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HomeMy WebLinkAboutPublic Testimony CCMachelle Hill From: Sonya Watters Sent: Monday, June 23, 2014 9:29 AM To: Dick & Susan Bagley Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Idaho Sand and Gravel mining CUP Mr. & Mrs. Bagley, Thank you for your comments. I am forwarding them to the City Clerk's office for inclusion in the public record. Thank you, Sonya Watters From: Dick & Susan Bagley [mailto:rsbagley7@gmail.com] Sent: Monday, June 23, 2014 8:40 AM To: Sonya Watters Subject: Fwd: Idaho Sand and Gravel mining CUP Please enter these emails into the testimony of the meeting of June 24th concerning the IS&G gravel mining. My message to J Darcy failed to be delivered according to the email server. Thank you ---------- Forwarded message ---------- From: Dick & Susan Bagley <rsbagleygmail.com> Date: Mon, Jun 23, 2014 at 8:20 AM Subject: Fwd: Idaho Sand and Gravel mining CUP To: idarcv(a..meridiancitv.ora Good Morning, Thank you for your assistance with the issues surrounding the IS&G gravel mine as it concerns the Aspen Cove and Val Vista subdivisions. I am forwarding an email sent on June 10th concerning this matter for your review. A meeting is scheduled for Tuesday, June 24th when an appeal by IS&G of the November 1 st deadline is to be considered. Due to previous plans, we are unable to attend this meeting so we are writing to encourage the city of Meridian to deny the appeal for more time, and to take whatever actions are necessary to enforce performance by IS&G of the November deadline. We have appreciated the understanding and actions of the city in dealing with this matter, and believe that this company is flagrantly ignoring the conditions imposed by the city at the April 17th meeting. This company's delay tactics, appeal, and failure to comply show total disregard for the city of Meridian's authority in this matter, and their current behavior must be stopped. Please add this email, and the attached June 10th email to the other written comments that are considered at the June 24th meeting. Thank you, Dick and Susan Bagley ---------- Forwarded message ---------- From: Dick & Susan Bagley <rsbagley7�&mail.com> Date: Tue, Jun 10, 2014 at 3:50 PM Subject: Idaho Sand and Gravel mining CUP To: mpd@meridiancity.org Cc: Glen Hickey <hickey leg n242gmail.com> To Whom It May Concern: At a public hearing on April 17, 2014 a staff report regarding the Southridge Gravel Mining CUP was discussed. The company was applying for an extension of their permit for an additional 18 months. At the hearing, the Planning and Zoning Commission denied this extension period and allowed only 6 months for IS&G to remove the stockpiles of sand and gravel (containing silica, a known hazardous material). Other conditions were imposed during the 6 month period to minimize the effects of the stockpiles on the surrounding residential areas. It has now come to my attention that IS&G has appealed the decision of the Commission and does not intend to comply with the conditions of approval as listed on page 15 of the P & Z staff report. The conditions in the report that the Commission approved specifically state that "ALL reclamation shall be completed by November 1, 2014 ... no further extensions will be considered". As part of a governing body with enforcement authority to prevent harm to the public, I am asking that you take whatever steps are necessary to prevent Idaho Sand and Gravel from ignoring the terms of the 6 month extension. I am also asking you to deny any appeal by IS&G to extend the deadline of November 1, 2014. This company appears to be "rolling the dice" that they will be allowed to continue with immunity from any enforcement of the conditions imposed. It is important to the residents in this area that this mining activity be terminated as quickly as possible. The staff report specifically states: "...staff finds the proposed use is not compatible with the existing residential uses in the general vicinity of the site." Please use whatever means are at your disposal to enforce compliance with the CUP conditions as required by the most recent extension as mandated by the April 17th staff report. Thank you for your assistance with this matter. Dick Bagley 2125 Aspen Cove Dr. Machelle Hill From: Dean Beaupre Sent: Wednesday, June 18, 2014 12:03 PM To: Sonya Watters; clerk Subject: FW: ISandG Complaint ---again. Can someone please help us? Here's another one. From: Ryan Brewer [mailto:rbrewer_05@yahoo.com] Sent: Wednesday, June 18, 2014 12:00 PM To: bocci@adaweb.net; mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener; ktvbnews@ktvb.com; KBOI Newsroom; news@kivitv.com; publisher@idahostatesman.com; corey@cbhhomes.com; Dean Beaupre Subject: ISandG Complaint ---again. Can someone please help us? I believe my wife has already submitted a complain on behalf of our household; however, I would like to reiterate her position and that of the rest of our neighbors that Idaho Sand and Gravel is now running (really, they have been for quite some time) rampant. Not only is this