Gravel quarry plan generates controversy

By NEIL JOHNSON ( Contact )   Monday, Jan. 30, 2012
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— Jace Vegter bought his one-story ranch home along Klug Road two years ago because he liked the rolling hills and the mix of nearby farmland, woods and marshes.

Vegter, 27, likes the peace and quiet of his property at 9704 N. Klug Road, which is adjacent to Storrs Lake Wildlife Area, a state wetland just northeast of Milton. From his back patio, he can grill and watch sandhill cranes as they fly in and out of the marshes.

But just to the east, in an area in plain view of Vegter's backyard, a 137-acre parcel of farmland and woods holds a trove of sand and gravel. There, next to the hills and wetlands along Klug Road, is a glacial outwash. A gravel quarry developer says the site is loaded with dolamitic rock—an ideal material for road building.

Elkhorn sand and gravel company B.R. Amon and Sons and a landowner are seeking a conditional-use permit from the town of Milton that would allow the company to mine 68 acres on the parcel and set up operations on site for gravel crushing and washing and concrete mixing.

Amon says a quarry along Klug Road would position his company to win state contracts to supply material for parts of the pending Highway 26 bypass project.

Vegter is among a group of residents calling itself "Friends & Neighbors Opposed to Klug Road Gravel Pit and Concrete Plan." The group's members, many of whom live along Klug Road, say the quarry would create heavy truck traffic, noise and dust. They argue it could hurt their quality of life and their property values and have an impact on wildlife at nearby wetlands.

"The peaceful setting out here is going to be totally transformed," Vegter said in an interview.

The group is organizing petitions against the quarry, and residents pressed town officials at a public hearing Jan. 9 to take a deeper look at the plan. The town's planning and zoning commission could give the board a recommendation as early as Feb. 13 on whether to grant the company a conditional-use permit for the quarry.

A plan opposed

Amon and Sons has a land-lease agreement with the Harold Traynor Trust, which owns the parcel where the quarry is proposed. The property is zoned for agriculture. Under the town's ordinances, sand and gravel mining is an acceptable agriculture use.

According to plans filed with the town of Milton, Amon and Sons is proposing an access road from the quarry onto Klug Road. The company would route trucks loaded with rock onto Klug Road, and the trucks would travel three-quarters of a mile north to County N. Trucks would pass several residences and Camp Wakonda, a youth summer camp located north of the proposed quarry.

If the quarry is used to fuel construction of the Highway 26 bypass, plans show it could run from 6 a.m. to 6 p.m. Monday through Friday, with additional hours on Saturdays.

Some residents along Klug Road say they oppose heavy truck traffic on Klug Road because of the potential for noise and danger to families and youths at Camp Wakonda.

Amon and Sons and town officials are examining an alternative: an access road north through property owned by the Harold Traynor Trust. That would allow trucks from the quarry to exit straight onto County N, instead of Klug Road.

Under other plans, developers would remove trees on the quarry site and dig wells for sand washing ponds and other operations at the plant, including cement-production operations and sediment storage areas.

Although the company would keep excavation at the quarry at or above marsh level, Mike Foy, a DNR official who manages Storrs Lake Wildlife Area, told town of Milton officials Jan. 9 that noise and land disturbances at the quarry site would likely have a short-term impact on birds and wildlife.

Vegter worries the noise would permanently scare away the sandhill cranes that he sees regularly.

"They're very skittish creatures," Vegter said.

Linda Schalk, who lives on Klug Road adjacent to the proposed quarry and is a member of the group opposing the quarry, has a vineyard that produces grapes for area wineries. Schalk is worried that dust from quarry operations could damage her grape crop.

Meanwhile, residents along Klug Road seek to learn if the quarry plan could require an environmental impact study, or whether any parts of the plan conflict with town ordinances.

"This is like an onion, and we're going to peel back each layer of it so that we can know if it's going according to law," said Brandon Crandall, who is affiliated with Camp Wakonda.

An 'inalienable' right?

Company President Tom Amon said the company searched the area thoroughly for gravel deposits, and there are no other areas near the planned bypass that have enough or suitable gravel for road building.

"That's where the glacier put it," Amon said.

If his company had a town permit in place before March or April, Amon said, it could compete for early phases of the bypass project. If not, Amon said, the site has enough gravel to supply material for parts of the Highway 26 bypass over the next three years.

