure the City has a baseline with which to compare future water quality results. Testing should include all drinking water parameters inclusive of SOCs and VOCs. This requirement has been incorporated into the annexation agreement. 77 City of McHenry Mayor and Council July 31, 2023 Page 9 Sincerely, Stanley Consultants, Inc. Larry Thomas, P.E. Principal Engineer Appendices List A. Appendix A: Aerial Overview of Area B. Appendix B: Parcel Map and Location C. Appendix C: USGS Watershed Boundaries D. Appendix D: USGS Maps: Land and Water Surface Elevations E. Appendix E: Parcel Reclamation Plan Concept F. Appendix F: Cary Lake at Rotary Park G. Appendix G: Typical Cross Section of Shallow Aquifers in McHenry County H. Appendix H: Cross Section Through Parcel from Fox River to Lily Lake Drain I. Appendix I: Overview of Hydrogeological Information J. Appendix J: McHenry County Water Resources Action Plan 2020 Update (partial) K. Appendix K: County of McHenry Unified Development Ordinance (partial) 78 City of McHenry Mayor and Council July 31, 2023 Page 10 Appendix A: Aerial Overview of Area Source: Google Earth 79 City of McHenry Mayor and Council July 31, 2023 Page 11 Appendix B: Parcel Map and Location Source: McHenry – Lake County Soil and Water Conservation District Exhibit 80 City of McHenry Mayor and Council July 31, 2023 Page 12 Appendix C: USGS Watershed Boundaries a Source: McHenry – Lake County Soil and Water Conservation District The red line represents the USGS interpretation of the groundwater divide with most of the property flowing to the Lily Lake Drain and the Pistakee Bay basin (which then flows into the Fox River). 81 City of McHenry Mayor and Council July 31, 2023 Page 13 Appendix D: USGS Maps: Land and Water Surface Elevations Source: USGS Wauconda Quadrangle Map 82 City of McHenry Mayor and Council July 31, 2023 Page 14 Appendix E: Parcel Reclamation Plan Concept Super Aggregate Hearing Booklet page 20 83 City of McHenry Mayor and Council July 31, 2023 Page 15 Appendix F: Cary Lake at Rotary Park Cary Lake at Rotary Park and Water Supply Well No.10, Cary, Illinois Provided for comparison. Reprinted from Google Earth 84 City of McHenry Mayor and Council July 31, 2023 Page 16 Appendix G: Typical Cross Section of Shallow Aquifers in McHenry County Source: McHenry County WRAP 2020 exhibit. The gravel mine will be located in the “upper aquifer”. The private subdivision wells are located in the “middle aquifer”. 85 City of McHenry Mayor and Council July 31, 2023 Page 17 Appendix H: Cross Section Through Parcel from Fox River to Lily Lake Drain Source: Google Earth 86 City of McHenry Mayor and Council July 31, 2023 Page 18 Appendix I: Overview of Hydrogeological Information 87 City of McHenry Mayor and Council July 31, 2023 Page 19 Appendix J: McHenry County Water Resources Action Plan 2020 Update Section IV Land Uses: Chapter 13 Industrial Uses Sand and Gravel Mining Page 4-43 Sand and Gravel Mining – As a result of historical glacial activity, McHenry County contains significant deposits of sand and gravel. The sand and gravel deposits support a large mining industry in McHenry County that extracts and processes the sand and gravel. The mining process involves extracting, crushing, washing, and sorting the mined sand and gravel. Processed sand and gravel is then sold as material for construction. Sand and gravel are needed for almost any construction project, including roads, buildings, construction fill, concrete and asphalt production, and in the production of finished materials like concrete blocks, bricks, and pipes. The sand and gravel mining industry is well established in McHenry County and supports a large number of jobs. Having sources of sand and gravel nearby also helps keep construction costs down. Because of the weight of sand and gravel, costs for these materials increase exponentially the farther they have to be transported. The sand and gravel areas that attract the mining industry are also important groundwater aquifers and aquifer recharge areas. The sand and gravel areas are porous, which allows rain and snowmelt to infiltrate into the ground and be stored in underground aquifers. McHenry County relies solely on groundwater for its potable water, and these sand and gravel aquifers are the primary source of drinking water in the county. The layers of sand and gravel overlying the aquifers serve as recharge zones that help protect and maintain groundwater aquifers by regulating infiltration rates and filtering water that seeps through the ground to recharge the water table. Sand and gravel mining have a number of direct and potential impacts to water resources. Initial direct impacts include the removal of trees, vegetation and soils that can help treat runoff and reduce localized flooding by intercepting, absorbing and filtering precipitation. The mining of sand and gravel removes the recharge layer in aquifers that previously stored water and provided filtration, removing pollutants as water slowly infiltrated through the soil. Mining operations frequently remove the sand and gravel below the water table, removing all or parts of an aquifer. In such cases, the aquifer is exposed, and groundwater may be used as the wash pond to clean the aggregate material. In other cases, stormwater may be collected and used to wash aggregate. Although the mining activity itself may not cause pollution, the exposed or shallow water table is vulnerable to contamination from airborne pollution sources, pollution from spills or leaks, or any pollutant sources that may be imported into the mine. Best management practices must be rigorously employed to prevent pollution from spills or leaks from the operation, storage, maintenance, and refueling of the vehicles and equipment used in the process of mining sand and gravel. Sand and gravel mining in Illinois is overseen by several agencies and departments under federal, state, and county regulations, including: 1. Illinois Department of Natural Resources; 2. Illinois Environmental Protection Agency; and 3. McHenry County (and Municipalities who have adopted the county’s Unified Development Ordinance standards). The Illinois Department of Natural Resources (IDNR) requires a Surface Mining Permit. • Covered under (225 ILCS 715/) Surface-Mined Land Conservation Reclamation Act and 62 ILL Admin Code Part 300 Surface-Mined Land Conservation Reclamation Act. • Covered under (225 ILCS 715/) Surface-Mined Land Conservation Reclamation Act and 62 ILL Admin Code Part 300 Surface-Mined Land Conservation Reclamation Act. • Surface Mining Permits are required for mining operations that: a. Overburden exceeds 10 feet in depth. b. Where the surface mining and overburden area will affect more than 10 acres during the period of one year (from July 1 to June 30 the following year). 88 City of McHenry Mayor and Council July 31, 2023 Page 20 • Mines are inspected annually (at a minimum) by IDNR staff to confirm the size of the mining area and overburden depth are consistent with approved plans • Permit requires submission of a Conservation and Restoration Plan. • Reclamation Bond must be posted with the State of Illinois (returned when compliance with Restoration Plan is sufficiently demonstrated). • Copies of the permit applications, plans, and maps are delivered to the County Clerk’s office. The Illinois Environmental Protection Agency (IEPA) requires a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges. • Usually covered under a General NPDES Permit ILG84 for Non-Coal Mines. For more information access the Illinois EPA General NPDES Non-Coal Mines Permit from their Website. Note: The IEPA may require an Individual Permit, or alternative General Permit, based on factors including the biological significance, impairment, or proximity of the receiving stream. Any interested person may petition the IEPA to take action on this requirement. • Requires submission of a Notice of Intent to IEPA before any work is initiated. • Requires effluent monitoring and reporting standards. Establishes concentration limits for Total Suspended Solids, pH, and offensive conditions. • Requires submission of a Storm Water Pollution Prevention Plan(SWPPP). o Note: In developing the plan, the NPDES Permit ILG84 requires consideration of the following management practices. Containment: Storage within berms or other secondary containment devices to prevent leaks and spills from entering storm water runoff. Oil & Grease Separation: Oil/water separators, booms, skimmers or other methods to reduce debris and sediment in storm water discharges. Debris and Sediment Control: Screens, booms, sediment ponds or other methods to reduce debris and sediment in stormwater discharges. Stormwater Diversion: Stormwater diversion away from mining excavation, materials processing, materials storage and other areas of potential stormwater contamination. Covered Storage, Processing, or Mining Areas: Covered fueling operations, materials processing and storage areas to prevent contact with stormwater. The McHenry County Unified Development Ordinance (UDO) requires a Conditional Use Permit for most earth extraction and mining. • Potential exemptions include operations on lots no more than two acres in size. • Requires an Earth Extraction Report and Plan that provides details on existing site conditions and proposed operations. • No earth extraction and/or mining operation(s) is permitted to operate in such a manner that the groundwater table of surrounding properties is adversely impacted. Water pumped from the site for the purpose of washing shall be retained in a pond until the silt and clay settles and then the water recycled. • A groundwater monitoring network must be installed and maintained in good working condition. Groundwater wells will be sampled, tested and report results in accordance with UDO requirements. • The Zoning Enforcement Officer, in conjunction with the Department of Health, reserves the right to enter earth extraction sites at all reasonable hours to collect samples or to co-sample any monitoring well. • The Zoning Enforcement Officer reserves the right to request additional parameters to be tested when contamination is indicated or in areas where asphalt batching and concrete mixing occurs, or in locations where petroleum products or other hazardous chemical storage takes place. • Requires a Spill Prevention Containment and Control Plan for asphalt batching, concrete mixing, petroleum products, or other hazardous chemical storage. • Requires a Reclamation Plan 89 City of McHenry Mayor and Council July 31, 2023 Page 21 • Requires a bond or other surety to be held until lands have been reclaimed in accordance with the reclamation plan, and the work is approved by the Department of Planning and Development In the past, some mines allowed for the dumping of waste material into the excavated mines, including fill from offsite sources, construction and demolition debris, and other material. This activity is now regulated under 35 Ill. Adm. Code 1100 by the Illinois EPA, Bureau of Water, which allows for the disposal of materials identified as clean construction or demolition debris (CCDD) and uncontaminated soil. CCDD means uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement, or soil generated from construction/demolition activities. Uncontaminated soil means soil that does not contain contaminants in concentrations that pose a threat to human health and safety and the environment.9 Beginning July 1, 2008, use of CCDD as fill material in a current or former quarry, mine, or other excavation is prohibited unless a special permit is obtained from the Illinois EPA. Mining operations that comply with the regulations follow specific guidelines to pre-certify fill material before it is accepted, and to test samples from loads being trucked in, to reduce the potential for contamination. For more information, refer to the Illinois EPA Clean Construction or Demolition Debris website. As long as water is not drained from a mine, the water table should maintain an equilibrium and not create a drop in regional water levels. Historically, gravel operations in McHenry County have not drained water from mines and therefore do not appear to have impacted the capacity of wells in their vicinity. However, without state or federal regulations that prevent draining, mines could engage in this activity unless it is explicitly prohibited in the special use permits issued by the county. Additionally, state and federal regulations do not protect groundwater. Therefore, to protect groundwater quantity and quality, municipalities are advised to adopt the mining regulations outlined in the McHenry County UDO for mines to be built or annexed into their boundaries. Sand and gravel mining typically result in the presence of deep excavated pits, heavily disturbed ground, and sometimes, open water ponds. As a consequence, mines were frequently abandoned, converted to dumps, or used for other purposes that may not be permitted today. Therefore, proper reclamation is necessary to put mined land into safe, productive use when a mine ceases operations. There are many options for reclamation design depending on the mine’s location, adjacent land uses, community goals, or other factors. For instance, mined land can be regraded, covered with topsoil, and converted to agricultural use. Recently, there has been increased interest in re-grading the mined land and water features for use as naturalized open space or recreational use. In these cases, the well data collected during mining operations will be important to confirm water quality standards and water levels. It is a critical for all parties (municipality or county, and the mining operator) to have a clear understanding of expectations and obligations for the mine reclamation. A variety of BMP options are available to eliminate or minimize the presence of pollutants in stormwater discharges from mineral mining and processing facilities. To be effective, a combination, or suite, of BMPs will likely be needed. Many of the BMPs related directly to mining operations include soil erosion and sediment control techniques (such as the installation of ditches, dikes, and settling basins) to collect wash water and divert sediment-laden runoff from being released. Other options include pollution prevention BMPs, which are designed to prevent or minimize pollutants from entering stormwater runoff and/or reduce the volume of stormwater requiring management. Prevention BMPs can include spill prevention, control, and clean-up strategies; dust prevention and control; proper waste management practices and regular cleanup; collection and containment of debris in storage areas; and employee training. It may also be necessary to implement treatment BMPs. These are engineered structures intended to treat stormwater runoff and/or mitigate the effects of increased stormwater runoff peak rate, volume, and velocity. Treatment BMPs are generally more expensive to install and maintain, and include oil-water separators, wet ponds, and proprietary filter devices. 90 City of McHenry Mayor and Council July 31, 2023 Page 22 Examples of BMPs for sand and gravel mining operations include: • Placing roads or other sources of sediment and pollution as far as possible from natural drainage areas, lakes, ponds, wetlands, or floodplains. • Installing dikes, curbs, and berms for discharge diversions. • Installing sediment settling ponds and siltation berms. • Performing all fueling, repairs and maintenance of vehicles and equipment on a concrete pad that is impervious and contained (asphalt is not chemically resistant). Using berms, curbs, or similar means on the concrete pad to ensure that stormwater runoff from other parts of the facility does not flow over the maintenance area. If possible, performing these operations indoors or under cover. • Using drip pans where leaks or spills of fuel can occur and where making and breaking hose connections. • Using fueling hoses with check valves to prevent hose drainage after filling. • Discouraging “topping off” of fuel tanks. • Keeping spill cleanup materials readily available and training personnel in their use. Cleaning up leaks, drips, and other spills immediately without using large. amounts of water. Using absorbents for dry cleanup whenever possible. Properly disposing of spill and clean-up material (eg, material collection service). • Disposing of greasy rags, oil filters, air filters, batteries, spent coolant, and degreasers properly. • Promptly transferring used fluids to the proper container; not leaving full drip pans or other open containers around the shop; emptying and cleaning drip pans and containers. • Labeling and tracking the recycling of waste material (eg, used oil, spent solvents, batteries). • Collecting the stormwater runoff from the cleaning area and providing treatment or recycling. Refer to EPA Industrial Stormwater Factsheet/Checklist Sector J. Mineral Mining and Processing Facilities for more detailed BMP information. 91 City of McHenry Mayor and Council July 31, 2023 Page 23 Appendix K: County of McHenry Unified Development Ordinance CHAPTER 16.56: USE STANDARDS Section 16.56.010 Purpose 16.56.020 Use of land and structures 16.56.030 Principal use standards 16.56.040 Temporary use standards 16.56.050 Accessory structure and use standards § 16.56.010 PURPOSE. The purpose of this chapter is to set forth additional requirements for certain uses of land. These standards are intended to ensure that the use is compatible with the surrounding area. Nothing in this chapter shall be construed as limiting or prohibiting the ability of the County Board to impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of a conditional use as deemed necessary for the protection of the public interest. (Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O- 201603-ZBA-010, passed 3-17-2016, § 14.1; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O- 201808-10-033, passed 8-21-2018) § 16.56.020 USE OF LAND AND STRUCTURES. A. A structure or land shall be used or occupied in conformity with the regulations for the zoning district in which it is located. B. The use standards of this section apply to uses allowed in the zoning districts, whether considered permitted, conditional, or temporary. Uses shall comply with all standards of this Ordinance. C. Noncompliance with any of these use standards is considered a violation of this Ordinance and subject to enforcement provisions. D. All uses shall comply with the requirements of the McHenry County Stormwater Management Ordinance, McHenry County Public Health Ordinance, and McHenry County Access Control and Right-of- Way Management Ordinance. E. All uses shall comply with any applicable state and federal laws and regulations. F. Where state or federal permits or licenses are required, permits or licenses shall be obtained by the applicant prior to initiating the use. If a state or federal permit or license cannot be issued prior to zoning approval, the applicant must submit proof that he/she has applied for the permit or license. G. The following uses require state or federal permits or licenses: agriculture employee housing; airports, heliports, and restricted landing areas; day care center or home; earth extraction/mining; game preserve; hospital; landscape waste composting facility; recycling collection center; recycling processing facility; residential care facility; and salvage yard. Additional uses not identified above may require state or federal permits or licenses, which must be obtained by the applicant. 92 City of McHenry Mayor and Council July 31, 2023 Page 24 § 16.56.030 PRINCIPAL USE STANDARDS. P. Earth Extraction and Mining. 1. Earth Extraction Activities Exempt from Conditional Use Permit. An owner is exempt from the requirements of conditional use permit approval pursuant to this section provided each of the following conditions are satisfied: a. Earth extraction operations are conducted upon a recorded lot of record no more than two (2) acres in size. b. Less than ten (10) feet of overburden is removed for the single purpose of improving the agricultural use of that parcel or another parcel in his/her ownership or of his/her spouse or children. Earth extraction and/or mining operation(s) do not constitute an agricultural use. c. The owner files an affidavit with the Zoning Enforcement Officer that the above conditions have been met. Such earth extraction or mining operation(s) may be conducted without a hearing before the Zoning Board of Appeals and without approval of the County Board. The Zoning Enforcement Officer will provide the necessary form of application and affidavit and issue a certificate of exemption if warranted to the owner. However, this certificate does not eliminate the need for any other required permits. 2. Compliance with State and Federal Regulations. a. It is unlawful for any owner/operator to engage in earth extraction or mining in an area where the overburden exceeds ten (10) feet in depth or where the operation will affect more than ten (10) acres during the permit year without first obtaining a permit from the Illinois Department of Mines and Minerals to do so, pursuant to the Surface-Mined Land Conservation and Reclamation Act (225 ILCS 715/1 et seq.), as amended. b. All owner/operators shall comply with the regulations of the United States Environmental Protection Agency and all State of Illinois and federal regulatory agencies for occupational health and safety, and shall obtain any necessary permits prior to conditional use permit approval. Before the onset of any operations, the Zoning Enforcement Officer shall be provided with copies of all necessary permits. 3. Earth Extraction Report and Plan. The applicant must submit the following information no less than thirty (30) calendar days prior to the opening of the public hearing for the conditional use permit: a. Ownership of land. b. Minerals to be extracted or mined. c. Character and composition of vegetation and wildlife on land to be affected. d. Current assessed valuation of lands to be affected. e. Assessed valuation shown by two (2) quadrennial assessments next preceding the currently effective assessment. f. The nature, depth, and proposed disposition of the overburden. g. The estimated depth to which the mineral or aggregate resource will be extracted or mined. h. The technique to be used in the extracting and/or mining operation. i. Estimated type and volume of excavation. 93 City of McHenry Mayor and Council July 31, 2023 Page 25 j. The equipment proposed to be used. k. Practices and methods proposed to be used to minimize noise, dust, air contaminants, and vibration and to prevent pollution of surface or ground water. l. If applicable, the recycling of water used for washing and grading. m. If applicable, the proposed usage or drainage of excess water. n. The simultaneous reclamation plan including methods of accomplishment, phasing, and timing. o. Current and past uses of the land. p. Location of existing roads, and anticipated access and haulage roads planned to be used or constructed in conducting earth extraction and/or mining operation(s). q. Location and names of all streams, creeks, wetlands and bodies of water within lands to be affected. r. Drainage on and away from affected land, including directional flow of water, natural and artificial drainage ways and waterways, and streams or tributaries receiving the discharge. s. A topographic survey with two-foot (2') contours, at the same scale as the aerial photo showing the existing conditions on the subject site. t. A traffic study showing the impacts of increased truck traffic from the location of the earth extraction or mining site to the nearest County or State highway that will be used for transport. u. A current Illinois Department of Natural Resources Endangered Species Consultation (EcoCAT) Report. 4. Expiration and Renewal of Conditional Use Permit. a. All earth extraction or mining conditional use permits expire ten (10) years from the date of approval, unless a lesser time is approved. At the Zoning Board of Appeals public hearing, a time limit will be established in which the operator will complete earth extraction and/or mining operation(s) on the parcel. If operation(s) are not completed during the imposed time, the operator is required to request a renewal of the conditional use permit or cease operation. b. The renewal of a conditional use permit under this section is valid for a maximum of ten (10) years. c. A request to renew a conditional use permit that involves additional acreage or equipment above that allowed in the original conditional use permit is treated as a new conditional use permit. d. The following describes the process to renew a conditional use permit: (1) If an owner is not able to finish earth extraction and/or mining operation(s) on the acreage described in the conditional use permit in the time specified, the owner shall apply to the Zoning Board of Appeals for a renewal of the permit. (2) The Zoning Board of Appeals will hold a public hearing. All maps required by this ordinance for the initial hearing shall be revised, updated, and resubmitted along with a statement of the current status of the reclamation. A new map describing conditions present on the site shall be furnished as described in “Existing Conditions” section of the Standards. 94 City of McHenry Mayor and Council July 31, 2023 Page 26 (3) The applicant shall furnish the Department of Planning and Development with a copy of the required maps, plans, and other related exhibits for review of the revised or extended reclamation plan no less than thirty (30) days before the Zoning Board of Appeals hearing. (4) The Department of Planning and Development will prepare a report on the revised or extended reclamation plan and enter it into evidence at the Zoning Board of Appeals hearing. (5) Any application for a renewal of a conditional use permit shall be filed with the Zoning Board of Appeals a minimum of one hundred twenty (120) days before the expiration date of the original conditional use permit or any renewal. Failure to file a request for renewal within the required time results in a required cessation of operations and, if applicable, the sale of product upon the expiration of the conditional use permit. 5. Required Bonds. a. An owner is required to obtain the proper permits and submit a bond or other acceptable form of surety. If a bond is required by the State of Illinois, the owner is only required to provide the Department of Planning and Development with a photocopy. A bond of no less than two thousand five hundred dollars ($2,500.00) for each acre affected is required. The actual dollar amount will be established during the hearing process with the Zoning Board of Appeals, based upon one hundred fifty percent (150%) of the engineer’s estimate of the cost of reclamation per acre average at the time earth extraction and/or mining operation(s) are to be performed. This estimate shall take into consideration inflation of costs in future years. The actual operation will be monitored by the Zoning Enforcement Officer, who will prepare a written report on the progress before partial or full release of the surety. b. The surety will be held by the Department of Planning and Development. The bond will remain in effect until the affected lands have been reclaimed in accordance with the reclamation plan and the work is approved by the Department of Planning and Development and the Zoning Enforcement Officer at the annual review of the operation. c. Earth extraction and/or mining operation(s) are not allowed unless a bond has been posted with the Department of Planning and Development. The form and type of surety shall be approved by the Office of the State’s Attorney of McHenry County. The surety will be for assurance of completion of reclamation and the initial surety amount set on an anticipated three (3) years working basis with reasonable allowance for inflation of costs. Before the end of each one-year (1-year) period, the Zoning Enforcement Officer’s evaluation and the approval of the past years work will be required for release of or reduction of the bond amount and at that time, re-bonding established for the next one-year (1-year) period or fraction thereof. 