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Commission Board Meeting on Wed, October 10, 2018 - 4:00 PM and 6:00 PM

Meeting Agenda: 

 

WEDNESDAY, OCTOBER 10, 2018
4:00 p.m.

CONSENT AGENDA
(1) (a)  Consider approval of Commission Orders;

REGULAR AGENDA
(2) Presentation on Space Needs Study (Gould Evans)

 (3) (a) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
 -Board of Zoning Appeals (1) positions 10/17
 -Building Code of Appeals Board (2) positions 12/16
 -Community Corrections Advisory Board (1) position open (edu); (1) 08/31/18
 -Fire District No. 2 (2) positions 
 -JAAA Advisory Council (2) position
 -JAAA Board of Directors (1) position 
 -Joint Economic Development Council (2) positions
 -Lawrence-Douglas County Advocacy Council on Aging (2) open positions
 -MPO Bicycle Advisory Committee (1) position
 -Mental Health Board (1) position 04/18
 -Property Crimes Compensation Board (1) position
 -Senior Resource Center (1) positon 12/31/18 
 (c)  Public Comment
 (d) Miscellaneous

RECESS

RECONVENE
6:00 p.m.

(4) Mental Health Ballot Initiative presentation (Bob Tryanski) - Backup to follow

(5) CUP-18-00299: Consider a Conditional Use Permit for Big Springs Quarry, approximately 1,049 acres located at 2 N 1700 Rd. and parcels to the north, east, and south. Submitted by Mid-States Ventures LLC, for Mid-States Ventures LLC, Nancy J Hughes, James R Meek, Thomas R Meek, and Bonnie M Nichols, Trustee, property owners of record. Mary Miller is the Planner.

(6)  Adjourn

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts Street, Lawrence, Kansas 66044
Meeting Minutes: 

October 10, 2018

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, October 10, 2018 with all members present.

CONSENT AGENDA 10-10-18
Thellman moved approval of the following Consent Agenda:
►  Commission Order No. 18-043 on file in the office the County Clerk);
 
Motion was seconded by Gaughan and carried 3-0.

SPACE NEEDS 10-10-18
John Wilkins and Whitney Long, Gould Evans, conducted a presentation to the Board on a space needs study. Information included:

• The County has added positions, 11 staff members with 2 more on the horizon for late 2018, early 2019
• New Protem judge
• Jury Assembly room is occupied
• Jury numbers on the rise
• Rhode Island may change to resident only permit parking
• Courthouse attendance has increased
• Explore rental spaces for larger elections

Discussion included the need for a master plan to help determine funding needs and a timeline; questioned whether the old public works site could be part of a solution; need to determine if there are departments in the courthouse that could serve the public better elsewhere; need a better sense of who will be leaving the Judicial and Law Enforcement building; and a master plan would address a long-term plan for future needs

It was the consensus of the Board to direct Gould Evans to return with additional information and cost before moving forward. Staff will put a summary together for a future agenda.
 
ACCOUNTS PAYABLE 10-10-18
Thellman moved to approve accounts payable in the amounts of $907,817.70 to be paid on 10/11/18 and$1,903.27 paid on 10/05/18. Motion was seconded by Gaughan and carried 3-0.

MENTAL HEALTH INITIATIVE 10-10-18
Bob Tryanski, Behavior Health Coordinator, conducted a presentation to the Board on the Mental Health Ballot Initiative. 

Items discussed:
• Scaled down building and can do more with campus, housing respite care.
• Intervention, recovery and prevention on campus.
• Proceed with housing first.
• Remove dedicated sobering unit. Doesn’t create revenue. Can provide sobering in crisis without have a dedicated space.
• Access regional crisis stabilization beds in 2019 and 2020.
• Consider reducing number of rooms and reconfigure. Holding off but looking at.
• Collaborate with LMH Heath and HLC partners to determine administration operations and medical staffing plans.
• Look at dedicated crisis team, mobile response as afterhours versus a 24/7 service.

