Reclamation Plan for the Non-metallic Mining Site owned and operated by Birds Eye Foods, LLC.

Transcription

1 MEMO Date: April 15, 2011 Land Use and Resource Management To: From: Walworth County Zoning Agency Matthew Weidensee, Associate Planner, Land Use Division Fay Amerson, Urban Program Specialist, Walworth County Land Conservation Division RE: Nonmetallic Mining Reclamation Plan Birds Eye Foods, LLC., Mining Site Operator and Parcel Owner Town of Darien, Tax Key Parcel #: B D A Background On May 5, 2001, the Walworth County Board of Supervisors, adopted the Nonmetallic Mining Reclamation Ordinance for Walworth County. The purpose of this ordinance is to ensure that all non-metallic mining sites are successfully reclaimed to a predetermined use. The Nonmetallic Mining Reclamation Ordinance requires public review or a public informational hearing for nonmetallic mining sites for which a reclamation plan has been prepared and submitted to the County Land Conservation Division. Public testimony at the hearing is limited to the reclamation plan and compliance with the County s reclamation standards. (Section Walworth County Code of Ordinances). County Zoning Agency or County Board approval of the reclamation plan and permit is not required, independently, however your input, comments, concerns regarding the proposed reclamation plan will be considered, as staff reviews the reclamation plan for completeness and compliance with the County and State Reclamation Standards. Following the approval of the reclamation plan and permit, the operator of a mining site must file proof of financial assurance with the County. The amount of the financial assurance shall equal the cost of performing the reclamation tasks as specified in the plan. The financial assurance must be kept current. An operator of a mining site must prepare and submit an annual report to the County. The annual report documents the status and progress of mining activities on the site and specifies the progress of any reclamation activities. The operator of an active non-metallic mining site must submit an annual fee to the County and the Wisconsin Department of Natural Resources. The fee schedule is based on the area of active mining and the un-reclaimed acres on the mining site. Reclamation Plan for the Non-metallic Mining Site owned and operated by Birds Eye Foods, LLC. On March 2, 2011, a non-metallic mining reclamation permit application and reclamation plan was submitted to the Land Conservation Division for a non-metallic mining site located in Section 29, of the Town of Darien (Tax Key Parcel # B D A). This mining site is operated by for Birds Eye Foods, LLC. The following Exhibits are attached to this Memo. Exhibit #1. A site map of the Reclamation Plan. Exhibit #2. The narrative for the Reclamation Plan. Exhibit #3. The Reclamation Plan Review Checklist. Exhibit #4. Draft Nonmetallic Mining Permit Conditions

2 Non-metallic Mining Reclamation Plan Birds Eye Foods, LLC. April 15, 2011 Page Two The applicant proposes to extract 27,000 cubic yards of soil material from the mining site. The extracted material will be used for construction of the proposed expansion of the industrial building, the waste storage lagoon, additional parking and other proposed structures. The mining site covers approximately 5 acres. Following extraction, the mining site will be reclaimed to agricultural use. A construction site erosion control plan has been prepared and submitted and will be implemented during extraction and reclamation. The Walworth County Land Conservation Division has completed a review of the reclamation plan submitted for the mining site and has determined the reclamation plan is complete and complies the State and County standards, (Exhibit #3). A draft copy of the County Reclamation Permit Conditions has been prepared, (Exhibit #4). 100 West Walworth Street P. O. Box 1001 Elkhorn, WI Conservation Division tel fax

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Exhibit #3 Walworth County Non-metallic Mining Reclamation Plan Checklist Birds Eye Foods, LLC. Site Information -- Site Plan Map General location of non-metallic mining site property boundaries Maps attached to reclamation plan submitted. Aerial extent of mining activities 5.4 acres Geological composition and depth of the mineral deposit On-site borings and analysis performed. Bedrock depth: Distribution and depth of topsoil 8 thick, will be redistributed when reclaimed grades established. Approximate elevation of ground water Ground water modeling performed. Depth of GW below mining site, floor. Location of surface waters and wetlands Darien Creek, 400 feet from footprint of mining site. Wetland community 400 from mining site. Existing drainage patterns, show location and path of run-on and runoff Flows to South, surface drainage ditch present. Location of description of subsurface drainage system, if present Subsurface drainage system not verified, not encountered during discovery. Existing topography (2 contour intervals) Topo map submitted using County GIS coordinates. Location of manmade features on or near the site No manmade structures within mining site. Near mining site is the agricultural product processing plant. State Interstate 43 near site. Location of previously mined areas (if applicable) Not applicable, none Biological Resources Description of the Plant Communities on or adjacent to the mining site Agricultural land, a wetland 400 feet from mining site, Description of Wildlife Use on or adjacent to the mining site Deer, red fox, gray squirrels, skunks, and cottontail rabbit, have been observed.

