NEW ULM — By a 4-1 vote April 17, Brown County commissioners approved the Brown County Planning Commission’s recommendation to deny a conditional use permit to Duininck, Inc., to allow use of a mining operation in Section 13, Leavenworth Township.

Commissioner Tony Berg cast the dissenting vote after more than an hour of discussion that included input from a couple dozen rural Sleepy Eye residents who were unanimously against the application.

“My concern is, we’re playing favorites… The dangers are already there,” Berg said.

The application on property owned by Charles Kotten would have allowed a mining operation to include screening, crushing, washing and stockpiling of gravel and granular materials plus operation of a portable, hot mix asphalt plant on a temporary, periodic basis, all in the A-1 Agricultural Zoning District.

Planning Commission denial reasons were that it was determined that it will create an excessive burden on public roads that serve the area and is not in conformance with the Comprehensive Land Use Plan because it may cause a safety concern. One of the goals of the land use plan is to maintain a safe and efficient transportation system.

In addition, it was determined that it will create a traffic hazard and traffic congestion with all the added trucks to a narrow township gravel road that is hilly and curvy.

The proposed mining operation is adjacent to Ladd Demolition & Aggregates, 19818 280th Ave., Sleepy Eye. The existing mining operation is operated by Mathiowetz Construction Co., which residents said manages that gravel pit very well.

Ed Berkner presented commissioners with a petition against the application which he said was signed by 61 people. Most of the concerns were about how township gravel roads around the pit could not handle more truck traffic and how more traffic would impact existing traffic.

“One of my friends said it’s the worse place a gravel pit could exist in with hills, curves, a bridge and trees,” Berkner said. “It’s a big mess waiting to happen.”

“Once you get a permit and the sun shines, projects will go,” DeLoy Berkner said. “There are too many things that can go wrong.”

Marlene Kolbe, who grew up on a farm near the gravel pit and now lives near St. Louis, called the Cottonwood River valley “very beautiful land with protected flowers including the lady slipper. In addition, she said the area is on a monarch butterfly migration route.

Craig Berkner said he wanted to raise his family in the area and was against the mining permit.

“Harvest time and more trucks don’t look good to me,” Berkner said.

Duininck, Inc., Chief Engineer Jason Ver Steeg said safety is the most important thing his firm does.

“We have weekly Friday safety meetings and daily operations plans in which we discuss safety hazards and controls and what we can do about them,” Ver Steeg said. “We’ll slow down, do dust control and put up signs when we are there. We deal with distracted drivers daily. People often drive using cell phones or do something they shouldn’t. We don’t allow drivers to use mobile devices in our trucks. We’ve installed driver cameras on our trucks.”

“We want a fair chance at this site. You can’t control where gravel is. You mine it where it’s at,” Ver Steeg said. “Our hot mix plants are portable. Our sites are secured with motion detectors.”

Brown County Attorney Chuck Hanson asked Ver Steeg if the permit could be done without a hot mix plant.

Ver Steeg said he thought the hot mix plant could be withdrawn from the application. The application was not changed at the board meeting.

Commissioners unanimously approved:

• A cooperative construction agreement for the Highway 4 and County Road 29 roundabout April 17.

The Minnesota Department of Transportation (MnDOT) and Brown County agreed to construct a roundabout at the Highway 4 and County Road 29 intersection north of Sleepy Eye because of the crash history at the intersection.

An environmental assessment and required environmental documentation has been done by MnDOT. In addition, a construction plan has been prepared. The bid opening date is April 27.

Brown County’s share of the project cost is estimated at $684,283.03, including construction engineering. Federal funds for all of Brown County’s share will be used by MnDOT so no state aid or local funds will be needed. The project is estimated to cost $1.2 to $1.5 million.

Under the agreement, Brown County will maintain the County Road 29 roundabout approaches, landscaping including a 150-foot living snow fence and two rows of bushes northwest of the project, storm sewers with catch basins and tile, plus 16 lighting units.

The agreement identifies the County and MnDOT sharing snow, ice and debris removal of the roundabout roadway circle. MnDOT will provide resurfacing, seal coating and any other maintenance activities needed to perpetuate the roadway part of the roundabout circle in a safe, usable condition.

• Planning Commission recommendations including an application by Matthew Lux on property owned by Schwartz Bros., Inc., in Section 17, Leavenworth Township, to renew and amend an existing conditional use permit. It allows continued use of a corporate office building and allows a 56-by-200-foot office building expansion, all in the A-1 Agricultural Protection Zoning District.

• John Bode’s petition to outlet 25.05 acres into County Ditch 63 as a drainage outlet. The 25.05 acres being requested to petition into CD 63 was not considered in the redetermination of benefits for either CD 8 or CD 63. The logical outlet is CD 63 as it is the natural flow of water.

Petitioners are responsible for all petition process costs. After viewers complete their work; a public hearing date will be established.

Fritz Busch can be emailed at fbusch@nujournal.com.