HomeMy WebLinkAboutOrdinances - O-88-452 - 05/04/1988 - APPROVE ANNEX AGMT MCH SAND AND GRAVELORDINANCE NO. 0-88-452 RECEIVED
AN ORDINANCE PROVIDING FOR THE; APPROVAL OF PROPOSED PR 22
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ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY,
COUNTY OF MCHENRY, ILLINOIS, AND MCHENRY SAND
GRAVEL COMPANY, INC., MCHENRY STATE BANK, AS TRU � OF WHEN',N
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED
JANUARY 14, 1983, AND KNOWN AS TRUST NO. 2670 AND
MCHENRY STATE BANK, AS -TRUSTEE UNDER THE PROVISIONS
OF A TRUST AGREEMENT DATED AUGUST 1, 1980,
AND KNOWN AS TRUST NO. 2017
WHEREAS, the MCHENRY SAND AND GRAVEL COMPANY, INC.,
MCHENRY STATE BANK, as Trustee under the provisions of a
Trust Agreement dated January 14, 1983, and known as Trust
No. 2670 and McHENRY STATE BANK, as Trustee under the
provisions of a Trust Agreement dated August 1, 1980, and
known as Trust No. 2017 are collectively the record owners of
a certain parcel of real estate located in parts of Sections
29 and 30 in Township 45 North, Range 8, East of the Third
Principal Meridian, in McHenry County, Illinois; and
WHEREAS, said real estate is contiguous to the existing
corporate limits of the City of McHenry, McHenry County,
Illinois; and
WHEREAS, Notice of a public hearing was published in the
NORTHWEST HERALD, a newspaper of general circulation in the
City of McHenry, within the time provided by law, notifying
the public of a hearing on said proposed Annexation Agreement
to be held before the Corporate Authorities of the City of
McHenry, NtcHenry County, Illinois, on the llth day of
February, 1988, at 8:00 p.m., and
WHEREAS, the Corporate Authorities of the City of McHenry
have held the hearing required by law and have found that the
entry into said Annexation Agreement will not be detrimental
to the public health, welfare or safety of the inhabitants of
the City of McHenry, McHenry County, Illinois.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section I. The Annexation Agreement bearing the date of
the 4th _ day of May , 1988, by and between the
City of McHenry, McHenry County, Illinois, and McHENRY SAND
AND GRAVEL COMPANY, INC., McHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated January 14,
1983, and known as Trust No. 2670 and McHENRY STATE BANK, as
Trustee under the provisions of a Trust Agreement dated
August 1, 1980, and known as Trust No. 2017 be and the same
is hereby approved. A full, true, complete and accurate copy
of said Annexation Agreement is attached to this Ordinance
and is incorporated herein by reference as Exhibit No. 1.
Section II. The Mayor and City Clerk of the City of
McHenry, McHenry County, Illinois, are authorized and
directed to affix their signatures as Mayor and City Clerk of
said City to said Annexation Agreement for the purposes and
uses therein set forth.
Section III. This Ordinance shall be known as Ordinance
No. 0-88-452 and shall be in full force and effect from and
after its passage and approval as required by law.
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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, Nolan, Patterson, Serritella, Smith, Teta
NAYS : None
ABSTAINING:
ABSENT: None
APPROVED THIS
ATTEST:
City Clerk
8471R
None
4th DAY OF May {� 1
C '
Mayor
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EXHIBIT NO. 1
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this _ 4th day
of May , 1988, 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 McHENRY SAND & GRAVEL COMPANY,
INC., a Delaware Corporation, McHENRY STATE BANK, not
individually, but as Trustee under the provisions of a Trust
Agreement dated January 14, 1983, and known as Trust No.
2670, and McHENRY STATE BANK, not individually, but as
Trustee under the provisions of a Trust Agreement dated
August 1, 1980, and known as Trust No. 2017, (hereinafter
referred to collectively as "OWNERS").
