5.1 PCSR 12-14-2010REQUEST FOR ACTION
TO ITEM NUMBER
Plannin Commission 5.1
AGENDA SECTION MEETING DATE PREPARED BY
Planning December 14, 2010 Rebecca Haug, Environmental
Administrator
ITEM DESCRIPTION REVIEWED By
Request for Conditional Use Permit and License for Elk River Lori ohnson, Ci Administrator
Investments, LLC/Tiller, Corp. for Mineral Excavation -Case REVIEWED BY
No. CU 10-21
ACTION REQUESTED
Staff recommends that the Planning Commission recommend denial of the Elk River Investments/Tiller,
Corp. request for Mineral Excavation for the following reasons:
1. No approval from MN DOT
2. No wetland replacement plan
Applicant Elk River Investments, LLC/Tiller Corporation
East of Highway 169 at the 217 Avenue alignment. Legal description is
Location/ Address Outlot C of Aggregate Commercial and the North Half of the
Southeast Quarter of Section 10, Township 33, Range 26. Sherburne
Coun ,Minnesota.
60 Day Rule The City must take action by December 29, 2010
OVERVIEW
Tiller Corporation (Tiller) is seeking an Extraction License and Conditional Use Permit for Mineral
Extraction activity on a parcel of property located within the City of Elk River. The site encompasses
152.8 acres, of which approximately 86.1 acres is proposed to be actively mined. The remaining area
constitutes setback, wetlands and buffer areas. The property is located on the east side of US Highway
169 within the Mineral Extraction Overlay District. Proposed site activities include mining, processing
and stockpiling of aggregate, stockpiling and processing of recyclable concrete and asphalt.
BACKGROUND/PRECEDENT
The City is recommending denial of this application because it does not comply with the City's Mineral
Excavation ordinance requirements. The Ordinance requires the applicant to provide the City with
evidence that access to and use of all haul roads will be safe and that the applicant has received approval
by MN/DOT for access to and use of state highways. Staff has not received any evidence from
MN/DOT approving the applicant's proposed haul routes. The applicant has indicated that they have
been in communication with MN/DOT but a plan has not been approved.
The applicant has also indicated that there will be wetland impacts on the site. Wetland delineation was
completed; however, a wetland mitigation plan h~ not been provided to the City as required in the
Ordinance. As with other applications, if wetland impacts are proposed, a wetland mitigation plan needs
to be completed and approved by the Technical Evaluation Panel (TEP) prior to being recommended for
approval by the Planning Commission.
APPLICABLE REGULATIONS
City Code Section 30-1835(e) provides that applications for Conditional Use Permits for mineral
excavation activities shall be approved only upon a fording that the standards for issuance of a
conditional use permit under Section 30-654 of tie City Code have been met and that the procedures and
standards set for in the City's mineral excavationlordinance (Chapter 42, Article II of the City Code) have
been fully complied with.
Section 30-654 of the City Code provides that the issuance of a conditional use permit can be ordered
only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the
immediate vicinity or the public health,! safety, morals, comfort, convenience or general welfare
of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant
property.
4. Will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems,
parks and schools; and will not, in particular, create traffic congestion or interference with
traffic on adjacent and neighboring public thoroughfares.
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons or property because of excessive tra~c, noise, smoke,
fumes, glare, odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
7. Will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate the
proposed use in the city.
If the Planning Commission shall recommend denial of such a permit, it shall accompany its
recommendation with findings or a report stating how the proposed use does not comply with the
standards set forth in Section 30-654.
Chapter 42, Article II of the City Code provides, in Section 42-52 (11), that applications for an extraction
license and conditional use permit must include, among other things, evidence of approval by MnDOT
for access to and use of state highways.
Section 42-53(c) of the City Code requires that mineral excavation proposals which will impact wetlands
complete the wetland impact process set forth in Section 30-1851(d) of the City Code.
ANALYSIS
The plans submitted with the application indicate that operation of the proposed facility will require
direct access onto TH 169. However, the applicant has not submitted any evidence that MnDOT has
approved access to TH 169, as required by Section 42-52(11). In addition, Section 42-78(1) of the City
Code provides that no extraction license or conditional use permit shall be issued until the applicant has
received approval from MnDOT fox access to TH 169. The application fails to meet these requirements
of the City Code.
In addition, the applicant has not completed the wetland impact process set forth in Section 30-1851 (d)
of the City Code, as required by Section 42-53(c).
RECOMMENDATION
Staff recommends that the Planning Commission recommend denial of the Elk River Investments/Tiller,
Corp. request for Mineral Excavation because the application does not comply with all of the
requirements of the City Code relating to haul roads, access and wetlands.
