Mining Operations and Reclamation Plan From R. Smith and Sons Inc.

Mining Opera ons Plan and
Mining Reclama on Plan
R. Smith and Sons Inc.

Hope Township
Barry County, Michigan
Mining Operations Plan and
Mining Reclamation Plan
Hope Township
Barry County Michigan
Prepared For:
R. Smith and Sons Inc.
August 17, 2020

Project No. 171734
Table of Contents Fishbeck | Page i
Introduction...............................................................................................................................................................1
1.0 Background...................................................................................................................................................1
2.0 Standards for Specific Special Exemption Uses – Mining Operation ............................................................1
2.1 Article IV Special Exception Uses Section 4.2 Standards for Specific Special Exemption Uses........1
3.0 Mining Operation Plan..................................................................................................................................6

3.1 Description of Proposed Land Uses at the Conclusion of Extraction...............................................6
3.2 Property Layout and Vegetation......................................................................................................6
3.3 Natural Resource Value ...................................................................................................................7
3.4 No Very Serious Consequences (Provided by Counsel) ...................................................................7
3.5 Surface Overburden, Topsoil Stripping, and Stockpiling .................................................................9
3.6 Prevention of Soil Erosion, Dust, Sedimentation Problems, and Public Safety Concerns ...............9
3.7 In Operation.....................................................................................................................................9
4.0 Mining Reclamation Plan............................................................................................................................10

4.1 Proposed Land Uses at the Conclusion of Mining .........................................................................10
4.2 Site Plan .........................................................................................................................................10
4.3 Progressive Reclamation ...............................................................................................................10
4.4 Filling .............................................................................................................................................11
4.5 Topsoil ...........................................................................................................................................11
4.6 Vegetation .....................................................................................................................................11
4.7 Completion of Mining....................................................................................................................12
List of Figures
Figure 1 – Survey Plan
Figure 2 – Site Plan
Figure 3 – Site Access and Perimeter Berm Grading
Figure 4 – Mining Operation Grading
Figure 5 – Site Berm and Grading Section and Profile Views
Figure 6 – Restoration Grading
List of Appendices
Appendix 1 Application for Site Plan Review
Appendix 2 Special Exception Use Application
Appendix 3 Soil Erosion Permit Application
Appendix 4 Legal Description
Appendix 5 Soil Boring Field Logs
Appendix 6 Phoenix Center Policy Paper No. 53
Appendix 7 Property Value Impact Analysis
List of Abbreviations/Acronyms
EGLE Michigan Department of Environment, Great Lakes, and Energy (formerly MDEQ)
MDEQ Michigan Department of Environmental Quality
MDOT Michigan Department of Transportation
MOP Mining Operation Plan
MRP Mining Reclamation Plan
SEUP Special Exception Use Permit
Z:\2017\171734\WORK\REPT\MOP_MRP_HOPE_TWP_RSMITH_2020_0817.DOCX
August 17, 2020 Fishbeck | Page 1
Introduction
This Mining Operation Plan (MOP) and Mining Reclamation Plan (MRP) are prepared on behalf of R. Smith and
Sons Inc. (R. Smith) to specify the methods and procedures that will be utilized at the Hope Township Site (Site) to
meet the standards of the Hope Township Zoning Ordinance, Special Exception Uses for Mining Operations
(Article IV, Section 4) for Hope Township, County of Barry, State of Michigan.
This document is organized into sections. Section 1.0 provides history and background information pertinent to
the project and the Special Exception Use Permit. Section 2.0 outlines the information required in the Special
Exception Use Standards for Specific Special Exception Uses of Mining Operation. Section 3.0 presents the Mining
Operation Plan. Section 4.0 presents the Mining Reclamation Plan. The details of each plan are provided below.
The goal of each plan is to provide the information required in the Special Exception Use Standards to fulfill the
requirements of a MOP and a MRP.
1.0 Background
The site is located in Barry County, south of Rose Road, east of Miller Road, and west of Wilkinson Lake Street.
The Site is currently owned by Roger Smith and operated agriculturally. Figures 1 through 6 show the planned Site
Survey, Plan, and various stages of Grading. An Application for Site Plan Review is included as Appendix 1. A
Special Exception Use Application for Mining Operations is included as Appendix 2.
2.0 Standards for Specific Special Exemption Uses – Mining Operation

