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Planning commission approves Kelly Highway surface‑mine with berm, wheel‑wash and lime‑haul hours after neighbor complaints

December 04, 2025 | Eaton County, Michigan


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Planning commission approves Kelly Highway surface‑mine with berm, wheel‑wash and lime‑haul hours after neighbor complaints
The Eaton County Planning Commission voted unanimously to approve a final conditional‑use permit for a surface mine on property at 8645 Kelly Highway, adding mitigation measures after neighbors described months of dust, silt and drainage problems.

Staff said the consolidated site covers about 185.7 acres and that the applicant proposes roughly 29.5 acres of active storage and mining; the operation was described in the staff report as producing both lime and gypsum with seasonal truck volumes that staff estimated at about 1,400 trucks per year. Commissioners heard multiple neighbors testify that recent work had created dust and tracked mud onto nearby roads and yards.

“It's a total disaster out here,” said resident Robert Myers, who said excavation had been pushed right up to his fence, that silt has flowed into his yard and that he has photographic evidence of mud on the road and water running into his property. Another neighbor, Nick Myers, said the new pit driveway diverts runoff onto his pasture and that summer dust from the driveway can make visibility across his 60‑acre field difficult.

Applicant Rob Cook disputed some of the claims and said the operation has long‑standing features and that he is working with the Eaton County Road Commission on a legal approach. “We can do more if necessary,” Cook said when asked about dust and runoff, adding that the operation runs a water wagon and could install misters to control dust.

Planning staff recommended conditions the commission could impose to reduce off‑site impacts. In the motion that carried, commissioners included three specific mitigation measures: a uniform berm on the west side of the identified neighboring residence, wheel‑wash (wheel washer) facilities at entrances used for hauling so trucks are cleaned before leaving the site, and the inclusion of Saturday and Sunday hours for lime transport as specified by the township. Staff also said it would follow up with the Eaton County Drain Commissioner’s Office about the drainage and silt fencing concerns raised by neighbors.

The commission recorded a roll‑call vote with all commissioners voting yes; staff said final conditional‑use documents would be emailed to the applicants for signature and return.

The commission’s approval includes conditions addressing dust control and haul hours; the planning staff will monitor compliance and coordinate with the road and drain commissions as permit and approach work proceeds.

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