CALL TO ORDER – 7:00 pm
Co-Chairman Duncan called the meeting to order.
ROLL CALL
In attendance: Co-Chairman Jennifer Duncan, Commissioners Andrea Rattray, Mark Carroll, Tom Lenkart, Connie Holbrook and Mark Rivecco. Not in attendance: Co-Chairman Mike Brackett, Commissioner Ed Sweeney.
Staff in attendance: Village Administrator Wes Kornowske, Community Development Director Scott Buening, Village Clerk Lori Murray.
APPROVAL OF MINUTES – July 19, 2011
Comments on the Minutes:
Page 2 – Chapter 6 Discussion of Zoning Ordinance – Commissioner Rivecco asked about the underground utility poles. Buening commented at that meeting that it referred to the burial of utility poles along Route 31. Rivecco said that Buening further commented that the text needed to be corrected in the document. Duncan said that Buening had made a note of that in the discussion.
Page 3 – Chapter 8 Business District, Section E – stucco reference should reflect “synthetic stucco”.
Motion made by Commissioner Carroll and seconded by Commissioner Rivecco to approve the Minutes of July 19, 2011 subject to the changes as mentioned.
PUBLIC HEARINGS
a. None
NEW BUSINESS
a. 11-004: ComEd Right-of-Way east side of IL Route 25 – Rezoning from
R2 Single Family and ER Estate Rural Districts to I-2 General Industrial District (after annexation) and a Special Use to permit underground mining operations (ComEd and Lafarge Aggregates Illinois, Inc)
Atty. Bruce Goldsmith of Dykema Law Firm (representing LaFarge) addressed the Plan Commission. Those who planned to speak at the meeting were sworn in. Mike Spores (blasting/vibration consultant), Mine Superintendent Brian Washkoviak, John Faye of Lafarge and representatives from ComEd.
Goldsmith said that two blasting tests were done at different places in the mine. One was typical but not close and the other was as close to the corner closest to the Chesterfield neighborhood. The maximum blast which is a triple-shot was done in that corner. Monitors were placed into the neighborhood and in between, spaced from ground zero all the way out to 1500 feet.
Goldsmith noted that there were questions raised about air quality. Results from a 2010 test study were provided from the Village and results showed that nothing was above the levels that would cause a violation of the air quality laws.
A question was raised by NICOR as to the impact of blasting on their high pressure line. On ComEd North there is high pressure line, water main, sanitary sewer and high wire. Mining company Agapito did a study and the conclusion was that there would be no impact on the high wires or the high pressure line. Nicor has asked for additional information which will be supplied to them.
Goldsmith said that LaFarge was sensitive to the concerns of the neighbors. One thought to address those concerns is that the closest point that the current mining is permitted is 950 feet to the closest residence. LaFarge is offering to cut off the corner of the ComEd area so that the distance mined within the ComEd right-of-way would be no closer than what is currently mined within the approved mine area per the 2011 annexation.
Mike Spores from Vibra-Tech addressed how blast vibrations are measured. Peak particle velocity and frequency are used to measure blast vibrations. Main study from the United States Bureau of Mines is the RI8507 Study which looked at 219 blasts at 76 different residences. It was concluded that peak particle velocity is the single best descriptor of the ground motion, but that there is also a need to look at the frequency. At lower frequency blasts there is a higher potential for damage.
On July 22, two blasts were done in the northern portion of the mine. One further to the west and one in the northeast. There were 3 arrays of seismographs. Array A went off to the north to Chesterfield out to 1500 feet. Array B went out to Thompson out to 1500 feet. Array C went up to 1250 feet. Results from the study showed that the only ones that registered with the first blast were ones within 950 feet. At 1250 ft the seismographs did not even trigger.
Vibra-Tech’s professional opinion was that the ground vibrations generated by blasting activity at the Conco mine have not and will not exceed the Village of North Aurora vibration limits.
Remote monitors have recorded 12 triggers in the north east corner. In 9 months, there were 58 total shots in the north mine. Only 12 registered (were perceptible) to the monitors.