ATTACHMENTS
^ Location Map
^ Applicant's Narrative
^ Site Plan(s)
^ Mineral Excavation Ordinance
Action Motion by Second by Vote
Follow Up
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Tiller Corporation
Application for a
Conditional Use Permit
Elk River, MN
INTRODUCTION
Tiller Corporation (Tiller) is seeking an Extraction License and Conditional
Use Permit for Mineral Extraction activity on a parcel of property located
within the City of Elk River. The site encompasses 152.8 acres, of which
approximately 86.1 acres is proposed to be actively mined. The
remaining area constitutes setback, wetlands and buffer areas. The
property is located on the east side of US Highway 169 within the Mineral
Extraction Overlay District. Proposed site activities include mining,
processing and stockpiling of aggregate, stockpiling and processing of
recyclable concrete and asphalt.
II. SITE INFORMATION
1.) Legal Description:
Outlot C of Aggregate Commercial and the North Half of the Southeast
Quarter of Section 10, Township 33, Range 26. Sherburne County,
Minnesota.
2.) Name and Address of Applicant and Owner of the Land:
Applicant:
Tiller Corporation
7200 Hemlock Lane
Suite 200
P.O. Box 1480
Maple Grove, MN 55311
Land Owner:
Elk River Investments, LLC
3600 Holly Lane N.
Suite 200
Plymouth, MN 55447
3.) Names and addresses of all adjacent land owners within 350 feet of site
obtained from records of the Sherburne County Property Tax Division.
Names and addresses were submitted as part of the information packet.
4.) Purpose of the proposed extraction:
The purpose of the extraction is to remove an existing deposit of sand
and gravel and process it into construction aggregates and to process
recyclable concrete and asphalt into construction aggregate products for
Tiller Corporation Page (1
ConditionaLUse Permit Application
August 30, 2010
beneficial reuse. The site is located in an area that has been identified
as containing high quality aggregate reserves and as such was included
in the City of Elk River's 1994 Gravel Mining District Environmental
Impact Statement'. The site was subsequently included in the Mineral
Extraction Overlay District as indicated on the current City of Elk River
Zoning Map. The site will serve the growing needs of Elk River and the
surrounding area.
5.) Estimated time required to complete the proposed extraction and
rehabilitation:
Active mining will occur in phases. Site reclamation will also occur in
phases as feasible. It is estimated that the overall site will be active for
approximately 20 to 50 years. This is an estimate based on current and
recent past market demand. The actual life of the facility will depend
upon future market conditions.
6.) Transportation Routes:
Existing access to and from the site is on 217t" Ave. NW, a private road
running through Outlot B of Aggregate Commercial (a recorded plat).
There is a northbound right turn lane and a south bound left turn lane
currently in place from U.S. Highway 169 to 217t" Ave. NW. Tiller has
been in touch with MN/DOT to discuss truck access to U.S. Highway
169. MN/DOT has suggested certain improvements to better
accommodate truck access to U.S. Highway 169. Tiller will continue to
work with MN/DOT to explore access options and/or improvements to
US Highway 169. These access options or improvements will be
implemented before any product or materials are hauled from the site.
7.) Specifications for the following using appropriate maps, photographs and
surveys:
a) Physical relationship of site with respect to the community.
The site is located approximately 1.25 miles south of the Elk
River/Livonia Township boundary. Figure 1, Location Map, illustrates
the location of the site with respect to the City of Elk River.
b) Site analysis information such as trees, depth of topsoil, adjacent
and on-site buildings and land uses, flood levels, water courses, and
elevation and percent slope within 100 feet beyond perimeter of the
site.
Environmental Impact Statement, Elk River Gravel Mining District ,Elk River, Minnesota. Final
EIS. Citv of Elk River. Mav 1994
Tiller Corporation Page ~ 2
Conditional Use Permit Application
August 30, 2010
i
i
ii
Figure 1
Site Location Map
._....,,___.._......_._.. ~ ~ g p t F a
The property consists of 152.8 acres of wooded, wetland and open
space areas. The wetlands have been delineated on the site. There
are 11 wetland basins on the site itself encompassing a total of 40.95
a.~-ps. The individual wetlands range in size from 0.05 to 16.70
a~ ~. Upland areas of the site drain to the wetland basins which
have a general overflow direction to the northeast. There is a
manmade ditch running through the most northeasterly wetland
basin that flows off site towards the northeast. Land cover is
illustrated on Figure 2, an aerial photograph of the site.
The elevation of the wetlands ranges from 945-965.9 feet above
mean sea level (msl}. The upland areas reach elevations over 1020
feet above msl. Slopes vary throughout the site. Slopes adjacent to
some of the wetlands are up to 40-50% (2.5:1 to 2:1 -horizontal to
vertical). There is a prominent ridge running north-south through the
property. The topography immediately surrounding the site is similar
in nature, although many of the adjoining properties have been
disturbed from mining activity. Figure 3 is a U.S.G.S. Quad map
excerpt that illustrates the site setting with respect to the surrounding
area.
The depth of topsoil on the site varies, but averages from
approximately six to 24 inches in areas to be mined.