6. Reclamation Plan. a. Reclamation Regulations. The applicant must submit a reclamation plan map and statement of sequential operation and reclamation as a condition of approval. The reclamation plan shall be submitted no less than thirty (30) calendar days prior to the opening of the public hearing. The Department of Planning and Development shall prepare a report on the reclamation plan and enter it into evidence at the public hearing. The reclamation plan map shall produce a finished condition that provides for the return of the affected land to a useful purpose. b. Changes to the Reclamation Plan. In the event that a change in the reclamation plan is necessary due to the unanticipated characteristics of the area concerned, the Department of Planning and Development shall be provided with appropriate documentation, and will study the proposed change and give the report to the Zoning Enforcement Officer and the Planning and Development Committee for their review. Changes may be made in the reclamation plan upon the request of the owner and require approval from the Zoning Enforcement Officer and the Planning and Development Committee. The 95 City of McHenry Mayor and Council July 31, 2023 Page 27 change(s) shall preserve, as substantially as possible, the original reclamation plan, but may provide for previously unknown variables. c. Finished Conditions. The finished conditions of all land affected by earth extraction and/or mining operation(s) shall: (1) Be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use, with slopes of no more than a fifteen percent (15%) grade. In the case of those lands to be reclaimed in accordance with the filed plan for forest plantations, recreation or wildlife, the final cut spoil, the outside slope of the box cut spoil, the outside slopes of all overburden deposition areas, and the side slopes of haulage road inclines are limited to a maximum thirty percent (30%) grade, but such slopes need not be reduced to less than the original grade of the overburden of the area prior to earth extraction and/or mining operation(s). (2) Be designed to control conditions that could cause erosion on site or on surrounding properties. (3) Be designed so that any surface drainage from the property leaves the property at the original, natural drainage points. If this is not possible, the drainage plans shall be reviewed by the Department of Planning and Development as part of the overall submission. Drainage volume shall not be increased over what it would have been if the site remained in its former use. The finished condition shall meet McHenry County Stormwater Management Ordinance standards. (4) Be covered with arable topsoil to a minimum depth of six (6) inches and have a minimum of ten percent (10%) organic material. However, no greater depth of topsoil or percentage of organic material is required than that originally existing on the property prior to commencement of operations. (5) After replacement of the topsoil, be successfully planted with native vegetation (trees, shrubs, legumes, grasses, or groundcover) or agricultural crops in accordance with the reclamation plan in order to avoid erosion in the numbers and sizes of plantings described in the plan. (6) Whenever earth extraction and/or mining on any property is complete, all processing plants, structures other than those shown to remain on the reclamation plan, fences, and equipment shall be entirely removed from the property within one (1) year from the expiration date of the conditional use permit. (7) If applicable, prior to the termination of the conditional use permit, the owner shall file with the McHenry County Recorder, a permanent easement, approved by the Zoning Enforcement Officer after review by the McHenry County’s State’s Attorney’s Office, that provides access to the real estate for the purpose of monitoring and sampling of the then existing wells. d. Reclamation Plan Requirements. (1) General. A reclamation plan shall consist of a combination of graphic representation and written or printed text, the proportions of which may vary, but together they shall be sufficient to result in comprehensive and understandable documents showing the intent, methods, and processes of reclamation of the land as well as the extent of the site, the initial conditions, intermediate stages, and ultimate arrangement of land forms. The reclamation plan shall describe these conditions and procedures completely and clearly so that the plans may become regulatory documents to be used or referred to in the implementation of its intent. (2) Plan Elements. The following four (4) elements are required for the reclamation plan, and for each element certain standards are cited. Due to natural differences at each earth extraction site, each element may vary in the preparation of plans for different sites, however, each element must be addressed as appropriate for each site. 96 City of McHenry Mayor and Council July 31, 2023 Page 28 (a) Common Mapping Standards. Each plan element shall depict the following information: i. Site Mapping: One inch to one hundred feet (1"=100') preferable, or one inch to two hundred feet (1"=200') alternative acceptable. ii. Contour Interval: Two (2) feet for slopes thirty percent (30%) or less; ten (10) feet for greater slopes when map scale is one inch to one hundred feet (1"=100) feet. All contours shall be in terms of elevations above mean sea level (USGS MSL or MGVD). iii. Contour Interval: Two (2) feet for slopes twenty percent (20%) or less; ten (10) feet for greater slopes when map scale is one inch to two hundred feet (1"=200') feet. All contours shall be in terms of elevations above mean sea level (USGS MSL or MGVD). iv. Roads or Streets: Name, right-of-way width, and road within right-of-way, and centerline elevations at fifty-foot (50') intervals for three hundred (300) feet beyond the site. v. Easements: Widths and identification of utility or other purpose. (b) Element 1: Existing Conditions. The purpose of Element 1 is to provide sufficient information to describe the existing conditions at the site including topographic, hydrologic, and other data relating to the property to be mined and the area immediately adjacent to the perimeter of that property, and to establish a beginning point for measurement of mining and reclamation progress. Element 1 shall include the following information: i. Common mapping standards as listed above. ii. Natural Land Features: Locations of watercourses and drainageways, floods of record, sinks, basins, wooded areas, and wetlands as identified on National Wetlands Inventory quadrangle maps. iii. Man-Made Features: All buildings and other structures, dams, dikes, and impoundments of water. iv. Adjacent Land Features: All of the standards above shall apply to delineation of the area within three hundred (300) feet of the perimeter of the mined area. In addition, all platted subdivision lots and metes and bounds parcels must be shown. v. Groundwater: Locations of at least five (5) borings which show depths to groundwater, date of observed water levels twenty-four (24) hours after drilling and surface elevations of borings shall be noted. vi. Cross-Sections (as required) to Illustrate Conditions: Vertical scale equal to, or in exaggeration of, horizontal scale. (c) Element 2: Mining Operations, Procedures, and Phases. The purpose of Element 2 is to provide sufficient information in the form of a map, diagrams, or other graphics accompanied by descriptive text to show the extent of the area to be mined, define the limits of the area where processing will take place, where process water will be ponded, and how processed material will be transported, and to illustrate the sequences of the reclamation process and describe the time relationship of the phases. The document produced should be sufficiently specific to aid in administration of monitoring the progress of mining and reclamation. Element 2 shall include the following information: i. Common mapping standards as listed above. ii. Processing areas shall be identified and boundaries shown to scale. 97 City of McHenry Mayor and Council July 31, 2023 Page 29 iii. Access road to processing and mining areas shown to scale. iv. Sequences of operation showing approximate areas involved shall be shown to scale and serially numbered with a description of relation of mining to reclamation follow-up activity and timing. v. Locations of screening berms shall be shown to scale and notes shall be provided indicating when they will be used as reclamation material. In the same manner, overburden storage areas shall be identified and noted. vi. Fences and gates shall be shown on the site map and their type or construction shall be described. Any fencing related specifically to certain phases of mining or reclamation shall be identified and noted. vii. Proposed locations of principal service or processing buildings or enclosures shall be shown as well as locations of settling basins and process water ponds. viii. Site drainage features shall al so be shown and flow directions indicated. ix. A Spill Prevention Containment and Control Plan for asphalt batching, concrete mixing, petroleum products, or other hazardous chemical storage. (d) Element 3: Reclamation Plan (Final Land Form). The purpose of Element 3 is to give a reasonably accurate description of the final form of the reclaimed land after all mining has been completed and processing equipment, settling basins, process water sources etc., have been removed or eliminated. The solution of the problem of end-match of new contours to old contours of peripheral land should be evident as should all problems of compatibility of physical characteristics of new land forms to surrounding land, land use, and drainage. Element 3 shall include the following information: i. Common mapping standards as listed above. ii. Locations of any proposed roads within the reclaimed area and their connection to present public roads beyond. iii. Locations of any lakes, ponds, or streams proposed within the reclaimed area and their connections to streams or drainageways beyond. iv. Locations of any proposed man-made structures within the reclaimed area (dams, buildings, etc.). v. Locations of all buildings within three hundred (300) feet of the perimeter of the mining site. vi. Area where vegetation is to be established and indicate types of vegetative cover. vii. Describe the degree of flexibility considered to be needed in execution of the plan. (e) Element 4: Use of Reclaimed Land. The purpose of Element 4 is to show that the final land form portrayed in the drawings for Element 3 has a viable land use compatible with land use trends of the surrounding area. The base map for this element should be the final land form map upon which shall be shown, by overlays or separate drawings and notes, one or more developed schemes for end land use or uses, each demonstrating that developed areas are accessible by roads and that physical attributes of the final land form are compatible with the proposed use or uses. It is understood that this is a hypothetical exercise and will be evaluated as such. It should not be considered a commitment to the use portrayed by either the applicant or the County as such end use or uses may require additional zoning and review for approval. Element 4 shall include the all the information required in Element 3: Reclamation Plan (Final Land Form). 98 City of McHenry Mayor and Council July 31, 2023 Page 30 7. Operation Requirements. a. Existing trees, shrubs, and other types of woody vegetation along road frontages shall be protected and maintained. Weeds and other unsightly noxious vegetation shall be cut or trimmed as necessary to present a neat appearance and prevent the hazard of grass fires. b. No earth extraction and/or mining operation(s) is permitted to operate in such a manner that the groundwater table of surrounding properties is adversely impacted. In the case of mining operations, water pumped from the site for the purpose of washing shall be retained in a pond until the silt and clay settles and then the water recycled in the area affected. Groundwater quality shall be monitored and maintained on a regular basis in accordance with monitoring practices. Groundwater monitoring parameters are established in subsection P.8. below (Groundwater Monitoring). Monitoring reports are to be conducted on January 30, April 30, July 30 and October 30 of each year that the operation continues and submitted to the Zoning Enforcement Officer. c. If the subject areas front on a township road used for site access, the owner, at commencement of operations, shall bring that township road up to the paving standards required by this Ordinance from the entrance of the subject area to the nearest federal, state, or County road used by the operator. The owner shall repair any section of road damaged as a result of hauling operations, but is not responsible for the normal wear and tear of the road. This provision does not require the operator to purchase additional right-of-way. d. All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements and wells, and damage to any street by slides, sinking, or collapse of supporting soil adjacent to an excavation. e. The following apply to earth extraction and/or mining conditions only: (1) Earth extraction and/or mining operation(s) that remove and do not replace the lateral support shall be located a minimum of thirty (30) feet from property lines, established right-of-way lines of any public roads, streets, or highways unless a lesser distance is mutually agreed to by the owner and adjacent property owner and submitted in writing. (2) The bottom of the slope of the excavated face shall be no closer to the point determined in subsection P.7.e.(1) above, than a distance equal to one and one-half (1½) times the depth of the excavation. (3) If consolidated materials occur in the excavated face, the slope of the face may be steeper than one and one-half (1½) to one (1) slope per subsection P.7.e.(2) above for the depth(s) of those materials, however all other excavated slopes of unconsolidated materials are limited to one and one-half (1½) to one (1) slope. (4) In the case that the right-of-way has not been recently surveyed by a registered land surveyor and clearly marked, the right-of-way line is assumed to be, for the purpose of this section, a minimum of forty (40) feet from the centerline of the existing road. f. All active operations shall be separated by an earthen berm no less than six (6) feet in height and/or a farm fence of no less than fifty-four (54) inches in height, and designed to allow the free flow of wild animals, but discourage trespassing by humans and farm animals. Berms that remain in place for one (1) year or longer shall be planted with grass, shrubs, and trees, and maintained as a visual and acoustical screen. They shall be designed so that they do not erode into the road or highway right-of-way or onto a contiguous property. All berms located along roadways must comply with all applicable state regulations. 99 City of McHenry Mayor and Council July 31, 2023 Page 31 g. The processing and stockpiling of aggregate resources is prohibited within three hundred (300) feet of the property line of any contiguous property in a residential zoning district. h. The hours of operation for all activities, other than maintenance functions, are restricted to 5 a.m. to 9 p.m. from April 1 until October 31. The remainder of the year, the hours of operation are restricted to 6 a.m. to 6 p.m. In emergency situations, operations are permitted at times otherwise prohibited. An emergency situation, for the purpose of this section, is any operation necessary to provide repairs to roadways or provide other materials and assistance that, if delayed until normally permitted hours, would cause injury or loss of life or property. Any emergency operation or activity under this section shall be immediately reported to the McHenry County Sheriff’s Department and reported to the Zoning Enforcement Officer the next business day. i. Operations shall be conducted so that noise levels and air and water standards comply with federal and State of Illinois requirements. j. Access ways and on-site roads shall be maintained in a dust-free condition. k. The premises shall be neat and orderly, free from junk, trash, or unnecessary debris. Buildings shall be maintained in a sound condition and in good repair and appearance. Salvageable equipment stored in a non-operating condition shall be suitably screened or garaged. l. Enough topsoil shall be stockpiled to meet the required finished conditions. m. No operations may occur on the property without an Annual Operations Permit issued by the Zoning Enforcement Officer. The operations permit may be for less than the total area proposed. The construction of access or haul roads, building and landscape of required berms, and other site improvements required for site preparation do not require an Annual Operations Permit. n. At all times, the owner shall take adequate measures to insure that contaminated surface water run-off does not enter ponds, streams, wetlands, or other areas of open standing water. o. The owner shall take adequate measures within the site to insure that trucks, exiting the site on roadways, do not discharge earth materials or debris on the roadway. p. The Zoning Enforcement Officer, or a duly authorized representative, has the free right of access to the subject property for the purpose of inspections, making water level measurements, obtaining water or material samples, and for gathering other information necessary for the proper discharge of responsibilities. q. The owner is assessed an annual fee to pay for compliance monitoring based on costs. 8. Groundwater Monitoring. a. General Requirements. (1) The cost of setting up a groundwater monitoring network, monitoring and any remedial action to remedy contamination caused by the earth material extraction site is the responsibility of the owner. (2) The owner shall notify the Zoning Enforcement Officer at least twenty-four (24) hours prior to sampling of the time and day that groundwater samples will be taken. (3) The Zoning Enforcement Officer, in conjunction with the Department of Health, reserves the right to enter the earth materials extraction site at all reasonable hours to collect samples or to co-sample any monitoring well. 100 City of McHenry Mayor and Council July 31, 2023 Page 32 (4) Upon renewal of a conditional use permit for an existing earth extraction operation or upon approval of a conditional use permit for a new earth extraction operation a baseline PNA (Polynuclear Aromatics) shall be conducted. b. Monitoring Well Requirements. (1) For operations that currently exist pursuant to a previously issued conditional use permit by the County Board, the current groundwater wells will be used to meet the groundwater monitoring requirements. (2) Those earth extraction operations that are not required to conduct groundwater monitoring as of the date of adoption of this Ordinance shall establish site specific geology, aquifers and groundwater flows by a qualified professional hydrogeologist. Monitoring well locations shall be representative of the aquifer(s) impacted by the earth material extraction operation. There shall be a minimum of one (1) up- gradient and two (2) down-gradient wells established. The location, number of wells, and depth(s) shall be contingent on the hydrogeological evaluation. Construction techniques and materials used shall be those consistent with acceptable standards for groundwater monitoring wells. Plans for placement, materials and construction details shall be submitted in writing by the hydrogeologist to the Zoning Enforcement Officer prior to construction. Monitoring wells shall not be modified, deepened, or relocated without the prior approval of the Zoning Enforcement Officer. (3) Monitoring wells shall not be obstructed and shall remain accessible at all times for sampling. (4) Monitoring wells shall be maintained in good condition as designed and constructed and shall be protected from vehicular traffic. (5) Monitoring wells that have an insufficient quantity of water to conduct sampling for two (2) consecutive sampling events shall be deepened or relocated as approved by the Zoning Enforcement Officer to yield groundwater samples. c. Sampling Frequency and Parameters. (1) Quarterly sampling shall be for those parameters listed in the general groundwater quality and contamination indicators in Table 16.56-1: General Groundwater Quality Indicators. Results shall be provided in an electronic format to the Zoning Enforcement Officer within forty-five (45) days of the sampling. (2) When sample results confirm an exceedance of chloride, nitrate or ammonium nitrogen, or a detection of benzene, toluene, ethylbenzene or xylene, the monitoring well shall be re-sampled for that parameter within thirty (30) calendar days with a copy of the results provided in an electronic format to the Zoning Enforcement Officer within fourteen (14) calendar days of the sampling. (3) Sampling of chloride, nitrate, pH, ammonium nitrogen, and specific conductance, may be reduced to annual subsequent to establishment of the background groundwater quality if there have been no exceedances of chloride, nitrate, or ammonium nitrogen for the most recent full year of sampling. (4) Sampling of benzene, toluene, ethylbenzene and xylene may be reduced to annual subsequent to establishment of the background groundwater quality if there have been no detections of benzene, toluene, ethylbenzene, and xylene for the most recent full year of sampling. (5) In the event of an exceedance of chloride, nitrate, or ammonium nitrogen, the sampling frequency for that parameter shall return to quarterly. (6) In the event of a detection of benzene, toluene, ethylbenzene, or xylene, the sampling frequency for that parameter shall return to quarterly. 101 City of McHenry Mayor and Council July 31, 2023 Page 33 (7) Where asphalt batching, concrete mixing, or where petroleum products or other hazardous chemical storage takes place, the Zoning Enforcement Officer reserves the right to request additional parameters to be tested. (8) Additional water sampling parameters or frequency may be required if water contamination is indicated. This will be determined by the Zoning Enforcement Officer in conjunction with the Department of Health and the owner. The Zoning Enforcement Officer will notify the owner of the modified sampling parameters required. (9) Water samples are to be taken and tested by Illinois Environmental Protection Agency approved methods and procedures and protocol. The test wells shall be purged two (2) times the volume of the well before the sample is drawn. (10) In the event that an exceedance of chloride, nitrate, or ammonium nitrogen is due to natural background, resulted from an error in sampling, analysis, or evaluation, or does not exceed the MCLs (maximum contaminant levels) set forth in Table 16.56-1 and does not cause adverse health effects, the Zoning Enforcement Officer may, after consultation with the Department of Health, allow the sampling frequency to be reduced to annual. (11) In the event that an exceedance of chloride, nitrate, or ammonium nitrogen is due to natural background or does not exceed the MCLs set forth in Table 16.56-1 and does not cause adverse health effects, the Zoning Enforcement Officer may, after consultation with the Department of Health, waive the requirement to resample the monitoring well within thirty (30) calendar days. d. Corrective (Remedial) Action. (1) Corrective action shall take place if a constituent is detected at or above the groundwater quality standard level contained in Table 16.56-1 or the background water quality is exceeded by three (3) standard deviations. Corrective action shall include an inspection of the site by a qualified professional hydrogeologist to evaluate and identify any potential up-gradient, on-site, and down-gradient sources of contamination. (2) Background water quality shall be established by sampling one or more monitoring points at depths and locations sufficient to yield groundwater samples that are representative of background water quality. Background groundwater quality for indicator parameters shall be determined by averaging a minimum of eight (8) sample results (over the normal two-year (2-year) sample period) for each well. The Zoning Enforcement Officer, in conjunction with the Department of Health, may exclude any sample result that is non-representative of background water quality. (3) Standard deviation for a group of samples is equal to the square root of: the value of the sum of the squares of the difference between each sample in the sample group and the mean for that sample group divided by the number of samples in the sample group. (4) Investigative and corrective action shall begin to take place immediately upon receipt of reports which indicate contamination unless the Zoning Enforcement Officer specifies in writing upon application of the owner or operator wherein the owner or operator has demonstrated clearly to the Zoning Enforcement Officer in conjunction with the Department of Health that one of the following has occurred: (a) The source of contamination is due to natural background. (b) The detection resulted from error in sampling, analysis, or evaluation. 102 City of McHenry Mayor and Council July 31, 2023 Page 34 (c) The contamination will not exceed the MCLs set forth in Table 16.56-1, the contaminants do not cause adverse health effects, and all actions have been undertaken to ensure the degree and extent of contamination is reduced. (d) The contamination is a result of contaminants remaining in groundwater from a prior release for which corrective action was undertaken in accordance with instructions from the appropriate agency. (e) The contamination is from a release up-gradient of the monitoring wells and is clearly not from any activities on the site. (5) Corrective action shall be to remediate the contamination to below the action levels established herein and to strive to re-establish groundwater quality levels similar to up-gradient groundwater quality. The cost of this remediation shall be borne by the party that caused the contamination to be introduced. If it is determined that the contamination is a result of the owner’s operation, the owner shall be responsible for the cost. TABLE 16.56-1: GENERAL GROUNDWATER QUALITY INDICATORS General Indicators Primary Standards Secondary Standards TABLE 16.56-1: GENERAL GROUNDWATER QUALITY INDICATORS General Indicators Primary Standards Secondary Standards Chloride 250 mg/l Nitrate (As N) 10 mg/l Ph < 6.5—8.5 > Ammonium Nitrogen < 1.5 Specific Conductance 850 umhos/cm Benzene 0.005 mg/l Toluene 1.0 mg/l Ethylbenzene 0.7 mg/l Xylene (Total) 10.0 mg/l Polynuclear Aromatics (PNA)Chemical Compound Primary Standards Acenaphthene 0.42 mg/L Acenephthylene* 0.023 mg/L Anthracene 2.1 mg/L Benzo (a) anthracene 0.00013 mg/L Benzo (b) fluoranthene 0.00018 mg/L Benzo (k) fluoranthene 0.00017 mg/L Benzo (a) pyrene 0.0002 mg/L Benzo (g,h,i) perylene* 0.0076 mg/L Chrysene 0.0015 mg/L Dibenzo (a,h) anthracene 0.0003 mg/L 103 City of McHenry Mayor and Council July 31, 2023 Page 35 Fluoranthene 0.28 mg/L Fluorene 0.28 mg/L Indeno (1,2,3-c,d) pyrene 0.00043 mg/L Naphthalene 0.025 mg/L Phenanthrene* 0.0064 mg/L Pyrene 0.21 mg/L Groundwater levels shall be measured in feet to one decimal place each time a sample is taken. The Standards will be updated based on USEPA recommendations. e. Cessation of Monitoring. (1) Upon completion of extraction and reclamation and acceptance of the completion of these items by the Zoning Enforcement Officer, the owner/operator shall be responsible for ground water testing for one year. Remediation shall be the responsibility of the owner. The County shall continue to hold the letter of credit/bond for reclamation until one (1) year has expired. (2) After the one-year (1-year) monitoring period has been completed monitoring wells must be sealed per the requirements of the McHenry County Public Health Ordinance under a permit issued by the Department of Health at a cost to be borne by the operator. 9. Enforcement. a. The Zoning Enforcement Officer, in conjunction with other appropriate departments, will review annually each earth extraction and/or mining conditional use permit. In addition to the reclamation plan and map, the owner shall provide the Department of Planning and Development with an annual aerial photo of the total operation, enlarged to a scale of one inch to one hundred feet (1"=100') or other scale that would adequately display the property affected on a thirty-inch (30") square format. All aerial photos shall meet Department of Planning and Development standards. The first photo shall be taken during the first year in operation and subsequent photos taken in the same month of the following years. Each year's photo shall be presented at the same scale for the purpose of comparison. Photos or contracts for photos shall be submitted prior to the issuance of the Annual Operating Permit. b. If it is determined that the operator is not in substantial compliance with this Ordinance, the bonding requirements, the simultaneous reclamation and operation statement, or the reclamation plan/map, the Zoning Enforcement Officer will issue a stop work order on all operations other than reclamation work needed to bring the operation into compliance. c. Every five (5) years, at the time of the annual review, bonding, release of bond, and re-bonding will be checked as specified in this section. In addition, the owner shall provide the Zoning Enforcement Officer with a topographic survey with two-foot (2') contours, at the same scale as the aerial photo. The topographic survey shall show the status of existing conditions on the subject site. The Zoning Enforcement Officer, in conjunction with the Department of Planning and Development, will prepare a report and submit it to the Planning and Development Committee for their review. d. Before release of a bond, an on-site inspection of the acreage reclaimed shall be made by the Zoning Enforcement Officer in conjunction with other appropriate departments to check for compliance with the reclamation plan and any additional conditions of the conditional use permit. A random count procedure will be used to check seeding, plantings, and depth of topsoil. 104 Page 1 | 18 Proposed McHenry Lakes City of McHenry Inquiry Form Revised 7/12/23 Number Question as Posted Super Aggregates Response 1 How will the owners be held accountable for the added wear and tear on the road system from fully loaded trucks? Will they pay the city an allowance for road work? How will dust and debris be mitigated. - Andrew Owners only ingress/egress is to IL Rt. 120, no City or County ingress/egress. Most trucks will travel East from the Proposed site and not traverse through the City. Vehicle registration fees and fuel taxes add up to over $30K per year, per truck. This helps fund State Road maintenance. Per McHenry Ordinance, Owner shall pave access road, tarp all loads and sweep/clean up any debris. 2 How will you handle the noise& dust that affects one of the last drive-in movie theaters? - Anna Electric powered wet extraction and processing, located 25’ below the surface surrounded by berms, regulated by City Ordinance Hours of Operation does not have the presence of dust, or, operate after 6:00 p.m. There will be no noise or dust to affect any adjacent owners. 3 I realize this will be 20- 30 years out, but has a general reclamation plan been discussed for when the plant ceases operation( i. e." mined out")? Would the City of McHenry buy/ be deeded the property after reclamation? - David The projections are between 12-15 years for extraction. Reclamation occurs as the lake is constructed. The second phase of development will be a low-density residential development. 