WHITE OAK TOWNSHIP
INGHAM COUNTY, MICHIGAN
SPECIAL USE PERMIT NUMBER 2000-01
WHITE OAK TOWNSHIP, hereinafter “Township,” herewith grants this Special Use Permit to Joe Raica, 3640 Nicholson Road, Fowlerville, Michigan 48836, hereinafter “Permittee,” to be effective on the date all conditions precedent are met, to excavate soil and minerals on the site described herein, and to engage in rehabilitation thereof as provided in the permit application and the plans and specifications prepared on behalf of Permittee by Landscape Architects Planners and A. Bauer (Reclamation Design Services), which application and “Plans” are incorporated herein by reference.
I. PERMIT SITE.
A 68 plus/minus acre parcel of land fronting on Swan Road, Ingham County, Michigan described as, the East ½ of the North West 1/4 of Section 32, T2N, R2E, White Oak Township, EXCEPT commencing at the Southwest corner of the East 1/2 of the Northwest 1/4 of said Section; thence North 660 feet; thence East 660 feet; thence South 660 feet; thence West 660 feet to the place of beginning.
ALSO EXCEPT, commencing at the center of Section 32, T2N, R2E, White Oak Township, thence West along the East-West 1/4 line of said Section 32, a distance of 357.92 feet to the place of beginning; thence N 0°08’30” East a distance of 225.25 feet; thence North 89°14’21” West a distance of 321.80 feet, thence South 03°45’10” East a distance of 230.00 feet to the East-West 1/4 line of said Section 32; thence East a distance of 305.00 feet to the place of beginning.
II. CONDITIONS PRECEDENT TO THE EFFECTIVE DATE OF THIS PERMIT:
Prior to commencement of operations, the following items shall be completed:
- Fencing. Permittee shall install fencing around the property and gates shown on the Plans, which the fencing shall meet or exceed the requirements of the Township’s Zoning Ordinance, Section 4.22E.1.a. Entrance gate will be 400 feet back off Swan Road and the gate will be locked during non-working hours.
B. Warning Signs. Permittee shall install and maintain warning signs on the fencing required herein in accordance with Section 4.22E.1.a-c, with signs being durable and weather proof of not less than two (2) square feet in size, which give, in not less than 2 inch lettering, the warning: “KEEP OUT – DANGER” not more than two hundred (200) feet apart.
- Roadways. Permittee shall construct roadways for the purpose of ingress and egress into the site, with a hard surface of cement, bituminous substance paved to a distance of four hundred feet (400) from Swan Road, as set forth in Permittee’s application. Entrance will meet Ingham County Road Commission requirements. Thereafter, said roadway shall be maintained in a serviceable condition and kept dust free as required by the Township’s Zoning Ordinance.
D. Financial Guarantees. Pursuant to Section 4.22F, Permittee shall provide a financial guarantee in the form of a surety bond issued by an insurance/surety company licensed to do business in the State of Michigan, guaranteeing Permittee’s performance of each and every obligation of the Permittee as required herein. Based upon the scope of the work, cost of rehabilitation and/or reclamation, estimated expense to compel compliance and to enforce Permittee’s obligations hereunder, said surety bond shall be in amount of $60,000 for the first year of operation. Thereafter, the amount shall increase or decrease at a rate of $3,000 per acre of disturbed land, based upon a determination of existing land disturbed, estimated land to be disturbed during the next year, and upon the estimated land to be reclaimed the next year. The determination will be made at the annual inspection. At no time during the life of the operation shall the surety bond be less than $30,000. Said bond shall run for the duration of the Permit and any extension thereof and shall not expire until all obligations have ceased and the property is restored, rehabilitated and reclaimed as set forth in the Plans and this Permit and until all expenditures made by the Township in the enforcement hereof and the terms of said bond have been reimbursed in full. That said bond remain in effect until one (1) year after certification by the Building and Zoning Department of the site being totally rehabilitated according to the approved plans on file. The release of the bond or any portion thereof shall require a resolution of the Board of Trustees. The proposed surety bond shall be submitted to the Township attorney for review and approval prior to commencement of activities pursuant to this Permit.