There is one abandoned residential garage on the site itself and
there is a commercial site with one building located within 100 feet of
the western property line. Elk River Extreme Motor Park is adjacent
to the site western property line. Land use surrounding the site
includes commercial, agricultural and mining. This property, as well
as properties to the north, east and west of the site, is included in the
gravel-mining district studied in the Environmental Impact Statement
(EIS) approved by the City of Elk River in June 1994 (City of Elk
River, May 1994). Properties immediately north of this property were
added to the gravel-mining district in 2004. These added properties
were both subjects of Environmental Assessment Worksheets
prepared in 2004. This property is zoned for mining and guided for
mining in the 2004 comprehensive plan.
There are several isolated wetland basins located throughout the
site. These wetlands have been field delineated. A wetland
delineation report was submitted to the City, the LGU, on August 19,
2010.
Mining will directly impact two small wetland basins, wetland basin 8,
encompassing 0.13 acres and wetland basin 13, encompassing 0.59
acres. A wetland replacement plan will be submitted for approval
Tiller Corporation Page ~ 4
Conditional Use Permit Application
August 30, 2010
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SCALE IN FEET
Figure 3
USGS Quad Map Excerpt
prior to mining activity adjacent to hese wetlands. Replacement will
be in the immediate area of wetla d loss. A 25 foot buffer will be
maintained around the perimeter o the wetland areas. This buffer
will remain vegetated to provide filte ' g of stormwater. Additional
erosion control measures will be impl ented to treat stormwater
that may discharge towards the wetland asins. These measures
will include as necessary, silt fence, divers'on berms, filter logs, and
temporary sedimentation/infiltration basins. Reclamation grades will
maintain the overall drainage areas to the etland basins.
The site is designated as Flood Zone X on he FEMA Flood
Insurance Rate Map. Flood Zone X is an a ea determined to be
outside of the 100 year floodplain.
c) Estimate of quantity of material to be mined:
An estimated 2.45 million cy of material will b~ mined on the site.
d) Depth of water table:
The depth of the water table was identified during the EIS process.
Based on information presented in the EIS, the elevation of the water
table varies from approximately 945 feet above msl in the northwest
corner of the site to approximately 942 feet above msl in the
southeast corner of the site. Groundwater flows in a northwest to
southeast direction.
e) Average thickness of overburden
Sand and gravel is found immediately below the topsoil.
8.) Plan of Operation:
Operations at the site will include clearing and grubbing, stripping topsoil
and stockpiling on site. In wooded areas, trees will be harvested for use
as lumber and/or bio-fuel. Once an area is cleared the sand and gravel
will be removed using front end loaders and excavators. Other
operation will include crushing, screening, washing, stockpiling, material
transfer, hauling and reclamation activities. Recycling of concrete and
asphalt may also occur at the site.
Processing equipment for crushing, screening and washing will be
brought to the site periodically as needed. Crushing, screening and
washing will take place throughout the mining operation. The location of
the equipment will vary throughout the life of the operation. Equipment
will follow the movement of the active mine face. Conveyors will be
Tiller Corporation Page ~ 7
Conditional Use Permit Application
August 30, 2010
used throughout the site to convey material from the active face to the
processing equipment. Aggregate stockpiles and accessory equipment
will be located throughout the site.
Water for the washing activities will be provided from onsite ground
water ponds after receiving necessary State approvals.
Sedimentation ponds will be constructed adjacent to the washing
equipment to allow for settlement of silts and then recycle the washwater
back to the plant minimizing the amount of water needed. Washwater
will not be discharged off site. The washplant sedimentation ponds will
be temporary. When washing operations are complete or as
sedimentation ponds begin to fill, the silt will be removed, dried and
blended with onsite materials and used for reclamation.
The following measures will be implemented to protect groundwater
quality:
• Limited equipment maintenance will be performed on-site
and Tiller's spill prevention policies will be followed.
• A service truck will come to the site to perform routine
maintenance. All used lubricating oil will be collected by facility
personnel and hauled off-site to a central collection point (waste
oil is not classified as hazardous waste). The service truck will
carry a spill containment kit.
• Any fuel stored on site will be stored in above ground tanks
in accordance with MPCA and local rules. Alternatively, a service
truck may be used to fuel equipment as needed.
• A Spill Prevention Control and Counter Measures Plan
(SPCC Plan) will be prepared for the site. The plan will document
procedures to be followed in the event of a spill or release at the
site. Tiller's policy regarding spills is that any spill of oil, gasoline,
diesel fuel, or lubricant is to be reported to Tiller's Land Use
Coordinator, and cleaned up promptly. Any spills of 5 gallons or
more of petroleum products or any volume of hazardous materials
are reported to the state duty officer as required by applicable
state statutes and regulations (Minn. Stat. 299K)
• Topping off tanks of any kind is not allowed under company
procedures.
Tiller Corporation Page 18
Conditional Use Permit Application
August 30, 2010
• Spill cleanup equipment will be available on-site including
equipment to excavate and remove impacted soils in an expedited
fashion, fire extinguishers, absorbent pads, spill blocker dikes,
empty barrels, rags and shovels.