4 Not sure who actually owns the land; however, we know that it is Unincorporated McHenry County. What other options have been presented to the City? We really do not need more residential, traffic is horrendous through town now. It will get worse. Can the schools take added enrollment. We don' t need anymore retail, can' t fill the unoccupied store fronts now. - Denise The Property is unincorporated McHenry County and zoned R-1 & R-3. R-1 is a single-family residential district ½ acre in size. R-3 is a multifamily residential district. After lake construction, the owner is planning for low-density single-family development. Most traffic will travel East from the site and not through the City. 5 If the pit goes in will special funding be made available to make our old houses safe from dust and debris? - Jessica Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. 105 Page 2 | 18 Old and new houses are safe because there are no dust and debris emissions. 6-8 How are airborne toxins going to be monitored with the nearby school population of MMS & Hilltop? Doesn't this put McHenry's youth at risk? Do you think this will deter visitors from moving to McHenry? What about McHenry staples like the Outdoor & Riverside? Although pit work would be finished before outdoor movies began, don't you think it would deter people from visiting a landmark? I feel as though you haven't considered the true health risks that will come about with the neighborhoods near the pit - there are several, including ones that are already on wells. In my opinion, I feel as though this only benefits money-making relationships in town and not the residents of McHenry. - John Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. Visitors can visit and move to the City to enjoy all its amenities. The Outdoor theater and Riverside will not be affected. The open space is a better neighbor than a 3-story multifamily development emitting noise and watching movies for free. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 9 My family has lived in Eastwood Manor for 22 years. Many in our community have been here 40+ years. We love our neighborhood and do not want a gravel pit next door for many reasons; including noise, additional truck traffic, dust (possibly cancer causing), threat to our water and the children who live and attend school in close proximity to the pit. With the potential for air and water contamination due to the proposed gravel pit operating in such close vicinity to well established residential communities and businesses, why would the city of McHenry want this? Are there other alternatives for developing this sight without 12-20 years of mining? Have any other options been explored? - Lori Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. There are no health risks or well effects to any adjacent owners. Interim mining provides a local source of aggregate everyone needs. Utilization of the natural resource is considered before the site is developed to low- density residential. 106 Page 3 | 18 A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 10 Have any council members searched for and read any studies on the adverse effects of quarries or gravel pits on both workers and nearby residents? Here is one study I hope you will all read, particularly the conclusion: https:// www. ncbinIm.nih. gov/pmc/articles/ PMC7504702/ - Pam Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low-density residential. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 11 -14 If Jack Pease's pit eventually contaminates or dries up our wells in Val Mar Estates and the other surrounding homes on wells, is he responsible for what it would cost the city and residents to run the plumbing to put all the residents on city water? Can a fund be set up that Jack has to pay prior to any digging in case this happens? If he doesn't believe it will happen then he shouldn't have a problem setting up a fund are acquiring an insurance policy in case it does? Obviously this pit will effect the resale values of more then just 8 homes in Val Mar Estates. There's no way you believe what Jack says that according to his research on similar neighborhoods next to pits, the home values have gone up 30%. With that said, what do the other residents get out of this pit and future residents? Is it A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. There are no reports, documented studies or evidence of widespread and predictable property value declines associated with aggregate mining operations. Between 1981 and 2011, several credible studies examined the relationship between mining operations and property values. There is no consistent relationship between mining operations and property values. 107 Page 4 | 18 possible for him to set aside 3-4 acres with access to the lake with a park, ball field, basketball court so the kids in this area have something to do? If that's the case all the residents at least gain something out of it besides the 8 adjacent properties. Residents can also use that positive side of the pit to sell their properties. Other then that there's no benefit to the current residents. Jack is the only one benefiting from a pit being developed in a residential area? Any truth to the drive in theater possibly shutting down due to the pit? Lastly, I would like to know the reason why any approving council member is voting to approve the petition. - Ryan If there are no reports or documented studies for adjacent property owners there will also be none for property owners located further away. Val Mar residents benefit from the open space created from the proposed development and the Thelen development. The Outdoor theater and Riverside will not be affected. The open space is a better neighbor than a 3-story multifamily development emitting noise and watching movies for free. 15 I' m deeply afraid my well will become contaminated and my water table will drop and leave our neighborhood without water. Please address my concerns - Tom A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 16 I would like you to address potential hazards of running a pit near residential areas and schools. Below is a complication of my concerns as a nurse practitioner and resident of McHenry. Air quality and health consequences: Research has shown that silica particles can degrade air quality as far as 750 meters away, leading to a variety of serious health problems, particularly in children and other vulnerable populations. Today we are all inside because the quality of air is so poor from Canada fires that you can actually see and smell the smog. Particulate matter this size or less does not get trapped on its way to the lungs but penetrates the lungs going deep into the air sacs. Dust and particles are continuously churned up as a normal part of gravel pit operations. Overall, particulate matter is the largest component of air pollution from the pit. While silica dust is one part of the dust, the rest comprises other compounds Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations.. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. There are no reports or documented studies for any McHenry County mine location that has emitted silica dust. 108 Page 5 | 18 released when the rock is crushed and ground. The particulate matter runs the spectrum between grains as fine as talcum powder, which easily gets absorbed into our lungs, up to the larger particles, which will get into everything outside. When the pit is in operation and the grinders are running, depending on how the winds are that day, people living nearby may feel like they are at the beach trying to get the tiny grains of sand out of their mouths. Small particles will find their way through every opening, every tiny crack, and into houses, cars, etc. Conveyors, crushers, and grinders run all day at a pit. If their size warrants it, some have multiple units. Research and reviews of past studies being done by universities and groups such as the Civil Society Institute and Environmental Working Group show that silica and other particulate matter are extremely harmful to people living nearby. Silica can impede breathing and cause respiratory irritation, cough, airway obstruction, and poor lung function. Chronic or long-term exposure can lead to lung inflammation, bronchitis, and emphysema and produce a severe lung disease known as silicosis, a form of pulmonary fibrosis. Silica-related lung disease is incurable and can be fatal, killing hundreds of workers in the U.S. each year. The National Institute for Occupational Safety and Health (NIOSH)has estimated that at least 2.2 million workers in the mining and construction industries are exposed to inhalable silica each year. There are no studies I could find on people living near these pits. If the workers are exposed, we will be exposed. Our children(and in my case grandchildren)have a much smaller capacity and are affected by a much smaller amount of a carcinogen. In addition to what damage silica dust does to the lungs, studies of miners have linked it to diseases such as rheumatoid arthritis, systemic lupus erythematosus, scleroderma, and kidney damage. Exposure to high levels has also been linked to heart problems since the heart must work harder when pulmonary tissues are injured. Workers exposed to silica in other industries have a higher risk of lung cancer, which has prompted government and international health Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. No one is exposed to any risk. 109 Page 6 | 18 agencies to declare silica a known human carcinogen. How will you ensure air quality? Noise Pollution: Noise levels can easily exceed 100 decibels at times. Rock grinding equipment and dump trucks generate noise levels comparable with a motorcycle or leaf blower running 50 feet away. While there may be some limits on hours that the pits can operate and how loud they can be, constant loud noise can be very unnerving on a body assaulted by it all day. Some regulations that regulate noise levels use average daily noise levels, so the noises could be 120 decibels for a few hours but 100 for the rest and still be in compliance. Almost similar to some other hazards such as airports, the continuous noise will eventually take a toll on the nervous system and the entire body. How will you ensure our safety and eliminate health risk? Roads and more pollution: A constant flow of trucks entering and leaving will cause traffic, dirt, dust, damage, and wear and tear on the roads from the sheer weight of the loaded trucks. Even with tarped loads, rocks will damage cars and windshields. The diesel fumes the trucks will put contain the ultra particulates the EPA and WHO label as known carcinogens. If they move 50 trucks a day, that amounts to 13,000 truck trips per year, and 13,000 exposures around the pit to our residents and animals. The 50 loads per day are not even close to accurate. Here is a research article from the Texas Transportation Institute evaluating the performance of road surfaces. They estimate 600 loads(300 in/out)is an average facility, with 1100 loads in a large facility https://onlinepubs.trb.org/Onlinepubs/trr/1987/1106v1/1106v1- 016.pdf.I used to own a dump truck company and 6.25 trucks per hour is not a reasonable estimate. Can you confirm the amount of traffic is accurate? How will you enforce this if so? Water supply risk: The proposed site is a small-scale operation and will only produce enough material that will allow a maximum of 50 trucks per day. Most of these trucks will travel East and not even traverse through McHenry. As McHenry West pit winds down its operations in the next 10 years, truck traffic traveling East through McHenry will be reduced. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 110 Page 7 | 18 Gravel pits use conveyors, crushers, grinders, and trucks emitting constant carbon monoxide flows. The levels of this can be as high as a high--traffic roadway. Exposure to carbon monoxide can cause headaches, nausea, and vomiting. Long-term low-level exposure may lead to neurological issues including difficulty concentrating, emotional issues, and difficulty breathing. In gravel pits, chemicals known as flocculants are added to the sand to remove unwanted minerals and other particles during the washing stage. Then the wastewater is disposed of, usually routed into a nearby one or ditch running away from the pit. Once in the water supply, they are ingested by people. Long-term exposure to many of the flocculants used can lead to blood problems, nervous system issues, and increased risk of several types of cancer. There are currently no regulations on these chemicals in drinking water to protect you. Gravel as well is usually washed before getting loaded onto trucks for transport to its destination. Any small particles of other minerals or compounds are washed away and drained. How will you ensure these hazards do not impact our communities water supply? - Suzana 17 Will special funding be available for upgrades to the older homes for water filtration, central air and windows. Please keep us safe if this pit goes in. - Jessica Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. City mining ordinance have been developed to keep people safe. 18 What are the pros and cons of this proposed gravel pit that the city and officials have discussed leading up to it's possible approval? What benefits will this bring to the people of McHenry? What are the risks? - Stephanie Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. 111 Page 8 | 18 Initial financial benefits of over $2 million plus long term, ongoing financial benefits to the City. 19 If Eastwood Manor's water is contaminated and their pond is drained, home values will plummet. What recourse will we have to have drinkable water? If we were forced to have city water who would pay for it? A realtor told me a bond would be taken out and liens put on our houses until we paid the hookup fee. Who would reimburse us for our home values? This is a real threat you better have an answer too! - Terri A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Th ere is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 20 My wife and I just moved to the Liberty Trails development in McHenry. We come from a more densely populated area and did a lot of research before moving here. We love this area and are very happy to retire here. However, we were very disappointed to hear that there is a possibility of a gravel pit within walking distance of our new house. There is no reason to put something like that in the middle of our town. IYs just not worth the money. Spare us the blight and associated mess a gravel pit in a residential area will bring. Please consider acquiring the property and working with a builder like Gerstad Builders, who built our house. The city could subsidize the property and let them build 12 houses on the property now. At the rate they are selling homes in Liberty Trails, they would be sold in a few years. Please, Let’s put something there that we can be proud of today and in 20 years. - Vance Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. Beautiful lakefront homes development similar to Weston Lakes North of Bay Rd. 21 Where can we find information regarding the Liability Insurance coverage that Jack Pease and/or Super Aggregates and/or Pease's LLC has for damage to surrounding properties caused by his mining operation? - Tim Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. Liability Insurance is not applicable as no negative effects are emitted beyond property lines. Super Aggregates carries a 10 million umbrella liability policy. 22 Is the pit already going to happen in McHenry one way or the other? I thought it was already approved by the county, and we The property owner has requested the property annexation to the City. As an interim component of development, the owner is requesting 112 Page 9 | 18 were just deciding to annex it into McHenry city limits or not? Can you please clarify? - Katie extraction of the natural sand/gravel reserves to construct a lake. If the City denies the request, the owner may consider application for mining/extraction Conditional Use with the County. Per the 2030 County comprehensive plan, sand/gravel aggregates are an important natural resource. The proposed site only has 8 adjacent residences (less than other County sites) and has 2 adjacent sand/gravel operations. 23 Hi there, I do not have a question, but more of an idea: have you seen Jack Pease's granddaughter’s property in Richmond? It’s called AP Ranch and it overlooks one of their current gravel pits. Why would she build there? What’s so attractive about it? Well, they built a small private lake between her property and the main pit. Its a several year process what they did but will give her a private beach area. What if Jack Pease could offer something similar with the proposed pit, but as a public park donation to the City of McHenry? Maybe something similar to 3 Oaks in Crystal Lake(on a small scale)? - Anon Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. Future low-density residential will enhance area property values, provide an increase in tax base and provide trendline growth all municipalities desire. 24 I have several questions, how is the gravel being extracted? What is being done to protect the ground water? Has the city looked into other ways this land can be used and if not, why? When did the DOT approve this? Why such close proximity to homes and schools? How long has this deal been in the making? How will nearby citizens be compensated for their loss of property value, loss of groundwater? Or does it not matter to the city because the area directly impacted is considered unincorporated? Is it true that this deal has been in place since 2015?Is it true that this is a move to landlock the unincorporated area? How come the public (ALL Mc Henry citizens, incorporated and unincorporated)is not invited to vote on this decision? - Amy Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. There are no reports, documented studies or evidence of widespread and predictable property value declines associated with aggregate mining operations. Between 1981 and 2011, several studies examined the 113 Page 10 | 18 relationship between mining operations and property values. All examinations conclude there is no consistent relationship between mining operations and property values. For more current information, one can examine sales and property values through the Multiple Listing Service (MLS), or County sales information. In fact, some homeowners have reported an increase in property value because of the setbacks, open space, lakefront views and wooded areas used to buffer mining operations. The concept plan was introduced to the City in January 2020, not 2015. 25 Has the EPA conducted an environmental impact study? Could the space be annexed and utilized as a community development now? Wouldn't such a development provide enough income to offset the 'loss' in income by not having the pit, while bringing in additional families to McHenry who would generate tax dollars as well as support of local businesses? I'm sure if a proper cost- benefit analysis were done it would show favorability to a housing development now which will provide more jobs than a pit while bringing long term revenue to the community. - Nate The EPA is a regulatory agency that will regulate the proposed site. Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. Future low-density residential will enhance area property values, provide an increase in tax base and provide trendline growth all municipalities desire. 27 Why is the city of McHenry willing to let a gravel pit open that will cause health problems for the people living near and the children going to school near it? This property is not even in the city limits. - Marcia Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. 28 no question. comment. are people considering the sales tax revenue? are they considering the finished product? a beautiful quarry. check out crystal lake. or awesome homesite around it.so many other positive things to the area including all the added business to the area. - Greg The proposed development will provide the City with a first-class business development on its Eastern gateway, provide a natural resource needed by everyone along with a long term low-density residential development providing an increase in tax base and provide trendline growth every City desire. 114 Page 11 | 18 29 When the City Council was asked to vote on a new Starbucks sign they received 26 pages of background information. The Council members haven't received even one page of factual information or research on the issues surrounding this pit. Why not? The Illinois State Geological Survey published a brochure titled" Geologic Road Map of Illinois" that proves McHenry Co. is virtually covered in high quality gravel deposits (Dispelling Pease's claim that" I have to mine there because that's where the gravel is"). Why wasn't this provided to the Council? Where's the information from authoritative sources regarding the other issues: Crystalline silica dust Potential contamination of our wells Effect on property values/marketability of our houses ? - Tim The applicant has submitted to the City, as required by the application process, information exceeding 200 pages. This does not include letters and additional information sent to Council members since the conceptual introduction in January 2020 to present. Quality and uniform sand/gravel reserves are unique and often they do not exist where a geological map indicates. Sand/gravel can only be mined where they are found and must be confirmed by boring and test hole analysis. Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. There are no reports, documented studies or evidence of widespread and predictable property value declines associated with aggregate mining operations. Between 1981 and 2011, several other studies examined the relationship between mining operations and property values. All examinations conclude there is no consistent relationship between mining operations and property values. For more current information, one can examine sales and property values through the Multiple Listing Service (MLS), or County sales information. In fact, some homeowners have reported an increase in property value because of the setbacks, open space, lakefront views and wooded areas used to buffer mining operations. 30 Thanks for this opportunity. My question is, along with the answers to community questions, can you please identify the sources from which your answers are derived? ie.,taken from a report written by the developer or a source that regularly does research on the related concerns. - Cynthia The Owner has provided responses based on a combination of actual data, information, experience, and professional analysis. 115 Page 12 | 18 31 What are the air and water quality concerns. I have COPD and moved to Mchenry from where I lived for cleaner air now what - Joseph Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. The Owner has COPD also and visits sand/gravel sites daily. He enjoys the clean air and crystal-clear lake construction. On weekends, he enjoys spending time with his children and grandchildren swimming and enjoying the sand beach. 32 1)Is there protection for ground water contamination for local private wells?(Community well currently not an option). 2)Is there devaluation protection for local home devaluation as a result of the put location should it occur? 3)Protection overall from air, noise and water pollution? - Dave A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low- density residential. 116 Page 13 | 18 There are no reports, documented studies or evidence of widespread and predictable property value declines associated with aggregate mining operations. Between 1981 and 2011, several other studies examined the relationship between mining operations and property values. All examinations conclude there is no consistent relationship between mining operations and property values. For more current information, one can examine sales and property values through the Multiple Listing Service (MLS), or County sales information. In fact, some homeowners have reported an increase in property value because of the setbacks, open space, lakefront views and wooded areas used to buffer mining operations. 33 I have not seen any studies that have been done re: potential well contamination, draining and contamination of ponds, silica dust and how the pit will test and ensure us citizens aren't affected, and how the noise and traffic will not affect us. I would like to see actual quantitative, qualitative, non-biased studies on these issues and I would also like to see a risk vs benefits layout for the citizens who reside in the homes directly around the proposed site. I would also like to see a study showing how this will not negatively impact our children in the surrounding schools. I write this as I listen to the noise if the Thelan pit coming through my window. Actual peer reviewed legit studies for this proposed site please - Ginger A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low-density residential. The proposed site is a small-scale operation and will only produce enough material that will allow a maximum of 50 trucks per day. Most of these trucks will travel East and not traverse through the City. As McHenry West pit winds down its operations in the next 10 years, truck traffic traveling East through McHenry will be reduced and a subsequent positive effect on traffic volume. 34 How will the city compensate homeowners in that area for decrease in property values due to the pit? What plan is in place to protect the water that flows into those homes? There are no reports, documented studies or evidence of widespread and predictable property value declines associated with aggregate mining operations. Between 1981 and 2011, several other studies examined the relationship between mining operations and property values. All 117 Page 14 | 18 How will traffic be altered in thar area to reduce collisions? What dust mitigation measures are being implemented? - Elizabeth examinations conclude there is no consistent relationship between mining operations and property values. For more current information, one can examine sales and property values through the Multiple Listing Service (MLS), or County sales information. In fact, some homeowners have reported an increase in property value because of the setbacks, open space, lakefront views and wooded areas used to buffer mining operations. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners at any McHenry County mine locations. The proposed site is a small-scale operation and will only produce enough material that will allow a maximum of 50 trucks per day. Most of these trucks will travel East and not traverse through the City. As McHenry West pit winds down its operations in the next 10 years, truck traffic traveling East through McHenry will be reduced and a subsequent positive effect on traffic volume. 35 How will the city ensure roads surrounding the pit will be safe from debris getting on the road? I had a roll over accident on River by the gravel pit there and almost died. My tires lost grip from the gravel and the road became like black ice. I still have trouble driving passed it. I have two young boys and I don't want to raise them in a town where all the roads are covered in gravel. We just moved to McHenry recently from a nearby suburb and we love it! We really want to make this town our forever home, but the gravel pit coming in near where we live and attractions The access egress/ingress road is paved and swept on a as needed basis per ordinance. All trucks loaded with products will be tarped and drivers required to sweep loose products before leaving the site. No products shall be left on the roadway. Please visit Super Aggregates Volo facility located on Rt. 12 which has a paved access road (same as the proposed project) which does not allow any debris on Route 12. 118 Page 15 | 18 we would have liked to visit make me think we should move - Jesse 36 How can we gonna control Silica Dust that will affect children at the schools and houses located near the pit? - Carol Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners at any McHenry County mine locations. No McHenry County sand/gravel site has ever had a silica dust issue. 37 Why can't you say no to Pease? - Michael The Owner is following all the requirements of the City’s mining ordinance. The ordinance is in place to protect residents while providing a natural resource everyone needs. Saying no is equivalent to, we don’t need sand/gravel, we would rather ride horses on dirt paths. 38 How will the gravel pit affect our home values - Raymond There are no reports, documented studies or evidence of widespread and predictable property value declines associated with aggregate mining operations. Between 1981 and 2011, several other studies examined the relationship between mining operations and property values. All examinations conclude there is no consistent relationship between mining operations and property values. For more current information, one can examine sales and property values through the Multiple Listing Service (MLS), or County sales information. In fact, some homeowners have reported an increase in property value because of the setbacks, open space, lakefront views and wooded areas used to buffer mining operations. 39 What guarantees will be offered about water to the residents of the surrounding communities? I'm asking about both quality and quantity as Aqua told us that there may be issues with there being enough water to pump to our system. Water quality is another issue as it is very easy to contaminate our aquifer and not easy to fix. Please don't pass this off to the county saying they handle this. - Sandy Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low-density residential. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains 119 Page 16 | 18 the same as before operations. Groundwater levels and water analysis occurs quarterly as regulated by ordinance. 