W I T N E S S E T H:
WHEREAS, McHENRY SAND & GRAVEL COMPANY, INC., a Delaware
Corporation, (hereinafter referred to as McHENRY SAND &
GRAVEL) McHENRY STATE BANK, not individually, but as Trustee
under the provisions of a Trust Agreement dated January 14,
1983, and known as Trust No. 2670, (hereinafter referred to
as TRUST 2670) and McHENRY STATE BANK, not individually, but
as Trustee under the provisions of a Trust Agreement dated
August 1, 1980, and known as Trust No. 2017 (hereinafter
referred to as TRUST 2017) are each record owners of portions
of the following described parcel and collectively are the
owners of said parcel in its entirety:
and;
That part of Section 29, Township 45 North, Range 8 East
of the 'Third Principal Meridian, described as follows:
Beginning at the West,Quarter Corner of said Section 29,
thence South along the West line of said Section 29, to
the Nort.hwst Corner of the South Half of the Southwest
Quarter of said Section 29, thence East along the North
line of said South Half of the Southwest Quarter of said
Section 29, to the Southwest Corner of Glacier Ridge,
Unit No,. 2, according to the Plat thereof recorded August
7, 1978 as Document No. 741873; thence North along the
Westerly line of said Glacier Ridge, Unit No. 2, to the
Northwest Corner of said Glacier Ridge, Unit No. 2;
thence East along the North line of said Glacier Ridge,
Unit No. 2, and along the North line of Glacier Ridge,
Unit No. 1, according to the Plat thereof recorded August
30, 1977 as Document No. 706672, to an angle point in
said North line of Glacier Ridge, Unit No. 1, thence
Northeasterly along the Northwesterly line of said
Glacier Ridge, Unit No. 1, to an angle point in said
Subdivision; thence East along the North line of said
Glacier Ridge, Unit No. 1, a distance of 211.91 feet, to
a point which is 577.41 feet West from the East line of
the West Half of the Northeast Quarter of said Section
29; thence Northerly, 389.81 feet to a point which is
578.25 feet West from said East line, and 1508.6 feet
South from the North line of said Northeast Quarter;
thence West parallel with said North line, 578.25 feet to
the East line of the aforementioned parcel of land
conveyE!d by Deed recorded in Book 127, page 123; thence
North, along said East line, 1508.6 feet to an
intersection with the North line of the Northeast Quarter
of said Section 29, thence West along the North line of
said Section 29, to a point on said North line 500.00
feet East of the Northeast Corner of the West 100 rods of
the Northwest Quarter of said Section 29; thence South
parallel with the East line of the West 100 rods of the
Northwest Quarter of said Section 29, a distance of 340.0
feet; thence West, parallel with the North line of said
Section 29, to the East line of the West 100 rods of the
Northwest Quarter of said Section 29, thence North along
the East line of the West 100 rods of the Northwest
Quarter of said Section 29, to the North line of said
Section 29, thence West along the North line of said
Section 29, to the Northwest Corner of said Section 29;
thence South along the West line of said Section 29, to
the point of beginning, in McHenry County, Illinois.
Also the East Half of the East Half of the Northeast
Quarter of Section 30, Township 45 North, Range 8 East of
the Third Principal Meridian, in McHenry County, Illinois.
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WHEREAS, those portions of the subject premises currently
owned by McHENRY STATE BAgK, not individually, but as Trustee
under the provisions of a Trust Agreement dated January 14,
1983, and known as Trust No. 2670, are the subject of an
option to purchase real estate dated January 16, 1987,
executed by said Trust 2670, EUGENE R. EPPEL and GLENN R.
