Neighbors and planning commission oppose 20-year quarry extension; owner seeks more flexibility on hours

John Oberthaler, owner of Chopper Farms LLC and the DB Quarry, asked the Portage County Board of Adjustment on April 20 to extend the quarry’s special-exception operating period for 20 years, saying the operation has a “20-year history of compliant operations” and that tighter limits (including a proposed restriction on November crushing) would unduly burden scheduling and business efficiency.

Oberthaler and Dan DePore, president of Earth Incorporated and the quarry operator, told the board the operation supplies aggregate for local projects, has an approved reclamation plan on file, and has historically complied with regulatory requirements. Oberthaler asked the board to reject or modify condition 12, which would prohibit operations during November, and to permit occasional Saturday work and scheduling flexibility so the operator can move crushing equipment efficiently.

Neighbors and local officials disputed that record. Pete Hintz, a property owner northeast of the mine, told the board he and many neighbors expected the quarry to be finished by now based on early statements that the operation would last 20–25 years and become a reclaimed lake. Hintz and other neighbors gave detailed accounts alleging repeated condition violations over two decades: trucks loading outside approved hours (including Saturdays), an unsecured gate that allowed access outside permitted times, failure to install a required containment area for servicing vehicles, cutting of trees that were supposed to remain, and crushing outside designated seasonal windows. Several residents described chronic noise that interferes with sleep and hunting and said they had repeatedly contacted planning and zoning over the years.

A member of the Town of Dewey Planning Commission (Andy Mice) noted the planning commission reviewed the petition in five meetings and recommended denial, arguing the petition does not meet many goals and policies of the town comprehensive plan, particularly provisions protecting groundwater and the rural character of nearby residential areas. Planning staff told the board the town board recommended approval but the planning commission recommended denial; staff also explained that the nonmetallic-mining designation appears on the town’s future land-use map and that a reclamation plan is on file.

Neighbors asked the board to consider documented enforcement letters and records that, they said, show repeated noncompliance and urged denial or, at a minimum, a shorter trial extension rather than a 20-year extension. The hearing included multiple specific technical claims about groundwater, blasting effects, and the placement of crushing equipment; some neighbors provided photos and records for the public record.

The board recessed to allow members to review testimony and exhibits; no final decision or vote on the extension is recorded in the transcript provided.

What happens next: the board will deliberate with the full record and the written materials submitted by staff, the town and residents. If the board votes to approve, deny or modify the petition a written decision will be filed and subject to the county’s appeal process.