If Amon and Sons were awarded state road contracts, it would be required by law to upgrade and repair roads it uses to transport gravel, officials said. The company also would have to submit to state well and water testing at the quarry and supply a reclamation plan to return the site to farmland.

The company also plans to create temporary soil berms to cut down on noise and visibility of the quarry.

Town of Milton Chairman Bryan Meyer said he's studied the option of a quarry access road on County N instead of Klug Road. He said Rock County Highway Department officials indicated the alternative would meet minimum standards of visibility and distance from other entrances.

That would require a DNR permit, Meyer said.

Meyer said it's possible the town board could approve the quarry Feb. 13, but it would likely be with certain provisions.

Meyer said the town is reviewing individual concerns of residents to determine whether the concerns can be satisfied. But he called the request for a conditional-use permit for the quarry "inalienable," explaining that it's allowable under town rules.

"Property owners have a right to use the land. Neighbors have rights not to be harmed," Meyer said. "It's a gray area."

reader COMMENTS
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(22)
Shopierehuh
Feb 10, 2012 at 4:38 p.m.
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partarican1, sigma is unable to understand the whole picture here, I am always surprised at the amount of off the cuff remarks that some people make on some these issues. As you are aware of, these type of sand and gravel deposits are typically 30-50 feet deep in this area. They dig it out until they hit bedrock (limestone here). Now there is a 30-50 foot hole in the ground that usually collects water. No, sigma, putting the 2 or 3 feet of topsoil onto the bedrock on the bottom of a 50 feet deep hole in the ground is not quite putting the site back to original.

I believe this site is something like 68 acres, just for a rough guess, this might take 20 or more years to deplete the deposits, if that is what the miners have in mind. Then there would be another 20 or more years of dump trucks bringing in "clean" fill to fill in the hole before the topsoil would be reapplied.

partarican1
Feb 8, 2012 at 7:46 p.m.
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Sigma40_scraping the soil aside and placing it on top of bedrock is not the same as having soil on top of sand and gravel...there will be no soil profile, and most any fertilizer or pesticide will cause major problems in the watershed...

Ezoner
Jan 31, 2012 at 12:06 p.m.
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OMG -- here we go again --- the same people that would vote for more tax dollars , more infrastructre investment, etc.... But dont do that in my backyard.... only if its somehwere else. Here is a business, that will employ people, wanting to build a site. Where the heck do people think the materials come from ----??? They just float here from the moon?

Sigma40
Jan 31, 2012 at 11:58 a.m.
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partarican1 - its actually really simple. They scrape away all the good dirt on top, put it in a pile. Mine all the stuff below it. Then smooth it all back out and take the pile of good dirt and put back on top. They do it all over the world.

Sigma40
Jan 31, 2012 at 11:55 a.m.
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Unless Jace owns the rolling hills and farmland he should shut up. Its a free country and the owners of land should be able to do as they please.

partarican1
Jan 31, 2012 at 10:54 a.m.
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I want to see the plan for how they will turn a pit back into farmland...

bebe53
Jan 31, 2012 at 10:28 a.m.
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And how do you know whether or not this personally affects me???

bebe53
Jan 31, 2012 at 10:27 a.m.
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"questionable behavior"-where? Sounds like the company is trying to comply with the township-that is questionable behavior? Sounds to me like the questionable behavior is accusing the company without any proof just to be obstructionist.

neighbors
Jan 31, 2012 at 10:18 a.m.
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bebe53, so your position is that this article in the Gazette, which by the way is a fine article, tells the whole story? You feel comfortable making comments about buckets of details, of which you are not familiar and just guessing here, do not personally affect you? This is a very serious issue, on so many levels: an onion that when peeled, continues to reveal unbelievable surprises and questionable behavior.

bebe53
Jan 31, 2012 at 10:02 a.m.
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I do not see where the company is asking for "regulations to be overlooked". Looks loke they are trying to comply with the township and the appropriate regulations-isn't that what we want?