- In addition to the above guarantee, a cash fund in the amount of $3,000 shall be maintained through the life of the permit. The amount shall be replenished by the applicant on an annual basis. It shall be deposited with White Oak Township for special fees, inspection costs, engineering fees for site plan review, or other costs incurred by White Oak Township in assuring compliance with the Special Use permit. These funds shall be held in escrow by White Oak Township until such time as fees, inspections, or costs will no longer be incurred as a result of the issuance of said Special Use Permit. Any funds not spent for designated purposes are to be refunded to the Permittee upon completion of rehabilitation.
E. Additional Consents.
Permittee shall obtain and file with the Township:
I) A Copy of any required soil, erosion and sedimentation permit. That the requirements of the Department of Environmental Quality and Ingham County Drain Commission are met and adhered to, both prior to and during operations, and that written verification of compliance with Drain Commission and DEQ requirements be required at the conclusion of operations as a prerequisite to release of the Permittee from obligations under this permit.
II) Evidence of a bond or other form of guarantee required by the Ingham County Road Commission and/or Michigan Department of Transportation regarding the use of Swan Road to M-52 and Swan Road to Dietz Road to Carter Road as the haul routes.
III) Evidence indicating that the requirements of any other agency having jurisdiction have been met and adhered to prior to commencement of operations.
IV) The names(s) and telephone number(s) of person(s) available on a twenty-four (24) basis to whom the Township or any interested party may report emergencies of any kind or nature pertaining to the operation and condition of said site. In addition, Permittee shall post a 24 hour emergency telephone number on the main entrance gate.
V) Evidence that all internal roadways, as shown on the Plans and as required by the Township’s Zoning Ordinance and this Permit, have been constructed and inspected prior to commencement of operation.
III PLAN MODIFICATIONS. The Plans shall be modified to provide a grade elevation benchmark or, in the alternative, topographical data shall be redrafted to reflect grade elevations and final grade elevations in relation to sea level.
IV. CONDITIONS RELATIVE TO OPERATION:
A. Dust. Dust control measures shall be diligently adhered to and applied, as represented by the Applicant and as required by Section 13.4B of the Township’s Zoning Ordinance, to ensure the abatement of airborne dust being a nuisance to surrounding property owners. It is intended that this condition shall be construed to eliminate airborne dust beyond the property line to virtually zero and the applicant shall employ whatever methods which may be necessary to achieve compliance with said standard.
B. Vibration. Antivibration measures shall be diligently adhered to and applied as required by the Township Zoning Ordinance, Section 13.4E. It is intended that this condition be construed to eliminate vibration beyond the property line to virtually zero, and the Applicant shall employ whatever methods may be necessary to achieve compliance.
C. Noise. Noise control measures shall be diligently adhered to and applied as represented by Applicant and as required by Section 13.4.A of the Township’s Zoning Ordinance. That the Permittee shall, at all times, diligently maintain in good working order all noise suppression devices and equipment on earth moving equipment utilized in conjunction with operations permitted under this permit. No mining equipment would be closer than 500 feet from any resident. All processing equipment will be operated at the lowest grade on the site above the water table. In addition, berms will be placed per approved drawings. Requires the planting of 3 to 8 foot trees on all berms every 15 feet apart. Trees bought in from off site for transplanting need to be 2 to 3 feet tall.
D. Hours of Operation. The use permitted herein is limited to hours of operation between 7:00 a.m. to 6:00 p.m. Monday through Friday, and between the hours of 7:00 a.m. to 1:00 p.m. on Saturdays. No work shall be permitted on the following holidays: New Year’s Day, President’s Day, Memorial Day, Good Friday, the Fourth of July, Labor Day, Veterans Day, Martin Luther King Day, Thanksgiving Day, and Christmas Day. Any use of the site is specifically prohibited on Sundays. On Saturdays you are prohibited from doing any crushing, screening, and using of conveyors.