2.1 Article IV Special Exception Uses Section 4.2 Standards for Specific Special
Exemption Uses
F. MINING OPERATION. Mining operations shall be subject to the following requirements:
1. Additional Site Plan Requirements. In addition to the regular application materials as required for any Special
Exception Use, an application submittal for a mining operation shall be accompanied by the following
information:
a. Name and address of the owner(s) of land on which mining will take place.
Roger Smith, 3641 108TH Avenue, Allegan, MI 49046
b. Name, address and telephone number of person or corporation who will be conducting the actual mining
operation.
R. Smith & Sons, Inc., 3641 108TH Avenue, Allegan, MI 49046; 269.673.4665
c. Location, size and legal description of the subject property, and total site area to be mined.
The site is located in Barry County at 8409 Miller Road, Delton, south of Rose Road, east of Miller Road, and west
of Wilkinson Lake Street. The parcel is approximately 153 acres in size. R. Smith estimates 139 acres to be mined.
A copy of the legal description is provided in Appendix 4.
d. A plan for extraction and reclamation for the total project, which shall include:
i. Surface overburden and topsoil stripping and stockpiling plans.
The overburden material will be placed in an area adjacent to the pit to provide a sound and visual buffer, and for
future use in reclamation of the Site.
As specified in the MRP, site reclamation will be conducted using stockpiled topsoil that is removed from the Site
prior to mining, and site reclamation will be conducted using clay, silt, and sand not suitable for sale as
aggregates. The combined topsoil and fine-grained soils may be blended to provide topsoil suitable for
establishing and maintaining erosion resistant vegetation. Since all site reclamation materials will be stockpiled
onsite as mining progresses, and the performance bond will be in place prior to the start of mining, mining
activities, including site reclamation, will be conducted in the manner that both maximizes the efficiency of
mining, and maximizes the efficiency of site reclamation. It is expected that this will include simultaneous mining
in multiple areas of the Site to allow various materials including bank run, screened sand, 6A unwashed stone,
rip-rap, and excess top soil to be mined, produced, and delivered to the market both economically and effectively.
ii. Provisions for grading, re-vegetation, and stabilization that will prevent soil erosion, blowing dust,
sedimentation problems and public safety concerns.
A copy of the Barry County Soil Erosion Application is included in Appendix 3. A permit will be obtained once the
Special Exception Use has been approved.
During progressive reclamation, and at the completion of all site reclamation, site soils and slopes will be graded
to avoid erosion potential and to provide surficial soils that will support vegetation. Vegetation shall be restored
by the appropriate seeding of grasses or the planting of trees and shrubs to establish a permanent vegetative
cover of the land surface and minimize erosion. As the Site is currently used for agriculture, the site reclamation
may also utilize agricultural crops (hay, corn, soy beans, etc.) as vegetative cover. At a minimum, the site
conditions during progressive reclamation or at final reclamation will support a grass vegetation that meets
Michigan Department of Transportation (MDOT) requirements for erosion resistant vegetation.
Dust will be minimized from adjacent roads and points of ingress and egress through the use of the paved access
drive. If necessary, dust control will be maintained with water and dust palliative. Truck and equipment traffic
areas will be watered, as necessary, using water tankers or similar equipment to manage vehicle generated dust.
Processing equipment will utilize water spray jets, as needed, to meet the air quality permit and rule
requirements to control fugitive dust. All sand and gravel mining will be conducted using standard excavating,
transporting, sorting, stockpiling, locating, and washing equipment. Dust control for mining equipment will be
addressed in the facility’s air use permit. It should be noted that no blasting will be conducted at the Site.
As necessary, temporary grading features, including swales and sedimentation basins, will be constructed to
manage storm water runoff. The drainage swale and sedimentation/infiltration basin serve to collect rain water
runoff from working areas of the Site and to allow the surface water to naturally percolate to the groundwater at
the Site. Any suspended sediment present in the surface water runoff is filtered in the sedimentation/infiltration
basin.
It is not expected that any activities at the Site will present any public safety concerns; however, if such a
condition should arise, the conditions will be addressed promptly. Hazard mitigation will be a consideration for all
operation, excavation, and storage.
iii. A feasible and detailed plan for the re-use of the reclaimed site, consistent with the zoning district(s) in which
the facility is located and consistent with the intent of the Township Master Plan.
The existing land parcel at the Site is currently zoned AR Agricultural Residential. Most of the property at the Site
is being farmed and is currently under agricultural land use. At the conclusion of extraction or storage activities,
following the completion of reclamation activities, the Site could be used for single family residential
development or agricultural uses. All proposed future site uses will be consistent with the current zoning
requirements for the land parcel. Operations at the Site and reclamation of the Site will preserve the future site
use options. As described in the MOP, no mining will be conducted below the depth of the water table. Sufficient
material will remain in place above the depth of the water table to support the future site use.
The MOP and MRP are included as Sections 3 and 4 of this document, respectively.
e. Surface water drainage provisions and outlets.
runoff from working areas of the Site and to allow the surface water to naturally percolate to the groundwater
at the Site. Any suspended sediment present in the surface water runoff will be filtered in the
sedimentation/infiltration basin. Storm water will generally flow inward to the Site.
f. The location and size of any existing or proposed structures and any proposed vehicle or equipment staging
and parking areas.
Figure 2 is a Site Plan which outlines planned locations and sizes of buildings, parking areas, and
vehicle/equipment staging areas onsite.
g. Approved soil erosion permits. If such permit has not been issued, a copy of the permit application may be
appended to the Special Exception Use application and any approval shall be conditioned upon issuance of
such soil erosion permit.
A copy of the Barry County Soil Erosion Application is included in Appendix 3. A permit will be obtained once
3. Site Development Requirements.
a. Setbacks in which no part of the mining operation may take place, except for ingress and egress, shall be as
follows:
i. Excavation below the existing grade of adjacent roads or property lines shall not take place within thirty-five
(35) feet from any adjacent property line or road right of-way.
ii. No machinery will be erected or maintained within one hundred (100) feet of any property line or road
right-of-way.
All operation, excavation, or storage pursuant to the Special Exception Use Permit will meet the requirements of
Section 4.2, F, 3. All distances of excavation from property lines pursuant to the Special Exception Use Permit will
meet or exceed the requirements of Section 4.2, F, 3, a. Excavation will not be permitted below the existing grade
of adjacent roads or property lines within 35 feet of any adjacent property line or road right of-way. Machinery
will not be erected or maintained closer than 100 feet of any property line or road right-of-way. The Site Access
and Perimeter Berm Grading (see Figure 3) shows the locations of road rights-of-way, mining areas, and setbacks.
b. If fencing or landscaping is deemed a necessary requirement, the Planning Commission shall specify the type,
characteristics, and location of the required fencing or landscaping.
All operation, excavation, or storage pursuant to the Special Exception Use Permit will meet the requirements of
Section 4.2, F, 3. No decorative landscaping, fences, or wall are proposed. A site access gate will be installed at the
entrance to the Site for security.
c. Interior access roads, parking lots, haul roads, loading and unloading areas and stockpiled materials shall be
maintained so as to limit the nuisance caused by wind blown dust.