Thellman stated the new sales tax would be collected starting April 1, 2019 and would take some time to process through the State. Sarah Plinsky, Assistant County Administrator, replied there is some lag time. We may not see funds until September 1, but we should have a good sense of the ongoing revenues.

Gaughan added the revenue may flex but the vision is intact and ongoing for the path we are on for the community.

Thellman said this is the result of nine agencies diving hard and determining the best fit for the community. It was a hard process but a necessary one. She said she is so glad the agencies did the hard work together.

Tryanski added this is not his plan or a Commissioner plan, it is a community plan.

Russ Johnson, CEO, LMH Health, stated the several observations he has heard are spot on. It’s reinforcement. The group working on this together has continued to stay strong and collaborative and has the ability to enhance and care for folks in our community. What is important to the community is the long-term relationship being built. Pass or not, Johnson said we are creating relationships with agencies that will serve the community well and are already working closely together. LMH Health has recruited two psychiatrists. We are working with Bert Nash and Jason Hess’ team to find out how to use them best. He said 4,200 came to ER last year with mental health issues. We’ve discussed and used guidelines to keep partnering together. Funding has to be adequate, stable and equitable. He said they are looking at what is unique to Lawrence and what is compassionate. We want to operate a facility in a manner that is stable and may take on roles that are different than in the past. It is really vital to feel this coalition is working together. Johnson said he is encouraged and supportive of this effort.

Thellman said she wanted to acknowledge the new collaborative spirit and leadership. The hospital though has been the anchor. She asked if the loss of the sobering unit has added concerns.

Jason Hess, Regional Alcohol & Drug Assessment Center (RADAC), stated they are not taking the sobering unit off the table but maybe just right now. The crisis center will automatically be addressing some of that because people come in and sober up. So there will be that service in the building. Currently though there will not be a dedicated sobering unit

Thellman opened the item for public comment.

Bill Simons, resident, stated concerns regarding the reduction in beds from the original plan. He said nine major agencies developed this plan but not one has a mental illness. He feels there should be someone with mental illness at the table. Simons said he will vote for this plan and did thank all the agencies for their hard work.

This item was for presentation only. No action was taken.

RECESS 10-10-18
At 6:35 p.m., the Board took a 10 minutes recess.

RECONVENE 10-10-18
At 6:45 p.m., the Board returned to regular session.

PLANNING/CUP 10-10-18
The Board considered CUP-18-00299, a Conditional Use Permit for Big Springs Quarry, approximately 1,049 acres located at 2 N 1700 Road and parcels to the north, east, and south. The application was submitted by Mid-States Ventures LLC, for Mid-States Ventures LLC, Nancy J. Hughes, James R. Meek, Thomas R. Meek, and Bonnie M. Nichols, Trustee, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. 

The request consists of several requested revisions to the Conditional Use Permit. Each request was addressed individually in the staff report (listed as backup on the County website). The CUP is currently regulated by 22 restrictions of use which were applied to the original permit. In addition, subsequent conditions or restrictions have been established with each revision or amendment to the original CUP (also listed in the staff report online).

The current CUP for Big Springs Quarry contains approximately 800 acres. Several phases of the quarry have been quarried and reclaimed, Phase 1, 1A, 2 and 3 are complete and Phase 6 is currently being quarried. The applicant is proposing the addition of approximately 569 acres and the removal of the areas that have been quarried and reclaimed from the CUP. A new 30 year timeframe has been requested to allow time for quarrying of this area. Other changes being proposed with the request include an increase in the area that can be open at a time from 30 acres to 40 acres due to the larger equipment that is used today than when the CUP was originally approved in 1992; and change to the restrictions/conditions of use.

The Conditional Use Permit application includes a change in the area encompassed in the CUP, and revised restrictions/conditions of use. Staff recommends approval of the CUP application based on the following findings of fact:

I. Zoning and uses of property nearby. Most of the land in the area is zoned and used for agriculture. However, there are residential land uses nearby which should be considered when establishing setbacks and restrictions of use. The applicant is proposing a 500 foot setback from all residences (not owned by Mid-States), in addition to other setbacks measured from the phase property line. These setbacks will be discussed later in this report. With proper setbacks and conditions restricting the use, the continuation and expansion of the quarry should be compatible with the existing nearby zoning districts and land uses.

