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OFFICIAL RECORDS OF MOHAVE CQUHTY AZ.
*JOAN MaCALL; MOHAVE COUNTY RECORDER*
10/20J93 3=20 P.M. PAGE 1 OF 6
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00 He
RESOLUTION NO. 93-289
A RESOLUTION SETTING FORTH A SPECIAL USE PERMIT TO CONSTRUCT A
LANDFILL FACILITY TO DISPOSE OF THE FLUFF GENERATED BY AN ON-SITE
STEEL RECYCLING FACILITY IN AN M-X (HEAVY MANUFACTURING) ZONE,
LOCATED IN A PORTION OF THE M-X ZONE OCCUPYING THE NW~ AND THE S~
OF SECTION 4, A PORTION OF THE SE\ OF SECTION 5, A PORTION OF THE
NE\ AND S~ OF SECTION 8, AND ALL OF SECTION 9, TOWNSHIP 20 NORTH,
RANGE 17 WEST, IN THEMC CONNICO PORTION OF THE MORAVE COUNTY
GENERAL AREA, MORAVE COUNTY, ARIZONA.
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WHEREAS, at the regular meeting of the Mohave County Board
of Supervisors held on October 4, 1993, a public hearing was
conducted to determine whether approval should be granted to
North Star Steel, St. Paul, Minnesota, for a Special Use Permit
for a landfill facility to dispose of the fluff generated by an
on-site steel recycling facility in an M-X (Heavy Manufacturing)
zone, located in the Mohave County General Area, and
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WHEREAS, the subject property is located south of the City
of Kingman and east ,of Interstate 40. The northern portion of
this M-X zone area lies between the Atchison, Topeka and Santa Fe
Railway east and west bound tracks. More specifically, the
location is accessed via Interstate 40 at the' McConnico
Interchange, or via Route 66 from Kingman. The property is
accessed at several controlled access points via at-grade
crossings, and
WHEREAS, the property for which this request pertains is
owned by the Atchison, Topeka and Santa Fe Railroad, Bureau of
Land Management and private holdings. Santa Fe is taking steps
to block in this area, as they are negotiating to acquire the
private holdings and trade for the Bureau's property, as per
B.L.M~ letter dated January 4, 1993 (Exhibit "A"), and
WHEREAS, the Board of Supervisors for Mohave County approved
an area plan for the McConnico area via Resolution No. 92-194.
This plan designated the lands east of, I-40 'as sui table for
industrial uses. Board of ,Supervisors Resolution No. 93-15
rezoned a portion of that area to M-X (Heavy Manufacturing), and
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RESOLUTION NO. 93-289
PAGE 2 OF 6
5K 2298 PG 816 (FEE~93-60027)
Page 2
WHEREAS, the application received on July 1, 1993, requested
a more solid commitment by Mohave County to accommodate a steel
recycling facility in the McConnico Area east of 1-40. In the
June 28, 1993 ,letter, North Star states, "North Star is
requesting the landfill for economic reasons. To be competitive
wi th United States and foreign steel producers, low cost raw
materials are essential. The ability to convert cars to shred
and economically landfill fluff would allow North Star to be
competitive. The ability to landfill fluff on-site is essential
should economical off-site alternatives not materialize, or go
away", and
WHEREAS, this request is for a specific use (see submittal
as received, Exhibit "B"). The Planning and zoning Commission
can recommend approval of anything that comes before it; however,
it must recognize that it cannot give a specific approval without
affording all involved agencies, Federal, State, County and other
regulatory agencies, an opportunity to provide their documents of
approval. Because we have a "preliminary site layout" which
shows a primary landfill site and an alternate site, the plan
must be viewed in its general application without any specificity
and the Commission can recommend general approval of this
preliminary site layout, and
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~:;i) WHEREAS, at the public hearing before the Mohave County
Planning and Zoning Commission on September 8, 1993, the
Commission recommended APPROVAL of the requested Special Use
Permit subject to the following conditions:
1. "The applicaI t comply with all applicable provis'ions of
Sections 24; 25, 26, 27, and 31 of the Mohave County
zoning Regulations. Compliance with Ordinance 87-1
(Dark Sky Ordinance) and any other relevant
ordinance/regulation pertaining thereto is also
required.
