Jaakko Rytilä has sent a request for rectification to the technical committee regarding; Municipal initiative / Charging point and cooling station at the grillinmäki rest area in Kihniö.

Requirement: The matter must be returned for re-preparation as part of the zoning process.

Reasoning:

The Technical Board is the competent authority in planning matters in the first instance. Therefore, its decisions are not preparatory, but legally binding decisions in planning matters. It follows that both a claim for rectification and a municipal appeal are possible in the matter, contrary to what the appeal instructions claim. A master planning project is pending for the Myyränkankaan wind farm, which is in the EIA study phase. The Kihniö municipality decides on the Myyrankangaan partial master plan, in the first instance the Technical Board, because the municipality has a planning monopoly.

This is a zoning initiative.

The partial master plan for the Myyränkankaa wind farm is currently underway. That plan must take a position not only on the wind farm, but also on the electricity transmission routes it requires. The area of ​​the partial master plan includes the area presented in my municipal initiative. Kihniö lacks a commercial electric car charging station. Main road 23 is a heavily trafficked transverse route through Järvisuomi. The stopping area is a road area surrounded by an unplanned area in private ownership. The municipality of Kihniö is trying to find vitality from tourism. It cannot be assumed that a charging point will be created for the TB cold storage station operated by the Russian company Lukoil through Lukoil. The future of the cold storage station is very uncertain as the current storage tanks are becoming obsolete. The municipality of Kihniö has a planning monopoly. Land use planning is the municipality's most central source of vitality.

The proposed decision is based on the uncertainty caused by high interest rates, the international political situation and the green transition, which is currently temporarily reducing companies' willingness to invest. Therefore, the statement issued by Kehitys-Park is tied to the time and situation and does not provide grounds for leaving the area unzoned, quite the opposite.

It should also be noted, especially with regard to the charging station, that a transmission cable connecting the networks of both electricity grid companies operating in Kihniö has just been completed in the area, so establishing a charging station is advantageous. Attached is the statement from Kehitys-Park on the matter.

BACKGROUND

Maanrakennus K Viitaharju Oy has a joint permit granted by the Technical Board of Kihniö Municipality on 17.10.2018 October 200, Section 50, for the extraction and crushing of rock aggregates for a total extraction volume of 000 m3 on the property Männikkö RN:o 250-407-1-79. The rock quarry has been found to be operating in violation of the joint permit provisions for several years.

Inspection 30.9.2020

The operation had begun even though the permit holder had not requested a start-up inspection (permit provision 3). There were no markings in the area regarding the extraction area or extraction depth required by the permit, and the extraction area had not been protected as required by the permit (permit provision 1). In order to bring the operation into compliance with the joint permit, the operator was given the following instructions before continuing operations in the area:

• The permit holder must bring to the area by 31 October 2020 the markings of the permitted extraction area or the marking of the property boundary and the height marking on a rock or other permanent object, from which the extent of the extraction area and the height of the extraction can be monitored inside the quarry.
• protect the area with at least flag lines immediately and no later than October 16, 2020

• submit a security deposit of €20 in accordance with the soil permit to the municipality of Kihniö immediately and no later than October 000, 16.10.2020
• submit the report on the agreement for the use of the private road required for the permit by October 31, 2020

In addition to the above measures, it was announced that if the measures required by the permit are not carried out by the deadline, the environmental protection authority may take action to rectify the activity in violation of the permit or suspend the activity in accordance with the permit.

Response 21.1.2021
The permit holder submitted its response to the comments on 21 January 2021. According to the response, the edges were protected with a safety rope, the boundaries and heights were marked on a map and they would be marked with stakes in the terrain after the snow melted. In addition, the height marking would be driven into the rock when the water was pumped.

Inspection 18.8.2021
The steep walls of the extraction area were protected with tape. However, no excavation area markings or elevation markings were observed in the area. According to the submitted map drawing, the water level in the area is +158,46, while the lowest permitted extraction depth is +160,00, so the extraction has proceeded too deep.
According to the map, rock has also been quarried too close to the neighbor's border in the northeastern part of the area. The safety distance should be 10 meters, but the extraction has progressed a couple of meters from the border.

