6.2. & 6.3. SR 05-19-2003Item 6.2=6.3
MEMORANDUM
TO:
Mayor and City Council
FROM:
Stephen Rohlf, Building and Zoning Administrator
DATE:
May 19, 2003
SUBJECT:
Conditional Use Permit Request by Roger Schmidt for Mineral
Excavation - CU 03-02/P.H. and Associated Zone Change Request to
Mineral Excavation Overlay Zoning District ZC 03-01/P.H.
A. Request
Roger Schmidt is requesting a conditional use permit to mine 14.81 acres of a 66.06 acre
site. A zone change to Mineral Excavation Overlay Zoning District is also required. An
asphalt plant associated with the gravel mining was also originally being requested. The
petitioner has since withdrawn this portion of the request.
Although a mandatory Environmental Assessment Worksheet (EAW) was not required,
the petitioner chose to do a discretionary one. The Council made a negative declaration
on the need for an Environmental Impact Statement for this project at their March 17,
2003 meeting.
The subject property is legally described as NW ¼ of NE ¼, the N ½ of NWl/4 of the
NE ¼, and the North 200 feet of the NE 1/4., all in Section 10, T33 North, R26 West,
Sherburne County, Minnesota.
B. Attachments
~' A map showing the general vicinity of the property,
a narrative of the request, dated January 2003, provided by the applicant,
11 inch by 17 inch maps depicting the proposed locations for the mining, existing
and proposed contours and drainage patterns,
a letter from Terry Maurer, City Engineer, dated February 14, 2003 concerning
his review of the request,
)~ a draft conditional use permit (CUP) containing staff's recommended condition
on the request,
)~ an ordinance amendment for the proposed zone change to Mineral Excavation
Overlay Zoning District.
C. Technical Review of Current Proposal
Terry Maurer, City Engineer, and city staff reviewed this request.
summary of the issues and concerns resulting from this review:
The following is a
1. Access
Access is perhaps the most critical issue regarding the request. The main use for
the gravel that would be mined under this request is for use at the Elk River
Bituminous Asphalt batch plant, which is approximately 1/4 mile south of the site.
The applicant negotiated an easement from the property owner that lies between
his site and Elk River Bituminous, eliminating the need to gain access to Highway
169. In the future when additional interchanges on Highway 169 are developed,
the site in question will have access to a frontage or backage road and the need for
using an easement for access will be eliminated.
Apparently, the easement from the subject property to Elk River Bituminous will
cross existing drives in the area perpendicularly, which avoids mixing the truck
traffic from the site with other local traffic. In case this situation is altered in the
future, the conditional use permit contains language that requires any portion of
the private drives that are shared be a minimum of twenty feet wide and paved to
safely allow for two-way traffic and reduce dust. The petitioner must also
document that he has the right to do these improvements on the property that is
not in his control and spelling out whom is responsible for maintenance.
Some of the product mined from the site will potentially be for sale. Staff is
recommending that the Elk River Bituminous site be used for the sale of product
under the stipulation that a permit from MnDOT for this additional commercial
activity be obtained, if required. Staff anticipates MnDOT requiring improvement
(e.g. acceleration lands and protected turn lanes) being required as part of this
permit.
2. Crushing
The petitioner is proposing to conduct gravel crushing operations on this site, but
no wash operation. Washing gravel is not necessary for hot-mix asphalt. He is
uncertain at this time whether he will contract for the crushing or do it himself.
Whoever does it will need to have a Minnesota Pollution Control Agency
(MPCA) Air Emission Permit.
Noise and vibration can also be problems associated with crushing operations.
Anticipating where these issues will be problems can be hard to predict. Open-
ended conditions are being proposed in the attached conditional use permit so that
staff has latitude for dealing with unanticipated problems arising from the
crushing.
3. Dust
The majority of the problem with dust from gravel operations is associated with
truck traffic. Staff is recommending that the petitioner be required to have a
water truck on site at all times when mining activities are taking place. The
attached conditional use permit also prohibits the use of calcium to hold dust
down due to concern about it running off into adjacent wetlands and altering their
pH.
4. Hours of operation
The petitioner is proposing excavation and associated activities only during the
normal hours of operation allowed by the city's ordinance (7 a.m. to 7 p.m.,
Monday through Saturday). This should reduce the potential for things like glare
and noise (back-up alarms at night) from being an unreasonable annoyance to
adjacent properties. However, the language in the attached CUP allows flexibility
for dealing with these issues, if they become problems down the road.
5. Fencing
Staff is recommending fencing to provide a clear visual warning be erected
around all excavation areas and that this fencing is not removed until an area is
properly sloped.
6. Ground Water Protection
The bottom of the proposed excavation on the site is an average of 40 feet above
ground water, lessening concerns regarding contamination. Except for minor
repairs, the petitioner has stated that maintenance of his equipment will be done at
an indoor shop (with a hard surface floor) at the Elk River Bituminous site. In
addition to a Storm Water Pollution Prevention Plan required by the state, staff
recommends a Spill Prevention and Counter Control Plan be required. This latter
plan is an aid to the Fire Department incase they have to respond to an incident at
the site. It identifies such things as the location, amount and type of flammable or
hazardous materials at the site and spells out a protocol for dealing with different
contingencies.
7. Storm Water and Wetlands
None of the seven wetlands on the site are proposed to be altered due to the
request for mineral excavation. Staff recommends a fifty-foot setback is
maintained from wetlands to mining activity and that they are protected with silt
fencing. As previously mentioned, staff recommends that calcium not be used to
control dust on the site so it doesn't run into the wetlands, altering their pH.
In addition, staff recommends all drainage from the excavated areas be directed
through temporary sedimentation ponds prior to discharge off-site or to wetlands.
