We are requesting that the Vassar Township Planning Commission and
Vassar Township Board of Trustees deny Mr. Robert Gilling’s request for Special
Use Permit 08-2013.
At the Vassar Township Planning Commission meeting on May 9, 2013, we
were asked if the Commission could deny this request. Please see below for research that can be
used to deny the request for a gravel pit/sand pit/quarry at 4165 Sheridan
Road, Vassar, MI 48768.
On July 20, 2012, Governor Rick Snyder, signed into law House Bill No.
4746. This bill says:
The landowner has the burden of proof showing the following:
·
That there are valuable natural resources on the
property
·
That there is a need for the natural resources,
either by the owner or the market at large
·
That no very serious consequences would result
from the extraction by mining of the resources
Once the landowner establishes those facts, then the township must look
to a variety of factors to see if the extraction of minerals should be allowed:
·
The relationship between the extraction and
associated activities with existing land uses
·
Its impact on existing land uses in the vicinity
of the extraction
·
The impact on the property values of neighboring
properties and properties along the proposed hauling route
·
The impact on pedestrian and vehicular traffic
in the vicinity of the extraction and along the hauling route
·
The impact on other health, safety and welfare
concerns of the local unit of government
·
The overall public interest in the extraction of
the specific natural resource being extracted
Furthermore, if the costs imposed on the public by proposed extraction
activities are sufficient to outweigh the benefits of extraction the township can
deny the application for resource extraction on the grounds that “very serious
consequences” would result.
Let us point out some very important factors to consider.
1.
Mr. Robert Gilling is not the property owner/landowner.
2.
Mr. Robert Gilling has not submitted any proof
that there are valuable natural resources on the property or that there is a
need for the natural resources. He also has
not proven that no very serious consequences would result from the extraction
by mining of the resources.
3.
Many studies must be done before a gravel pit/sand
pit/quarry could be considered.
4.
The gravel pit/sand pit/quarry will ruin the
quality of life that the neighbors now enjoy.
5.
The gravel pit/sand pit/quarry will lower
property values.
6.
The gravel pit/sand pit/quarry will impact pedestrian
and vehicular traffic in the vicinity of the extraction and along the hauling
route.
7.
The gravel pit/sand pit/quarry will impact
health, safety and welfare of the neighbors.
8.
If the gravel pit/sand pit/quarry actively
dewaters it will have an impact on neighboring wells.
9.
The gravel pit/sand pit/quarry will contaminate
the groundwater when the clay-rich sediment that seals the surface of an
aquifer is broken.
10.
The gravel pit/sand pit/quarry will ruin the
environment and impact wildlife
11.
The gravel pit/sand pit/quarry may have a
negative impact on Evergreen Drain and the Cass River.
12.
A gravel pit/sand pit/quarry is not associated
with existing land uses.
13.
Mr. Gilling must abide by State and Federal Laws
and has not applied for permits with the DEQ
1.
Mr. Robert
Gilling is not the property owner/landowner.
Mr. Gilling has an offer to purchase contingent on the special use
application approval but does not own the land.
2.
Mr. Robert
Gilling has not submitted any proof that there are valuable natural resources
on the property or that there is a need for the natural resources. He also has not
proven that no very serious consequences would result from the extraction by
mining of the resources.
Topographic Map
One area of concern is the topography of a mining site. A map showing
elevations, roads,
floodplains, property lines, and other natural and human-made features
should be provided. It can be used to address runoff, flooding, and equipment
storage area questions.
Geologic Map
A geologic map of the site is an important piece of information that
should be supplied by the
mine operator. The information provided by a geologic map will provide
answers to questions
about the deposit’s size and extent, geologic boundaries, clay or shale
layers that are protecting
lower aquifers, and the amount of unusable material that will need to
be stockpiled and stored at
the site.
Hydrologic Information
Assessing the potential impacts of mining operations on ground-water
flow, wells, and surface
waters requires hydrologic information. The direction of ground-water
flow in the deposit, the
location and construction of wells, and any surface-water bodies
(streams, lakes, wetlands, and
springs) should be displayed on a map of the area at the appropriate
scale. If the mine is to be
dewatered, the pumping point, volume, and discharge location should
also be included. This
information will allow local government staff and mining companies to
assess the impact a quarry or pit will have on adjacent wells and surface-water
features.
Karst Information
Quarries/sand/gravel pits have some particular information needs due to
their potential to affect water resources that are not immediately adjacent to
the site. An experienced karst hydrologist orgeologist should conduct an
inventory and survey of springs, sinkholes, stream sinks, caves, and other
karst features in the area. Dye tracing may be needed to determine the
connection between sinkholes and stream sinks at the site and area springs.