In order to bring the operation into compliance with the environmental permit, the operator was given the following instructions:

• fill the extraction area that has advanced too close to the neighbor's boundary so that a 10-meter protection zone as required by the permit remains between the quarry and the boundary; in future, excavation must take into account the protection zone required by the permit on the boundaries of neighboring properties
• fill the extraction area that has progressed too deep with quarries in the area and ensure that the depth of the extraction area is at its lowest +160,00; a height mark must also be made on the rock to monitor the depth of the extraction area
• submit the security required for the permit to the municipality of Kihniö without delay and no later than August 31, 2021
• take care of the road contract in accordance with the permit

In addition to the above measures, it was announced that if the extraction, which has progressed too widely and deeply, is not corrected in accordance with the instructions by 31 December 2021, the environmental protection authority may take action to correct the operation in violation of the permit or suspend the operation in accordance with the permit. Repeated violations will also be reported to the police. During the 2021 operating period, 6000 k-m3 of rock material was extracted from the area.

Inspection 7.9.2022
The plastic strip placed to protect the steep walls of the extraction area was carelessly on the ground. Otherwise, the situation was similar to the previous year and the requested measures had not been carried out. The operator was given similar instructions as in previous years and their deadline was 31 December 2022. No extraction was carried out in the area in 2022.

Inspection 15.11.2023
Based on the inspection, the situation at the rock quarry is similar to 2022. When the permit provisions that are a prerequisite for granting a permit are not complied with, the operation is not in accordance with the joint permit. The inspection memorandum stated that the matter would be referred to the technical committee. The operator was advised to:

• fills the extraction that has progressed too close to the neighbor's boundary so that a 10-meter protection zone remains between the quarry and the boundary in accordance with permit provision 19
• to construct a clarification basin through which the waters of the quarry area must be led in accordance with permit provision 6
• to fill the too deep extraction with quarries in the area to a level of +160,00 and to slope the bottom of the extraction area so that surface water does not accumulate there
• to mark the area's interest rate level and the lowest withdrawal level in a place where they will remain permanently throughout the withdrawal operation
• in accordance with permit regulation 7
• to mark the boundaries of the quarry area with stakes in the terrain
• to install a protective mesh fence around the quarry area in accordance with permit provision 1
• to immediately submit the road contract to the municipality of Kihniö (permit order 30)

During the 2023 operating period, 10,000 k-m3 of rock material was taken from the area.

Consultation letter 3.1.2024
The environmental inspector sent the operator a letter of consultation regarding the non-compliance with the permit provisions of the joint permit. The letter of consultation stated that the latest inspection on 15 November 2023 found that the recommendations issued on the basis of the inspection visit carried out on 7 September 2022 had not been complied with by the deadline of 31 December 2022. If the recommended measures to bring the operation into compliance with the joint permit are not complied with, the matter will be referred to the technical committee to initiate administrative enforcement measures. A threat of a fine may be imposed as a reinforcement of the regulations.

Before issuing a possible order to bring the operation into compliance with the joint permit, the environmental protection authority reserves the opportunity for you to submit a response to the matter. The response must be submitted by 31 January 2024, under the threat that the environmental protection authority may then decide on the obligations without a response. The environmental protection authority may further take coercive measures (e.g. a threatened fine) to bring the operation into compliance with the joint permit if the order is not complied with.

Response 31.1.2024
According to the operator, the steep edges of the area are protected with safety ropes and earth embankments. The safety ropes have had to be installed several times because people apparently break them in the area.
The last time the strips were installed was in the summer of 2023. In the spring, after the snow melts, the plan is to build a mesh fence in the area, which will hopefully stay up better.

The rock elevation markings (the intake level) had been marked on the rock wall by painting, but they were lost during the excavation in September-October 2023. The intake level will be marked on the rock again in the spring, and in addition, efforts are being made to install a pile at the edge of the quarry to mark the intake level.

The elevation of the area has been marked on the stone walls and a map drawing of it has been submitted to the city. The boundaries have been marked with walls, but piles will be installed on them in the spring so that they are more clearly visible.

When mining the area in the fall of 2023, quarry rock was left in storage at the bottom of the pit to fill in any overly deep areas so that the bottom of the pit would be within the permitted extraction depth. During the crushing, quarry rock was used to raise the bottom of the pit, but it was not possible to measure it when winter came.

In addition, quarry stone is used to fill the edge of the neighbor's boundary if the extraction has gone too close to the boundary.

Water has not previously had to be pumped from the quarry area, but if it does have to, a clarification basin will be built on the edge of the area, from which the water will be drained in a controlled manner.

The road contract will be submitted to the municipality of Kihniö as soon as possible.
The necessary work will be carried out in April-May 2024, as soon as the snow melts.