regulated through the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and will be
d. Hours of operation shall be established by the Planning Commission as part of the Special Exception
Use approval.
Estimated site operations will be limited to 6:00 AM to 6:00 PM, Monday through Friday, as well as 6:00 AM to
3:00 PM Saturday. Operational time is dramatically influenced by supply, demand, location (proximity due to high
trucking cost), weather issues, and road weight restrictions.
R. Smith also requests flexibility in the hours and days of operating to meet these additional factors that affect the
availability to provide a commodity for the citizens of the township and local communities at a competitive and
economical rate, as long as other operating conditions and requirements specified in the Special Exception Use
Permit (SEUP), the MOP, and the MRP are fulfilled. Any such additional hours would be on an as-needed and on
an as-approved basis by Hope Charter Township.
e. The application shall provide for measures acceptable to the Planning Commission to prevent any noise in
excess of sixty (60) decibels at any property line.
Sound and vibration will originate at the center of the mining operations; however, these impacts will be buffered
by the earthen barriers and the onsite stockpiles of sand and gravel. Based on previous activities, and experience
with other traditional sand and gravel operations, the generation of noise and vibration will be in similar scale
with agriculture machinery and practices, except that mining activities will be limited to the stated hours of
operation. Noise levels will be in conformance with the U.S. Department of Labor, Mine Safety and Health
Administration (MSHA). Figure 3 shows perimeter berm grading planned for the site, which will provide noise
screening. It is anticipated that noise levels from R. Smith operations will be negligible at the property lines and
below the limits set forth in 4.2, F, 3, e (after accounting for existing background noise).
4. Failure to maintain all required county, state or federal licenses and/or to develop and maintain a surface
mining operation in accord with the terms of the Special Exception Use approval may result in the immediate
revocation of a Special Exception Use permit and any and all other sanctions and/or penalties available to the
Township, county, and/or state.
R. Smith and Sons Inc. acknowledges the requirement of Section 4.2, F, 4. and looks forward to working with Hope
Charter Township to provide a commodity for the citizens of the township and local communities at a competitive
and economical rate, as long as other operating conditions and requirements specified in the SEUP, the MOP, and
the MRP are fulfilled. R. Smith and Sons Inc. also acknowledges that working with unpredictable weather
conditions, subsurface conditions, and human employees may result in unanticipated conditions. R. Smith will
work in good faith with Hope Charter Township to provide compliance with all applicable requirements and to
protect the interests of the township and the public.
Quality standards at the Site are overseen by federal and state agencies. Licenses are required under the Mining
Safety and Health Administration.
5. Evidence of Continuing Use. A Special Exception Use for a mining operation shall not expire unless it is deemed
abandoned by the Zoning Administrator pursuant to Section 4.1(H) of this Ordinance. When the Zoning
Administrator determines a mining operation or portion thereof to be abandoned, he/she shall give the
operator written notice of their intention to declare the mining operation or portion thereof abandoned. Within
thirty (30) days following receipt of said notice, the operator shall have the opportunity to rebut the Zoning
Administrator’s evidence and submit other relevant evidence to the contrary. If the Zoning Administrator finds
the operator’s evidence of continued use satisfactory, he/she shall not declare abandonment.
R. Smith and Sons Inc. agrees with the requirements of 4.2, F, 5. In the event R. Smith declares discontinued use,
different use, removes all mining equipment, or otherwise abandons the site, a new SEUP will be reapplied for
prior to resuming operations.
6. Financial Guarantees. A minimum performance guarantee shall be filed with the Township Treasurer. The
performance guarantee shall be in the form of a letter of credit, a certified check, a cash bond or an insurance
policy with the Township named as an insured party. The bond shall be returned when all conditions
stipulated in the Special Exception Use permit have been met and the Special Exception Use permit revoked
prior to its release. There shall be no partial release of the bond. The Township shall determine the amount of
the guarantee.
R. Smith agrees with the financial guarantee requirements in 4.2, F, 6 and will file the minimum performance
guarantee as determined by the Township.
in multiple areas of the Site to allow various materials, including bank run, screened sand, 6A unwashed stone,
7. Inspection and Amendments. Permits granted for a period exceeding one (1) year shall be inspected a
minimum of once a year by the Zoning Administrator to insure compliance with the permit and Ordinance.
Special Exception Use permits for mining operations may be amended by the Planning Commission in
accordance Section 4.1(J) and the following procedures:
a. A request for amendment of a Special Exception Use permit must be made at least thirty (30) days prior to
the expiration of the existing permit.
b. The written request shall provide information concerning the mining operation/activities conducted during
the current year and also show that such operation/activities are in compliance with the Special Exception
Use approval and the permit requirements.
c. Any financial guarantee shall also be established or revised in accordance with Section 4.2, F, 6 above for the
duration of the extension of the Special Exception Use permit.
It is likely the mining operations will exceed one year. The operating lifespan of a sand and gravel mining
operation is usually controlled by local economic conditions and the rate of construction in the area and is,
therefore, based on market conditions and not fixed time periods. R. Smith agrees with the requirements of 4.2,
F, 7 and will work with the Zoning Administrator on any required inspections. R. Smith will grant reasonable
access to Hope Charter Township staff to access and inspect the property subject to the SEUP. It should be noted
that all operations at the Site will be conducted to meet the safety requirements specified by the Mine Safety and
Hazard Administration, and Hope Charter Township staff will need to meet the same requirements.
In the event an amendment to the SEUP is required, R. Smith and Sons Inc. agrees with the procedures outlined in
4.2, F, 7, a-c, and will provide any required change information at least 30 days prior to the existing permit
expiration date of the SEUP. R. Smith will also provide additional information and financial guarantee, as required.
8. Modification of the Site Plan. The site plan may be modified at any time by mutual consent of the operator
and the Planning Commission to adjust to changed conditions, technology, or to correct an oversight. The
Planning Commission may require the modification of the site plan when:
a. Modification of the plan is necessary so that it will conform to existing laws.
b. It is found that the previously approved plan is clearly impractical to implement and maintain.
c. The approved plan is obviously not accomplishing the intent of the Ordinance.
R. Smith and Sons Inc. agrees with the requirements of 4.2, F, 8 and will work with the Planning Commission on
any required modifications of the Site Plan.
9. The Planning Commission may establish hours of operation for mining operations to protect the character of
the land uses in the vicinity.
All requirements of this section will be met as required. Estimated site operations will be limited to 6:00 AM to
6:00 PM, Monday through Friday, as well as 6:00 AM to 3:00 PM Saturday. Operational time is dramatically
influenced by supply, demand, location (proximity due to high trucking cost), weather issues, and road weight
restrictions.
R. Smith also, requests flexibility in the hours and days of operating to meet these additional factors that affect
the availability to provide a commodity for the citizens of the township and local communities at a competitive
and economical rate, as long as other operating conditions and requirements specified in the SEUP, the MOP, and
the MRP are fulfilled. Any such additional hours would be on an as-needed and on an as-approved basis by Hope
Charter Township.
3.0 Mining Operation Plan