Properly assessing the hydrology of the area should aid in siting new quarries
in locations where they will not affect springs and streams.
Mining Plan
To visualize the size and scope of mining operations, a detailed mining
plan should be provided.
It should include mining stages; dimensions of the mine; and the location
of processing areas,
stockpiles, settling ponds, washing facilities, stormwater ponds, and
roads. This plan could be
combined with the topographic map to present an overall view of the
site and the mine
operations.
Reclamation Plan
A key issue is the use and character of a mining area after mining
operations end. To address this issue, a reclamation plan should be prepared.
It needs to detail what reclamation activities will be done during mining,
reclamation methods, vegetation types, shape and slope of open water areas, and
the future use of the site. This information will allow local governments and
the mining companies to tailor the reclamation plan so that the design and use
of the reclaimed area is compatible with the surrounding properties.
4.
The gravel
pit/sand pit/quarry will ruin the quality of life that the neighbors now enjoy.
The land is currently zoned for AFR; Agriculture/Farming/Residential
The effects of gravel/sand pits and quarries create loud noises from
crushers and screen plants, and chronic dust emissions and pollution and lower
property values thereby creating a public
nuisance for those people unfortunate
enough to live near such operations.
Heavy, loud machinery will be used at the quarry/gravel/sand pit. This machinery includes front-end loaders,
hydraulic excavators, conveyor systems, grizzly feeders, jaw crushers to
pulverize stone, tractors and trucks in and out of the pit daily.
5.
The gravel
pit/sand pit/quarry will lower property values.
Neighborhoods near quarry/gravel/sand pits will have lower property
values. A 2011 study in
Monroe County, Iowa showed that a gravel/sand/quarry can devalue homes by up to
30 percent depending on how close they are to such a mine. One landowner saw the value of his property
plummet by 50 percent in the weeks after the news of the quarry broke. And that is if you can sell your house. One national survey of potential homebuyers
found the environmental concerns are one of the most important factors going
into a buying decision.
A 2008 study by Professor Diane Hite, an economist who has published
widely in the area of property value impact analysis, showed in Richland Township,
Kalamazoo, Michigan the loss in property values results from the negative
consequences of the mining operation and reflected the deterioration in the
area’s quality of life due solely to the operation of the gravel mine. In other words, the loss in house value is a
way to quantify in dollars the deterioration in quality of life, as capitalized
in the price of the house. This study showed
the loss in value to be 32 percent for those closest to the quarry.
A 2009 study by the Centre for Spatial Economics produced and extensive
analysis of many studies done on the impacts of quarrying. The conclusion of the study showed properties
closest to the grave mine faced the largest value declines, and property value
declines diminished with distance from the mine.
o
Properties within 9.31 miles of the mine dropped
in value by 25 percent or more.
o
The decline 0.625 miles away was between 15 and
20 percent
o
The decline 1 mile away was just under 15
percent
o
The decline 1.25 miles away was just over 10
percent
o
The decline 2 miles away was just under 10
percent
o
The decline 2.5-3.1 miles away was between 5 and
7 percent
6.
The impact on
pedestrian and vehicular traffic in the vicinity of the extraction and along
the hauling route.
At the present time, there is another gravel/sand operation to the
south of 4165 Sheridan Road. This
operation’s trucks leave the operation and haul to the north. Mr. Gilling’s operation will leave and haul
to the south. This will create a traffic
nightmare. With the existing operation
and the addition of Mr. Gilling’s trucks it will be difficult for the neighbors
and others to enjoy the freedom to travel Sheridan Road.
More traffic on the
roads. This will mean increased taxes to pay for the
increased usage on the roads.
The quarry/gravel/sand pit
will mean more noise from the traffic.
7.
The gravel
pit/sand pit/quarry will impact health, safety and welfare of the neighbors.
Quarries/gravel/sand pits are notorious dust producers. Most of the
dust is fine and easily inhaled. Sand is
made up of Silica (quartz). Silica is an
established human carcinogen. A fine layer of “fugitive dust” will
cover everything in the vicinity of the quarry/pit. Irritant
dust that settles in the nose leads to rhinitis,
an inflammation of the mucous membrane. Then the dust particles attack the
larger air passages and causes inflammation of the trachea (tracheitis) and then bronchitis. The most significant reactions of dust on the
lung occur in the deepest parts of the lung when sand settles in the
lungs. Dust particles collect in the
lung tissues, causing injury to the lungs.
