Kraemer Proposal Overview and Documents


Information on Traprock Quarry Proposed by Kraemer Mining and Materials, Inc.

 

Notice: On January 20th 2010 the Polk County Land Information Committee formally adopted its decision to deny Kraemer's request for a Special Exception Permit. Please see Polk County's web site for any information after this date.

Disclaimer: The Town of Osceola is posting this information for the benefit of the Town’s residents and others interested in this proposal. The Town has made a good-faith effort to ensure the accuracy and completeness of this information and shall not be held liable for any errors or oversights. Inaccuracies should be brought to the Town’s attention. Links to additional information can be found at the bottom of this page.

Overview: On October 13th 2008 Kraemer Mining and Materials, Inc (Kraemer) applied to Polk County for Non-Metallic Mining Reclamation and Special Exception Permits. Kraemer proposes to operate an approximately 61-acre basalt (traprock) quarry and 23-acre processing area on an approximately 155-acre site located southeast of the junction of Highways F and MM in the Town of Osceola. Kraemer is currently leasing the land from private landowners for this purpose. The quarry would produce crushed aggregate products, operating for 30-50 years before being closed and reclaimed. The proposed activities would include drilling, blasting, crushing, washing, stockpiling, and hauling by truck and rail.

On behalf of James Rochford Sr., one of the private landowners, Kraemer has also petitioned the County to rezone the approximately 21.5 acres west of the railroad grade from Commercial-1 to Agricultural-1. This change is necessary because operation of a quarry is not permitted on properties zoned Commerical-1.

Zoning Authority: In Wisconsin, townships have three zoning administration options: 1) no zoning, 2) zoning administered by the town or 3) zoning administered by the county. In 1970 the Town of Osceola opted for county zoning, which Polk County administers through their Comprehensive Land Use Ordinance.

Non-Metallic Mining Authority: Chapter NR 135 of Wisconsin’s Administrative Code addresses reclamation of non-metallic mines and requires county governments to administer reclamation programs. Other municipalities may administer the program if they have a reclamation ordinance, which the Town of Osceola does not.

Role of the Town: Because both zoning and non-metallic mining authority reside with Polk County, the Town’s role is advisory only. Final determinations on all petitions, approvals and permits are issued by the County.

Non-Metallic Mining Reclamation Permit: Polk County’s Nonmetallic Mining Ordinance is administered by the Land and Water Resources Department. Before a quarry or mine can begin operation the operator must have a Reclamation Permit.  Before this permit can be approved, the applicant must have an approved Reclamation Plan, signed certification of their intention to comply with the reclamation standards, and the required financial assurances for inspections and reclamation. Chapter NR 135 of Wisconsin’s Administrative Code addresses reclamation of non-metallic mines and requires county governments to administer reclamation programs. Other municipalities may administer the program if they have a reclamation ordinance, which the Town of Osceola does not.

Special Exception Permit: Although operation of a quarry is a permitted use in an area zoned Agricultural-1, it requires a Special Exception (“conditional use”) Permit, and the County will not issue this permit until all the requirements for the Non-Metallic Mining Reclamation Permit have been approved. Generally, the Special Exception Permit may impose additional restrictions based on the following criteria:

  1. The maintenance of safe and healthful conditions.
  2. The prevention and control of water pollution including sedimentation or other forms of pollution.
  3. Existing topographic and drainage features and vegetative cover on the site.
  4. The location of the site with respect to floodplains and floodways of rivers and streams.
  5. The erosion potential of the site based upon degree and direction of slope, soil type, and vegetative cover.
  6. The location of the site with respect to existing and future access roads.
  7. The need of the proposed use for a shoreland location.
  8. Its compatibility with uses on adjacent land.
  9. The amount of septic waste to be generated and the adequacy of the proposed disposal system.
  10. Domestic uses shall be generally preferred

Approval Process: The County will first consider the petition to re-zone, then the application for the Special Exception Permit. A public hearing is required for each. The Polk County Board and Polk County Land Information Committee do request input from the affected town but are not bound by the Town’s recommendations.  Gary Spanel, Polk County Zoning Administrator, has assured the Town that the County will take no action on the rezoning petition or the Special Exception Permit until the Town has offered its recommendations.

The overall process is expected to be as follows:

  1. The Town of Osceola Plan Commission makes recommendations to the Osceola Town Board
  2. The Osceola Town Board makes recommendations to Polk County
  3. The Polk County Board decides on the zoning district change
  4. The Polk County Land Information Committee decides on the Special Exception Permit

Updates: This web page will be updated as needed. The best way to stay informed of the Town’s activities regarding this issue is to attend the monthly Town Board and Plan Commission meetings. Board and Plan Commission meetings are typically held at the Town Hall at 7:00 pm on the 2nd and 4th Mondays of the month, respectively. Dates and locations sometimes vary to facilitate timely decision-making and anticipated meeting attendance. For upcoming meetings, please check here, the Osceola Sun newspaper, or the Town Office. Archived agendas and meeting minutes are also available on the Town’s website.

Residents with additional questions can e-mail them to:  townofosceola@centurytel.net or call
715-755-3060. The Town would also appreciate receiving any additional information that would be beneficial.

Presentation of Land Use Compatibility Analysis at Professional Conference (Kraemer)

Presentation of Land Use

Town Attorney Letter to County Zoning Administrator and LIC - 21 Oct 2009 (Kraemer)
Letter to County Zoning Administrator and LIC

QRDC Noise and Vibration Review of SEP - 20 Oct 2009 (Kraemer)
QRDC Noise and Vibration Review of SEP

Cedar Corporation Review of Revised SEP (Kraemer)
Review of Revised SEP

Chairman Stroshane's October 2009 Presentation as Handout (Kraemer)
Presentation as Handout

Chairman Stroshane's October 2009 Public Hearing Presentation (Kraemer)
Public Hearing Presentation


Wright Presentation to LIC 21 Oct 2009 - As Handout (Kraemer)
Wright Presentation to LIC 21

Wright Presentation to Polk County Land Information Committee - 21 Oct 2009 (Kraemer)
Wright Presentation

Resolution 09-09 Recommending Denial of Kraemer SEP Application
Recommending Denial of Kraemer SEP Application

Summary of Special Exception Permit Considerations - Sept 9, 2009 revision (Kraemer)
Special Exception Permit Considerations - Sept 9, 2009 revision

Town Attorney Response to Open Records Request Kraemer
Response to Open Records

Wright Jan 2009 Presentation, Revised per SEP, as Handout (Kraemer)
Handout

Wright's Jan 2009 Plan Commission Presentation - Revised per Revised SEP (Kraemer)
Plan Commission Presentation - Revised per Revised SEP

FORCE WI Attorney Letter Regarding Prejudgment and Partiality (Kraemer)
Letter

Braslau Report on Air Quality, Blasting and Traffic (Kraemer)
Report

Chairman Stroshane's Letter on the Kraemer SEP Public Hearing Process
Letter on the Kraemer SEP Public Hearing Process

Dr. Allaei's Rebuttal to Kraemer's 12/10/09 Rebuttal
Dr. Allaei's Rebuttal to Kraemer

Kraemer Summary Rebuttal of Oct 21st Public Hearing
 Kraemer Summary

Kraemer Attorney Open Records Request - Response to Town Attorney
Kraemer 2nd Open Records Request letter

Kraemer Attorney Open Records Request
Open Records Request

Kraemer Attorney Letter Regarding Prejudgement & Partiality
Letter Regarding Prejudgement & Partiality