40 Has an environmental impact study been done regarding any impact to ground water and the water table ?I'd read that Volo Bog is very concerned, should I worry about my well? Thanks! - Cynthia A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. The Owner, (Spruce Lake Sand & Gravel) has mined sand/gravel adjacent to the Volo Bog for 40 years. The mined area has been reclaimed with a beautiful lake remaining. Collaboration between the Owner and IDNR has been ongoing and the Owner has placed a portion of the property into a conservation easement. Current operations on the site include broken asphalt and concrete recycling and clean fill import. No adjacent effects to the Volo Bog. 41 Why is the Mayor pushing so hard for this pit? Why is the Mayor listed as a Reference on Supper Aggregates filling of paper work? Seems that the Mayor is friends with Jack. As an elected official support the Cummunity, not just "friends" that donate. - Chris The Owner is a resident of the City and has developed other projects in the City. The proposed development will provide the City with a first- class business development on its Eastern gateway, provide a natural resource needed by everyone along with a long term low-density residential development providing an increase in tax base and provide trendline growth every City desire. 42 How many total acres will comprise the Pit? When is the proposed end date,or number of months to completion of the extraction of materials? - Bill The total extraction operations area is approximately 75 acres. The projections are between 12-15 years for extraction. McHenry West pit is approximately 1,200 +/- acres and Thelen (Lakemoor) is 850+/- Acres. 43 Which environmental impact studies have been done and where can we find those? Has there been a firm, legal agreement between Super Aggregates and McHenry to reclaim this pit for recreational use at a specific date in the future? Does this agreement compel Super Aggregates-or any future owner of this property-to assume the cost of the aforementioned land reclamation? - Sandra Any type of development requires a McHenry/Lake County Soil and Water Conservation District, Natural Resources Information Report to inventory all natural resources on the development site prior to development. The Owner has completed this requirement and was submitted to the City as part of the application process. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no 120 Page 17 | 18 introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. The Annexation Agreement between the City and Owner outlines all the conditions for subdivision, zoning, conditional use and reclamation. A provision of the Annexation Agreement is for all successors and assigns must accept and comply to the Agreement. Specifically, reclamation occurs per phasing plans. Reclamation is ongoing and contemporaneous with mining activities. A reclamation bond is held by the City for active areas until those areas are reclaimed. 44 How does the proposed revenue generated from this pit compare to the revenue generated from the LaFarge pit and other pits in Cary and Algonquin? - Robert The proposed revenue is proportionate to the proposed size, term and development schedule in other municipalities. Many contributing factors must be considered. No two pits are the same. 45 Why does Jack Pease already have McHenry listed as a future gravel pit site when it hasn't been approved? - Heather When the Owner’s website was updated, it was anticipated the site would be a future site because it held sand/gravel natural resources. The Owner and the City began discussions of the proposed development in January 2020. As other sand/gravel sites continue to be depleted (33 County locations down to 11 locations) asphalt/concrete paving plants and area contractors are concerned about future sand/gravel supplies. The Owner is trying to convey that he has a future plan to continue to supply the public. 46 Why would the City Of McHenry knowingly allow a gravel pit in a residential area with private wells? - Suzanne The proposed site is adjacent to an existing sand/gravel operation and that site is adjacent to another sand/gravel operation. Residential areas have encroached on existing sand/gravel operations in the area. A hydrological study has determined there are no effects to groundwater quantity or quality. There are no reports or documented health risks or well effects to any adjacent owners at any McHenry County mine locations. There is no offsite pumping affecting water levels and no introduction of contaminants or flocculants used. Water quality remains the same as before operations. Groundwater levels and water analysis occur quarterly as regulated by ordinance. 121 Page 18 | 18 Electric powered wet extraction and processing located 25’ below the surface and surrounded by screening berms does not emit noise or dust. There are no health risks or well effects to any adjacent owners at any McHenry County mine locations. Interim mining provides a local source of aggregate everyone needs. Utilization of natural resources is considered before the site is developed to low-density residential. 122 A Proven History ……… ………. A Future Commitment Spill Prevention, Containment and Control Plan Super Aggregates March 2019 123 Spill Prevention, Containment and Control Plan Page 2 | 16 March 2019 SPILL PREVENTION, CONTAINMENT, AND CONTROL PLAN TABLE OF CONTENTS 1.0 INTRODUCTION ............................................................................................................................ 3 2.0 PLANNING AND PREVENTION .................................................................................................. 3 2.1 ROLES AND RESPONSIBILITIES ............................................................................................ 3 2.2 TRAINING ................................................................................................................................... 4 2.3 EQUIPMENT ............................................................................................................................... 4 2.4 SUPERVISION AND INSPECTION ........................................................................................... 5 3.0 STORAGE AND HANDLING OF FUELS/HAZARDOUS LIQUIDS........................................... 5 3.1 FUEL STORAGE - GENERAL ................................................................................................... 5 3.2 REFUELING ................................................................................................................................ 6 3.3 REFUELING AND FUEL STORAGE NEAR WETLANDS AND WATERBODIES .............. 7 3.4 OVERNIGHT PARKING............................................................................................................. 7 3.5 CONCRETE WASHOUT HANDLING ...................................................................................... 7 4.0 INITIAL SPILL MANAGEMENT .................................................................................................. 8 4.1 IMMEDIATE RESPONSE ........................................................................................................... 8 4.2 MOBILIZATION ......................................................................................................................... 8 5.0 SPILL NOTIFICATION RESPONSIBILITIES ............................................................................... 9 5.1 NOTIFICATION VOLUMES ...................................................................................................... 9 5.2 SPILL REPORT FORM (APPENDIX B) .................................................................................... 9 5.3 AGENCY NOTIFICATION ....................................................................................................... 10 6.1 SPILL CONTROL - UPLAND AREAS .................................................................................... 10 6.2 SPILL CONTROL - WETLANDS AND WATERBODIES ...................................................... 11 7.0 STORAGE AND DISPOSAL OF CONTAMINATED MATERIALS ......................................... 12 APPENDIX A Emergency Response Contractors; Disposal and Treatment Facilities ……………………………….13-14 APPENDIX B Super Aggregates, Project Spill Report Form …………………………………………………............15-16 124 Spill Prevention, Containment and Control Plan Page 3 | 16 March 2019 SPILL PREVENTION, CONTAINMENT AND CONTROL PLAN 1.0 INTRODUCTION This Spill Prevention, Containment and Control Plan (“Spill Plan”) describes planning, prevention and control measures to minimize impacts resulting from spills of fuels, petroleum products, or other regulated substances as a result of extraction and reclamation operations (“Construction”). Super Aggregates (“Contractor”) shall implement these controls measures at all facilities. 2.0 PLANNING AND PREVENTION Contractor requires proper implementation, planning and preventative measures to minimize the likelihood of spills, and to quickly and successfully clean up a spill should one occur. Contractor has developed this Spill Plan to set forth minimum standards for handling and storing regulated substances and cleaning up spills. Potential sources of construction-related spills include machinery and equipment failure, fuel handling, transfer accidents and storage tank leaks. The Contractor shall be responsible for implementing, at a minimum, the following planning and prevention measures. 2.1 ROLES AND RESPONSIBILITIES Spill Coordinator A Spill Coordinator shall be designated by the Contractor and the Spill Coordinator shall insure that Contractor is notified immediately and may assist in response action as dictated by the Contractor. For all construction related spills, the following shall apply: • The Spill Coordinator shall report all spills to the Contractor Representative immediately. • The Spill Coordinator (under Contractor oversight), shall report spills to appropriate federal, tribal, state, and local agencies as soon as possible. • The Spill Coordinator shall mobilize on-site personnel, equipment, and materials for containment and/or cleanup commensurate with the extent of the spill. • The Spill Coordinator shall assist the Emergency Response Contractor (Appendix A) and monitor containment procedures to ensure that the actions are consistent with the requirements of this Spill Plan. • The Spill Coordinator and/or Contractor Representative, in consultation with appropriate agencies, shall determine when it is necessary to evacuate spill sites to safeguard human health. • The Spill Coordinator (under Contractor oversight), shall coordinate with appropriate agencies the need to contact additional parties or agencies. • The Spill Coordinator is responsible for completing a Spill Report Form (Appendix B) within 24-hours of the occurrence of a spill, regardless of the size of the spill. 125 Spill Prevention, Containment and Control Plan Page 4 | 16 March 2019 Environmental Inspector • The Environmental Inspector will monitor the Contractor's compliance with the provisions of this Spill Plan. Authorized Personnel • Authorized Personnel are representatives of the Contractor who are designated to handle fuel, lubricants or other regulated substances. • Authorized Personnel must be familiar with the requirements of the Spill Plan and the consequences of non-compliance. Construction Superintendent • The Contractor's Construction Superintendent or representative must notify the Contractor Representative and the Environmental Inspector immediately of any spill of a petroleum product or hazardous liquid, regardless of volume. Construction Personnel • Construction Personnel are representatives of the Contractor involved with operations. • Construction Personnel shall notify the crew foreman or Spill Coordinator immediately of any spill of a petroleum product or hazardous liquid, regardless of volume. Contractor Representative • The Contractor Representative shall oversee the Spill Coordinator to ensure that appropriate agency notifications are made, spill resources are allocated, and cleanup is accomplished in accordance with applicable agency requirements. 2.2 TRAINING • The Contractor shall train all employees who handle fuels and other regulated substances to follow spill prevention procedures and to quickly and effectively contain and clean up spills that may occur in accordance with applicable regulations. • The Contractor and employees will be briefed on procedures to respond to an operations spill during mandatory safety and environmental training to be provided by the Contractor. 2.3 EQUIPMENT • Each construction crew must have adequate absorbent materials and containment booms on hand, to enable the rapid cleanup of a spill. • The Contractor must maintain spill kits containing a sufficient quantity of absorbent and barrier materials to adequately contain and recover foreseeable spills. These kits may 126 Spill Prevention, Containment and Control Plan Page 5 | 16 March 2019 include, but are not limited to absorbent pads, straw bales, absorbent clay, sawdust, floor - drying agents, spill containment barriers, plastic sheeting, skimmer pumps, and holding tanks. This equipment shall be located near fuel storage areas and other locations as necessary to be readily available to control foreseeable spills. • Suitable plastic lining materials shall be available for placement below and on top of temporarily-stored contaminated soils and materials. • All fuel, and where necessary, service vehicles, shall carry spill containment materials adequate to control foreseeable spills. Such material may include but not be limited to absorbent pads, commercial absorbent material, plastic bags with ties, and a shovel. • The Spill Coordinator shall make known to Authorized Personnel, Construction Personnel, the Environmental Inspector, and the Contractor Representative the locations of spill control equipment & materials and have them readily accessible during construction activity. • Unless previously approved by the Environmental Inspector, construction equipment shall be removed from wetlands and parked a minimum of 100 feet away from streams, wetlands, ditches, and other waterbodies at the end of each work day. • In large wetlands where no upland site is available for refueling, auxiliary fuel tanks on construction equipment are recommended. • All fuel nozzles shall be equipped with functional automatic shut-offs and over-flow alarms. • Fuel trucks transporting fuel to on-site construction equipment shall travel only on approved access roads. 2.4 SUPERVISION AND INSPECTION • The Contractor shall perform a pre-construction inspection and test of all equipment to ensure that it is in good repair. • During construction, the Contractor shall regularly inspect hoses, pipes, valves, and tanks to ensure equipment is free of leaks. Any equipment that is leaking or in need of repair will be immediately removed from service by Contractor and repaired, prior to resuming work. 3.0 STORAGE AND HANDLING OF FUELS/HAZARDOUS LIQUIDS 3.1 FUEL STORAGE - GENERAL The Contractor shall follow proper fuel storage practices, including, but not limited to the following: • Fuel storage shall be at Contractor yards only or as approved by Contractor. 127 Spill Prevention, Containment and Control Plan Page 6 | 16 March 2019 • Proper signage at and adjacent to fuel storage areas to include “Fuel Storage Area – No smoking within 50 feet. • A minimum of two 30-pound or four 20-pound fire extinguishers must be located and readily available at all fuel storage locations. The extinguishers shall be located not less than 25 feet and not more than 75 feet from these locations. • Tools and materials to stop the flow of leaking tanks and pipes shall be kept on-site. Such equipment may include, but not be limited to, plugs of various sizes, 3M tank patches, a hammer, assorted sizes of metal screws with rubber washers, a screwdriver, and plastic tape. Spill kits (see section 2.3 of this Spill Plan) must be located at fuel storage areas. • Fuels, lubricants, waste oil, and any other regulated substances shall be stored in aboveground tanks only. • Storage tanks and containers must conform to all applicable industry codes (NFPA, UFC, etc.). • A suitable secondary containment structure must be utilized at each fuel storage site. These structures must be lined with suitable plastic sheeting; provide a minimum containme nt volume equal to 150 percent of the volume of the largest storage vessel; and provide at least 1 foot of freeboard. • If earthen containment dikes are used, they shall be constructed with slopes no steeper than 3:1 (horizontal to vertical) to limit erosion and provide structural stability. • Secondary containment areas must not have drains. Precipitation may be drawn off as necessary. If visual inspection indicates that no spillage has occurred in the secondary containment structure, accumulated water may be drawn off and sprayed on the surrounding upland areas. If spillage has occurred in the structure, accumulated waste shall be drawn off and pumped into drum storage for proper disposal. • Vehicle maintenance wastes, including used oils and other fluids, shall be handled and managed by personnel trained in the procedures outlined in this plan. Vehicle maintenance wastes will be stored and disposed of in accordance with section 7.0 of this Spill Plan. 3.2 REFUELING • Contractor shall make all efforts to dispense fuel by Authorized Personnel during daylight hours. • Fuel dispensing operations shall be attended by Authorized Personnel at all times. Personnel must be stationed at both ends of the hose during fueling unless both ends are visible and are readily accessible by one person. • Fuel dispensing equipment (i.e., portable gas cans, nozzles, hoses, etc.) shall be of the appropriate type. Consult with the Contractor Safety Program (CSP) for details. 128 Spill Prevention, Containment and Control Plan Page 7 | 16 March 2019 3.3 REFUELING AND FUEL STORAGE NEAR WETLANDS AND WATERBODIES Contractor requires that the storage of petroleum products, refueling, lubricating and maintenance operations take place in upland areas that are more than 100 feet from wetlands, streams, and waterbodies (including drainage ditches), and water supply wells. In addition, the Contractor must store hazardous materials, chemicals, fuel and lubricating oils, and perform concrete coating activities outside these areas. Auxiliary fuel tanks solidly attached to construction equipment or pumps are not considered storage and are acceptable. In certain instances, refueling or fuel storage within the 100-foot buffer may be unavoidable due to site-specific conditions or unique construction requirements (e.g. continuously operating pumps or equipment on barges). These locations must be identified by the Contractor and approved in advance by the Environmental Inspector. Site-specific precautions, in addition to those practices described above, will be taken when refueling or maintenance activities are required within 100 feet of streams, wetlands or other waterbodies. These precautions include, but are not limited to: • Adequate amounts of absorbent materials and containment booms must be kept on hand by each construction crew to enable the rapid cleanup of any spill which may occur. • If fuel must be stored within wetlands or near streams for refueling of continuously operating pumps, secondary containment must be provided. • Secondary containment structures must be lined with suitable plastic sheeting, provide a containment volume of at least 150 percent of the storage vessel, and allow for at least one foot of freeboard. • Provide for adequate lighting of these locations and activities. • Procedures regarding excavation and disposal of contaminated soil material from wetlands or near waterbodies are described in section 6.2 of this Spill Plan. 3.4 OVERNIGHT PARKING Overnight parking of equipment is not allowed within 100 feet of a wetland or waterbody unless special containment provisions have been implemented and approved by the Environmental Inspector. 3.5 CONCRETE WASHOUT HANDLING The Contractor shall follow proper concrete washout handling procedures, including, but not limited to the following: • Contain all liquid and solid wastes generated during activities involving concrete in leak- proof containment facilities or an impermeable liner. An impermeable liner may consist of a compacted clay layer that does not allow liquids to enter ground water, double layered plastic sheeting, etc. • Liquid or solid concrete waste must not contact the ground. 129 Spill Prevention, Containment and Control Plan Page 8 | 16 March 2019 • Concrete washout containments or liners must not have drains and no runoff from concrete washout activities is allowed. Precipitation may be drawn off as necessary. If visual inspection indicates that no concrete contamination of the water has occurred in the containment structure, accumulated water may be drawn off and sprayed on the surrounding upland areas. If contamination has occurred in the structure, accumulated waste shall be drawn off and pumped into a containment structure for proper disposal. • Liquid and solid wastes must be disposed of in accordance with all applicable federal, state, and local agency requirements (see Section 7.0 of this Spill Plan). • Install signage adjacent to washout facilities to inform personnel to use proper facilities. 4.0 INITIAL SPILL MANAGEMENT 4.1 IMMEDIATE RESPONSE Immediately upon learning of any fuel, oil, hazardous material or other regulated substance spill, or upon learning of conditions that will lead to an imminent spill, the person discovering the situation shall: • Initiate actions to contain the fluid that has spilled or is about to spill, and initiate action to eliminate the source of the spill to the maximum extent that is safely possible. • Notify the crew foreman and/or the Spill Coordinator and provide them with the following information: • Location and cause of the spill • The type of material that has spilled • Whether the spill has reached or is likely to reach any surface water Upon learning of a spill or a potential spill the Spill Coordinator shall: • Assess the situation and determine the need for further action. • Direct subsequent activities and/or further assign responsibilities to other personnel. • Procedures regarding excavation and disposal of contaminated soil material from wetlands or near waterbodies are described in section 6.2 of this Plan. • Notify the Contractor Representative and Environmental Inspector. 4.2 MOBILIZATION • The Spill Coordinator shall mobilize on-site personnel, equipment, and materials for containment and/or cleanup commensurate with the extent of the spill. • If the Spill Coordinator determines that a spill is beyond the scope of on-site equipment and personnel, the Spill Coordinator shall immediately notify the Construction 130 Spill Prevention, Containment and Control Plan Page 9 | 16 March 2019 Superintendent that an Emergency Response Contractor is needed to contain and/or clean up the spill. Appendix A contains a list of potential Emergency Response Contractors. • The Spill Coordinator shall assist the Emergency Response Contractor and monitor containment procedures to ensure that the actions are consistent with the requirements of this Spill Plan. 5.0 SPILL NOTIFICATION RESPONSIBILITIES 5.1 NOTIFICATION VOLUMES The Contractor's Construction Superintendent or representative must notify the Contractor Representative and the Environmental Inspector immediately of any spill of a petroleum product or hazardous liquid, regardless of volume. 5.2 SPILL REPORT FORM (APPENDIX B) The Spill Coordinator shall complete a Spill Report Form for each release of a regulated substance, regardless of volume. The Spill Report Form must be submitted to the Contractor Representative within 24 hours of the occurrence of a spill. To complete the Spill Report Form, the Spill Coordinator shall compile the following information: • A legal description of the spill location to the quarter section, and specific directions from the nearest community. • The time and date of the spill, and the time and date the spill was discovered. • The type and estimated volume of spilled material, and the manufacturer's name. • The media in which the spill exists (e.g., soil, water, etc.). • The topography and surface conditions of the spill site. • Proximity of surface waters. • Weather conditions. • Name, company, address, and telephone number of the Construction Superintendent, Spill Coordinator, Contractor representative, and the person who reported the spill. • The cause of the spill. • Immediate containment and/or cleanup actions taken. • Current status of cleanup actions. Follow-up written reports, associated laboratory analyses, confirmatory field sampling and other documentation may also be required separately on a site-specific basis as directed by the Company Representative or Environmental Inspector. Documentation is the responsibility of the Contractor. 131 Spill Prevention, Containment and Control Plan Page 10 | 16 March 2019 5.3 AGENCY NOTIFICATION The Contractor will notify Contractor and report spills to appropriate federal, tribal, state and local agencies as soon as possible. These include, but may not be limited to the following: National Response Center, in Washington, D.C. Phone: (800) 424-8802 (24 hours) Illinois Emergency Management Agency (IEMA) Phone: (800) 782-7860 McHenry County EMA Phone (815) 338-6400 The Contractor, in coordination with Contractor and the appropriate federal, tribal, state and local agencies must ensure that additional parties or agencies are properly notified. Additionally, the Contractor is responsible for ensuring that all cleanup activities required by a jurisdictional agency are satisfactorily met and provide documentation to Contractor demonstrating this compliance. 6.0 SPILL CONTAINMENT AND CLEANUP In the event of a spill, the Contractor will abide by all applicable federal, tribal, state and local regulations with respect to cleaning up the spill. All cleanup and other construction related spill activities must be completed by, and costs assumed by the Contractor. Specific cleanup measures for both upland and wetland/waterbody spills are described below. 6.1 SPILL CONTROL - UPLAND AREAS • If a spill should occur during refueling operations, STOP the refueling operation until the spill can be controlled and the situation corrected. • The source of the spill must be identified and contained immediately. • For large spills on land, the spill must be contained and pumped immediately into tank trucks. The Contractor or, if necessary, an Emergency Response Contractor, shall excavate contaminated soil. Appendix A lists potential Emergency Response Contractors. • The spilled material and the contaminated soil must be treated and/or disposed of in accordance with all applicable federal, state, and local agency requirements (see Section 7.0 of this Spill Plan). 132 Spill Prevention, Containment and Control Plan Page 11 | 16 March 2019 • Smaller spills on land shall be cleaned up with absorbent materials. Contaminated soil or other materials associated with these releases shall also be collected and disposed of in accordance with applicable regulations (see Section 7.0 of this Spill Plan). • Flowing spills must be contained and/or absorbed before reaching surface waters or wetlands. • Absorbent material(s) shall be placed over spills to minimize spreading and to reduce its penetration into the soil. • The Spill Coordinator and/or Contractor Representative, in consultation with appropriate agencies, determine when spill sites will be evacuated as necessary to safeguard human health. Evacuation parameters shall include consideration for the potential of fire, explosion, and hazardous gases. 6.2 SPILL CONTROL - WETLANDS AND WATERBODIES In addition to the above measures, the following conditions shall apply if a spill occurs near or into a stream, wetland or other waterbody, regardless of size: • If a spill should occur during refueling operations, STOP the operation until the spill can be controlled and the situation corrected. • For spills into streams, lakes or other waterbodies containing standing or flowing water, regardless of size, the Contractor Representative must apprise Contractor of the incident and notify the National Response Center immediately. • For spills in standing water, sorbent booms and pads shall be on hand and used by the Contractor to contain and recover released materials. In addition, other spill response materials and equipment shall be on hand as appropriate for each waterbody and used to contain and recover foreseeable spills. This may include containment booms, skimmer pumps, holding tanks, boats, and other equipment. • If necessary, for large spills in waterbodies, an Emergency Response Contractor must be secured to further contain and clean up the spill. A list of Emergency Response Contractors is included in Appendix A. • Contaminated soils in wetlands must be excavated and temporarily placed on plastic sheeting in a bermed area, a minimum of 100 feet away from the wetland. Contaminated soils shall be covered with plastic sheeting while being stored temporarily and properly disposed of as soon as possible, in accordance with this Plan (see Section 7.0). Contractor maintains spill records along its entire system. Historic leak sites may exist within the project area and the Environmental Inspector will be made aware of the location of these sites prior to work occurring in them. Unknown contamination or historic contamination encountered during construction will be managed per Contractor’s Contaminated Soils Management Plan. Water Quality and Solid Waste program staff will continue to be notified of newly discovered sites. 133 Spill Prevention, Containment and Control Plan Page 12 | 16 March 2019 7.0 STORAGE AND DISPOSAL OF CONTAMINATED MATERIALS • Appendix A of this SPCC Plan lists potential treatment and disposal facilities for contaminated materials, petroleum products, and other construction-related wastes. Contractor will recycle those wastes, such as motor oil, where there is an established recycling program available. Wastes such as grease or oily rags shall be disposed of in accordance with state requirements. • All contaminated soils, absorbent materials, and other wastes shall be stored and disposed of by the Contractor in accordance with all applicable state and federal regulations. • Only licensed carriers may be used to transport contaminated material from the site to a disposal facility. • If it is necessary to temporarily store excavated soils on site, these materials shall be placed on, and covered by, plastic sheeting, or placed in properly labeled ring-top 55-gallon drums and the storage area bermed to prevent and contain runoff. • Any hazardous or contaminated material stored on Contractor property or the right-of way will be properly labeled in accordance with State and US EPA labeling requirements. 