6.1. SR 05-19-1997ITEM 6.1.
,_.,y of
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
River FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE:
SUBJECT:
CONDITIONAL USE PERMIT
REQUEST FOR MINERAL
EXCAVATION BY BAUERLY BROS.
CU 97-2
OVERVIEW
Bauerly Bros., Inc. are requesting a conditional use permit to excavate gravel
from an approximately 151 acre site. The location of the property in question
is east of Highway 169 and south of 225th Avenue. A vicinity map is
attached.
Bauerly Bros. are slightly different than most gravel miners in the fact that
they mine to produce product only for their own use; to be used in their road
construction business. The pit proposed will be active only when Bauerly
Bros. have a road construction job in the vicinity. They estimate the pit will
be active for twenty years.
The land affected by this request was included in the city's recent
Environmental Impact Statement (EIS) on mineral excavation. The land
included in the study was rezoned to ME/Mineral Excavation Overlay
District to put adjacent property owners on notice of the intent to mine these
properties. Therefore, the property in question is already zoned correctly
(ME) to allow gravel mining.
The subject property is close to the shoreland district for a pond attached to
Trott Brook, which lies to the east. However, no property included in this
shoreland district is proposed to be effected by the mining.
A check of the Biological Survey for Sherburne County does not show any
rare or endangered plant species or habitats. Further, the EIS did not
identify any threatened wildlife species on this property.
Attached is a draft conditional use permit for this request. This conditional
use permit contains standard language included in all permits for mineral
excavation. In Section 3, titled "Conditions", paragraphs 9 through 21
contain conditions particular to this proposal.
f.'\shrdoc\b &z\stever\baurcup.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441'-7425
ATTACHMENTS
· Vicinity map
· Site plan
· Cover letter from Bauerly Bros., dated January 21, 1997
· Letter from adjacent property owner, Jeff Lawson, dated April 7, 1997
· Letter from Bart Engineering regarding wetlands, with attached aerial
photo, dated April 7, 1997
· Memo from the City Engineer, dated April 16, 1997
· Draft conditional use permit
NEIGHBORHOOD CONCERNS
City staff facilitated a meeting between Bauerly Bros. and the neighbors
adjoining the proposed pit on March 5, 1997. The neighbors had the typical
concerns with dust, noise, etc. The conditions proposed by staff to address
these concerns seemed agreeable to those at this meeting. The neighbors
where also in agreement to allow Bauerly Bros. a chance to see if they could
crush gravel 24 hours a day and not be an intrusion to the neighborhood.
Bauerly Bros. had a further meeting with Jeff Lawson, who is the closest
neighbor to the proposed haul road. This haul road is proposed to be in the
location indicated on the attached site plan for the life of the pit. A letter
from Mr. Lawson is attached.
Staff received additional comments from a neighboring resident who was not
at the staff facilitated meeting. This resident was not against mining on this
property, but strongly recommended that berms be placed adjacent to 225th
Avenue and that this road be blacktopped by Bauerly Bros. to hold dust down
and for safety sake. Staff also asked the city engineer to review the safety
issue on 225th Avenue, his memo on this subject is attached.
GROUND WATER
In the mineral excavation EIS ground water levels under this site have been
estimated between 943 feet and 945 feet above mean sea level. Bauerly Bros.
are proposing to mine to an elevation of 947.
Mining can take place below ground water, but concerns for protecting it
increase. Staff is recommending Bauerly Bros. are a minimum of three feet
above ground water with their mining operation.
f.'\shrdoc\b &z\stever\baurcup.doc
With this as a condition ground water monitoring is probably not necessary
unless some problem arises. Bauerly Bros. are not proposing a wash
operation at this site. Further, a spill can be detected and cleaned up prior to
affecting the ground water. Major equipment repair is not proposed on this
site. Bauerly Bros. will be required to submit a thorough spill prevention
and control plan.
WETLANDS
Five wetlands have been identified on the site (see attached site plan and
report by Barr engineering). Bauerly Bros. have decided to avoid impacting
these wetlands by keeping mining activities a minimum of 100 feet away.
Additional wetland protective measures are listed in the draft conditional use
permit.
DUST
Because of the crushing proposed with this operation, an air emission permit
from the Minnesota Pollution Control Agency (MPCA) is required. In
addition, staff is recommending that water is used to hold dust down.