The petitioner will be required to construct the sedimentation ponds in a way that
does not deny any natural wetlands hydrology, consequently drying them up.
Prior to operations commencing, the petitioner is required to obtain a National
Point Discharge Elimination System Permit, which also deals with the issues
listed above. Staff is to be in receipt of a final wetland delineation and storm
water plan prior to Monday night and will update the Council as to their adequacy
at the meeting.
8. Trees/Oak Wilt
Staff is recommending that the trees south of the existing drive along the south
property line in Phase 3 not be cut and this portion of the site not be excavated.
This is the only location where tree removal affects a wooded area. Additionally,
staff recommends that trees that are cut not be removed between April 15th and
July 15th of any year. Further, it is recommended that the roots of trees that are to
remain not be left exposed. In its permit, the city should also allow flexibility to
require additional measures be taken to combat oak wilt and other diseases, as
warranted.
9. Reclamation
Although the description of the reclamation in the petitioner's application is not
very specific, it is adequate with the stipulations proposed in the attached CUP.
The petitioner is proposing to return the site to pasture after the mining operations
cease. Unlike most gravel pits, this one will not leave a hole. Basically, hills on
the site will be cut down, ending up at the same elevation of the surrounding land.
10. Blanding's Turtles
Sightings of Blanding's Turtles have been documented in the area of the proposed
operation. Blanding's Turtles are classified as a rare species. The petitioner has
stated in his EAW that Department of Natural Resource flyers containing an
illustration of a Blanding's Turtle will be distributed to all site workers. The
petitioner further proposes that turtles sighted that are in danger will be moved to
a safe location and turtles not in danger will be left undisturbed. It is proposed
that all construction areas be surrounded by silt fencing to keep turtles from
entering and no wetlands are proposed to be altered as a result of the mining
operation.
11. Dedication Sheet on Conditional Use Permit
Mr. Schmidt, the petitioner for the request, is in the process of incorporating.
Whatever the corporation name ends up being will be placed on the signature
sheet for the conditional use permit. Also, a Mrs. Lefavor will be the fee owner
of a portion of the area that will be mined. She will also have to sign the
dedication sheet
Recommendation
1. Rezoning to Mineral Excavation Overlay District
Staff is recommending approval of the request for rezoning to Mineral Excavation
Overlay District. There is no need to amend the city's Land Use Map, since the
Mineral Excavation Zoning District is an overlay zone and the under laying
zoning and land use will remain unchanged. In its Comprehensive Plan, the City
of Elk River anticipated allowing gravel mining as an interim use in areas of the
city where it does not conflict with surrounding land uses or other natural
resources.
2. Conditional Use Permit for Mineral Excavation
Staff is recommending approval of the Schmidt request for Mineral Excavation
under the stipulations and findings contained in the attached conditional use
permit and contingent on the petitioner obtaining all required permits and
approvals from other governmental agencies.
LANDFILL
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Case Number:.
Location Map
CU 03-02 SCHMIDT GRAVEL MINING
N
APPLICATION FOR REZONING TO MINERAL EXCAVATION
OVERLAY DISTRICT AND CONDITIONAL USE PERMIT FOR
MINERAL EXCAVATION AND HOT-MIX ASPHALT PLANT
SCHMIDT GRAVEL MINE
ELK RIVER, MINNESOTA
Prepared For:
ROGER SCHMIDT
10107 105TM STREET NORTHWEST
ANNANDALE, MINNESOTA 55302
Prepared By:
LIESCH ASSOCIATES~ INC.
13400 15TM AVENUE NORTH
PLYMOUTH, MN 55441
(763) 489-3100
JANUARY 24, 2003
PROJECT NUMBER: 64480.02
1.0
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
TABLE OF CONTENTS
Page
INTRODUCTION ........................................................................................................................ 1
2.8.1
2.8.2
2.8.3
2.8.4
2.8.5
2.9
2.10
2.11
3.0
3.1
SITE INFORMATION ................................................................................................................. 1
Legal Description .......................................................................................................................... 1
Applicant ....................................................................................................................................... 1
Land Owner .................................................... : ............................................................................. 1
Names and Addresses of Adjacent Land Owners Within 350 Feet of Site ........................ i ......... 2
Purpose o£Proposed Extraction .................................................................................................... 2
Estimated Time to Complete the Proposed Extraction and Rehabilitation .................................. 2
Transportation Routes ................................................................................................................... 2
Site Specifications ........................................................................................................................ 2
Physical Relationship of the Proposed Extraction Site to the Community .......................... 2
Site Analysis Information ..................................................................................................... 3
Estimated Quantity of Materials to be Extracted .................................................................. 3
Depth of Water Table ........................................................................................................... 3
Average Thickness of Overburden ....................................................................................... 3
Plan of operation ......................................................................................................... : ................. 3
Drainage, Erosion Control, Sedimentation, Dust, Security, Access Control, and
Weed Control .............................................................................................................................. 4
Restoration Plan .......................................................................................................................... 5
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
STANDARDS .............................................................................................................................. 5
Boundary ....................................................................................................................................... 5
Prohibited Areas ........................................................................................................................... 5
Fencing ......................................................................................................................................... 6
Site Appearance and Screening .................................................................................................... 6
Rehabilitation ................................................................................................................................ 6
6
Noise .............................................................................................................................................
Hours of Operation ....................................................................................................................... 7
Explosives ..................................................................................................................................... 7
Dust and Odor ............................................................................................................................... 7
Pollution Control ......................................................................................................................... 7
Topsoil Preservation .................................................................................................................... 8
8
Slopes ..........................................................................................................................................
