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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 -2- 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 -3- 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 -3- 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 -4- 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 -5- 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 -7- 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 -10- 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 -11- 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 -12- 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. 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";h.,� , 1 � :.� �r {s�,-; 5.. l--'";•"• }�"�.x�. ,.•fit' �'->��i Ot�f ;.. ,�r. { -•r {{ 11 1 j •, t �F a n � �9-} d '�,•� } ,i..iijk •;i �'` .� �:v r n': I, .l •'i I :'(�i 'i. !� � 1f l.�I loY '' 4 t � F� r 1 { « R, ': ` 1'.{ i V! I fj ii ~ Syr }, •^- d { '! a- �.,,� s.�F �:Jr. '+' �• 4 �,.! _ 2.f� 14 s t, s s t ',•r f .� s � w F t , ('�ja T -- :•� r_'�r _ T �, � tv- •!t� ors.'-,3i�� 21 Ar �t�. •I+f :ls � _ aka � L•� j•- , C � � " � ��. S . t �, '�,: f T.::•� �.s.� .� _%i �F i �.� mow.; '3. ��'. r} 'L � � �"->t ,;i,r'i•�`?�' i f t .!•b � w,�..�lil., y y�1 7'.:- f �.�5�`!1 •r ,a� 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- d A { fY 1� r/ c --.-:.�r tarot. a r+w c r S. a oar , wEsr opEwmmr CROSSECTIONS M ASSSO LA_TQJ PLAPJ EF*i b0 w }I�OM. } aYoabbr �AI�Fm�A • J ie • 3 ■ ■■ ■l ^ ■ ■ ■■ ■■ ■ ■ 3 �■ ■■ j on 19 20 4� 17 i■ ■ ■ ■■ ;; ■ ■ - imwwwwwwwwwwwww■ ■ y w.wwwww'�wwwwwwwwwwww' ■ ■ "_ 6 ■ ■■ ■iwwwwwwwwwwwwi ■■■ ■ �wwwwwwwwwwwwwwwwww■ mc 5 'ii 16 ii - �■ ■■■ �w......i■ 2 1 • ■ 6 ■ ;■■ 15 �■ �wwwwwwwwwwwwwwi• ■ wwsw�wso ■ ■ � - wwwwuww��wwwwwwwwwwwwwww' iSol wwwom 1 13 14 mg I me I - 8 is i - ■- on i `wwwwwwwwwwwwwwi iwwwwwwwwwwwwwww� Iwo ■ ii �� an 11 am 9 ■■ 11 12 Irmoon4v 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 STDCKt 1 I CRCPLAND 1 r a t PHASE I I •�RALEE I i �.H '0.NG.H.IJ.'� _ 0.' ECL RECLAIMED SURFAIMI9p I t �� E. J PHASE IV PHASE VIII mcHo" Send A GtnM VMd PHASE II L� PHASE V PHASE IX PHASE VI PHASE X PHASE VII FINAL PHASE ® NORTH RECLAMATION PLAN 5 ASSUGATEO P-ANNERS �1 N V N d N V > v _ 3 y rj�+ eo 2L L vl=jro; tlo P01O �` d c',$oum °V'��o� .n'vLc o� ;r Q, c o 3 � LodX ar R o t c o0 'aVC"_V Vyy [ ivL �i'�TO=�,iJ c'dV �[L;tlY tlOnDE .0 PO.d �f �l C yy� TUU yid m L [�- L i0. Grp a dd �i Y�� V tivE COvo; ray oL Vo co $OS's��A3 �n �7e7a�Zj.n 3 0c6ar2 ✓ <V >V3 N E ` w ` d d v t d d d C a P c E d n H Q d d a 'n C ` O.i tl n a L [ j V n d i J d i 0 _ �cc E 10 7a d Q'^r+ EoE�"doC ��$ ce cv a+ a �.•�` o.v V �d0.�. c Y a�e� F- >y �_ � L.y 1' 3 "o �� �o � > NyfL c L« dd+' J r ad N[' N Py oa [ �a v ]T Lf = E� Cd�NNNdO b Ln�� �rTaJL. 3 d T' iv�Ei' LC Tovn Kai o Z O L V ��CC�X Q, C 7] y [CdDJ y�_y� D YLOy tl�C f b0.•u d Y C. `c l C C L OO o OGGC U d aP'[ J d 4 '�O0 UL L O tlOd T J r a�o,iC. ao j -o.d t VV,u dudd = a�aLLi�6o. O aV �Y1Nr VVafr -ti tl > J I 0n� I{ Y 0 41 5at[� Ea ad _ c Ar ^'00 SJ _va le a a> V � O tl i •f: ({ A Y o d o , ; dc at 6 0 V yo :: ♦.' C v O IT C c d V W T ? a2� dw ^ k+ _Ccir[ WZWW f.7 cc 6 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 - 1! ,� �i �; :% ., ,1 \� .; -. i.� �� � - •�^\ • J '�\ � �� � ./ ' ,� I ,, � r• �/�� �I� �_, .- �� ^�. �.. .�� �. J ,�� �. �i ,�� � � .,. '� . .. ,:, � . � . � � � J �11 %�`1 , %�+ "� �j �� �: `��\ �� �;: 1' ., ���- � ', %� • �; � v \% I �., �� � '' • �'��. � �?, % � ', � /� , , � ��i '� \�� .;/ �- �� � \% �'� .! '�� i �%� � �"% %� 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 v 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 viii 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. i 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. C 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. -333- EXHIBIT "B" C' 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. -334- 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. e-� 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. ' -335- 7. STAGED REMOVAL OF OVERBURDEN c C 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. -336-