Supervisors sign resolution directing Planning and Zoning Commission to consider moratorium on frac sand mining

by Bob Beach

During its regular meeting Monday, November 5, the Allamakee County Board of Supervisors continued its consideration of the imposition of a moratorium on frac sand mining in the county. Allamakee County Zoning Administrator Tom Blake told the Board that County Attorney Jill Kistler had reviewed the resolution submitted on behalf of the citizens group “Allamakee County Protectors” by Decorah attorney Karl Knudson.
Blake said that Kistler had made several modifications, basically eliminating reference to any specific finding by the Board of Supervisors that the County’s Comprehensive Plan and Zoning Ordinance are currently inadequate to address issues related to frac sand mining or that frac sand mining poses any risk to the health and safety of Allamakee County residents. The resolution, as modified by Kistler, acknowledges that there may be risk associated with frac sand mining and that the County’s current regulations may be inadequate to address the potential impacts of such mining, leaving it to the Planning and Zoning Commission to make those findings.
Additionally, the resolution submitted by Knudson specifically suggested a one-year moratorium on frac sand mining, while the modified resolution leaves the length of any proposed moratorium to the Planning and Zoning Commission to determine.
Allamakee County Engineer Brian Ridenour said that such a moratorium should not include all extraction pit operations and that existing quarries should be taken into consideration. He also said that processing facilities should be included in the Planning and Zoning Commission’s study of the issue. Blake agreed that uses related to frac sand mining should be included in the Planning and Zoning Commission’s discussions.
David Anderson of Waukon said that the County’s Comprehensive Plan should be updated to include a distinction between mining of the Jordan and St. Peter sandstone used in frac mining and the alluvial sand used for construction purposes. Former Planning and Zoning Commission Chairman John Smola suggested that “industrial sand” and “construction sand” should be clearly defined in the County’s Comprehensive Plan and Zoning Ordinance. Board of Supervisors Chairman Larry Schellhammer said that such suggestions would be best addressed to the Planning and Zoning Commission, as the resolution currently before the Board of Supervisors formally directs the Commission to study the issue and make a recommendation to the Board of Supervisors.
Blake said that if the Board were to adopt the resolution as presented, the Board could expect a reply from the Planning and Zoning Commission within two months. During that time, Blake said that the Commission would review Allamakee County’s Comprehensive Plan, as well as those of other counties and make a determination regarding the adequacy of Allamakee County’s Comprehensive Plan and Zoning Ordinance to properly regulate frac sand mining operations. Blake said that the Commission would then determine if a moratorium would be appropriate, and if so, draft an ordinance to that effect and schedule public hearings before making a formal recommendation to the Board of Supervisors, which would then hold its own public hearings before adopting the ordinance. Blake said that it would be “highly unlikely and nearly impossible” for any new conditional use permit applications for frac sand mining operations to reach the Board of Adjustment for consideration within that same time frame.
The Board voted unanimously to adopt and sign the resolution to direct the Planning and Zoning Commission to review issues related to frac sand mining operations and to afterwards issue a recommendation to the Board of Supervisors regarding the imposition of a moratorium and the proposed length of such a moratorium.

In other business, the Board considered two related County vehicle issues. The vehicle shared by Head Custodian Mike Gallagher and Zoning Administrator Tom Blake was recently totaled in a collision with a deer; and the Sheriff’s Department recently accepted sealed bids for a 2007 Dodge Nitro no longer in use by the Department. Blake said that the County’s insurance company had offered a $4,470 settlement for the totaled pick-up and that he had been in contact with local car dealers to find an appropriate replacement. He added that the Dodge Nitro would be adequate but that a pick-up truck would be more appropriate. He also said that the Board had the option of not replacing the vehicle at all, as he could use his own vehicle for County business and request reimbursement for mileage.
After some discussion, the Board voted to accept the settlement from the insurance company and the high bid for the Dodge Nitro of $4,102 from Shane Thorsten of Waukon. The Board then directed Blake to consider the combined proceeds of the insurance settlement and the sale of the Dodge Nitro as available for the purchase of an appropriate replacement vehicle.
The Board also approved an amended contract with Northeast Iowa Behavioral Health for peer support services and signed a proclamation declaring the week of November 11-17 to be Tobacco Awareness Week in Allamakee County.