This MOP is prepared to fulfill the requirements of Section 4: Special Exception Use Standards, and Section 4.2, F:
Standards for Specific Special Exception Uses – Mining Operations, of the Hope Township Zoning Ordinance.
3.1 Description of Proposed Land Uses at the Conclusion of Extraction

The existing land parcel at the Site is currently zoned AR Agricultural Residential. Most of the property at the site
is being farmed and is currently under agricultural land use. At the conclusion of extraction or storage activities,
following the completion of reclamation activities, R. Smith will restore the Site to a condition that is both
ecologically stable and beneficial to the community, which could include single family residential development or
agricultural uses. All proposed future site uses will be consistent with the current zoning requirements for the
land parcel. Operations at the Site and reclamation of the Site will preserve the future site use options. As
described in the MOP, no mining will be conducted below the depth of the water table. Sufficient material will
remain in place above the depth of the water table to support the future site use.
R. Smith understands that the SEUP needed to operate this Mining Operation shall not expire unless it is deemed
abandoned by the Zoning Administrator. The operating lifespan of a sand and gravel mining operation is usually
controlled by local economic conditions and the rate of construction in the area and is, therefore, based on
market conditions.
3.2 Property Layout and Vegetation

Figures 3, 4, and 5 include property layout and grading. The plan illustrates the planned 500-foot-long heavy-duty
asphalt access drive, the continuing gravel access, the location of the scale house, and property line setbacks.
Additional mining areas may be expanded incrementally, as long as the marketable product has been established
in each area. Fully mined out areas of the Site will be progressively reclaimed. Reclaimed areas may be used for
material storage and other mining related purposes.
Screening, washing, and storage may move with the expansion of the mining area, as long as the line of sight from
the bordering residential homes will not be of the equipment and storage. Screening of the operation will be
accomplished by vegetation, landforms, and setbacks. Utility haul roads may pass through reclaimed areas.
Berms will be maintained along all occupied adjacent residential properties. The heights of the berms will be
determined by the mining operations and the line of sight from ground level near the adjacent residential homes;
all berms must be of an adequate height to minimize visual impacts. Berms will be seeded with grasses or the
planting of trees or shrubs to establish a permanent vegetative cover. The height of the vegetation will also help
to minimize visual impacts.
Mining equipment will operate throughout areas of the Site approved for mining, material storage, processing,
berm building, and related site mining and maintenance. Limited operation of small “street legal” vehicles will
occur throughout the mining area in support of the mining activities and worker access. Operation of hauling and
transport trucks will be limited to areas between stockpile locations, loading locations, processing locations, the
scales, and the site access road. All vehicle access to the Site will be through the heavy-duty asphalt access road.
3.3 Natural Resource Value

R. Smith has conducted soil borings, which have identified valuable deposits of sand and gravel on the Site. The
soil boring logs are included as Appendix 5. The sand and gravel deposits located on the Site are precisely the type
of construction aggregate that is in high demand throughout Michigan, as identified in the Michigan Department
of Transportation’s “Michigan Aggregates Market Study, Phase I Report, dated October 3, 2016 (the “Market
Study Report.”). The Market Study Report identified that Southwest Michigan is an area of “moderate concern”
due to the fact that as of 2016, the area had only 16 years of permitted sand and gravel reserves.
R. Smith has been able to successfully market its aggregate products since starting operations and is operating at
a profit.
3.4 No Very Serious Consequences (Provided by Counsel)

