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Public Testimony PZScott & Jennifer Nichols 2730 West Val Vista Ct. Meridian, ID 83642 April 15, 2014 Meridian Planning and Zoning Commission City of Meridian, Idaho 33 East Broadway Avenue Meridian, ID 83642 Subject: Application MCU -14-001 by Idaho Sand and Gravel Modification to existing Conditional Use Permit (CUP 10-015) Dear Commissioners, Jennifer and I live at 2730 West Val Vista Ct. in the Val Vista Subdivision. We immediately border the Southridge development and the Idaho Sand and Gravel operations that are under review. For the past seven years Jennifer and I and the neighbors that border the Southridge development have worked together with multiple developers. We have attended dozens public meetings and testified at numerous Planning and City Council meetings. The current gravel extraction is the result an extensive planning and community outreach process that will preserve the view shed for residents. The current work reflects just one phase of the Southridge development. During the original approval, Idaho Sand & Gravel committed to accomplish the gravel removal as quickly as possible but noted that site conditions and construction needs would directly affect their ability to complete the work within 18 months - the City's imposed time limit for the work. Unfortunately the work could not be accomplished within the original time limits and the residents who are currently complaining about the work, who have hired attorneys, and who have signed petitions to stop the project either elected to not participate in the planning process or supported the original decision and development designs. Jennifer and I, and our neighbors closest to this project continue to support the gravel removal and the final design plan for Southridge. We too want the work done as quickly as possible with minimum impacts. We recommend you approve the extension of the excavation, crushing, removal and final grading (reclamation) associated with this project. Sincerely, r Scott & Jennifer Nichols �Al 4_1vq April 9, 2014 Meridian Planning and Zoning Commission City of Meridian, Idaho 33 East Broadway Avenue Meridian, ID 83642 Subject: Application MCU -14-001 by Idaho Sand and Gravel Modification to existing Conditional Use Permit (CUP 10-015) To Whom It May Concern: Our residence is at 2540 S. Del Rey Lane, Val Vista Subdivision #2, which borders directly to the south of the above -stated project. The prime concern of our Val Vista neighborhood with the development of the project to the north of us was the obstruction of view by the homes to be built on the subject property. It is our opinion that Idaho Sand and Gravel should be allowed to finish the project as planned from the beginning, which lowers the elevation for less obstruction of our view to the north of the mountains. It is also our feeling they should have been given adequate time from the start of the project. Neighbors behind us in the Aspen Cove Subdivision complain about dust. We are much closer to the project than they are, and we haven't noticed any more dust than normal. It seems to us that the trees between our two subdivisions would defer much of the dust. It is our hope that Idaho Sand and Gravel can continue the project in a reasonable amount of time so the land can be made to conform to the agreement made with Val Vista Subdivision. Si erely, Larry & Carolyn Van Hees Machelle Hill From: Sonya Watters Sent: Wednesday, April 16, 2014 9:45 AM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Justin Lucas; Glen Hickey (hickeygien24@gmail.com) Subject: FW: Extension Please include this email as public testimony. Thx! From: Glen Hickey [mailto:hickeyglen24@gmail.com] Sent: Tuesday, April 15, 2014 2:11 AM To: Sonya Watters Subject: Extension Sonya, Thank you for keeping us informed. We are pleased overall with your staff report. That being said I need to bring up a couple of points. Where are the teeth? This is a big issue for all of us, where are the teeth? We want to see performance guarantee of some kind. We want the city to keep IS&G a short leash this time. We are very tentative about allowing this extension at all. The new CUP should state something like. The conditional use approval shall be null and void if the applicant fails to adhere to any of the stipulations herein. Also I took a walk around the Southridge Gravel Mine site Saturday. It made me ill to see that they are hauling return loads of FILL back to the area where they are needing more time to "lower the grade" At the first neighborhood meeting I asked Tod Lakey in front of Ryan Russel specifically if they planned to bring in fill. His answer was emphatically no. Aside from that the entire property is an open wound. They were supposed the re mediate everything that was not being actively mined. They are raping it. I would suggest that the commissioners take a tour of the entire property prior to the Thur meeting. It will speak volumes There are plenty of good roads. Thanks for reading my latest rant, RSPV Glen Hickey PS:This will all be over soon I hope. Machelle Hill From: Sonya Watters Sent: Thursday, April 10, 2014 8:43 AM To: Wyatt B. Johnson Cc: Susan Livingston; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Southridge Gravel Mining MCU -14-001 Mr. Johnson, Thank you for email, it will be included in the public record as testimony Thanks, Sonya From: Wyatt B. Johnson [mailto:wyatt@angstman.com] Sent: Thursday, April 10, 2014 8:22 AM To: Sonya Watters Cc: Susan Livingston Subject: Southridge Gravel Mining MCU -14-001 Ms. Watters, I am writing on behalf of the Concerned Neighbors Against the Southridge Gravel Mining Extension," an unincorporated association consisting of several residents with property in the immediate vicinity of the sand and gravel mine currently being operated by Idaho Sand and Gravel, and which is the subject of the above referenced application. As you are aware, Idaho Sand and Gravel's approval for construction sand and gravel mining as a conditional use within the R-4 and R-8 zones expired on April 4, 2014. Nonetheless, Idaho Sand and Gravel still maintains substantial mineral stockpiles on site, and has conducted no required reclamation. Moreover, it has not complied with the site specific condition of approval 1.1.18 that the site be graded per the reclamation plan as attached to the approval of the modification MCU -12-003. Idaho Sand and Gravel has clearly adopted the strategy of asking forgiveness, rather than permission. From my review of the application, it appears that Idaho Sand and Gravel may be taking the position that, if they are not excavating material or crushing it, they are not engaged in "construction sand and gravel mining," and, thus, believe they can escape the City's jurisdiction. However, I think that is a mistaken view of the law. For several reasons, I believe that the City still maintains significant jurisdiction and control over Idaho Sand and Gravel's mine. The starting point, of course, is that any use that is not explicitly permitted within the R-4 and R-8 zones is prohibited. As such, it is "unlawful and a violation of the [Meridian City Code] for any person to conduct in a residential district any prohibited use." Meridian City Code 11 -2A -2(C). At the current time, Idaho Sand and Gravel's mineral stockpiling, even absent further excavation and crushing, is an unlawful use. The current use is unlawful because mineral stockpiling is an inherent part of the mining process. Idaho Code 47-1503(7) defines "surface mining operations" as "the activities performed on a surface mine in the extraction of minerals from the ground, including the excavating of pits, removal of minerals, disposal of overburden, and the construction of haulage roads, exclusive of exploration operations. . ." Stockpiling, and eventual removal of materials as they are sold is certainly within the scope of the "construction sand and gravel mining" use, which may only occur in this zone under a conditional use permit. Absent such a permit the use is unlawful. Alternatively, if the current use for mineral stockpiling was not within the definition of "construction sand and gravel mining," then Idaho Sand and Gravel's current use could only reasonably fit the definition of a "contractors yard." See Meridian City Code 11-1A-1. Because the stockpiled material is certainly construction material, the pits would be "land used by a contractor for storage, maintenance or processing incidental to the business of building, hauling, excavation, demolition, or similar activity ..." Critically, in the residential zones, such a use is not permitted under any circumstance. See Meridian City Code Table 11-2A-2. Therefore, as a contractor's yard, Idaho Sand and Gravel's current mineral stockpiling is an absolutely prohibited and unlawful use. At the very least, it would be arbitrary, capricious and an abuse of discretion to allow Idaho Sand and Gravel to continue a patently illegal use. In such a case, the Commission's action would potentially be subject to judicial review and reversal. See Idaho Code 67-5279; 67-6521. If adversely affected, my client may consider just such a course of action. At this point in time, the organization I represent is interested in a compromise solution, where Idaho Sand and Gravel removes its stockpiles and completes the reclamation in a prompt and reasonable fashion. However, due to the fact that Idaho Sand and Gravel's current use is illegal, this solution should be approached from the standpoint of finding the most timely removal of the offending activity as reasonably possible. -Wyatt Johnson Wyatt Johnson ANGSTMAN JOHNSON Attorneys and Counselors 3649 N. Lakeharbor Lane Boise, ID 83703 Phone: 208-384-8588 FAX: 208-853-0117 www.angstman.com NOTICE: This electronic transmission (arid/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 and 2521 and may be legally privileged. This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are Hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this communication in error, please notify Angstman, Johnson & Associates, PLLC immediately by telephone (208-384-8588) and destroy the original message. Messages sent to and from us may be monitored. If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address. Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 8:36 AM To: Dick & Susan Bagley Cc: Glen Hickey; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Idaho Sand and Gravel Thank you for your comments, they will be entered into the public record. From: Dick & Susan Bagley [mailto:rsbagley7@gmail.com] Sent: Tuesday, April 08, 2014 9:03 PM To: Sonya Watters Cc: Glen Hickey Subject: Idaho Sand and Gravel Hi Sonya, I am writing to follow up on a hand written letter dated March 27 that was written and signed for both of us by my wife, Susan Bagley. The letter she wrote requested that the gravel mining CUP permit extension being requested by ISG be denied. Last Sunday, April 6th, at a neighborhood meeting on this matter, it was decided that rather than denying an extension, our group felt that an extension should be granted. The extension should contain conditions required to be put in place and enforced in order for IS&G to continue working at the site. The conditions have been presented to you by Glen Hickey, and these were unanimously agreed to by our neighborhood association. Most importantly, we want IS & G to complete removal of the gravel pile and reclamation of the site within 4 months of granting of the CUP extension. My wife Susan and I are in agreement with allowing this short term extension with the conditions that were presented. This will allow IS&G to quickly remove the gravel pile, and should also disallow any further mining of rock, gravel, pit run, or any other products from the site. Reclamation of the site to its original topography should also be required. We appreciate your understanding of the imposition that this mining project has had on our neighborhood. Also, we are thankful that you and your office can help incorporate our desired revisions to the earlier letter in your recommendations. Best Regards, Dick and Susan Bagley Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 8:39 AM To: Keith Ebeling Cc: glenn hickey; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Idaho Sand and Gravel CUP Thank you for your comments, they will be entered into the public record. From: Keith Ebeling [mailto:kgriz@q.com] Sent: Tuesday, April 08, 2014 10:15 PM To: Sonya Watters Cc: glenn hickey Subject: Idaho Sand and Gravel CUP Sonya, my wife and I are for a limited extension of the CUP for IS&G with the condition that were spelled out in the letter from Glen Hickey. We agree with these conditions and do not want IS&G to go forward without limitations. We want the site cleaned up in a timely manner and returned to the grade specified in the CUP. I think a time frame of 2 to 4 months would be appropriate. Please advise if you need me to spell out the exact conditions we all agreed on. Thanks for your help in this matter. Keith Ebeling Dianne Ebeling This email is free from viruses and malware because avast! Antivirus protection is active. Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 8:26 AM To: Glen Hickey (hickeyglen24@gmail.com) Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: FW: Southridge Thank you for your comments, they will be added to the public record. From: Glen Hickey [mailto:hickeyglen24@gmail.com] Sent: Tuesday, April 08, 2014 8:21 PM To: Sonya Watters Subject: Southridge Sonya I am writing to advise you that I agree with Aspen Cove Subdivision and their position on the short extension with conditions. Peg Hickey Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 9:46 AM To: Bill Weiss Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: IS&G extension Thank you for your comments, they will be included in the public record. From: Bill Weiss [mailto:bilweiss@gmail.com] Sent: Wednesday, April 09, 2014 9:44 AM To: Sonya Watters Subject: IS&G extension We are in favor of the extension for a limited time. The gravel people have abused their contract in the past. This short period should be for cleanup of the existing mess. I pray the council will agree. Bill & phyllis Weiss Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 8:43 AM To: Naomi Elton Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Thank you for your comments, they will be included in the public record. In order for your neighbors to be included on your letter, they would need to sign a petition or otherwise convey their testimony to the City individually. From: Naomi Elton [mailto:eltoncnak@yahoo.com] Sent: Tuesday, April 08, 2014 10:23 PM To: Sonya Watters Subject: As a land owner in Val Vista subdivision I have been in contact with all my neighbors and 10 out of the 13 residents are in agreement with this plan. Any help in bringing this to a close will be deeply appreciated. To: Sonya Watters, Meridian City Planner, swatters(cD-meridiancitv.org RE: MCU 14-001 We are in support and endorse the following conditions for the IS&G CUP extension. We now ask the city to grant a further extension to IS&G but with the following conditions. Please do not allow IS&G to continue operations on the property without any conditions or monitoring. #1 No more crushing whatsoever, remove the crusher #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction of material, all mining stops. #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premises #9 Accomplish this within 4 months #10 Ramifications and IS&G signature on an agreement Thank you for all of your help regarding this matter, Curtis Elton Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 8:56 AM To: Tony Martarano Cc: Glen Hickey (hickeyglen24@gmail.com); Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Southridge Gravel Pit Thank you for your comments, they will be entered into the public record. From: Tony Martarano [mailto:tony@capaving.com] Sent: Wednesday, April 09, 2014 7:19 AM To: Sonya Watters Cc: Glen Hickey (hickeyglen24@gmail.com) Subject: Southridge Gravel Pit Sonya, The neighborhood is really up in arms and very disappointed. Our original position was to shut ISG down completely. The reality is the Gravel piles are going to need to be moved, one way or another. Idaho Sand & Gravel has neglected to follow the guidelines as set forth in the CUP. They have Been taking advantage of the short term opportunity they were granted, and shown no respect for the City of Meridian or the neighbors. Can we have some input on setting some guidelines for how that is done to minimize the effect this is having on us as a neighborhood? We feel it be better to approve a short duration time extension so that there could be controls in place regarding the process of moving the aggregate stockpiles? We need to have a definite expiration date on this deal as well. 3-4 months maximum. I believe that if ISG load all materials from the North side working South it will minimize impact on Neighbors to the South. Relocate truck scales and scale house to the north side. Keep truck activity to the north side for loading. Either coat exposed face on South side with Magnesium Chloride, or put a temporary Sprinkler system on the top ridge of piles. Magnesium Chloride all haul roads in and out which is an industry practice for extended period dust control. Absolutely no more extraction of materials from the ground. Focus fully on removing the existing gravel stockpiles only. These are just some real solutions that would help lessen our exposure to the Silica Dust. The gravel product stockpiles and the loading and hauling of those piles are the issue/problem. That issue was permitted to happen within the limits of the CUP permit, now it appears as though the issue is going to be allowed to continue after the expiration of the permit That effectively makes the Guidelines and time limit on the CUP permit Meaningless if the harmful process is allowed to continue. If it wasn't a harmful process, there would have been no need for a CUP in the first place. As a Neighborhood with Valid Health Concerns, We would really like to see the City Regulate the end of a process that was allowed to take place by the city in the first place. There has to be some middle ground here. I would think that the City would have a moral and ethical responsibility to its citizens when there is a real and present health risk. I do have the groups ear and would like to help find a solution that works for everyone. As I stated in the beginning, I realize that the piles have to be moved, But to not regulate that process exposes us to possibly years of contamination form this Silica. Sincerely, Tony Martanwo 2030 West Aspen Cove Dr. Meridian, Idaho (208) 371-4308 Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 9:16 AM To: Lisa Martarano Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Southridge Gravel Pit Thank you for your comments, they will be entered into the public record. From: Lisa Martarano[mailto:lisamartarano@gmail.com] Sent: Wednesday, April 09, 2014 9:13 AM To: Sonya Watters Cc: Tony Martarano Subject: Southridge Gravel Pit Sonya, I am in support of ISG's permit extension with the following conditions. #I No more crushing whatsoever, remove the crusher (gone already) #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction. ( Nancy's suggested addition) #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premisis #9 Accomplish this within a reasonable time frame (suggesting 4 months but we need to calculate the minimum physically possible) #9 Ramifications and IS&G signature on an agreement Lisa I vlartarano Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 9:17 AM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: FW: Conditions for IS&G CUP extension (MCU 14-001) From: Sonya Watters Sent: Wednesday, April 09, 2014 8:34 AM To: 'John Fitzgerald' Cc: 'Glen Hickey'; Tony Martarano' Subject: RE: Conditions for IS&G CUP extension (MCU 14-001) Thank you for your comments, they will be entered into the public record. From: John Fitzgerald [mailto.johnfitzgera1d� 91977@yahoo.com] Sent: Tuesday, April 08, 2014 8:57 PM To: Sonya Watters Cc: 'Glen Hickey'; Tony Martarano' Subject: Conditions for IS&G CUP extension (MCU 14-001) Sonya, We support an extension to Idaho Sand & Gravel CUP with the following conditions: #1 No more crushing whatsoever, remove the crusher #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction of material, all mining stops. #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premises #9 Accomplish this within a reasonable time frame (suggesting 4 months but we need to calculate the minimum physically possible) #10 Ramifications and IS&G signature on an agreement Thank you, John and Tina Fitzgerald 2045 West Aspen Cove Dr. Meridian, ID 83642 208-991-6049 Machelle Hill From: Sonya Watters Sent: Wednesday, April 09, 2014 3:47 PM To: tkdjson@aol.com Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: MCU-14-001/Southridge Gravel Mining Modification Thank you for your comments, they will be entered into the public record. From: tkdjson@aol.com [mailto:tkdjson@aol.com] Sent: Wednesday, April 09, 2014 3:18 PM To: Sonya Watters Subject: MCU-14-001/Southridge Gravel Mining Modification Sonya, As a result of the issues discussed at the April 6, 2014 Aspen Cove neighborhood meeting, we would support a limited time extension for Idaho Sand and Gravel with the following conditions of approval: #1 No more crushing whatsoever, remove the crusher. #2 Reclamation of all property except what is under the stockpile now. To begin immediately. #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise. #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary. #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end. #6 No more extraction. #7 Be responsive to and monitor silica within our subdivision not just within the pit. #8 Reclaim the remaining area and vacate the premises. #9 Accomplish this within a reasonable time frame not to exceed four months. #10 Ramifications and IS&G signature on an agreement. Thank you, Dan and Tempra Wilson 2271 Aspen Cove Drive Meridian, ID 83642 Machelle Hill From: Robert Carlson <robertkcarlson@aol.com> Sent: Tuesday, April 08, 2014 8:32 PM To: clerk; Sonya Watters Subject: Fwd: Project (MCU -14-001) - Southridge Gravel Mining - Idaho Sand and Gravel This email is to inform you that I would like to modify my earlier request (see email below). My main concern at this point in the Southridge Gravel Mining project MCU 14-001 is to see that the City of Meridian expedites the reclamation. Although I am very unhappy that the Southridge Gravel Mining project was ever allowed to come into our neighborhood and feel that our quality of life has been significantly compromised because of it, we need to focus on the future. It is very important that the reclamation be expedited and I support and endorse the following conditions for the IS&G CUP extension so that the city can insure that this takes place. We now ask the city to grant a further extension to IS&G but with the following conditions. 1 No more crushing whatsoever, remove the crusher #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction of material, all mining stops. #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premises #9 Accomplish this within a reasonable time frame (suggesting 4 months) #10 Ramifications and IS&G signature on an agreement Thank you very much, Robert K. Carlson 2300 Aspen Cove Dr. Meridian, Idaho 83642 208 899-8993 -----Original Message ----- From: Robert Carlson <robertkcarlson@aol.com> To: clerk <clerk@meridiancity.org> Cc: swatters <swatters@meridiancity.org> Sent: Sat, Mar 29, 2014 3:36 pm Subject: Project (MCU -14-001) - Southridge Gravel Mining - Idaho Sand and Gravel My wife, Susan B. Carlson and I, Robert K. Carlson as residence of 2300 Aspen Cove Drive, Meridian Idaho would like to submit written testimony in objection to Idaho Sand and Gravel's application for a modification to the conditional use permit for Southridge Gravel Mining project file number MCU 14-001. We live within a few 100 feet from the edge of the mining project. We were very disappointed when the project was originally approved and after suffering through months of dust and noise we were extremely upset when Idaho Sand and Gravel was granted their first extension. We were somewhat pacified by the understanding that one of the conditions of approval for the extension was that it would be for a maximum of 18 months (until April 4, 2014) at which time reclamation would begin and that the city staff recommended no future extensions. The dust has really been a problem, it covers our patio and driveways. window seals, outdoor furniture, and greatly increased the amount of dust inside our home. The noise is very annoying, especially since we are retired and are at home during the hours of operation. We are also concerned about the potential health risks caused by the dust. We feel that the city would be very uncaring and deceitful if they approved any type of extension to this gravel mining operation. We feel the city needs to expedite the reclamation and insure that it is finished on time. Robert K. and Susan B. Carlson 2300 Aspen Cove Dr. Meridian, Idaho 208 899-8993 Machelle Hill From: Sonya Watters Sent: Tuesday, April 08, 2014 7:04 PM To: Machelle Hill Subject: Southridge Gravel Just an fyi for when you start scanning letters of testimony... there were 3 copies of the letter from Jerry Ross in the copies you gave me — you may want to pitch a couple of them O Machelle Hill From: Sonya Watters Sent: Monday, April 07, 2014 4:39 PM To: Patsy Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: IS&G CUP extension Thank you for your comments, they will be entered into the public record as testimony. From: Patsy [mailto:patken@hotmail.com] Sent: Monday, April 07, 2014 4:27 PM To: Sonya Watters Subject: Fw: IS&G CUP extension Sonya, I, Joe Kendall, and my wife Patsy, support and endorse the following conditions for the IS&G CUP extension. We now ask the city to grant a further extension to IS&G but with the following conditions. Please do not allow IS&G to continue operations on the property without any conditions or monitoring. Thank you for all of your help regarding this matter, Joe and Patsy Kendall 2311 Aspen Cove Dr. Meridian, ID 83642 888-1067 #1 No more crushing whatsoever, remove