These substances cause fibrous or scar tissue to form. With silica
(sand) so much fibrous tissue and scarring form that lung function can be
impaired. The fibrous tissue formation and scarring is called fibrosis. Another lung disease caused by the inhalation of dust is
"pneumoconiosis." This
simply means "dusty lung."
The quarry/gravel/sand pit
will create pollution from fossil
fuels from the gas and diesel fuels from machinery and trucks.
8.
If the gravel
pit/sand pit/quarry actively dewaters it will have an impact on neighboring
wells.
Quarries/gravel/sand mining can change ground water levels. Long-term
implications of gravel mining can result in contaminated groundwater, which can
affect well water that families rely upon. This contamination of groundwater
can happen when the clay-rich sediment that seals the surface of an aquifer is broken. When these layers
are exposed, they "serve as a conduit for contaminants into the entire
aquifer" because the gravel pit "can also allow surface runoff
containing extraneous chemicals, such as pesticides, herbicides, fertilizers,
and sewage, to enter the groundwater system.
Our wells and drinking water will
be affected.
Quarries and pits that actively dewater will impact neighboring wells
and may lower the water table. With or without dewatering, there is a strong
possibility that springs could be hit, the aquifer changed and a lake
created. This lake would divert water
away from local wells.
9.
The gravel
pit/sand pit/quarry will contaminate the groundwater or change the flow,
movement or amount when the clay-rich sediment that seals the surface of an
aquifer is broken.
Groundwater is a big issue. A quarry will lower the water table. It will pull out a lot of water from the
aquifer, especially if they dewater.
The contamination of the ground water may impact the Cass River. Rain and snowmelt infiltrate the ground and
becomes groundwater. Groundwater travels
through connected pores and cracks in the ground. Any rock or sediment that yields useful
amounts of water is an aquifer.
Groundwater and surface water are a connected water system. Water wells intercept groundwater and all
unused by water wells heads to springs and/or feed into streams and
rivers. Groundwater that is not
intercepted by wells flows into the Evergreen Creek that flows into the Cass
River.
10.
Gravel
Pit/Sand Pit /Quarry will ruin the environment and impact wildlife.
This property is considered
wetlands and is protected under Michigan's wetland statute, Part 303,
Wetlands Protection, of the Natural Resources and Environmental Protection Act,
1994 PA 451, according to the Department of Environmental Quality.
Studies have shown that in certain areas, these mines can affect the
local water resources.
Quarries and pits that actively dewater may have impacts on neighboring
wells. Areas that need to be avoided include those with calcareous fens and large springs.
This property and the neighboring property have both calcareous fens and
large springs. The area around the
Evergreen Creek is a wetland and is characteristic of a calcareous fen.
A study of the Hydraulic Impacts
of Quarries and Gravel Pits conducted in Minnesota showed dewatering altering
the ground-water flow paths and affecting nearby wells, springs and
surface-water bodies. Interception of a
ground-water conduit by a quarry can interfere with ground-water flow paths,
pirating the flow and redirecting the discharge to a completely different
location. This study also said that
mining in the vicinity of calcareous fen wetlands must be undertaken ONLY AFTER
evaluation of potential impacts on calcareous fens and planning to avoid those
impacts.
The property at 3271 Waterman Road (property to the east) has a spring that feeds into the
Evergreen Creek.
The environmental effects of quarries/gravel/sand mining can include
the loss of habitat for fish and
wildlife. According to the Department of Environmental Quality, this
property is a wetland. A quarry/gravel/sand pit will destroy the
environment and the wildlife that live there.
11.
The gravel
pit/sand pit/quarry may have a negative impact on Evergreen Drain and the Cass
River.
Also, has the Township considered the property at 4165 Sheridan Road
has Evergreen Drain running through it?
This drain flows into the Cass River.
Mr. Gilling must provide studies to show what will be excavated and
extracted, including what could possibly flow into Evergreen Drain and
eventually into the Cass River. The
Townships approval of this application could potentially impose huge fines for
polluting Evergreen Drain and the Cass River.
The Cass River eventually flows into the Saginaw Bay.
Our groundwater aquifers and wetlands provide
drinking water and feed our river and streams.
It is important to maintain the natural water cycle in order to protect
these vital resources.
Please consider the impact the pit may have on the Cass River and the
wildlife that whose survival depends on the fresh water there. The Cass River is home to 19 different Lake
Huron fish species.
12.
A gravel
pit/sand pit/quarry is not associated with existing land uses.
