Please log in, or sign up for a new account and purchase a subscription to continue reading.
Please log in, or sign up for a new account to continue reading.
Thank you for reading! We hope that you continue to enjoy our free content.
Welcome! We hope that you enjoy our free content.
Thank you for reading! On your next view you will be asked to log in or create an account to continue reading.
Thank you for reading! On your next view you will be asked to log in to your subscriber account or create an account and subscribe purchase a subscription to continue reading.
Thank you for signing in! We hope that you continue to enjoy our free content.
Thank you for reading! We hope that you continue to enjoy our free content.
Thank you for reading! We hope that you continue to enjoy our free content.
Thank you for reading! We hope that you continue to enjoy our free content.
Thank you for reading! We hope that you continue to enjoy our free content.
Thank you for reading! We hope that you continue to enjoy our free content.
Checking back? Since you viewed this item previously you can read it again.
Some clouds. Low 66F. Winds SSE at 10 to 15 mph..
Some clouds. Low 66F. Winds SSE at 10 to 15 mph.
Now, more than ever, the world needs trustworthy reporting—but good journalism isn’t free. Please support us by subscribing or making a contribution.
The fate of a conditional use permit (CUP) for a trap rock quarry in the Town of Osceola remains to be seen following a day of evidence and testimony last week. Testimony will conclude June 29 and a decision may come the same day or be delayed.
The Polk County Environmental Service Committee (ESC) held a public hearing June 1 at the Justice Center Community room in Balsam Lake to consider a CUP to establish a trap rock quarry in the Town of Osceola.
The CUP application was submitted by landowners Glyn and Cindy Thorman, James and Jeanne Rochford and Mike and Laura Loescher on behalf of the Blue Rock Quarry.
Polk County Zoning Administrator Jason Kjeseth, started the hearing with a discussion about the CUP application and the contents of the application.
“At conclusion of this hearing the committee may act on a conditional use permit request and the committee may also continue the public hearing,” explained Kjeseth. “A public notice was published in the local newspaper and a notice was also sent to property owners within 300 feet of all the parcels affected.
“Many of you are aware there was a similar application started back in October of 2008. There was an original CUP application request to rezone some of the land from commercial to agricultural,” he said, “The three parties involved were Glyn Thorman, James Rochford and William Johnson. There was a revision in 2009 and resubmitted. In 2010 a decision was made on that application. At that time, the application was denied.”
Kjeseth explained that the new application is requesting 10 acres in 10 years to start. Future growth would entail 30 acres over 30 years. The access would be off County Road F and MM, with possible access from both sides but some material could leave by rail as well.
The application also mentions three other nonmetallic mines close to the property. Dresser Trap Rock is 1.5 miles directly to the northwest of the property. That is an existing quarry with blasting and normal operations that you could see in the Blue Rock quarry if it is approved. Rite-way Gravel and Haas Gravel are both gravel pits that won’t be blasting. The gravel pits may have some crushing but that is the main difference. Rite-way is about one mile west of the proposed property. Haas Gravel is a quarter mile southeast of the proposed location.
“When we look at nonmetallic mines there are several regulatory branches and agencies that come into effect. I am going to clarify how each government unit works,” said Kjeseth, “The DNR has standards for sound, vibration (like blasting requirements) and stormwater that is handled through pollution discharge elimination permits. For Polk County Zoning we are looking at land use and whether or not that use is allowable for that zoning classification. We would be the ones to work on any conditions, enforce any conditions and we also take care of any private sanitary system and facilities.
“Polk County Land and Water Resources will review the application for the quarry. We have had a reclamation ordinance since 2001 and there is bonding requirements as a part of that plan. Our Land and Water also administers NR-151 for the stormwater management site (for example driveways, etc.)
“The Town of Osceola has a nuisance and noise ordinance, so if they had special decimal limitations that may apply, or anything they determine a nuisance is enforced by the Town of Osceola.
“In 2009 the Town enacted the Nonmetallic Mineral extraction mining license ordinance. It may come into play. And in 2017 the Village of Dresser and the Town of Osceola established a cooperative boundary agreement for extraterritorial zoning authority. Extraterritorial zoning usually applies within 1.5 miles of an incorporated city or village,” said Kjeseth. “The Village of Dresser does have that and the requested parcels are within a mile and a half.
“Any mine nonmetallic or metallic has to meet with the Mine Safety and Health Administration (MSHA) requirements. There are numerous requirements for mines and that is basically for the health and safety of the public around the area. For example having gated accesses, staff and operator trainings.”
The 2022 application lists the property as Parcels A (042-00294-0000) owned by Rochford, Inc. since 1946. Parcels B,C,D,G (042-00293-0000, 042-00297-0000,042-00297-0100, 042-00291-1000). Parcels B,C,D are partially split and owned by railroad.
Parcel G is owned by Bendithion, LLC. Prior to 2011 the property was owned by Glyn and Cindy Thorman.
Parcels E,F (042-00295-0000, 042-00289-0000) have been owned by Scarlet Stone, LLC since 2011. Prior to 2011, the property was owned by William Johnson.