134 Spill Prevention, Containment and Control Plan Page 13 | 16 March 2019 APPENDIX A Emergency Response Contractors; Disposal and Treatment Facilities The Contractor must dispose of all wastes according to applicable federal, state, and local requirements. A listing of potential Emergency Spill Response Contractors and waste disposal facilities is provided below. This list was developed from state-wide data bases. This list represents firms operating at the time the data base was produced. The Contractor is responsible for verifying if a contractor or facility is currently operating under appropriate permits or licenses. The Contractor is responsible for ensuring wastes are disposed of properly. Spill Response Contractors: Bodine Environmental Services, Inc. Decatur, IL 62521 (217) 428-3629 EnviroServe Galesburg, IL 61401 (800) 488-0910 Bodine Environmental Services, Inc. Springfield, IL 62704 (217) 698-0700 Freeman Environmental Services Benton, IL 62812 (618) 435-9375 (888) 675-3591 Bodine Environmental Services, Inc. Bartonville, IL 61607 (309) 633-9999 Future Environmental, Inc Mokena, IL 60448 (708) 479-6900 (866) 579-6900 BEI Pipeline & Tank Maintenance Casey, IL 62420 (217) 932-4533 (800) 650-7834 HazChem Environmental Corp. Addison, IL 60101 (630) 458-1910 (630) 458-1918 Carylon Corporation Chicago, IL 60612 (800) 621-4342 HEPACO, LLC Loves Park, IL 61111 (815) 885-4840 (800) 888-7689 Clean Harbors Environmental Dolton, IL 60419 (708) 225-8110 (800) 645-8265 Heritage Environmental Services Lemont, IL 60439 (630) 739-1151 (877) 436-8778 Clean Harbors Environmental Dolton, IL 60419 (708) 225-8110 (800) 645-8265 Heritage Environmental Services Wood River, IL 62095 (618) 216-8600 (877) 436-8778 135 Spill Prevention, Containment and Control Plan Page 14 | 16 March 2019 Clean Harbors Environmental Roxana, IL 62084 (636) 441-0104 (800) 645-8265 Benton, IL 62812 (618) 218-4958 Integrated Environmental Solutions, Inc Crestwood, IL 60445 (708) 926-9588 (877) 367-7745 Eagle Services Corporation Creve Coeur, IL 61610 (309) 694-1111 SET Environmental, Inc. Glenwood, IL 60425 (847) 537-9221 (877) 437-7455 Eagle Services Corporation Channahon, IL 60410 (815) 521-0001 SET Environmental, Inc. Wheeling, IL 60090 (847) 537-9221 (877) 437-7455 Environmental Protection Industries South Holland, IL 60473 (708) 225-1115 (708) 225-1117 Ziron Environmental Services Inc. Chicago Heights, IL 60411 (708) 757-9601 EnviroServe Edwardsville, IL 62052 (800) 488-0910 Waste Disposal Facilities: Covanta 3801 W. McKinley Ave. Milwaukee, WI 53208 (800) 842-9792 Nexeo Solutions 1345 Wiley Rd. Schaumburg, IL 60173 (800) 637-7922 Nexeo Solutions 1501 Commerce Drive Montgomery, IL 60538 (800) 637-7922 Veolia Orchard Hills Landfill 8290 N. IL Rt. 251 Davis Junction, IL 61020 (815) 874-9000 136 Spill Prevention, Containment and Control Plan Page 15 | 16 March 2019 APPENDIX B Super Aggregates Spill Report Form Date of Spill: _________________ Date of Spill Discovery: _______________ Time of Spill: _________________ Time of Spill Discovery: _______________ Name and Title of Discoverer: ____________________________________________________________ Type of material spilled and manufacturer's name: Legal Description of spill location to the quarter section: Directions from nearest community:________________________________________________________ Estimated volume of spill: Weather conditions: Topography and surface conditions of spill site: Spill medium (pavement, sandy soil, water, etc.): Proximity of spill to surface waters: Did the spill reach a waterbody? ________Yes ________No If so, was a sheen present? ________Yes ________No Describe the causes and circumstances resulting in the spill: _____________________________________________________________________________________ _______________________________________________________ Describe the extent of observed contamination, both horizontal and vertical (i.e., spill-stained soil in a 5- foot radius to a depth of 1 inch): Describe immediate spill control and/or cleanup methods used and implementation schedule: 137 Spill Prevention, Containment and Control Plan Page 16 | 16 March 2019 Current status of cleanup actions: Name and Company for the following: Construction Superintendent: Spill Coordinator: Contractor Representative: Person Who Reported the Spill: Environmental Inspector: Form completed by: Date: ____________ Spill Coordinator must complete this for any spill, regardless of size, and submit the form to the Contractor Representative within 24 hrs. of the occurrence. 138 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY AND LAND RESERVES, LLC WITH RESPECT TO 110 ACRES LOCATED NORTH OF STATE ROUTE 120 AND EAST OF CHAPEL HILL ROAD WHEREAS, Land Reserves, LLC is the legal owner (“Owner”) of record of real property, consisting of parcels containing approximately 110 acres, legally described in Exhibit A attached hereto and made a part hereof, (the "Property"); and WHEREAS, the Property is not located within the corporate boundaries of any municipality, has not been annexed to any municipality, is presently contiguous and immediately adjacent to the corporate boundaries of the City of McHenry ("City") and may be annexed to the City; and WHEREAS, the City desires to enter into an Annexation Agreement with the Owner, attached hereto and incorporated herein as Exhibit B (the "Agreement"); and WHEREAS, the Owner and the City are ready, willing and able to enter into the Agreement and perform the obligations as required therein; and WHEREAS, pursuant to 65 ILCS 5/11-15.1-1, et seq., a public hearing has been held pursuant to lawful notice and the Owner and the City have otherwise complied fully with all laws and ordinances applicable to the Agreement; and WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to approve and execute the Agreement. WHEREAS, the City, 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. NOW, THEREFORE, BE ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Upon receipt from the Owner of four executed copies of the Annexation Agreement, within 60 days of City Council's action approving said Annexation Agreement, unless 139 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org otherwise mutually agreed, the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized and directed to attest, such four duplicate original copies of the Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit B. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinance in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed this 7th day of August, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 140 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 141 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B ANNEXATION AGREEMENT 142 LAND RESERVES, LLC ANNEXATION AGREEMENT This Agreement (“Agreement”) is made and entered into this _____ day of ______________, 2023 by and between the City of McHenry (“City”) and Land Reserves, LLC, 5435 Bull Valley Rd., Suite 330, McHenry, Illinois (“Owner”) RECITALS WHEREAS, Land Reserves, LLC is the legal owner of record of real property, which is the subject of this Agreement, consisting of parcels containing approximately 110 acres, more or less, located in an unincorporated portion of McHenry County, Illinois in McHenry Township. The Property is legally described in and depicted on Exhibit A attached hereto and made a part hereof, Permanent Index Numbers: 10-30-300-006 & 10-31-101-012 (the "Property"); WHEREAS, Owner is also the owner of property adjacent to and North of the Property consisting of 36-acres, located in the Village of Lakemoor (“Owner’s Adjacent Parcel”), pursuant to an Annexation Agreement with the Village of Lakemoor dated October 22, 2009 (“Lakemoor Annexation Agreement”); WHEREAS, The Property constitutes land which is contiguous to and may be annexed to the City, as provided in 65 ILCS 5/7-1-1, et. seq.; WHEREAS, The Owner desires that the Property be annexed to the City, subdivided, zoned and developed under the terms and conditions of this Agreement; WHEREAS, The City and the Owner have or will perform and execute all acts required by law to effectuate such annexation; WHEREAS, It is understood and agreed that this Agreement in its entirety, together with the Petition for Annexation, shall be null, void and of no force or effect unless the Property is validly annexed, zoned and classified by proper City ordinances, all as herein provided; WHEREAS, The Owner has filed with the Clerk of the City, a proper Petition for Annexation conditioned upon the terms of the provisions of this Agreement to annex the Property to the City; WHEREAS, the corporate authorities of the City, after due and careful consideration, has concluded that this Agreement would further the growth of the City and enable the City to control the development of the area and serve the best interests of the City; 143 Page 2 | 14 WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1, et seq., this proposed Agreement was submitted to the corporate authorities of the City and a public hearing was held thereon before the City Council of the City, pursuant to notice, as required by law; and WHEREAS, the City, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the City Council approval of this agreement by the authorizing Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: A. OBLIGATIONS OF THE CITY. 1. Annexation. In accordance with the provisions of 65 ILCS 5/7-1-8, the Corporate Authorities of the City, contemporaneously with the execution of this Agreement, shall enact an ordinance annexing the Property and any adjacent highways as required by law; said annexation to be on the terms and conditions set forth in this Agreement. An accurate plat of annexation prepared by the Owner shall be filed with the City and McHenry County as required by law. 2. Subdivision, Zoning and Conditional Use. The City shall also adopt Ordinances for subdivision and zoning of the Property as set forth below: a. In accordance with Title 12 of the City’s Subdivision Ordinance, but subject to the conditions and provisions of this Annexation Agreement, upon annexation of the Property, the Property, shall be subdivided into 2 lots. Subdivision shall be in conformance with the Owner's Subdivision Plat, as depicted in plans prepared by Manhard Consulting dated April 28, 2022 and attached hereto as Exhibit B. b. In accordance with Title 11 of the City's Land Use Ordinance, but subject to the conditions and provision of this Annexation Agreement, upon annexation and subdivision of the Property, Lot 1, containing approximately 7.8 acres, more or less, the City shall adopt an Ordinance amending the City's Zoning Map to classify Lot 1 to C-5, Highway Commercial Zoning District. Additionally, with regard to Lot 2, containing approximately 100.2 acres, more or less, the City shall adopt an Ordinance amending the City's Zoning Map to classify Lot 2 to RS-1/A-M, Low Density Single- Family Residential with an Agricultural Mining Overlay Zoning District. Lot 2 shall be developed pursuant to a Conditional Use to operate a single mining operation creating water features on the property and engage in the sale and extraction of earth materials. The Conditional Use term shall have a term of ten (10) years plus an option, at the Owner’s sole discretion, which the City Council shall administratively approve, provided the Owner is in compliance with the terms of this Agreement, term renewal for an additional five (5) year extension period. Such extension shall be pursued and completed prior to the expiration of the previous ten (10) year term. Conditions and provisions of this Agreement shall be incorporated as conditions of the Conditional Use during the term of this Agreement. Permitted Conditional Uses shall include: Outside storage of equipment used in the Operations; Stockpiles of sand and aggregate materials generated from the Operations; Mining/extraction/processing of gravel and sand; Stockpiles of asphalt grindings and crushed concrete aggregates crushed and 144 Page 3 | 14 hauled from off site of the Property locations; Fill import of topsoil, clay and including USFO (Uncontaminated Soil Fill Operations); Minor impacting of rock, 5 inches or less and washing activity with no significant offensive noise emittance beyond property lines, as determined by the City Administrator. No crushing of rocks greater than 5 inches in size; no concrete or asphalt crushing or related grinding activity, of any sort shall be permitted on the Property. No fuel oil or chemical storage tanks, illegal dumping, shall be permitted on the Property. This Agreement and the Conditional use hereby granted are subject to compliance by the Owner with each of its obligations and conditions herein and pursuant to the ordinance adopted by the City. B. OBLIGATIONS OF THE OWNER. 1. Term. This Agreement shall be valid and binding upon the Parties hereto, their respective successors and assigns, for a term of fifteen (15) years commencing as of the date of this Agreement. 2. Royalty Fees Payable to The City. a. The Owner shall pay the City $0.10 for each ton of Product mined and exported offsite from the Operations. Product is defined to include: all extracted aggregate product, including sand, gravel, crushed stone, mined and exported off site. The quantity of Product exported off site shall be documented by Owner's truck loading weight tickets. Payment of this fee shall begin on the first quarter anniversary of the commencement of Operations and exported Product on the Property and on the anniversary of each quarter thereafter. The Owner shall deliver to the City quarterly reports showing the quantity of exported Product from the Property during the preceding calendar quarter. The Owner shall keep accurate record of the exported Product and truck loading weight tickets for at least eighteen (18) months after expiration of each year, conforming to generally accepted accounting practices showing the exported Product from the Property for such year, including all tax reports, truck loading weight tickets, conveyor weighing records, sales checks, and other supporting data, which will facilitate verification of the calculations of the fees payable to the City. On or before April 15, July 15, October 15 and January 15 of each calendar year. Owner shall pay the City the royalty due from the previous quarter. The truck loading weight tickets or reports substantiating said payments shall accompany said payments. b. The City shall have the right by its accountants or representatives to audit or examine all Owner's records (including all supporting data) regarding these materials and Owner shall make all such truck loading weight tickets and records available for such examination in the event owner fails to comply with the fees established in this Agreement. Owner's refusal to permit this audit or examination shall result in a stop order of all activity and operations on the Property and revocation of the Special Use. If any such audit discloses that the actual amount of exported Product exceeded those reported, the Owner shall forthwith pay the additional fee due for the excess, in addition to the cost of such audit and examination. If such audit discloses that the amount of exported Product exceeded that reported by more than 10 percent at any one 145 Page 4 | 14 time, the City shall give notice of such discrepancy and the Owner shall have sixty (60) days to cure said discrepancy or place disputed sums in escrow with the City at its written direction. The parties will then appoint an independent auditor mutually acceptable to the parties to resolve the dispute whose fee shall be shared equally by the parties and whose decision shall be binding and final. If the parties cannot agree upon and independent auditor within 15 days, an auditor selected by City’s finance director shall be selected. 3. Public Utility Improvements and Recapture. a. Upon the earlier to seek development of i) Lot 1 or ii) any existing vacant parcel of land located on the south side of IL-120 east of Chapel Hill Road to the property line of 1903 W IL-120, the Owner, at its cost, and upon written notice from the city, shall extend the City Sanitary Sewer main and Potable Water main and appurtenances from their existing locations at the existing at the southwest corner of Chapel Hill Road and IL-120, across Chapel Hill Road and within the Illinois Department of Transportation South right-of-way to the western Property Line of 1903 W IL-120 (“Owner’s Obligation to Extend Sewer and Water Mains”). The Owner’s Obligation to Extend Sewer and Water Mains shall secured by a letter of credit, fully issued and tendered to the City, contemporaneously upon execution of this Agreement, by Home State Bank, N/A, in an amount and in a form all approved by the City Attorney and City Administrator. b. In the future, the City Council and the Owner agree to negotiate a written recapture agreement relating to the Owner’s Obligation to Extend Sewer and Water Mains off site of the Property. The proposed benefited properties, to be agreed upon by the City and Owner, shall pay all recapture fees (to be defined in said agreement) with agreed upon interest over a period of time not exceeding 20 years from the date of completion of Owner’s Obligation to Extend Sewer and Water Mains and the allocation of recapture fees across the benefitted properties shall be prorated based on total square footage of each benefitted property, not lineal feet of frontage along Rt. 120. c. The building improvements constructed by Owner on Lot 1 shall be serviced by City water and sewer, not private well and septic. Future homes developed on Lot 2 may be serviced by private wells and septic systems or City water and sewer at Owner’s choice. 4. Days and Hours of Operation. Owner’s standard hours of operations, other than maintenance functions, are from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 6:00 p.m. Saturdays (excluding New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Day, and Sundays). Loading and maintenance hours shall be from 6 a.m. to 6 p.m. 5. Truck Staging. At no time shall any vehicles idle, park, or stage into the Illinois Department of Transportation Right-Of-Way when accessing the Property for aggregate materials. This provision does not apply to construction related activities for the development of Lot 1. 146 Page 5 | 14 6. Reclamation Plan. The operations shall consist of mining and reclamation in conformance with the Owner's Reclamation Plan, as depicted in plans prepared by Scheflow Engineers Engineering dated revised June 29, 2023 and attached hereto as Exhibit B. The Property and Owner's Operations shall be subject to inspection by the City, at its discretion, to assure that the actual operations conform to the Engineering and Planning Documents referenced in this Agreement and throughout the annexation and zoning proceedings. After the initial excavating and grading needed to create the required berming of the Property, the Owner shall sequentially perform their mining and extraction operations in general conformance to sequencing shown in the Engineering and Planning Documents and shall cause segments in which the mining and extraction is complete to be reclaimed. The Owner may make minor amendments to its Mining and Reclamation Plan subject to staff review and City Administrator’s prior written approval. 7. Surety Bond/Letter of Credit. The Owner shall comply with 11-18-3 of the City’s Land Use Ordinance regarding sureties for active mining areas, necessary for compliance of approved phasing and reclamation plans. Processing, stockpile, lake surface and agricultural areas shall be exempt from surety requirements. 8. Noise. Noise generated within the 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”). The City, at its discretion, may hire a Noise Consultant to periodically test the noise levels wherever and whenever it wants at the border of or otherwise outside of the Owner’s property lines. All Noise Consultant expenses and fees shall be paid by the Owner. All Owner 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 feeder 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, Owner shall apply engineering noise controls, such as enclosures, barriers or mufflers of the offending equipment to alleviate the noise complaints. 9. Dust. Visible emissions of particulate matter shall leave the property line in strict compliance with the regulations set forth in 35 Illinois Administrative 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, the City, at its discretion, may hire a Dust Consultant to periodically test the dust levels wherever and whenever it wants at the border of or otherwise outside of the Owner’s 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 147 Page 6 | 14 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. All Dust Consultant expenses and fees shall be paid by the Owner. 10. Groundwater. Prior to the commencement of any aggregate mining/earth extraction activities, the Owner shall conduct a water quality test at one of the downgradient monitoring wells, at the advice and consent of the City’s Engineer, to establish a baseline assessment for contamination. The water quality test shall include all public water supply drinking water parameters inclusive of organic chemicals. Groundwater passing through the Subject Property shall be monitored at two (2) on-site upgradient water wells and two (2) on-site down gradient locations depicted on the Operations and Phasing Plan of the Mining Plans. Wells shall be provided by Owner no later than the commencement of mining operations. Groundwater samples, testing and expenses shall be paid by the Owner and shall be 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 Unified Development Ordinance (UDO) for Earth Extraction Sites. Testing of the groundwater from these well sites shall be conducted and set forth under the parameters of the UDO. 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. 11. Contamination Response Plan. The Owner shall provide a contamination response plan to be reviewed and found acceptable at the discretion of the City’s Engineer. 12. Illinois Route 120. Illinois Route 120 at the entrance of the Subject Property, shall be maintained by Owner 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 paved at a minimum distance of 300’ from the street right-of-way and swept or vacuumed by Owner not less than two (2) days per week and upon reasonable request by the City. In addition, at the weigh station, signage will be clearly posted by Owner requiring all trucks hauling materials to clean the truck sides and back of loose material to prevent spillage. Owner’s employees shall inspect trucks leaving the Subject Property and notify drivers to clean loose gravel off their trucks as needed. Owner shall not ship mined materials off site until Illinois Department of Transportation permitted ingress/egress construction is complete. 13. Annual Written Report, with maps/diagrams shall be provided to the City Administrator and Council 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 148 Page 7 | 14 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 the mining review 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 Owner employee. e. Violations found to have existed, f. Complaints received. g. Fines issued. h. Groundwater monitoring performed/results. i. Required annual and quarterly reports. 14. Owner’s Adjacent Parcel. Prior to the conducting any aggregate mining/earth extraction activities or residential development on Owner’s Adjacent Parcel, and no later than December 31, 2026, Owner shall cause said the Adjacent Parcel to be disconnected from the Village of Lakemoor and annexed to the City of McHenry. In the event the Adjacent Parcel is not successfully and timely disconnected from the Village of Lakemoor corporate limits and annexed to the City of McHenry, the Adjacent Parcel shall remain vacant and aggregate mining and earth extraction activities thereon shall not be conducted. Violation of this condition shall permit the City to revoke the conditional use issued to the Owner, in relation to the Property, hereunder upon written notice to the Owner. 15. No Violations. Owner shall conduct its mining operations in full compliance with rules, regulations and ordinances of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. 16. Penalty for Violation of this Agreement. The exclusive venue for any dispute regarding this Agreement shall be in the 22nd Judicial Circuit Court, McHenry County, Illinois. Owner’s violation of the terms of this Agreement shall render it subject to a fine of up to $1,000 per day for each day of the violation. 17. Stop Orders. The City may in its exclusive discretion order the Owner to stop all activity and operations on Lot 2 of the Property upon the City’s determination of one or more violation(s) of the conditions of this Agreement or the conditional use permit issued to the Owner or once the Illinois Environmental Protection Agency (IEPA) or the Federal Mine Safety and Health Act (MSHA) has determined that the Owner has violated IEPA or MSHA rules and regulations. In any of these situations, written notice of the violation(s) shall be issued by the City to the Owner within twenty-four (24) hours of the stop work order being issued. Upon Owner’s receipt of such written notice all activity and operations on Lot 2 of the Property shall stop. Thereafter, Owner shall show proof that the referenced violation(s) have been corrected before Operations may resume. 18. Time of Essence. It is understood and agreed by the Parties that time is of the essence to this Agreement. 149 Page 8 | 14 19. Enforceability. In the event either party to the Agreement files suit to enforce the terms hereof, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. 20. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, 21. Berms and Fencing. Owner shall cause the boundaries of the Property to be enclosed by a fence, berm or other screening in a manner and configuration depicted on the Operations and Phasing Plan of the Mining Plans. Berms shall be designed so that they do not erode into the road or highway right-of-way or onto the adjoining property. All active operations shall be contained by an earthen berm of not less than ten (10) feet in height and a five-wire farm fence of not less than fifty-four (54) inches in height, of such a design so as to allow the free flow of wild animals, but to discourage trespassing by humans and farm animals. Berms shall be planted with grass, shrubs and trees and maintained as a visual and acoustical screen. A gate shall be placed at the main entrance that will be kept locked whenever the Owner, Operator or their agent is not on site. 22. Mining Setbacks. Earth extraction and/or mining operation(s) setbacks shall be in a manner and configuration depicted on the Operations and Phasing Plan of the Mining Plans. Earth extraction and/or mining operation(s) that remove and do not replace the lateral support, shall not approach property lines, established right-of-way lines of any public roads, streets or highways closer than a distance equal to 100 feet of any nonindustrial district or property line of any school or hospital, or 50 feet from all other property lines. 23. State Natural Inventory. The Illinois Department of Natural Resources (IDNR) indicates records of the state-listed Blanding’s turtle in the vicinity of the project area. Owner shall educate on-site personnel for species identification by providing life cycle information and photos. Owner shall notify IDNR if the species are encountered at the project site. 24. Engineering and Planning Documents. The mining and extraction operation and reclamation activity of the Property shall be in general compliance with the Engineering and Planning Documents as submitted by Owner at the time of annexation namely the Site, Operations/Mining and Reclamation Plans prepared by Scheflow Engineers dated revised June 29, 2023 and attached hereto as Exhibit B, with the relevant provisions of Chapter 18 of the City’s Land Use Ordinance, as modified herein, applicable engineering standards, and with the provisions set forth in this Annexation Agreement. Final engineering plans describing in detail the mining and extraction activity and all associated land disturbing activities and required improvements pertaining to the mining and extraction use, including but not limited to site grading, top soiling specifications, seeding, landscaping, and site access drive plans, shall be submitted to the City for review and approval by the City prior to commencement of building and site development activities. As may be applicable, Owner shall comply with the requirements of Chapter 18 of the City's Land Use Ordinance prior to the commencement of operations. The City and Owner recognize that Exhibit B depicts the present and intended operations within the Property for the uses contemplated by this Agreement and that on-going operations may require revisions from time to time. 150 Page 9 | 14 25. Inspection. During the term of the Conditional use granted herein and subject to reasonable notice and consistent with the state, county and federal regulations, the City shall have access to the Property to enable the staff to monitor compliance with this Agreement. No inspection fees will be required for the duration of this Agreement. For purposes of this Section, "inspection fees" does not mean "fines, fees, penalties and court costs" associated with any statutory, code, or ordinance enforcement action by the City. 26. Compliance with Federal, State, County and City Regulations. a. Owner shall comply with all applicable federal, state, and county regulatory requirements. b. Except as otherwise provided in this Agreement, Owner's mining operations shall comply with the provisions of Chapter 18 of the City's Land Use Ordinance and the applicable provisions of Section 14.3.P of the McHenry County Unified Development Ordinance. 