2. Compliance with Section 27.P (Site Plan Requirements)
of the Mohave County Zoning Ordinance shall be
required. Any proposed change ( as determined by the
Planning Director, appealable to the Planning
Commission) in this design shall require a rehearing on
the change before the Commission, with a final
determination to be made by the Board of Supervisors.
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PAGE 3 OF
BK 22<<;8 PG
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817 (FEE~93~60027)
Page 3
RESOLUTION NO. 93-289
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3. That the owner/developer/applicant obtain legal access
to the property. That the owner/developer/applicant
shall construct the roadway to meet the design approval
of the Santa Fe Railroad Company and all other agencies
with responsibility to approve such access (i.e. over,
under, or private at-grade crossings). If the
alternative landfill site is chosen, then that crossing
will also meet the design approval of the AT&SF
Railroad Company.
4. That the owner/developer/applicant obtain all of the
permits and meet all rules and/or requirements
necessary for the construction and operation of the
landfill proposed for this site from all Federal, State
and County agencies.
5. That the landfill will be used for no other purpose
than to dispose of fluff generated by the on-site
recycling plant.
6. That the owner/developer/applicant comply with
conditions of,BOS Resolution Nos. 93-15 and 93-65.
7. That documents inferring status of land ownerships
shall be provided prior to the issuing of permits and
approvals.
8. That the applicant shall provide flood control to
protect the property, such flood control sufficient to
prevent the escape, transportation, or movement of any
material from its posi tion upon the property. Such
flood control must comply with guidelines set forth by
the Mohave County Flood Administrator. Under no
circumstances shall any waste, processed or
unprocessed, escape the boundaries of the site during
heavy rains and floods.
9. This specific approval of the site or alternative site
shall be such as to authorize the applicant to
construct and operate a landfill to dispose of the
fluff generated by the on-site steel recycling mill.
:It does not authorize the disposal of any1:hing other
than the fluff . in the landfill and is subject to the
conditions contained herein, and
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P;:,GE .; OF
BK 2298 PG
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818 (FEE~93~60027)
Page 4
RESOLUTION NO. 93-289
WHEREAS, North Star Steel has agreed to locate the landfill
in the SW% of Section 4 and/or Section 9, Township 20 North,
Range 17 West.
WHEREAS, the notice of hearing was published in the Kingman
Daily Miner, a newspaper of general circulation in Kingman,
Mohave County, Arizona, September 19, 1993, and posted September
17, 1993, as required by Arizona Revised Statutes, and the Mohave
County zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors,
at their regular meeting on Monday, October 4, 1993 approved this
Special Use Permit, as recommended by the Mohave County Planning
and Zoning Commission and outlined herein, subject to the
following condition:
1. The landfill be located in the SW% of Section 4 and/or
Section 9, Township 20 North, Range 17 West.
ATTEST:
MOHA~C:~~~~ S~ERVISORS
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USDI, Bureau of Land Maaagement -~,
Kingman Resource Area
2475 BeYerly Avenue
Kingman, Kl. 86401
PAGE
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5 OF
2298 PG
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0_19 (Fr-,..,a
<> ::.t.T93-601J27)
AZA-26518
2912 (025)
January 4, 1993
Mr. Michael Sararolean
West Coas~ ProJect Manager
North Sta~Steel Company
Pos~ Office Box 9300, Dept. 51
Hi~~eapolis, MN 55440-9300
Dear Mr. Sarafolean:
We have received your letter regarding obtaining a special use pernu't from
Mohave County for zoning of lands near McConnico to construct a steel
recycling facility.
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Al though the Bureau is currently the administrator of sorre of these la.."'1as, it
is unciers'tood the excr~!ge with Santa Fe now being processed would be
finalized before r.he facility is constructed. It is further understood that
this letter in no way aur.hor~zes such construction and that all enviror~tal
regulations would be mecprior to per.mitting the proposed use.
In view o:t the fact tr..a~ zoning ln the area has already been established as
heavy industrial, we suppor't your reques~ for site specific zoning for the
steel facility.
Sincerely,
IS/ KEN :1. O::E'N
Ken R. Drew
Area 11anager
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