situation fraught with difficult, unnecessary consequences for the homeowners in Aspen Cove and surrounding neighborhoods, but this situation has also, minimally, tarnished the City's reputation to adequately protect itself and the people that call it home. I am having a difficult time understanding how Idaho Sand and Gravel has been allowed to call the shots here. Somebody must reign them back in and put an end to this madness. The arrogance with which Idaho Sand and Gravel has disregarded any semblance of cooperation and care about anybody is beyond comprehension. They duped us, and now that they are being called out, they've become a bully and a monster. They've continued to run a mine, gravel pit, call it whatever you want, in plain sight and are laughing all the way to the bank and the Meridian interchange. Please submit this complaint as part of the record for the City Council hearing next Tuesday. Ryan Brewer Machelle Hill From: Dean Beaupre Sent: Wednesday, June 18, 2014 6:53 AM To: Sonya Watters; clerk Subject: FW: Idaho Sand and Gravel complaint From: Jerry Ross [mailto:JerryR@kadels.com] Sent: Wednesday, June 18, 2014 6:34 AM To: Dean Beaupre Subject: Idaho Sand and Gravel complaint To whom it may concern, I would like to file a formal complaint against Idaho Sand & Gravel regarding their operation at Ten Mile and Overland roads. IS&G is not following any of the conditions set forth by the city commissioners in their previous and current conditional use permit. IS&G was required most recently to do the following: 1. Move their scale house to the northern property line to reduce impact on the surrounding neighborhoods. 2. Control the silica dust that becomes air born with the slightest winds. The piles have not been treated, nor even watered down. Zero attempt has been made by IS&G to control, or monitor, this harmful silica dust from contaminating the surrounding area. 3. IS&G continues to mine material from this site and the city commissioners explicitly stated that all mining was to stop immediately. 4. IS&G was to begin reclaiming and grading the property not currently underneath the enormous stock piles immediately. No work has been done in this regard at all. 5. The property has not had any weed control what so ever. As we get into our dryer season, I believe there is a real fire hazard to neighboring homes. 6. The enormous gravel stockpiles were to be removed. There is very little activity taking place to remove the stored gravel on site, rather, trucks full of waste material are coming onto the property and dumping, then leaving the site empty. 7. The CUP for IS&G states there is to be no signage on the property. They have a large sign at the entrance to the gravel mine on Overland road. I am resubmitting this complaint as I have still not seen IS&G comply to any of the conditions set forth in the conditional use permit since submitting my original complaint. I appreciate your prompt attention to these violations on the part of Idaho Sand and Gravel and can be contacted at 208-391-8949 if needed. Jerry M Ross 2302 Aspen Cove Dr. Machelle Hill From: Machelle Hill Sent: Monday, June 16, 2014 11:19 AM To: 'Patsy Kendall' Cc: Sonya Watters Subject: RE: Idaho Sand & Gravel appeal Dear Ms. Kendall We are in receipt of your email and will include in the public record testimony for the upcoming hearing on June 24tH Thanks, Machelle Hill Deputy City Clerk From: Patsy Kendall [mailto:patsykenda1175@gmail.com] Sent: Monday, June 16, 2014 11:01 AM To: clerk Subject: Idaho Sand & Gravel appeal City Clerk, Mayor, City Council and Code Enforcement We are strongly opposed to Idaho Sand & Gravel's appeal for their Conditional Use Permit modification. They have not accomplished in over three years what they promised to do in the first eighteen months of their original CUP. Furthermore, they have been defiant and arrogant in continuing to operate their gravel pit in spite of an April 17, 2014 ruling by the Planning and Zoning Commission. They continue to mine gravel, which they were to stop immediately. They have shown absolutely no respect or regard for the ruling and requirements by the P&Z Commission, or the health and quality of life for the nearby residents. The surrounding subdivisions were here long before the IS&G and, as stated by the P&Z Commission Chairman, the CUP should never have been issued in a residential area in the first place. IS&G demonstrated deceit in their intentions in applying for their original CUP. Please hold IS&G accountable to the rules as set forth by the Commission. It is time to put a stop to this operation once and for all. Joe and Patsy Kendall 2311 Aspen Cove Dr 888-1067 Machelle Hill From: Dean Beaupre Sent: Wednesday, June 18, 2014 8:03 AM To: Sonya Watters; clerk Subject: FW: formal complaint against Idaho Sand & Gravel From: Maureen Brewer [mailto:sheabrew@gmail.com] Sent: Wednesday, June 18, 2014 8:01 AM To: boccl@adaweb.net; mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener; ktvbnews@ktvb.com; KBOI Newsroom; news@kivitv.com; publisher@idahostatesman.com; corey@cbhhomes.com; Dean