The types of potential “very serious consequence” referenced in PA 113 and applicable case law would be readily
identifiable and documented, were they to have occurred in Hope Township. But R. Smith is not aware of any
prior reports of very serious consequences associated with the historic or existing mining operations in the
Township. Periodic inspections of R. Smith’s other operations have not identified any material violations, nor
identified any very serious consequences of those operations. Simply put, there have been no “very serious
consequences” resulting from historic gravel mining operations in Hope Township and none can be reasonably
anticipated in connection with R. Smith’s proposed operation. Site operations will be conducted to prevent any
very serious consequences resulting from such operations to residents, businesses, landowners, and the
community as a whole. The site is well situated to reduce potential impacts from mining operations. Past
experience within the aggregate mining industry, as well as numerous property valuation studies have
demonstrated little to no negative effect on adjacent property values.
Property Values Have Not Been and Will Not Be Affected by the Proposed Expansion
Granting R. Smith’s application will not cause any new or increased consequences to the Township or its
residents. Rather, R. Smith intends to simply continue the same type of gravel mining operation that has been
conducted in the Township for many years. Contrary to unfounded allegations often raised by opponents to
mining, property values in the vicinity of the past or present gravel pits, or along established haul routes do not
reflect any material reduction in property value, compared with other properties in the Township.
The fact that mining operations have not had a material negative effect on adjacent properties has been
demonstrated in numerous appraisal studies throughout Michigan and the United States. Recently, in a policy
paper entitled “Quarry Operations and Property Values: Revisiting Old and Investigation New Empirical Evidence,”
Dr. George S. Ford and Professor R. Alan Seals of Auburn University, both scholars at the Phoenix Center For Legal
and Advanced Public Policy Studies, analyzed the relationship between home prices and quarry operations at four
different locations around the United States, and found “no compelling statistical evidence that either the
anticipation of, or the ongoing operation of, rock quarries negatively impacts home prices.” If anything, the
Phoenix Center’s scholars find that home prices fall – not rise – as the distance from the quarry increases. A copy
of the Phoenix Center Study is attached as Appendix 5.
The conclusions of the Phoenix Center Study are consistent with similar studies of sand and gravel operations
throughout Michigan, including the Property Value Impact Analysis prepared by Great Lakes Appraisal Company in
2005, related to R. Smith’s existing mining operation in Hope Township, attached as Appendix 6.
Empirical evidence in Hope Township also confirms that real property values of those parcels in close proximity to
the various past and present gravel pits in Hope Township have increased over time at the same rate as other
parcels in the Township that are located distant from the gravel pits.
Noise and Dust Levels Will Be Controlled, Consistent with Customary Mining Operations
As discussed in greater detail in other sections of this Application, it is anticipated that noise levels from R. Smith
operations will be negligible at the property lines and below the limits set forth in 4.2, F, 3, e (after accounting for
existing background noise).
It is also important to note that while excavation activities will move along with the “open operating face” of the
pit, the processing and customer loading operations (which are the primary sources of noise and dust associated
with the mining operations) will occur set back from the property lines.
regulated through the EGLE and will be addressed in the facility’s air use permit. It should be noted that no
blasting will be conducted at the Site.
Haul routes will be approved by the Barry County Road Commission, including Hayward and Miller Roads. There is
no reason to predict that truck traffic associated with R. Smith’s operations will result in very serious
consequences. Pedestrian traffic within the mining and processing area will be prohibited.
There are no known hydrogeological investigations for the subject property. Groundwater was observed at a
depth of approximately 30 feet in boring location #1, drilled on the southeastern portion of the Site. Groundwater
was not observed in the remaining 6 borings, which were drilled to a depth of 50 feet below ground surface.
Water Levels and Water Quality Will Not be Negatively Affected
Mining opponents often raise concerns regarding potential impact to nearby wells and water quality. But those
concerns are not relevant to this application. While some quarries (particularly limestone quarries) pump large
quantities of groundwater in order to artificially lower the water table level, thereby allowing mining of material
below the natural groundwater level (and occasionally affecting nearby wells), that will not be the case with the
proposed R. Smith operation. This application is limited to minable material located above the water table. R.
Smith is not proposing any activities that will have any negative impact on groundwater quality or elevation.
A well log for the property was obtained from http://ww2.deq.state.mi.us/GeoWebFace/, the EGLE online
GeoWebFace database. The well log indicated depth to groundwater is approximately 30 feet below ground
surface, and a well log for the north adjacent property indicated water was approximately 70 feet below ground
surface. Subsurface soils consist of fine-grained to medium-grained sand with cobbles from the ground surface to
a depth of at least 50 feet. Sandy clay was noted at several of the locations in the upper 7 feet.
Mining will not occur below the water table and surface operations will not affect the natural water levels.
The project, as a whole, will be processing natural material and will not require burning, waste or sewage
disposal, or create smoke or odors.
3.5 Surface Overburden, Topsoil Stripping, and Stockpiling

The overburden material will be placed in an area adjacent to the pit to provide a sound and visual buffer, and for
future use in reclamation of the Site.
in multiple areas of the Site to allow various materials, including bank run, screened sand, 6A unwashed stone,
3.6 Prevention of Soil Erosion, Dust, Sedimentation Problems, and Public Safety
Concerns
A copy of the Barry County Soil Erosion Application is included in Appendix 3. A permit will be obtained once
During progressive reclamation and at the completion of all site reclamation, site soils and slopes will be graded
MDOT requirements for erosion resistant vegetation.
runoff from working areas of the Site and to allow the surface water to naturally percolate to the groundwater at
the Site. Any suspended sediment present in the surface water runoff is filtered in the sedimentation/infiltration
basin.
It is not expected that any activities at the Site will present any public safety concerns; however, if such a
condition should arise, the conditions will be addressed promptly. Hazard mitigation will be a consideration for all
operation, excavation, and storage.
3.7 In Operation
All distances of excavation from property lines pursuant to the SEUP will meet or exceed the setback
requirements. Excavation will not be permitted closer than fifty (50) feet of any residential property line or closer
than fifteen (15) feet of any nonresidential property line. Figure 2 shows the locations of road rights-of-way,
mining areas, and setbacks.
All access drives shall be clearly visible and posted. Mud and debris will be kept cleared from all adjacent roads
and points of ingress and egress through the use of the paved access drive. Limiting access into and out of the Site
using only the improved onsite road surfaces will allow any material clinging to vehicle tires to be removed.
Additionally, as needed, sweeping and scraping adjacent to roads and points of ingress and egress will be
conducted, as needed. All entrances to the property will be secured.
At present, equipment, machinery, and other related items are expected to include, but are not limited to,
state-certified scales, computer accounting system, wheel loaders that will be used to harvest “bank run” and/or
carry materials to the screen plant, scraper, stackers, conveyors, shop equipment tools, and related items. No
blasting will be conducted at the Site. All sand and gravel mining will be conducted using standard excavating,
transporting, sorting, stockpiling, locating, and washing equipment. R. Smith reserves the right to request to bring
in additional material that may be necessary to produce MDOT-specified aggregate mixtures.
R. Smith and Sons Inc. looks forward to working with Hope Charter Township to provide a commodity for the
citizens of the township and local communities at a competitive and economical rate, as long as other operating
conditions and requirements specified in the SEUP, the MOP, and the MRP are fulfilled. R. Smith and Sons Inc.
also acknowledges that working with unpredictable weather conditions, subsurface conditions, and human
employees may result in unanticipated conditions. R. Smith and Sons Inc. will work in good faith with Hope
Charter Township to provide compliance with all applicable requirements and to protect the interests of the
township and the public.
4.0 Mining Reclamation Plan

