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Residents object to fourth new gravel pit in their one rural mile

Lead Summary
By
Lori Sorenson

The Rock County Board of Commissioners took action on a series of gravel mining permits at their April 2 meeting following recommendations by the county Planning and Zoning Board.
One of the proposed mining operations drew public comment at the March 25 public hearing.
Duininck Inc., Prinsburg, applied for a conditional use permit to open a new gravel pit in Section 29 of Battle Plain Township.
It will be the fourth active gravel mining operation permitted in a one-mile radius of Bryan and Mavis Fodness, who live on the township road (170th Avenue) used for a good share of the hauling.
This new pit will be a mile southwest of an already permitted Duininck pit, and it’s within a mile of two other permitted operations — Central Specialties Inc., Alexandria, and Buffalo Ridge Concrete, Edgerton.
The Fodnesses objected to the new new pit — this one permitted for 77 acres — being opened in their neighborhood.
The zoning board recommended that the County Board approve the permit at the April 2 meeting that Mavis Fodness attended.
“This will be the fourth gravel pit along that mile,” she told commissioners. “That is the road I use every single day to get to and from my residence.”
 
Required vs. voluntary acts
She said Duininck in particular hasn’t been a good neighbor in terms of road maintenance, dust control and other nuisances.
While other gravel operators in her neighborhood have voluntarily reclaimed land as their pits are mined, she said no parts of Duininck’s operation have been reclaimed.
According to conditions on gravel permits, pits must be reclaimed once mining ceases, but there’s no clear definition of “ceased operations.”
An operator can keep applying for five-year permits on gravel pits that may or may not be actively mined. They’re not required to reclaim a pit unless the permit expires.
The Fodnesses moved back to the family farm in 2003, and since then Duininck applied for — and was granted — permits every five years.
Fodness has commented at previous public hearings for Duininck’s permit applications, but she said her concerns seem to have fallen on deaf ears.
That’s why she was disheartened to learn Duininck was opening a brand new pit in her neighborhood.
“… so if you allow them to open a new pit, what are the plans for reclaiming the existing one?” she asked. “If there are no plans to extract from it, are there plans to reclaim it?”
 
Rationale for business
There aren’t currently restrictions on the number of open and active pits an operator is allowed to have, and there is no limit on the number of times a permit can be renewed.
County Administrator Kyle Oldre questioned Duininck’s rationale for starting a new one.
“If you have an open pit to the north, why would you open another pit and have two open sores, as they’ve been called?” he asked Duininck engineer Jason Ver Steeg at the April 2 County Board meeting.
“Our long-term plan is to reclaim that pit to the north,” Ver Steeg said.
Duininck owns the land for the new permit, while it leases the land for the 25-acre pit to the north.
Ver Steeg offered additional reasons why gravel haulers keep open pits  — and open options.
He said new mandates for asphalt plants require six different types of aggregate to be used in the mix for road surfaces.
That means the extraction process requires a larger staging area for stockpiled materials and more areas to extract from, considering the varied aggregate materials are found at different levels of mining.
Commissioner Stan Williamson empathized with Fodness and also with gravel companies in general.
“I understand why you get all these permits, just in case you’re awarded a bid and need access to the gravel right away,” he said.
 
Price of progress
Fodness said that doesn’t change the fact that gravel operations directly affect their lives when hauling is in full swing.
“There’s a truck either coming or going every three to five minutes, and their permitted hours of operation are 6 a.m. to 8 p.m. every day,” she said.
“And that’s if only one pit is active. What’s going to happen if all four are active?”
She said she and her husband raise livestock, and opportunities for summer horseback riding are restricted by truck traffic.
“My summer is basically ruined every summer when they’re hauling from those pits,” Fodness said.
In addition to traffic, noise and dust, she said there are pollution issues that went unchecked for years when Duininck left a broken-down crane parked in a pit for nearly 10 years while it dripped oil.
That piece of equipment was moved two years ago after the Fodnesses repeatedly expressed concerns at public hearings when permits were due for renewal.
“The public reporting process is the only way anyone would know if the conditions are being met,” Fodness said.
“I’m not against gravel extraction, but clean up your mess. … It’s right next to the Rock River and it poses environmental concerns.”
She said she’s noticed operational differences between local haulers — like Pronk Ready Mix (now owned by Buffalo Ridge), who are sensitive to the impact their operation has on neighbors, and the operators that are headquartered in other parts of the state.
“Duininck doesn’t live in the area,” Fodness said. “They don’t care. They aren’t good neighbors.”
David and Brenda Vander Ziel live directly south of — and almost adjacent to — the new planned pit at the intersection of County Road 7 and 170th Avenue.
Their driveway opens to the blacktop road and they will benefit from an arrangement discussed with Ver Steeg at the March 25 conditional use hearing. Duininck has agreed to work with the Vander Ziels to grade drainage away from their residence, which has been prone to flooding.
 
Permits require conditions
Before voting on the permit April 2, commissioners reviewed the conditions of the permit as listed.
The permit holder must:
•comply with local weed statutes.
•control dust on the haul road and pit entrance road.
•operate between 6 a.m. and 8 p.m.
•keep extraction at least 100 feet from a property line and at least 500 feet from a residence, and operations must be at least 1,000 feet from a residential structure.
•have a road haul agreement with Battle Plain Township.
•not proceed until a storm water permit is issued.
“It’s important for you to be a good neighbor, and we would ask you to comply with the conditions of the use,” Board Chairman Greg Burger told Ver Steeg before calling the vote.
It passed unanimously with ayes from Burger, Williamson, Sherri Thompson, and Gary Overgaard. Commissioner Jody Reisch was absent.

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