Beaupre Subject: formal complaint against Idaho Sand & Gravel Councilmen, et all: Surely you are aware of the awful situation your fellow citizens have been subjected to by allowing a gravel pit in a residential zone (i.e., our NEIGHBORHOOD). Surely you are aware that Idaho Sand & Gravel is now blatantly, unabashedly mocking the City of Meridian, not to mention your city's homeowners. Surely you are aware of the ill effects this situation has had on our health, our homes, and our pocketbooks - our home values and cash out of pocket to fight this. I have now filed several complaints with various city officials and am becoming increasingly concerned that no one has the wherewithal to call the carpet on this and take control of what's going on. Deeply troubling to me is that for the last 2 months (minimally), Idaho Sand & Gravel has been allowed to operate out of compliance with the extended CUP. This for-profit company has proven that all they care about is their own bottom line and that they have zero intention of complying with a CUP they should never have been issued in the first place. That said, I see two options: either enforce the conditions of the current CUP or kick them off the property. As elected officials, this is your moral and ethical obligation. I don't care what legalese Idaho Sand & Gravel's "power attorneys" toss around about City Code, Idaho Code, or how they mince words about the definitions of mining, a gravel pit, reclamation, grading, etc. They are playing games and wasting time in a so far very successful effort to do whatever they want. Everyone included in this email (the councilmen, the mayor, city staff, the landowner, the media) AND Idaho Sand & Gravel knows this is wrong. Thank you for your time. Maureen Brewer 2112 W Aspen Cove Dr 208-761-2414 Machelle Hill From: Peggy Gardner Sent: Wednesday, June 18, 2014 11:00 AM To: Maureen Brewer Cc: Jacy Jones; Machelle Hill; Sonya Watters; mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener Subject: RE: formal complaint against Idaho Sand & Gravel Dear Maureen: Your email has been received by the Mayor's Office. We appreciate you taking time to let us know of your concerns. I will submit this to the City Clerk to be included with the public record. It will also be included in the information given to City Council members for the public hearing on June 24, 2014. If you have any questions prior to the hearing please contact Sonya Watters in our Community Development Office. She can help guide you through the process. Mayor and Council are unable to make comments outside the public hearing. Contact: Sonya Watters swatters@meridiancity.org phone 489-0578 Thank you again; we welcome the opportunity to hear from you on this issue. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: Maureen Brewer [mailto:sheabrew@gmail.com] Sent: Wednesday, June 18, 2014 8:01 AM To: bocci@adaweb.net; mayortammy; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener; ktvbnews@ktvb.com; KBOI Newsroom; news@kivitv.com; publisher@idahostatesman.com; corey@cbhhomes.com; Dean Beaupre Subject: formal complaint against Idaho Sand & Gravel Councilmen, et all: Surely you are aware of the awful situation your fellow citizens have been subjected to by allowing a gravel pit in a residential zone (i.e., our NEIGHBORHOOD). Surely you are aware that Idaho Sand & Gravel is now blatantly, unabashedly mocking the City of Meridian, not to mention your city's homeowners. Surely you are aware of the ill effects this situation has had on our health, our homes, and our pocketbooks - our home values and cash out of pocket to fight this. I have now filed several complaints with various city officials and am becoming increasingly concerned that no one has the wherewithal to call the carpet on this and take control of what's going o.n. Deeply troubling to me is that for the last 2 months (minimally), Idaho Sand & Gravel has been allowed to operate out of compliance with the extended CUP. This for-profit company has proven that all they care about is their own bottom line and that they have zero intention of complying with a CUP they should never have been issued in the first place. That said, I see two options: either enforce the conditions of the current CUP or kick them off the property. As elected officials, this is your moral and ethical obligation. I don't care what legalese Idaho Sand & Gravel's "power attorneys" toss around about City Code, Idaho Code, or how they mince words about the definitions of mining, a gravel pit, reclamation, grading, etc. They are playing games and wasting time in a so far very successful effort to do whatever they want. Everyone included in this email (the councilmen, the mayor, city staff, the landowner, the media) AND Idaho Sand & Gravel knows this is wrong. Thank you for your time. Maureen Brewer 2112 W Aspen Cove Dr 208-761-2414 Machelle Hill From: Dean Beaupre Sent: Tuesday, June 17, 2014 8:37 AM To: Sonya Watters; clerk Subject: FW: Idaho Sand and Gravel Pit From: LAR & LAR [mailto:twolars@gmail.com] Sent: Friday, June 06, 2014 12:13 