27. Safety. All mining and related operations on the Property shall be conducted in a safe manner and will follow U.S. Department of Labor Mine Safety and Health Administration Safety Regulations. 28. Site Maintenance. The site shall be maintained in a neat and orderly condition, free of all debris, junk, trash, waste products or materials, and abandoned equipment which are no longer used or unless capable of being used by the Owner in its Operations. Buildings, if any, shall be maintained in good repair and appearance. Berms and fences shall be maintained to present a neat appearance free from all litter. 29. Reimbursement of Fees. The Owner is required to deposit $10,000 to reimburse the City for any attorneys' fees, engineering fees, and such other costs or fees incurred by the City in connection with these annexation and zoning proceedings. In the event that these costs exceed $10,000, the Owner shall pay the additional costs. If costs are less than $10,000, the City will reimburse the unspent balance to the Owner. 30. Point of Sale. To the extent lawfully permitted by the Illinois Department of Revenue, the point of sale of excavated materials from the site shall be deemed to originate in the City of McHenry. C. MISCELLANEOUS 1. General Application of Ordinances. Except as otherwise specified herein, all City ordinances of general applicability shall apply to the Property, the Owner and all successors and assigns in title. 2. "Grandfathering". During the Term of this Agreement, Owner's operations as applicable shall be grandfathered and Owner shall be allowed to maintain the following on the Property; a. Farming and grazing; and b. "Mining operations" will continue to be classified under the Agricultural Mining Overlay (A-M) zoning classification and any amendment to the Agricultural Mining Overlay (A-M) zoning classification standards and permitted and conditional uses shall 151 Page 10 | 14 not apply to the Property. These grandfathered provisions shall remain in place as provided in this Section C.3 except in the event that the United States and/or State of Illinois impose mandatory or more restrictive standards that the City cannot waive, in which case such federal and/or state standards shall apply. 3. Covenants Running with the Land. The covenants and agreements contained in this Agreement shall inure to the benefit of and be binding upon the successors in title and assigns of the Owner and each of them, and upon the successor Corporate Authorities and each of them, and upon the successor municipalities of the City, and shall constitute covenants running with the land. 4. Regulations of Other Governmental Units. During the term hereof, the Owner shall conduct its Operations in compliance with the statutes, rules and regulations of the State of Illinois, its departments, agencies and bureaus, including the Department of Mines and Minerals, the Environmental Protection Agency and specifically including the statutory requirements of the Surface-Mined Land Conservation and Reclamation Act (225 ILCS 715-1, et seq.) and Title 35, Subtitle D, Chapter 1: Mine Related Water Pollution Rules and Regulations (35 III. Adm. Code 401.101). 5. Prior Agreements. This Agreement supersedes all prior agreements, negotiations and exhibits which conflict herewith, and is a full integration of the entire agreement of the Parties. 6. Amendment. This Agreement may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the City approving said amendment as provided by law, and by the execution of said amendment by the parties or their successors in interest. The Parties acknowledge that certain future amendments may affect only a portion of the Property. In such event, this Agreement may be amended by written agreement between the City and the legal Owner of fee title to that portion of the Property which is subject to and affected by such amendment as provided by law; provided, that such amendment, if not executed by the then Owner of other portions of the Property, shall in no manner alter, amend, or modify any of the rights, duties or obligations as set forth in this Agreement as they pertain to such other portions of the Property. 7. Notice. Unless notified in writing, all notices, requests and demands shall be in writing and shall be delivered to or mailed by certified mail, return receipt requested, postage prepaid, as follows: To the City: City of McHenry 333 South Green Street McHenry, Illinois 60050 Attention: City Administrator City's Attorney: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, Illinois 60014 To the Owner: Land Reserves, LLC 5435 Bull Valley Road 152 Page 11 | 14 Suite 330 McHenry, IL 60050 The signed return receipt or an affidavit of mailing or proof of service shall be sufficient proof of delivery for all purposes. 8. Indulgences Not Waivers. The City's failure, at any time or times hereafter, to require strict performance by the Owner of any provision of this Agreement, shall not waive, affect, or diminish any right of the City thereafter to demand strict compliance and performance therewith. 9. Sale of Property. It is expressly understood and agreed that the Owner may sell or convey all or any part of the Property for the purposes of development, and upon each sale or conveyance, the purchaser shall be bound by the obligations and entitled to the benefits of this Agreement with respect to the part of the Property sold or conveyed. The Owner shall notify the City of such purchase or agreement or assumption of responsibilities. A selling owner of all or any portion of the Property, however, shall only be released where: a. Upon the conveyance by Owner (“Transferor”) to a third party (“Transferee”) the rights and obligations of Transferor shall be deemed assigned to and assumed by such Transferee, and Owner shall thereupon be released and discharged by the City from further obligation pertaining to such identified rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities and shall perform all duties and obligations of Owner pertaining to such phase of development or portion of the property. The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City affecting the portion of the Property conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City with respect to all of Owner’s obligations pursuant to this Agreement; and b. There is no uncured or existing violation of the City's ordinances or this Agreement. 10. Owner's Agreement Not to Disconnect the Property. Notwithstanding any rights that the Owner may have to disconnect the Property from the City pursuant to the Illinois Municipal Code (the "Code"), including but not limited to Section 7-3-6 of the Code, the Owner agrees to hereby i) waive any and all rights to disconnect the Property from the City in exchange for the benefits conferred upon the Property by this Agreement and ii) not to, at any time, disconnect the Property from the City. 11. Indemnity. The Owner shall defend, indemnify and hold harmless the City, and its past, present and future elected and appointed officers, employees and agents (hereinafter "City Indemnitees") from and against the following: a. Any and all claims, liabilities, losses, taxes, judgments, costs, fees, including expenses and reasonable attorneys' fees incurred by the City, arising out of and in connection with this Agreement, the annexation, development and operations conducted by the Owner on the Property; and 153 Page 12 | 14 b. Any and all injuries to any person(s), including death, within the boundary of the Property at any time; and c. Any and all contamination or other damage or injury to any properties, water wells, or persons outside of the Property. 12. Code Variations. The Owner, at its sole discretion, shall have the option to install a well and septic system to provide potable water for permanent restroom facilities or portable restroom facilities for its employees, agents and guests in the scale house. This waiver is limited in duration to the period of during which the Owner conducts activities in accordance with the Conditional Use Permit for aggregate mining operations. 13. Future Development. Owner's future residential development of the Property shall be pursuant to the City Ordinances, including its Subdivision and Zoning Ordinances of the City then in effect. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. LAND RESERVES, LLC CITY OF McHENRY By: By: Jack Pease, Managing Member Wayne Jett, Mayor CITY: [SEAL] ATTEST: By: Monte Johnson, Deputy City Clerk Signed before me on this _____day of __________ 20__ By: Notary Public Z:\M\McHenryCityof \PeaseJack\AnnexationAgmt.docx 154 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 155 EXHIBIT B MINING AND DEVELOPMENT PLANS 156 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 7807707707 7 0 770 770770 77077077477277877677876477277677877676876 2774772 766 762 778 776 776 764 778 791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770 760 327 B153 A+323 D2327 B327 B327 BH-11H-12H-14H-9H-10H-6H-5H-2H-13H-1H-3H-4H-5H-8B-3B-2B-1C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EA1-AgricultureR3 -MultifamilyResidentialR1 -Single-familyResidentialR3 -MultifamilyResidentialB3 -GeneralBusinessA1-AgricultureB1 - NeighborhoodBusinessR1 -Single-familyResidentialR1 -Single-familyResidentialRS-1LOW-DENSITYSINGLEFAMILYRESIDENTIALRA-1ATTACHEDRESIDENTIALR1 -Single-familyResidentialWATER WAS FOUND AT 748.0*ON FEBRUARY 10, 2019*THIS ELEVATION MAY VARY BYSEASON157 113.38'S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 7807707707 7 0 770 770770 77077077477277877677876477277677877676876 2774772 766 762 778 776 776 764 778 791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770 760 327 B153 A+323 D2327 B327 B327 BC O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EPHASE1S 09°57'26" W 3 5 3 . 9 6 ' N 3 7 ° 1 8 ' 3 1 " E 3 8 5 . 0 1 'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK10.0' SIDE YARD SETBACK30.0' FRONT YARD SETBACKPHASE2PHASE3PHASE4PHASE5B E R M600.00'60 0 . 0 0 'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57'GROUND WATER FLOWLOT2P E R M A N E N T B E R M772774776B E R MB E R MB E R M P E R M A N E N T B E R MP E R M A N E N T B E R MB E R M B E R M158 113.38'S T A T E R O U770 77076 2774772 76623 C3153 A+770153 A+PHASE1N 3 7 ° 1 8 ' 3 1 " E 3 8 5 . 0 1 'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK30.0' FRONT YARD SETBACK600.00'60 0 . 0 0 'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57772774776 B E R MB E R M R MPART OF L O T 2159 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:13:16:17707607707 6 0 770 760760 3:1770780760760770780790790780760770780780770 76 0 760770770 50 ACRE LAKE65' SETBACK BERM 10' HIGHLOT 2CCA A B B 770 780LOT 13:1 7606:17606:1 VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVI L L A G E O F L A K E M O O R 780790760770770DD3:1 772774776780790160 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:13:16:177076077076 0 770 760760 3:1770780760760770780790790780760770780780770 76 0 760770770 50 ACRE LAKE65' SETBACK BERM 10' HIGHLOT 2CCA A B B 770 780LOT 13:1 7606:17606:1 VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVI L L A G E O F L A K E M O O R 780790760770770DD3:1772774776 780790McHenry County Standard Soil Erosion and Sediment Control Notes1. Control measures shall meet the minimum standards and specifications of the Illinois Urban Manual(www.aiswcd.org/IUM) unless stated otherwise.2. Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the developmentsite that are not to be disturbed shall be protected from construction traffic or other disturbance until finalstabilization is achieved.3. Soil stabilization measures shall consider the time of year, development site conditions and the use oftemporary or permanent measures.4. Stabilization by seeding shall include topsoil placement and fertilization, as necessary.5. Native seed mixtures shall include rapid-growing annual grasses or small grains to provide initial,temporary soil stabilization.6. Offsite property shall be protected from erosion and sedimentation. Velocity dissipation devices shall beplaced at concentrated discharge locations and alone the length of any outfall channel, as necessary.7. Sediment control measures shall be installed prior to the disturbance of tributary areas.8. Stabilization of disturbed areas shall be initiated immediately whenever any clearing, grading, excavationor other earth disturbing activities have permanently ceased on any portion of the development site, ortemporarily ceased on any portion of the development site and will not resume for a period exceeding 14calendar days. Stabilization of disturbed areas shall be initiated within 1 working day of permanent ortemporary cessation of earth disturbing activities and shall be completed as soon as possible, but no laterthan 14 calendar days from the initiation of stabilization work in an area. Exceptions to these time framesspecified below:A. Where the initiation of stabilization measures is precluded by snow cover, stabilization measures shallbe initiated as soon as practicable; andB. In areas where construction activity has temporarily ceased and will resume after 14 days, temporarystabilization method may be used.9. Disturbance of steep slopes shall be minimized. Areas or embankments having slopes steeper than 3:1shall be stabilized with staked in place sod, erosion control blanket in combination with seeding, or anequivalent control measure.10. Perimeter control measures shall be provided downslope and perpendicular to the flow or runoff fromdisturbed areas, where the tributary area is greater than 5,000 square feet, and where runoff will flow in asheer flow manner. Perimeter erosion control shall also be provided at the base of soil stockpiles.11. The stormwater management system shall be protected from erosion and sedimentation downslopefrom disturbed areas. Inlet protection that reduces sediment loading, while allowing runoff to enter theinlet shall be required for all storm sewers. Check dams, or an equivalent control measure, shall berequired for all channels. Filter fabric inlet protection and straw bale ditch checks are not acceptablecontrol measures.12. If dewatering services are used, discharges shall be routed through an effective sediment controlmeasures (e.g., sediment trap or an equivalent control measure). The Enforcement Officer shall be notifiedprior to the commencement of dewatering activities.13. All temporary soil erosion and sediment control measures shall be removed within 30 days after finalstabilization of the development site is achieved or after the temporary measures are no longer necessary.Trapped sediment shall be removed and disturbed areas shall be permanently stabilized.14. Stockpiled soil and materials shall be removed from flood hazard areas at the end of each workday. Soiland materials stockpiled in IWMC or buffer areas shall be placed on timber mats, or an equivalent controlmeasure.15. Effective control measures shall be utilized to minimize the discharge of pollutants from the developmentsite. At a minimum, control measures shall be implemented in order to:A. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, andother wash water; andB. Minimize the exposure of building materials, building products, construction wastes, trash, landscapematerials, fertilizers, pesticides, herbicides, detergents, vehicle fluids, sanitary waste, and othermaterials present on the development site to precipitation and to stormwater.16. Adequate receptacles shall be provided for the depositing of all construction material debris generatedduring the development process. The applicant shall not cause or permit the dumping, depositing,dropping, throwing, discarding or leaving of construction material debris upon or into any developmentsite, channel, or IWMC. The development site shall be maintained free of construction material debris.17. The Enforcement Officer may require additional or alternate soil erosion and sediment control measures,based on development site specific considerations and the effectiveness of the installed control measures.161 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- AN ORDINANCE ANNEXING TO THE CITY OF MCHENRY 110 ACRES LOCATED NORTH OF STATE ROUTE 120 AND EAST OF CHAPEL HILL ROAD WHEREAS, Land Reserves, LLC is the legal owner (“Owner”) of record of real property, consisting of parcels containing approximately 110 acres, legally described in Exhibit A attached hereto and made a part hereof, (the "Property"); and WHEREAS, the City of McHenry (“City”) has received a petition from Owner requesting annexation of Property to the City; and WHEREAS, the petition complies with the relevant statutory requirements of 65 ILCS 5/7- 1- 8 and has been accepted by the City; and WHEREAS, said Property is not within the corporate limits of any municipality, other than the County of McHenry, and is contiguous to the corporate boundaries of the City; and WHEREAS, this Ordinance is intended to facilitate the development of the Property subject to an Annexation Agreement ("Agreement") between the Owner and the City executed herewith, and shall be construed liberally to achieve that purpose, and shall further be construed to be consistent with the other ordinances passed this day by the Mayor and City Council regarding the Agreement. WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to approve and execute the Agreement. WHEREAS, the City, 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. NOW, THEREFORE, BE ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The above recitals are incorporated herein as part of the operative substance of this Ordinance, including as findings of fact. 162 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2: The City of McHenry hereby accepts the annexation petition and the annexation and hereby approves the annexation of the Property, which consists of 110 acres, more or less, located in an unincorporated portion of McHenry County, McHenry Township, and is legally described in Exhibit A, attached hereto. SECTION 3: Upon execution of and satisfaction of all conditions outlined in the Annexation Agreement within 60 days thereafter, the City Clerk is hereby directed to record in the Office of the Recorder of Deeds and file in the Office of the County Clerk of McHenry County, Illinois, and the post office serving the Property within 30 days of the effective date of this Ordinance, a certified copy of this Ordinance, together with a Plat of Annexation of the Property hereby annexed, attached hereto and made a part hereof. SECTION 4: If, any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinance in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed this 7th day of August, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 163 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 164 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- AN ORDINANCE GRANTING APPROVAL OF A PRELIMINARY AND FINAL PLAT OF SUBDIVISION OF MCHENRY LAKES BUSINESS PARK SUBDIVISION 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; and WHEREAS, a petition has been filed with the City by Land Reserves, LLC. (“OWNER”) requesting approval of the subdivision of the property legally described in “Exhibit A”; and WHEREAS, a public meeting on said petition was held before the Planning and Zoning Commission on January 15, 2023 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did recommend to the City Council the granting of the requested preliminary and final plats of subdivision; and WHEREAS, the City Council finds that the approval of the preliminary and final plats of subdivision is in conformance with the ordinances of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the preliminary and final plat titled, “Final Plat of McHenry Lakes Business Park Subdivision,” prepared by Manhard Consulting, and bearing the date 4/28/22, attached hereto (“Exhibit B”) and incorporated herein by reference, be and the same is hereby approved subject to the following conditions: 1. The Owner shall revise the Final Plat to include a plat restriction identifying that 1) all land uses occupying Lot 1 of McHenry Lakes Business Park Subdivision shall be serviced by City Water and Sanitary Sewer; 2) the owner of Lot 2 shall have the option to service all land uses occupying lot 2 with City Water and Sanitary Sewer or private wells and septic systems at the discretion of the Owner; and 3) such other platting conditions required in the Annexation Agreement relating to the Property. Said revisions shall be reviewed and approved at the discretion of the City’s Engineer. 165 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: 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 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 7th day of August, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 166 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 167 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B Final Plat of McHenry Lakes Business Park Subdivision prepared by Manhard Consulting, and bearing the date 4/28/22 168 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY TMTM MCHENRY LAKES BUSINESS PARK MCHENRY, ILLINOIS FINAL PLAT OF SUBDIVISION169 ’“”“”“”’PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY TMTM MCHENRY LAKES BUSINESS PARK CITY OF MCHENRY FINAL PLAT OF SUBDIVISION ’’“”“”170 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- ORDINANCE GRANTING A ZONING MAP AMENDMENT, AND CONDITIONAL USE PERMIT FOR EARTH EXTRACTION, EARTH MATERIALS PROCESS OPERATIONS, ASPHALT/CONCRETE RECYCLING OPERATIONS, AND OUTDOOR STORAGE ASSOCIATED WITH THE OPERATION OF A GRAVEL PIT AND CONSTRUCTION OF A LAKE 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; and WHEREAS, a petition has been filed with the City by Land Reserves, LLC. (“OWNER”) requesting approval of Zoning Map Amendments, and a Conditional Use Permit for the operation of a gravel pit on the property commonly known as 2014 W. IL Route 120, legally described on “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 15, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend denial of the request to the City Council; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Zoning Map Amendment on Lot 1 of McHenry Lakes Business Park Subdivision to C-5 Highway Commercial District, and RS-1 Low Density Single Family Residential with Agricultural Mining Overlay Zoning District on Lot 2 of McHenry Lakes Business Park Subdivisions. SECTION 2: In granting said Zoning Map Amendments, the City Council finds that the Approval Criteria for Zoning Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met. 171 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of a Conditional Use Permit to allow extraction, earth materials processing operations, asphalt/concrete recycling operations and outdoor storage associated with the operation of a gravel pit and construction of a lake on Lot 2 of McHenry Lakes Business Park Subdivision subject to all terms and conditions of that certain Annexation Agreement entered into on August 7, 2023 between the City and the Owner in relation to the property including, but not limited to the following conditions: 1. Term. The Conditional Use term shall have a term of ten (10) years plus an option, at the Owner’s sole discretion, which the City Council shall administratively approve, provided the Owner is in compliance with the terms of this Agreement, term renewal for an additional five (5) year extension period. Such extension shall be pursued and completed prior to the expiration of the previous ten (10) year term. 2. Conformance with Plans. All operations and development on site shall be in substantial conformance with the plans prepared by Scheflow Engineers (“Exhibit B”). 3. Permitted Conditional Uses. Permitted Conditional Uses shall include: Outside storage of equipment used in the Operations; Stockpiles of sand and aggregate materials generated from the Operations; Mining/extraction/processing of gravel and sand; Stockpiles of asphalt grindings and crushed concrete aggregates crushed and hauled from off site of the Property locations; Fill import of topsoil, clay and including USFO (Uncontaminated Soil Fill Operations). a. At no time shall the Owner operate a Primary Crusher on the property. This provision does not apply to the minor impacting of rock, 5 inches or less and washing activity with no significant offensive noise emittance beyond property lines, as determined by the City Administrator. b. No crushing of rocks greater than 5’’ in size; no concrete or asphalt crushing or related grinding activity, of any sort shall be permitted on the Property. 4. Outdoor Storage. No fuel oil or chemical storage tanks, illegal dumping, shall be permitted on the Property. 5. Hours of Operation. Owner’s standard hours of operations, other than maintenance functions, are from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 6:00 p.m. Saturdays (excluding New Year's Day, Memorial Day, Independence Day, Labor 172 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Day, Thanksgiving, Christmas Day, and Sundays). Loading and maintenance hours shall be from 6:00 a.m. to 6:00 p.m. 6. Truck Staging. At no time shall any vehicles idle, park, or stage into the Illinois Department of Transportation Right-of-Way when accessing the Property for aggregate materials. This provision does not apply to construction related activities for the development of Lot 1. 7. Surety Bond/Letter of Credit. The Owner shall comply with §11-18-3 of the City’s Land Use Ordinance regarding sureties for active mining areas, necessary for compliance of approved phasing and reclamation plans. Processing, stockpile, lake surface and agricultural areas shall be exempt from surety requirements. 8. Noise. Noise generated within the 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”). The City, at its discretion, may hire a Noise Consultant to periodically test the noise levels wherever and whenever it wants at the border of or otherwise outside of the Owner’s property lines. All Noise Consultant expenses and fees shall be paid by the Owner. a. All Owner 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 feeder shall remain a minimum distance from residential property lines of 500 feet. b. 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, Owner shall apply engineering noise controls, such as enclosures, barriers or mufflers of the offending equipment to alleviate the noise complaints. 9. Dust. Visible emissions of particulate matter shall leave the property line in strict compliance with the regulations set forth in 35 Illinois Administrative 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 173 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 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, the City, at its discretion, may hire a Dust Consultant to periodically test the dust levels wherever and whenever it wants at the border of or otherwise outside of the Owner’s 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. All Dust Consultant expenses and fees shall be paid by the Owner. 10. Groundwater. Prior to the commencement of any aggregate mining/earth extraction activities, the Owner shall conduct a water quality test at one of the downgradient monitoring wells, at the advice and consent of the City’s Engineer, to establish a baseline assessment for contamination. Said test shall test for all public water supply drinking water parameters inclusive of organic chemicals. Groundwater passing through the Subject Property shall be monitored at two (2) on-site upgradient water wells and two (2) on-site down gradient locations depicted on the Operations and Phasing Plan of the Mining Plans. Wells shall be provided by Owner no later than the commencement of mining operations. Groundwater samples, testing and expenses shall be paid by the Owner and shall be 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 Unified Development Ordinance (UDO) for Earth Extraction Sites. Testing of the groundwater from these well sites shall be conducted and set forth under the parameters of the UDO. 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 174 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org reports shall be delivered to the City Administrator for confirmation of compliance with the applicable standards. 11. Contamination Response Plan. The Owner shall provide a contamination response plan to be reviewed and found acceptable at the discretion of the City’s Engineer prior to the commencement of any earth extraction/mining activities. 12. Stop Orders. The City may in its exclusive discretion order the Owner to stop all activity and operations on Lot 2 of the Property upon the City’s determination of one or more violation(s) of the conditions of this Agreement or the conditional use permit issued to the Owner or once the Illinois Environmental Protection Agency (IEPA) or the Federal Mine Safety and Health Act (MSHA) has determined that the Owner has violated IEPA or MSHA rules and regulations. In any of these situations, written notice of the violation(s) shall be issued by the City to the Owner within twenty-four (24) hours of the stop work order being issued. Upon Owner’s receipt of such written notice all activity and operations on Lot 2 of the Property shall stop. Thereafter, Owner shall show proof that the referenced violation(s) have been corrected before Operations may resume. 