HomeMy WebLinkAboutOrdinances - O-88-451 - 05/04/1988 - EXTEND MCH SAND AND GRAVEL ANNEX AGMT* 6-
ORDINANCE NO. 0-88-451
AN ORDINANCE PROVIDING FOR THE EXTENSION OF A CER
ANNEXATION AGREEMENT )3ETWEEN THE CITY OF McHENRY bi
LaSALLE NATIONAL BANK, AS TRUSTEE UNDER THE PROVISIC
OF A TRUST AGREEMENT DATED DECEMBER 26, 1968, AND
KNOWN AS TRUST NO. 38545, W. BOYD CHRISTENSEN
AND JEAN C. CHRISTENSEN, HIS WIFE
APR 2 21988
WHEREAS, McHENRY SAND AND GRAVEL COMPANY, INC. is the
owner of record of the following -described real estate:
OF WHENRY
The South Half of the South Half of Section 29 (excepting
the South Half of the Southeast Quarter of Section 29;
ALSO: excepting that part of the South Half of the
Southwest Quarter of Section 29, described as follows:
Beginning at the Northeast Corner of the South Half of
the Southwest Quarter of Section 29 and running thence
West on the North line thereof for a distance of 925 feet
to a point; thence South at right angles to the last
described line, at the last described point, for a
distance of 400 feet to a point; thence Southeasterly on
a line forming an angle of 30 degrees and 30 minutes to
the left with a prolongation of the last described line,
at the last described point, for a distance of 285 feet
to a point; thence Southeasterly in a straight and direct
line to a point on a line drawn 425 feet West of and
parallel to the East line of the South Half of the
Southwest Quarter of said Section 29, said point also
being510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of
250.03 feet to a point; thence Southwesterly in a
straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line
475 feet West of and parallel to the East line of the
South Half of the Southwest Quarter of said Section 29;
thence South on the last mentioned parallel line for a
distance of 200.02 feet to the South line thereof; thence -
East on said South line to the Southeast corner of the
Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), and the East Half of the
Southeast Quarter of Section 30 all in Township 45 North,
Range g East of the Third Principal Meridian, in McHenry
County, Illinois.
WHEREAS, the then owners of record of the above -described
premises and the City of McHenry previously entered into an
Annexation Agreement dated October 17, 1977; and
-J:f83$ A-V13o87
WHEREAS,, it is in the best interests of the City of
McHenry and the current owner of record of the above -described
premises that said Annexation Agreement be extended for an
additional term.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section I. That the First Amendment to the Annexation
Agreement bearing date October 17, 1977, by and between the
City of McHenry, McHenry County, Illinois, LaSALLE NATIONAL
BANK, as Trustee under the provisions of a Trust Agreement
dated December 26, 1968, and known as Trust No. 38545, W.
BOYD CHRISTENSEN and JEAN C. CHRISTENSEN, his wife, be and
the same is hereby approved; THAT A COPY OF SAID First
Amendment to the Annexation Agreement is attached hereto as
Exhibit "l", and that the Mayor and City Clerk be and they
are hereby authorized and directed to sign and attest the
Amendment to Annexation Agreement.
Section II. In the event the terms of the First Amendment
to the Annexation Agreement are challenged in any Court, the
owners of said real estate, their successors and assigns,
shall indemnify and hold the City, its officers, servants,
attorneys, agents, and employees harmless from any and all
expenses of litigation, including but not limited to attorney
and witness fees and deposition costs, and all obligations
and liabilities that may be imposed upon or against them by
any court proceedings. The tolling of time during which such
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litigation is pending shall not be included in the
calculation of said twenty (20) year term and shall only
include litigation pending in State Courts."
Section III. This Ordinance shall be known as Ordinance
No. 0-88-45land shall be in full force and effect for a
twenty (20) year period commencing on the date hereof.
PASSED by a two-thirds majority of the CORPORATE
AUTHORITIES of the City of McHenry, McHenry County, Illinois,
this 4th _ day of May , 1988.
AYES: Bolger, Lieder, McClatchey, Patterson, Nolan, Serritella, Smith, Teta
NAYES : None
ABSTAINING: None
ABSENT: None
APPROVED THIS 4th DAY OF May , 1988.
Mayor
ATTEST:
City Clerk
8474R
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EXHIBIT NO. 1
.FIRST AMENDMENT TO ANNEXATION AGREEMENT
THIS FIRST AMENDMENT dated the 4th day of May r
1988, to that certain agreement made and entered into on the
17th day of October, 1977, by and between the CITY OF McHENRY,
a Municipal Corporation in the State of Illinois (hereinafter
referred to as "CITY"), by and through its Mayor and members of
the City Council (hereinafter referred to collectively as
"CORPORATE AUTHORITIES"), and LaSALLE NATIONAL BANK, as Trustee
under the provisions of a Trust Agreement dated December 26,
1968, and known as Trust No. 38545, W. BOYD CHRISTENSEN and
JEAN C. CHRISTENSEN, his wife.
W I T N E S S E T H:
WHEREAS, McHENRY SAND & GRAVEL COMPANY, INC., a Delaware
Corporation, (hereinafter referred to as "OWNER") is the record
owner of the following described parcel:
The South Half of the South Half of Section 29 (excepting
the South Half of the Southeast Quarter of Section 29;
ALSO: excepting that part of the South Half of the
Southwest Quarter of Section 29, described as follows:
Beginning at the Northeast Corner of the South Half of
the Southwest Quarter of Section 29 and running thence
West on the North line thereof for a distance of 925 feet
to a point; thence South at right angles to the last
described line, at the last described point, for a
distance of 400 feet to a point; thence Southeasterly on
a line forming an angle of 30 degrees and 30 minutes to
the left with a prolongation of the last described line,
at the last described point, for a distance of 285 feet
to a point; thence Southeasterly in a straight and direct
line to a point on a line drawn 425 feet West of and
parallel to the East line of the South Half of the
Southwest Quarter of said Section 29, said point also
being 510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of
250.03 feet to a point; thence Southwesterly in a
straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line
475 feet West of and parallel to the East line of the
South Half of the Southwest Quarter of said Section 29;
thence South on the last mentioned parallel line for a
distance of 200.02 feet to the South line thereof; thence
East on said South line to the Southeast corner of the
Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), and the East Half of the
Southeast Quarter of Section 30 all in Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry
County, Illinois.
