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<br />. <br /> <br />. <br /> <br />. <br /> <br />Planning Commission Minutes <br />August 24, 2004 <br /> <br />Page 3 <br /> <br />Group, Inc. on the project. Staff recommends approval of the request under the conditions <br />in the conditional use permit attached to the staff report dated August 24, 2004. <br /> <br />Ms. Haug explained the request by J & B Mining for a rezoning of the proposed mining area <br />from A1 (Agricultural Conservation) to ME (Mineral Excavation Overlay). She stated that <br />staff recommends approval of the rezoning based on the findings listed in the staff report <br />dated August 24, 2004. <br /> <br />Commissioner Offerman asked if it would be appropriate to add a condition regarding no <br />dewatering to this conditional use permit, as well. Mr. Rohlf stated yes. Mr. Rohlf explained <br />the dragline process that would be used to mine. He noted that if the applicant requested <br />approval for dewatering, a new review process would be required. <br /> <br />Commissioner Offerman asked if the construction on Highway 169 is related to this request. <br />Mr. Rohlf stated no, and explained that the new access construction is for a new mining <br />operation in Livonia Township. He stated that the applicant will use the existing access. <br /> <br />Commissioner Stevens asked how often the mining operations are inspected. Mr. Rohlf <br />stated that they are inspected prior to work commencing, and then once a year or if a spill <br />occurs. He noted that they have the right to inspect at the Landfill at any time, but that they <br />usually inspect it in early June. <br /> <br />Commissioner Ropp asked what kind of assurance the City has that no dewatering will occur <br />and what mechanism is in place to alert the City if it does. <br /> <br />The consultant for the project explained that in addition to the monitoring, they have done <br />soil borings to determine whether or not the water table is perched. He explained that while <br />the mining is taking place, the wells are monitored monthly for contaminants, but also to <br />monitor the water level. <br /> <br />Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed <br />the public hearing. <br /> <br />Commissioner Stevens stated that he had no issues with the request, but that he would like <br />to see the City take a proactive approach and set up inspections ahead of time. <br /> <br />Commissioner Offerman stated his support for approval of the conditional use permit and <br />rezorung. <br /> <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE <br />REQUEST BY J & B MINING FORA REZONING OF CERTAIN PROPERTY <br />FROM A1 (AGRICULTURAL CONSERVATION) TO ME (MINERAL <br />EXCAVATION OVERLAY). MOTION CARRIED 6-0. <br /> <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE <br />REQUEST BY J & B MINING FORA CONDITIONAL USE PERMIT FOR <br />MINERAL AND PEAT EXCAVATION, CASE NO. CU 04-21, WITH THE <br />CONDTIONS OUTLINED IN THE CONDITIONAL USE PERMIT <br />PREPARED BY STAFF; AND TO INCLUDE THE FOLLOWING CONDITION: <br />