EPPEL, as optionors and McHENRY SAND & GRAVEL COMPANY, as
optionee, and, in consequence of the aforesaid option to
purchase reel estate, it is understood and agreed that, upon
annexation of said premises, the performance of the
obligations hereunder shall be the responsibility of McHENRY
SAND & GRAVEL and TRUST 2017, their successors and assigns,
and of such persons and firms who engage in the extraction,
mining or processing of sand, gravel and other earth materials
therefrom; and
WHEREAS, said parcel is contiguous to the corporate
limits to the City of McHenry, Illinois, and is not located
within the boundaries of any other municipality and;
WHEREAS, said parcel constitutes territory which may be
annexed to the City of McHenry, Illinois; and
WHEREAS, the OWNERS desire to have said parcel annexed to
the City of McHenry, Illinois, upon the terms and conditions
hereinafter set forth; and
WHEREAS, the CORPORATE AUTHORITIES after due and careful
consideration have concluded that the annexation of said
parcel to the CITY, under the terms and conditions set forth
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in this Agreement, will further the growth of the CITY,
enable the CITY to control the development of the area, and
serve the best interests of the CITY and its inhabitants; and
WHEREAS, pursuant to the provisions of Section 11-15.1-1,
et seq. of -the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes), a proposed Annexation Agreement, in form
and substance the same as this Agreement, was submitted to
the CORPORATE AUTHORITIES and a public hearing was held
thereon pursuant to notice as provided in the statute; and
WHEREAS, pursuant to notices as required by the statutes
of the State of Illinois and the City of McHenry 'Zoning
Ordinance, a public hearing was held before the City of
McHenry Zoning Board of Appeals on the zoning classification
of said parcel, the conditional use of said premises, and the
term of said use, and the recommendation made by the Zoning
Board of Appeals was submitted to the CORPORATE AUTHORITIES.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, IT IS AGREED 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
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
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before the CORPORATE AUTHORITIES, the Plan Commission of the
City of McHenry, and the 4oning 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 Agreement is to provide for
annexation of certain tracts of real estate to the City of
McHenry, Illinois, upon the terms and conditions hereinafter
described in this Agreement.
4. That: the OWNERS have filed with the City Clerk of the
City of McHenry proper Petitions conditioned on the terms and
provisions of this Agreement to annex the real estate
heretofore described to the City of McHenry.
5. The CORPORATE AUTHORITIES, upon execution of this
Agreement, and upon consideration of proper Petitions by the
OWNERS, will enact an Ordinance annexing the aforedescribed
parcel which includes all adjacent streets or highways as
required by law.
6. That immediately upon annexation of the heretofore
described real estate to the CITY, the CORPORATE AUTHORITIES
shall adopt an Ordinance or Ordinances amending the City of
McHenry Zoning Ordinance so as to zone the following
described real estate "RS-1", Single -Family Residential
District classification and "A-M," Agricultural & Mining
Overlay District classification, and also to grant a
Conditional Use therein pursuant to the Agricultural & Mining
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Overlay District classification for the extraction, site
reclamation, and processir;g of sand, gravel, and other earth
materials:
That part of Section 29, Township 45 North, Range 8 East
of the Third Principal Meridian, described as follows:
Beginning at the West Quarter Corner of said Section 29,
thence South along the West line of said Section 29, to
the Northwst Corner of the South Half of the Southwest
Quarter of said Section 29, thence East along the North
line of said South Half of the Southwest Quarter of said
Section 29, to the Southwest Corner of Glacier Ridge,
Unit No. 2, according to the Plat thereof recorded August
7, 1978 as Document No. 741873; thence North along the
Westerly line of said Glacier Ridge, Unit No. 2, to the
Northwest Corner of said Glacier Ridge, Unit No. 2;
thence East along the North line of said Glacier Ridge,
Unit No. 2, and along the North line of Glacier Ridge,
Unit No. 1, according to the Plat thereof recorded August
30, 1977 as Document No. 706672, to an angle point in
said North line of Glacier Ridge, Unit No. 1, thence
Northeasterly along the Northwesterly line of said
Glacier Ridge, Unit No. 1, to an angle point in said
Subdivision; thence East along the North line of said
Glacier Ridge, Unit No. 1, a distance of 211.91 feet, to
a point which is 577.41 feet West from the East line of
the West Half of the Northeast Quarter of said Section
29; thence Northerly, 389.81 feet to a point which is
578.25 feet West from said East line, and 1508.6 feet
South from the North line of said Northeast Quarter;
thence West parallel with said North line, 578.25 feet to
the East line of the aforementioned parcel of land
conveyed by Deed recorded in Book 127, page 123; thence
North, along said East line, 1508.6 feet to an
intersection with the North line of the Northeast Quarter
of said Section 29, thence West along the North line of
said Section 29, to a point on said North line 500.00
feet East of the Northeast Corner of the West 100 rods of
the Northwest Quarter of said Section 29; thence South
parallel with the East line of the West 100 rods of the
Northwest Quarter of said Section 29, a distance of 340.0
feet; thence West, parallel with the North line of said
Section. 29, to the East line of the West 100 rods of the
Northwest Quarter of said Section 29, thence North along
the East line of the West 100 rods of the Northwest
Quarter- of said Section 29, to the North line of said
Section 29, thence West along the North line of said
Section 29, to the Northwest Corner of said Section 29;
thence South along the West line of said Section 29, to
the point of beginning, in McHenry County, Illinois.