WHEREAS, the previous owners of the above -described
premises did, on the 17th day of October, 1977, enter into an
Annexation Agreement with the CITY; and
WHEREAS„ the present owner, McHENRY SAND & GRAVEL
COMPANY, INC., has filed a Petition with the City Clerk
requesting <an amendment of said Annexation Agreement
providing for the extension of the term thereof, zoning
changes and other relief; and
WHEREAS, it is in the best interests of OWNER and CITY to
extend said Annexation Agreement, to change the zoning of
said premises and to amend said Annexation Agreement as
hereinafter set forth; and
WHEREAS, pursuant to notices as required by the City of
McHenry Zoning Ordinance, a public hearing was held before
the City of McHenry Zoning Board of Appeals on the requested
zoning reclassification of said parcel, and the
recommendation made by the Zoning Board of Appeals was
submitted to the CORPORATE AUTHORITIES.
FOR ANI) IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE CITY AND MCHENRY SAND & GRAVEL COMPANY,
INC., AGREE AS FOLLOWS:
1. This Agreement is made pursuant to and in compliance
with the provisions of Section 11-15.1-1, et seq. of the
EPA
Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes) relating to Annexation Agreements; that all of the
publication, notice, and other requirements of the Illinois
Revised Statutes relating to the annexation of territory have
been complied with.
2. This Agreement is entered into after public hearings
before the CORPORATE AUTHORITIES, the Plan Commission of the
City of McHenry, and the Zoning Board of Appeals of the City
of McHenry .in accordance with the provisions of the aforesaid
statutes of the State of Illinois and the City of McHenry
Zoning Ordinance.
3. That the purpose of this First Amendment to the
Annexation Agreement is to provide for the amendment of the
Annexation Agreement entered into on October 17, 1977, by the
CITY and the OWNERS.
4. The CORPORATE AUTHORITIES, upon execution of this
Amendment will enact an Ordinance or Ordinances amending the
and Comprehensive Land Use Map
City of McHenry Zoning Ordinance/so as to provide that the
zoning of the following described parcel be classified
"RS-1", Single -Family Residential District and "A-M,"
Agricultural & Mining Overlay District, and that the said
premises be granted a Conditional Use in the Agricultural &
Mining Overlay District to permit the extraction of sand,
gravel, and other earth materials (processing of said
materials thereon is prohibited):
The South Half of the South Half of Section 29 (excepting
the South Half of the Southeast Quarter of Section 29;
ALSO: excepting that part of the South Half of the
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Southwest Quarter of Section 29, described as follows:
Beginning at the Northeast Corner of the South Half of
the Southwest QuarterofSection 29 and running thence
West on the North line thereof for a distance of 925 feet
to a point; thence South at right angles to the last
described line, at the last described point, for a
distance of 400 feet to a point; thence Southeasterly on
a line forming an angle of 30 degrees and 30 minutes to
the left with a prolongation of the last described line,
at the last described point, for a distance of 285 feet
to a point; thence Southeasterly in a straight and direct
line to a point on a line drawn 425 feet West of and
parallel to the East line of the South Half of the
Southwest Quarter of said Section 29, said point also
being 510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of
250.03 feet to a point; thence Southwesterly in a
straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line
475 feet West of and parallel to the East line of the
South Half of the Southwest Quarter of said Section 29;
thence South on the last mentioned parallel line for a
distance of 200.02 feet to the South line thereof; thence
East on said South line to the Southeast corner of the
Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), and the East Half of the
Southeast Quarter of Section 30 all in Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry
County, Illinois.
Excluded from the aforesaid "A-M", Agricultural and
Mining Overlay District classification and conditional use is
that portion of the above premises which are to be conveyed
to WOOD CREEK HOMEOWNERS ASSOCIATION pursuant to Paragraph 11
of this Agreement and which is described as follows:
That part of the South Half of the Southwest Quarter of
Section 29, described as follows: Commencing at the
Northeast Corner of the South Half of the Southwest
Quarter of Section 29 and running thence West on the
North line thereof for a distance of 925 feet for a place
of beginning; thence South at right angles to the last
described line, at the last described point, for a
distance of 400 feet to a point; thence Southeasterly on
a line forming an angle of 30 degrees and 30 minutes to
the left with a prolongation of the last described line,
at the last described point, for a distance of 285 feet
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to a point; thence Southeasterly in a straight and direct
line to a point on a line drawn 425 feet West of and
parallel_ to the East line of the South Half of the
Southwest Quarter of said Section 29, said point also
being 51-0 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of
250.03 feet to a point; thence Southwesterly in a
straight: and direct line to a point which is 200.02 feet
North of_ the South line thereof and also being on a line
475 feet: West of and parallel to the East line of the
South Half of the Southwest Quarter of said Section 29;
thence South on the last mentioned parallel line for a
distance of 200.02 feet to the South line thereof; thence
West on said South line, a distance of 200.01 feet to the
intersection with a line drawn 675 feet West of and
parallel with the East line of the South Half of the
Southwest Quarter of said Section 29; thence Northerly
along the last described parallel line, a distance of
146.47 feet; thence Northwesterly along a line forming an
angle of 31 degrees, 39 minutes, 16 seconds to the right
with a prolongation of the last described line, a
distance of 981.75 feet; thence Northerly along a line
forming an angle of 31 degrees, 41 minutes, 26 seconds to
the right with a prolongation of the last described line,
a distance of 332.15 feet, to the Northerly line of the
South Half of the Southwest Quarter of said Section 29;
thence :Easterly along said Northerly line, a distance of
265.24 feet, to the point of beginning, in McHenry
County, Illinois.
5. This Agreement shall be binding on the parties
hereto, their respective successors, grantees, or assigns for
an initial term of ten (10) years, commencing on the date
hereof, with an automatic extension for an additional ten
(10) year term providing, however, that there are no
substantial or recurring violations of this Agreement, of
Federal or State mining, environmental and reclamation laws
or regulations or of the City of McHenry Zoning Ordinance
during the initial ten (10) year term.
The OWNER shall request the Department of Mines and
Minerals, Land Reclamation Division, of the State of
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Illinois, and any and all other agencies that may be
necessary or appropriate,,to furnish directly to the City of
McHenry the following Department or Agency materials and
information relating to the OWNER'S operations on the
aforesaid premises on a current and ongoing basis throughout
the time that any operations are being conducted thereon
pursuant to the Conditional Use Permit granted by the City of
McHenry hereunder to the OWNERS:
Notice of statutory or regulatory violations
Notice of intent to revoke any bond
Inspection reports
Reports regarding reclamation
Annual aerial photography of the premises
Stop work orders
Complaints or other pleadings involving Department
or Illinois Environmental Protection Agency actions
or proceedings against OWNERS' operations
The foregoing material and information may be considered
by the CITY in determining whether or not there has been any
substantial or recurring violation of the conditions of the
variance hereby granted during the initial ten (10) year term
of the conditional use which would warrant a revocation by
the CITY of the "automatic" subsequent ten (10) year term of
said Conditional Use Permit or any other action pursuant to
this Agreement or under any of the CITY Ordinances.