On-site groundwater ponds will supply water for dust control.
No explosives will be used at the site.
9.) Drainage, erosion control, sedimentation, dust, access control, security
and weeds and unsightly vegetation:
The site has a prominent ridge that runs north south through the
property, flanked on either side by scattered wetland basins. A
Minnesota Pollution Control Agency NPDES permit will be required and
as component of this permit, a stormwater pollution prevention plan will
be prepared for the site. This plan will include measures to prevent
untreated surface water that comes in contact with disturbed ground or
aggregate stockpiles from discharging into the on-site wetlands.
Sedimentation basins, silt fence, diversion berms, drainage swales,
vegetated filter strips or other appropriate best management practices
will be utilized to control drainage and prevent sedimentation and
erosion.
Erosion of finished slopes will be minimized by backfilling to a minimum
slope of 4:1 and seeding and mulching. Screening berms will be
constructed to a minimum of 3:1 slopes and seeded and mulched in a
timely manner.
Dust will be controlled by utilizing a water truck on the access and
internal haul roads. Perimeter berms may also be constructed to
minimize dust.
The site will be kept in a neat and orderly fashion. Perimeter berms will
be maintained. Weeds will be controlled using standard industry
practices, such as mowing, and herbicides.
10.) Rehabilitation Plan
A variety of products will be produced at this site. Due to the variation of
material across the site, active mining will occur in two or more areas at
any given time in order to achieve the necessary blend of materials
needed to produce Bituminous Aggregate, Class 5 Aggregate or other
specific aggregate products. In general, mining will begin in the central
portion of the Site and proceed outward to the mining limits. Upon
completion of mining at the perimeter of the mining areas, reclamation
Tiller Corporation Page 19
Conditional Use Permit Application
August 30, 2010
can proceed in accordance with the Reclamation Plan, Sheet C3.
Reclamation activities at the site will consist of backfilling, grading, and
seeding.
Reclamation grades will be established by backfilling and grading mined
areas to elevations that will in general establish pre-mining drainage
patterns to the adjacent low areas. Final grades will range from 1 % to
25°l0. Final restoration grades are shown on the Reclamation Plan,
Sheet C3.
Topsoil will be placed over the graded and backfilled areas and then
subsequently seeded and mulched. Seeded areas will be inspected to
insure the establishment of adequate vegetation. Topsoil will come from
on-site sources, and be placed in a layer to a minimum depth of three
(3) inches in accordance with the city ordinance.
Portions of a given phase, for example, along borders of subsequent
phases, within the processing and operations area and along haul
roads, may be left at an intermediate stage of reclamation until
completion is practical.
III. STANDARDS
1.) Boundary:
Extraction operations shall be conducted within the boundary of the site
and in accordance with the plans included in this application.
2.) Setbacks:
Mining will be setback 50 feet from the boundary of any zone where
mining operations are not a permitted use and 30 feet from the
boundary of an adjacent property which is in the mineral extraction
overlay district. There will be no setback from a boundary line adjacent
to property permitted for mining. Excavation must be setback a
minimum of five feet from any public utility. Setbacks and mining limits
are illustrated on the Mining and Phasing Plan, Sheet C2.
3.) Fencing:
Perimeter areas will be fenced and signed as needed to prevent
unauthorized access to areas where extraction operations are
conducted.
Tiller Corporation Page i 10
Conditional Use Permit Application
August 30, 2010
4.) Appearance and screening:
All equipment will be kept operational. Abandoned equipment and
rubbish will be periodically removed from the site. Within 3 months after
termination of mining, or within 3 months after termination of the
extraction license, all buildings and structures incidental to extraction
operations will be removed. The site will be graded in accordance with
the reclamation plan.
The perimeter of the site is setback from U.S. Highway 169, and the site
is screened from the highway by existing properties. There are a few
rural residences located in the vicinity. The site is screened from these
structures by wooded areas. Berms will be constructed from topsoil
stripped from areas to be mined. These berms will be placed as
appropriate within setback areas to provide additional screening from
adjacent residential structures.
Wooded areas within setbacks will be preserved to the maximum extent
feasible.
5.) Operating Standards:
a. Noise:
The mining operation will be operated in compliance with all State
noise standards.
b. Hours:
Mining and processing will be conducted between 7:00 a.m. to 7:00
p.m. Monday -Saturday.
c. Explosives:
Explosives will not be used at this site.
d. Fugitive dust:
Fugitive dust will be minimized by applying appropriate dust control
to the access road and the use of conveyors. Internal haul roads will
be watered as needed.
e. Water Pollution:
The site will operate in compliance with all applicable Minnesota
Pollution Control Agency and Department of Natural Resources
Tiller Corporation Page 111
Conditional Use Permit Application
August 30, 2010
standards. A National Pollution Discharge Elimination Permit
(NPDES) will be obtained for the site. Fuel will be stored in above
ground tanks. MPCA fuel storage rules will be followed and
secondary containment will be provided as applicable.
f. Topsoil:
Topsoil will be retained on the site until the completion of restoration.