13. Berms and Fencing. Owner shall cause the boundaries of the Property to be enclosed by a fence, berm or other screening in a manner and configuration depicted on the Operations and Phasing Plan of the Mining Plans. Berms shall be designed so that they do not erode into the road or highway right-of-way or onto the adjoining property. All active operations shall be contained by an earthen berm of not less than ten (10) feet in height and a five-wire farm fence of not less than fifty-four (54) inches in height, of such a design so as to allow the free flow of wild animals, but to discourage trespassing by humans and farm animals. Berms shall be planted with grass, shrubs and trees and maintained as a visual and acoustical screen. A gate shall be placed at the main entrance that will be kept locked whenever the Owner, Operator or their agent is not on site. 14. Mining Setbacks. Earth extraction and/or mining operation(s) setbacks shall be in a manner and configuration depicted on the Operations and Phasing Plan of the Mining Plans. Earth extraction and/or mining operation(s) that remove and do not replace the lateral support, shall not approach property lines, established right-of-way lines of any public roads, streets or highways closer than a distance equal to 100 feet of any nonindustrial district or property line of any school or hospital, or 50 feet from all other property lines. 175 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 15. Inspection. During the term of the Conditional use granted herein and subject to reasonable notice and consistent with the state, county and federal regulations, the City shall have access to the Property to enable the staff to monitor compliance with this Agreement. No inspection fees will be required for the duration of this Agreement. For purposes of this Section, "inspection fees" does not mean "fines, fees, penalties and court costs" associated with any statutory, code, or ordinance enforcement action by the City. 16. Compliance with Federal, State, County and City Regulations. a. Owner shall comply with all applicable federal, state, and county regulatory requirements. b. Except as otherwise provided in this Agreement, Owner's mining operations shall comply with the provisions of Chapter 18 of the City's Land Use Ordinance and the applicable provisions of Section 14.3.P of the McHenry County Unified Development Ordinance. 17. Safety. All mining and related operations on the Property shall be conducted in a safe manner and will follow U.S. Department of Labor Mine Safety and Health Administration Safety Regulations. 18. Site Maintenance. The site shall be maintained in a neat and orderly condition, free of all debris, junk, trash, waste products or materials, and abandoned equipment which are no longer used or unless capable of being used by the Owner in its Operations. Buildings, if any, shall be maintained in good repair and appearance. Berms and fences shall be maintained to present a neat appearance free from all litter. 19. Regulations of Other Governmental Units. During the term hereof, the Owner shall conduct its Operations in compliance with the statutes, rules and regulations of the State of Illinois, its departments, agencies and bureaus, including the Department of Mines and Minerals, the Environmental Protection Agency and specifically including the statutory requirements of the Surface-Mined Land Conservation and Reclamation Act (225 ILCS 715-1, et seq.) and Title 35, Subtitle D, Chapter 1: Mine Related Water Pollution Rules and Regulations (35 III. Adm. Code 401.101). 176 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 4: All development on the Property shall be in substantial conformance with the “Development Plan for McHenry Lakes” dated revised August 1, 2023 attached hereto as “Exhibit C”. In the event of a conflict between the Development Plan for McHenry Lakes and the terms and conditions of the Annexation Agreement related to the Property than the terms and conditions of the Annexation Agreement shall prevail. SECTION 5: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 6: 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 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 7th day of August, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 177 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 178 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B • McHenry Lakes Plan Set prepared by Scheflow Engineers o Existing Conditions Soils & Topography dated revised 9/15/2022 o Operations and Phasing Plan dated 6/29/2023 o Operations and Phasing Plan Detail dated 6/29/2023 o Landscaping, Reclamation and Grading Plan Dated 6/29/2023 o Stormwater Pollution Prevention Plan Dated 6/29/2023 179 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 7807707707 7 0 770 770770 77077077477277877677876477277677877676876 2774772 766 762 778 776 776 764 778 791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770 760 327 B153 A+323 D2327 B327 B327 BH-11H-12H-14H-9H-10H-6H-5H-2H-13H-1H-3H-4H-5H-8B-3B-2B-1C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EA1-AgricultureR3 -MultifamilyResidentialR1 -Single-familyResidentialR3 -MultifamilyResidentialB3 -GeneralBusinessA1-AgricultureB1 - NeighborhoodBusinessR1 -Single-familyResidentialR1 -Single-familyResidentialRS-1LOW-DENSITYSINGLEFAMILYRESIDENTIALRA-1ATTACHEDRESIDENTIALR1 -Single-familyResidentialWATER WAS FOUND AT 748.0*ON FEBRUARY 10, 2019*THIS ELEVATION MAY VARY BYSEASON180 113.38'S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 7807707707 7 0 770 770770 77077077477277877677876477277677877676876 2774772 766 762 778 776 776 764 778 791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770 760 327 B153 A+323 D2327 B327 B327 BC O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EPHASE1S 09°57'26" W 3 5 3 . 9 6 ' N 3 7 ° 1 8 ' 3 1 " E 3 8 5 . 0 1 'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK10.0' SIDE YARD SETBACK30.0' FRONT YARD SETBACKPHASE2PHASE3PHASE4PHASE5B E R M600.00'60 0 . 0 0 'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57'GROUND WATER FLOWLOT2P E R M A N E N T B E R M772774776B E R MB E R MB E R M P E R M A N E N T B E R MP E R M A N E N T B E R MB E R M B E R M181 113.38'S T A T E R O U770 77076 2774772 76623 C3153 A+770153 A+PHASE1N 3 7 ° 1 8 ' 3 1 " E 3 8 5 . 0 1 'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK30.0' FRONT YARD SETBACK600.00'60 0 . 0 0 'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57772774776 B E R MB E R M R MPART OF L O T 2182 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:13:16:17707607707 6 0 770 760760 3:1770780760760770780790790780760770780780770 76 0 760770770 50 ACRE LAKE65' SETBACK BERM 10' HIGHLOT 2CCA A B B 770 780LOT 13:1 7606:17606:1 VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVI L L A G E O F L A K E M O O R 780790760770770DD3:1 772774776780790183 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:13:16:177076077076 0 770 760760 3:1770780760760770780790790780760770780780770 76 0 760770770 50 ACRE LAKE65' SETBACK BERM 10' HIGHLOT 2CCA A B B 770 780LOT 13:1 7606:17606:1 VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVI L L A G E O F L A K E M O O R 780790760770770DD3:1772774776 780790McHenry County Standard Soil Erosion and Sediment Control Notes1. Control measures shall meet the minimum standards and specifications of the Illinois Urban Manual(www.aiswcd.org/IUM) unless stated otherwise.2. Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the developmentsite that are not to be disturbed shall be protected from construction traffic or other disturbance until finalstabilization is achieved.3. Soil stabilization measures shall consider the time of year, development site conditions and the use oftemporary or permanent measures.4. Stabilization by seeding shall include topsoil placement and fertilization, as necessary.5. Native seed mixtures shall include rapid-growing annual grasses or small grains to provide initial,temporary soil stabilization.6. Offsite property shall be protected from erosion and sedimentation. Velocity dissipation devices shall beplaced at concentrated discharge locations and alone the length of any outfall channel, as necessary.7. Sediment control measures shall be installed prior to the disturbance of tributary areas.8. Stabilization of disturbed areas shall be initiated immediately whenever any clearing, grading, excavationor other earth disturbing activities have permanently ceased on any portion of the development site, ortemporarily ceased on any portion of the development site and will not resume for a period exceeding 14calendar days. Stabilization of disturbed areas shall be initiated within 1 working day of permanent ortemporary cessation of earth disturbing activities and shall be completed as soon as possible, but no laterthan 14 calendar days from the initiation of stabilization work in an area. Exceptions to these time framesspecified below:A. Where the initiation of stabilization measures is precluded by snow cover, stabilization measures shallbe initiated as soon as practicable; andB. In areas where construction activity has temporarily ceased and will resume after 14 days, temporarystabilization method may be used.9. Disturbance of steep slopes shall be minimized. Areas or embankments having slopes steeper than 3:1shall be stabilized with staked in place sod, erosion control blanket in combination with seeding, or anequivalent control measure.10. Perimeter control measures shall be provided downslope and perpendicular to the flow or runoff fromdisturbed areas, where the tributary area is greater than 5,000 square feet, and where runoff will flow in asheer flow manner. Perimeter erosion control shall also be provided at the base of soil stockpiles.11. The stormwater management system shall be protected from erosion and sedimentation downslopefrom disturbed areas. Inlet protection that reduces sediment loading, while allowing runoff to enter theinlet shall be required for all storm sewers. Check dams, or an equivalent control measure, shall berequired for all channels. Filter fabric inlet protection and straw bale ditch checks are not acceptablecontrol measures.12. If dewatering services are used, discharges shall be routed through an effective sediment controlmeasures (e.g., sediment trap or an equivalent control measure). The Enforcement Officer shall be notifiedprior to the commencement of dewatering activities.13. All temporary soil erosion and sediment control measures shall be removed within 30 days after finalstabilization of the development site is achieved or after the temporary measures are no longer necessary.Trapped sediment shall be removed and disturbed areas shall be permanently stabilized.14. Stockpiled soil and materials shall be removed from flood hazard areas at the end of each workday. Soiland materials stockpiled in IWMC or buffer areas shall be placed on timber mats, or an equivalent controlmeasure.15. Effective control measures shall be utilized to minimize the discharge of pollutants from the developmentsite. At a minimum, control measures shall be implemented in order to:A. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, andother wash water; andB. Minimize the exposure of building materials, building products, construction wastes, trash, landscapematerials, fertilizers, pesticides, herbicides, detergents, vehicle fluids, sanitary waste, and othermaterials present on the development site to precipitation and to stormwater.16. Adequate receptacles shall be provided for the depositing of all construction material debris generatedduring the development process. The applicant shall not cause or permit the dumping, depositing,dropping, throwing, discarding or leaving of construction material debris upon or into any developmentsite, channel, or IWMC. The development site shall be maintained free of construction material debris.17. The Enforcement Officer may require additional or alternate soil erosion and sediment control measures,based on development site specific considerations and the effectiveness of the installed control measures.184 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT C • Development Plan for McHenry Lakes dated revised 08/01/2023 185 Development Plan for McHenry Lakes Presented to the City of McHenry Prepared By: A Proven History…... .…. A Future Commitment Jack Pease 5435 Bull Valley Road Suite 330 McHenry, IL 60050 Office: 815-385-8000 Mobile: 815-790-1293 Revised 8/1/23 186 Table of Contents 1. Petition Request Outline 3 2. Property Background Information 2.1 Aerial Map 4 2.2 City of McHenry Zoning Map 5 2.3 City of McHenry Future Land Use Map 6 2.4 Aggregate Resources –McHenry County 2030 Comprehensive Plan 7 2.5 City of McHenry Mining History 8 2.6 Proposed Development Comparison 9 2.7 McHenry County Aggregate Locations –Map 10 3. Proposed Development Information 3.1 Development Narrative 11-15 3.2 Projected Traffic & Sales Volume 16 3.3 Projected Tax Revenue 17 3.4 Survey 18 3.5 Current Conditions Plan 19 3.6 Operations & Phasing Plan 20 3.7 Operations & Phasing Plan Detail 21 3.8 Landscaping, Reclamation and Grading Plan 22 3.9 Stormwater Pollution Prevention Plan 23 3.10 Subdivision Final Plat 24-25 3.11 McHenry Lakes Development Sketch Plan 26 3.12 Adjacent Lakemoor Property Development Plan 27 3.13 Chapel Hill Rd. Landscaped Berm Section 28 3.14 Proposed Berm Photos 29-30 4. Developer Background Information 4.1 Development Project List 31 4.2 Aggregate Site & Development Photos 32-41 5. Petition Summary Information 5.1 Conditional Use Approval Criteria (Zoning Ordinance - Table 31) 42-43 5.2 Minimal Impact Summary 44 5.3 Petition Request Rationale 45 McHenry Lakes Development Plan August 2023 2/46187 1.0 Petition Request Outline In the manner and form as prescribed by the City of McHenry Code of Ordinances and statute, Jack Pease, managing member of Land Reserves, LLC, owner of said property, petitions the City of McHenry as outlined below: ¾Petition for an Annexation Ordinance, annexing property contiguous and adjacent to the boundaries of the City of McHenry. Approximately 110 Acres, PIN: 10-31-101-012 & 10-30- 300-006. ¾Upon Annexation: o Subdivision Plat approval for 2 lots. Lot 1 shall be zoned C-5 (Highway Commercial Zoning District). Lot 2, approximately 103 acres, shall be zoned RS-1/A-M (Low Density Single-Family Residential with an Agricultural Mining Overlay). o Conditional Use approval on Lot 2, allowing extraction, earth materials processing operations, per plan. 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DUKER SCHOOLSHAMROCKFARMS PARKFOX RIDGEPARK POSTOFFICECOLD SPRINGSPARKN.I.M.C.McHENRY H.S.EASTKNOXPARKBOULDERCREEKPARKWHEELERPARK SWEENYPARKPETERSENPARK PETERSENHISTORICFARMINDEPENDENCE CTCHESAPEAKE DRIVEALTHOFF PARKO-1O-1O-1O-1O-1O-1O-1O-1O-1O-1O-154129836734283335292032111021242726233612252219303167313019RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RS-3RS-3RS-3RS-3RS-3RS-3RS-3RS-3RS-3RS-3A-MI-1I-1*I-1I-1I-1I-1I-1I-1I-1I-1I-1*I-1I-1I-1HCBPBPBPBPO-2O-2O-2O-2O-2O-2O-2O-2O-2O-2O-2C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-4C-4C-4C-4C-3C-3C-3C-3C-3C-3C-3C-3C-3C-3C-3C-2C-2C-2C-2C-1C-1IDDRA-1RA-1RA-1RA-1RA-1RA-1RA-1RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-1RS-1RS-1RS-1RS-1RS-1RS-1RS-1RS-1EEE**EEEEEE*EE*EEEE*1817161513141415161317181818REVISIONS1.2.3.4.#BY: DATE:DWN BY:CJPDSN BY:MACCHK BY:CJPINT:INT:INT:DATE:3-19-18PROJECT NO.180011HORIZ SCALE:1"=800'VERT SCALE:-SHEET NO.1 OF 1Revised03-19-18 Marci Geraghty - Deputy City ClerkOFFICIAL 2018CITY OF McHENRYZONING MAPMcHENRY, ILLINOIS* Subject to terms and provisions of an annexation agreement (See annexation agreement)** MunicipalZoning DistrictsCity LimitsEEstate DistrictRS-1Low-Density Single Family ResidentialRS-1AMedium-Low Density Single-Family ResidentialRS-2Medium-Density Single-Family ResidentialRS-3Medium-High-Density Single-Family ResidentialRS-4High-Density Single-Family ResidentialRA-1Attached ResidentialRM-1Low-Density Multi-Family ResidentialRM-2High-Density Multi-Family ResidentialIDDIntegrated Design DistrictC-1Convenience CommercialC-2Neighborhood CommercialC-3Community CommercialC-4Downtown CommercialC-5Highway CommercialO-1Local OfficeO-2Office ParkBPBusiness Park DistrictHCHealth Care DistrictI-1IndustrialA-MAgricultural & Mining Overlay DistrictRS-1CRYSTAL LAKE ROADCRYSTAL LAKE ROADBULL VALLEY ROADOfficial 2018 City of McHenry Zoning MapMcHenry, IllinoisTHIS MAP IS REVISED ANNUALLY1 inch = 800 feet800 0 800 1,600Feet±03-19-18 Marci Geraghty - Deputy CCCCCCCity ClerkereOFFICIAL 2018 McHenry Lakes Development Plan August 2023 5/46PIQ PAGE 5190 BULL VALLEY ROADRINGWOOD ROADWALKUP ROADBARREVI L L E R O A D BARNARD MILL ROADMCCULLOM LAKE ROADRIDGE ROADRIVERSIDE DRIVELILY LAKE ROADMASON HILL ROADNISH ROADVALLEY HILL ROADCHAPEL HILL ROADCRYSTAL LAKE ROADTHOMPSON ROADDRAPER ROADAMES ROADCRYSTAL SPRINGS ROADCURRAN ROADGRACY ROADOAK RIDGE ROADWONDER LAKE ROADBAY ROADW JOHNSBURG ROADRIDGEVIEW DRIVECHERRY VALLEY ROADJUSTEN ROADJOHNSBURG ROADCOLD SPRINGS ROADJOHN STREETOAK DRIVERIVER TERRACE DRIVELILY POND ROADE WONDER LAKE ROADSUNSET DRIVESHADY LANENEWPORT DRIVEDOWELL ROADNORTHPOINT ROADBAYVIEW LANEWONDERMERE ROADCHARLES J MILLER ROADCONCORD DRIVERAMBLE ROADTYLER TRAILMARTIN ROADSWEETWATER LANEWEGNER DRIVECUHLMAN ROADBAY OAKS DRIVE KENT ROADPLEASANT HILL ROADRIDGEWAY ROADPITZEN ROADBURTON ROADWEINGART ROADDORR ROADHOME AVENUEWHITING DRIVE RED BARN ROADSEMINOLE DRIVECOUNT RY DRIV E HILLTOP BOULEVARDCOLB Y D RI V E ORCHARD BEACH ROADMICHAEL STREETANTHONY LANEHOLIDAY DRIVEVETERANS PARKWAYMEADOW LANEORLEANS STREETBURNETT ROADCUNAT DRIVEFARMSTEAD DRIVEFAWN LANEBISCAYNE DRIVEGLENBROOK TRAILCOURT STREETOAKWOOD DRIVEOSAGE ROADW FERNVIEW LANERIVERDALE DRIVEREGNER ROAD ORCHARD DRIVESHADOW LANESTATE PARK ROADORCHARD LANE CHICKALOON DRIVEKANE AVENUELILLIAN S TREE T SHORE DRIVEHAMLIN ROADSPRING ROADMAPLE AVENUEPARKVIEW DRIVEANEWAUKEGAN ROADOJIBW A L A N E SWARTHMORE ROADAUGUST LANEALEXANDER DRIVEVALLEY ROADINDIAN DRIVEJOYCE LANEWONDERVIEW DRIVEVENICE ROADREICHE LANESTERLING DRIVECRYSTAL WAYBURTON TR A I L FAIRWAY ROADTWIN OAKS DRIVE STONEGATE DRIVEHIGHWOOD ROADFOX RUNCOLBY POINT ROADWHITMORE TRAILFRONT ROYAL DRIVEWOOD STREETVINE AVENUEW MAY AVENUEKAMA AVENUERONDA ROADDUTCH CREEK LANEPINE AVENUEBONNER DRIVECHERRY DRIVEFAWN TRAILWALNUT DRIVENORTH BOULEVARDCASTLEBERRY DRIVEDARTMOOR DRIVEREEKSIDE DRIVEN LONG LAN E BURR OAK DRIVECENTER STREETTULIP STREETJACOBSON ROADBRETONS DRIVEBLAKE BOULEVARDABBEY DRIVEKINGS WAYDEERWOOD TRAILMATANUSKA TRAILLEWIS LA N E IVY LANEGREENWOOD DRIVEBERRY COURTFLYNN STREETN ELMKIRK PARKMOHAWK DRIVECREEKSIDE TRAILSKYWAY DRIVECHESTNUT DRIVEBENJAMIN DRIVELILY LANESTICKNEY RUNLONGFORD LANEBRENTWOOD LANECENTEGRA DRIVEBURNING TREE DRIVEBEACH AVENUELORIENT DRIVEFAIRVIEW AVENUEJULIA WAYDARTMOOR DRIVECENTER DRIVEMILLER DRIVESHADOWOOD DRIVEJAMES STREETLIV CHIPPEWA DRIVETAMARISK TR A I LRAMSGATE LANEFARMINGTON LANEPORTSMOUTH DRIVECHURCH STREETCOUNTRY LANEWATERFORD DRIVEWINDING CREEK DRIVEGREENBRIER DRIVESCULLY DRIVEMAPLE HILL DRIVETREY ROADPHEASANT RUNTURNBERRY DRIVEWOODLAWN PARK DRIVEOAK AVENUESUNNYSIDE BEACH DRIVECOACHLIGHT ROADCOBBLESTONE DRIVEHILLTOP LANEEAST END DRIVEOAKLEAF DRIVEHOGBAC ROADHIGHVIEW DRIVEMCCABE AVENUEELM DRIVECHARNBBROOK DRIVEJENNY JAE LANEFAIRVIEW ROADEMERALD DRIVEHIGH STREETS BRIXHAM LANESPRINGS BOULEVARDMANOR LANEGARRISON ROADOPENGATE ROADADAMS DRIVESKYLINE DRIVEPALOMINO DRIVESPOJNIA ROADROSE AVENUE KERRY LANEEVERGREEN DRIVEFEN T R A I L MALIBU COURTBROAD STREETSIOUX LANEBULL RIDGE DRIVEWOODRIDGE TRAILSHERIDAN ROADAPPALOOSA TRAIL NORTH DRIVELINCOLN ROADFAIRVIEW LANE DOOLIN AENUEASHLEY DRIVEBEACHSIDE DRIVEKENSINGTON DRIVEAYRE DRIVEPEASTWOO D LANEGREATHILL ROADTHUNDERBIRD LANEHOMESTEAD DRIVEWATERSEDGE DRIVENEWBURY DRIVEOLD BAY ROADLOYOLA DRIVEJAY STREET MCHENRY DAM ROADSTILLING LANECARDINGTON WAYSILVER GLEN ROAD MARSHLAND WAYNANCY LANEMIDLETON LANEW MAY DRIVEWEDGEWOOD TRAILRIVER VIE W D R I V E HILLSIDE LANESALEM AVENUEPRESTWICK STREETANVIL ROADSHILOH DRIVEBLACK PARTRIDGE AVENUE STILL HILL DRIVERIDGEWAY TRAILPARKWAY DRIVEDOT STREET LCREST ROADACORN PATHCHELLINGTON DRIVE HERBERT ROADDEE DRIVEKNOB HILL R O A D PINE DRIVELARKSPUR DRIVEOAK ROADLUCY DRIVEROLLING LANEFRITZSCHE ROADALTON ROADCRYSTAL CIRCLEKINLEY BOULEVARDWISTERIA DRIVEROCKY BEACH ROADMIDDLESEX DRIVESPRUCE TERRACEKNOX DRIVEMYANG AVENUEGENE DRIVEWINDMERE LANEBALLINA LANELADD COURTBLOSSOM STREETLEXINGTON LANERIVERDALE ROADLAKEVIEW STREETAUGUSTA DRIVECHATHAM LANECLEARVIEW DRIVEYALE LANEAUBREY DRIVEOAKDALE AVENUEDEERWOOD DRIVEMAC ARTHUR DRIVEROUNDUP ROADHIDDEN OAK DRIVEHURON DRIVERACHEL DRIVEENFIELD DRIVEDELORE DRIVEBIRCH DRIVECLOE TRAILBEACH DRIVERED TAIL LANE SUSSEX D RI V E ILLINOIS S T R E E TMANITOU TRAILWIMBLETON TRAILROCKSPU R T R SWEET BAY DRIVEMURPHY DRIVETULIP CIRCLEWELLINGTON DRIVEFAWN GROVEKEENE AVENUEMARGARET COURTGRAND MEADOW LANESUNRISE VIEWOVERLAND ROADSCOTT AVENUEDAYTON STREETS EMERALD DRIVESTEUBEN ROADRIVER LANEROLLING ROADCOVE COURTBALSAM DRIVEHI LINE AVENUENEWPORT TRAILMILL STREAM DRIVEHILLCREST PLACENORTH AVENUESOUTH P ORT DRI V E FLANDERS ROADELLA LANEKRISTEN TRAILTRUMAN TRAILCRESTHILL AVENUEPRAIRIE TRAILWOODY TRAILCASHEL LANECRESTWOOD STREETOREGON TRAILE WOODLAND PARK AVENUEBARBARA LANESHORE LINE DRIVEO'SHEA COURTN VILLA LANELAUDERDALE COURTBODE LANEBLUE PINE DRIVEBROOK DRIVECOL. 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STREETNORTHAVENUEDARTMOUTH DRIVELINCOLN STREETNAVAJO TRAILEDGEWOOD COURT BEACH AVENUEMONROE STREETCHATHAM LA N E CONCORD DRIVEASH STREETLAKEVIEW DRIVEHIGHLA N D D R I V E CLOVER LANEJACKSON STREETWOODLAND LANECIRCLE DRIVEPHEASANT RUNOAK STREETLAKEWOOD ROADSPRING LANEVISTA TERRACEMCHENRYAVENUEINDIAN TRAILHILLTOP DRIVEPARK DRIVEVEOAK GROVE ROADILLINOIS ROUTE 120WAUKEGAN ROADFRONT STREETRAND RO AD ELM STREETSLOCU M L A K E R O A D RICHMOND ROADILLINOIS ROUTE 120ELM STREETWAUKEGAN STREETSHERMAN ROADGROVE STREETFAIRFAXDRIVEPLYMOUTH LANEGRLONG BEACH ROADLAKEWOOD ROADCHANNEL BEACH AVENUESUNSET AVENUEGRAND AVENUELAKE SHORE DRIVEHICKORY TERRACE2ND AVENUEJOHNSBURG ROADWOODLAND DRIVEWASHINGTON STREETMEADOWLANEVALLEY VIEW DRIVEBEACH AVENUEMCHENRY AVENUECHURCH STREETOAK COURTCIRCLE DRIVEHILLTOP DRIVEPOPLAR STREETGREEN STREETSPRUCE STREETBALLY ROADCENTER STREETBURTON ROADFAIRVIEW AVENUENORTH AVENUELAKEVIEW ROAD VALLEYDRIVECHARLOTTE AVENUEWESTERN AVENUEOAKSTREETHICKORY STREETSPRUCE TERRACEELDER L A N E WEDGEWOODTRAILHIGHLAND DRIVECAROLAVENUEKENILWORTH AVENUELILY LANENOT INCITYMCCULLOM LAKENOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT IN CITYNOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITYPARKLANDSCHOOLVALLEY VIEWSCHOOLRIVERWOODSCHOOLMcHENRYMIDDLESCHOOLHILLTOPSCHOOLMORAINE HILLSSTATE PARKMCCRACKEN FIELDEDGEBROOK SCHOOLCHAUNCEY H. DUKER SCHOOLWONDERLAKESHAMROCKFARMS PARKFOX RIDGEPARK POSTOFFICECOLD SPRINGSPARKN.I.M.C.McHENRY H.S.EASTKNOXPARKBOULDERCREEKPARKWHEELERPARK SWEENYPARKPETERSENPARK PETERSENHISTORICFARMVFW Residential Residential Dog Park Highway Commercial Mixed-Use Historic DowntownGagetownEnvironmental - Wetlands Historic DowntownCentervilleMixed-Use Mixed-Use Mixed-Use Historic DowntownWater FrontResidential Neighborhood Commercial REVISIONS1.2.3.4.#BY: DATE:DWN BY:CJPDSN BY:MACCHK BY:CJPINT:INT:INT:DATE:7-25-18PROJECT NO.170011HORIZ SCALE:1"=1300'VERT SCALE:-SHEET NO.1 OF 1OFFICIAL CITY OF McHENRYFUTURE LAND USE MAPMcHENRY, ILLINOISLEGENDBike PathsMCCD Prairie Path & Moraine HillsExisting Path - Off RoadFuture PathRiverwalkBull Valley Boundary (Exp. Aug. 2022)Bull Valley Boundary - ExceptionsBull Valley - PIQJohnsburg Boundary (Exp. Sept 2019)McCullom Boundary (Exp March 2022)McCullom Boundary - ExceptionRingwood Boundary (Exp Mar. 2019)Ringwood Boundary - 2Prairie Grove Boundary (Exp. Dec. 2023)Future Land UseClassificationAgriculturalEstate ResidentialLow Density ResidentialMedium-Density ResidentialHigh-Denisty ResidentialCommercialOfficeMunicipalInstitutionalBusiness ParkIndustrialIntegrated Design DistrictParks and Conservation AreaEnvironmental CorridorsWaterLoop PhasingPhase I - DowntownLand Use_downtownUseDog ParkEnvironmental - WetlandsHighway CommercialHistoric DowntownMixed-UseNeighborhood CommercialResidentialVFW1 inch = 1,300 feet1,000 0 1,000 2,000 3,000Feet±Official City of McHenry Future Land Use MapMcHenry, Illinoisrevised 2/6/2019McHenry Lakes Development Plan August 2023 6/46PIQ PAGE 6191 2.4 Aggregate Resources Map McHenry Lakes Development Plan August 2023 7/46192 2.5 City of McHenry Mining History, McHenry Sand & Gravel –West Pit Year Permitting Additional Years Total Years 1966 Opened in County 10 10 1976 Annexed to City No Term Limit No Term Limit 1988 Added Parcel B & C 20 20 1990 Added Parcel D 20 22 1998 Added Parcel E, Extension for B, C & D 20 32 2018 Extension for B, C & D 10 52 2028 Operation Close -62 62 Years of Pit Operations (1966 to 2028) McHenry Lakes Development Plan August 2023 8/46193 2.6 Proposed Development Comparisons Attribute Proposed McHenry Sand & Gravel Size Small Large Acreage 110 1,200 Term 20 62 Traffic East on IL Rt. 120 (Out of McHenry)East on IL Rt. 120 (Through downtown McHenry) Type Nearly All Underwater Above Grade McHenry Lakes Development Plan August 2023 9/46194 McHenry Lakes Development Plan August 202310/46SAND/GRAVEL LOCATIONS & HISTORY 5 615141312 91011 1 2 3 4 7 8LOCATIONS CLOSED PERNAMENTLY1. MEYER2. MERRYMAN3. TONYAN / S.A.4. SUPER AGGREGATES5. TONYAN6. PISTAKEE7. SUPER AGGREGATES8. MEYER9. HERKY10. FRAM11. RELIABLE12. ROAD MATERIALS13. BAKLEY14. D & Z15. MATERIAL SERVICE16. LAFARGE17. BIG FOOT18. BAKLEY19. HANSEN20. MEYER21. PAYNE & DOLAN22. SUPER AGGREGATESLOCATIONS CLOSING BY 2025 est.1. GAVERS2. HOLCIM3. SUPER AGGREGATESLOCATIONS REMAINING BEYOND 20251. SUPER AGGREGATES2. THELAN3. THELAN4. PLOTE5. SUPER AGGREGATES6. CONSOLIDATED7. HOLCIM8. BERGER17 1 2 318192021 4 5 6 2 1 3 7PIQ16 822REVISED 6/20/23195 3.1 Development Narrative Glaciers not only shaped the area’s landscape but also left behind deposits of sand and gravel resources. These finite resources are vital for public demand and the regional construction industry. Super Aggregates has become a leading supplier of these resources by developing a philosophy balancing public demand with adjacent property/environmental impacts. Super Aggregates balanced approach philosophy supports: i. Extraction is a temporary or interim land use. ii. Interim land use shall not adversely impact adjacent property. iii. Interim land use shall provide a compatible and harmonious environment. iv. Productive land reclamation. Long-term, comprehensive land use planning must be considered and integrated in contemporaneous reclamation and development plans. This Narrative for Proposed Development, supplements submitted plans and provides additional information, means and methods of the proposed extraction and reclamation/development plans. Ownership of Land The property is owned by Land Reserves, LLC, Jack Pease managing member. Super Aggregates is the mine operator and the main office is located at 5435 Bull Valley Road, Suite 330, McHenry, IL 60050. Phone: 815-385-8000, Jack Pease cell: 815-790-1293. Development Sequence Upon annexation to the City, Owner seeks subdivision plat approval for the subdivision of 2 Lots. Lot 1 being a commercial lot with C-5 zoning classification on property adjacent to Illinois Route 120. Construction of a commercial office/warehouse building are proposed on Lot 1. The remainder of the property, Lot 2, shall have permanent perimeter berms constructed along the East and West property lines to appear naturally occurring, seeded, tree plantings and shall be maintained weekly. Sand and gravel shall be removed forming a lake(s) feature. The Owner shall annex adjacent North 36-acre property to the City and develop the property pursuant to this narrative upon the Village of Lakemoor annexation agreement expiration and disconnection. Continued agriculture use shall occur on areas not mined and on contemporaneously reclaimed areas. Upon final reclamation, future waterfront property development shall commence. Minerals to be Mined The reserves mined from property are unconsolidated sand and gravel materials which do not require blasting. Mined materials are sorted, processed, and washed providing aggregate materials for use in the construction industry. Character and Composition of Vegetation and Wildlife on Land to be Affected Present land use for the property is row crop agricultural production. Other vegetation includes native grasses, foxtail, goldenrod, sumac, chokeberry, oaks, walnut, and black cherry. The main wildlife species include whitetail deer, turkey, raccoon, woodchuck, rabbit, coyote, red fox, sparrows, robins, squirrel, cardinals, and chickadee. The Illinois Department of Natural Resources (IDNR) indicates McHenry Lakes Development Plan August 2023 11/46196 records of the State-listed Blandings Turtle in the vicinity of the project area. Owner shall follow IDNR recommendations by educating on-site personnel and IDNR notification if species are encountered at the project site. Minerals to be Mined, The Nature, Depth, Proposed Disposition of the Overburden and Screening Predominant soil type is Fox silt loam. The overburden ranges from 1-2 feet in depth throughout the property. Overburden material shall be relocated on-site and used in screening berms and contemporaneous site reclamation/development. Processing operations view from IL Rt. 120 shall be screened by the development of the commercial lot adjacent to IL Rt. 120. Extraction and processing operations view from Chapel Hill Road and along East property line shall be screened by the construction of a 10’ high undulating, naturally occurring, landscaped berm planted with coniferous and deciduous trees. The landscaped berm shall be maintained weekly comparable to a golf course land feature and remain as on-site development continues. Other property lines shall have a temporary 10’high operations berm which shall be removed as reclamation occurs per phasing plan. The Estimated Depth to which the Mineral Deposit shall be Mined Reserves are estimated to be 45-50 feet in depth. Active mining operations shall not exceed 4-6 acres annually. Row crop agriculture shall continue in unaffected areas and contemporaneous reclamation shall minimize the area of disturbance. Borings have indicated reserves are found below the groundwater of the shallow aquifer. A water feature or lake(s) shall be constructed on the property with surrounding natural occurring, undulating topography. A 20’ wide safety shelf shall be constructed around lake perimeter for safe lake entry and exit. Proposed grades and lake configuration may vary due to the lateral and vertical reserve. Please refer to the Reclamation/Development Plan for proposed lake configuration. Estimated Type and Volume of Excavation Mineable sand and gravel reserves in the 100 Acre tract are estimated at 6.5 million tons. The Techniques and Equipment Proposed to be used, as Applicable, for; A. earth materials extraction. Initial extraction of the process area shall be completed to a depth of approximately 15 - 18’. Once the process area floor is established, continued extraction North of the process area shall continue below the water table until an area is created large enough to install a electric hydraulic dredge. Over the remaining project life, reserves shall be extracted using an electric hydraulic dredge that extracts below water material and pumps slurry material to the plant for processing. B. earth materials processing. Reserves are processed by a combination of screening, washing, and minor crushing of 5” minus materials. Equipment will consist of a feeder, land conveyors, screening plant, crushing plant, wash plant, stacking conveyors and a wheel loader. C. ready-mix plant. Not applicable. McHenry Lakes Development Plan August 2023 12/46197 D. asphalt and concrete recycling plant. Not applicable. Location of existing roads, anticipated access, and haulage roads planned to be used or constructed in conducting surface mining All traffic from Lot 1 and Lot 2 shall use an ingress/egress to IL Rt. 120. Estimated average traffic for Lot 2 shall be 50 trucks per day and most shall ingress/egress East bound on IL Rt. 120, without adding truck traffic through the City. The entrance shall be paved, maintained and swept on a as needed basis to remove loose gravel, reduce dust, and prevent track out. Please see Operations/Phasing Plan. Practices and methods proposed to be used to minimize noise, dust, air contaminants and vibration and to prevent pollution of surface or underground water Control methods and practices for the potential adverse effects of noise, dust, (glare, odor, waste disposal and blockage of light or air are not applicable), or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the proposed zoning district described below. Noise: Noise generated from the processing area 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”). On-site noise reduction measures shall occur by placing the processing area 15-18 feet below the existing ground elevation, located 300 feet North of Illinois Route 120. Noise generated from traffic on IL Rt. 120 shall overshadow noise generated from on-site operations. Additionally, on-site noise reduction measure shall be perimeter berm construction. Perimeter berms have superior noise-attenuating properties, serve as wind breaks, and screen the operation from view. Finally, continued row crop farming in areas not affected by mining shall aid in minimizing noise and aid in screening the operation. Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect all mining facilities to ensure the health and safety of all employees are maintained. Dust/Air Contaminants: Dust and air contaminants are minimal in wet mining operations. Monitoring requirements shall be in accordance with standards contained in the City Code, Chapter 18. Preventive dust and air contaminants measures include sweeping the paved access road and water application for on-site roads shall occur on a as needed basis. In the event, visible particulate matter emission is observed, it shall be governed by the regulations set forth in Illinois Administrative Code, Title 35: Environmental Protection: Subtitle B: Air Pollution: Chapter 1 Pollution Control Board, sections 212.301-316, Subpart K: Fugitive Particulate Matter. Additionally, particulate emission in wet mining operations do not exceed Illinois Environmental Protection Agency (IEPA) thresholds, therefore, this site shall not require a IEPA Lifetime Air Permit. The site shall be monitored by IEPA Air Emission -Registration of Smaller Sources (ROSS) program. Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect the facility to ensure the health and safety of all employees are maintained. Vibration: The sand/gravel reserve is unconsolidated in nature; therefore, no blasting mining techniques shall be used, resulting in vibration absence. Groundwater: McHenry Lakes Development Plan August 2023 13/46198 Groundwater flows generally from Northeast to the Southwest in the direction of the Fox River. Groundwater shall be monitored at two (2) on-site upgradient monitoring well and two (2) on-site down gradient monitoring wells located on the Operations/Phasing Plans. Groundwater quality levels shall be governed by parameters set forth under the McHenry County Groundwater Ordinance. Testing and analysis from these monitoring wells shall be conducted and submitted to the City Administrator quarterly until baseline quality parameters have been established. Once established, testing and analysis shall be submitted to the City Administrator annually. No above- ground storage tanks shall be utilized on the property. A Spill Prevention, Control and Containment Plan shall be on file with the City. The Method of Recycling Water used for Washing and Grading Water used for the processing operations is drawn from a series of ponds. The ponds constructed on- site include: a freshwater pond and 2 deposit ponds. Water used for the washing operation is pumped from the freshwater pond into the processing plant, washing the sand and gravel materials. Process plant water drains from the wash plant into the first deposit pond, allowing clay and silt materials to settle from suspension. Water from the first deposit pond, slowly flows into the second deposit pond allowing the remaining material to settle. As the fine materials settle out of suspension in the second deposit pond, the process water becomes clean water and flows back into the freshwater pond for reuse. This is a closed-circuit washing system with little or no loss of water. The Proposed Usage or Drainage of Excess Water All haul roads, stockpiles and operational areas shall be graded in such a manner as to direct any run- off into the primary pond resulting in an internally drained site. There is no off-site discharge of excess water. All other land not affected by mining operations is drained naturally by current topography, infiltration, and evaporation. Non-discharging stormwater sites shall hold a IEPA water pollution control permit upon extractive operations commencement. Ownership of Land Location and names of all streams, creeks, and bodies of water within lands to be affected. Not applicable. Drainage on and away from the lands to be affected, including directional flow of water, natural and artificial drain ways and waterways, and streams or tributaries receiving the discharge. The site is internally drained with no off-site discharge. Please see Operations/Phasing Plan. Proposed days and hours of operation of all excavation, processing, and operations on the property. The hours of operations shall be from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 2:00 p.m. Saturday. The picking up or shipping of materials and maintenance shall occur from 6:00 a.m. to 6:00 p.m. No operations including processing, loading and maintenance shall occur on Sundays or holidays. The Proposed Property Reclamation/Development Plan. The Owner shall file a reclamation/development plan for the property in accordance with applicable laws and regulations of the City of McHenry Ordinance. The construction of all berms, planting of vegetation and other landscaping features shall be commenced and completed prior active extractive McHenry Lakes Development Plan August 2023 14/46199 operations. Contemporaneous reclamation shall include subsoil and topsoil re-distribution and seeding with a vegetative cover per the Operations/Phasing Plan. Proposed development plans include the creation and appearance of a naturally occurring crystal clear water feature with surrounding undulating topography suitable for future development. Projected dates of commencement and completion of all excavation, mining, processing and reclamation operations on the property. Projected site improvements and processing area development is expected to commence upon City approvals. Mining commencement is 4/1/24 and site reclamation/development is projected to be complete by 12/31/39. Upon reclamation of phase 6, property development and road construction shall be based on market conditions and demand. McHenry Lakes Development Plan August 2023 15/46200 3.2 Projected Traffic & Sales Volume Average Truck Loads per Hour 5 Trucks Loads Average Daily Sales 50 Truck Loads Typical Load 22 Tons Tons per Day 1,100 Tons Days per Year 300 Days Annual Sales Volume 330,000 Tons A traffic study has been submitted by Patrick Engineering and accepted by Illinois Department of Transportation (IDOT). Full engineering plans by Manhard Consulting have been submitted and approved by IDOT and subsequent construction permit shall be issued upon municipal approval. McHenry Lakes Development Plan August 2023 16/46201 3.3 Projected Tax Revenue to the City of McHenry________________________________ Initial 20-Year Term: I. Property Tax Revenue (.61%): a. Extractive/Mining Assessment (400K Average Mining Assessment)16,265 b. 5 - Commercial Business Improvements (2.9M Average Value)589,260 II. Sales Tax Revenue (.75%) a. Aggregate Sales (6.5M Tons)243,750 b. 5 –Commercial Business (Average 1M/yr. Sales)750,000 III. Aggregate Royalty Fees (6.5M Tons)650,000 Initial 20-year Term Total 2,249,215 Ongoing Annual Revenue: I. Property Tax Revenue (.61%): a. 25 –Country Estates (415K Average Value)21,093 b. 5 - Commercial Business Improvements 29,463 II. Sales Tax Revenue (.75%) a. 5 –Commercial Business (Average 1M/yr. Sales)37,500 On-going Annual Revenue Total 88,056 McHenry Lakes Development Plan August 2023 17/46202 McHenry Lakes Development Plan August 202318/46203 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 7807707707 7 0 770 770770 77077077477277877677876477277677877676876 2774772 766 762 778 776 776 764 778 791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770 760 327 B153 A+323 D2327 B327 B327 BH-11H-12H-14H-9H-10H-6H-5H-2H-13H-1H-3H-4H-5H-8B-3B-2B-1C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EA1-AgricultureR3 -MultifamilyResidentialR1 -Single-familyResidentialR3 -MultifamilyResidentialB3 -GeneralBusinessA1-AgricultureB1 - NeighborhoodBusinessR1 -Single-familyResidentialR1 -Single-familyResidentialRS-1LOW-DENSITYSINGLEFAMILYRESIDENTIALRA-1ATTACHEDRESIDENTIALR1 -Single-familyResidentialWATER WAS FOUND AT 748.0*ON FEBRUARY 10, 2019*THIS ELEVATION MAY VARY BYSEASONMcHenry Lakes Development PlanAugust 202319/46204 113.38'S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 7807707707 7 0 770 770770 77077077477277877677876477277677877676876 2774772 766 762 778 776 776 764 778 791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770 760 327 B153 A+323 D2327 B327 B327 BC O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EPHASE1S 09°57'26" W 3 5 3 . 9 6 ' N 3 7 ° 1 8 ' 3 1 " E 3 8 5 . 0 1 'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK10.0' SIDE YARD SETBACK30.0' FRONT YARD SETBACKPHASE2PHASE3PHASE4PHASE5B E R M600.00'60 0 . 0 0 'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57'GROUND WATER FLOWLOT2P E R M A N E N T B E R M772774776B E R MB E R MB E R M P E R M A N E N T B E R MP E R M A N E N T B E R MB E R M B E R MMcHenry Lakes Development PlanAugust 202320/46205 113.38'S T A T E R O U770 77076 2774772 76623 C3153 A+770153 A+PHASE1N 3 7 ° 1 8 ' 3 1 " E 3 8 5 . 0 1 'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK30.0' FRONT YARD SETBACK600.00'60 0 . 0 0 'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57772774776 B E R MB E R M R MPART OF L O T 2McHenry Lakes Development PlanAugust 202321/46206 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:13:16:17707607707 6 0 770 760760 3:1770780760760770780790790780760770780780770 76 0 760770770 50 ACRE LAKE65' SETBACK BERM 10' HIGHLOT 2CCA A B B 770 780LOT 13:1 7606:17606:1 VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVI L L A G E O F L A K E M O O R 780790760770770DD3:1 772774776780790McHenry Lakes Development PlanAugust 202322/46207 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:13:16:177076077076 0 770 760760 3:1770780760760770780790790780760770780780770 76 0 760770770 50 ACRE LAKE65' SETBACK BERM 10' HIGHLOT 2CCA A B B 770 780LOT 13:1 7606:17606:1 VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVI L L A G E O F L A K E M O O R 780790760770770DD3:1772774776 780790McHenry County Standard Soil Erosion and Sediment Control Notes1. Control measures shall meet the minimum standards and specifications of the Illinois Urban Manual(www.aiswcd.org/IUM) unless stated otherwise.2. Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the developmentsite that are not to be disturbed shall be protected from construction traffic or other disturbance until finalstabilization is achieved.3. Soil stabilization measures shall consider the time of year, development site conditions and the use oftemporary or permanent measures.4. Stabilization by seeding shall include topsoil placement and fertilization, as necessary.5. Native seed mixtures shall include rapid-growing annual grasses or small grains to provide initial,temporary soil stabilization.6. Offsite property shall be protected from erosion and sedimentation. Velocity dissipation devices shall beplaced at concentrated discharge locations and alone the length of any outfall channel, as necessary.7. Sediment control measures shall be installed prior to the disturbance of tributary areas.8. Stabilization of disturbed areas shall be initiated immediately whenever any clearing, grading, excavationor other earth disturbing activities have permanently ceased on any portion of the development site, ortemporarily ceased on any portion of the development site and will not resume for a period exceeding 14calendar days. Stabilization of disturbed areas shall be initiated within 1 working day of permanent ortemporary cessation of earth disturbing activities and shall be completed as soon as possible, but no laterthan 14 calendar days from the initiation of stabilization work in an area. Exceptions to these time framesspecified below:A. Where the initiation of stabilization measures is precluded by snow cover, stabilization measures shallbe initiated as soon as practicable; andB. In areas where construction activity has temporarily ceased and will resume after 14 days, temporarystabilization method may be used.9. Disturbance of steep slopes shall be minimized. Areas or embankments having slopes steeper than 3:1shall be stabilized with staked in place sod, erosion control blanket in combination with seeding, or anequivalent control measure.10. Perimeter control measures shall be provided downslope and perpendicular to the flow or runoff fromdisturbed areas, where the tributary area is greater than 5,000 square feet, and where runoff will flow in asheer flow manner. Perimeter erosion control shall also be provided at the base of soil stockpiles.11. The stormwater management system shall be protected from erosion and sedimentation downslopefrom disturbed areas. Inlet protection that reduces sediment loading, while allowing runoff to enter theinlet shall be required for all storm sewers. Check dams, or an equivalent control measure, shall berequired for all channels. Filter fabric inlet protection and straw bale ditch checks are not acceptablecontrol measures.12. If dewatering services are used, discharges shall be routed through an effective sediment controlmeasures (e.g., sediment trap or an equivalent control measure). The Enforcement Officer shall be notifiedprior to the commencement of dewatering activities.13. All temporary soil erosion and sediment control measures shall be removed within 30 days after finalstabilization of the development site is achieved or after the temporary measures are no longer necessary.Trapped sediment shall be removed and disturbed areas shall be permanently stabilized.14. Stockpiled soil and materials shall be removed from flood hazard areas at the end of each workday. Soiland materials stockpiled in IWMC or buffer areas shall be placed on timber mats, or an equivalent controlmeasure.15. Effective control measures shall be utilized to minimize the discharge of pollutants from the developmentsite. At a minimum, control measures shall be implemented in order to:A. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, andother wash water; andB. Minimize the exposure of building materials, building products, construction wastes, trash, landscapematerials, fertilizers, pesticides, herbicides, detergents, vehicle fluids, sanitary waste, and othermaterials present on the development site to precipitation and to stormwater.16. Adequate receptacles shall be provided for the depositing of all construction material debris generatedduring the development process. The applicant shall not cause or permit the dumping, depositing,dropping, throwing, discarding or leaving of construction material debris upon or into any developmentsite, channel, or IWMC. The development site shall be maintained free of construction material debris.17. The Enforcement Officer may require additional or alternate soil erosion and sediment control measures,based on development site specific considerations and the effectiveness of the installed control measures.McHenry Lakes Development PlanAugust 202323/46208 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY TMTM MCHENRY LAKES BUSINESS PARK MCHENRY, ILLINOIS FINAL PLAT OF SUBDIVISIONMcHenry Lakes Development PlanAugust 202324/46209 ’“”“”“”’PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY TMTM MCHENRY LAKES BUSINESS PARK CITY OF MCHENRY FINAL PLAT OF SUBDIVISION ’’“”“”McHenry Lakes Development PlanAugust 202325/46210 McHenry Lakes Development Plan August 202326/46OPEN SPACERESIDENTIAL50 ACRE LAKEPROCESSINGOPERATIONS LOT 1 B5 PHASE 1PHASE 2PHASE 3 PHASE 4PHASE 5McHENRY LAKES PHASING PLANPHASE PROJECTED12022-202622026-203032030-203442034-203852038-204262042-2048IL ROUTE 120CHAPEL HILL ROAD BERM BERM PHASE 620 ACRE LAKELOT 2CITY OF McHENRY VILLAGE OF LAKEMOOR 211 3.12 Adjacent Lakemoor Property Development Plan McHenry Lakes Development Plan August 2023 27/46212 TYPICAL LANDSCAPED BERM SECTIONBERM NOTES:1. ALL SIDE SLOPES ARE NOT TO EXCEED 5:1 AND SHALL HAVE SILT FENCING ON SLOPES DRAING OFF SITE UNTIL VEGETATED.2. ALL AREAS TO BE SEEDED WITH SOD/GRASS MIXTURE IMMEDIATELY FOLLOWING CONSTRUCTION.3. PROPOSED 4’-6’SPRUCE TREES SHALL BE PLANTED 15’-20’APART TO PROVIDE ADDITIONAL SCREENING.4. BERMS SHALL BE MAINTAINED BY FREQUENT MOWING.LAKE LYONS AGGREGATEMINERAL EXTRACTION, OPERATIONS AND RECLAMATIONTOWN OF LYONS, WALWORTH COUNTY, WISCONSINRESTORATION CONDITIONAL USEWITHIN 100’BERM SETBACK ZONESTATE HIGHWAY 50 LANDSCAPED BERMREVISIONSDATEMcHenry Lakes Development Plan August 2023 28/46 650 600 550 500 450 400 350 300 250 200 150 100 50570620670720770820870920570620670720770820870920PROPOSED BERM - 776-778CHAPEL HILL RD. ROW - 770MAX. STOCK PILE HEIGHT - 8055:1 TYP.5:1 TYP.VEHICLE LINE OF SIGHT - 775PLANT SITE FLOOR ELEVATION - 7553/15/19E ON SLOPES DRAININGCHAPEL HILL ROADLANDSCAPED SCREENING BERM SECTIONMcHENRY TOWNSHIPMcHENRY, ILLINOISSUPER AGGREGATES - McHENRY LAKESSCATTERED TREE PLANTINGS OF PINE, CRAB AND SHADE TREES SHALL ENHANCE BERM APPEARANCE TO A UPSCALE RESIDENTIAL DEVELOPMENT.213 3.14 Proposed Berm Photos Dutch Creek Estates Residential Development, Johnsburg, IL McHenry Lakes Development Plan August 2023 29/46214 Dutch Creek Estates –Johnsburg Road McHenry Lakes Development Plan August 2023 30/46215 4.1 Development Project List Fox Development: A commercial and residential land developer. Recent developments: ¾Valley View Commons, McHenry, IL A Professional Office Condominium ¾Capital Court Commons, McHenry, IL A Professional Office/Warehouse Condominium ¾Ridgeview Commons, McHenry, IL A Professional Office/Warehouse Condominium ¾Dutch Creek Estates, Johnsburg, IL ¾Glacier Lake Estates, Richmond, IL ¾Preservation Oaks, Spring Grove, IL ¾Walnut Ridge, Spring Grove, IL ¾Ringwood Corporate Center, Ringwood, IL ¾Sager Corporate Park, Belvidere, IL ¾Jonathon Knolls, Wadsworth, IL ¾Eagle Ridge, Antioch, IL ¾Ivanhoe Golf Course, Ivanhoe, IL J. Pease Construction: A Regional site development and road building company in business for 50 years. Recent projects: ¾Menards ¾Super Walmart ¾Along with too many more to list ¾Woodman’s ¾Aldi Super Aggregates: Produces and delivers a complete line of aggregate products to the public including mason sand, concrete sand, asphalt sand MSE sand, #1 & #2 stone, road base, topsoil, and boulders. Recent projects supplied: ¾Buss Ford, McHenry ¾Super Walmart, Johnsburg ¾Meyer, McHenry ¾Centegra, McHenry ¾Walgreens, McHenry ¾McDonalds, McHenry ¾Fast Eddies, McHenry ¾Diamond Drive, McHenry ¾Shoppers Drive, McHenry ¾Route 12 Bridge Reconstruction ¾Numerous Homeowners and Farms ¾Elkhorn High School Addition ¾Elkhorn Well #9 and Tank ¾Lake Geneva Middle and High Schools ¾Bailey Estates, Williams Bay ¾Brooks School, Genoa City ¾Genoa City Streets Program ¾Dollar General, Genoa City ¾I94 Zoo Interchange ¾Super Truck Center, Genoa City ¾Otto Jacobs, Point Ready-Mix and Ozinga Concrete Plants Super Mix USA: Produces and delivers ready-mix concrete, places concrete and aggregates with conveyors and stone slingers. Super Truck Center, Genoa City WI: Serving the public, offering truck and bus body work, paint, automatic truck wash, frame straightening, complete line of truck parts and truck repair. McHenry Lakes Development Plan August 2023 31/46216 4.2 Aggregate and Development Photos As mining progresses, reclamation follows. Super Aggregates, Waterford, WI Facility McHenry Lakes Development Plan August 2023 32/46217 Reclaimed site seeded with prairie grass and planted evergreens. Super Aggregates, Waterford, WI. Facility McHenry Lakes Development Plan August 2023 33/46218 June 2020 Photo from Super Aggregates –Waterford, WI Facility McHenry Lakes Development Plan August 2023 34/46 219 Super Aggregates, Volo Facility, Volo, Illinois McHenry Lakes Development Plan August 2023 35/46220 Super Aggregates, Clear Lake Facility, Belvidere, IL McHenry Lakes Development Plan August 2023 36/46221 Current site and equipment. Super Aggregates, Burgett Lake Facility, Richmond, IL McHenry Lakes Development Plan August 2023 37/46222 Clear Lake Electric Dredge, Belvidere, IL Marengo Lakes Electric Dredge, Marengo, IL McHenry Lakes Development Plan August 2023 38/46223 Photos of Scale House and Monument Sign. Super Aggregates, Burgett Lake Facility, Richmond, IL McHenry Lakes Development Plan August 2023 39/46224 Former Super Aggregates, Nish Rd. Facility, Prairie Grove, Illinois McHenry Lakes Development Plan August 2023 40/46225 Dutch Creek Estates Residential Development, Johnsburg, IL McHenry Lakes Development Plan August 2023 41/46226 5.1 Conditional Use Approval Criteria (City of McHenry Zoning Ordinance - Table 31) Traffic All traffic for Lot 1 & Lot 2 shall use a paved ingress/egress road to IL Rt. 120. Estimated average traffic shall be 50 trucks per day and nearly all traffic from Lot 2 shall be East bound on IL Rt. 120, without adding truck traffic through the City. The entrance shall be paved, maintained, and swept on a as needed basis to remove loose gravel, reduce dust, and prevent track out. A Traffic Study and proposed truck traffic counts have been approved by IDOT. Please see Operations/Phasing Plan. Environmental Nuisance Control of the potential adverse effects of noise, dust, (glare, odor, waste disposal and blockage of light or air are not applicable), or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the proposed zoning district described below. Noise: Noise generated from the processing area 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”). On-site noise reduction measures shall occur by placing the electric powered hydraulic dredge and electric powered wet processing area 15-18 feet below the existing ground elevation, located 300 feet North of Illinois Route 120. Noise generated from traffic on IL Rt. 120 shall overshadow noise generated from on-site operations. Additionally, on-site noise reduction measures shall include perimeter berm construction. Perimeter berms have superior noise-attenuating properties, serve as wind breaks, and screen the operation from view. Finally, continued row crop farming in areas not affected by mining shall aid in minimizing noise and aid in screening the operation. Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect all mining facilities to ensure the health and safety of all employees are maintained. Dust/Air Contaminants: Dust and air contaminants are not present in wet mining and processing operations. Preventive dust and air contaminant measures for truck loading operations, include sweeping the paved access road and water application which shall occur on a as needed basis. In the event, emission of visible particulate matter is observed, operations shall cease until corrective actions are complete. Emissions shall be governed by the regulations set forth in Illinois Administrative Code, Title 35: Environmental Protection: Subtitle B: Air Pollution: Chapter 1 Pollution Control Board, sections 212.301-316, Subpart K: Fugitive Particulate Matter. Additionally, Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect the facility to ensure the health and safety of all employees are maintained. The site is also monitored by Illinois Environmental Protection Agency (IEPA) Air Emission -ROSS program. Vibration: The sand/gravel reserve is unconsolidated in nature; therefore, no blasting mining techniques shall be used, resulting in vibration absence. Groundwater: McHenry Lakes Development Plan August 2023 42/46227 Groundwater is not pumped or discharged off site, thereby not affecting groundwater elevations. Groundwater quality remains unchanged as no flocculants or other materials introduced into the aquifer. Groundwater passing under or through the property shall be monitored by two (2) on-site upgradient monitoring well and two (2) on-site down gradient monitoring well located on the Operations/Phasing Plans. Groundwater quality levels shall be governed by parameters set forth under the McHenry County Groundwater Ordinance. Testing and analysis from these monitoring wells shall be conducted and submitted to the City Administrator. Neighborhood Character –The proposed development for single family country estates including the appearance of natural undulating topography and lake shall fit harmoniously with the natural and man-made character of its surroundings and with Permitted Uses in the proposed underlying zoning district. The land use shall not have undue deleterious effect on the environmental quality, property values or neighborhood character already existing in the areas adjacent West and East. Public Services and Facilities –The proposed land use shall not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the proposed underlying district. Public services and facilities shall be extended to Lot 1 and Future development on Lot 2 shall rely on private well and septic systems. Public Safety and Health –The proposed land use shall not be detrimental to the safety or health of the employees, patrons or visitors associated with the use or of the general public in the vicinity. Other Factors –The proposed interim land use and proposed final development is compatible to surrounding land use. McHenry Lakes Development Plan August 2023 43/46228 5.2 Minimal Impact Summary ¾Location & Traffic Impact: Located on IL Rt. 120 at the City’s Eastern boundary, nearly all truck traffic shall travel East from the City. Super Aggregate locations average 50 loads per day (5 loads per hour). IDOT has reviewed, approved and made the determination the proposed will not adversely impact IL Route 120. ¾Compatibility and Adverse Impact Absence for Adjacent Property: o Commercial Lot development: ƒCommercial development of Lot 1, adjacent to IL Rt. 120, will provide a tax revenue source, screening, and compatibility in the IL Rt. 120 corridor. o Developer Standard landscaped perimeter berm: ƒLandscaped berm adjacent to affected property (Chapel Hill Rd. & East property line) shall be designed, constructed, and maintained to provide exceptional screening, noise and dust mitigation, providing minimal adjacent property impact. o Favorable Phasing Plan: ƒAny preconceived impact to adjacent East property is limited until final phase of upscale lakefront development. ¾Development Term: o Developer projects an initial 10-year term and one 5-year renewal, limiting the maximum project term to 15 years. ¾Environmental Considerations: o Noise: ƒIn addition to lowering the processing floor elevation 15-18’ and construction of 10’ landscaped berms, operational noise emission mitigation includes: (i) Grid electric powered wet processing plant and an electric powered hydraulic dredge. (ii) Diesel powered equipment limited to one rubber tire loader used to load trucks. Minimal operational noise emissions shall be inundated by existing traffic noise emissions from IL Rt. 120. o Dust: ƒIn addition to lowering the processing floor elevation 15-18’ and construction of 10’ landscaped berms, operational dust emission mitigation include: Nearly all extraction shall occur with an electric powered hydraulic dredge and complete wet processing process. On-site paved roadways shall contain all truck traffic. The above-mentioned techniques eliminate any potential dust source or emission. Summary: ƒMinimal West bound truck traffic through the City of McHenry. ƒDevelopment is short- term without expansion or extension projections. ƒAdjacent property shall not experience environmental affects including noise or dust. McHenry Lakes Development Plan August 2023 44/46229 5.3 Petition Request Rationale ¾Interim Mining term to achieve Property Development ¾Fulfill Public Demand for Aggregate Material ¾Create New Tax Revenues ¾Minimal Environmental and Adjacent Property Impact ¾Commercial and Upscale Lakefront Development in the City of McHenry Property Development, containing an interim mining Conditional Use, shall be granted to a Company that has a proven history and a future commitment. McHenry Lakes Development Plan August 2023 45/46230 [ THIS PAGE INTENTIONALLY LEFT BLANK] McHenry Lakes Development Plan August 2023 46/46231