Section 4.2, F, 1, d, iii of Article IV requires a feasible and detailed plan for the reclamation and reuse of the
property, consistent with the zoning district(s) in which the facility is located and consistent with the intent of the
Township Master Plan.
4.1 Proposed Land Uses at the Conclusion of Mining

The Site is currently zoned AR Agricultural Residential. Most of the property is being farmed and is currently under
agricultural land use. At the conclusion of extraction or storage activities, following the completion of reclamation
activities, the Site will be used for single family residential development or agricultural uses. All proposed future
site uses will be consistent with the current zoning requirements and the Township Master Plan. Operations at
the Site and reclamation of the Site will preserve the future site use options. As described in the MOP, no mining
will be conducted below the depth of the water table. Sufficient material will remain in place above the depth of
the water table to support the future site use.
4.2 Site Plan

Figure 4 contains the Mining Operation Grading site plan. The plan illustrates the location of the site access, the
500-foot-long heavy-duty asphalt access drive, perimeter berm grading, the sediment basin, the location of the
scale house, and property line setbacks. Figure 6 contains the Restoration Grading site plan.
Mining equipment will operate throughout areas of the Site approved for mining, material storage, processing,
berm building, and related site mining and maintenance. Limited operation of small “street legal” vehicles will
occur throughout the mining area in support of the mining activities and worker access. Operation of hauling and
transport trucks will be limited to areas between stockpile locations, loading locations, processing locations, the
scales, and the site access road. All vehicle access to the Site will be through the paved access road.
4.3 Progressive Reclamation

All extraction and storage areas will be reclaimed progressively, as they are worked out, to limit the amount of
acreage open at any time. As described in the MOP, extraction, processing, and storage will be conducted as
required in the SEUP. A goal of the MRP is to provide efficient reclamation of the Site utilizing the progression of
mining activities. As mining activities progress towards completion and worked-out status, all ground slopes will
be prepared for reclamation and all hazards will be removed following completion of the removal of earth solids
down to the final removal depth.
During mining, topsoil and earth solids, including clay and silt, will be stockpiled. Some stockpiled materials may
be used for the construction of berms around the Site for visual screening, noise screening, site security, etc.
As areas of the Site are worked out, stockpiled materials will be used for site reclamation. Topsoil, clay, silt, and
sand will be blended, as necessary, to provided suitable material for vegetation growth to provide an erosion
resistant ground surface at the end of site reclamation.
As described in the MOP, mining will be conducted above the water table and no lake creation will occur.
Reclaimed areas will be left in a natural condition that will support the future site reuse (residential/agriculture),
as appropriate. Mining operations will not extend down to the water-producing depth. At the end of mining,
sufficient material will remain in place above the depth of the water table to support the future site use.
A sediment basin(s) may be used that may extend to a water producing depth to allow for sediment settling and
infiltration of rainwater, runoff water, and wash water. During mining and reclamation, the Site will be graded or
backfilled to ensure that the excavation or reclaimed areas will not retain or collect stagnant storm water. The
natural permeability of the sand and gravel soils that will remain in place at the end of site mining operations,
above the level of the groundwater table, will allow infiltration of precipitation and prevent the accumulation of
storm water. If, during mining activities, ponding or runoff occurs, the Site will be sloped and graded towards the
sediment basin to settle out. Any storm water leaving the Site shall meet all federal, state, and local quality
requirements.
4.4 Filling
In the event that filling of the extracted area may be necessary as part of the site reclamation, it is planned that
site reclamation will utilize materials derived from the Site (topsoil, clay, silt, and sand) to provide the required
materials for site reclamation and to establish natural and inconspicuous conditions that will support erosion
resistant vegetation suitable for future site use as residential and agriculture land uses.
4.5 Topsoil
Top soil of a quality that will allow for vegetation to be established shall be used. All topsoil stripped from the Site
to open areas for mining/extraction will be stockpiled onsite. Additionally, clay, silt, and sand soils not used for
sale will be stockpiled onsite. These materials will be placed during site reclamation to provide topsoil of a quality
that will allow for vegetation to be established. If necessary, topsoil will be imported for surface restoration.
Depending on the quantity of the topsoil and clay, silt, and sand that are stockpiled, topsoil and stockpiled soils
may be blended to support vegetation growth. If excess topsoil exists near the end of mining and site
reclamation, topsoil may be sold at a later date, but only after the quantities of topsoil needed for site
reclamation are provided.
4.6 Vegetation
During progressive reclamation, and at the completion of all site reclamation, site soils and slopes will be graded
MDOT requirements for erosion resistant vegetation.
Following progressive reclamation for any area of the Site, inspections shall be conducted of revegetated areas to
make sure that vegetation conditions are sufficient to prevent erosion, reduce surface water runoff to the extent
practical for vegetation planted over granular soils, and to provide inconspicuous appearing natural vegetation.
4.7 Completion of Mining