Topsoil may be used to create screening berms. These berms will
subsequently be removed as part of the reclamation process.
g. Slopes:
The active mining face will be sloped at approximately 1:1.
Reclaimed slopes will be backfilled to a maximum slope of 4:1
6.) Reclamation Standards
a. Schedule:
Reclamation will occur as portions of the site reach final elevations
and a sufficient mining floor area for operations has been
established.
b. Slopes:
Slopes will be reclaimed in accordance with the reclamation plan.
Finished slopes will not exceed four feet horizontal to one foot
vertical.
c. Cover and planting:
A minimum of 3" of topsoil will be placed over reclaimed slopes. The
slopes will be seeded in accordance with the reclamation plan. The
vegetation will be periodically inspected to insure that it has become
self-sustaining.
d. Slopes to Water Bodies:
Slopes to water bodies will not exceed four feet horizontal to one foot
vertical.
e. Water Bodies:
Sedimentation basins for stormwater management will remain in
place as needed season to season.
Tiller Corporation Page 112
Conditional Use Permit Application
August 30, 2010
219TH 97~
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t 965.4
1, Boundary information from ALTA survey prepared by Lot Surveys Company, Inc.
.. 945.5 dated Dec. 12, 2008.
~ 9a5 2. Topographic mapping by photogrammetric methods from Aero-metric, Inc. Aerial
°~i° photographs taken on April 28, 2004.
i~ 5~ 3. Wetland locations from delineation by Applied Environmental Services, LLC dated
i August 11, 2010
~-
A6 95j 4. Legal Description of property proposed for mining is Outlot C, Aggregate
i "" Commercial and the North Haff of the Southeast Quarter of Section 10, Township
i 9s Y9A9d 33, Range 26. Sherburne County, Minnesota
~ 9fi1.0
i D 5. Mining and Phasing:
5.4
a. A variety of products will be produced at this site. Due to the variation of material
9.9
~ ~, across the site, active mining will occur in two or more areas at any given time in order
°' to achieve the necessary blend of materials needed to produce Bituminous Aggregate,
Class 5 Aggregate or other specific aggregate products,
5.7
~I w 966
~~- °; ~ b. In general, mining will begin in the central portion of the Site and proceed outward to
;I ~ M the mining limits. Upon completion of mining at the perimeter o(the mining areas,
~o ~ reclamation can proceed in accordance with the Reclamation Plan, C3,
N 948.9
95fly ,'
1 ~ i -%~ c. Mining Setbacks are 50 feet frelro the boundary of any zone where mining operations
are not permitted (south and southwest), 30 feet from the boundary of an adjacent
I I ~ property which is in the mineral extraction overlay district (east and west) and 0' for
c L,~
951.+ common mining borders of an adjacent property which are in >he mineral extraction
overlay district and permitted for mineral extraction (north),
d. Processing v~ill consist of porable crashing, screening and washing plants.
I ' Processing equipment will be brought to the Site on a periodic basis, The location of the
' processing equipment will vary each time equipment is brought to the Site. The locaton
_ 952. of the processing equipment will follow the progression of the active face(s). Processing
~ equipment will always be placed in a recessed portion of the Site to provide visual
952.
1' A T DoAR, screening and minimize noise and dust emissions.
Y EC 10, IYIF
\ y~URp
II e, Water to supply the washpantwil be obtained from a pond excavated info the
groundwater table. Temporary sedimentation ponds will be constmcted adjacent to the
gam s 6. portable washplant to treat washwater. No washwaterwill be allowed to flow off site or
into on-site wetlands. A MnDNR water appropriations permit will be obtained prior tc
~ any washing operations at this Siie.
~~ I
_-~ ~ 6 f, Excavation will occur to maximum depth of 915 ft above mean sea level. Mining
9 9 f excavations will be backftlled io the approximate elevations indicated on the reclamation
v ~ plan.
~/ ,65.1 g. Heavy duty silt fence will be placed at the 25 buffer around the wetland basins.
' 989. Additional erosion and sedimentation controls will be implemented as needed, such as
' 9827 ~ diversion berms, fiber logs and drainage swales to protect wetland water quality and
81 ~ / habitat. The Site will operate under a MPCA NPDES permit and in accordance with a
~ w ~ stormwater pollution prevention plan prepared for the Site.
(!) O N~
98; < ~ m ~ h, An application for wetland replacement of two oithe smaller wetlands will be made
1004.
° c ~ ~ for wetlands 8 and 13, Replacement will be provided on Site in the same minor
,~rn ~~ watershed,
7~ ~
9
0
W --°--°--°--P Denotes Silt Fence
j ~959.t ----
° ~ -Denotes mining setback
i"
1 ~%%~ Denotes proposed replacement wetiantl
9
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Engineenng,~ue,
~ ~ a ~-
r rPWa-'.
