Allamakee County Planning and Zoning Commission approves Extraction Pit Zoning Ordinance amendment

by Lissa Blake

After 16 months of research, the Allamakee County Planning and Zoning Commission has recommended a zoning amendment regarding extraction pits - some of which involve the frac sand mining process.
Following a public hearing Monday, April 21 which drew more than 30 area residents, the Commission unanimously approved an amendment to the Allamakee County Zoning Ordinance which was scheduled to be reviewed by the Allamakee County Board of Supervisors Tuesday, April 29. The amendment addresses applications for conditional use permits for new extraction pits for frac sand, and the new use requests for the washing, refining, processing, storing or stockpiling of frac sand.
Commission members Nancy Everman, Kirby Cahoon, Colleen Gragg, James Pladsen, Duane Leppert and Allamakee County Zoning Administrator Tom Blake discussed the amendment to the County’s zoning ordinance at length, soliciting input from the audience. Also present were Allamakee County Supervisors Sherry Strub, Dennis Koenig and Larry Schellhammer, County Attorney Jill Kistler and County Engineer Brian Ridenour, with attorney Karl Knudson of Decorah also in attendance representing the Allamakee County Protectors (ACP) organization.
During the public hearing members of the Commission and the public offered modifications to the proposed ordinance. Robert Nehman of New Albin expressed concerns the ordinance addressed the mining of St. Peter and Jordan sandstone, but made no mention of the Wonewoc sand layer, which was recently cited in an Iowa Public Policy report as being a type of sand which can be used as frac sand.
Knudson agreed. “I think it’s nice to be specific… It makes it easier to enforce the statute,” said Knudson. Kistler concurred that being specific in the language, yet leaving room for future additions, would be wise.

NO CONTAMINANTS
Ric Zarwell, representing the ACP, shared his concerns about the fact the ordinance in no way addresses sand that might be mined in the county, taken out of the county to process and returned to the mining site. “Twenty to 30 percent of sand processed elsewhere comes back,” said Zarwell.
“We don’t want any contaminated sand back,” said Gragg.
After some discussion, Knudson said he felt the ordinance could state something prohibiting “the return of contaminated materials from a wash site,” to which the Commission agreed.
Later in the discussion, Nehman mentioned another concern about chemicals related to the spraying of the sand to suppress the dust. “Though these chemicals may be proprietary, this is a concern, using a dust oppressant when we do not know what that chemical is,” said Nehman.

SETTING STANDARDS
Rural resident David Anderson said he is concerned about the ordinance’s lack of specifics in terms of air-quality standards. “If you don’t have standards, what is the point of monitoring?” asked Anderson. Gragg responded that the Commission thinks that issue will be addressed under permitting.
Everman said the Commission has reviewed the mining ordinances of many other communities and found most of them include air quality monitoring as part of the permitting process. “To put that in this document would make it very cumbersome and very difficult to use. That’s not our area of expertise,” said Everman.
Resident Jack Knight added that with the speed of scientific advances, in a year or two there will be better data and the County may be able to justify lower limits for pollutants than they could come up with today.

RECLAMATION
Zarwell noted while he thinks the County has done “a fantastic job overall,” he is concerned about the fact the term “reclamation” has not been clearly defined. “If we don’t define reclamation, how are you ever going to know if a site is reclaimed?” asked Zarwell.
Zarwell added he would prefer the County use the term “restoration,” which would indicate the land should be restored to farmland with the same crop land that’s been there throughout history. A related concern which surfaced during the discussion was the repair of bore holes made by companies when testing for sand. “Bore holes could turn this county into Swiss cheese,” said Zarwell. “The DNR folks in Des Moines don’t have a clue. It behooves this body (the Commission) to take care of that in some fashion.”
Everman next responded that well drilling and bore holes fall under the bailiwick of Allamakee County Public Health. “Will the Board of Supervisors help us to get Public Health to address this?” asked Zarwell.
“That’s their job,” responded Koenig.
Resident Mary Abbas added, “My major concern is always that everyone has the right to clean air, clean water and clean soil. I feel you’ve worked hard to make that happen… I still worry about the fact that sand is a filter for our water and if we take that out in any spot, that’s going to affect our aquifer.”
Knight added there are some Minnesota guidelines that could provide the County with a good template for addressing these concerns.

A SOLID PROCESS
Following the discussion, Gragg encouraged the Commission to move forward with the specific changes discussed and to recommend the ordinance to the Board of Supervisors. Blake agreed to make the proposed changes and run them past the Commission one more time prior to presenting it to the Board of Supervisors.
In closing, Everman commented on the Commission’s journey up to this point: “This has been a solid process. Is it done? No. Is it a good start? Absolutely,” said Everman.
John Smola, former Commission member, reminded the County of its great responsibility, by quoting “Music Man” playwright Meredith Wilson of Mason City.
“Wilson said ‘Iowans can spend a month at a time standing nose to nose but never seeing eye to eye.’ I would hope that those people responsible in the county for that next step do not let us down, but keep that nose to nose so that we can see eye to eye in Allamakee County,” said Smola. “As Allamakee County goes, that will be the way Iowa goes.”
For more information, or to view a copy of the extraction pit amendment, visit www.co.allamakee.ia.us/planningdevelopment.htm.