Also the East Half of the East Half of the Northeast
Quarter of Section 30, Township 45 North, Range 8 East of
the Third Principal Meridian, in McHenry County, Illinois.
Earth materials processing operations may be conducted only
in the northwest 40 acres of the above -described premises.
Excluded from the aforesaid "A-M", Agricultural and Mining
Overlay District classification, conditional use and
variation is that portion of the above premises which is to
be conveyed to the GLACIER RIDGE PROPERTY OWNERS ASSOCIATION
pursuant to the provisions of paragraph 10 of this Agreement
and which is described as follows:
That part of the West 100 rods of the Northwest Quarter
of Section 29, Township 45 North, Range 8 East of the
Third Principal Meridian, bounded and described as
follows: commencing at the Southwest corner of said
Northwest Quarter, thence North along the West line of
said Northwest Quarter, a distance of 734.12 feet; thence
Easterly along a line forming an angle of 90 degrees 30
minutes 48 seconds to the right with a prolongation of
the last described line, a distance of 1020.03 feet for a
point of beginning; thence continuing along the last
described line, a distance of 629.61 feet to a point on
the East line of said West 100 rods of said Northwest
Quarter, said point being 681.92 feet North of the South
East corner of said West 100 rods; thence South along the
East line of said West 100 rods, a distance of 681.92
feet to said Southeast corner; thence West along the
South line of said Northwest Quarter, a distance of
629.74 feet; thence North, a distance of 701.85 feet to
the point of beginning, in McHenry County, Illinois; also
That part of the North half of the Southwest Quarter of
Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, lying 200 feet Westerly of (as
measured at right angles to) the West line of Glacier
Ridge Jnit No. 2, a Subdivision of part of said Section
29, according to the Plat thereof re -recorded August 17,
1978 as Document No. 741873, in McHenry County, Illinois.
7. In addition thereto, the CORPORATE AUTHORITIES shall
grant a variance from the ten year limitation for conditional
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uses contained in Chapter XIII, Section A, paragraph 4 of the
Zoning Ordinance of the City of McHenry, as amended December
22, 1986, so as to grant the aforesaid conditional use permit
or permits f-or an initial term of ten (10) years, which
initial terra shall be automatically extended for an
additional ten (10) years, providing however that there have
been no substantial or recurring violations of this
agreement, of Federal or State mining, environmental, and
reclamation laws and regulations or of the City of McHenry
Zoning Ordinance.
The Owners shall request the Department of Mines and
Minerals, Land Reclamation Division, of the State of 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 OWNERS' 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
WE
Complaints or other pleadings involving Department
or Illinois $nvironmental 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-year term of
the Conditional Use which would warrant a revocation by the
CITY of the "automatic" subsequent ten-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.
8. 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 OWNERS' 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 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.
9. The OWNERS will initially transport the excavated
materials to the processing equipment which is presently
existing at the processing center located on the premises
described in Exhibit No. 1 of Ordinance No. 0-76-93 adopted on
December 20,, 1976, which premises are more commonly referred
to as a portion of Sherman Hill Industrial Subdivision.