CONSULTING CIVIL ENGINEERS
10830 NESBITi AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55437
(9521881-3344 TELEPHONE
1952881-0913 FAX
wirx.9undedvil mm
TILLER
CORPORATION
Lever Property
Elk River, MN
DATE REVISION
I HEREBY CERTIFY TNATTHIS PLW,
SPECIFICATION, OA REPORT WASPREPPRED
BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
PROFESSI OVAL ENGINEER UNDER THE UNJ5
OF THE STATED MINNESOTA
w~ Pay,
DATE BI3Df2010 REG. ND.: 21842
INFORMATION:
PROJECTNO,:
DRAWN BV: I
CHECKED BY'. i
APPROVED BY: I
SCRLE'.
GATE
DESCRIPTION:
Mining and
Phasing Plan
SHEET N0:
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EC 10 TWP.
A SHER6URNE
,. 9452 \9 95
945.4 1, Boundary information from ALTA
945.5 survey prepared by Loi Surveys
Company, Inc, dated
12-18-08.
945.2
\ 9a'° 2. Topographic mapping by
photogrammetricrnethods from
s46.6J g5~ Aero-metric, Inc. Aerial
~ ' ~ 52.2 photographs taken on April
~~ ~ cT ~~ 28,2004.
/ 34].1 y '~ ,
j ~ ~ ° ° ~ ~ 'I ~ ,N 3. Wetland locations from
9sNh ~ ' delineation by Applied
~ I ~ ~, Environmental Services, LLC
x 9451
III)(~1II~ `~ ~ dated August 11,2010
I. U 5.4 ,`
946 = ~~ 0 4. Legal Description of property
proposed for mining is OuUot C,
1 ~ ~ o Aggregate Commercial and the
1 ~ - ;; ti ~ North Half of the Southeast
94'
^\ ~. w ~ ~ °'9 Quarter of Section 10, Township
~ ~~I ~ ~~~ ~ 33, Range 26. Sherburne
o ' w ~ County, Minnesota
956., i i ~~ ~ d 5. Zoning information from City of
4'} ~ ~ m Elk River Zoning Map dated April
yyy ; I ~ ~ ~
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I~un~e,
', Engineering, ciic. :
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CONSULTING CIVIL ENGINEERS
10830 NE6BITTAVENUESOUTH
BLOOMINGTON, MINNESOTA 55437
(A52J 881-3344 1E3EPHONE
19521881-1913 FA%
ww,v.sundeavil.cam
TILLER
CORPORATION
Lever Property
Elk River, MN
GATE REVISION
I HEREBY CERTIFY THATTHISPfAN,
SPEGFICATION, OR REPORTWAS PREPARED
BY ME DR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER IHE LAWS
OF THE STATED MINNESOTA
Klrs n Pauly
DATE: Bf30/207D REG. NO: 27642
INFORMATION:
PROJECT NO:.
DRANM BY
CHECKED BY'.
APPROVEDBY:
SCAfE
DATE:
DESCRIPTIOk
Existing
Conditions
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ORDINANCE NO. 10-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-
1385 AND CHAPTER 42, ARTICLE II OF THE ELK RIVER CITY CODE OF
ORDINANCES RELATING TO THE MINERAL EXCAVATION OVERLAY
ZONING DISTRICT AND THE REGULATION OF MINERAL EXCAVATION
ACTIVITIES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1835 (d) of the Elk River City Code of Ordinances
shall be amended, and new Sections 30-1835 (e), (f) and (g) shall be added, to read as
follows:
(d) Zone Change Procedures and Requirements. Establishment of Mineral
Excavation Overlay Zoning on a specific parcel of land shall be by amendment to
the City Zoning map as provided by this article and pursuant to the procedures
and requirements set forth in Section 30-575 of this Code. Applications for a
zone change to the Mineral Excavation District shall only be approved upon a
finding that: (i) the requirements set forth in Section 30-575 of this Ordinance
have been met; (ii) the proposed zone change is consistent with the City's
Comprehensive Plan; (iii) the proposed mineral extraction activities will fully
comply with the applicable standards and requirements set forth in Chapter 42,
Article II, Division 2 of this Code; and (iv) the proposed activities will not be
dangerous or otherwise detrimental to persons residing or working in the vicinity
thereof, or to the public health, safety or welfare, and will not impair the use,
enjoyment or value of any neighboring property or use.
(e) Conditional Use Permit Procedures and Requirements. Applications for
Conditional Use Permits to allow mineral excavation activities shall be approved
pursuant to the procedures and requirements set forth in Chapter 30, Article VI,
Division 2, Subdivision III of this Code, and only upon a finding that: (i) the
standards for issuance of a Conditional Use Permit set forth in Section 30-654. of
this Code have been met; (ii) the procedures set forth in Chapter 42, Article II,
Division 2 of this Code have been fully complied with; (iii) the standards and
requirements set forth in Chapter 42, Article II, Division 3 of this Code have been
fully complied with; and (iv) the proposed mineral excavation activities will not
be dangerous or otherwise detrimental to persons residing or working in the
vicinity thereof, or to public health, safety or welfare, and will not impair the use
of, enjoyment or value of any neighboring property.