PM To: Dean Beaupre Subject: Idaho Sand and Gravel Pit I would like to have this letter entered for record in regards to the upcoming city council meeting, Tuesday June 24th at 6:00 I was under the assumption the problem with this project was taken care of last meeting on April 17. Evidently the conditions set forth were too difficult to abide by or really just totally ignored. Must have the attitude they are above the commission and property owners. In hindsight Idaho Sand and Gravel should have never been issued the conditional permit -knowing their total disregard of all concerned. I'm an so upset -are they just to big to conform to the conditions set? To my understanding IS&G was to simply remove excess material to achieve the designed subgrade for the approved subdivision. Now the property is getting waste material trucked in to fill the HOLE --from who knows where, so the poor people buying (if that ever happens)are not getting the land in its purest, they won"t know what they are building on ---nobody will. So 2 months later, from our meeting in April and we are still suffering with all our ills and frustrations, is this right? I don't think so. Thank you for your time, Lynne Reiber, Aspen Cove Subdivision Machelle Hill From: Robert Marsland <rmarsland@earthlink. net> Sent: Thursday, June 12, 2014 7:01 PM To: clerk Subject: Idaho Sand and Gravel appeal of latest conditional use permit Please see that the Mayor and City Council members get a copy of our letter. Thank you so much for your assistance. Bob Marsland Mayor and City Council Members Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 Dear Mayor de Weered and City Council Members: Re: Idaho Sand and Gravel appeal to the latest conditional use permit. Robert and Nadine Marsland 2050 Aspen Cove Drive Meridian, ID 83642 June 12, 2014 We write this letter to you out of a growing sense of frustration. Our home is located just SE of the Idaho Sand and Gravel (ISG) crushing and stockpiling outfit located near Ten -mile and Overland Roads in the Southridge development. We have lived at this address since September of 1993 enjoying the beauty and peacefulness of this area until commencement of the Idaho Sand and Gravel (IS&G) mine some three years ago. After the April 17th Planning Commission hearing and issuance of a new six month conditional use permit (CUP) that included strict conditions for operation and clean up, and a confirming vote by the City Council on the 18th we (the land owners on W. Aspen Cove) expected at least some conformance to the CUP action. Instead Idaho Sand and Gravel has made no move to abide by conditions of the new six-month permit. In fact they are simply ignoring all aspects and conditions, and are even hauling debris and trash in and dumping in their pit. 1. IS&G continues to mine gravel from their pit loading it on their trucks and are hauling to some location from there. The conditional use permit requires them to cease all mining activity. They are primarily hauling pit run which is large rock and sand dug directly from undisturbed earth. IS&G was directed in the CUP to immediately begin hauling the processed material stockpiled on their site, instead they continue to mine gravel and are leaving the large stockpile as it stands. 2. They are hauling contaminated fill back from other projects and dumping it on the site. 3. IS&G was required by the initial CUP to reach certain grade levels on the property to meet land developer requirements, instead they ignored that directive and simply began mining gravel digging well beyond the specified level. Now it appears as if they are bringing in fill with debris to fill in some of the pit. This cannot be legal or within the planning requirements of the City as reflected in the zoning and intended use of the land. 3. IS&G has made no effort to suppress the silica blowing from the large stockpiles. We as well as our neighbors continue to be plagued with blowing silica sand and dust from their operations. Every time we have a windy day the silica dust billows off the stockpiles right into our homes, and yards. IS&G is appealing this requirement of the use permit. The National Institute of Medicine/National Library of Medicine, and OSHA have issued several reports and findings on the hazards of exposure to silica over period of time. While symptoms of silicosis may take years to appear, damage is occurring to the tiny air sacks of the lungs and begins to compromise lung function and open the way for other diseases of the lungs, opportunistic infections or autoimmune diseases such as: rheumatoid arthritis, scleroderma, systemic lupus, lung cancer, progressive massive fibrosis, bronchitis, Chronic Obstructive Pulmonary Disease, respiratory failure and tuberculosis. We, on W. Aspen Cove Dr., have been exposed to varying degrees of silica dust from the IS&G site for the past three years. While most of us are semi-or fully retired and are much more susceptible to all diseases and now particularly diseases affecting the lungs, a few of are neighbors are younger with small children. There is no treatment for lung damage caused by exposure to silica dust and all damage is cumulative. All exposure causes some damage and the damage is irreversible. 