the crusher #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction of material, all mining stops. #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premises #9 Accomplish this within a reasonable time frame (suggesting 4 months but we need to calculate the minimum physically possible) #10 Ramifications and IS&G signature on an agreement Machelle Hill From: Sonya Watters Sent: Monday, April 07, 2014 11:24 AM To: Maureen Brewer; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Glen Hickey; Ryan Brewer Subject: RE: Todays letter to Sonya Maureen, I received your email and it will be added into the public record for this project. Thanks, Sonya From: Maureen Brewer [mailto:sheabrew@gmail.com] Sent: Monday, April 07, 2014 11:00 AM To: Sonya Watters Cc: Glen Hickey; Ryan Brewer Subject: Re: Todays letter to Sonya Good morning, Sonya, Our household submitted our letter of opposition to IS&G's extended CUP on Friday, April 4. Glen is correct in stating that we want the extension denied as currently requested and instead support an extended CUP with the guidelines outlined by Glen below. The most important issue for us is that a supervised and monitored reclamation of the land commence immediately (i.e., the piles are gone and IS&G is out of there). The area needs to be returned to its original purpose of a residential zone ASAP; IS&G and the City of Meridian have an obligation to see to it that that happens. Thank you, Maureen and Ryan Brewer On Mon, Apr 7, 2014 at 10:43 AM, Glen Hickey <hickey le�L n24ggmail.com> wrote: Sonya, Tony has indicated that you would like our 80 people to draft another letter stating that they do not want the city to deny an extension. They do want the extension denied as it requested. They do however, not just endorse but request an extension with the following guidlines. #1 No more crushing whatsoever, remove the crusher (gone already) #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction. ( Nancy's suggested addition) #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premisis #9 Accomplish this within a reasonable time frame (suggesting 4 months but we need to calculate the minimum physically possible) #9 Ramifications and IS&G signature on an agreement I have made our people aware and have asked them to send a letter simply stating that they endorse these guidelines. have received authorization to endorse this plan on behalf of 42 (counting myself). Expect that all will follow suit. We appreciate your help in bringing this to a conclusion that works for all parties,. Glen Hickey/Aspen Cove HOA Machelle Hill From: Sonya Watters Sent: Monday, April 07, 2014 11:23 AM To: Jerry Ross; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Bill Weiss; Bob Carlson; Bob Carlson 2; Bob Marsland; Bob Schoelkoph; Dan Wilson; Dave Cordova; Dick Bagley; Don Smith; Gary Liddell; Jeff Mendiola; Jim Doty; Joe Kendell; Joe Zuniga; John Fitzgerald; Karen Reilly; Keith Ebeling; Lance Reiber; Lucy Leavell; Maureen Brewer; Michael Moroge; Nancy Brecks Val Vista spokesperson; Paul Bennett; Phil Gardner; Randy Petroviac; Richard Reilly; Rod Marcum; Ryan Brewer; Scott Patten; Tom Lemenager; Tony Amijo; Tony Martarano; Glen Hickey (hickeygien24@gmail.com) Subject: RE: IS&G CUP extension Jerry, Thank you for your email. It will be entered into the public record as testimony. Thanks, Sonya From: Jerry Ross [mailto:JerryR@kadels.com] Sent: Monday, April 07, 2014 10:57 AM To: Sonya Watters Cc: Bill Weiss; Bob Carlson; Bob Carlson 2; Bob Marsland; Bob Schoelkoph; Dan Wilson; Dave Cordova; Dick Bagley; Don Smith; Gary Liddell; Jeff Mendiola; Jerry Ross; Jim Doty; Joe Kendell; Joe Zuniga; John Fitzgerald; Karen Reilly; Keith Ebeling; Lance Reiber; Lucy Leavell; Maureen Brewer; Michael Moroge; Nancy Brecks Val Vista spokesperson; Paul Bennett; Phil Gardner; Randy Petroviac; Richard Reilly; Rod Marcum; Ryan Brewer; Scott Patten; Tom Lemenager; Tony Amijo; Tony Martarano; Glen Hickey (hickeygien24@gmail.com) Subject: IS&G CUP extension Sonya, My wife and I, Jenen Ross, support and endorse the following conditions for the IS&G CUP extension. We now ask the city to grant a further extension to IS&G but with the following conditions. Please do not allow IS&G to continue operations on the property without any conditions or monitoring. Thank you for all of your help regarding this matter, Jerry Ross 2302 Aspen Cove #1 No more crushing whatsoever, remove the crusher #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction of material, all mining stops. #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premises #9 Accomplish this within a reasonable time frame (suggesting 4 months but we need to calculate the minimum physically possible) #10 Ramifications and IS&G signature on an agreement Machelle Hill From: Sonya Watters Sent: Monday, April 07, 2014 11:25 AM To: Glen Hickey; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Tony MARTARANO; Tony Martarano Subject: RE: Automatic reply: Southridge Gravel Mining CUP Glen, Thanks for your email. It will be entered into the public record as testimony. Thanks, sonya From: Glen Hickey (mailto:hickeyglen24@gmail.com] Sent: Monday, April 07, 2014 10:40 AM To: Sonya Watters Cc: Tony MARTARANO; Tony Martarano Subject: Re: Automatic reply: Southridge Gravel Mining CUP Sonya, Tony has indicated that you would like our 80 people to draft another letter stating that they do not want the city to deny an extension. They do want the extension denied as it requested. They do however, not just endorse but request an extension with the following guidlines. #1 No more crushing whatsoever, remove the crusher (gone already) #2 Reclamation of all property except what is under the stockpile now begin immediately #3 Move the scale house to the North side of the stockpile to minimize the effects of silica dust and noise #4 Treat stockpiles with magnesium chloride to contain blowing dust water other areas as necessary #5 Load and haul from the North side leaving the Southernmost stockpile as a buffer against noise and dust until the very end #6 No more extraction. ( Nancy's suggested addition) #7 Be responsive to and monitor silica within our subdivision not just within the pit #8 Reclaim the remaining area and vacate the premisis #9 Accomplish this within a reasonable time frame (suggesting 4 months but we need to calculate the minimum physically possible) #9 Ramifications and IS&G signature on an agreement I have made our people aware and have asked them to send a letter simply stating that they endorse these guidelines. I have received authorization to endorse this plan on behalf of 42 (counting myself). Expect that all will follow suit. Machelle Hill From: Gary Liddell <garyfam@centurylink.net> Sent: Saturday, April 05, 2014 2:05 AM To: clerk Cc: 'Glen Hickey' Subject: Conditional Use Permit MCU -14-001 I am writing this letter to voice my opposition to the request of Idaho Sand and Gravel to be given continued permission to mine under a conditional use permit. I am Gary Liddell, my wife is Sylvia Liddell. We have lived at 2118 Aspen Cove Dr, Meridian Idaho, 83642 for the past 21 years. We are both retired now. The farms around us were sold and developed into beautiful, pastoral 5 acre homes and mini ranches with pastures of green grass and grazing horses. Stores have sprung up in Meridian and along Overland drive. Hawks and foxes and raccoons and various birds still visit our properties, but they are fewer now. West Overland Road itself has changed, twice, in long messy construction. Then it was the Ten -Mile interchange which was done in a reasonable time but was never the less messy and inconvenient. Soon, the Meridian /1-84 project will begin. What a mess that will be! The above nuisances were necessary for the growth and prosperity of the community. We didn't enjoy the growing pains but we understand that things change as they grow, and they must grow. The mining operation by Idaho Sand and Gravel (IS&G) at the Southridge Subdivision is a different matter. Sylvia and I voiced our opposition, in person, to the Meridian City Council several years ago when IS&G first obtained their CUP to mine the Southridge Development. We lost, IS&G won. They laughed in our faces. Now their CUP has expired and they laugh in your face. You can't make them comply yesterday! They have a small mountain built to defy you, your P&Z planners and your Council. Whatever shall you do? Did somebody make an off the record deal or are they just that arrogant? Idaho Sand and Gravel's operation is a huge nuisance to the entire surrounding area. Noise (grinding, beepers), truck traffic, dust and dirt, huge visual sand pile, neighborhood anxiety and more. I don't see profit to the community in their continued operation. Maybe they save some money by trucking their sand a few less miles under a contract with ACHD or someone else but how does that benefit the City or any surrounding property owners? Is that benefit, if any, greater than our, and dozens of our neighbors, rights to the peaceful enjoyment of their homes! Please deny IS&G conditional use permit request, MCU -14-001 I believe, to continue mining the Southridge subdivision in Meridian. Sincerely, Gary and Sylvia Liddell PS: They have already anticipated your denial and stockpiled their needs Now they only want your approval to haul the material away LATER! when the interchange project begins Then they get their profit! If you don't fine them heavily you are chumps for allowing them to profit in willfull violation of your permit. I'd like to stress that -they will try to delay removal of the material because it will profit them If you do not hasten their departure, well, why wouldn't you? Machelle Hill From: Jaycee Holman Sent: Friday, April 04, 2014 4:44 PM To: Jacy Jones; Machelle Hill Subject: FW: MCU -14-001 letter of opposition Jaycee L. Holman Information Services Director City Clerk City of Meridian (208) 886-4433 Iholman(cDmeridiancitv.ora From: Peggy Gardner Sent: Friday, April 04, 2014 4:39 PM To: Maureen Brewer Cc: Jaycee Holman; Sonya Watters; Bruce Chatterton; Caleb Hood; mayortammy Subject: RE: MCU -14-001 letter of opposition Dear Ms. Brewer: Your email has been received by the Mayor's Office. We appreciate you taking time to let us know your concerns. We are submitting this to the City Clerk for the public record. This will be included in the information given to the Planning and Zoning Commission for the public hearing along with the request for extension of the CUP. I see you addressed the email to Sonya Watters. She is your best contact for up to date information and next steps. Thank you, 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: Friday, April 04, 2014 10:50 AM To: Sonya Watters Cc: Ryan Brewer; bocci@adaweb.net; mayortammy; hickeyglen24@gmail.com; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener; ktvbnews@ktvb.com; news@kboi2.com; news@kivitv.com; publisher@idahostatesman.com; mike.edwards@deq.idaho.gov; Michael.Toole@deq.idaho.gov Subject: MCU -14-001 letter of opposition Commissioners: I am writing to request that you deny the application submitted by Idaho Sand and Gravel for yet another conditional use permit to complete industrial work in a residential zone. It is outrageous that the site was supposed to have been reclaimed by April 4, 2014 and IS&G didn't even file for an extension until March 26. Clearly, IS&G thinks they can use the site for as long as they want to, however they want to and blow through this no problem. Well, we have a problem. To date, in effect, the City has allowed IS&G to change the intended use and essential character of the area from a residential community to an industrial zone with hugely adverse affects on the surrounding neighbors (UDC 11-513-6E (3)). This must come to an end. Now. We bought our home in a lovely, quiet, residential neighborhood that is now being abused and misused. The City of Meridian is extremely overdue in restoring the area to its original, intended use instead of allowing a commercial, for-profit company to dictate what will become of our neighborhood - our health, our children's health, our property values, our quality of life and standard of living. My husband and I are raising our 15 month old son in Aspen Cove and have another baby due in early September. I watch our toddler and dog run across our yard and a cloud of dust follows them - dust that is largely made up of a dangerous pollutant. The fact that the dust in the air created by Idaho Sand and Gravel is over 87% silica is deeply concerning to my husband, me, our neighbors and their families. Surely, you wouldn't stand for this if your own family lived in our neighborhood. To ignore the situation our family has been forced into, or to turn a blind eye, would be not only disgraceful, but hugely unethical. The City of Meridian must, in good faith, now that its Commissioners have been made expressly aware of the detrimental effects, deny Idaho Sand & Gravel's extension beyond April 4, 2014 and restore the area to its original purpose. We urge you to come tour the site and neighborhood to see for yourself how devastating an extension would be. If this situation is not remedied immediately, our neighborhood is