II. Character of the area. The quarry is located in a rural area with predominately agricultural land uses and scattered farm/rural residences. The principal land use is agricultural grassland and row crops. The character of the area has not changed much in the past 30 years. The expansion of the quarry will allow quarrying activity closer to the community of Big Springs and the extension of the time frame will allow the quarry to remain in the area for another 30 years. As the character of the area has not changed much since the original CUP was approved, the proposed CUP should be compatible with the existing uses provided measures, such as setbacks, pre-blast surveys, and drainage studies, are provided to mitigate potential impacts on nearby residences and wells.

III. Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit does not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. This property is suitable for the uses permitted in the A (Agricultural) Zoning District and will continue to be used for agriculture before and after quarrying. The property, due to the reserves of limestone and the infrastructure put in place for previous quarrying activity approved with earlier Conditional Use Permits, is also well suited for the proposed quarry use.

IV. Length of time subject property has remained vacant as zoned.County Zoning Regulations were adopted in 1966; this property has been
zoned “A (Agricultural)” since that adoption. The property was used for agricultural purposes until the approval of a Conditional Use Permit, CUP-7-2-90, in 1992 for a quarry.

V. Extent to which removal of restrictions will detrimentally affect nearby property. The proposal requests the expansion of the quarry’s boundary to the north and an increase in quarry area to approximately 1,049 acres as well as a 30 year extension to the time frame. This expansion and extension of time frame could have a negative impact on nearby residences. The new quarry area is located to the north, away from the platted residential subdivision to the south. 500 foot setbacks are proposed along the new borders for existing residences that are not owned by Mid-States. Limits on hours of operation and hours of blasting will be set to minimize the impact of noise and traffic associated with the quarry; as noted in the attachments to this report. These measures and the other restrictions/conditions of use should mitigate the impact of the quarry on nearby land uses.
 
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. The extension of the 30 year timeframe for the quarry would provide predictability for the neighbors, rather than approving a shorter time frame and then processing extension requests as the deadline approaches if quarrying is not complete. The increase in area would allow the quarry to utilize additional limestone reserves; however, the impact on the area north of the quarry would increase as mining activities would be closer. Mid-States purchased several parcels to the north of the quarry to provide a wider buffer between the quarry and Big Springs. Appropriate setbacks and conditions should be applied to mitigate the impact of the quarrying activities as much as possible. The increase in the area that can be open and mined from would be beneficial for the operator allowing them more room for the vehicles and more mining area for the extraction of the lower lying resources; and may allow quarrying to progress more quickly.

VII. Conformance with the comprehensive plan. Horizon 2020 does not directly address the issuances of CUPs but the use of the property as a quarry is in compliance with the recommendation on page 5-6 of the plan that land not be removed from agricultural production. The quarry will remove land from agricultural production for a time, but reclamation is required, which will return the property to a state that is suitable for agricultural uses. The CUP request is compliant with the recommendations regarding industrial and employment-related operations in Chapter 7, and with the establishment of appropriate extraction and reclamation measures, with recommendations regarding resource management in Chapter 16.

And subject to the following revised restrictions/conditions of use:

1) Setbacks
Purple Phase (former phase 6)
• 400 foot setback along the south perimeter
• 260 foot setback along County Route 442
• Triangular area in the southeast corner a corner of which is 1,800 feet north of the south property line along the setback line of County Route 442 / E. 50 Road and another corner of which is 1,100 feet west of the right-of-the way of County Route 442 / E. 50 road along the south setback line.

Green Phase (former Phase 4):
• 100 foot setback to the north and 700 foot setback to the south sides
• 100 foot setback on the east side

Pink Phase
• 100 foot along north property line

Blue Phase
• 100 foot along east property line

Orange Phase
• 100 foot along east property line

All Phases—
• 100 foot setback from the property line along the east side of the private haul road.