E. Haul Route. The haul route for the operation permitted herein is principally limited to Swan Road East to M-52; and Swan Road East to Dietz Road North to Carter Road provided, however, that truck traffic shall not conflict with safe and normal vehicular or pedestrian traffic routes and flows. It is expressly understood that, due to the terrain and width of Swan Road, exact location of the entrance to said site shall be as directed by the Ingham County Road Commission or its designee and that this permit may be modified at any time by Resolution of the Township Board requiring Permittee to forego entrance and departure during certain specified times so as not to interfere with vehicular transportation of school children, and otherwise to achieve compliance with Section 4.39.G.7 of its Zoning Ordinance.
F. Parking of Vehicles Off Site Prohibited. No trucks or gravel trains shall be parked or left standing on any public roadway while waiting for entry into the site described herein. Adequate on site parking shall be provided by Permittee.
G. Dewatering. Dewatering of the site shall not be permitted.
1. Permittee shall install a monitoring well on the property for the purpose of measuring the elevation of the ground water; and will maintain a monthly record of the ground water elevation that will be used as the basis for measuring the impact of mining and creation of 24 acre lake on nearby wells.
V. GENERAL PERMIT CONDITIONS.
A. Except as otherwise provided herein, all representations of Permittee in connection with its application shall be deemed as continuing representations and incorporated herein by reference as if fully set forth. Further, all conditions and representations contained in the Plans previously submitted or hereafter modified are incorporated by reference as specific conditions of this Permit. Further, in interpreting this Permit, if any provisions in Permittee’s application and the terms of this Permit and/or the Township’s Zoning Ordinance shall be deemed in conflict, the terms and conditions requiring the most stringent obligations of Permittee shall be deemed to apply.
B. All setbacks and operational requirements contained in the Township’s Zoning Ordinance not specifically mentioned herein shall be deemed incorporated herein by reference.
C. Initial Term, Renewal and Assignability. This permit is granted for an initial period of one (1) year and may be renewed annually, subject to the following terms and conditions:
- Permittee’s request for renewal shall be submitted in writing to the Township Board of Trustees along with applicant’s submission or a progress report on the status of operations to date not less than forty-five (45) days prior to the expiration of the permit year then in effect.
- The application for renewal shall demonstrate continued compliance with the terms of this Permit and all standards and criteria incorporated herein by reference.
- Renewal shall be conditioned upon an inspection and favorable report of the Township’s Zoning Administrator and Supervisor relating to the past year’s operations and compliance of the site with all permit requirements, including rehabilitation, reclamation and achievement of final grade elevations and seeding in completed areas. Permittee shall request and arrange for said inspection in a timely manner with the 45 day period described above.
- Permittee’s renewal application shall include a non-refundable fee for cost of compliance investigation in the amount of $250.
- No renewal shall be granted unless Permittee has paid all real/personal property taxes applicable to equipment and personalty located on said site.
D. Transfer of Permit. This permit shall not be transferable without the approval of the White Oak Township Board of Trustees. All requests for transfer must be made in writing and shall include a representation or commitment by the proposed transferee that said transferee will abide by all terms and condiditons of the permit and any new or additional terms deemed necessary by the Board at the time of transfer to safeguard the public interest. No transfer shall be deemed effective unless and until adequate financial guarantees as required herein have been supplied in advance to the Township.
E. Periodic Inspections. The site shall, during hours of operation, be open and available to representatives of the Township for the purpose of conducting a compliance inspection, as may be deemed appropriate by the Township. Access to said site, except in case of emergency, during non-operating hours, shall be arranged in advance.
F. Revocation of Permit. Violation of this Permit, the Township’s Zoning Ordinance, Permittee’s application and/or Plan shall be cause for revocation of this Permit.
G. Reclamation/Rehabilitation. Final compliance with approved grades and plans for purposes of reclamation and rehabilitation certification by the Township shall be certified by a licensed surveyor.
This Special Use Permit shall become effective on the date all conditions precedent have been met and shall be endorsed in the space provided below.
WHITE OAK TOWNSHIP
By: Original signed by_____
By: Original signed by_____
ACKNOWLEDGMENT AND RECEIPT
The undersigned Permittee herewith acknowledges receipt of a copy of the above Permit this 10th day of May, 2000.
By: Original signed by____
d/b/a JR Sand and Gravel