However, it is agreed and understood by the OWNERS that they
will install earth material processing equipment in the
Northwest 40 acre corner of the subject premises and will
conduct all processing of earth materials at that location no
later than the commencement of extraction operations in Phase
III of the OWNERS' Operation Plan depicted in Exhibit "A".
All earth material processing and screening equipment will be
located in enclosed buildings. Thenceforth no earth materials
will be processed from the premises described in Exhibit No. 1
of Ordinance 0-76-93 aforesaid.
10. McHENRY SAND & GRAVEL will convey to the GLACIER RIDGE
PROPERTY OWNERS ASSOCIATION, by warranty deed, that portion of
the subject: premises excluded from the "A-M", Agricultural and
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Mining Overlay District and Conditional Use and variation
which was previously described in paragraph 6 hereof. The
aforesaid Warranty Deed from OWNERS 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." The premises so conveyed will include
approximately 16.07 acres of land which is intended as a
buffer zone, and the deeds of conveyance will comply with the
terms of an existing contract between TRUST 2670, EUGENE R.
EPPEL, GLENN R. EPPEL, and McHENRY SAND & GRAVEL and will
contain restrictions prohibiting residential, commercial, and
industrial development of the property but will allow
recreational use of the property.
11. McHENRY SAND & GRAVEL will post with the CITY the
required bond for each phase currently being excavated and for
the two phases beyond that phase which is presently being
excavated. The ten (10) geographical phases of development
are depicted and described in the Plan of Development in 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.
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12. It i 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 Agreement requires their continued
cooperation.
13. 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.
14. It is understood and agreed that, upon annexation of
the aforesaid premises, the performance of the obligations
hereunder shall be the responsibility of McHENRY SAND & GRAVEL
and TRUST 2017, their successors and assigns, and such persons
and firms who engage in the extraction, mining, or processing
of sand, gravel or other earth materials therefrom. Neither
McHENRY STATE BANK TRUST 2670, EUGENE R. EPPEL, or GLENN R.
EPPEL, their successors or assigns, will be bound by the
performance obligations of this Agreement unless they engage
in such extraction, mining or processing operations.
15. This Agreement shall be binding upon the parties
hereto, their respective successors, grantees, or assigns for
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a full term of twenty (20) years, as herein provided,
commencing as of the date,hereof as provided by statute. The
Mayor and City Clerk of the City of McHenry, McHenry County,
Illinois, are authorized to affix their signatures as Mayor
and City Clerk of said City to this Annexation Agreement for
the purposes and uses set forth herein. To the extent
permitted thereby, it is agreed that, in the event the
annexation of the OWNERS' real estate or the terms of this
Agreement are challenged in any Court, the period of time
during which such litigation is pending shall not be included
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 :Mate courts. In the event any litigation is
brought against the CITY pertaining to this Agreement or the
terms thereof, McHENRY SAND & GRAVEL, TRUST 2017, and their
successors and assigns, will pay upon request by the CITY all
costs and expenses in connection therewith, including but not
limited to attorney's fees, witness fees, deposition expenses,
judgments, etc., for the defense of the City of McHenry.
16. If any provision of this Agreement is declared invalid
or illegal, the remainder of this Agreement shall not be
affected thereby.
17. It is agreed that, when EUGENE R. EPPEL, who resides
at 6903 W. Route 120, McHenry, Illinois, and/or GLENN R.
EPPEL, who resides at 7003 W. Route 120, McHenry, Illinois,
shall vacate the homes which they currently occupy, McHENRY
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SAND & GRAVEL will maintain said home(s) for a reasonable
period of time to allow toe Landmark Commission and/or the
Illinois Historical Society an opportunity to inspect and
examine said home(s) to determine whether or not they warrant
preservation. In the event said Commission or Society
determines they should be preserved, said Commission or
Society will be given a reasonable period of time to remove it
or them from its or their existing location(s) at said
Commission or Society's sole expense.
18. In the event either the GLACIER RIDGE PROPERTY OWNERS
ASSOCIATION or the WOOD CREEK HOMEOWNERS ASSOCIATION dissolves
or is declared bankrupt, title to the premises conveyed to the
respective ASSOCIATION shall automatically revert to and vest
in the City of McHenry to be used for public purposes.
