Town of Cooks Valley

Public Hearing-EOG

April 22, 2013

The public hearing concerning EOG’s non-metalic mining application and permit on the Dennis Schindler property was opened at 7:30 pm by Chairman Darrel Fehr at the Cooks Valley Town Hall located at 15784 40th Street.  Supervisors present were David Clements and John Sykora.  The other town officer present was Victoria Trinko-clerk.  Attorney Glenn Stoddard represented the Town of Cooks Valley.  Representatives from EOG and residents are listed on the attached sheet. 
Glenn Stoddard presented an opening statement:  This proposal was a progressive project similar to Preferred Sands proposal but has some unique characteristics dealing with EOG’s operations.  Attorney Glenn Stoddard felt it is a good proposal as it protects the adjoining property owners and includes special considerations for other property owners that are not adjoining.  There is a road agreement in place and he recommends approval of this permit that has a lot of work behind it.  Anyone with special requests should make them at this time.
Mark Berge:  pointed out there is no mention of operating hours in the EOG proposal which was proposed prior to the beginning of negotiations.  It is very noisy at his house.  At night, he can hear all the activity occurring in the mine site.  The traffic is annoying with no respite, especially when the operation or trucking continues on weekends.  He would like to have the truck hauling operate five days a week and have the weekends of no trucking to allow some peace and quiet for the residents. 
Nancy Schindler:  experessed concerns with the offer of sale for her house.  If no one buys the house, how long does it have to be on the market?  Why does it have to be placed on the market again?  Glenn Stoddard felt this point would not be a reason to reject the permit.  Nancy:  If there is no offer, how long does it have to be on the market?  Glenn Stoddard:  the way the proposal is written, this would be taken care of after the permit is approved.  Jon Behling-attorney for EOG: If there is an offer on the house, Nancy Schindler should contact the Chippewa Office.  If she sells the house and does not receive the asking price, EOG will make up the difference.  If no one makes an offer or the offer is too low, EOG will purchase the property.  EOG has the title work made up and ready to go on Nancy Schindler's property and Scott Johnson’s property.  The offer for the house has to be an arm’s length offer and a relative cannot make an offer.  Don Sarauer has first refusal on the offer for the property concerning him but he cannot be the first offer.  He has two days to let EOG know if he is taking the offer.
Sheila David:  Do we have protection from EOG in regards to run-off?
Tom Maul:  There will be no problems.
Sheila David:  There were problems with Preferred Sands in St Croix.
Tom Maul:  We build our mines better than they do and there will never be a problem.
David Clements:  Do you have a 100 year plan?
Tom Maul:  We follow the rules the DNR, county and state require.
David Clements:  You have a 20 year plan.
Mark Berge:  I have concerns about the waste sand being hauled in regarding the amount and where it is being hauled from.
Tom Maul: we keep track of the waste sand hauled in and taken out.  They have slips from all the trucks concerning the amount of sand being hauled in and taken out that has to be reported to the county. 
Darrel Fehr:  The town board will need to see these slips on the quarterly reports. 
Tom Maul:   there are piles of slips and it is difficult to read them all.
Darrel Fehr:  Preferred Sands sent the town board a cumulative daily printout to show the amount of material moved in and out of their mine. 
Tom Maul:  we can do that but now we have the slips.
Mark Berge:  How long will they test the water after they have completed the project for the quality of the water and who will test the water?
John Sykora:  How do they determine which mine the waste sand is coming from?
Tom Maul:  They direct trucks on certain days to which mine they are hauling into but the amount of trucks from a certain mine is not able to be determined. 
Doug Zwiefelhofer:  Where is the sand coming from?
EOG representatives:  They are hauling from the SS mine, Downing, DS mine and DD mine in Arland that are going to the plant and the waste product may end up in Cooks Valley.
David Clements:  Didn’t we have a limit on the radius of where waste sand could be hauled from?
Glenn Stoddard:   that point was negotiated out of the proposal.
Mark Berge:  is there another chemical being used or tested?
Representatives from EOG:  A flocculent is being used and a coagulant is being tested to determine if it could make operations more efficient.
David Clements said the waste water treatment plant for the City of Bloomer uses more flocculent than the mines and release it into the creek, but the flocculent breaks down when exposed to oxygen.
EOG stated the chemicals are exposed to oxygen while being hauled and placed in piles and is starting to break down before being used for reclamation.
David Clements:  Is there anything in the reclamation plan that says how long they have to test after the mine is closed?
EOG:  There is nothing in the reclamation plan concerning the testing of water, 
Mark Berge:  How long will this chemical take to move in the ground water?
EOG:  There is no way to determine the length of time for water to move through the ground.  Some water veins move through the earth at a rate of 2 feet per year.
Victoria Trinko:  Studies have shown that ground that has be disturbed by blasting and loosened by excavation close to or below the water table has a faster migration of chemicals through the ground water.
Jane Sonnentag:  read her concerns-see attached sheets.
Mark Berge:  read his concerns-see attached sheets. 
Chairman Darrel Fehr closed the public hearing at 8:07 pm.