Representatives of the CITY may enter upon the real
estate where such conditional use operations are being
conducted at all reasonable times for the purpose of
inspection to determine whether or not the provisions of the
Zoning Ordinance of the City of McHenry, of the aforesaid
Reclamation Plan, and of this Agreement have been complied
with.
6. The OWNERS will extract sand and gravel and other
earth materials from the premises that are zoned "A-M",
Agricultural and Mining Overlay District hereunder in ten
(10) separate geographical phases, the areas for which are
depicted in the OWNER'S Operation Plan in the attached
Exhibit "A" by Roman numerals I through X inclusive. The
geographical phases will be excavated only in consecutive
Roman numeral order and consecutive sequence numbers. After
each phase is excavated and Petitioners commence to excavate
the next phase, the phase just completed will undergo a
reclamation and restoration process to bring it to a
condition suitable for crop farming within eleven (11) months
after the commencement of excavation operations on the next
phase, and the reclamation and restoration will be completed
according to the Reclamation Plan which is attached hereto as
Exhibit "A" within a maximum period of three (3) years after
the commencement of excavation on the said next phase.
7. McHENRY SAND & GRAVEL will post with the CITY the
required bond for each phase currently being excavated and
for the two phases beyond that which is presently being
excavated. The ten (10) geographical phases of development
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are depicted and described on the attached Exhibit "A". Each
time that excavation is commenced in a new phase, the amount
of the bond shall be recalculated on the basis of the
ordinance requirements then in effect.
8. It is agreed and understood by the parties hereto
that time is of the essence of this Agreement and that all
parties will make every reasonable effort, including the
calling of special meetings, to expedite the subject matters
hereof; it is further understood by the parties that the
successful consummation of this Amendment requires their
continued cooperation.
9. It is agreed by the parties that the Standards for
Operations found in Chapter XIII, Section B, pages 333-336 of
the City of McHenry Zoning Ordinance as amended December 22,
1986, (which pages are attached hereto as Exhibit "B") shall
regulate the OWNERS' activities and the operations on the
premises during the 20 year term of this Agreement, and the
provisions contained therein shall not be altered or amended
as they apply to the premises in question.
10. This Agreement shall be binding upon the parties
hereto, their respective successors, grantees, or assigns for
a full term of twenty (20) years as herein provided
commencing as of the date hereof as provided by statute and
to the extent permitted thereby it is agreed that, in the
event the annexation of the OWNER'S real estate or the terms
of the Annexation Agreement or this Amendment are challenged
in any Court, the period of time during which such litigation
is pending shall not be ipcluded in the calculation of said
twenty (20) year term. It is agreed by the parties that the
tolling of the time during which such litigation is pending
shall only include litigation pending in state courts. In
the event any litigation is brought against the CITY
pertaining to this Agreement or the terms thereof, OWNER will
pay, upon demand by the CITY, all expenses in connection
therewith, costs, including, but not limited to, attorney's
fees, witness fees, deposition expenses, judgments, etc.
11. OWNER will convey to WOOD CREEK HOMEOWNERS
ASSOCIATION, by warranty deed, that portion of the premises
described in paragraph 4 hereof which are excluded from the
"A-M", Agricultural and Mining Overlay District classification
and Conditional Use.
The aforesaid warranty deed from OWNER to the Association
shall contain the following provision: "Provided this
conveyance is made upon the express conditions that (1) the
grantee herein shall never convey or otherwise dispose of
said real estate to anyone other than the City of McHenry,
Illinois, and (2) upon the dissolution or bankruptcy of the
grantee, title to said premises shall immediately revert to
and vest in the City of McHenry, Illinois."
In the event the WOOD CREEK HOMEOWNERS ASSOCIATION
dissolves or is declared bankrupt, the premises conveyed to
WE
the ASSOCIATION shall automatically revert to and vest in the
City of McHenry to be used for public purposes.
12. Notwithstanding the twenty (20) year term of this
Agreement, the OWNER agrees that, in consideration of the
benefits conferred upon them by this Agreement, McHENRY SAND
& GRAVEL shall pay to the CITY an annexation fee which shall
be payable in monthly installments. The first monthly
installment shall be due and payable on May 15, 1988, and
each subsequent monthly installment shall be due and payable
on the fifteenth day of each month thereafter until the final
termination of the aforesaid Conditional Use Permit
operations.
Each of said monthly installments shall be calculated by
multiplying the number of tons transported during the
preceding calendar month from the annexed property for
purposes of sale by the rate per ton hereinafter designated
for such month as follows:
April 1, 1988 to March 31, 1993 inclusive
April 1, 1993 to March 31, 1998 inclusive
April 1, 1998 to March 31, 2003 inclusive
April 1, 2003 to March 31, 2008 inclusive
April 1, 2008 to March 31, 2013 inclusive
April 1, 2013 until termination of
Conditional. Use Permit operations
2 cents
per
ton
2-1/2 cents
per ton
3 cents
per
ton
4 cents
per
ton
5 cents
per
ton
6 cents
per
ton
At the time the aforesaid monthly installments are paid to
the CITY, McHENRY SAND & GRAVEL shall furnish the CITY with
duplicate copies of its monthly computer printouts setting
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forth the amount of sand, gravel, and other earth materials
transported from the premises for purposes of sale. Annually,
the records of McHENRY SAND & GRAVEL for the preceding twelve
(12) month period from April 1 through March 31 shall be
examined by its Certified Public Accountant who shall thereupon
furnish the CITY with a written report of the total number of
tons of such materials from the premises that were sold during
such period.
13. This Agreement shall be enforceable only in a State
Court of competent jurisdiction by any of the parties or by an
appropriate action at law or in equity to secure the
performance of the covenants and agreements herein contained.
It is the intention of the parties hereto that no action at law
or in equity may ever be filed by them in any Federal Court in
connection with this Agreement.
14. The covenants and agreements contained herein shall be
deemed to be covenants running with the land and shall inure to
the benefit of and be binding upon the heirs, successors and
assigns of the parties, including the CITY, its Corporate
Authorities and their successors in office.