APPLICATION FOR REZONING TO MINERAL
EXCAVATION OVERLAY DISTRICT AND
CONDITIONAIJ USE PERMIT FOR MINERAIJ
EXCAVATION AND HOT-MIX ASPHALT PLANT
SCHMIDT GRAVEL MINE
ELK RIVER, MINNESOTA
Prepared for:
ROGER SCHMIDT
January 2003
Prepared by:
Liesch Companies
Li= CH
Minneapolis, MN · Madison, W1 · Scottsdale,
1.0 INTRODUCTION
Schmidt Gravel Mining (Schmidt) is proposing through the submittal of a conditional use permit
application to the City of Elk River (the City) to mine gravel and operate a portable asphalt plant
on an approximate 66.06 acre site in the northern portion of Elk River (the Site). The location of
the Site is illustrated on Figures 1 and 2 in Attachment A. The proposed gravel mining location
is situated on two private properties owned by Schmidt. Approximately 500,000 cubic yards of
material will be mined from approximately 14.81 acres of the Site for a period of approximately
ten years. The project purpose is to obtain natural aggregate material for use in the construction
industry. Gravel material mined will be used for the production of asphalt, which will be used for
building new roads and improving existing roads in the surrounding area. At the conclusion of
mining the Site will be restored to agricultural use or developed as residential or commercial
property.
2.0
SITE INFORMATION REQUIRED FOR EXTRACTION LICENSE AND
CONDITIONAL USE PERMIT
2.1 LEGAL DESCRIPTION
NW ¼ of NE ¼, the N ½ ofNW ¼ of NE ¼, and the North 200 feet of South Va of NE ¼, all in
Section 10, T 33 North, R 26 West, Sherburne County, Minnesota.
2.2 APPLICANT
Roger P. Schmidt d/b/a Schmidt Gravel Mining
10107 105th Street Northwest
Annandale, Minnesota 55302
Phone: (320) 274-3042
Fax: (320) 274-8759
2.3 LAND OWNER
Barna, Guzy, & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids, Boulevard
Minneapolis, Minnesota 55433-5894
Phone: (763) 780-8500
Fax: (763) 780-7777
LIESCH ASSOCIATES, INC.
January 2003 Hydrogeotogists ' Engineers · Environmental Scientists -Page 1.
2.4
NAMES AND ADDRESSES OF ADJACENT LAND OWNERS WITHIN 350 FEET OF
SITE
The names and addresses of adjacent land owners within a 350-foot radius of the Site are
attached in Appendix B.
2.5 PURPOSE OF PROPOSED EXTRACTION
The purpose of the project is to obtain natural agg-regate material for use in the construction
industry. Gravel material mined will be used for the production of asphalt, which will be used for
building new roads and improving existing roads in the surrounding area.
2.6
ESTIMATED TIME TO COMPLETE THE PROPOSED EXTRACTION AND
REHABILITATION
The proposed duration of the mining operation is ten years. Three phases of mining are planned
at this time. Upon conclusion of the mining operations, the Site will be restored to agricultural
use or developed as residential or commercial property.
2.7 TRANSPORTATION ROUTES
The gravel mined will be processed on Site or hauled to Elk River Bituminous' located
approximately ¼-mile south of the Site. Truck traffic generated by the gravel mine will be
limited to an approximate 1,000 foot stretch between 219th Avenue and 217th Avenue on Trunk
Highway 169. Auxiliary northbound and southbound shoulder lanes will be constructed
according to Minnesota Department of Transportation (MnDOT) specifications. Trucks will
depart the Site on 219th Avenue travelling westbound, turn left and travel southbound on Trunk
Highway 169 in the southbound shoulder lane, and turn left on 217th Avenue, travel eastbound
and enter Elk River Bituminous. Trucks leaving Elk River Bituminous will travel westbound on
217th Avenue, turn right on and travel northbound on Trunk Highway 169 in'the northbound
shoulder lane, and turn right onto 219th Avenue and travel eastbound into the Site.
2.8 SITE SPECIFICATIONS
2.8.1 Physical Relationship of the Proposed Extraction Site to the
Community
The Site is located in the northern portion of Elk River, east of Trunk Highway 169. According
to the 2002 Elk River Zoning Map, the Site is currently zoned for agicultural conservation.
Adjacent properties to the east and west are also zoned for agricultural conservation. Properties
adjacent to the north and south are zoned for both mineral excavation and agricultural
conservation. Active gravel mines are operating adjacent to the north and south of the Site and
LIESCH ASSOCIATES, I'NC.
January 2003 Hydrogeologists. Engineers · Environmental Scientists 'Page 2'
Appendix A
Appendix B
Appendix C
APPENDICES
Figure 1 - City Map
Figure 2 - Site Location Map
Figure 3 - Properties Zoned for Mineral Excavation
List of Addresses within 350 Feet of the Site
Sheet 1 - Existing Conditions
Sheet 2 - Phase 1 Mining Plan
Sheet 3 - Phase 2 Mining Plan
Sheet 4 - Phase 3 Mining Plan
Sheet 5 - Drainage Plan
Sheet 6 - Restoration Plan
across Trunk Highway 169 to the west. The location of the Site is illustrated on Figures 1 and 2
in Appendix A. Figure 3 in Appendix A shows the properties zoned for mineral excavation in
the surrounding area.
2.8.2 Site Analysis Information
There is very little tree cover in the areas of the proposed mining. The depth to gravel beneath
the topsoil is typically less than 12 inches. There are no buildings located on the Site and no
buildings are proposed. The nearest buildings are located south of the Site and are associated
with a farmstead to be purchased by Schmidt. The Site is not located in the delineated 100-year
flood plain and no water courses exist on the Site. Seven separate wetlands are located on the
Site, however, it is not anticipated that any of these wetland areas will be altered or
hydrologically affected by the proposed mining. The elevations and slopes within 100 feet of the
perimeter of the Site are shown on the Existing Conditions Map included as Sheet 1 in
Appendix C.