19. Notwithstanding the twenty (20) year term of this
Agreement, the OWNERS agree 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 preceding month as follows:
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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 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,.
20. McHENRY SAND & GRAVEL agrees to lend its full support
and cooperation to any request by the CITY to the Northeastern
Illinois Planning Commission and/or the Illinois Environmental
Protection Agency for an amendment of the City of McHenry
Facility Plan Area Boundary so as to include therein all of the
territory annexed hereby and, in addition thereto, to reimburse
the CITY upon its request for all of its costs and expenses
incurred in connection with such proceedings including, but not
limited to, engineering, attorney's and expert witness fees,
court reporter, deposition, and documentation expenses.
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21. OWNERS agree that nothing contained in this Agreement is
intended to limit, restrict or in any way impair the discretion,
right, power or ability of the CITY to pass and adopt new or
different ordinances, regulations and fees of any kind or nature
whatsoever after the execution of this Agreement, and OWNERS
further agree that any such new or different ordinances,
regulations or fees shall apply in full and without limitations
to and upon the subject property, except as may otherwise be
specified in this Agreement.
22. 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.
23. 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, described in paragraph 14 of this
Agreement, the CITY, its Corporate Authorities and their
successors in office.
IN WITNESS WHEREOF the CORPORATE AUTHORITIES and the OWNERS
have hereunto set their hands and seals and have caused this
instrument to be executed by their duly authorized officials and
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the corporate seal attached thereto, all on the day and year
first written above.
ATTEST:
City Clerk
(SEAL)
CITY OF MCHENRY
BY•
Its Mayor
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McHENRY SAND & GRAVEL CO.,
INC.,
B Y :
Its
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��
and-t��Lr.f1.I�-�-
personally known to me to be
the y „�,�,c_1 rc� and d•`�t.v�r
respectively of McHENRY SAND & GRAVEL COMPANY, 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 �2,-��zt1��t and
of said corporation, they signed and
delivered,�the said instrument and that the jtA
caused the corporate seal of the corporation to be atfixed
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:
Notary Public
SWIM
McHENRY STATE BANK, not
individually, but as Trustee
under Trust Agreement dated
January 14, 1983, and known
as Trust No./ 670
B Y :
Itz Vince Pres. & Trust Officer
ATTEST:
Its Trust Officer
STATE OF ILLINOIS)
)SS
COUNTY OF Mc:HENRY)
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certi that Philip S. King
state
, Vice President/S�f cHENRY STATE BANK, a
banking association, and Gerald Helt ,
- Trust Officer of said state banking association,
personally known to me to be the same persons, whose names
are subscribed to the foregoing instrument as such
Vice -President and Trust Officer respectively,
appeared before me this day in person and acknowledged that
they signed and delivered the said instrument as their own
free and voluntary acts, and as the free and voluntary act of
said state banking association, as Trustee, for the uses and
purposes therein set forth and the said Trust
Officer did also then and there acknowledge that he , as
custodian of the corporate seal of said state banking
association, did affix the said corporate seal of said state
banking association to said instrument as his own free
and voluntary act, and as the free and voluntary act of said
state banking association, as Trustee, for the uses and
purposes therein set forth.
Given Linder my hand and Notarial Seal this 18th day
of April , 19 88.
Commission Expires:
Notary Public
-19-
McHENRY STATE BANK, not
individually, but as Trustee
under Trust Agreement dated
August 1, 1980, and known
as Trust No-. 17 �
S
B Y :
Its 'Vi e'Pres. & Sri Trust Officer
ATT ST:
f�i�eJ�-O(ti�tA
Its Trust: Officer
STATE OF ILLINOIS)
)SS
COUNTY OF Mc -HENRY)
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby cerg ��at Philip S. King
, Vice President f 1c NRY STATE BANK, a
state banking association, and Gerald Helt ,
Trust Officer of said state banking association,
personally known to me to be the same persons, whose names
are subscribed to the foregoing instrument as such
Vice -President and Trust Officer respectively,
appeared before me this day in person and acknowledged that
they signed and delivered the said instrument as their own
free and voluntary acts, and as the free and voluntary act of
said state banking association, as Trustee, for the uses and
purposes therein set forth and the said Assistant Trust
Officer did also then and there acknowledge that he as
custodian of the corporate seal of said state banking
association, did affix the said corporate seal of said state
banking association to said instrument as his, own free
and voluntary act, and as the free and voluntary act of said
state banking association, as Trustee, for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal this 18th day
of April , 19 88.