prepared to file suit against the City, IS&G, and Corey Barton. Undoubtedly, the City realized the potentially adverse affects such a permit would have and that is why the permit was limited in its duration in the first place. The interests of IS&G should not, cannot, outweigh the health, welfare, and safety of the families living near their operation. Thank you for your consideration of this urgent, dangerous matter. Maureen and Ryan Brewer 2112 W Aspen Cove Dr Meridian, ID 83642 208-761-2414 cc: Ada County Commissioner Dave Case Mayor Tammy DeWeerd Meridian City Council Mike Edwards, DEQ Michael Toole, DEQ KTVB News KBOI News KIVI News The Idaho Statesman Glen Hickey, Aspen Cove homeowner Machelle Hill From: Hamilton, Gordon M<Gordon.M.Hamilton@Williams.com> Sent: Friday, April 04, 2014 9:13 AM To: Machelle Hill Cc: Woodbury, Don C; Bandurraga, Seth; Patterson, Scott C Subject: CUP 10-015 City Of Meridian, Williams Northwest Pipeline controls a 75 foot wide easement across the subject property. There are two large diameter high pressure interstate natural gas pipelines on this easement. We have no objection to the mining of gravel from the properties adjacent to our easement to the extent that they do not interfere with the safe operation of our pipelines. We ask that no activities occur on our easement without proper and timely notification to us. Upon notification we will work directly with the applicant to assure that the safety of our pipelines is not adversely affected. We also ask that working and finished grades adjacent to our easement meet stable sloping guidelines to prevent erosion or slope failure that may impact the cover over the pipelines. Although section AA=A in the application shows one example of the finished grade, we ask that the city require the applicant to indicate the maximum working and finished grade at all points along the easement boundary. No blasting should be allowed to occur within 500 feet of our pipelines without prior evaluation and monitoring of particle velocities. We have enjoyed frequent and productive communications with the applicant and expect that this will continue through the mining and eventual development of the property. Sincerely, Qoicdox 7ft �ia�iLfo�c lm tA J.. s wu ssa.g k OLI.e (7%a tf..'.. t - �cLLia sscd 7N�di 0"W =04 04 Jacy Jones "rom: Patsy <patken@hotmail.com> ent: Friday, April 04, 2014 10:41 AM To: Jacy Jones Subject: Southridge Gravel Mining CUP extension Importance: High City of Meridian Planning & Zoning Commission RE: Project File Number (MCU 14-001) Southridge Gravel Mining We live in the Aspen Cove subdivision and wish to be on record as being in strong opposition to the 18 month extension of the Conditional Use Permit for Idaho Sand and Gravel. The original permit was for 18 months, but the mining operation has now been going on for three years and the latest request will extend their permit to a total of four and one half years, well beyond what was specifically promised. Our neighborhood has been very patient until now; however, we now feel that enough is enough. Idaho Sand and Gravel continues to operate within a residential area with absolutely no regard for the residents who live within that area. We are forced to endure a constant barrage of noise and pollutants, in particular, harmful silica. We are both retired and love to garden in what used to be a pleasant atmosphere; owever, now because of the incessant, mind -numbing sounds of the rock crushing, trucks, back- up beepers as well as diesel smells and blowing dust and silica, we are driven inside our home where we must keep the doors and windows closed. Everything has a coating of the fine silica particles and we must even dust and vacuum more often inside as it finds its way there, too. One of us had major lung surgery two years ago, resulting in decreased lung function and is at a high risk for further lung and breathing issues, which breathing in silica and dust only exacerbate. We are also extremely concerned about our pets, who are members of our family, just as I am sure yours are to many of you, breathing in this harmful silica as they walk through the grass, stirring it up. This has all taken a toll on our quality of life as well as decreased the value of our home, as I doubt there are very many who would want to live in this unbearably noisy and potentially health hazard atmosphere. Joe and Patsy Kendall 2311 W Aspen Cove Dr. Meridian, ID 83642 888-1067 • 1 Machelle Hill From: Sonya Watters Sent: Thursday, April 03, 2014 7:36 PM To: Jennifer Mendiola; Jacy Jones Cc: Machelle Hill; Jaycee Holman; Holly Binkley Subject: RE: Proposed Idaho Sand and Gravel CUP Extension Jennifer, Thank you for your comments, your email will be entered into the public record as testimony on this application. Thanks, Sonya From: Jennifer Mendiola [mailto:j.mendiola@att.net] Sent: Thursday, April 03, 2014 7:01 PM To: Jacy Jones; Sonya Watters Subject: Proposed Idaho Sand and Gravel CUP Extension To: Meridian Commissioners and Tammy de Weerd From: Jeff and Jenny Mendiola 2576 Ariel Lane Meridian Idaho 83642 I would like to state opposition from Jeff Mendiola and Jenny Mendiola concerning the request for an extension to the Conditional Use Permit CUP -10-15. Referenced in file MCU -14-001. We built our home in this location 18 years ago. During the past 3 years the open pit mining operation of Southridge Gravel Mining and Idaho Sand and Gravel have significantly impacted quality of life, peace and quiet, rural feel, safety, and property value. The constant noise of the equipment and trucks, back up beepers, and dust, have been frustrating in our residential area. The health related issues with dust, airborne silica, and other pollutants are concerning and should be eliminated now from our residential area. The mountain continues to grow out there. I would invite all of you to visit this location. It has become completely out of control. I do not believe that any of the city officials or planning and zoning would have allowed this to occur. It is our understanding that this special use permits expires on 4-4-14, specifying that the property must be returned to grade. I also noted that the recommendation by the planner was for no more extensions. When you visit this large mountain located near my home, it is clear ISG had no plans to stop work and reclaim the property by 4-4- 14. It is clear that ISG had a different agenda than was outlined in the previous special use permit. I would suggest that a responsible Council, Mayor, and Planning organization, involve the proper resources to have this stopped immediately. We have remained patient and now we appreciate your prompt resolutions to this unnecessary problem. Jeff Mendiola Jenny Mendiola Jacy Jones rom: Bill Weiss <bilweiss@gmail.com> Went: Thursday, April 03, 2014 9:45 PM To: Jacy Jones Subject: Opposition to another approval of gravel mine at Southridge Development I oppose continuation of this operation due to the drift of dust from the gravel mine. Over a year ago I was referred to a lung doctor because of blood in my sputum and occasional blood in my mouth: I was then sent to a surgeon for a biopsy of my lung.. The doctor sent the biopsy to the Mayo Clinic for diagnosis. After the diagnosis I was given six infusions of a drug that would put the Wegeners into remission and am now being monitored for recurrence. . I don't want to breathe any more of the dust into my lungs. Think about how you would feel in my situation. Please deny any extension again which should have been denied in the first place. There's also an ongoing development in process and the buyers may not be aware of this mess. Phyllis Weiss Ph: (208) 888-3423 C April 1, 2014 RE: Project File number (MCU 14-001) Southridge Gravel Mining City of Meridian Planning and Zoning Commission, My wife and I would like to submit this letter as testimony to our opposition to the application for extension to Idaho Sand and Gravel's Conditional Use Permit. We live on Aspen Cove approximately 500 feet south-east from the ISG site. Our reasons for our opposition: 1. NOISE: Loud monotonous crushing, equipment back up alarms and the clanking of caterpillar tracks- all day long. 2. DUST: Being downwind of the prevailing winds, our neighborhood sees the brunt of this. 3. HEALTH: Silica dust is a known hazard to health according to the American Lung Association (known as Silicosis). How much are inhaling by being outside in our own backyards? Will our health be affected long term? 4. DURATION: Original permit was for 18 months. If this extension is granted, the total duration would be 4.5 years which is closer to being permanent than temporary: I. Would the original permit be allowed if it was known to last 4.5 years in a residential area? II. Will granting this extension represent a precedence to allow further extensions? 5. ZONING: The well-being of our homes and neighborhood is being adversely affected for the benefit of a purely commercial interest to conduct operations that are not normally allowed for the zoning. The operations at the ISG site defy the spirit of the zoning laws. Sincerely, John and Tina Fitzgerald 2090 West Aspen Cove Drive Meridian, ID 208-991-6049 Machelle Hill From: Tony Martarano <tmart@clearwire.net> Sent: Tuesday, April 01, 2014 1:35 PM To: clerk; Sonya Watters Cc: hickeyglen24@gmail.com Subject: Southridge Gravel Pit Extension Commissioners, My name is Anthony Martarano. My wife and I reside at 2030 w. Aspen Cove Dr. We have lived here since 2002. I am writing to formally oppose the extension of the gravel pit being requested by Idaho Sand And Gravel, ISG. Our property is directly south east of this gravel pit. There is nothing between our home and the mountains of gravel. Over the past three years our quality of living has greatly diminished due to the proximity of this gravel pit to our home. We cannot go outside and enjoy our beautiful property as we could before this gravel Pit. Our outdoor kitchen, patio, deck, and pool, are always covered in a fine layer of sandy silt, Silica Sand. Last summer we were forced to replace our in -ground vinyl pool liner, $4000.00. Our automatic pool cleaner had worn holes in the bottom of the pool. I am fairly certain that the layer of sand that is always in the bottom of the pool since the gravel pit started has contributed to this situation. Since we replaced the liner, I have hired a pool company to come once a week to manually vacuum the pool to prevent the situation form recurring. You cannot sit on any outdoor furniture without blowing or washing it off first. The inside of our home is constantly dusty. It has been impossible to keep the dust out. In the notice I received for Todd Lakey with Borton & Lakey, It states that the reason for the 18 month extension would be to " Primarily allow for the use of the material on the New Meridian Interchange and the completion of the grade work for the subdivision". In the formal application for the extension, ISG states that this gravel pit operation has been "Market Driven" as a reason for the delay. No place in their application do they state a reason, or give an excuse, as to why they have failed to comply with the terms and conditions set forth in the current extension of the original CUP, under which they have been operating. They have made no effort to reclamate the property by April 4t" as required under the conditions of approval. They have obviously been operating under the assumption that an extension would be granted. In the onset of this gravel pit being conditionally approved, the commissioners as well as the planners had concern in regard to the negative impact that this operation would have on neighboring properties and the residential community. It is obvious at this point that those concerns were valid. Our quality of life as well as our property values have diminished as a result of this operation. In the application for extension it stated that the hauling and removal of the massive gravel stockpiles is not part of the conditional use permit. I think that the mining, crushing, sales, and trucking of the gravel product are part of the conditionally approved gravel pit operation. The Reclamation is to be completed by April 4t', and they are still crushing material today as I write this letter. Furthermore, the loading and hauling of the Gravel stock piles and conditions surrounding that activity are governed by the current conditional use permit, They must be required to obtain a new conditional use permit that would allow this aspect alone to continue? Portable scales, and a portable office? This is still a gravel operation that has nothing to do with grading. I don't think this has been "Market Driven", but rather taking advantage of an opportunity to profit at our expense. They have also taken advantage of the city by making no attempt to comply with the terms and conditions that were set forth in the permit. This started as a "questionable" use given the proximity and the neighboring properties. What was allowed as a short term use to accommodate grading for a subdivision has become a long term, full blown, gravel pit operation that has been primarily Profit Driven. Enough is enough. There