2.8.3 Estimated Quantity of Materials to be Extracted
Approximately 500,000 cubic yards of material will be mined from approximately 14.81 acres of
the Site. All of the gravel to be mined is located in existing hills.
o
2.8.4 Depth of Water Table
The general hydrogeologic conditions in the vicinity of the Site were described in the
Environmental Impact Statement (EIS) prepared for the Elk River Gravel Mining District, Elk
River, Minnesota, prepared by Maier Stewart and Associates, Inc (MSA), dated May 1994 (the
1994 EIS). Based on groundwater information in the 1994 EIS, the groundwater elevation is the
area of the Site is approximately 950 feet.
Based on a review of the existing site conditions, the water table at the Site may vary from 948-
966 feet, based on the elevations of the wetlands. The proposed maximum depth of mining will
not extend below five feet above the elevation of the closest wetland to the area being mined (see
Sheets 2, 3, and 4, Phasing Plans, Appendix C).
2.8.5 Average Thickness of Overburden
Overburden in the areas to be mined at the Site is minimal.
than 12 inches below grade.
Gravel is typically'present at less
2.9 ~PLAN OF OPERATION
The gravel mining operation will include mining, processing, stockpiling, and hauling of gravel
LIESCH ASSOCIATES INC.
January 2003 Hydrogeologists · Engineers · Environmcmtal Scientists 'Page 3'
to construction and road project sites. A portable crusher will be utilized on site periodically. The
proposed operation does not include gavel washing. Operation of the portable asphalt plant will
include drying and heating of aggregate and mixing with asphalt cement coating to produce
asphalt. The operation will include a bulldozer, a loader and conveyors.
Mining will be conducted in three phases (see Sheets 2, 3, and 4, Phasing Plans, Appendix C)
and will begin on the east side of the Property and move westward. As a phase is opened topsoil
will be stripped from the designated area and stockpiled on-site for later use in site restoration.
The portable asphalt plant will be located on the east portion of the Site near Phase 1. No
permanent roads or building will be constructed at the Site. No permanent utilities will be
installed at the Site.
No water wells are proposed at the Site. No gravel washing will occur at the Site. Water use at
the Site will be for purposes of dust control only. No disposal or reuse of water will occur.
No explosives will be used at any time.
2.10
DRAINAGE~ EROSION CONTROL~ SEDIMENTATION~ DUST~ SECURITY~ ACCESS
CONTROL~ AND WEED CONTROL
Surface water runoff and erosion controls are proposed to control surface water discharge off
site. The proposed controls will include installation of silt fence/hay bales, rip-rap placement in
drainageways, and phased topsoil replacement and seeding of completed phases. The silt
fence/hay bales and rip-rap will be placed in areas deemed necessary during mining operations.
Since most of the Site will remain undisturbed during the mining operations, only minimal, if
any, off site surface water run off is anticipated. Based on the topographic contours of the Site,
surface water runoff from the eastern portion of the Site will flow to the east. Surface water
runoff from the western portion of the Site will remain on site and flow into the low areas or
wetlands. Sedimentation may occur in temporary, natural ponding areas. Sheet 5 in Appendix
C shows the drainage characteristics of the Site.
Dust generated during mining operations will be limited to the active mining area and haul roads.
Water will be delivered to the Site via a water truck and applied prLmarily to haul roads, but also
to any exposed soil/topsoil stockpiles and areas where mining has been completed as is
necessary. Mitigative measures to minimize fugitive dust from these areas may include of
stockpiling soils in a manner to prevent erosion and phased restoration of completed areas.
Additionally, paving 100 feet of the approach to Trunk Highway 169 may be considered to
reduce dust. Fugitive dust generated from the asphalt plant operations will be addressed through
the use of baghouses. Baghouses are designed to filter fine particles through the use of fabric.
Particles will be caught on the surface of the bags, leaving clean flue gas to pass through. Bags
LIESCH ASSOCIATES, INC.
January 2003 Hydrogeologists · Engineers · Environmental Scientists .Page 4.
will be cleaned periodically as dust layers build up to minimize pressure drop. Captured dust
from these devices will be returned to the production process.
Access to the site will be gated. When the site is unattended, all vehicles and equipment will be
secured and locked. Control of access to open extraction will be accomplished with warning
signs and/or fencing. Fencing currently exists at the Site. The mining operation will not involve
the creation of any steep slopes. The gravel resources to be mined are located only in long
narrow ridges. It is anticipated that these gravel containing ridges will be excavated and
removed, leaving a relatively flat landscape behind. Once removed, only minimal excavation
will occur below the ridges.
To prevent weeds and unsightly vegetation, stockpiled topsoil will be placed on graded and
mined surfaces intermittently as the phased mining progresses. Graded areas and completed
phases will be re-vegetated with standard MnDOT seed mixtures.
2.11 RESTORATION PLAN
Upon completion of mining, the Site will be returned to agricultural use or potentially used for
residential or commercial development. As phases of the operation are completed, the stockpiled
soils and topsoil will be distributed and graded across the mined area. Backfilling will be with
materials that are suitable for building and backfill. Stockpiled topsoil will be placed on graded
and mined surfaces intermittently as the phased mining progresses. Topsoil will be seeded and
mulched to prevent erosion. Standard MnDOT seed mixtures will be used and when necessary
trees will be planted. Final grades will range from 1% to 25%. Sheet 6 in Appendix C is the
Restoration Plan showing the proposed final contours of the Site.
3.0
STANDARDS AND REQUIREMENTS
3.1 BOUNDARY
Extraction operations will be conducted within the confines of the extraction site described in the
application.
3.2 PROmBtTED AREAS
No mining operations will be conducted within five feet of the right of way of an existing public
utility.
