Talking Points for 6-13-13

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 states:

 

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.

 

Our property at 3271 Waterman Road 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:

 

1. Is the issuing of this permit in the best public interest?
2. Would this permit disrupt the quality of life that the residents now enjoy?
3. Would this permit lower property values of residents?
4. Would this permit cause health problems to the residents?
5. Would this permit create a traffic nuisance to the residents?
6. 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.