Board of Adjustment approves BMC Aggregates sandpit special exception despite POET flood concerns

The Butler County Board of Adjustment voted unanimously June 11 to grant BMC Aggregates a special-exception permit to dredge sand from a parcel adjacent to Butler Logistics Park.

Zoning Administrator Misty Kofron told the board the parcel has an average CSR of 56 and lies in the 100-year floodplain; she said the project will require state and federal permits, including review by the Iowa Department of Natural Resources and the U.S. Army Corps of Engineers for wildlife and habitat impacts. Kofron said county staff and the county engineer raised no compatibility or traffic concerns and asked that BMC submit copies of all state and federal licenses and permits before moving forward.

Sherman Lundy with BMC Aggregates described the operation as an annual, portable-dredge project using a clarifier to wash and sift sand. He said most of the sand would be sold to Menards and some used for road projects. Lundy questioned setback requirements — noted in the record as 50 feet to the outer berm and 125 feet from the right-of-way — and said the company considered them somewhat excessive but could work with them at this site.

Representatives of POET raised concerns about flood behavior and the potential effects of a berm on their nearby facility. Kristin Clay of POET presented photos of a recent flood and said a berm that surrounded the entire parcel “is bound to impact” the site, including a corn pile she described as worth millions of dollars; Kofron confirmed the nearby discharge pipe POET cited runs adjacent to, not through, the parcel.

Board members discussed an 8–10-foot berm, which staff said is meant to prevent contamination of the pond and shallow aquifers and was characterized as required by federal (EPA) guidance for such operations. The U.S. Army Corps of Engineers reported no soils classified as wetlands in its auger samples, and the record includes a 1988 NRCS field study and a later consultant re-review at the Corps’ request.

The applicant agreed to reduce the berm to surround only the dredging pond to meet applicable federal requirements. After discussion, Carla Mulder moved to approve the special exception; Paul Leerhoff seconded the motion, which passed unanimously. The board set no additional berm conditions beyond the minimum required by state or federal permits, but Kofron recorded a requirement that BMC provide copies of all state and federal licenses and permits prior to implementation.

The board briefly noted upcoming hearings and adjourned.