Mining will not occur within fifty feet of the boundary of any zone where such extraction
operations are not permitted. Setbacks from the wetlands will be at least fifty feet.
LIESCH ASSOCIATES, INC.
January 2003 Hydrogeologists. Engineers · Environmental Scientists 'Page 5.
Mining will not occur within thirty feet of the boundary of an adjoining property wi'rich is not
being used for extraction operations.
3.3 FENCING
The perimeter of the site is fenced to prevent unauthorized access. A four foot fence will be
installed as necessary in areas where collections of water greater than 1 ~/2 feet deep are located,
where extraction slopes are steeper than one foot vertical to 1 ½ feet horizontal, and any other
areas where obvious signs of danger to the public exist.
3.4 SITE APPEARANCE AND SCREENING
All Site equipment will be kept operational. Abandoned machinery and rubbish will be
periodically removed from the Site. All temporary buildings and structures will be removed and
the Site will be graded and restored in accordance with the restoration plan within three months
after termination of the extraction operations or within three months after termination of the
extraction license.
The perimeter of the Site will be planted or otherwise screened when required. The trees and
ground cover located in the mining areas will be removed as each phased area progresses. All
existing trees and ground cover will be preserved to the maximum extent feasible. The majority
of the Site will remain undisturbed.
3.5 REHABILITATION
Rehabilitation will be continuing process, occurring as quickly as possible upon completion of
each phased operation.
All banks and slopes will be restored in accordance with the attached Restoration Plan. Finished
slopes will not exceed 4:1.
A minimum of 3 inches of topsoil will be placed over restored areas. The restored areas will be
planted with enough ground cover sufficient to contain the soil. The vegetation will be inspected
periodically to insure it is self-sustaining. Trees will be planted where appropriate.
No water bodies will be created as part of the mining operation. All standing surface waters
resulting from the mining operation will be 'backfilled with acceptable material.
3.6 NOISE
Maximum noise levels at the perimeter of the Site will comply with Minnesota Pollution Control
Agency (MPCA) standards. Any nuisance noises will be minimized by limiting hours of
operation. Selected placement of gravel stockpiles can also be used to control noise. On-Site
LIESCH ASSOCIATES, INC.
January 2003 Hydrogeologists · Engineers · Environmental Scientists -Page 6-
generators may be housed in trailers or other temporary structures to minimize noise, if
necessary. Additional mitigative measures for noise will also include proper equipment
maintenance and muffling.
3.7 HOURS OF OPE1La~TION
Mining operations be conducted between the hours of 7:00 AM and 7:00 PM, Monday throu~a
Saturday.
3.8 EXPLOSIVES
No explosives will be used at the Site.
3.9 DUST AND ODOR
Dust generated during mining operations will be limited to the active mining area and haul roads.
Water will be delivered to the Site via a water truck and applied primarily to haul roads, but also
to any exposed soil/topsoil stockpiles and areas where mining has been completed as is
necessary. Additionally, paving 100 feet of the approach to Trunk Highway 169 may be
considered to reduce dust. Fugitive dust generated from the asphalt plant operations will be
addressed through the use ofbaghouses.
The proposed asphalt plant is the primary source of odor for the project. Odors will be
controlled and minimized by en~neefing and designing the appropriate stack height for the
operation. The use of recycled asphalt in the plant operation will also be limited, thus reducing
some of the nuisance odors. Hours of plant operation will be adjusted as needed based on
weather conditions and/or periods of inversion.
3.10 POLLUTION CONTROL
At this time, there will be no permanent above or below ~ound storage tanks located at the Site.
Temporary or portable aboveground tanks will be used store fuels. If storage will exceed 1,320
gallons, a Spill Prevention Control and Countermeasure (SPCC) Plan meeting the requirements
of 40 CFR Part 112, will be prepared and implemented for the Site. In addition, all tanks will be
registered with the MPCA. MPCA Air Quality Permits are required for sand and gravel mining
operations and asphalt plants depending on the size of the operation and the "potential to emit."
Potential to emit calculations will be performed and the proper permits will be obtained.
Additionally, as required by the MPCA, a National Pollutant Discharge Ehmination System
(NPDES) Permit for storm water will be obtained and a Storm Water Pollution Prevention Plan
(SWPPP) will be completed for the Site.
LiESCH ASSOCIATES, INC.
January 2003 Hydrogeoto~sts · Engineers · Environmental Scientists -Page 7'
3.11 TOPSOIL PRESERVATION
All topsoil will be retained on-Site for use in the Restoration Plan.
3.12 SLOPES
All extractions except for the working face will be sloped at 1'1. All restored slopes will have a
maximum slope of 4:1.
LIESCH ASSOCIATES, INC.