partarican1
Jan 31, 2012 at 9:47 a.m.
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wow, neighbors! glad to see you've done your homework on this :)
bebe53-no one insulted you, so what's the deal? of course we need jobs, but why should regulations be overlooked? this company did not promise jobs anywhere in the article...this company does not have a contract with the highway project, and it wants the town to overlook zoning ordinances to move forward with the project...sounds like the new mining legislation at the local level...nowhere does it state in the article that it will bring jobs to the area...this project will go on with or without this company setting up shop on Klug Road...
My husband and I monitor Otter Creek at Klug Road just north of Camp Waconda; if this project goes through we will be able to measure any difference in water quality, and for the record, I am against this gravel mine...

bebe53
Jan 31, 2012 at 9:30 a.m.
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typical leftist complaints-want jobs,economic development etc.etc- but then follow with all the usual NIMBY protestations

neighbors
Jan 31, 2012 at 9:29 a.m.
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from 1/30 Gazette article: "Meyer said the town is reviewing individual concerns of residents to determine whether the concerns can be satisfied. But he called the request for a conditional-use permit for the quarry "inalienable," explaining that it's allowable under town rules.

"Property owners have a right to use the land. Neighbors have rights not to be harmed," Meyer said. "It's a gray area."

Gravel pits are NOT "inalienable," & neighbors rights are not a "grey area", Mr. Meyer. Gravel pits are a conditional use zoning issue where the burden of proof rests on the Town Board to prove (among other things) 5.6: Milton Town Zoning, (B) That there are no alternative locations available. (E) That the proposed use will not have a negative impact on water or air quality, soil erosion, and rare or irreplaceable natural resources." Also 5.5: (B) That the proposed use is compatible with existing or future roads giving access to it. (C) That the proposed use is in harmony with future development in the neighborhood and local area. (F) That the proposed use is compatible with the public interest, the purpose and intent of the Ordinance, and substantial justice to all parties concerned.

In addition, the burden of proof rests on the shoulders of Milton Town Planning & Zoning, as per Zoning sec 12.0 - 12.2 Air Pollution, 12.9 Vibration & 12.10: Water Quality Protection. As per the previous Milton Town Board in reference to the proposed Hanlon gravel pit, an Environmental Impact Study MUST be completed before any decision can be made on this matter.

But beyond all of that...it is the Milton Town Board's duty to uphold the current zoning on the land in question. Most of this land is protected under C-1: Conservation District, SO: Shoreline Overlay and SP:Special Purpose, as per the official Milton Town Map, which was last updated in November 2011. None of this special zoning was been changed or nullified by the Milton Town Board and there is a specific lengthy process to do so. A wave of the hand and proclamation in a public meeting of the board chair, Mr. Meyer does not make this zoning go away. Any use of this land outside of the restrictions of this special zoning is illegal!

JCK
Jan 31, 2012 at 9:01 a.m.
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Carlito...."If Amon and Sons were awarded state road contracts, it would be required by law to upgrade and repair roads it uses to transport gravel, officials said."

carlitosway
Jan 31, 2012 at 8:26 a.m.
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Will they pay for the Klug Road repair after they tear it up with their heavy equipment or will that burden fall on the tax payers? Yes it would be nice to have local material for the project Yet to destroy the roads near by doing so to rebuild another is kind of crazy. Also to detroy the tranquility of peaceful living is not right either. people buy homes in areas like this to enjoy the private quiet life and to see the nature of it that God has shared. BTW, who are the ones that really profit from this?

bucky12345
Jan 31, 2012 at 7:35 a.m.
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We all know this will increase the property values for all those lucky home owners who will live near the mine. Now if some company would just site a large farm operation here too.....

Opinionsforfree
Jan 30, 2012 at 10:43 p.m.
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bring it to Janesville. Janesville could use some jobs

nicksmom
Jan 30, 2012 at 10:12 p.m.
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I live in a well to do area with a quarry right near my home. It's fine. They worked with the city & are good neighbors & good business.

partarican1
Jan 30, 2012 at 9:07 p.m.
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not sure how any mining company can return great farmland to great farmland when they remove the great farmland to get at the sand & gravel...

nemesis
Jan 30, 2012 at 5:49 p.m.
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Do any of the town board members currently have or would have a financial interest in Amon and Sons if this gravel pit goes in? Just askin'.

youkillme
Jan 30, 2012 at 4:18 p.m.
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If a republican legislator lived near this project, they'd show you what real inalienable rights look like and shut it down in a heartbeat. Like they did with this CAFO near their home.
http://host.madison.com/ct/news/local/go...

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