(f) The Council, in its discretion, may attach conditions to the issuance of a
Conditional Use Permit as provided in Section 30-655 of this Code.
(g) An application for a Conditional Use Permit to allow a specific mineral
excavation operation, if timely filed as provided by this article, may be processed
by the City and considered by the City Council along with an application to zone
the affected property into the mineral excavation overlay district.
Section 2. That the first sentence of Section 42-52 of the Elk River City Code
of Ordinances shall be amended to read as follows:
Application for an Extraction License, Conditional Use Permit and/or Zone
Change, as required by this division, shall be made in writing to the Council in the form
specified by the City Administrator. The application shall contain the following
information:
Section 3. That Section 42-52 (7) of the Elk River City Code of Ordinances
shall be amended to add new subpart (f), as follows:
f. A detailed map of the highways, streets, roads or other public ways, and
any private easements or private property, upon and along which the material
removed shall be transported (haul roads). The map shall identify all proposed
haul roads from the proposed excavation site to the Elk River corporate limits.
Section 4. That Section 42-52 of the Elk River City Code of Ordinances shall
be amended to add new subparts (11) and (12), as follows:
(11) Evidence that access to and use of all haul roads will be safe and that the
applicant has received approval by MNDOT for access to and use of state
highways, and approval by Sherburne County for access to and use of county
roads. Evidence of a right to access and use any private property or easement
required to access a public right of way or proposed haul road shall also be
submitted with the application. Approval to access and use City streets as haul
roads shall be at the discretion of the Council and will be considered by the
Council with the application.
(12) Evidence satisfactory to the City that the property proposed to be licensed
for mineral excavation does not include any wetlands. If the property does
include wetlands, the applicant shall submit, with the application for a mineral
excavation license and/or Conditional Use Permit to allow mineral excavation, a
wetland delineation map, wetland impact plan, wetland mitigation plan and such
other information as is required pursuant to Section 30-1851 (c) of this Code.
Section 5. That Section 42-53 of the Elk River City Code of Ordinances shall
be amended to read as follows:
Section 42-53. Issuance
(a) Upon referral of the application provided for in this division from the City
Administrator, the Council shall evaluate the application in accordance with the
applicable requirements of Chapter 30 of this Code, and the standards and
requirements set forth in this article.
(b) No application for an extraction license and/or a Conditional Use Permit
to allow mineral excavation activities on land which includes any wetlands shall
be presented to the Planning Commission or City Council for review unless and
until the process set forth in Section 30-1851 (d) of this Code has been completed
and the provisions, standards and requirements of Chapter 30, Article VI,
Division 10.5 have been fully complied with. Failure to complete the process set
forth in Section 30-1851 (d), or to comply with the provisions, standards and
requirements of Chapter 30, Article VI, Division 10.5, shall be cause for denial of
an application for a license or Conditional Use Permit.
(c) The Council shall issue an extraction license only upon a finding that the
proposed extraction activities will comply with the standards and requirements set
forth in this article and will not be dangerous or otherwise detrimental to persons
residing or working in the vicinity thereof, or to the public health, safety or
welfare, and will not impair the use, enjoyment or value of any neighboring
property. The Council, in its discretion, may attach conditions to protect the
public health, safety and welfare, to avoid traffic congestion or hazard, or to
promote conformity of a proposed use with the character of adjoining property
and uses.
(d) The Council shall issue a Conditional Use Permit allowing extraction
activities only upon a finding that the proposed extraction activities will: (i)
comply with the standards for issuance of a Conditional Use Permit set forth in
Section 30-654 of this Code; (ii) will comply with the standards and requirements
set forth in this article; and (iii) will not be dangerous or otherwise detrimental to
persons residing or working in the vicinity thereof, or to the public health, safety
or welfare, and will not impair the use, enjoyment or value of any neighboring
property. The Council, in its discretion, may attach conditions to the issuance of
a Conditional Use Permit as provided in Section 30-655 of this Code.
(e) The Council shall approve a zone change to the mineral excavation
overlay district only upon a finding that: (i) the requirements set forth in Section
30-575 of this Ordinance have been met; (ii) the proposed zone change is
consistent with the City's Comprehensive Plan; (iii) the proposed mineral
extraction activities .will comply with the requirements set forth in this article; and
(iv) the proposed activities will not be dangerous or otherwise detrimental to
persons residing or working in the vicinity thereof, or to the public health, safety
or welfare, and will not impair the use, enjoyment or value of any neighboring
property or use.
Section 6. That Section 42-54 (a) of the Elk River City Code of Ordinances
shall be amended to add new subpart (3) thereto, as follows:
(3) The estimated quantity of minerals to be extracted. If the quantity. of
minerals to be extracted is, for any reason, likely to exceed the original estimate
required in this article, the applicant or owner shall notify the Council of the
change in estimated quantity.