JOINT LICENSE COMPLIANCE AND SUPERVISION HISTORY
Maanrakennus K Viitaharju Oy has repeatedly acted in violation of the joint permit provisions and several reminders have had to be issued over the past four years. The reminders issued have also not been sufficiently complied with by the deadlines.
The monitoring is described in this decision, and it shows the number of requests issued in the matter and the response to them. For example, the agreement required for the permit for the use of a private road had to be submitted by 31 October 2020.

Along with the agenda:

• Joint permit decision, technical committee 17.10.2018 § 50
• audit memo 15.11.2023
• Hearing regarding the failure to comply with the permit provisions of the joint permit on January 3, 2024
• operator's consideration on 31 January 2024
• orthophoto of the area

Prepared by: Environmental Inspector Elsi Hietaranta, tel. 044 7865 650

A fee of €450,00 will be charged for handling the matter, in accordance with the soil rate approved by the technical committee.

Construction site and its location:

The construction site is a 2550 m2 property with the property code 250-407-9-63. In addition, the existing sauna building on the construction site is located partly on the adjacent property 250-407-9-74. The old shed that is part of the complex is located on the other side of the construction site on the property 250-407-9-65. The construction site borders Lake Nerkoo for about 95 meters. The name of the property is Kesäkallio. The neighboring properties are Mustikkaranta and Keltakoto.

Station diagram as accompanying material.

Proposed action and justification:

A deviation is being sought for exceeding the building rights according to the waterfront plan.

The applicant wants to demolish an old recreational building of 50 m2 on the plot and build a new recreational building of 165 m2 and, at a later stage, a utility building of 60 m2. The applicant has expressed his desire to initiate the change of the waterfront zoning plan at the construction site to a permanent residential building site (AO). In this context, the properties Mustikkaranta 250-407-9-74, Kesäkallio 250-407-9-63 and Keltakoto 250-407-9-65 will be combined into one property. In this case, the total area of ​​the properties would be 5180 m2.

Construction status:

A previously built leisure building of 50 m2 is located on the construction site.

In addition, there is a sauna of 25 m2 on the building site. In addition, the property has a small shed, which is not registered in the building register.

Prohibitions, restrictions and schematic situation:

The area has a valid Soisenlahti coastal plan. The plot is located in the RA2 block, i.e. the block area for holiday homes. In the valid coastal plan, the current construction area for a leisure building is designated approximately 15 meters from the shore. Other buildings, such as a sauna, must be located at least 10 meters from the shoreline.

Consulting neighbors:

The applicant has consulted with the neighbors. The neighboring properties consulted are 250-407-9-121, 250-407-9-60, 250-407-9-66 and 250-407-9-87.

The neighbors have no objections to the matter. (MRL § 133)

Justifications for the requirement for deviation:

According to Section 171 of the MRL, the municipality has the power to make exceptions.

A leisure building was built on the site in 1974 and a sauna building in 1997. The applicant would demolish the old leisure building and build a new leisure building of 165 m2 on the same site with a deviation permit. The applicant intends to initiate a change in the waterfront zoning plan at the site so that the current leisure building plot (RA2) is changed to a permanent residential building plot (AO), where the site is also allocated for additional construction, e.g. a garage/outbuilding of approximately 60 m2. The initiated change in the waterfront zoning plan aims to provide a total of approximately 250 m2 of building rights for the future AO plot. The new leisure building will be changed to a permanent residential building after the change in the zoning plan. The applicant intends to move permanently to live on the site.

The area has a valid Soisenlahti waterfront plan and a modification and extension of the Soisenlahti waterfront plan. The current total building right of the RA plot in question is 100 m2, which includes a leisure building, a sauna building and the necessary outbuildings. The size of a separate sauna building may not exceed 20 m2.

The basis for the deviation permit is the applicant's goal of permanent residence at the construction site, in which case the dimensioning and functions intended for leisure residence are not sufficient to meet the functional and dimensioning requirements of permanent residence. The justification for applying for the deviation permit is also the applicant's goal of launching the project already this spring 2024.

The zoning change process will be initiated before the building permit is processed after the deviation permit has been granted. The new leisure building would be located approximately 20 meters from the shoreline, partly on the site of the old leisure building. In terms of terrain, the new leisure building would be located behind the shoreline between the waterline and the leisure building, so that the building adapts to the coastal landscape. The exterior color of the building is dark.

The deviation does not lead to significant construction or otherwise cause significant adverse environmental or other impacts.

Prepared by: building inspector Raisa Karinsalo-Manninen

The committee must prepare a report on its activities for each calendar year. The report of the Technical Committee's activities for 2023 is attached.

Appendix 1 Technical Committee Activity Report 2023

The technical director presents current and ongoing issues.