Spores said that vibration levels from blasting may be perceptible to human beings at some of the residences in the Chesterfield Subdivision, however, human perception is not an objective measure with which to determine damage probability.
Possibility of cosmetic or structural damage to the adjacent homes is nil. Blasting has been taking place for years under the Conco mine office and there has been no cosmetic or structural damage to that structure.
Commissioner Rivecco asked if there had been any damage to the pole barn at the entrance of the mine. Answer was no.
Commissioner Holbrook asked about the times for blasting. Answer was 3:15 pm and possibly 3:20 pm. When there is an 8 hour shift, blasting times will move to 2:15 pm or 3:15 pm.
Commissioner Lenkart asked about the two houses on the private drives since LaFarge would be blasting within 75 feet of the houses. Atty. Goldsmith said they have been blasting for years and have had no problems with those neighbors. Buening said that the homes are approx. 100 feet from the ComEd right-of-way.
Commissioner Rattray asked when the 1.8 million dollars for air quality measures would be implemented. Goldsmith said that it was implemented this year with respect to the crusher and the conveyor system.
The mine superintendent noted the measures at Conco – Significant amount of dust compression that will be put in at the east side of the property. There are 60,000 – 80,000 gallons of water being sprayed daily. Commissioner Lenkart asked if there was a way to measure how much dust is escaping from the mine. Atty. Goldsmith said that they cannot control weather and wind direction which can have an impact, but are trying to attack every part of the exposure of the stone to the air. New measures are being taken to help contain the dust. There was a test done in 2010 that measured the dust which was well below acceptable limits. Lenkart said that perception from the residents of the neighborhood is different.
The mine superintendent said that no dust is shot out of the mine and that there is no feasible way for it to get out of the mine. There are no circulations pumping into the fan. Shots around that area are farther away from any kind of portal (feed line going down) or the vent shafts. Vents shafts are turned on within a minute that the blast occurs. On days where there are high winds, stock piles that are high may throw dust, but hoping to take care of that with the additional spray systems that will be put in place. The superintendent said he had no problem shutting the plant off if he sees anything approaching the tree line that he can’t contain with water.
Commissioner Lenkart asked why a report has not been received from Nicor. Atty. Goldsmith said it is probably just the structure of their business and that they have had it for a month. Goldsmith said that if the Plan Commission was prepared to make a recommendation, that it could be contingent upon a signoff from Nicor.
Commissioner Carroll asked if there is any device that measures the dust. The superintendent said no. He was not sure if there was such a device but said he could check with the environmental department.
Lenkart asked if most of the 1.8 million dollars LaFarge is spending is for the filtration system. Answer was yes.
Lenkart asked about dust from the stock piles over the weekend. The superintendent said there are no security guards, but the biggest generation of dust would be when they are in the pit and open for sales. When the business is shut down, it is idle, but if a 30 or 40 mph wind comes by, there will be dust that gets out. The superintendent said he has looked at something called tree sap to help with the dust and has also put in a bid for 250 junipers last week.
Commissioner Rattray asked how the roads are watered. The superintendent said that there is a truck specifically for the roads,
AUDIENCE COMMENTS
Nick Nelson, 128 South County Farm Road, Wheaton, IL (Attorney for Chesterfield Association) – Atty. Nelson presented the Commission with data sheets from Lafarge.
Page two references hazards including potential diseases and afflictions from the materials. Page 4 discusses procedures to be taken if you encounter these materials. Atty. Nelson said that multiple homeowners have told him about the thick layer of dust that is on the property in the mornings. Nelson said that perception is subjective and everyone has perceived the blasting and grinding and air quality. They know exactly when the blasting takes place. This question should go beyond what the standards are because it is about people’s quality of life, over 1000 residents of North Aurora. Their lives and their properties and enjoyment are being impacted. Atty. Nelson said he was concerned that Nicor has not made their findings since this was a concern at the last meeting. Nelson asked how the committee could make a recommendation without hearing first from Nicor. This was one of the reasons that the last meeting was tabled and continued. Nelson asked the Plan Commission to review the data sheet from LaFarge.
