Updated: 1/22/2009                                

Judge to rule on sand plant permit in April

By Chris Vetter
Chippewa Falls News Bureau
CHIPPEWA FALLS - A lawsuit over a proposed sand processing plant in Chippewa Falls will head to court April 8.
Chippewa County Judge Roderick Cameron is expected to make an oral decision on the case, Chippewa Falls City Attorney Bob Ferg said.
In October the city's Plan Commission issued a conditional use permit to Canadian Sand and Proppant, allowing the firm to build several structures about 90 feet tall. The group opposed to the plant, Concerned Chippewa Citizens, questions the legality of the Plan Commission's vote to allow height variances for tall buildings at the site and filed a lawsuit in November.
Ferg sent a letter to the city outlining the upcoming important dates in the lawsuit. Ferg must submit his written brief to the court by March 16.
Attorney Glenn Stoddard, who represents Concerned Chippewa Citizens, must enter his brief by March 30.
Ferg hopes the matter will be resolved at the April 8 hearing.
"There are a lot of things that can happen," Ferg said. "Certainly, Judge Cameron could look at it and say everything was handled properly."
Or, Cameron could order the Plan Commission to review its conditional use permit and present a more detailed document, Ferg said.
"I feel the Plan Commission has acted according to the law," Ferg said. "The conditional use permit, with all the conditions attached, shows that they've considered everything they need to consider."
Canadian Sand and Proppant purchased 93 acres in the industrial park in the northeast corner of Chippewa Falls, and the land is zoned for heavy industrial use. The company plans to spend $45 million to $50 million.
Sand at the plant would be washed and silt clay removed before it is shipped out by rail.
However, opponents express concern about possible noise, decreased air quality, increased traffic and a drop in property values near the plant.
City resident Dave Martineau spoke to the City Council on Tuesday, urging it to allow non-city residents to address the council. Martineau also had hoped to see a referendum on the plant.
"I suspect that certain people here (on the council) want this issue to go away," Martineau said. "I can't believe the issue was not put before the voters. I want to discuss this issue out in the open."
City resident Russ Blair said he's frustrated that he keeps asking questions but is not getting any answers. Blair said the council should hold a town hall meeting on the matter.
"You haven't had meetings like this where the truth comes out," Blair said.
Canadian Sand and Proppant hopes to mine sand in the region before trucking it to the plant in Chippewa Falls, but an initial mine proposal in the town of Howard also is being contested by residents.
Vetter can be reached at 723-0303 or chris.vetter@ecpc.com.