18 Exhibit #3 Birds Eye Foods, LLC. Non-metallic Mining Reclamation Plan Checklist Page Two Land Use and Land Cover Description of Present Land Use and Land Cover Present use is grassland and agricultural use. Description of the Post Mining Land Use and Land Cover The mining site will be used for agricultural use following reclamation. Reclamation Site Plan and Description of Reclamation Measures Description of the methods and procedures that will be used to reclaim the mining site. Grading, redistribution of topsoil and establishing a cover crop. Description of earth work to be preformed on the mining site Grading, topsoiling Site plan map and description of the methods of topsoil removal, storage, stabilization, conservation and re-distribution Site plan of reclaimed slopes submitted. Final topography of the reclaimed site at a contour interval of 2. Level area within reclaimed base of mining site, with 4:1 slopes established. Site plan map and description of all structures that will remain on the reclaimed site. N/A No structures planned. Description of the re-vegetation plan including seed mixture selection, timing of seed application, seeding methods, soil amendments and mulching. WisDOT mixture #20/ winter wheat cover crop to aid in reclaiming soil structure for future crop production. Site plan map and description of erosion control and storm water management measures. Construction site erosion control plan prepared. Site will be internally drained during excavation/mineral extraction. Surface drain, will be protected, with applicable BMPs. Description of the proposed schedule and sequence for completion of each phase of the project Schedule submitted.

19 Birds Eye Foods, LLC. Non-metallic Mining Reclamation Plan Checklist Page Three Exhibit #3 Inspection, operation and maintenance plan Inspection and maintenance plan submitted. Description of the criteria for successful reclamation Revegetation standards for successful reclamation will me measured by establishing 70% vegetative cover. Cost estimate of reclamation activities Estimate of $21,500 for reclamation of the site, including grading, of topsoil and establishing cover crop. redistribution Operator Certification of Reclamation Plan Certification signed by the operator that reclamation will be carried out in accordance with the reclamation plan. Landowner certification provided. Certification that the landowner, if different from the operator, has been provided with a copy of the reclamation plan N/A Financial Assurance Bond, letter of credit, certificate of deposit, escrow, or other guarantee equal to the cost to complete the reclamation plan for the duration of the mining activities. Proof of Financial Assurance must be submitted prior to the approval of the reclamation permit.

20 Permit # GN Exhibit # 4 Draft Walworth County Non-Metallic Mining Reclamation Permit Operator: Birds Eye Foods, LLC. Owner: Birds Eye Foods, LLC. Address: W8880 County Highway X Darien, WI Non-Metallic Mining Site Location: Township: Darien, Section: 29 Tax Key Parcel # B D A Mining Description: Extraction of soil materials for construction projects planned by Birds Eye Foods, LLC., for the expansion of the existing on-site industrial buildings and other support processing and support structures planned on the parcel. Conditions of Permit Approval This approval is based on a Non-Metallic Mining Reclamation Permit Application and Reclamation Plan submitted to the Walworth County Land Conservation Division prepared by Foth Infrastructure and Engineering, LLC., and submitted to Walworth County on March 2, The total mining site covers approximately 5.4 acres. General Permit Conditions 1. An Annual Permit Fee will be submitted to the Walworth County Land Conservation Division by January 31, of each year and shall be based on the unclaimed acres of the nonmetallic mining site at the end of previous year. 2. An Annual Report covering the calendar year will be prepared and submitted to the Walworth County Land Conservation Division by January 31, of each year and will include the following information: The name and address of the operator The location of the non-metallic mining site The Walworth County Permit Number The acreage currently affected by nonmetallic mining and not reclaimed A plan map showing the acreage that has that has been permanently reclaimed. A plan map showing the acreage that has been reclaimed on an interim basis Operator s Certification: 3. Proof of Financial Assurances covering the cost of implementing the Nonmetallic Mining Reclamation Plan shall be obtained and kept current. Proof of financial Assurance must be submitted to the Walworth County Land Conservation Division prior to commencing any extraction or land disturbing activities related to mining on the parcel. 4. A County-approved Land Disturbance, Construction Site Erosion Control and Storm Water Management Permit and Plan must be obtained. 5. The post-mining land use of this mining site shall be agriculture. The mining site will be monitored for at least 1 year following reclamation to verify the success of the reclamation activities. 6 Any modifications to the operation of the mining site or reclamation plan must be approved by the Walworth County Land Conservation Division. 7 Copies of all state and federal permits, if applicable, and related the mining activities must be submitted to the Walworth County Land Conservation Division. Recommended for Approval: Walworth County Land Conservation Division Date