• 100 foot setback from the property line along E. 50 Road and E. 100 Road

• 500 foot residential setback (residences existing at the time of CUP approval)

2) Operation Restrictions
a. Methods shall be adopted to minimize dust in stage area as well as along the haul roads.

b. Quarry hours of operation shall be restricted to:
i. sale and removal of rock:  6 a.m. – 6 p.m., Monday- Friday; 7 a.m. – 12:00 p.m. Saturday
ii. Production and extraction: 6 a.m. – 10 p.m., Monday – Thursday; 6 a.m. – 6:00 p.m., Friday
iii. Blasting: 1 p.m. – 5 p.m., Monday – Friday
iv. No quarry operations shall take place on  holidays observed by the State of Kansas: (New Year’s Day; Martin Luther King, Jr. Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day: the day immediately following Thanksgiving Day, and Christmas Day.

Activities occurring after these hours:  In the event of an emergency or other situation that requires quarrying, or sell of product after these hours, the request must be provided to the Board of County Commissioners prior to the afterhours activity commencing.

c. No more than 40 acres may be open, mined and extracted from at any one time on the quarry site, exclusive of the plant site. No more than 10 acres shall be open, mined and extracted from in a subsequent phase until reclamation is complete on the previous phase.

3) Fencing 
  The entire site shall be fenced with a five-strand barbed wire fence. Fencing shall be maintained by the operator. A security gate and fence shall be placed/maintained at the entrance to the quarrying site across the main haul road. The fence shall be signed periodically (minimum of 500 feet intervals) stating: “Mid-States Materials No Trespassing”

4) Berms
a. All setbacks along roadways shall contain berms to screen operations. Berms are to be 6 to 8 feet high (8 feet maximum), built at a 3 to 1 slope and vegetated.

b. Topsoil removed from each phase will be used to construct the berms. Berms shall be constructed as quarrying progresses in each phase.

5) Blasting
a. Blasting shall be set only in sequential delays; no single delay to be over 150 lbs. of explosives.

b. No fly-rock shall leave the property.

c. Prior to each blast, the operator shall contact adjoining neighbors who request individual notice of each blast. A signaling system, siren, horn, or other signaling system, shall be used to alert people in the neighboring vicinity before each blast takes place.

d. No explosives will be set in the ground overnight unguarded.

6) Monitoring Blasting
a. Operator shall contact with independent seismology firm to monitor blasts at the commencement of quarrying operations, at each residence within ½ mile of the blast site to assure that the blast design will not be harmful to any structures or wells and that all associated vibrations are below currently recognized safety levels. A report on the monitoring of initial blasting shall be made available to owners of the residences and such report shall include a full frequency analysis of vibrations.

b. After the initial blasting, operator shall contract for a continuous monitoring program commencing with the start of continuous regular blasting by an independent seismology firm at stations chosen by the seismology firm. A monthly report, which analyzes the impacts of daily blasting, will be available at operator’s offices for inspection. Residents may request positioning of the seismograph to measure the impact at their property; provided, however, the applicant shall not be required to conduct tests in excess of those it determines, based on professional advice of its independent seismology firm, will provide adequate seismic readings at resident’s properties. Any resident desiring to appeal the decision of the applicant concerning this condition may appeal it to the Douglas County Public Works Director who may order seismic tests at such locations as it deems appropriate under the circumstances at the expense of the operator.

c. The operator shall comply with the NFPA 495 Kansas Explosive Materials Code regulations regulated by the Office of the State Fire Marshall.

7) Air and Water Quality
The quarry operator shall adhere to air quality standards of KDHE, not to exceed 20% of opacity more than 1 time in a one year period as observed by KDHE observers over a 5 minute period.

8) Other Regulatory Restrictions
All applicable regulations of EPA, KDHE, and Kansas Department of Agriculture, and other applicable agencies shall be adhered to and subsequent revisions to these regulations shall apply.