Below was taken from the Vassar Township Master Plan.
Chapter Five – Planning Issues – Page 23 Protection Of Natural
Resources & Rural Character
Protection of the Township's rural character is extremely important to
the residents of Vassar Township. "Rural character" is a subjective
quality -- an issue of personal perception. What one family considers to be
"rural" may not be the same as their neighbor, and this Plan does not
attempt to define "rural character." However, the Plan does
recognize that people typically associate "rural character" with an
overall perception of limited urban development and expansive open spaces of
farmland and/or natural landscapes, including woodlands, wetlands, and fields.
Not only are these elements important in shaping the character of the
Township, but also provide vital environmental roles including wildlife
habitats, flood control, water purification, ground water recharge, and air
quality.
This Plan does not propose that protecting the Township's "rural
character" and natural resources is synonymous with attempting to
prohibit future growth and development. Managed growth and development does
not have to jeopardize the Township's overall rural character, and such an
"anti-growth" position will not stand in a judicial courtroom. This
Plan must, rather, constructively guide growth and development to
better assure its compatibility with the Township's existing natural resources
and rural character. The Plan recognizes that large minimum lot size
requirements in support of the protection of "rural character" are
not nearly as effective as site development provisions which minimize the
visibility of the new development from the Township's roadways and preserve
the Township's existing open spaces and natural resources. This Plan fully
supports the planning wisdom that it is not growth itself that is so
destructive to a community's rural character, but it is the form which such
growth takes that can be so destructive.
Page 27 Community Character & Natural Environment
GOAL: Protect the rural character and environmental integrity of the
Township.
OBJECTIVES
1. Develop and maintain a record of the Township's rich natural
environment, including its woodlands, wetlands, and water resources.
2. Adopt regulations aimed at protecting the integrity of the
Township's natural environment.
3. Encourage a pattern of future land use which protects those open
spaces which so dramatically shape the rural character of the Township,
including farmlands, woodlands, and wetlands.
Chapter Seven – Future Land Use Strategy
Future land uses in the Rural Residential Area are intended to be
generally limited to agricultural operations and comparatively low density
residential uses, with an emphasis upon protecting the natural resources and
open spaces, the usefulness and safety of the county roadway network, and rural
character of the area. The Rural Residential Area is intended to provide a
number of alternative residential development options available to
landowners with a range of development densities. The higher development
densities within the range should be provided where the proposed development
provides for rural clustering measures including the designation of extensive
permanent open spaces, the screening of residences from the county road
network, and the use of interior roads as opposed to direct lot access onto
County roads
It should also be noted that extensive areas of the Rural Residential
Area are characterized by wetlands, including lowland woodlands. Future land
use decisions and development in the Rural Residential Area must recognize the
significance of these resources to the Township. Any loss in the quantity or
quality of these resources must be considered permanent and, as such, sound
and practical land use and site development practices aimed at preservation of
these resources must prevail.
Development in wetland areas is acceptable only when no other practical
alternative exists and the public benefits of the new land use are great
enough.
Page 34 Future Land Use Strategy:
Principal Policies: Policies established to guide land use and
development in the Rural Residential Area include:
1) Crop farming and single family residences are considered
to be the principally desired uses in the Rural Residential Area.
2) New or expanded livestock operations shall be based
upon specific measures to minimize negative impacts with adjacent nonfarm
residences.
3) All existing farming operations, activities, and
structures associated with crop farming will be protected land uses within the
Rural Residential Area.
4) Residential development densities are not intended to
exceed approximately one dwelling unit per two acres. Opportunities for developments
approaching this maximum density will be conditioned upon the provision of
rural clustering measures.
5) Land uses requiring state and/or federal permits
(especially for wetland or floodplain alterations) should not receive final
Township approval until satisfactory evidence has been submitted verifying the
acquisition of all other necessary permits.
Special Land Uses
The five land use areas discussed previously identify the planned land
use pattern for the Township and the principal intended land uses to be
accommodated within each of the five land use areas. There are certain land
uses which, because of their particular character, should be permitted in a
particular land use area only after a special review and approval process is
followed to assure the special use is appropriate at the proposed location and
negative impacts upon adjacent and nearby land uses are minimized.. These
special land uses may generally be considered compatible with other uses
permitted in the area but, because of their unique character, necessitate the
need for a more rigorous review and approval process. Such special uses
typically include group foster care facilities, multiple family developments,
mobile home parks, extraction operations, junkyards, and many other uses.