IN WITNESS WHEREOF the CORPORATE AUTHORITIES and the OWNER
have hereunto set their hands and seals and have caused this
instrument to be executed by their duly authorized officials
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and the corporate seal attached thereto, all on the day and
year first written above.,
ATTEST:
City Clerk
( SEAL)
CITY OF Mc EN
BY:
Its Mayor
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McHENRY SAND & GRAVEL CO.,
INC
9M
AT T:
Its
(SEAL)
STATE OF ILLINOIS)
)SS
COUNTY OF McHENRY)
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that ( V,7A �,�i ;7% c
and
persona-lly known to me to be
the ,, -"-z 9,J- and •
respectively of McHENRY SAND & GRAVEL POMPANY, INC., a
Delaware Corporation, and personally known to me to be the
same persons whose names are subscribed to the foregoing
instrument appeared before me this day in person and
severally acknowledged that as such and
of said corporation, they signed and
delivered ;the said instrument and that the .Z t"l
caused the corporate seal of the corporation to be affixed
thereto, pursuant to authority given by the Board of
Directors of said corporation as their free and voluntary act
and as the free and voluntary act and deed of said
corporation for the uses and purposes therein set forth.
Commission Expires:
8472R
Notary Public
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RECLAMATION PLAN
WEST QUARRY
OPERATION
McHENRY SAND AND GRAVEL COMPANY
McHENRY, ILLINOIS
OCTOBER, 1987
ASSOCIATED PLANNERS, 211 DEAN ST. P.O. BOX 988, WOODSTOCK, IL 00098
Robert D. Grossman, A,ICP 815-337-0098
October 28, 1987
INTRODUCTION
McHenry Sand and Gravel's West Quarry Operation is located on
the south side of State Route 120 at the western edge of the
City of McHenry. The total site area contains more than 500
acres which are divided between the quarry operation and an
industrial :subdivision. Much of this site is already annexed
to the City of McHenry, with the eastern portion of the site
zoned 11-v (Heavy Industry with a variation for the quarry
operation. Existing industrial buildings are located on the
eastern portion of the site, adjacent to the retention -deten-
tion ponds near Draper Road. At this time all processing
operations are located in the original quarry area, at least
750 feet from all property lines.
Quarrying operations have been active on this site for the
last forty ,ears. Initial mining operations were located on
the property to the south, which was alternatingly used by
the County and City. These glacial deposits were the key ele-
ment in the founding of McHenry Sand and Gravel Company.
Mining operations originated on the eastern edge of this site
and have progressed to the west. All mining operations are
carried out using front end loaders which dig into the oper-
ating face of the quarry, carry the material to a conveyor
system which moves the material to the processing plant. At
the plant, materials are sorted, crushed and washed, prior to
grading and stockpiling. These materials are glacial deposits
which resulted when the ice sheet melted, depositing sand and
gravel in domes and ridges (kames and eskers). At this site
the sand and gravel deposits are located on top of a thick
blue clay zone which forms the floor of the mining operation.
This plan proposes to continue mining operations on the west
400 acres of the site: south and west of Valley View School.
At the end of Phase II, a new processing plant will be built
at the far northwest corner of the site, near Route 120. This
will remove the mining operations from the present site,
allowing for the development of the eastern area for industrial
purposes. Mining operations are proposed to continue for the
next thirty to forty years on the western portion of the
property.
GOALS AND OBJECTIVES OF THE PLAN
1. To produce the grestest amount of sand and gravel consis-
tent with good reclamation practices.
2. To operate the mineral extraction process in an efficient
and economical manner.
3. To restore the site to a condition which meets reclama-
tion standards of the City of McHenry and the State of
Illinois.
This plan is designed to achieve these goals in a series of
phases as mineral extraction operations continue to the west.
At the same time, reclamation of the perimeter slopes will be
accomplished in accordance with provisions of the City of
McHenry Zoning Ordinance: Section XIII Surface Mining.
Illinois Statutes require that mineral extraction operations
must conform to requirements of the Surface Mined Conservation
and Reclamation Act of July 1, 1975. The reclamation act
permits slopes of up to 30 percent: a 30 foot vertical rise
in a 100 foot horizontal distance. Trees and shrubs are
required to stabalize slopes of 15 to 30 percent. All slopes
of less than 15 percent may be stabalized with grasses and
ligumes or forb ( non -grasslike herb 1. This plan is designed
to meet these standards and the standards of the City of McHenry.
Eight exhibits have been prepared to illustrate the mining
operation and reclamation process. These are:
1. Aerial Photograph
Showing the proposed quarry and surrounding areas.
(See frontispiece)
2. Topography
h
Illustrating existing site
foot intervals. Vegetation
shown.
3. Crossections
topographic features at two
and wooded areas are also
Based upon borings taken throughout the site, three
crossections are shown indicating: overburden, depth
of materials above and below water and the blue clay
base of the quarry.
4. Operations Plan
Illustrates the Phases and sequence of quarrying operations.
Ten phases are divided into twenty working areas.
-2-
5. Reclamation Plan
Based on the operations plan, the sequence of reclamation
work and reclamati'bn program are diagramed.
6. Reclamation Detail
Provides berm details and identifies the combination
of plant materials for the slopes and safety. A detailed
list is provided.
7. Reclamation Crossections
Illustrating those crossections through the property:
(one N-S, north -south, and two E-W, east -west). Cros-
sections show the un-mined portions of the property in
its existing state and then with proposed mining and
_reclamation slopes. An over-all detailed drawing of
the reclamation areas is also provided.
8. Entrance Detail
Based upon State of Illinois Highway Department require-
ments and standards of the City of McHenry, the new
entrance to the quarry is detailed to show: former
property ownership, entrance road and restored slopes
and the road crossection.
Existing Land Use
Existing buildings and features are shown on the photograph
which is used as the frontispiece of this report. This
photograph, dated 2/11/84, was used in the preparation of the
topographic maps. Coverage shows the site and surrounding areas
within one -;half mile of the processing plant and most of the
developed area to the east.
North of State Route 120 residential areas are the principal
land use. These include single family homes on large tracts,
farm houses and single family subdivisions (Brittany Heights,
West Shores Beach and Martins Woods). Two day care nursery
schools are located north of the site, one on State Route 120
and the other on Ringwood Road. Parkland Junior High School
is located east of Ringwood Road, north of Route 120.