Following the completion of mining activities at the Site, R. Smith will remove all plant structures, buildings,
stockpiles, and equipment from the Site. Buildings or structures that may be used during subsequent reclamation
or which can be lawfully used under the requirements of the zoning district in which the property is located may
remain. R. Smith will grade the Site according to the Restoration Grading Plan.
Figures
Call MISS DIG
3 full working days before you dig:
Utility
Michigan's Notification
One-Call Organization
1-800-482-7171
on the net at: www.missdig.org
engineers
scientists
architects
constructors
f i s h b e c k, t h o m p s o n, c a r r & h u b e r, i n c.
www.ftch.com
SURVEY NOTES
R. Smith & Sons, Inc.

Hope Township, Barry County, MI
Mining Operation
REVISIONS
USER: WMB
TIME: 11:36:21 AM
4/5/2019 REGULATORY REVIEW

1/22/2018 PRELIMINARY
DATE: 4/5/2019
Drawn By ADO
Designer WMB
Reviewer RDM
Manager LMS
LAYOUT: C101
Hard copy is intended to be

30"x42" when plotted. Scale(s)
indicated and graphic quality may
not be accurate for any other size.
PLOT INFO: Z:\2018\180034\CAD\CD\C100180034.DWG
PROJECT NO.
180034
SURVEY PLAN
C101
© C o p y r i g h t 2018
All Rights Reserved
Call MISS DIG
Utility
1-800-482-7171
engineers
scientists
architects
constructors
www.ftch.com

Mining Operation
REVISIONS
USER: WMB
TIME: 11:36:47 AM

DATE: 4/5/2019
Drawn By ADO
Designer WMB
Reviewer RDM
Manager LMS
LAYOUT: C201

PROJECT NO.
180034
SITE PLAN
C201
© C o p y r i g h t 2018
All Rights Reserved
Call MISS DIG
Utility
1-800-482-7171
engineers
scientists
architects
constructors
www.ftch.com

Mining Operation
REVISIONS
USER: WMB
TIME: 11:37:28 AM

DATE: 4/5/2019
Drawn By ADO
Designer WMB
Reviewer RDM
Manager LMS
LAYOUT: C301

PROJECT NO.
180034
SITE ACCESS & PERIMETER BERM GRADING

C301
© C o p y r i g h t 2018
All Rights Reserved
Call MISS DIG
Utility
1-800-482-7171
engineers
scientists
architects
constructors
NOTES www.ftch.com
SPOT ELEVATION LEGEND

Mining Operation
REVISIONS
USER: WMB
TIME: 11:37:59 AM

DATE: 4/5/2019
Drawn By ADO
Designer WMB
Reviewer
Manager LMS
LAYOUT: C302

PROJECT NO.
180034
MINING OPERATION GRADING

C302
© C o p y r i g h t 2018
All Rights Reserved
Call MISS DIG
Utility
1-800-482-7171
engineers
scientists
architects
constructors
NOTES www.ftch.com
WEST SECTION PLAN VIEW
SPOT ELEVATION LEGEND

Mining Operation
LAKE SECTION PLAN VIEW
REVISIONS
USER: WMB
TIME: 10:42:26 AM

DATE: 4/23/2019
Drawn By ADO
Designer WMB
Reviewer
Manager LMS
LAYOUT: C305

PROJECT NO.
180034
WEST SECTION PROFILE VIEW LAKE SECTION PROFILE VIEW C305

© C o p y r i g h t 2018
All Rights Reserved
Call MISS DIG
Utility
1-800-482-7171
engineers
scientists
architects
constructors
www.ftch.com

Mining Operation
REVISIONS
USER: WMB
TIME: 11:38:42 AM

DATE: 4/5/2019
Drawn By ADO
Designer WMB
Reviewer RDM
Manager LMS
LAYOUT: C303

PROJECT NO.
180034
RESTORATION GRADING
C303
© C o p y r i g h t 2018
All Rights Reserved
Appendix 1
Appendix 2
Appendix 3
OFFICE USE ONLY
Barry County Planning Office Permit Fee $_______________________________

220 W State St
Hastings MI 49058 Receipt Number ___________________________
(269) 945-1290 (269) 948-4820 Fax
Date Issued _______________________________
Soil Erosion & Sedimentation Control
Permit Application for Part 91, of Act 451 Expiration Date ____________________________
of 1994, as amended
Mail Back ______________ and FAX to ____________________
A SITE PLAN IS REQUIRED WITH THE APPLICATION
I) Applicant (Please check if applicant is landowner or designated agent)

Name Landowner Designated Agent
Address
City State Zip Code (Area Code) Telephone Number
II) Location
Section Town North Range West Township City/Village
Subdivision/Site Condominium Lot Number(s) or Unit Number(s)
Street Address Property Tax ID Number
PROJECT TYPE: Residential Multi-family Commercial Accessory Building Industrial □ Seawall

□ Landscaping Plats or Subdivisions Grading or Mining) □ County Drain Maintenance Other _______________
III) Proposed Earth Change

Described Project Soil Type Size of Earth Change
(acres or square feet)
Name of Water Course: Lake, River, Stream, Wetlands, or County Drain(s)
Distance to Water Course Project Start Date/Completion Date Is the parcel hilly or flat
IV) Soil Erosion & Sedimentation Control Plan (Refer to Rule 323.1703)
Estimated Cost of Erosion and Sediment Control
Note: ______
complete sets Plan Preparer’s Name and Area Code/Telephone Number
of plans must
be attached
V) Parties Responsible for Earth Change
Name of Landowner (if not provided in Box Number 1 above) Address
City State Zip Code (Area Code) Telephone Number
Name of Individual “On Site” Responsible for Earth Change Company Name
Address City State Zip Code (Area Code) Telephone Number
VI) Performance Deposit (If required by the permitting agency)