January 2003 Hydrogeologists. Engineers - Environmental Scientists .Page 8'
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Engineers · Architects
Sure,ors
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LAND DE.S~RIPTION
The Netth~est Quorter of the N~h~st ~o~, ~e N~
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Sidney P. Williornson. Lond Surveyor
Minnesoto License Numba~ 10918
· 23 ,l~'~uory, 2003
SCHMIDT GRAVEL MINE
ELK RIVER, MINNESOTA
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EXISTING CONDITIONS
Howard R, Green Qompany
February 14, 2003
File: 819320J-0325
Mr. Steven Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: ROGER SCHMIDT GRAVEL MINING APPLICATION
Dear Mr. Rohlf:
As you requested, we have reviewed the additional information submitted on the request by Roger
Schmidt for a gravel mining operation in northem Elk River. The information we reviewed was
prepared by Liesch Companies and consisted of a report entitled "Application for Rezoning to Mineral
Excavation Overlay District and Conditional Use Permit for Mineral Excavation and Hot Mix Asphalt
Plant, Schmidt Gravel Mine" and several plan sheets also prepared by Liesch Companies. Based on
our review and meetings with the applicant, his consultant, and City staff, we would offer the following
comments:
By far, the most important engineering issue with this application has to do with access to
and from Trunk Highway 169 (TH169). The applicant's documentation indicates that they
are expecting approximately 40 trucks per day to haul mined gravel to an asphalt plant less
than a quarter mile to the south. The actual trip anticipated on TH169 would be
approximately 600 feet. The applicant's Environmental Assessment Worksheet (EAW)
indicates that 40 trucks a day is a relatively Iow number compared to average daily truck
traffic and heavy commercial average daily traffic levels for TH169. While this statement is
true, it is also true that in typical through-stop controlled intersections along high-speed
divided highways (such as TH169), the minor street through and left turn movements
typically account for less than ten percent of the entering traffic but account for
approximately 90 percent of the vehicle crashes. In particular, the high density of heavy
commercial vehicles making this movement could lead to safety deficiencies and ultimately
the potential of crashes on TH169. Therefore, we would recommend that this application
be granted only if the applicant can secure an intemal route from the gravel mining area to
the asphalt plant.
We have had this discussion with the applicant at our meeting on February 13, 2003. The
applicant is willing to work with the representatives of Aggregate Industries, the property
owner between the proposed gravel mining area and the bituminous plant, to secure an
internal route.
At our meeting we also discussed the issue of whether of not the applicant had plans to
sell gravel to others, which in this case would involve leaving the site and entedng onto_
TH169. The applicant indicated that he would like this opportunity. We would recommend
Ltr-021403-Rohlf
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
o
°
Mr. Rohlf
February 14, 2003
Page Two
that if there is to be any gravel sales to others, that it is conditioned upon a MnDOT permit
being granted for access to and from TH169, including any and all improvements to the
highway that MnDOT requires. Finally, we would recommend that access for gravel
mining sales be limited to the Elk River Bituminous access to TH169. The reason for this
is that if MnDOT requires improvements to the highway, we feel they should be made at
this location so that trucks hauling asphalt product from Elk River Bituminous can also
utilize the improved access onto and off of TH169.
It should be noted that MnDOT has designated TH169 as an Interregional Corridor (IRC),
where the primary function of the highway is to facilitate the traffic'flow between regional
trade centers with predictable travel speeds and a high emphasis on safety. The recently
completed study of TH169 by MnDOT proposes long-term plans to convert TH169 to a
freeway design standard. This, of course, would mean that there would be full access
control and interchanges built at strategic locations along the route. Although these plans
are likely sometime in the future before any implementation, we would recommend that a
condition on the gravel mining CUP be that any access to and from TH169 be modified in
the future to accommodate any IRC improvements either short term or long term.
The applicant submittal information contained only limited detail regarding drainage,
erosion control, and sedimentation. In our discussion on February 13 with the applicant
and his consultant, it was agreed that the applicant would need an NPDES permit prior to
any operation. This permit would require that a storm water pollution plan be prepared. In
addition, we would propose a condition that no operation of the gravel mining take place
until a drainage plan be submitted, reviewed and approved by City staff. We discussed
with the applicant and his representatives that this drainage plan would include temporary
sedimentation ponds for run-off prior to discharging to wetlands on the site or discharging
off the site.
We agreed with the applicant that he will widen and bituminous surface the access road to
his site that is shared with tt~e'tWo businesses and one homeowner near TH169. The
agreement was that all sections of the roadway, which are shared traffic between the
gravel mining Op'eration and businesses or homes' in the area, would be.a minimum of 20
feet wide and be bituminous surfaced. The applicant needs to provide documentation that
the easement over this area and/or permission from the other property owners provides
him the right to make these improvements.
Other issues that we discussed at the meeting with the applicant and his representatives I
assume will be covered in great detail in your memo; these would include the following:
· Active mine face will need to be fenced.
· A water truck for dust control needs to be present at the site. The source of water
would be from the Elk River Bituminous site.
· Oak wilt restrictions need to be met with no cutting of trees between July 15 and
April 15.
Ltr-021403-Rohlf.doc
Howard R, Green Company
CONSULTING ENGINEERS
Mr. Rohlf
February 14, 2003
Page Three
· A condition needs to be added requiring the applicant to provide documentation
relative to the authority to mine the 200-foot strip of property that will ultimately be
owned by others.
· The applicant has indicated he will be withdrawing his application for a hot-mix
asphalt plant.
If you have any questions regarding any of these issues, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sw
Ltr-O21403-Rohlf
Howard R, Green Company
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this __ day of .,
2003, by and between the CITY OF ELK RIVER, a municipal corporation
organized under the laws of the State of Minnesota (City), and $¢hmidt Grave!
Min~n_~t, a Minnesota corporation, hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a
conditional use permit to operate a gravel mining operation within the City on
property legally described as follows:
The Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4), the
North Half of the Northeast Quarter of the Northeast Quarter (N 1/2 of NE
1/4 of NE 1/4), and the North 200 feet of the South Half of the Northeast
Quarter of the Northeast Quarter (N 200 feet of S 1/2 of NE 1/4 of NE 1/4), all
in Section 10, Township 33, Range 26, Sherburne County, Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use
permit, at which hearings all citizens of the City of Elk River and other
interested parties have had the opportunity to be heard on the
application; and
WHEREAS, the City Council by motion adopted March 17, 2003,
approved a conditional use permit for the operation of a gravel mining
operation (the Operation) on the Property, subject to certain conditions,
including that Operator enter into a conditional use permit agreement
with City so as to fully comply with the City's Mineral Excavation,
Zoning, and other applicable ordinances; and
Page 2
WHEREAS, the City's Zoning Ordinance requires that a conditional
use permit be issued and that a conditional use permit agreement for
mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the
mutual promises and conditions hereinafter contained, it is hereby
agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this
Agreement shall constitute the Conditional Use Permit for the Property
and, to be executed by City and Operator, shall govern the parties rights,
responsibilities, and obligations with respect to the operation, subject to
the compliance by all parties with applicable city ordinances and state
and federal laws.