South of State Route 120 the original quarry operation is
the major land use activity in the area. South of the quarry
single family homes on large lots are found along Draper Road
and in three subdivisions; Glacier Ridge, Wood Creek and
Oak Ridge Estates. Farms are located to the west of these
subdivisions. Valley View School is located on a twenty acre
site approximately 1800 feet from the present processing plant.
-3-
This elementary school is located adjacent to quarry lands
on the east side of the school. A farmsted and stable are
located west and south of the school. At this time, the area
used for grazing and barns is now being quarried.
Land areas are shown on the aerial photograph Exhibit 1 used as
the frontispiece of this report. Areas outlined in red were
previously owned by McHenry Sand and Gravel and were in the
City Limits. Areas outlined in yellow are a recent acquisition
of McHenry Sand and Gravel and are also annexed to the City.
The areas outlined in blue (the Eppel Farms) are proposed for
annexation. All areas outlined in blue and yellow are a part
of the areas to be quarried. Areas to the west and southwest
are currently farmed.
Conservation Plan
Existing conditions are illustrated on Plates 1. and 2. The
topographic map illustrates how the site naturally slopes to
the east and west. The working_face of the quarry is located
southwest of Valley View School.
Drainage patterns follow the existing topography. All water
used in the processing operation is run through a series of
settling ponds and is then recycled. A new pond is now being
developed to bring the settling ponds closer to the processing
plant.
Existing vegetation is of three types: hedge rows of trees and
shrubs, large tree masses in the Oak -Hickory association and
weedy grasses and forbes. Woodlands are primarily located in
the center of the site to be quarried, see Exhibit 2. Hedge
rows are found along the west and south property lines of
Valley View School. All areas shown as woodlands or hedge
rows on the Topographic Map are proposed to be retained and
preserved as part of the Conservation Plan. This includes a
ten acre wooded area adjacent to Glacier Ridge and a 200 foot
easement along the east property line adjacent to Glacier
Ridge and Wood Creek Subdivisions.
Earth berms are located along the State Route 120 frontage and
west of Valley View School. When appropriate, berms will be
placed adjacent to the school site property lines. These berms
will be used to stock pile top soil and ultimately will be
used for final dressing of the reclamation slopes. Ultimately,
berms will be constructed around the woods and on the easement
to buffer the two subdivisions. Other overburden storage areas
may be required. To the southwest, where Glacier Ridge
Subdivision. will be adjacent to the site, a large earthen berm
ten to twenty feet above the natural eleirations has been
-4-
WEST OPERATON TOPOGRAPHY
• iA 1"T f L) i L 4,r," 1 t
constructed to serve as a buffer for the residential areas
to the sough. At the eastern edge this berm will be approx-
imately 50 feet high. All berms will be constructed with a one-
to-one (ten feet high ands ten feet wide) exterior face and a
two -to -one interior face (ten feet high and twenty feet wide.
The west and south property lines abut farm lands and are
buffered by hedge rows, therefore a berm is not required in
this location, although some overburden storage may be required.
Crossections
Fourteen new borings were taken to determine the extent of
quarriable materials. Crossections indicating the borings
are shown on Exhibit 3. East -west crossections are located
along a red line through the north area which is located by
extending the south line of Valley View School west and along
a green line through the south area which is an extention.,of
the property line between Glacier Ridge and Wood Creek Sub-
divisions to the west. The north -south crossection is
centerally located on a yellow line. The AA crossection (red)
is shown at the top of the exhibit. The BB crossection (yellow)
is shown to the right and the CC crossection Igreen) is shown
at the bottom.
Four types of information are shown for each boring: (1) depth
of overburden (btown) , (2) depth of material above water (tan) ,
(3) depth of material below water (blue) , and (4) hard blue
clay base of the quarry (gray).
Please note that the scale of these crossections is distorted
in the vertical dimension. The horizontal scale is 1" = 200'
and the vertical scale is 1" = 1001. This distortion provides
a graphic dimension which allows greater detail to be shown
in the illustration.
These crossections allowed averages to be calculated for each
of the top three types of data. Once the averages were
calculated, estimates of volumes were prepared. These borings
provide a limited look at the new quarry area. However, it is
sufficient to judge the type of deposit, its depth and an
estimate of both quantity and quality. See Exhibit 3.
Operations Plan
Quarring operations are proposed to be accomplished in a ten
phase program of simultaneous mineral extraction and reclamation
activities. Each phase will require two to four years for
completion. The sequence of operations is shown in Exhibit 4.
The phases are shown in Roman numerals and are outlined in black.
Sequence of areas to be quarried are outlined in red and listed
numerically. See Exhibit 4. for Phasing Plan.
-5-
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OPERATIONS PLAN
i i PHASE
SEQUENCE:
WEST OPERATION
Once Phase I is completed (east central), operations will be
extended to the northwest corner of the site. Materials will
be mined, transported to the existing plant by conveyors,
processed and stockpiled., As -soon as Phase II is done Phase
III will extend to the south. During Phase III a new plant
will be constructed at the northwest corner of the site (the
Phase II area). Once the new plant is operational, conveyors
will be removed and the old plant shut down. By the time
Phase III is completed all material processing will take place
at the new :site.
Phases IV through VII will be transported to the new plant
using conveyor systems. Similarly, Phases VIII through X will
use conveyor systems for transportation and processing will
be at the new plant located in the Phase II area.
Reclamation Plan
Much of the sequence of operations is shown in the Reclamation
Plan, see Exhibit 5. Here the quarrying activities are shown
in red, cropland in yellow, and reclamation areas in green.
Essentially, berms stay in place once they are built, until
mining operations cease in that specific area. In some instances
early berms, such as the one now in place adjacent to Glacier
Ridge Subdivision, will remain in place for the life of the
quarry.
Generally, -the sequence in the reclamation process is as
follows: (1) berming, where necessary, (2) mining, (3) recla-
mation work, (4) reclaimed surface and (5) stabalized plantings.
After completion of Phases IX and X a considerable amount of
berming and reclamation work needs to be accomplished after
mining operations cease. Berms around the woods, north of
Glacier Ridge, west of Valley View School and along State Route
120 will have to be graded to cover perimeter restoration
slopes. While the mining program may last 40 years or longer,
the reclamation program will likely last two to four years
longer.
Reclamation Detail
Berms serve to reduce noise and to provide a visual seperation.
Pedestrian deterents are often necessary to seperate uses.
This will be required in areas adjacent to roads and streets,
along school property lines and any adjacent subdivisions.