Notary Public
Commission Expires:
6650R
-20-
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41
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vpEXHIBIT
RECLAMATION PLAN
WEST QUARRY
OPERATION
McHENRY SAND AND GRAVEL COMPANY
MCHENRY, ILLINOIS
OCTOBER, 1987
ASSOCIATED PLANNERS, 21 1 DEAN ST. P.O. BOX 988, WOODSTOCK, IL 60098
Robert D Grossman. AICP 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 I1-v (Fleavy 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 nE�ar 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 years. 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 greatest 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 fool: 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
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 reclamation 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-
sectio.ns 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 ride 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 ele-Vations has been
-4-
I
77N
WEST OPERATION TOPOGRAPHY
constructed to serve as a buffer for the residential areas
to the south. At the eastern edge this berm will be approx-
imately 50 feet high. Alf berms will be constructed with a one-
to-one (ten feet high and 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 :tine 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 .(green) 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" = 100'. 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.
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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 nE!w 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, crol'Dland 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 t(D 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 recomended. At the base of the berms, bramble rose ground
cover should be.used. See Reclamation Detail, Exhibit 6.
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PHASE II
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PHASE IV PHASE V
PHASE VIII
PHASE IX
PHASE VI
PHASE X
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PHASE III
PHASE VII
FINAL PHASE
MCH".r Sunda &avo Mba
NOR" RECLAMATION PLAN rJ 10,87
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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
sence 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-
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WEST OPERATION RECLAMATION CROSSECTIONS
ENTRANCE DETAIL
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.
i
l
CITY OF McHENRY ZONING STANDARDS
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
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
ii
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 a 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 U. 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
111
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-
iv
ization of surface water run-off. Acceleration
and decellerration lanes will be provided as required
by the State of Illinois. These facilities are
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
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 Jeave.-
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
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 1261. All sand
v
and gravel materials are deposited an a thick bed
of hard blue clay. There are several depressions
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 of 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.
i
This upper strata is shown on the Crossections
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
i
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,
s
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
vii
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
i difficult to predict since the quality of the sand
and gravel deposits vary from one location to
the next.
f� 7. Processing equipment at the plant will be "state of
i
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
1
noise, dust and vibration. At the operation face
l
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.
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.
11. 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
ix
other factors. At 10 acres a year, it will take
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.
8. COMPLIANCE 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.
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. INSPECTION
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
1. WATER TABLE
Maximum excavation depth shall not be below existing groundwater
except where the Reclamation Plan provides for a water feature or for
refilling 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"
G
Operation of
Crushers
Washing of
Gravel
All Other Operations
including Loading &
Maintenance
4 COTI 1 ACC
Sundays or
Legal State or
National Hol idays
At no time
At no time
At no time
Al 1
Other
Times
6 AM to 6 PM
All hours
(electric pumps only)
5AMto8PM
Trucks hauling 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 1-east 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
h. 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.
CWhere a lot line of a mining operation abuts the boundary of a
Residential District, the berm shall be a minimum of 50 feet from that
boundary.
Trees a minimum 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.
S. ENTRANCES
A maximum of one entrance and one exit onto public streets shall be
provided.
�s 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
oiled or sprayed with calcium chloride or a similar 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
publ is streets.
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7. STAGED REMOVAL OF OVERBURDEN
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 whbre excavation is complete and that is not
being used for material storage.
8. 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 line of any
school or hospital
750 Boundary of any non -industrial
district or property 1 ine of any
school or hospital
100 Boundary of any non -industrial
district or property 1 ine 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 1 of lines 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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