Randy Zeleski, 110 Gorham Court, North Aurora – LaFarge made a statement that they have a 40-year supply of Dolomite and limestone under where they are currently digging. Zeleski was concerned that LaFarge will spend 1.8 million on recycling water, but will not do anything about the dust, or put tarps on the hills or control air quality. Zeleski said that this does not benefit the village or the citizens of the village.
Tim O’Brien, 577 Hamilton Lane, North Aurora – O’Brien said that at the last meeting Lafarge said they could not live up to their contractual commitments if they were not granted this special use. O’Brien said they know what their commitments were. O’Brien said that when he moved here it was a nice residential community. He understood the mine was there, but since that time it has greatly expanded. They had a 65-foot setback line removed. O’Brien said he did not think it is right to allow LaFarge to go right up to the property line. O’Brien added that the Village Board and Plan Commission should be looking out for the residents because this is a residential area. O’Brien said that nothing can be done about the 65-foot setback, but the future concerned him. O’Brien said he wants the Village to get a contractual enforceable commitment from Lafarge that they will not expand beyond what they are asking for here. O’Brien said he was still concerned about the NICOR issues.
Jean Kaitis – 405 Chesterfield Lane, North Aurora – Kaitis said that at the last meeting, she was requested to provide information on any homeowners who had addressed complaints at Village Board meetings. Kaitis said she would provide a list of those residents. In a Sept 2009 meeting, Mr. Spores said that removing the setback would have little or no impact on surrounding neighbors. Kaitis said that little or no impact does not mean no impact. Kaitis asked Atty Goldsmith about the fact that Nicor was given a report in 2009 with regard to the proposal. Kaitis said that in the village meetings, it was stated that LaFarge needed the 65 feet to have enough Dolomite. Kaitis asked if this has been in the works for some time.
Kaitis said that at the last meeting, it was addressed to Atty. Goldsmith and LaFarge Corporate to find out from Lafarge Corporate if they had any intention for further movement to other areas for blasting. Kaitis said there had been no mention as to what Lafarge Corporate had to say. Kaitis noted her concern regarding the study on the effects of blasting since it was only done on one home. Kaitis said that LaFarge is spending 1.8 million dollars on air quality but there has been no mention of the noise that starts early in the morning. Kaitis asked why LaFarge just doesn’t go down to level three to mine and not have the rezoning done. Kaitis asked if the committee is ready to accept the legal implications personally and professional if the Chesterfield residents are faced with structural damages or if an emergency situation occurs affecting the residents such as gas line explosions, ponds affected by toxic waste, sewage line breakage, etc..
Chris Hogan, 609 Stewart Avenue, North Aurora – Mr. Hogan said he has lived in North Aurora for the past 12 years. If the rezoning happens and ComEd agrees to the lease with LaFarge, they will be able to mine and blast 250 feet underground just a little more than two football fields away from his home and his neighbors. Without the rezoning, LaFarge will have to work a little harder to get down to the Dolomite that is already on their property. The Chesterfield residents have the potential to lose fresh air, quieter days, comfort and health. Hogan asked, “What will happen to my kids in 30 years?” Hogan said he knew the quarry was here 12 years ago but never expected the Village to allow a quarry to move any closer to his home. Hogan asked that the Village not allow rezoning to happen for the sake of the residents in Chesterfield.
Atty. Goldsmith said it is unfortunate at times that they try to give solid information and yet somehow it is lost in translation. Goldsmith said that every industrial property and major business has MSDS sheets and every chemical and product has safety requirements that are kept for worker safety. There is no question that materials may have consequences in direct exposure and LaFarge has proved that this is not a product that is transmitting into the neighborhood that has a public health response.
Goldsmith said that with regard to Nicor, LaFarge is waiting to hear back from the gas company. Goldsmith noted that all of the pipes have been in operation next to blasting for years. It is obvious from the amount of blasting, that there are no adverse problems with the gas line.