9) Noise and Light Pollution
Vehicles used in plant operation (extraction & production) after 6:00 PM shall be equipped with manufactured lighting in addition to a back-up audible signal alarm.

Permanent outdoor lighting in the quarry, including  the plant area, mining area, and haul roads, shall be shielded and directed down with a solid screen to prevent light pollution beyond the site boundaries.

10) Reclamation Bond
Mid-States shall be responsible for reclamation of all quarried land.
a. A performance bond in the amount of $100,000.00 with sufficient sureties shall be secured to cover reclamation activities for the plant site in the Facility Area. The Bond shall be filed with the Douglas County Clerk’s Office.
 
This performance bond shall remain in place for the entire life of the permit and shall not be subject to release until the plant site has been fully reclaimed and certification thereof shall have been made by the Douglas County Commission.

b. In addition to the bond required under paragraph (a), above, a performance bond in the amount of $400,000.00 with sufficient sureties shall be secured for the first site excavated for extraction purposes in Phase I other than at the plant site and shall be filed with the Douglas County Clerk’s Office prior to the commencing of any excavation (including the stripping of top soil) other than at the designated plant site. This bond shall be for an excavation area no larger than 10 acres open at one time and shall remain in place until certified by the Douglas County Commission that reclamation has been completed at the site for which it was obtained. 

c. For each additional 10 acre site excavated for extraction purposes in any phase of the quarry operations during the term of the CUP, a performance bond in the amount of $400,000.00 with sufficient sureties for additional excavation for extraction purposes shall be secured and shall be filed with the Douglas County Clerk’s Office prior to the commencing of any such additional excavation (including the stripping of top soil). These bonds shall each be for areas no larger than 10 acres open at one time per excavation and shall remain in place until certified by the Douglas County Commission that reclamation has been completed at each site.

d. Each of the bonds described above also shall carry provisions which provide additional coverage for any other quarry operations that are carried on at the quarry site during the pendency of the bond until release of the bonds.

11) Insurance
The operator shall carry liability insurance in the amount of $1,000,000.00. Certificates of insurance shall be submitted to the Zoning and Codes Department on an annual basis.

12) Operation Report and Plan
a. Prior to the issuance of the CUP permit and every 5 years thereafter, the operator shall submit a detailed report and plan of quarrying operations to the Planning Office.

b. The plan shall show the phases of quarrying; location of stockpile area; estimated volume of material being extracted; and a detailed monitoring and management plan for the areas undergoing reclamation.

13) Reclamation and Review
a. The quarry shall utilize sequential reclamation. With the exception of the first cut in a phase, overburden within a cut shall be placed in the previous cut thereby removing the need to stockpile large amounts of overburden.

b. Detailed reclamation plans shall be submitted for each phase of the reclamation process for review and recommendation by the Planning staff and approval by the County Commission. The Detailed Reclamation Plan shall be submitted and approved prior to opening of a quarry phase.

c. The detailed reclamation plans would include a site plan showing elevations, cross-sections, and the proposed plan for revegetation of the area.

d. The property shall be reclaimed to a state that is compatible with the surrounding area with regard to slopes, and plant and animal life supported by the established ecosystem.

e. Terraced areas shall be shaped to blend with the existing, adjoining contours. The land must be graded to final contours as shown on the approved reclamation plan,  top-soil, which had been used to construct the berms of each quarry phase shall be removed as areas are reclaimed and the topsoil shall be spread over the land area and seeding of appropriate native plants must occur. It is not necessary for vegetation to be established before moving fully to the next phase. 

14) Studies/Surveys Required Prior to Opening New Phase
a. Pre-Blast Survey. A pre-blast survey (by an independent seismology firm or structural engineer approved by the applicant and the owners of existing structures within one-half mile of the quarry site) shall be offered to the property owners and conducted, if the property owners request, prior to operating in each phase. 