In January of 2022 the ESC received a letter submitted by Rochford, Thorman, and Loescher thanking the committee for consideration of the agricultural CUP request to restart a former quarry operation, “That will bring revenue, jobs to Polk County and potentially benefit the parks, lakes and trails.”
The letter references a previous 2009 summary report from the Town of Osceola. “A previous report suggesting the positive and negative attributes was composed and presented by the Town Board consolidates a large volume of material into seven major categories. We believe the advantages and disadvantages listed along with our mitigation and alternatives is a good basis for reviewing the application…Some of the points have no mitigation required, others are refuted because of incorrect assumptions and others have prompted us to change conditions to meet various concerns.
“Today we find ourselves with a path to remove anti-quarry speculation via the WI 2017 Act 67 statute and the 2009 DNR Registration status issued/renewed for protecting the property will be heralded for what a natural resource protection’s intention really means. Beginning with ten acres of an active quarry operation over ten years…our new footprint removes concerns over Lotus Lake, private wells, and excessive noise. Operation will be on weekdays only, no nights or winter months.” The letter concludes, “We ask the ESC to follow the science from superior experts, follow the WI statute protecting and promoting registered mineral deposits and issue this permit.”
At the public hearing last week, the Blue Rock Quarry group submitted documentation to address the concerns expressed in the Town Summary report that denied the original application and provided mitigation measures. The new application includes some conditions that the applicants are willing to comply by.
“The 2009 Town of Osceola’s previous summary of strength and concerns have been responded to. Each of the seven elements are addressed and each were either mitigated, required no mitigation or were incorrect. This property is correctly zoned, has DNR Registration Status, has or will meet all required standards and limits and has used unquestionable, unbiased experts for assurance of the science. The benefits to the community and county are significant and include jobs and tax revenues.”
Comparing the 2009 quarry application, the 2022 application offers more reasons for approval. New mitigation measures suggested by Blue Rock are as follows: no night or weekend operation. Operation would take place between March 15th and November 15th. Hours of operation would be 7 a.m. to 6 p.m. Monday through Friday (exception for possible rail car loading).
Other mitigation measures include: 16” berms to the north and as needed for noise mitigation, creating a water settling basin constructed for run-off and processing water and reclamation plans will be provided.
The updated application explains there will be less than a 55dBA sound at any residence during the daytime. The site would be a 1300-foot active quarry minimum distance to any residence. The quarry depth will be at or above the surface grade of Lotus Lake and above any area wells. The request is for an initial 10-year period. Limited trucks will be used and primarily scheduled over three county highway routes.
Resolution from Town of Osceola 2009
A resolution from the Town of Osceola states, “On August 4 2009, Kraemer Mining and materials submitted a revised Special Exception Permit (SEP) application to operate a 61 acre quarry and 28 acre processing and stockpiling area on 187 acre total leased site in the Town of Osceola. On a five to one vote in September of 2009, the Town of Osceola Planning Commission recommended that The Town Board recommend denial of the revised SUP to the Polk County Land Information committee.
At the Town meeting in October of 2009 the Board considered the following information regarding the proposed quarry operation, which is subject to the revised SUP application. The following items were taken into consideration: noise, dust, truck traffic, private well concerns, incompatible land use concerns, residential density and finally incompatibility with the 1998 Land Use Plan.
The Town Board also reviewed the Polk County Zoning code which establishes criteria for review of SUP and provides that any approval shall be based upon such evidence…tending to show the desirability and undesirability of the public interest because of factors such as: smoke, dust, noxious and toxic gases and odors, noise, vibrations, operation of heavy equipment, heavy vehicular traffic and increased traffic.
At that time the Town found the SEP should be denied because the proposed quarry use will create undesirable conditions as listed above. The Board of Supervisors found that the above reasons for recommending the Land Information committee deny the proposed SEP application are supported in the record and further finds the proposed application would be contrary to the public health, safety and welfare. Therefore, based on the findings the Town Board recommended that Polk County Land Information committee deny the application.”
As mentioned previously in this article, during the public hearing in June, attendees were informed that the hearing could conclude buy the end of the day but if it is determined that more time or information is needed the hearing will be scheduled for another day.
Due to the extent of the materials being presented by the county and the applicants and due to the number of people registered to give testimony the ESC adjourned for the day. Another public hearing was scheduled for June 29, 2022.
The evidence that was submitted prior to the public hearing held on June 1, is the evidence that creates the public record. No additional evidence or requests for public comment will be accepted. The information contained in the record prior to June 1 is what the decision will be based on.
The SUN will have testimony from the first portion of the hearing in next week’s edition.
Your comment has been submitted.
There was a problem reporting this.
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language. PLEASE TURN OFF YOUR CAPS LOCK. Don't Threaten. Threats of harming another person will not be tolerated. Be Truthful. Don't knowingly lie about anyone or anything. Be Nice. No racism, sexism or any sort of -ism that is degrading to another person. Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts. Share with Us. We'd love to hear eyewitness accounts, the history behind an article.
We're always interested in hearing about news in our community. Let us know what's going on!
Sorry, there are no recent results for popular videos.
Sorry, there are no recent results for popular commented articles.