is no justification for the continuance of this operation other than ISG's business interests. It is only fair that the interests of the public and neighboring land owners be taken into consideration at this time. Please do not allow this to continue. Anthony Martarano 208 371-4308 Machelle Hill From: Lisa Martarano <lisamartarano@gmail.com> Sent: Tuesday, April 01, 2014 12:57 PM To: clerk; Sonya Watters Cc: hickeyglen@gmail.com Subject: Fwd: Idaho Sand and Gravel extension request. Sent from my iPad Begin forwarded message: From: Lisa Martarano <lisamartarano&gmail.com> Date: April 1, 2014 at 11:59:20 AM MDT To: Tony Martarano <tmartnclearwire.net> Subject: Idaho Sand and Gravel extension request. Tuesday, April 1, 2014 Council Members, Hello, my name is Lisa Martarano. This letter is on behalf of myself and my family. We reside at 2030 W. Aspen Cove Dr. in the Aspen Cove subdivision in Meridian. We are in very close proximity to where Idaho Sand and Gravel (ISG) chose to set up their crushing project approximately three years ago. We were recently informed that ISG has submitted a request to extend their rock crushing operation in the area of Overland Rd. and Ten Mile Rd. This will make a SECOND extension for them. They are supposed to be COMPLETELY done with this operation and gone by Friday, April 4, 2014. With this date just THREE days away, it is obvious that they have no intensions whatsoever of meeting this deadline. As of this day, they are still mining and crushing rock, adding to the massive piles of sand and dirt they already have. My family and i have dealt with this for the past three years and are ready for them to honor their contract and be done and gone! We live straight across an open field from their operation with no barriers between us and them. Our home and property is CONSTANTLY covered in dirt and Silica dust. We recently put in and outdoor kitchen which is absolutely unusable due to the amount of Silica dust covering everything, which has proven to be impossible to keep up with. We also had extensive concrete work done around the outdoor kitchen and swimming pool, which is constantly covered in the Silica dust. We had to have our swimming pool liner replaced this year due to the fact that there was SO MUCH sand and dirt constantly in the pool that when the automatic pool cleaner was on (which had to run constantly to try and keep up with the dirt) it ground the dirt and sand into the existing liner, causing wear spots and holes. We cant even allow our children, grandson, friends and other family members to enjoy our home because not only is all of our outdoor furniture and ground constantly covered in the Silica dust, but our lawn is covered as well. As you walk across the lawn, dust flies up with every step taken, becoming air born once again. The deck off of the master bedroom is also covered in dirt and Silica dust, due to the "massive mountains" of dirt and sand created by ISG. We cannot sit outside on nice days or evenings without risking our health. The inside of our home is constantly dusty since the Silica dust is brought inside the house either because it is blowing in the air or is on our feet and shoes as we enter our house. ISG has done very little, if anything, to keep the Silica dust and dirt down or to keep it from becoming air born. They have even, on a few occasions, ran their operation on weekends and past their allotted daily time. It is very obvious that they have little, or no, respect for the families they are affecting, nor for the people who generously granted them their last extension. Enough is enough! It is time for Idaho Sand and Gravel to end this project, clean up their mess quickly, and leave this area. Being that they still have massive mountains of dirt and rock, it will take them an extensive of time to move and relocate (probably to another neighborhoods backyard) their piles. Might I suggest that they remove their rock crushing machine and bring in a couple of bulldozers to knock the piles down and push them back into the holes where it came from, plant grass, and be done. This would take FAR less time and makes a lot more sense then trying to move the piles. It is extremely self-serving and unprofessional of them to even consider asking for an additional extension. I can guarantee that not one single person from ISG, Planning and Zoning, The City Council, or anyone else for that matter would want this going on in their backyards and neighborhoods or anywhere around their homes. I ask of you, please do NOT grant ISG another extension!! They are supposed to be completely cleaned up and gone in three days, yet they continue to run their crushing operation. They obviously never had any intensions whatsoever of being done and gone by their previously extended due date. This is a blatant act of disrespect not only for our families and neighbors, but for the Council persons who granted them their prior extension. Please do the obviously proper thing and shut down their operation on Friday, April 4, 2014, and please refuse their request for an additional extension. Make them clean up their mess and move their equipment in the timeliest of manners. Their time is up! Respectfully, Lisa M. Martarano Sent from my Wad Machelle Hill From: Jacy Jones Sent: Monday, March 31, 2014 2:40 PM To: Bill Nary; Jaycee Holman; Machelle Hill Cc: Sonya Watters; Justin Lucas; Caleb Hood; Bruce Chatterton Subject: RE: Idaho Sand and Gravel CUP extension Will do. Thanks! Jacy Jones Senior Deputy City Clerk City of Meridian iionesomeridiandmore 208-888-4433 ext. 1393 From: Bill Nary Sent: Monday, March 31, 2014 2:39 PM To: Jaycee Holman; Jacy Jones; Machelle Hill Cc: Sonya Watters; Justin Lucas; Caleb Hood; Bruce Chatterton Subject: FW: Idaho Sand and Gravel CUP extension Please add this the public record for this matter. ---------- Forwarded message ---------- From: Jerry Ross <JerryR@kadels.com> Date: Mon, Mar 31, 2014 at 2:17 PM Subject: Idaho Sand and Gravel CUP extension To: "kbird ,meridia.ncity.org" <kbird(a)meridiancity org>, "crountreenmeridiancity.org" <crountree@meridiancity.org>, "dzaremba@meridiancity.org" <dzaremba@meridiancity.org>, %milamArneridiancity.org" <gmilam(&meridiancitv.org>"jborton ,meridiancity.org" <ibortongmeridiancit .org>, "LcavenerQmeridiancity.org" <Lcavener@meridiancity.org> Cc: "Glen Hickey(hickey lg en24@gmail.com)" <hickey lg en24@gmail.com> Council men & women, Below please see attached the letter I sent to the Commissioners regarding the Idaho Sand & Gravel CUP extension that is on the agenda for the meeting on April 17''. I feel it is important that you are all aware of this matter as the residents of Aspen Cove and Val Vista subdivisions have run out of patience with the constant noise, dust, and otherwise total disregard IS&G has shown in abiding by the terms of the original CUP, nor the current CUP extension which states the site should be fully reclaimed and back to it's prior state by the end of this week, April 4, 2014. It has been evident for the past few months that IS&G never had any intention to live up to the terms of the most recent CUP extension as the massive amounts of harvested gravel continue to grow. They are crushing every day and I expect this will continue right up to the end of this week. Even when the crushing is not in operation, the dust from the large amounts of harvested material is constantly bombarding the neighborhoods and has created a much diminished quality of life and property value. There is no effort being put out by IS&G to suppress or otherwise minimize the impact of this dust. No watering of the material is being done at all and the mountains grow higher and wider each day. I urge you to visit this site and visit the neighbors that live around it. Walk across their yard and watch the puffs of silica, the most harmful element of the dust from the crushing, curl around your feet with each step. Note the windows on their homes that cannot be seen out of and are dirty within a day of being cleaned. Ask to see a furnace filter that is choked with dust, a BBQ and patio furniture constantly covered with dirt. Ask them if they have allergies or other breathing ailments and how living next door to the disrespectful neighbor, that is IS&G, has affected them. In short members of the council, I am asking for your support, your action, to end this nightmare that has already been allowed to go on much longer than any person affected by it was originally told. I am surrounded by good neighbors. While many had concerns when this operation started, I know many felt it was temporary and did not raise a large fuss. They are not the type of people to be the aggressor. Unfortunately, I fear in this case, that has been to their detriment and that is sad indeed. To think they had the trust in IS&G and the City of Meridian to hold them to their word and terms. There is nothing I would love more than to be proven wrong. Jerry M. Ross 2302 Aspen Cove Dr P.S. — Councilman Borton, I have included you in this email although I suspect you will abstain from any actions in this matter as your law firm represents Idaho Sand & Gravel. I trust you were not previously influential in helping to create the current situation that now exists? Commissioners, I represent the estate of Harold and Elberta Ross at 2302 W. Aspen Cove Drive in Meridian and I am writing to share the displeasure of my family with the disregard Idaho Sand and Gravel has shown to the residents of Aspen Cove and surrounding communities with their open pit gravel mine at the corner of Overland and Ten Mile roads. This property has been in my family since 1976 and up to a few years ago, was always a peaceful, quiet, and CLEAN!!, sanctuary for our family to gather for holidays and outdoor activities. Unfortunately, over the past several years, the neighbor on the other side of the northern property line has greatly diminished our ability to enjoy this special property. The noise and consistent poor air quality that comes from the IS&G site has to come to an end on April 4, 2014 as per the conditional use permit that is currently in place clearly states. I am particularly troubled by the removal of the language that has allowed for another extension to even be asked for, and feel allowing this language to be removed was a real and incredible dis service to the residents that should be served by the city council when considering this type of an operation being allowed to do business in such close proximity to well established neighborhoods. It is not as though the gravel mine was there and grandfathered in when Aspen Cove and the other neighborhoods affected by their operation requested the granting of a permit from the City of Meridian. Per the conditions of the CUP, IS&G is required to not create a situation that would be deemed a nuisance and the CUP also references air quality. I can testify that neither of these conditions is being met and it is clear that IS&G has ramped up their crushing efforts with the approach of the April 4th deadline on the current CUP. Just step outside city hall and look southwest and you cannot miss the enormous mountains of freshly ground sand and gravel. No effort is being made to water these mountains and with every westerly wind, large amounts of dust and harmful silica is distributed across all of the properties in Aspen Cove. We cannot mow our lawns without wearing dust masks or respirators for fear of the silica that we will inevitably breath in due to the deposits that have blown onto our property. Our furnace filters have to be changed regularly due to being constantly clogged with dust and harmful silica. We cannot keep our patios and windows clean or enjoy an afternoon in the back yard. My wife and young children currently reside in the home with me and we act as the caretakers of the property until such time as the family feels the market will be best to sell this property and close the estate. The date of April 4th, 2014 was a target to` start considering this action, but who would want to buy a home next door to a gravel pit that does so much damage to the property and presents such a health hazard to the residents? Would you? Was this considered in the previous applications made for a CUP by Idaho Sand & Gravel? If the extension is granted to IS&G to keep this operation running, it is my belief that the Ross family has a very valid case for deprivation of value against IS&G, Corey Barton Homes, and the City of Meridian. I have zero confidence that IS&G will follow the conditions of any such extension in regards to limiting crushing to 60 days, and even if they do, the removal of the massive amount of built up material would still create an unacceptable amount of noise and further air pollution that has already gone long past the original time frame as it was first granted. I ask that the City of Meridian deny the request of Idaho Sand & Gravel for an extension beyond April 4th, 2014, that all operations beyond the re grading of the property not be allowed, and that sanctions be assessed to Idaho Sand & Gravel for their blatant disregard for any attempt to meet the April 4th, 2014 deadline as was granted them by the City of Meridian. It is clear this company has no regard for the conditions that were set forth in the conditional use permit and no regard for the concerns of the citizens they have had such a negative impact on for the past three years. Machelle Hill From: Sonya Watters Sent: Monday, March 31, 2014 2:19 PM To: Robert Marsland Cc: Nadine Marsland; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Subject: RE: Idaho Sand and Gravel Permit Extension Thank you for your comments. I am forwarding your comments to the City Clerk for inclusion in the public record. From: Robert Marsland [mailto:rmarsiand@earthlink.net] Sent: Monday, March 31, 2014 1:32 PM To: Sonya Watters Cc: Nadine Marsland Subject: Idaho Sand and Gravel Permit Extension Importance: High Monday 31 March 2014 Commissioners: Our names are Robert A. and Nadine Marsland and we live at 2050 West Aspen Cove Drive. 