4. IS&G has not moved the scale house as required. This is another condition they wish to appeal. They say it is not conducive to their haul route and will cause them hardship. However it would be conducive to the haul route if they were hauling the processed stockpiled material as required by the CUP, rather than pit run extractions, which they are not authorized to do. 5. IS&G has not begun to mediate the site and have indicated that they could not have it done within the six month time frame. The fact is that they have done nothing since the new CUP was issued to comply with its requirements. This is another condition of the permit they are appealing. 6. IS&G is not making a diligent effort to haul the stockpiles from the extraction site, but rather is treating the six month extension as a license to go on doing exactly what they want to do and ignore the conditional use permit. IS&G's arrogance in continuing to ignore the city's requirements and to simply continue on with impunity makes you the Mayor and City Council appear powerless. When Planning and Zoning first approved a CUP for IS&G their minutes reflected a concern that the permit have several requirements and be time sensitive as several commissioners had reservations regarding allowing a gravel mining company to operate in a residentially zoned area (even under a fairly restrictive use permit). After all this time and IS&G's continual disregard of CUP requirements it is patently evident that it was a huge mistake to approve a CUP in in the first place and now it is time to enforce your action. You should not allow yourselves to be held hostage to IS&G's continual maneuvering in their attempt to ignore your requirements as recorded in the permit. Sincerely, Assistant Surgeon General, United States Public Health Service (Ret.) Nadine Marsland 208-887-9610 Home. 208-631-5789 Cell. Robert Marsland rmarslandnearthlink.net Rear Admiral USPHS, Retired 2050 Aspen Cove Drive Meridian, ID 83642 208-631-5789 Cell Machelle Hill From: Sonya Watters Sent: Monday, June 09, 2014 3:05 PM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: FW: IDAHO SAND AND GRAVEL CONDITIONAL USE PERMIT' - public testimony From: Keith Ebeling [mailto:kgriz@q.com] Sent: Monday, June 09, 2014 2:57 PM To: Dean Beaupre; mpd; glenn hickey; Keith Ebeling Subject: IDAHO SAND AND GRAVEL CONDITIONAL USE PERMIT' Would you please forward this to all parties involved with this project. For the past three years I have watched Idaho Sand and Gravel blatantly ignore the conditions and the requirements of their conditional use permit that the were operating under. They started work before and worked after scheduled times. They worked on the weekends which was prohibited in the CUP. I had to call the police to have them shut down. They did not water when they were moving materials. They made no attempt to lower the grade which was the reason for them being there. They were not to go below the proposed grade level, but as usual they ignored that requirement and dug a huge pit to mine their gravel. Instead of working to complete the requirement of the CUP, they mined until the last day. The city denied their application for an 18 month extension, but allowed them six months under a new CUP to clean up the mess. Since then they have continued their arrogance by not following the requirements of the new CUP. They have not moved the scale house to the north side of the sand piles as required. There has been no effort to control the dust and silica from this material. The CUP required them to use chemicals or a watering system to control the dust and silica. These solution were ignored. There was to be no more mining of ore, but every week we see or hear them load their truck with material and haul this off the site. When I spoke with someone about this they said the could haul material to lower the grade. My reply was if that is the case why are they hauling waste from their construction sites? There has been no effort to lower the grade and reseed the property to eliminate the dust and silica. They have not made a great effort to remove the sand as there is little evidence of the piles being reduced in size. Now they are appealing the decision. This is just another stalling tactic to buy time and they will continue to operate as they have in the past. I think it is time to stop this type of action and hold the landowner responsible for getting this area cleaned up. My final comment is, "why would a meeting with ACHD be needed as there is no highway on this mine site." Keith and Dianne Ebeling 2150 Aspen Cove Drive Machelle Hill From: Sonya Watters Sent: Thursday, June 05, 2014 12:38 PM To: Bill Weiss Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Idaho sand and gravel Thank you for your comments, they will be included in the public record for the Council hearing. From: Bill Weiss [mailto:bilweiss@gmail.com] Sent: Thursday, June 05, 2014 12:36 PM