Section 7. That Section 42-54 of the Elk River City Code of Ordinances shall
be amended to add new subparts (c) and (d) thereto, as follows:
(c) As a prerequisite to the issuance of an extraction license or Conditional
Use Permit, the applicant shall reimburse the City for the City's cost of
processing and reviewing the application.
(d) After an extraction license or Conditional Use Permit has been granted,
the applicant shall reimburse the City for the cost of periodic inspections by the
City Administrator, Building or Zoning Administrator or other City employees
for the purposes of determining that the provisions and extraction license,
Conditional Use Permit and this article are being followed.
Section 8. That Section 42-74 of the Elk River City Code of Ordinances shall
be amended to add new subpart (4) thereto, as follows:
(4) Within any required buffer zone or setback area on the applicants or any
adjoining property.
Section 9. That Section 42-78 of the Elk River City Code of Ordinances shall
be amended to read as follows:
Section 42-78. Haul Roads and Access.
(1) No extraction license or Conditional Use Permit for the extraction of
minerals shall be issued unless and until the applicant has obtained approval from
the City, Sherburne County and/or the Minnesota Department of Transportation
for access to and use of all haul roads necessary to conduct extraction activities in
the proposed location. The City shall not approve access to or use of any public
right of way, including state or county highways or City streets, as a haul road
unless the applicant has demonstrated and the City Council has found that the
proposed access is safe and that use of the proposed access and the public right of
way for mineral excavation activities can and will be done in a safe manner and
will not be a danger to public use of the right of way. The City, County, or State,
in their discretion, may impose appropriate conditions on access to and use of all
public rights of way in the City, including City streets and county and state
highways, in order to ensure safe access to and use of these public rights of way.
The applicant shall be responsible for the cost of obtaining all necessary permits
and approvals, and for all costs associated with implementing or complying with
all conditions imposed by the State, County or City. These costs shall include,
but not be limited to, the costs of designing, permitting, testing, constructing and
maintaining the improvements, upgrades or expansions to haul roads in
accordance with applicable state laws and the specifications of the agency with
jurisdiction.
(2) No extraction license or Conditional Use Permit for the extraction of
minerals shall be issued unless and until the applicant has demonstrated and the
City Council has found that the applicant has the right to use any private property
or private easements necessary to access a public right of way and that the
proposed use of private property or easements can and will be done in a manner
that is safe and in compliance with all environmental and other standards and
requirements.
(3) The .City shall inspect the haul roads proposed to be used by the applicant
or owner and may require necessary upgrading or repairing of the haul roads prior
to their use by the applicant or owner. The extraction license and Conditional
Use Permit issued to the applicant shall designate the haul roads to be used and
the required upgrading or repairing. It shall be the responsibility of the applicant
or owner to maintain the haul roads in accordance with the provisions set forth in
the extraction license and conditional use permit. The City shall periodically
inspect haul roads to ensure compliance with the extraction license and
conditional use permit. During the period of or upon completion of the extraction
operations, the applicant or owner shall make any necessary repairs to the haul
roads as required by the City. All costs of inspection provided for in this
subsection shall be borne by the applicant or owner. The use of the haul roads
shall be further subject to any road and weight restrictions imposed by the City.
Section 10. That this Ordinance shall take effect upon adoption and be
published as provided by law.
Section 11. That Interim Ordinance No. 10-1, adopted by the Elk River City
Council on September 20, 2010, shall be terminated upon the effective date of this
Ordinance No. 10-
Passed and adopted by the City Council of the City of Elk River this day of
2010.
Stephanie Klinzing
Mayor
Attest:
Tina Allard
City Clerk
GP:2870697 v5
~r
TI LLE R
CORP4RAT14N'
Corporate Office:
P.O. Box 1984
7200 Hemlock Lane, Suite 200
Maple t;,rov~ Mintresota 55311-6890
December 14, 2010
Rebecca Haug
Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Request for Conditional Use Permit -Case No. CU 10-21
Dear Rebecca:
Tiller Corporation
and its oprmting divisions
Bart, sa<,a & travel co.
Comrvwmial Asphalt Co.
Barton Enterprises, Inc.
General• (763} 425-4141
Facsimile: (763} 425-7153
Web: www.tillexscorp.com
Tiller Corporation is aware that on December 13, 2010 the City Council adopted amendments to
ordinances relating fo the Mineral Extraction Overlay Zoning District and the Regulation of Mineral
Extraction Activities.. >n order ho comply with these amendments, we respecifuIiy request that the
City exfiend the time needed to review and act on our above referenced request and application.
SpecificaIIy, we ask that the City act on our application no later than February 22, 2011.
Please contact me if you have questions. I may be reached at 763 425-4191.
Sincerely,
TILLER CORPORATI N
Michae mn
Director of Land Use Affairs
r. Elk River Investments, LLC