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 (ISG) mine some three years ago. When gravel mining began we were assured that this was a temporary situation. We endured the blowing dust, noise from crusher conveyers and truck traffic all day long during their working hours with the hope that at the end of the initial special use permit the land would be reclaimed, seeded and peace and quite restored. But that did not happen and the temporary use permit was extended and now we have endured this situation for about three years. Over the past several months ISG has been working long hours stockpiling sand and gravel into very tall hills of sand. While blowing dust high in silica has always been a major problem since the beginning, it is now much worse because of the height of the stockpiles. It is our understanding that the permit is to expire on April 4, this Friday, and that the permit conditions require ISG to have the land reclaimed, seeded and their equipment removed by that date. If you have had the opportunity to come and examine the mining operation you will see that there is no way they can reclaim the land and move their equipment by that date. We believe they are in violation of their permit and that the operation should be terminated, stockpiles returned to the pits, and land reclaimed. Allowing ISG to continue operation beyond April 4, 2014 will add further loss to our real estate values, and will continue to exacerbate health concerns caused by silica dust throughout the neighborhood, and will allow the ever incessant noise to continue. The long-term presence of ISG's mining operation is adversely changing the intended character of our neighborhood as a residential community. Over the past three years the ISG operation has, in effect, been changing our neighborhood into an industrial, rather than a residential area. The permit required ISG to water down their operations to prevent dust. If they did do that it was never effective, as we have always had major dust problems in our neighborhood since they began operations. It collects on the west and northwest sides of our home in a tan and sticking type of dust. Whenever we wash our windows within a day or two they need it once again. A thin coat of the tan sand and dust that is hard to clear away covers our deck. When I mow my lawn I've had to ware a face -mask filter and eye protection to protect me from the volume of dirt and dust thrown up by the mower. We know that current permit conditions do, in fact adversely affect our property and others downwind of the ISG operation. Any extension of that permit should be denied. We understand that the current application for an extension by ISG proposes no real mitigation with the possible exception of stopping the crushing operation. The remaining stored materials will continue to create dust, as it is doing right now with a westerly breeze is blowing dust over us even though the crusher and conveyor are not running at present. And the hauling involves noise, traffic, and continued suppression of our property values. When consideration of the previous request was addressed, you limited the duration out of concern for the impact of allowing an industrial mining operation in a residential area. Our West Aspen Cove community has been included in the planning process for residential development between Overland Road and Aspen Cove Drive and on up to Ten -mile Road. As you well know the zoning and discussions that took place regarding this development took into consideration the value and essential nature of our subdivision as well as the one to be developed north of us. Allowing a noisy, dirty, gravel mining operation in a residential community is an eye- sore and a real affront to the City's own planning criteria and to the residents of West Aspen Cove Drive. Enough is enough! Please reject any attempt to extend the temporary use permit for ISG, and please enforce their bond to remediate the site, remove their equipment and abide by the pervious permit. Sincerely, Robert A. Marsland and Nadine Marsland Robert Marsland rmarslandCaD-earthlink. net Rear Admiral USPHS, Retired 2050 Aspen Cove Drive Meridian, ID 83642 208-631-5789 Cell 208-884-0186 Fax Jacy Jones rom: Keith Ebeling <kgriz@q.com> ent: Sunday, March 30, 2014 3:55 PM To: Jacy Jones Cc: glenn hickey; Keith Ebeling Subject: e-mail in opposition to the gravel mine in Meridian I would like to invite the recipients of this e-mail to our own private Idaho dust bowl -courtesy of Idaho Sand and Gravel. Since they have been gravel mining for three years now we could enjoy sitting on the deck while inhaling silica born dust, listening to the ratcheting rock crusher, and have our senses assaulted by back-up beepers. Thank goodness we're not trying to sell our home. Being next door to this gravel mine, which shouldn't be there in the first place, might discourage any possible buyers. Now, they want another extension. Enough of this degrading our environment, exposing everyone to harmful silica particles and turning our neighborhood into a minor disaster area. Just say NO to their request for an extension ! Dianne Ebeling 2150 Aspen Cove Dr Dust Bowl Idaho 54 This email is free from viruses and malware because avast! Antivirus protection is active. 1-1 1 Meridian Planning Commission It is Tuesday morning and, as has been the case for the past couple of years (especially the last few months), I can clearly hear the noise of excavation coming from the gravel pit at Overland and Ten Mile. The dust from the sand is ongoing and affecting my wife's and my sinuses, not to mention what it may be doing to our health. We have lived off Aspen Cove Drive for twenty years and have enjoyed the quiet, peaceful outdoor life style that it offers. People love the land here and are outside much of the time, working in gardens and all sorts of outside activities. Try to imagine having lived here for many years and having a gravel pit open up in your back yard. It is my understanding that the permit stipulated that the land was to be reclaimed for use as a residential development by April 4th. Have you seen the mountain of sand at the site and the deep pit that has been excavated? Given the permit deadline is April 4th it does not appear that Idaho Sand and Gravel ever planned on completing the reclamation by the deadline. Have you driven out to the site? Not only are there health issues associated with the site, but property values are at risk of decline. Would you purchase a home of the caliber of these homes and be next to a gravel pit and eye sore. Many of the residents have small children, grandchildren, pets, horses and cattle. Also many are retired (I am one), and want to enjoy the country -like lifestyle of this wonderful area in Ada County. They want their children/grandchildren to run around and play outside. What is the risk to their health? The request for extension of the gravel mining permit must be denied. Idaho Sand and Gravel is clearly ignoring their responsibilities stipulated in the permit. They need to reclaim the land as originally intended and vacate. You may call me at 208-870-0663 if you have any questions. The reference number for the permit extension that I have been given is MCU -14-001. Bob and Jana Schoelkoph 2690 S Ariel Lane Meridian, Idaho Machelle Hill From: Robert Carlson <robertkcarlson@aol.com> Sent: Saturday, March 29, 2014 3:36 PM To: clerk Cc: Sonya Watters Subject: Project (MCU -14-001) - Southridge Gravel Mining - Idaho Sand and Gravel My wife, Susan B. Carlson and I, Robert K. Carlson as residence of 2300 Aspen Cove Drive, Meridian Idaho would like to submit written testimony in objection to Idaho Sand and Gravel's application for a modification to the conditional use permit for Southridge Gravel Mining project file number MCU 14-001. We live within a few 100 feet from the edge of the mining project. We were very disappointed when the project was originally approved and after suffering through months of dust and noise we were extremely upset when Idaho Sand and Gravel was granted their first extension. We were somewhat pacified by the understanding that one of the conditions of approval for the extension was that it would be for a maximum of 18 months (until April 4, 2014) at which time reclamation would begin and that the city staff recommended no future extensions. The dust has really been a problem, it covers our patio and driveways. window seals, outdoor furniture, and greatly increased the amount of dust inside our home. The noise is very annoying, especially since we are retired and are at home during the hours of operation. We are also concerned about the potential health risks caused by the dust. We feel that the city would be very uncaring and deceitful if they approved any type of extension to this gravel mining operation. We feel the city needs to expedite the reclamation and insure that it is finished on time. Robert K. and Susan B. Carlson 2300 Aspen Cove Dr. Meridian, Idaho 208 899-8993 Machelle Hill From: Jaycee Holman Sent: Friday, March 28, 2014 8:14 AM To: Machelle Hill; Jacy Jones Subject: FW: Southridge Gravel Pit Jaycee L. Holman Information Services Director City Clerk City of Meridian (208) 888-4433 iholmanCalmeridiancitv.oru From: Peggy Gardner Sent: Thursday, March 27, 2014 5:22 PM To: nancy brecks Cc: mayortammy; Sonya Watters; Bruce Chatterton; David Zaremba; Jaycee Holman Subject: RE: Southridge Gravel Pit Nancy: Your contact will be Bruce Chatterton and Sonya Watters. They can notify Code Enforcement if necessary. It is my understanding mining and crushing stop at 5:00 on April 4. They will also keep our office in the loop as our file is still open. I will also forward any emails we receive to the City Clerk to be included in the public record for the Planning and Zoning Commission meeting. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: nancy brecks [mailto:nbrecks@hotmail.com] Sent: Thursday, March 27, 2014 2:45 PM To: Peggy Gardner Subject: Southridge Gravel Pit Peggy Who do I contact at the City about what Idaho Sand and Gravel will legally be able to do on the gravel pit site as of April 5. And if they are allowed to continue with work, what hours will they be able to work?The current CUP time extension expires on April 4. Thanks. Nancy Brecks Machelle Hill From: LAR & LAR <twolars@g mail. com> Sent: Friday, March 28, 2014 12:34 PM To: clerk Cc: Sonya Watters Subject: Idaho Sand and Gravel Extension MCU -14-001 March 25,2014 Dear Planning and Zoning Commissioners, RE: MCU -14-001 We understand that Idaho Sand and Gravel (ISG) has filed a request to for an extension of their existing permit for mining gravel at the Southridge Development near Overland and Ten Mile Rd. We are strongly against an approval of an extension at this time. We live at 2289 Aspen Cove Circle which is approx 1/4 mile southeast of the ISG mining project. We have lived at this location for 33 years. For 30 years this was the most serene and tranquil area imaginable. All that changed 3 years ago when ISG started their operation. Now Monday thru Friday we get to listen to rocks being crushed, conveyor belts and back up bells!! As an additional "treat" we get all the dust and grit we can handle. (The negative effects of Silica inhalation is certainly a potential problem for ISG and possibly the City since the use of the land is a deviation from the intended residential use) When this project first was proposed there wasn't a lot of opposition, mainly because we didn't know what to expect. We were under the impression it was only going to be temporary, so we lived with the inconvenience and carried on. Now, after 3 years and with their latest extension due to expire, they want to extend again. Well we say enough is enough!! Their current MCU 11-001, gave them another 18 months to complete the project, not to file for another extension It is obvious that ISG wants to mine as long as possible and extract, not gravel, but all the money they can before doing what was supposed to be done in the first place, and then by April 4, 2014, remove material and grade a few acres. There is no doubt, as evidenced by the state of the construction site, that they are counting on Planning and Zoning to go along with their scheme. .We are tired of the dust on our driveways, lawns, patios, furniture and vehicles. We are tired of the