To: Sonya Watters Subject: Idaho sand and gravel I protest the extention of Southridge gravel minings application to further exploit the area. They have not followed the rules so far and I guess with that much money , they feel beyond the law. I am 81 and my wife is 78. We cannot attend the meeting so I am writing to make my protest known. Thank you for consideration .... William and Phyllis Weiss Machelle Hill From: Robert Carlson <robertkcarlson@aol.com> Sent: Wednesday, June 04, 2014 9:25 PM To: Dean Beaupre; Sonya Watters; clerk Cc: bobc2647@aol.com Subject: Idaho Sand and Gravel Meridian City, Idaho Sand and Gravel is not in compliance with the conditions of approval as set forth in the extended permit. It is our understanding that: #1 IS&G has not stopped mining as stated in the CONDITIONAL use permit. They are primarily hauling pit run which is large rock and sand dug directly from undisturbed earth. It has not been processed, this is mining. This has diverted their attention from hauling the processed material as intended by the extension. #2 They are hauling contaminated fill back from projects and dumping it on the site. The original premise was simply to lower the grade of the site and make use of the excess material. They indicated that they were within 15% of this goal at the last public hearing. They will never get there. #3 They have made no effort to suppress the silica blowing from the piles. (let's not call it dust) This is one of the conditions they are appealing. They don't want to do it as it would be expensive #4 They have not moved the scale house. This is another condition they are appealing. They say it is not conducive to their haul route and will cause them hardship. It would however be conducive to the haul route if they were hauling the processed material stockpiles as intended. #5 They have not begun re mediating the site and have indicated that they could not have it done within the six month time frame. This is another condition they are appealing. #6 They are not making a diligent effort to haul the stockpiles, but rather are treating the six month extension as a license to STEAL. We are asking the City of Meridian to hold Idaho Sand & Gravel to the conditions and the timeframe as was outlined in the most recent extension to the conditional use permit, or put a gate on the property and shut it down. Enough is enough! Robert K Carlson and Susan B. Carlson 2300 Aspen Cove Dr. Meridian Idaho, 83642 Machelle Hill From: Sonya Watters Sent: Tuesday, June 03, 2014 8:56 AM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: John Overton - Police; Justin Lucas; JerryR@kadels.com Subject: RE: Idaho Sand & Gravel Please enter Mr. Ross' comments into the public record. Thanks, Sonya From: Jerry Ross [mailto:JerryR@kadels.com] Sent: Monday, June 02, 2014 8:34 AM To: mpd Subject: Idaho Sand & Gravel To whom it may concern, I would like to file a formal complaint against Idaho Sand & Gravel regarding their operation at Ten Mile and Overland roads. IS&G is not following any of the conditions set forth by the city commissioners in their previous and current conditional use permit. IS&G was required most recently to do the following: 1. Move their scale house to the northern property line to reduce impact on the surrounding neighborhoods. 2. Control the silica dust that becomes air born with the slightest winds. The piles have not been treated, nor even watered down. Zero attempt has been made by IS&G to control, or monitor, this harmful silica dust from contaminating the surrounding area. 3. IS&G continues to mine material from this site and the city commissioners explicitly stated that all mining was to stop immediately. 4. IS&G was to begin reclaiming and grading the property not currently underneath the enormous stock piles immediately. No work has been done in this regard at all. 5. The property has not had any weed control what so ever. As we get into our dryer season, I believe there is a real fire hazard to neighboring homes. 6. The enormous gravel stockpiles were to be removed. There is very little activity taking place to remove the stored gravel on site, rather, trucks full of waste material are coming onto the property and dumping, then leaving the site empty. 7. The CUP for IS&G states there is to be no signage on the property. They have a large sign at the entrance to the gravel mine on Overland road. I appreciate your prompt attention to these violations on the part of Idaho Sand and Gravel and can be contacted at 208-391-8949 if needed. Jerry M Ross 2302 Aspen Cove Dr. Machelle Hill From: Sonya Watters Sent: Monday, June 02, 2014 10:45 AM To: Tony Martarano; Dean Beaupre; Matt Parsons Cc: Glen Hickey (hickeyglen24@gmail. com); Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: IS&G Non Compliance /City Council Meeting Tony, I'm copying the Clerk's office with your email for inclusion in the public record. Thanks, Sonya From: Tony Martarano [mailto:tony@capaving.com] Sent: Monday, June 02, 2014 10:05 AM To: Sonya Watters; Dean Beaupre; Matt Parsons Cc: Glen Hickey (hickeyglen24@gmail.com) Subject: IS&G Non Compliance /City Council Meeting I would Like to have this letter formally entered for the record in regard to the upcoming City Council Meeting. Idaho Sand and Gravel is not in compliance with the conditions of approval as set forth in the extended permit. A couple of points that need to be made: The City Of Meridian does not require a grading permit. A Conditional use permit would not be necessary to simply remove excess material from the site to achieve designed subgrade for an approved subdivision. The applicant presented a grading plan that showed the site elevation needing to be lowered. The existing material on this site is native pit run. The permit was requested because the applicant, and the Property owner, understood the value in processing the existing gravel material for use on their projects as well as retail sales. Since the permit was issued IS&G has mined below the grades that were originally presented. There was never any attempt made by IS&G to grade the site and conclude the operation by the established expiration dates. The subdivision elevations that facilitated the request for the original permit have no bearing on anything at this point. The Platt was allowed to expire, there is no subdivision. IS&G stated that they had a right to grade the site as per their reclamation plan and that loading and hauling of the manufactured gravel product was simply part of Reclamation, or site grading. They stated that they could do this with or without a permit. Those gravel piles are the product of a gravel pit, which can only be allowed under a conditional use permit. The loading and the trucking of that material is part of the conditional use permit along with language regulating the same. There is really no question that this is a gravel pit by any definition. A conditional use permit would be required just to stockpile materials on a property. There is no correlation between a gravel pit reclamation plan and a site grading plan. You are not required to obtain a reclamation plan to grade a subdivision. A reclamation plan is specifically necessary for a mining operation. Idaho Department of Lands requires and approves the reclamation plans. A reclamation plan requires that finished slopes in a pit not exceed a specific slope. The floor should be smooth, and the affected area needs to be seeded. The State doesn't care if there is a hole, or a hill, as long as the slope is correct and the property is seeded. The typical cost of reclamation is around $2000 per acre. That price does not include mass grading, Simply finish grading and seeding once the piles have been removed and the mining is complete. The intent of this permit extension was to allow IS&G adequate time to remove the stockpiles. As a neighborhood we requested 4 months be allowed for this process. Staff recommended 6 months. The neighborhood association supported Staffs recommendation in good faith. Along with Meridian P&Z Staff, We believed that IS&G would make a diligent effort to comply with the conditions of approval and take advantage of the opportunity to get their material off the site. To date, Idaho Sand has made no real effort to haul the stockpiles off. They have dumped trash in the pit. They continue to mine pit run. They have not moved the scales or the scale house. They have made no effort to implement dust control on the stockpiles as required. They claim that meeting these conditions of approval will put undue hardship on them .One month of the six month extension is gone. The conditions of approval on the permit are specific. They have blatantly ignored the Commissioners decision. I don't believe they have any intention of being cleaned up and gone when the permit expires. I believe they are setting the stage to continue " Reclamation/ Grading" well after the permit expires. I suspect this process will take about 1.5 years, or until IS&G's interchange project is complete. The whole purpose of a Conditional use permit is to allow a non- allowed use to take place if certain conditions are met. Those conditions of approval take the surrounding property and property owners in to account to safeguard the interest of the community and the public. Those conditions have not been met, Therefore they should not be allowed to continue to operate. Nor should they be able to remove materials without a permit under the Premise of "site grading or reclamation" . This is an industrial gravel mining operation where manufactured material is being bought and sold. The site could also be interpreted as a contractors staging yard, which is not a permitted use. The City and the homeowners are being taken advantage of at this point. It is blatant disregard and contempt at this point. They have no concern for us as neighbors, nor do they have any fear of repercussion from the City. We are all going to be left with a huge problem at the end of this. The approximate $17,000 bond is all that IS&G has to lose here. That is not even close to what it is going to take to remediate this site when they leave. Tony Martarano 208 371-4308