 (Notice shall be mailed, by certified mail, to all property owners within one-half mile of the phase to be quarried, at least 1 month prior to the beginning of that phase, indicating that a new phase is about to be quarried and letting the property owner know about the pre-blast survey.)

b. Hydrologic Study
The quantity/quality of water in the wells within one-half mile of each quarry phase shall be documented prior to the commencement of quarrying operations in that phase. A study shall be done, at the operator’s expense, for all wells within ½ mile of each phase (with property owner consent). Notice shall be provided to all property owners within one-half mile of the phase boundary as noted in Condition 13a.

This study is intended to provide an inventory of area residential and stock wells and determine their capacities and current volumes/levels of operation; and to determine the impact of quarrying, per phase, based on the depth of mining proposed. If mining is proposed at a depth lower than 1042 or the local water table, the County Engineer may require a hydrologic study to analyze the impact on area wells.

c. Drainage Study
Prior to work progressing in each phase of the quarrying operation, a detailed grading plan showing site runoff and its relationship to the adjoining properties shall be submitted to the Planning Office for review and approval prior to work progressing in each phase.

15) Site Access and Road Restrictions
a. Except for vehicles traveling to and from the site on 45th Street in Shawnee County, the principal access to the site for transport truck traffic and hauling of rock shall be restricted to the use of U.S. Highway 40 from the direct haul route north of the proposed quarry. (The haul road is currently in place and the intersection with Highway 40 was designed in accordance with KDOT requirements.)

Any other haul route options must first be approved by the Douglas County Commission.

b. Except for local deliveries of rock from the quarry site, Route 442 shall not be used by transport trucks to travel to and from the east. The operator shall post signs and adopt appropriate restrictions on the quarry site, including restrictions on sale of rock where necessary, to ensure strict compliance with this restriction by all transport trucks.

In the event the Board of County Commissioners determines, after due notice and hearing, that such restrictions have proven ineffective in prohibiting transport trucks which originate from or travel to the quarry site from using Route 442 east of the quarry entrance in violation of this restriction, the Board may order such improvements to Route 442 as it deems necessary, including, but not limited to, appropriate shouldering, surfacing, and signing, and assess such costs to the applicant which shall be paid in a timely manner. In the alternative, the Board may order the operator to cease operation or order such steps as the Board deems necessary under this CUP.

c. No township roads shall be used as access to the quarry.

d. Restrictions which shall be posted at the entrance to the plant, regarding vehicles hauling from the site are to include:
• no flatbed trucks without sides or tailgates;
• tailgates shall be in place and in an upright position; and
• all trucks leaving the site must be covered by a tied-down tarp.

e. Operator is responsible for spillage and cleanup of aggregate within one mile of the plant site, which includes the intersection of the access road to the north and U.S. Highway 40. The failure by the applicant to clean up spilled aggregate of such roads within a reasonable period of time shall be grounds for action under Section XVII, Inspection/Violation/Revocation.

f. The operator will not allow trucks to exceed State of Kansas legal weight limits or legally posted weight limits since different truck configurations have different legal weight limits.

g. Weight limitations shall be posted on appropriate roads adjacent to the quarry.

h. Access points across township roads between phases of operation require prior review and authorization from the Douglas County Public Works Director. Access is restricted to one point of crossing per phase as shown on the operation plan. Road crossings between the phases of the site shall be maintained by operator at all times.

i. During the term of this Conditional Use Permit, the applicant shall not request the vacation of any township roads in the vicinity of the site.

16) Transfer of Operator
Because the operator’s track record is an important consideration, a change in the quarry operator shall require the conditional use permit to come back to the Planning Commission for review and to the County Commission for reapproval.

17) Sanitary Landfill
The property shall not be used or requested for use as a sanitary landfill within the life of this conditional use permit.

18) Shop Facility
Repair and maintenance activities shall be limited to service of vehicles and equipment in use at this specific quarry location.