2.) Warranty of Operator- Operator hereby warrants and
represents to the City, as inducement to the City's entering into this
agreement, that the Operator is the fee owner of the subject property or
has a valid lease for the operation and the fee owner of the subject
property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to
the Operation:
(01) This Conditional Use Permit authorizes mineral excavation
(gravel) from the Property.
(09.)
All mineral excavation and processing operations on the
property shall comply with the City's Mineral Excavation,
Zoning and other applicable ordinances; with the terms of
this Conditional Use Permit agreement and the license
agreement to be executed by the City and Operator; with the
City of Elk River's Environmental Impact Statement on
Mineral Excavation; and with the application materials and
plans submitted by the Operator, which plans and materials
are the basis for the City's approval of the Conditional Use
Permit.
(03)
The Operator shall orally notify the City of any violations of
this permit within 24 hours and follow this with notification
in writing within four (4) working days of the violation. The
Operator shall notify the City annually in writing of the total
area and amount of material mined and projected estimates
s: \b&z\ stever \gravcup.doc
Page 3
of area and amount of material to be mined in the following
year. This is to be done at time of license renewal.
(04)
The license shall be renewed annually and shall run from
dune 1st through May 31st. The annual license fee is that
which is specified by the Elk River City Council at time of
renewal. This license fee is not in lieu of gravel tax collected
by the County, a portion of which the City receives.
(05) Violations of this Conditional Use Permit may result in
suspension or revocation.
(06)
The City Building and Environmental Administrator and/or
his/her agents shall be permitted to inspect the Operation
for compliance with the conditions of this permit during
normal hours of operation.
(07)
The City's approval of this Conditional Use Permit is subject
to the approval of appropriate permits by other governmental
agencies.
(08) No explosives shall be allowed for this operation.
{09) Reclamation
Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
Operator.
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Each year a plan for that year's reclamation shall be
approved by the Building and Environmental
Administrator prior to issuance of the mineral
excavation license.
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The reclamation shall include topsoil from the site
being preserved and put back into place after mining.
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Revegetation of the property shall include seeding with
a mixture approved by city staff accompanied by a
nurse crop or approved mulch. The vegetation
established for the reclamation must be maintained
until it is self-sufficient.
s: \b&z \ stever \gravcup.doc
Page 4
(10)
(11)
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Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the
plans submitted and the City ordinance at the time of
reclamation. Additional measure as determined by
city staff may be required.
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Material mined as part of this Operation shall be haul
directly to the Elk River Bituminous site via
easements, not accessing any public road. Access to
Highway 169 at 219th Avenue will be eliminated when
frontage roads leading to interchanges are developed.
All portions of drives shared by this Operation and
another business or residence shall be a minimum of
twenty feet wide and hard surfaced. The Operator
shall provide the City with executed copies of all
agreements concerning the ability to make
improvements to these drives and their maintenance
prior to the Operation commencing.
The sale of product from the Operation shall only take
place from the Elk River Bituminous site and then only
after receiving authorization from the Minnesota
Department of Transportation and completing all
required improvements to the access for that site prior
to commencing said sales.
Dust Control
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A permit from MPCA regarding air emissions shall be
obtained when required and particulate emission
standards shall be met by the Operation. This permit
and all other correspondence between the Operator
and MPCA shall be copied to the City.
All equipment shall be located as to reduce dust to
adjacent properties.
A water truck shall be on site at all times when mining
activities are taking place to control dust as necessary.
Chemicals shall not be use for dust control.
s: \b&z\stever\gravcup.doc
Page 5
do
The City reserves the right to require additional
measures to be taken, if warranted by dust problems,
including but not limited to reducing stock pile
heights.
(12) Hours of Operation
All mineral excavation, processing, and sales activities shall
be conducted between the normal hours of 7:00 a.m. and
7:00 plm., Monday through Saturday, except the hours may
be extended by the Building and Environmental
Administrator for special cases.
(13) Noise
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As deemed necessary by city staff, noise from
screening and crushing associated with this Operation
shall be controlled by equipment location on site, the
erection of sound barriers, the placement of stockpiles,
and the type of equipment used.
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Noise levels associated with this Operation shall at no
time exceed State standards.
The City reserves the right to require additional
measures be taken, if warranted by noise.
(14) Lighting
Lighting from the Operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. All sources of
artificial light shall be so fixed, directed, designed, or sized
that the minimum subtotal of their illumination shall not
increase the level of the illumination on nearby residential
property by more than . 1 foot candles in or within twenty-
five (25) feet of a dwelling, or more than .5 foot candles on
any part of the adjacent property.
(15)
The piling, storing, or keeping of old machinery, junk, debris,
or abandoned motor vehicles, shall be prohibited on this site,
with the exception that reusable parts may be stored on the
mineral excavation site provided that it is in a location that
s: \ b&z \ stever \ gravcup, doc
Page 6
(~6)
(17)
cannot be viewed from adjacent properties or is totally
screened.
Mining activities shall not cause excessive vibration off site.
If excessive vibration becomes an issue, the City reserves the
right to take appropriate measures to alleviate the problem.
Groundwater protection measures shall include:
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The Operator shall file with the City an Emergency
Spill Prevention and Counter Control Plan and a
Storm Water Pollution Prevention Plan as may be
required by other governmental entities. The Operator
shall adhere to these plans in the event there is a spill.
The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
Fuel tanks shall be above ground, properly diked (if
required by law), and registered with MPCA.