Exterior berms in these areas should be steep,one-to-one slopes
are recomen.ded. At the base of the berms, bramble rose ground
cover should be..used. See Reclamation Detail, Exhibit 6.
EFM PLANT
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PHASE VIII
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PHASE V
PHASE IX
PHASE VI
PHASE X
PHASE VII
FINAL PHASE
® NORTH RECLAMATION PLAN
5
ASSUGATEO P-ANNERS
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Plantings on all berms and reclamed slopes should be done in
large clusters of shrubs and groupings of trees. This will
provide a sense of scale with occasional vertical accents to
the horizontal berm. Planting areas should be designed to
ascend or descend the berm on an angle. This will add a
Bence of undulation to the otherwise uniform slopes. A
recommended plant list is included in Exhibit 6.
Once reclamation activities are completed, the eastern portion
of the quarry will be used as an industrial subdivision. This
portion of the site is already zoned for heavy industry in the
City of McHenry. The western portion of the site will be
used for residential uses as proposed in the Comprehensive
Plan of the City.
Lakes,which will be located in the southern portion of the
property, will be utilized as recreational features in both the
residential and industrial portions of the site. Future access
to the western portion of the site will be provided on the
slope to the west of Valley View School.
Reclamation Crossections
Exhibit 7. shows the reclamation surface in plan and crossections.
There will 'be a fifty foot flat area around the top of the
quarry. Sloping surfaces will extend inward from 200' to 300'
or more,depending on the final depth of the quarry. Where
exessive material is available to construct the reclamation
surfaces, slopes will be less than 30 percent. Where slopes
are less than 15 percent, grasses and forbs may be used to
stabilize slopes. Where slopes are between 15% and 30%,
evergreen and deciduous trees and shrubs must be used in the
reclamation program. Surface undulations in the quarried out
area is indicated with an undulting line to show some uncertainty
regarding the slope of the reclaimed surface. In no case shall
slopes be greater than 30 percent. Reclamation crossections
are shown for the same locations and scale as Exhibit 3., Cros-
sections. However, since a fixed volume total for overburden
is not available, we have shown the reclamation plan with 30
percent slopes or less with an undulating line at the base of
the quarry.
Similarly, lakes which will remain in the floor of the quarry
will be shaped largely by the subsurface geological clay deposit
There may be two lakes or perhaps three. This will be determined
once the quarry work enters these areas. We do know there will
be one or more .lakes. The Reclamation Crossections, Exhibit 7,
indicates a total of four lakes in the areas where we estimate
the water will drain naturally. Two or more of these areas may
be joined together forming larger lakes.
-7-
.. ——
WEST OPERATION RECLAMATION CROSSECTIONS
7
ENTRANCE DE`.PAIL
A new entrance road has been designed to gain access to the
area west of Valley View School. The new entrance will be
located about one-half mile west of the school on the south
side of Illinois Route 120. Earth berms will be located
along Route 120 and will be constructed to shield the entrance
view into the quarry. Berms will be planted and landscaped.
Ingress and egress lanes will be provided to accommodate
decelleration and accelleration of vehicles entering or leaving
the quarry. This will be constructed in accordance with State
of Illinois Highway Department standards. The entrance road
will be approximately 1,100 feet long. About 100 feet from the
center line of Route 120 the entrance road will curve to the
west and will descend the slope to the base of the quarry.
The entrance road will have a standard street crossection which
will meet standards of the City of McHenry. Former property
owners, the entrance road detail and crossection are shown on
the Entrance Detail, Exhibit 8.
SUMMARY
McHenry Sand and Gravel Company's West Operation has been
planned to achieve maximum extraction of building materials
and to then be fully reclaimed following City and State of
Illinois standards. This will be accomplished in ten phases:
with each phase taking from two to four years to complete.
Interior areas of the quarry will vary from 70 to 90 feet in
depth. Reclamation areas will include perimeter berms where
needed (or required) and interior slopes of from 15 to 30 per-
cent or less. All slopes will be reforested to prevent soil
erosion. Low areas on the floor of the quarry will form lakes.
The last step in the reclamation process will be to replace
overburden and top soil over the floor of the quarry. Lakes,
formed as a part of the quarry operation will be retained as
part of the storm drainage system. The entire site east of
Valley View School is zoned for heavy industry and will be
planned as an industrial subdivision. The area west of the
school is proposed to be used for residential and recreational
purposes. The separation line between these two use areas
will be along the east line of Valley View School, extending
south to Glacier Ridge Subdivision.
WE
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i
CITY OF MCHENRY ZONING STANDARDS
7
These answers have been prepared in accordance with pro-
visions of Section XIII, of the City of McHenry Zoning
Ordinance, titled: Surface Mining. For clarity we have
followed the outline provided in the Ordinance, for Sub-
section 5. items a. and b. Our comments on each require-
ment are as follows:
5. Contents of Conditional Use Application
a. Due to the large size of the area to be used for
quarrying purposes, 420 ± acres, we requested
permission to prepare all illustrative material at
a scall of 1" = 200'. This permitted us to be
be able to make prints and"for the City to store
exhibits without folding the drawings.
1. Topographic contours are provided at 2 foot
3 intervals.
2. There are no existing water courses except
for surface drainage which is largely self con-
tained on the site. To the south, low hills
now drain off the property. This natural con-
dition will be altered by the mining operation
to be completely self contained.
3. There are no flood hazard areas on this prop-
erty, nor are there any on adjacent property.
4. Boundries of the area to be excavated are indi-
cated in Phases, 1 through 10 and in sequence
of Operating Areas, 1 through 20: see Exhibit
4, Operations P1an,Plan Phases and the Schedul--
ing of reclamation areas are shown on Exhibit 5,
Reclamation Plan.
5. Structures to be utilized in the mining opera-
tion include a new processing plant (contained
within a structure), scale house and office,
and a maintenance building. Material storage
areas will be located adjacent to the process-
ing plant and scale house. Equipment will in-
clude front end loaders, bulldozers, graders,
conveyor systems, and crushers. Processing
and storage areas will be located as far from
existing residential and institutional areas
as is practical and will be placed on the site
as soon as -Phase U is completed and the new en-
trance constructed on the south side of State
Route 120.
6. All heavy equipment such as bulldozers, graders
and loaders will be in the maintenance building
at night and working on the quarry most days.
Sorting and grading will occur at the process-
ing plant located in Phase II. Crushing will
occur on the quarry floor at the end of the con-
veyor system. This is necessary to break down
larger rocks and boulders for processing. This
will occur about 1,000 feet from the nearest
iii
• property line at the base of the quarry. See
Exhibit 5.