John Faye of LaFarge said that their first priority is safety and next to that is to be a good neighbor. LaFarge is investing in that and has been working with the Village over the last couple of years and came up with a new annexation agreement to address the concerns. This was approved by the Village in April of this year. Faye said that it is a great value for LaFarge to access the additional reserves. If a recommendation is made for approval, and to have a condition for the setback, there will be no changes in terms of blasting any closer to Chesterfield. All of surface and subsurface operations will stay the same.
Kaitis asked the attorney what corporate had said about future expansion in the future.
Atty. Goldman said that they cannot predict the future of the operation. Buening said that with any expansion they would be required to apply for a rezoning or special use.
Duncan asked if the setback corner is addressed, if the entire annexation would be less that property and if the legal description would be changed. Buening said the annexation would remain the same.
Commissioner Carroll said that the last slide of LaFarge’s presentation stated that human perception is not an objective measure to determine damage probability. Carroll said that is true and it is a subjective measure, but this is why we are here. Carroll said he has heard LaFarge address this. Carroll commended LaFarge for trying to keep the environmental concerns down. Carroll was concerned because the airborne environmental report that was relied upon was the Village’s report done in 2010 and only takes a sampling of one day (10/22/2010). There is no indication in the report about what the wind conditions or temperatures were that day. Carroll said he did not give much credence to a study that reports on one day. Carroll said that cutting off the corner property was a good idea. Carroll said that the key issue is the human perception. Carroll said he reviewed the standards for a special use and said it was not just about the public health, safety or morals. Comfort is key. The use and enjoyment of their property. Carroll stated that the Plan Commission has refused room additions and sun rooms for failure to comply with setbacks and the same should apply in this situation. The Plan Commission has also rejected special use permits because it was based on financial reasons. This is key because the situation is before the Village because it is less expensive to mine out instead of down. Carroll added that 220 feet closer to the residents would be a mistake to pass.
Commissioner Holbrook said she appreciated the work LaFarge has put into the air quality, but agreed with Carroll that the Village has already given a significant increase in distance. Granting the additional space would not benefit the people at all.
Commissioner Lenkart said that the minutes recorded here and our actions will be presented to the Village Board and there would be no special meeting. The public record is the presentation to the Board.
Lenkart said there are two separate issues. Expansion of the mine into the ComEd property and environmental controls. Whether or not this request is allowed, the mining will continue and the same issues with the blasting and dust and noise will continue. Lenkart said the Village needs to continue working with LaFarge to develop a standard so that the homeowners are happy. Lenkart said he was concerned that the Village has not heard back from Nicor and was not comfortable voting until then.
Co-Chairman Duncan said she was sympathetic toward the concerns for the citizens, but also thought there is a lot of fear, apprehension and suspicion. Duncan said she believes in science and science has the tools to measure fear and apprehension and suspicion and prove things one way or the other. Duncan said she has seen more evidence that this is not likely to destroy homes. Duncan said she went to the mega blast which was the closest point to the homes and felt the effect but it was a mega blast which is three times the normal blast and it lasted a second. Duncan said she did not believe changing the distance would resolve the dust issue. Mining has been going on since the residents have been living in their homes. Duncan noted that there is something to be said for the best use of the property and wanted the best situation for everyone.
Commissioner Rattray said she sympathized with the situation and noted that it may not be LaFarge at fault for all the dust and appreciated LaFarge’s work on water control/dust situation. Rattray said she was not fully comfortable voting until hearing back from Nicor. Rattray was also in favor of the corner (ComEd property) being clipped.
Motion made by Commissioner Carroll and seconded by Commissioner Holbrook to table the issue until the next Plan Commission meeting on September 6th. All in favor. Motion approved.
Commissioner Rattray asked what happens if Nicor does not have a response by then. Buening said he would check the statutes to determine how long evidence could delay a decision after a public hearing has already been held.
Commissioner Carroll noted that the next meeting would be limited to information from Nicor.
ADJOURNMENT
Motion to adjourn made by Commissioner Carroll and seconded by Commissioner Rivecco. All in favor. Motion adjourned.
Respectfully Submitted,
Lori J. Murray
Village Clerk