Amount Required $ __________________ Cash Certified Check Irrevocable Letter of Credit Surety Bond
Name of Surety Company
Address City State Zip Code (Area Code) Telephone Number
I (we) affirm that the above information is accurate and that I (we) will conduce the above described earth change in
accordance with Part 91, Soil Erosion & Sedimentation Control, of the Natural Resource & Environmental Protection Act,
1994 PA 451, as amended, applicable local ordinance, and the documents accompanying this application.
DESIGNATED AGENT MUST HAVE A WRITTEN STATEMENT FROM THE LANDOWNER

GIVING AUTHORIZATION TO SECURE A PERMIT IN THE LANDOWNER’S NAME,
OR THE LANDOWNER MUST SIGN THE APPLICATION
____________________________________________ _________________________________
Landowners Signature Date
____________________________________________ _________________________________
Applicant/Designated Agent Signature Date
OFFICE USE ONLY
Permitted Activity: _____________________________________________________________________________
_____________________________________________________________________________________________
Specific Conditions:____________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________
Accepted Unaccepted Authorized Signature CEA Date
FORM LETTER OF AUTHORIZATION FROM PROPERTY OWNER
Date ____________________________
Property Owner’s Name: __________________________________
Mailing Address: ________________________________________
To the Barry County Planning Office:
I give my permission to have:
__________________________________________________________________________
(Please print name and company)
to obtain the Soil Erosion Permit for my property.
Sincerely,
_______________________________________________
(Signature of Property Owner)
This form can be either faxed to our office at (269) 948-4820 or
emailed to: jmcmanus@barrycounty.org

Date: ____________________ Site Plan Drawing Area
Approved □ Not Approved □ Must be submitted with Soil Erosion Application
Project Address: Owner Name: Site plan must include the following:
Parcel Number: Owner Mailing Address: Lot dimensions and area Bodies of water w/setback
Zoning District: North Arrow Well\Septic\Sewer system
Township: Owner Phone: Roads, ROW & Easements Lot coverage
All buildings with sizes Driveway & parking areas
Lot Size: Project Type: Building setbacks
Scale: Date Drawn: Utilities (gas, elect, etc.)
Appendix 4
Appendix 5
Appendix 6
Appendix 7

Mining Operations and Reclamation Plan From R. Smith and Sons Inc.

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Mining Operations and Reclamation Plan From R. Smith and Sons Inc.

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Mining Opera ons Plan and

Mining Reclama on Plan

R. Smith and Sons Inc.

August 17, 2020

3.0 Mining Operation Plan..................................................................................................................................6

4.0 Mining Reclamation Plan............................................................................................................................10

2.0 Standards for Specific Special Exemption Uses – Mining Operation

3.0 Mining Operation Plan

3.1 Description of Proposed Land Uses at the Conclusion of Extraction

3.2 Property Layout and Vegetation

3.3 Natural Resource Value

3.4 No Very Serious Consequences (Provided by Counsel)

3.5 Surface Overburden, Topsoil Stripping, and Stockpiling

4.0 Mining Reclamation Plan

4.1 Proposed Land Uses at the Conclusion of Mining

4.2 Site Plan

4.3 Progressive Reclamation

4.7 Completion of Mining

R. Smith & Sons, Inc.

4/5/2019 REGULATORY REVIEW

Hard copy is intended to be

R. Smith & Sons, Inc.

4/5/2019 REGULATORY REVIEW

Hard copy is intended to be

R. Smith & Sons, Inc.

4/5/2019 REGULATORY REVIEW

Hard copy is intended to be

SITE ACCESS & PERIMETER BERM GRADING

SPOT ELEVATION LEGEND

R. Smith & Sons, Inc.

4/5/2019 REGULATORY REVIEW

Hard copy is intended to be

MINING OPERATION GRADING

WEST SECTION PLAN VIEW

SPOT ELEVATION LEGEND

R. Smith & Sons, Inc.

4/5/2019 REGULATORY REVIEW

Hard copy is intended to be

WEST SECTION PROFILE VIEW LAKE SECTION PROFILE VIEW C305

R. Smith & Sons, Inc.

4/5/2019 REGULATORY REVIEW

Hard copy is intended to be

Barry County Planning Office Permit Fee $_______________________________

I) Applicant (Please check if applicant is landowner or designated agent)

City State Zip Code (Area Code) Telephone Number

Subdivision/Site Condominium Lot Number(s) or Unit Number(s)

Street Address Property Tax ID Number

PROJECT TYPE: Residential Multi-family Commercial Accessory Building Industrial □ Seawall

III) Proposed Earth Change

Name of Water Course: Lake, River, Stream, Wetlands, or County Drain(s)

City State Zip Code (Area Code) Telephone Number

Address City State Zip Code (Area Code) Telephone Number

VI) Performance Deposit (If required by the permitting agency)

Name of Surety Company

Address City State Zip Code (Area Code) Telephone Number

DESIGNATED AGENT MUST HAVE A WRITTEN STATEMENT FROM THE LANDOWNER

OFFICE USE ONLY

Permitted Activity: _____________________________________________________________________________

Property Owner’s Name: __________________________________

Mailing Address: ________________________________________

To the Barry County Planning Office:

I give my permission to have:

to obtain the Soil Erosion Permit for my property.

This form can be either faxed to our office at (269) 948-4820 or

emailed to: jmcmanus@barrycounty.org

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