19) Inspection/Violation/Revocation
The Douglas County Commission, or the appointed representative(s) thereof, shall have the right, without advance notice, to enter the premises and inspect any aspect of the quarry operation for compliance with the conditions of this permit. Upon entering the premises, the County shall first request an escort by the applicant’s representatives.

Further, the Douglas County Commission, or the appointed representative(s) thereof, shall be authorized to:
a. Order the stoppage of any operation occurring without a permit or in violation of the terms of this permit.

b. Order the operator or its agents and employees to adopt such remedial measures as are necessary to comply with the terms of this CUP. In such cases, the operator shall be given no more than ninety (90) days to rectify any condition of noncompliance.

c. Order the immediate suspension of operations if, after due notice and an opportunity to be heard before the County Commission, it is determined by the Board of County Commissioners that the permitted operation is causing, or can reasonably be expected to cause, a significant, imminent danger or threat to the health, safety or welfare of the public or to the environmental quality of the surrounding area.

d. In cases such as those described in Paragraph (C) that do not pose an imminent threat to the public health, safety and welfare, the operator shall be given no more than 90 days to rectify the condition. If the condition has not been rectified, the County Commission, after due notice and hearing, may order the suspension of operations and suspend or revoke part or all of the CUP.

e. If the operator or the agents or employees thereof, fail to comply with a lawful order under this section, or violate any of the restrictions of use enumerated for this permit, the County Commission, after due notice and an opportunity for a hearing, may suspend or revoke part or all of the CUP.

20) The timeframe for completion of any phase is dependent on the market demand; however, the operator agrees to continuously quarry Phase 6 (within the limits of the CUP restrictions) so that Phase 6 will be completed as soon as possible, preferably by or before December 19, 2020.

21) The CUP approval is valid for 30 years from the date of approval by the Board of County Commissioners (date) and shall expire at that time unless an application for renewal, submitted prior to the expiration date, is approved by the County Commission.

Rich Eckert, representing Mid States, stated the company had been environmentally conscious and in full compliance after fixing the problems from the first owner. There are four things to consider: 1) Mid-States Materials is currently quarrying Phase 6 and hopes to be out by the end of 2020. Their commitment is to complete that phase before moving on.  2) Big Springs built and paid for a haul road along the west corridor to KDOT specifications to keep the traffic off of Douglas County roads and it outlets off of Hwy 40. There have been no accidents since Mid-States has been in control. 3) They have purchased the Lone Oak property and it will not be quarried. 4) The land will be left better than it was when acquired. Eckert said Mid-States accepts all 21 conditions set by Douglas County including Condition 20 to have Phase 6 completed as soon as possible, preferably before December 19, 2020, though there was no guarantee of completion by the end of 2020. Also noted was Mid States supplies over 100 jobs for the area.

Thellman said she wanted to disclose Commissioner Gaughan and Jill Jolicoeur had coffee with Rich Eckert earlier in the week.

Thellman opened the item for public comment.

Michelle Best, resident, stated she and husband Robert have no issues with the wording of Condition 20.

Eric Bettis replied he feels Phase 6 will be done way in advance of December 19, 2020, but again won’t guarantee.

Scott Carlson, Kansas Department of Agriculture, stated Mid-States Materials have been responsible, done an exemplary job, and have a professional staff and resources to do the right thing. He noted Mid-States requires a mining license in the State of Kansas and also has to log and plan for all activities and they exceed state standards.

Gaughan moved to approve CUP-18-00299, a Conditional Use Permit for Big Springs Quarry, approximately 1,049 acres located at 2 N 1700 Road and parcels to the north, east, and south; and with the 21 conditions as listed above. Motion was seconded by Derusseau and carried 3-0.

Thellman thanked Mid-State Materials for being a responsible quarry minor.

Thellman moved to adjourn the meeting. Motion was seconded by Derusseau and carried 3-0.

 
____________________________  ____________________________
 Nancy Thellman, Chair                     Michelle Derusseau, Vice-Chair
 
ATTEST:
 ____________________________  _____________________________  
Jamie Shew, County Clerk                 Mike Gaughan, Member