7. Berms are proposed along all edges adjacent to roads,
the school, park and residential areas. All berms
will be a minimum of 40' wide and 10' high. Due to
the large quantity of overburden which needs to be
stored for eventual use in the reclamation process,
overburden storage areas may be required where berms
have not been indicated. Berms are indicated on
the Reclamation Plan Exhibit 5. Additional over-
burden storage may be needed in Phases III, IV, V &
VI. We calculate there will be approximately 3.5
million cubic yards of overburden. Should the
actual overburden exceed this estimate, new storage
areas will be required.
8. A new entrance will be constructed about one-fourth
mile east of the west property line on State Route
120. This will be located almost one-half mile west
of Valley View School. The entrance road will curve
to the west and gradually descend the sloping face
of the quarry. This road will be constructed at a
grade of 8 percent. The entrance road is estimated
to be 1,100 feet long. This roadway will be 60'
wide with two 12' traffic lanes of 10" concrete on a
10" crushed gravel base. There will be a 10'
compacted gravel shoulder on each side. Curbs will
be utilized at the top and bottom for the channel-
n
ization of surface water run-off. Acceleration
and decelleration lanes will be provided as required
by the State of Illinois. These facilities are
r
shown on the Entrance Detail Exhibit 8.
9. The proposed entrance road provides access to the
nearest arterial street shown on the City of McHenry
Comprehensive Plan: State Route 120.
10. Four platted streets are adjacent to the proposed
i
quarry on the east: (south to north) Matanuska,
Hayward, Chickaloon and Denali Trail. In meetings
held with adjacent property owners, it was agreed
to provide a 200 foot wide easement south of a 10
acre wooded tract to serve as a buffer between the
residential areas to the east. This would ,leave. -
only Denali Trail which could be extended only
minimally to permit no more than 12 lots with access
from the south. This would not be constructed until
quarry operations cease. The reclamation plan
calls for a lake to be located in this area which
3 will limit access to the north. All of the existing
streets are platted at 60' wide with standard
pavements. All grades are level. Once Denali Trail
is extended north, it would have 60' width standard
pavements and grades of no more than 8 percent.
11. Crossections are shown on Exhibit 3. Average
overburden is from 3 to 5 feet. Depth of material
to be excavated ranges from 70' to 126'. All sand
'�%�= :"�i `,'�'•�._;"+{ o..yp�,. •"3iti•'.P�+L �;:,`�`'��;: ''ji��^9 �.r�;'•?-�'2, '-.�'4 :. �^:Sijs •''.��' '_�'�'�.+�` ;'i :'�ii..`:=�.?-�` "�`+,c`.?�:� �=.�c3�-'mow' ~..-. `-1`r"i`+� � c4i
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and gravel materials are deposited an a thick bed
of hard blue clay. There are several depressions
1
where the depth of materials is up to 50' below
ground water. Ground water ranges from 2' to 56'
in depth. This material will likely be removed
with a drag line. No excavations will penetrate
the blue clay floor of the quarry.
12. All exhibits are identified as having been prepared
by Associated Planners. Where appropriate scale of
maps is necessary, they have been indicated. All
maps and Exhibits are dated and were prepared by
Robert D. Grossman, American Institute of Certified
Planners.
b. Descriptions
1. Sand and gravel are the principal products to be
mined. These basic materials may be processed into
42 grades of material as identified by the State
of Illinois. The type of material which is
processed and sold depends upon the specific needs
of each client, for their construction needs.
2. Principal soils found on the site are McHenry (310-B),
Nippersink (299-B) and Ringwood (297-B) Silt Loams.
These soils are well drained with fairly uniform
conditions. Vegetation found on the site includes
Hedgerows with mixed trees and shrubs. Across the
central portion of the site is a wooded area of
about 24 acres. The western portion is more open
and may have been pasture at one time. The eastern
vi
10 acres is densely wooded and will be preserved
as a part 6f the Operations Plan, See Plate 5.
This area will be set aside along with a 200' +
wide strip of land along the western edge of the
residential area east of the new quarry.
3.
Overburden is to be stored in berms and stockpiles.
This upper strata is shown on the erossections
Exhibit and ranges from 3' to 10' in depth. Topsoil
and the overburden will be stored and used to
reconstruct the reclamation. We estimate the over-
burden will amount to 3.5 million cubic yards.
4.
The depth of mining will vary from 70 to 125 feet
due to the sloping surface of the blue clay, See
Exhibit 3. The shallowest area is to the northwest
corner, where the new processing plant will be
located. The deepest area is to the south.
5,.
Materials are picked up with a front end loader
and are deposited in a crusher whichplaces the sand
and gravel on a conveyor system which moves the
material to the processing plant. At the plant,
the materials are washed, screened and processed to
make any of 42 seperate grades of sand and gravel,
depending upon demand.
6.
Roughly 400 acres will be quarried in the ten phase
program, averaging 40 acres per phase. In recent
years more than ten acres have been quarried each
0
vii
t
year. We have divided each phase into two segments
to
indicate
the mining sequence.
This will give
the
quarry'about
a 40 year life.
Should the
quarry yield an average depth of 90' of minable
material, the total volume would be about 60 million
cubic yards. Actual production would be less once
clay, talcum and other fine materials are removed
in the processing operation. Actual production is
difficult to predict since the quality of the sand
and gravel deposits vary from one location to
the next.
7. Processing equipment at the plant will be "state of
the art" mining machinery which will be housed
inside a building for noise retardation. Conveyors
will convey materials to stockpile areas. Other
equipment was described in a. 6. above.
8. Noise retardation will be accomplished by placing
the plant inside a building. This will reduce
noise, dust and vibration. At the operation face
of the mine will be the only place where dust will
be generated when the front end loaders cause mine
face to fall. As a result, air polution will be
greatly reduced. All surface waters will be
collected and stored on site. The upper aquifer
occurs at different depths, from 65' to 125' below
the surface. This water is held by the blue clay
zone at the base of the quarry. This aquifer
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measures from 2' to 10' in most areas, although
there is a+deep depression near the center of the
site where the aquifer is up to 50' deep. A lake
will likely remain in this area. Mining operations
will not go below the blue clay zone. Most wells
nearby are in the aquifer below the blue clay
zone, at depths greater than 150 feet.
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9. Wash water will be recycled. Any excess water will
be pumped to the lakes and holding ponds found in
the present quarry. We estimate that there will be
four lakes on this site at the conclusion of
mining operations. Lake configurations are estimated
to look like those shown on Exhibit 7.