Principal Policy: It shall be
the policy of the Township to identify special land uses, the proper location
for such uses, the review and approval process for such uses, and the standards
which must be met for the approval of such special land uses. The standards
established to minimize the negative impacts of such special land uses on
surrounding properties should strive to assure compatibility with surrounding
land uses, maintenance of the predominantly desired character of the area,
adequate public services to meet the demands of the land use and Township as a
whole, and compliance with the intent and spirit of the Township's Zoning
Ordinance and Master Plan.
Chapter Nine – Making the Plan Work Page 44
Michigan Wetlands Protection Act: The Michigan Wetland Protection Act
(Act 203 of 1979) was passed to regulate activities in Michigan wetlands. No
dredging, filling or construction can take place in wetland areas without a
permit from the Michigan Department of Natural Resources. "Wetland"
under the Act is land "characterized by the presence of water of a
frequency and duration sufficient to support and that, under normal
conditions, does support wetland vegetation."
The Michigan statute applies to all wetlands contiguous to inland
lakes, ponds, streams and rivers. They also include the wetlands of five acres
or more in size that are not contiguous to surface water bodies and located in
counties with populations of 100,000 or more. Noncontiguous wetlands cannot be
regulated in a county of less than 100,000 population unless a wetland inventory
is completed.
Act 203 was designed to protect wetlands, and controls provided for by
the Act serve to regulate wetland alteration. Regulatory objectives of the
Michigan statute include the protection of wildlife habitats, duck nesting
areas, aquifer recharge areas, and the function of wetlands as nutrient and
sediment traps for the protection of lakes and streams. The Act's regulatory
program is designed to prohibit or control by permit all fill, excavation and
structural development in wetlands.
13.
Mr. Gilling
must abide by State and Federal Laws
Since the property is listed as wetlands please take note of page 34
Chapter Seven Future Land Use Strategy “Land
uses requiring state and/or federal permits (especially for wetland or floodplain
alterations) should not receive final Township approval until satisfactory
evidence has been submitted verifying the acquisition of all other necessary
permits”
And Chapter Nine – Making the Plan Work Page 44
Michigan Wetlands Protection Act: The Michigan Wetland Protection Act
(Act 203 of 1979) was passed to regulate activities in Michigan wetlands. No dredging, filling or construction can
take place in wetland areas without a permit from the Michigan Department of
Natural Resources. The Act's regulatory program is designed to prohibit or
control by permit all fill, excavation and structural development in wetlands. A permit has not been issued for this
property.
As of 5-21-13, according to Theresa Custodi with the DEQ, Mr. Robert
Gilling has not applied for any
permits with the DEQ.
QUESTIONS THE BOARD MUST ASK
THEMSELVES:
- Is the issuing of this permit in the best
public interest?
- Would this permit disrupt the quality of
life that the residents now enjoy?
- Would this permit lower property values of
residents?
- Would this permit cause health problems to
the residents?
- Would this permit create a traffic
nuisance to the residents?
- Where does the true benefit of a gravel
pit lie?
In closing, we are asking that you deny Special Use Permit 08-2013 because:
1. Mr. Robert Gilling is not the property
owner.
2. Mr. Robert Gilling has not submitted any
proof that there are valuable natural resources on the property or that there
is a need for the natural resources.
3. Mr. Robert Gilling has not proven that no very
serious consequences would result from the extraction by mining of the
resources.
4. A gravel pit/sand pit/quarry is not
associated with existing land uses.
5. A gravel pit/sand pit/quarry goes against
the Township Master Plan.
6. The gravel pit/sand pit/quarry will ruin the
quality of life that the neighbors now enjoy.
7. The gravel pit/sand pit/quarry will lower
property values.
8. The gravel pit/sand pit/quarry will impact pedestrian
and vehicular traffic in the vicinity of the extraction and along the hauling
route.
9. The gravel pit/sand pit/quarry will impact health,
safety and welfare of the neighbors.
10. If the gravel pit/sand pit/quarry will have
an impact on neighboring wells.
11. The gravel pit/sand pit/quarry will
contaminate the groundwater when the clay-rich sediment that seals the surface
of an aquifer is broken.
12. The gravel pit/sand pit/quarry may have a
negative impact on Evergreen Drain and the Cass River.
13. Mr. Gilling has not applied for permits with
the DEQ.
14. The quarry/gravel/sand pit will
impact the quality of life that we
currently enjoy.
If you approve this request and damage is done to the natural
resources, quality of life ruined for the families and neighbors, and property
values reduced, it cannot be undone. It
will be a permanent tragedy.