endless noise emanating from the pit, and we are tired of the extensions that allow this to happen in our residential neighborhood. We would hope that common sense and doing the right thing for our neighborhoods would prevail in this matter. Sincerely, Lance and Lynne Reiber 2289 Aspen Cove Circle Meridian ID 83642 208-888-5338 Machelle Hill From: Jaycee Holman Sent: Friday, March 28, 2014 8:14 AM To: Machelle Hill; Jacy Jones Subject: FW: Southridge Gravel Pit Jaycee L. Holman Information Services Director City Clerk City of Meridian (208) 868-4433 jholman@nieridiancity.org From: Peggy Gardner Sent: Thursday, March 27, 2014 5:27 PM To: Jaycee Holman Subject: Southridge Gravel Pit Jaycee: These are the additional emails received for the Gravel Pit: From: rick b jmailto:rbrecks0hotmail.comj Sent: Wednesday, March 26, 2014 1:59 PM To: david.luftCadeq.idaho.gov Cc: pgte.wagner0)dea.idaho.gov; Dean Beaupre; Matt Parsons; Jeff Lavey; mayortammy; David Zaremba Subject: Idaho Sand and Gravel Pit in Southridge David Luft, I appreciate the fact your office went out and conducted a complaint investigation at Southridge on 3/21/2014. In your findings you state "Reasonable controls for gravel pits can include things such as watering of haul roads and stockpilespaving or oiling of haul roads, sweeping up track -out, etc." I have a question as to how watering the "stockpiles" will be accomplished as the stockpiles in question must be 200 ft. high? You also stated " At the time of the inspection, no fugitive dust was observed leaving the property." I have included a link to the story done by Channel 7 March 17, 2014, that shows that these "stockpiles" are not being "watered". That nothing is being done to keep the "fugitive dust" from leaving the property. Please watch this video. http://www.nwcn.com/news/idaho?fid=251092281&fPath=/home&fDomain=10227 Thanks Rick Brecks From: Nancy Brecks fmailto:NBreck @compassidaho orgl Sent: Tuesday, March 25, 2014 2:33 PM To: Peggy Gardner Subject: RE: Idaho Sand and Gravel Pit in Southridge Thanks From: Peggy Gardner (mailto:peardner(cDmeridiancity orel Sent: Tuesday, March 25, 2014 2:31 PM To: Nancy Brecks; Nancy & Rick Brecks (rbrecksCaDhotmail.com) Subject: FW: Idaho Sand and Gravel Pit in Southridge Nancy and Rick: I was out of the office on Friday. I thought you would like to see the response from DEQ. Peggy Gardner From: David.Luft@)deq.idaho.gov fmailto:David. Luft(&deq Idaho gov], Sent: Friday, March 21, 2014 12:41 PM To: Peggy Gardner; Dean Beaupre Cc: Pete.Wagner0dea idaho gov; Thomas. Krinke deq Idaho gov Subject: Idaho Sand and Gravel Pit in Southridge Peggy and Dean, A DEQ inspector conducted a complaint investigation at the IS&G gravel pit on Thursday afternoon the 21s. IS&G is subcontracting the crushing operations to H&B. At the time of the inspection H&B equipment/equipment operation was in compliance with permit requirements. A records review was not conducted. State air quality rules require the implementation of reasonable precautions to prevent fugitive dust from leaving property boundaries. The rules do not require the elimination of all fugitive dust, but that reasonable steps be taken to prevent it's occurrence. At the time of the inspection, no fugitive dust was observed leaving the property. The sustained wind at the time of the inspection was 15-20 mph. Reasonable controls for gravel pits can include things such as watering of haul roads and stockpiles, paving or oiling of haul roads, sweeping up track -out, etc. All of these are or have been employed by IS&G at this site. Also, per IS&G, on Monday the 17th, during the high wind event they voluntarily ceased all crushing operations to reduce dust. Per the inspector's determination, IS&G/H&B are taking reasonable precautions to prevent fugitive dust emissions from leaving the facility. They were in compliance with the DEQ issued air quality permit operating (opacity) requirements, as well as the state's fugitive dust rules. Please let me know if you have any additional questions. David Luft Air Quality Manager, Boise Regional Office Idaho Department of Environmental Quality 1445 N. Orchard Boise, ID 83706 (208)373-0201 david.luft@dea.idaho.eov From: Pete.Wagner(&deq idaho gov rmailto:Pete.Waaner(&deq idaho qov] Sent: Thursday, March 20, 2014 1:38 PM To: Peggy Gardner; Dean Beaupre; David. Luft(bdeq.idaho.gov Cc: Matt Parsons; Jeff Lavey; mayortammy; rbrecks@)hotmail.com; David Zaremba Subject: RE: Idaho Sand & Gravel Pit in Southridge Thank you for the email. For DEQ's concerns, I am forwarding this issue to Dave Luft, DEQ Boise Regional Office Air Quality Manger. He and his staff will address the air quality issues. While DEQ does have concerns about air quality impacts from the dust, DEQ does not have significant concerns regarding the dust ending up in the canal. Dave/his staff will coordinate with the City Code Enforcement. Pete Pete Wagner Regional Administrator, Boise Idaho Department of Environmental Quality 1445 N. Orchard Boise, Idaho 83706 Phone: (208) 373-0277 Fax: (208) 373-0287 Cell: (208) 830-8586 Pete. wagner0deo. idaho.gov From: Peggy Gardner rmailto:paardner(a)meridiancityorg] Sent: Thursday, March 20, 2014 1:12 PM To: Pete Wagner; Dean Beaupre Cc: Matt Parsons; Jeff Lavey; mayortammy; rbrecks@)hotmail.com; David Zaremba Subject: Idaho Sand & Gravel Pit in Southridge Pete Wagner, DEQ Dean Beaupre, Code Enforcement: I received a call from Rick Brecks regarding the Idaho Sand and Gravel pit in Southridge near Overland and Ten Mile. Phone 884-4225 2625 W Val Vista Ct. rbrecks@hotmail.com Rick has asthma. Last night when Channel 7 was filming it was brought up by a resident in the Aspen Cove area that the dust produced by the gravel pit contains silica. Their concern is the health hazard created by silica in the air being distributed by the rock crushing process. Blowing dust from the mountains of dirt is another concern as the dusty roads seem to be kept fairly well during the operation times. How can the dust from these mountains of dirt be mitigated? The dust is also contaminating the New York Canal as it too is nearby. Is this an air and water quality violation? In addition, what can be done with the uncovered loads that are taken from the area. Idaho Sand and Gravel seem to cover their loads but they are selling to other entities who do not cover their loads. Are they in violation of Meridian City code for uncovered loads? I have included Mr. Brecks on this email. Please include me in your response so I can include it in our Contact Management system. Thanks, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 -----Original Message ----- From: Tammy de Weerd Sent: Friday, February 28, 2014 7:30 PM To: Bill Nary Subject: Re: Gravel Mining Oops, just read this - nice response Sent from my iPhone On Feb 27, 2014, at 9:47 PM, "Bill Nary" <bnary@meridiancity.org> wrote: > David, > If there are Code violations occurring we need to let that process occur. Since no extension has been requested and the Commission has to independently make the decision to grant that request without direction from the council I would caution you and the council from discussing a matter not properly in front of you. The neighbors were advised of their right to appeal the previous permit and no one chose to step forward and do that. We need to address the citizen complaint, and we can advise the Council off line of the Code process and progress. Discussing this with the Council at this time would be premature. From: Tammy de Weerd Sent: Wednesday, February 26, 2014 11:38 AM To: Jeff Lavey Subject: Re: Gravel Pit in South Ridge Thank you Sent from my iPhone On Feb 26, 2014, at 11:36 AM, "Jeff Lavey" <jlavev@meridiancitv.ore> wrote: Yes, time of operation was verified when we spoke with the complaining party. She also said it was better today than it was on Monday and Tuesday. We have code patrolling the area to observe changes to noise levels. Sent from my iPhone From: Tammy de Weerd Sent: Wednesday, February 26, 2014 11:36 AM To: Bruce Chatterton Cc: Peggy Gardner; Sonya Watters; Robert Simison Subject: Re: Gravel Pit in South Ridge This has a much larger impact than 300 feet. We should pull the sign up sheet from the last one and make sure those that signed up are notified then. Sent from my iPhone From: Tammy de Weerd Sent: Wednesday, February 26, 2014 11:04 AM To: Jeff Lavey Subject: Re: Gravel Pit in South Ridge As long as they are operating in the hours and days allotted. Sent from my iPhone On Feb 26, 2014, at 10:59 AM, "Jeff Lavey" <ilavev@meridiancitv.ore> wrote: I am told that the operation is operating in what is allowed under the CUP at this time. Dean with code enforcement has a call in to Sonya with community development at this time to discuss further. We have nothing to enforce as they are doing what is allowable under the granted CUP at this time. This is not going to resolve the issue with the residents as they will still be unhappy until the CUP expires in April 4. I will advise further if I have more. Sent from my iPhone -----Original Message ----- From: Tammy de Weerd Sent: Friday, February 28, 2014 7:29 PM To: David Zaremba Cc: Bill Nary; Jaycee Holman; Bruce Chatterton; Caleb Hood; Charlie Rountree; Keith Bird; Genesis Milam; Luke Cavener Subject: Re: Gravel Mining This is being watched by code enforcement for compliance to the CUP. The neighbors were told at the time the CUP was issued of their option to appeal to Council - they didn't. There has been no application filed at this point for an extension for this mining operation. If they do, it will be heard by the Planning & Zoning Commission. It is inappropriate for Council to weight in at this time as you would be the appeal IF there was a CUP for the P&Z Commission to consider, and IF they were to approve it, and IF the neighbors would appeal. Just thought I should respond so you all knew this wasn't being swept under the rug. Tammy Sent from my iPhone On Feb 27, 2014, at 9:14 PM, "David Zaremba" <dzaremba@meridiancity.org> wrote: > Until the citizen complaint, I was unaware that this Gravel Mining operation did not end as the Council ordered it to end. I have been briefed by Sonya and understand that the P&Z Commission was not informed of Council's intention for it to end when the Commission allowed the current use. The current use is apparently Commission -approved (although currently in violation of many conditions and codes) until April 4 this year. > Before the Applicant applies for an extension (which would be handled by the Commission again, not the Council), Council needs to discuss this. We may miss the opportunity to fix something that is on track to go very wrong if we do not do this at our March 4 meeting. > I request, again, that it be on the March 4 Agenda for Council discussion. > Thanks, > -- David Z. > From: Caleb Hood > Sent: Thursday, February 27, 201410:40 AM > To: Bill Nary; David Zaremba; Jaycee Holman; Tammy de Weerd; Bruce Chatterton > Cc: Sonya Watters; Justin Lucas > Subject: RE: Gravel Mining > I have asked Sonya to put together a status memo for the Mayor and Council on the gravel mining operation. It is my understanding that Code Enforcement did receive a complaint recently and that they are looking into the complaint received for any violation of the Conditional Use Permit. Hopefully the update/memo Sonya puts together will include what Code Enforcement knows to date. > Unless we hear otherwise, the memo will just be shared electronically with the Mayor and Council and won't be discussed next week during the Council meeting. > Caleb > -----Original Message----- • From: Bill Nary > Sent: Thursday, February 27, 2014 10:32 AM > To: David Zaremba; Jaycee Holman; Tammy de Weerd; Bruce Chatterton > Cc: Caleb Hood > Subject: RE: Gravel Mining > I think the question is whether they already have a permit and are operating within the bounds of it. If they are then we should communicate directly with the concerned citizen. > -----Original Message----- • From: David Zaremba > Sent: Thursday, February 27, 2014 9:37 AM > To: Jaycee Holman; Tammy de Weerd; Bill Nary; Bruce Chatterton > Subject: Gravel Mining > I think the Council needs to weigh in on this one. I was unaware of the continued operation, and suspect that others are also unaware. Can this please be a Discussion item on the Agenda for March 4th? If an application for extension is likely to go to the P&Z Commission only, I think we need to provide some guidance. > Thanks. > -- David Z. From: Peggy Gardner[mailto:paardnerOmeridiancitv.ore] Sent: Wednesday, February 26, 201410:46 AM To: Nancy Brecks Subject: FW: Gravel Pit in South Ridge See notes below. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: Bruce Chatterton Sent: Wednesday, February 26, 2014 10:37 AM To: Peggy Gardner; Sonya Watters Cc: Tammy de Weerd; Robert Simison Subject: RE: Gravel Pit in South Ridge Yes, everyone within 300 feet, plus the usual signs posted. We understand that they do plan to file for the CUP amendment. From: Peggy Gardner Sent: Wednesday, February 26, 2014 10:33 AM To: Bruce Chatterton; Sonya Watters Cc: Tammy de Weerd; Robert Simison Subject: RE: Gravel Pit in South Ridge if they ask to modify, will the neighbors on Val Vista be notified? Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: Tammy de Weerd Sent: Wednesday, February 26, 2014 10:12 AM To: Jeff Lavey Subject: Fwd: Gravel Pit in South Ridge Please see that this is followed upon today. Sent from my iPhone From: Bruce Chatterton Sent: Wednesday, February 26, 2014 10:08 AM To: Tammy de Weerd; Peggy Gardner; Robert Simison Subject: FW: Gravel Pit in South Ridge Details from Sonya. These conditions give Code Enforcement something to work with on any enforcement. Also, please note that they have to stop extracting and reclaim the site on April 4—just over a month from now, unless they get a CUP modification. --Bruce From: Sonya Watters Sent: Wednesday, February 26, 2014 9:57 AM To: Dean Beaupre Cc: Bruce Chatterton; Caleb Hood Subject: RE: Gravel Pit in South Ridge Dean, The following are conditions of approval taken from MCU -12-003 that are applicable to this site: The work hours for mass grading, gravel extraction, rock crushing, loading and hauling shall be limited to weekdays (Monday thru Friday) between the hours of 8:00 a.m. and 5:00 p.m. The Commission approved extended hours of operation solely for the removal of material from the site on non -holiday weekdays (Monday thru Friday) between the hours of 6 am and 6 pm; ALL other operations shall occur between the hours of 8 am and 5 pm on non -holiday weekdays (Monday thru Friday). The extraction area shall be watered daily as often as necessary to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface and shall be graded to drain all surface water away from the haul roads and shall be confined to the subject site. The existing use shall be allowed to continue for a maximum additional period of 18 months (until April 4, 2014 from the date of approval of the findings (October 4, 2012). At the end of this period, the site shall be graded as shown on the reclamation plan, or a modification to the conditional use permit shall be requested to extend the use. If they are operating outside of these conditions, they are in violation of their CUP. Please let me know if I can be of further assistance. Thanks, Sonya 489-0578 From: Dean Beaupre Sent: Wednesday, February 26, 2014 9:23 AM To: Sonya Watters Subject: FW: Gravel Pit in South Ridge From: Matt Parsons Sent: Wednesday, February 26, 2014 8:22 AM To: Dean Beaupre Subject: FW: Gravel Pit in South Ridge From: Tammy de Weerd Sent: Wednesday, February 26, 2014 12:11 AM To: Peggy Gardner Cc: David Zaremba; Matt Parsons; Bruce Chatterton; Jeff Lavey; mayortammy; Charlie Rountree; John Overton - Police Subject: Re: Gravel Pit in South Ridge So they would have had to get some kind of permit from Community Development... what is going on? Sent from my iPhone From: Peggy Gardner Sent: Tuesday, February 25, 2014 10:55 AM To: David Zaremba; Matt Parsons Cc: Bruce Chatterton; Jeff Lavey; mayortammy; Charlie Rountree; John Overton - Police Subject: Gravel Pit in South Ridge I received a call from Nancy Brecks this morning and she was beyond unhappy. The gravel pit in Southridge Subdivision at Ten Mile and Overland is in full production. She said you can't stand in her front yard and talk to anyone; you have to scream to be heard. She said it needs to stop and wants to know what will be done. She and the neighbors who live on Val Vista want to know what has changed to allow them to still operate? Nancy Brecks Work Phone 475-2225 Email nbrecks[Mcompassidaho.ore David, Nancy lives in the area of impact for your district so I thought you might want to respond. Please contact her and let me know so I can put it in to the file. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 Jacy Jones "rom: Jerry Ross <JerryR@kadels.com> ent: Tuesday, March 25, 2014 4:38 PM To: Jacy Jones Cc: Jerry Ross; Glen Hickey (hickeyglen24@gmaii.com) Subject: Proposed Idaho Sand and Gravel CUP extension Commissioners, I represent the estate of Harold and Elberta Ross at 2302 W. Aspen Cove Drive in Meridian and I am writing to share the displeasure of my family with the disregard Idaho Sand and Gravel has shown to the residents of Aspen Cove and surrounding communities with their open pit gravel mine at the corner of Overland and Ten Mile roads. This property has been in my family since 1976 and up to a few years ago, was always a peaceful, quiet, and CLEAN!!, sanctuary for our family to gather for holidays and outdoor activities. Unfortunately, over the past several years, the neighbor on the other side of the northern property line has greatly diminished our ability to enjoy this special property. The noise and consistent poor air quality that comes from the IS&G site has to come to an end on April 4, 2014 as per the conditional use permit that is currently in place clearly states. I am particularly troubled by the removal of the language that has allowed for another extension to even be asked for, and feel allowing this language to be removed was a real and incredible dis service to the residents that should be served by the city council when considering this type of an operation being allowed to do business in such close proximity to well established neighborhoods. It is not as though the gravel mine was there and grandfathered in when Aspen Cove and the other neighborhoods affected by their operation requested the granting of a permit from the City of Meridian. Per the conditions of the CUP, IS&G is required to not create a situation that would be deemed a nuisance and the CUP also references air quality. I can testify that neither of these conditions is being met and it is clear that IS&G has ramped up their crushing efforts with the approach of the April 4th deadline on the current CUP. Just step outside city hall and look southwest and you cannot miss the enormous ountains of freshly ground sand and gravel. No effort is being made to water these mountains and with every westerly ind, large amounts of dust and harmful silica is distributed across all of the properties in Aspen Cove. We cannot mow our lawns without wearing dust masks or respirators for fear of the silica that we will inevitably breath in due to the deposits that have blown onto our property. Our furnace filters have to be changed regularly due to being constantly clogged with dust and harmful silica. We cannot keep our patios and windows clean or enjoy an afternoon in the back yard. My wife and young children currently reside in the home with me and we act as the caretakers of the property until such time as the family feels the market will be best to sell this property and close the estate. The date of April 4th, 2014 was a target to start considering this action, but who would want to buy a home next door to a gravel pit that does so much damage to the property and presents such a health hazard to the residents? Would you? Was this considered in the previous applications made for a CUP by Idaho Sand & Gravel? If the extension is granted to IS&G to keep this operation running, it is my belief that the Ross family has a very valid case for deprivation of value against IS&G, Corey Barton Homes, and the City of Meridian. I have zero confidence that IS&G will follow the conditions of any such extension in regards to limiting crushing to 60 days, and even if they do, the removal of the massive amount of built up material would still create an unacceptable amount of noise and further air pollution that has already gone long past the original time frame as it was first granted. I ask that the City of Meridian deny the request of Idaho Sand & Gravel for an extension beyond April 4th, 2014, that all operations beyond the re grading of the property not be allowed, and that sanctions be assessed to Idaho Sand & Gravel for their blatant disregard for any attempt to meet the April 4th, 2014 deadline as was granted them by the City of Meridian. It is clear this company has no regard for the conditions that were set forth in the conditional use permit and no regard for the concerns of the citizens they have had such a negative impact on for the past three years. �1 Jacy Jones ti ren LAR & LAR <twolars@gmail.com> ent: Wednesday, March 26, 2014 11:04 AM To: Jacy Jones Subject: Idaho Sand and Gravel Commissioners, Enough is enough! Idaho sand and gravel in south ridge development has had their extensions, dusted our air with pollutants, covered our yard with silt and rang our ears with a constant din! April 4, 2014 is the date and I think they should come down from their ivory towers (pile of sand) and comply with the agreement that was made! Our beautiful subdivision is turning into a dust bowl ---very sad Lynne Reiber 2289 Aspen Cove Circle twolars@mail.com PS Do I need to write a letter to get my complaint on record? • 0 Machelle Hill From: James Montgomery <james.montgomery7@gmail.com> Sent: Thursday, March 20, 2014 11:15 AM To: Machelle Hill Subject: Request for Consideration of Public Comment - Rock Quarry Permit Extension Dear Planning Commission Members: Recently the local news media ran a piece concerning the upcoming renewal of the rock quarry operation located just east of Ten Mile Road south of I-84. They reported their operating permit is up for renewal in early April 2014. We live in Meridian Greens [3rd Way @ Calderwood Rd] and have endured the excessively high dust deposited from the quarry operation since its operation began. Since the prevailing winds come from the west during the summer months, we get a direct shot from the quarry location most days. Not only is the patio covered in fine dust, I must vacuum our outdoor pool daily to remove the yellow dust which has settled on the bottom. This naturally requires more frequent pool filter cleaning because of the extra dirt deposits. In short, a commercial rock crushing, storage, and delivery operation is totally incompatible with the residential nature of the surrounding neighborhoods. I'm sure the noise and truck traffic is a major concern and annoyance for the closer neighborhoods. Lastly considering we live about a mile east of the quarry, their operation is literally coating hundreds of residential properties with fine dust. Not only is this result a significant annoyance but a major health hazard for the very young and elderly. Thank you in advance for your consideration and hopefully recommendation to deny a permit extension is must appreciated. Jim Montgomery 1943 Se 3rd Way -Meridian, IID 83642 208-867-8010 Jacy Jones rom: Bill Weiss <bilweiss@gmail.com> Went: Tuesday, March 25, 2014 6:03 PM To: Jacy Jones Subject: loverbearing Idaho sand and gravel Sirs I know that you always look at who can pay you the most,but I beg of you DO NOT extend the permit of Idaho sand and gravel at their gravel pit. I believe, because of them my dust allergy is getting worse and worse. They know how to influence their cause and only you people can put a stop to it. I ask again PLEASE. do not extend the permit. I am W.O. and PM Weiss Aspen cove dr. C • Jacy Jones rom: Keith Ebeling <kgriz@q.com> qwent: Tuesday, March 25, 2014 3:04 PM To. Jacy Jones Cc: Keith Ebeling; glenn hickey Subject: email for the planning and zoning commissioners Commissioners my name is Keith Ebeling and I live just south of the infamous Idaho Sand and Grave mine in the south ridge development. For the past three long years we have endured an inordinate amount of obnoxious noise from rock crushers, back up beeper, dirt moving equipment and trucks hauling materials out of this site. It has been frustrating for everyone in the neighborhood. In addition to the noise we have been exposed to a great amount of dust, airborne silica and other pollutants. This has caused some health problems and has put everyone in the area at risk. We have also seen an erosion of our real estate values and other assets as a result of this operating mine, which by the way is the only gravel mine I could find within the city limits of any city in the country.l have been informed that ISG is now applying for another 18 month extension, and they wait until the last moment to file their application. Please do not let this happen. One of the reasons I am sending this email is to persuade each of you to visit this site and see what has developed. Then ask yourself would you like to have this mess next to your home? Would you like to deal with the pollution and noise ? Finally I would like address the special use permit issue. I have looked at this permit and it is my understanding that the permit expires on 4-4-14 and the property must be returned to the grade stipulated in permit by that time. On your visit to the site you will see that there is no way this can happen , unless the just push all of the material back into the hole. By waiting until the last hour to apply for and extension, ISG is just plain arrogant or they are convinced that if they do not receive the extension they will be 4 Ilowed to work in the area to return it to the specified grade after 4-4-14 which is in fact an ex facto extension. I think the city of meridian legal staff should be involved in this immediately. Thank you for your consideration in the matter. Keith Ebeling 887-2047 kgriz@q.com 12--i This email is free from viruses and malware because avast! Antivirus protection is active. •