Anyone who has driven on 91st Street between Highway 97 and Frankoma Road in the last few months will know that a project of some sort is taking place nearby.
Creek County Commissioner for District #2, Leon Warner, was asked about the extensive road damage on 91st at a Board of County Commissioners meeting months ago. He explained that a dirt mining operation was removing soil on a property south of the road, and that at the time it was unclear whether the land was in the jurisdiction of the City or the County.
After it was determined that the property, at 10104 West 91st Street South, is within Sapulpa City limits, but that the damaged portion of the road is in the County, the County temporarily repaired it and contacted the owner to discuss permanent repairs.
At Tuesday evening’s Sapulpa Planning Commission meeting, the owner of the property, Old No. 7 Land Company of Broken Arrow, run by Jackson Jessop and represented by Nicole Watts from Wallace Engineering, submitted two applications—one for a Specific Use Permit to allow mining and one for a preliminary plat for an industrial park.
Urban Development Director Nikki Howard explained that the company would like to develop an industrial park on the site, but that there are “tremendous grading issues” there and that a significant amount of dirt will have to be removed. The application states that “mass grading” is needed and that 100,000 cubic yards of soil will need to be hauled off during construction. Furthermore, 20 additional large trucks are expected to continuously be used during the construction period.
Howard said the grading for the site has been designed by a professional engineer per the IBC and approved. Further, permanent erosion control measures will be addressed and provided by the applicant.
The staff recommended approval of the application, pending three conditions. The first is a letter from the Oklahoma Department of Mines stating that a permit from them is not required. The second is that the operation will only be allowed to continue for one year after City Council’s approval. The third is that the owner continues to work with the City and County regarding the damage incurred on 91st Street.
Four members of the public spoke—two residential neighbors to the west, one property owner to the south and in the industrial park to the east, and a co-owner of Fabsco, the industrial company to the east. Their concerns involved erosion, stormwater runoff, and potential noise and light pollution.
One neighbor asked “who polices [the project] between [the time the preliminary plat is approved and the final plat is approved]?” Building Inspector Mark Stephens answered, “Myself, Code Enforcement, and the Stormwater Department will be very attentive to this project.” SPC Chairman Andrew Probst said, “This is a high-profile project. Everyone is very concerned with correcting the issues. Be assured that everyone involved is very aware.”
The applicant, Nicole Watts, confirmed that the owner and developer are building detention ponds to prevent erosion “first thing, before any more dirt is removed” and said that she will reach out to the state mining department “immediately.”
Regarding the residential neighbors’ complaints, Watts said that she cannot know the condition of their properties without a thorough investigation, but that the design she and her client are proposing will “fix and refill the northwest corner” of the subject property, which abuts theirs.
She also said that Wallace Engineering is proposing keeping a “natural buffer” from the west property line. She said there will be “about 20 feet or so” of space between the residential property lines and the dirt work.
Watts further stated that she has spoken with Fabsco about the erosion issue and detention ponds and that they are also working with them to get an easement across their property for a sewer line. “To be able to do that we’ll provide CAD designs, detention facilities, and underground storage,” said Watts.
A Fabsco representative asked the SPC to please include the stipulations in a letter they sent they sent them in their conditions. These include:
The applicant provides the drainage and hydrology plans for the site to Fabsco for review and comment two weeks before submitting to the City for approval.
That prior to any excavation related to the mining operation the applicant be required to construct the overall development stormwater detention plan that meters the water to the stream in a manner that is consistent with required development criteria, that no greater amount of water is released from the property than existed prior to the development, and the stormwater is released in a manner that the existing erosion caused by the excavation will be halted and the water be placed in proper outfall structures.
The applicant shall restore and repair the stream bank and reestablish vegetation to assist in diminishing erosion.
The applicant shall provide mitigation to the silting that has occurred in the drainage way located east of Industrial Road. Fabsco will be responsible for securing permission for the work to be performed on that drainage way.
Watts said, “We are fine with including [Fabsco’s] letter as part of the conditions.” Commissioner Carla Stinnett, addressing Watts, said, “I appreciate that concession. It shows you’re willing to be good neighbors. We can bless that as part of the agreement so everyone is happy and we can move forward.”
All parties appeared to come to a consensus before the meeting adjourned.
Commissioner Hunter Edwards made a motion to approve both applications with City staff’s conditions and Fabsco’s stipulations. This was unanimously approved.
The applications will be heard in front of the full City Council at their next regular meeting on Monday, June 7, 2021 at 7 p.m. at City Hall.