10. Hours of operation will conform to the standards
set forth in B. Standards for Operation. Subsection
2. Hours of Operation. There will be no operations
on Sundays or on State or National Holidays.
Crushers will be limited to operating from 6 AM to
6 PM. All other operations will be limited to the
hours of 5 AM to 8 PM. Electrical pumps may
operate at any time.
1.1. Current operations are now in phase 1 as shown on
the Operations Plan Exhibit 4. It is very difficult
to forcast production of these materials since demand
is influenced by State and Municipal Budgets, Interest
Rates, Mortagage Rates and Building Permits among
other factors. At 10 acres a year, it will take
t
about 40 years to complete the quarry: about the
year 2027. Should production increase to 20 acres
per year the quarry will be restored for other
uses by the year 2010.
4
S. COMPLIA,NCE WITH STATE AND FEDERAL REGULATIONS
In addition to the requirements herein, all operations shall comply
with the Illinois Surface -Mined Land Conservation and Reclamation Act,
the regulations of the Illinois and U.S. Environmental Protection
Agencies, and other applicable state and federal laws and regulations.
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9. ABANDONMENT OR TERMINATION
A new Conditional Use Permit shall be required for any operation where
the operator has not demonstrated an intent to resume operations
during a period of 12 months after on -site extraction and processing
operations, have ceased.
10. INSPEC.TION
The Zoning Administrator shall inspect each operation for compliance
with the provisions herein at least semi-annually.
11. STAGED RECLAMATION ACTION
Reclamation according to the Reclamation Plan shall be pursued and
completed in stages as excavation progresses.
B. STANDARDS FOR OPERATIONS
C ' 1. WATER TABLE
Maximum excavation depth shall not be below existing groundwater
except where the Reclamation Plan provides for a water feature or for
refill ing of such excavation. Any such refill ing shall be in
conformance with applicable state and federal laws and regulations
governing ground water pollution.
No extraction operation shall permanently and harmfully lower the
water table of surrounding inhabited properties.
Water pumped from the site for washing shall be retained in a pond
until the silt and clay settles and then recycled in the area affected.
2. HOURS OF OPERATION
To reduce the harmful impact of noise on surrounding properties,
surface mining operations shall be conducted only during the hours
indicated below except during periods of public emergency in which
materials excavated at the site are needed.
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EXHIBIT "B"
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Sundays or
Legal State or
National Hol idays
Operation of
Crushers At no time
Washing of
Gravel At no time
All Other Operations
including Loading &
Maintenance At no time
4 COTI I ecr
Al 1
Other
Times
6AMto 6PM
All hours
(electric pumps only)
5AMto8PM
Trucks haul ing excavated material shall be loaded or covered so as to
prevent spillage onto public streets. Any spillage on such streets
shall be removed by the operator at least once every 24 hours.
4. FENCING, LANDSCAPING, AND SCREENING
Notwithstanding other provisions of this Ordinance on screening,
because of the superior noise -attenuating properties of berms as
compared with fencing or plantings, a barrier consisting of a planted
earth berm with a minimum height of 10 feet and fencing with a minimum
fence height: of 4.5 feet shall be installed prior to commencement of
operations:
a. along all lot lines, or, at the option of the operator
b. along such lot lines and phase area boundaries as are adjacent
to areas currently being excavated.
Such barrier shall be sufficient to:
a. Screen the operation from view from adjacent properties and
public streets except where a significant change in topography
makes this impractical ; and
b. Discourage trespass by the public, such as with the use of
barbed wire or thorny plantings; and
C. Attenuate noise coming from the site that can be heard on
surrounding properties for public streets, and
d. Serve as wind breaks to reduce airborne dust adjacent to the
site.
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The required berm shall be planted with ground cover over its entire
surface --except for portions planted in trees, shrubs, or flowers --no
later than the next growing season after its installation.
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Where a lot line of a t mining operation abuts the boundary of a
Residential District, the berm shall be a minimum of 50 feet from that
boundary.
Trees a miinimum of 10 feet high at time of planting and spaced a
maximum of 25 feet apart shall be planted along the top of any berm or
portion thereof located within 500 feet of extraction activity.
Entrances and exits to the property shall be provided with gates that
shall be securely locked during hours of inoperation.
Existing trees and ground cover within the required yards shall be
preserved wherever possible.
Weeds shall be cut or trimmed as necessary to present a reasonably
neat appearance, to prevent seeding on adjoining property, and to
reduce the hazard of grass fires.
5. ENTRANCES
A maximum of one entrance and one exit onto public streets shall be
provided.
Where possible, the entrance and exit shall avoid routing of vehicles
�- used in the operation over streets primarily serving residential
areas. Where necessary in the judgment of the City Council, paved
acceleration and deceleration lanes at least 100 feet in length shall
be provided on either side of an entrance or exit.
To minimize airborne dust and the deposit of dirt and gravel on public
streets, a drive into the site of not less than 300 feet from the
street right-of-way at each entrance or exit shall be either paved or
oil ed or sprayed with cal cium chl oride or a simil ar product to create
a dust -free surface.
6. SAFETY
All operations shall be conducted in a safe manner so as to prevent
harm to the public and damage to adjacent properties or adjacent
public streets.
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7. STAGED REMOVAL OF OVERBURDEN
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Overburden shall not be removed from more land than is to be mined
within one year. No overburden shall be removed from additional land
until ground cover in conformance with the Reclamation Plan is
installed on all land where excavation is complete and that is not
being used for material storage.
S. YARDS
Notwithstanding other provisions of this Ordinance, the following
minimum distances shall be observed for surface mining operations:
Operation
Crushing Below Grade
All Other Crushing
All Other Operations
9. NOISE
Minimum
Distance Measured From
in Feet Operation To:
400 Boundary of any non -industrial
district or property 1 ine of any
school or hospital
750 Boundary of any non -industrial
district or property line of any
school or hospital
100 Boundary of any non -industrial
district or property line of any
school or hospital
50 All other property 1 i nes
Performance Standards for noise herein applicable to heavy industry
shall apply to all operations. Operations producing the highest noise
levels, such as crushing machines or haul roads for truck movement,
shall be located as far from lot 1 i nes as practical .
10. MAINTENANCE OF SITE
The site shall be maintained in a neat and orderly condition, free of
junk, trash, or unnecessary debris. Buildings shall be maintained in
good repair and appearance. Salvageable equipment stored in
non -operating condition shall be screened or enclosed.
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