All incidences that have the potential to adversely
affect groundwater, including but not limited to spills,
shall be verbally reported to the City within 24 hours.
This verbal notification shall be followed up in writing
within four (4) working days.
The appropriate storm water permits (NPDES) shall be
obtained by the Operator from MPCA and copied to the
City.
Mining activities shall not take place closer to ground
water levels than indicated in the plans submitted
without amending this conditional use permit.
Gravel washing operations are prohibited at this site
and will require an amendment to this permit to be
allowed in the future.
Except for minor repairs, maintenance of vehicles and
equipment shall take place in the shop at the Elk River
Bituminous site. The Operator shall have an approved
hazardous waste license for this facility and properly
dispose of all waste.
s: \b&z \ stever \gravcup.doc
Page 7
No mining operations shall be conducted within fifty
feet of any wetland. Further, all wetlands shall be
protected by silt fencing and other measures as
determined necessary by City staff.
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Temporary sedimentation ponds, as indicated on the
plans submitted, shall be constructed and maintained
until deem no longer necessary by City staff.
(18) Signage
$ignage for the operation shall be that which is permitted for
an industrial operation in a medium industrial zone, with
the exception that billboards are not allowed.
(19) Fencing
All cut faces with slopes greater than 3 to 1 shall be fenced
on the high sides to provide a clear warning of the potential
danger until properly sloped.
(20) Oakwilt
Cutting of trees between April 15 and ,July 15 is prohibited.
The Operator shall take other measures deemed appropriate
by the Sherburne County Forester to control oakwilt, such
as, but not limited to: debarking or destroying fallen
diseased trees prior to April 15th, not leaving roots exposed
and avoiding mechanical damage on remaining trees.
(21) Blanding's Turtles
Department of Natural Resource flyers with an illustration of
a Blanding's Turtle shall be distributed to all site workers. If
observed, turtles in imminent danger shall be removed to a
safe location and turtles not in danger shall be left
undisturbed. All construction areas shall be surrounded by
silt fence to keep turtles from entering and no wetlands shall
be altered as a result of the work authorized in this permit.
s: \b&z\ stever \gravcup.doc
Page 8
4.)
(22) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions
hereof and agrees to save and hold the City harmless from any and
all claims or actions arising from the operations of the Operator on
the Property.
(02) Binding Effect- The terms and provisions hereof shall be
binding upon, and inure to the benefit of the heirs, representatives,
successors, and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Operation and shall
be deemed covenants running with the land. This Agreement shall
be placed of record so as to give notice hereof to subsequent
purchasers and encumbrances of all or any part of the Property,
and all recording fees, if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement
shall be held invalid for any reason, the same shall not affect in
any respect whatsoever the validity of the remainder of this
Agreement.
(04) Waiver- Any waiver, whether express or implied, by any
party of a breach of any provision of this Agreement will not
operate as or be construed to be a waiver of any subsequent
breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be
deemed appropriately and timely given when delivered personally
or deposited in the United States mail to the addresses hereinafter
set forth by certified mail (return receipt requested). The addresses
of the parties hereto are as follows until changed by written notice
given as above:
If to the City at:
City of Elk River
ATTN: Building & Environmental Adm.
13065 Orono Parkway, P.O. Box 490
Elk River, Minnesota 55330-0490
s: \b&z \ stever \gravcup.doc
Page 9
If to the Operator at:
$chmidt (}ravel Mining
ATTN: Roger Schmidt
10107 105th St. NW
Annandale, Minnesota 55302
(06) Incorporation by Reference- All plans, special provisions,
proposals and specifications, submitted pursuant to this
Agreement shall be and hereby are made a part of this Agreement
by reference as fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ELK RIVER
OPERATOR/FEE OWNER:
$chmidt Gravel Mining/
Rosemary Anna Lefavor
By: By:
Its: Mayor
By: By:
Its: City Administrator
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of ., 2003, by Stephanie A. Klinzing, the
Mayor of THE CITY OF ELK RIVER, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
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Page 10
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
day of ., 2003, by Patrick D. Klaers, the City
Administrator of THE CITY OF ELK RIVER, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this __
day of , 2003, by , the
of $chmidt Gravel Mining, a Minnesota
corporation, on behalf of the corporation, fee owner of a portion of
the subject property and Operator on the subject property.
Notary Public
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Page 1 1
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
day of ., 2001, by , the
of Rosemary Anna Lefavor, fee owner of a
portion of the subject property.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Environmental Dept.
13065 Orono Parkway/ PO Box 490
Elk River, MN 55330
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ORDINANCE 03 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
AS DESCRIBED
CASE NO. ZC 03- 01
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone to Mineral Excavation Overlay Zoning District the properties
described as:
The Northwest QUarter of the Northeast Quarter (NW ¼ of NE ¼), the North Half of the
Northeast Quarter of the Northeast Quarter (N ½ of NE V4 of NE 1/4), and the North 200
feet of the South Half of the Northeast Quarter of the Northeast Quarter (N 200 feet of S
½ of NE ¼ of NE ¼), all in Section 10, Township 33, Range 26, Sherbume County,
Minnesota.
Section 2. The rezoning is being approved based on the following findings:
1. The city's comprehensive plan anticipated mineral excavation as an
interim use with the Mineral Excavation Overlay Zoning District.
2. The subject property abuts existing mineral excavation operations.
3. Mineral excavation, as proposed, will not interfere with or unduly
impact surrounding land uses or other natural resources.
4. The request is consistent with the ultimate end use of the property
identified on the city's land use map, since the Mineral Excavation
Overlay Zoning District leaves the underlying zoning and land use of
the subject property unchanged.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 17 day of March, 2003, by the City Council of the City of
Elk River
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
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