Bauerly Bros. have stated that they prefer to use Calcium Chloride, which
can be more effective, but it is a salt. Staff is concerned with the effects of
calcium chloride on wetlands.
Another dust issue is debris that will be left on Highway 169 from the
additional truck traffic. Bauerly Bros. have a street sweeper and will clean
this intersection as needed.
225TH AVENUE
There is a hill on 225tl~ Avenue between Highway 169 and the proposed
entrance to Bauerly's pit that does not allow for adequate site lines. Further,
a fiat landing on this road prior to Highway 169 is needed to safely handle
heavy truck traffic. At a minimum, to address these safety issues and to help
hold dust down staff is recommending that 225th Avenue from a point
east of Bauerly's pit access to Highway 169 is re-graded and
blacktopped.
Since Bauerly Bros.' proposal is the major reason causing the need for these
improvements, staff is further recommending they are responsible for
the materials and labor for installing class-V and blacktop. Shiely
company was required in a similar situation to build a turn lane on County
road #33. The Planning Commission felt strongly enough that these
improvements to 225tl~ Avenue are necessary to ensure this operation is safe
that they recommended Bauerly Bros. do not receive a gravel license in 1999,
if the improvements listed are not accomplished.
f:\shrdoc\b&z\stever\baurcup.doc
Staff does not feel it is reasonable to require Bauerly Bros. to do this entire
project, so we are not recommending they be responsible for the
grading needed to get the road in shape. Grading this portion of 225th
will be somewhat less than $10,000.
Further, it will be hard to justify assessments to other property owners
adjacent to this road since they are not causing the need for the
improvements and have large frontages. Staff is recommending the
grading portion of this project is taken from the Street Reserves or
Overlay Fund.
Another option for funding the city's portion of this project is landfill
surcharge. State Statute 115A.921, Subd. 1. directs that $.25 out of every
$1.00 the city collects in surcharge be used only for "purposes of landfill
abatement or for purposes of mitigating and compensating for the local risks,
costs, and other adverse affects of facilities". It may be possible that this
portion of landfill surcharge could be used to compensate the property owners
on 225th Avenue, who are the first ones down wind from the landfill, for the
dust and litter they contend with from that operation. The compensation
would be in the form of an upgrade of 225th Avenue without an assessment.
Hard-surfacing 225th Avenue would also help mitigate the negative effect of
dust from the landfill by eliminating dust caused by traffic on this road.
City Attorney, Kevin Johnson, is reviewing whether or not this is a
legitimate use of this fund. The abatement/mitigating/compensating portion
of the landfill surcharge the city collects is quite sizable with limited uses the
city can put it to. If the attorney deems upgrading 225th Avenue is an
appropriate use of this money, staff is recommending all of 225th Avenue
within the city limits is blacktopped without assessing the adjacent
property owners. Bauerly Bros. would still be responsible for the costs
previously outlined. If the council is in agreement with doing part or all of
this road, they need to direct the engineer to prepare the necessary plans and
solicit bids.
TREE PLANTING AND OAK WILT
A portion of the affected property is wooded. Bauerly Bros. are proposing
that farming be the end use of this property after reclamation with trees
replaced on the perimeter of the property.
The wooded areas that will be disturbed by this proposal are made up largely
of oaks. Therefore, oak wilt is of concern. The draft conditional use permit
contains stipulations to deal with oak wilt.
f:\shrdoc\b&z\stever\baurcup.doc
CRUSHING 24 HRS. A DAY FOR 25 DAYS
Their is a proposed crushing operation associated with this request. As
previously stated this will require an MPCA Air Emission permit. Bauerly
Bros. are proposing to reduce the number of days per year that they crush
gravel by doing it 24 hours per day verses the normal 12 hour day that is
allowed.
The neighbors surrounding the site indicated to city staff that they are open
to the 24 hour a day crushing with some reservations, noise being the
primary one. A precedent for 24 hour a day crushing has been established at
another Bauery pit in Elk River. In this other pit the adjacent neighbors
were willing to live with the extended hours to limit the number of days
crushing took place.
Staff is recommending that Bauerly Bros. are allowed to crush gravel 24
hours a day for a maximum of 25 days a year. If Bauerly Bros. can not run
theft crushing operation in a way that is compatible with surrounding
properties, this issue will be brought back to the Planning Commission and
City Council as a public hearing to review if these extended hours shall be
revoked.
BERMING
The site is somewhat screened from Highway 169. The other potential area
of screening that was discussed at the neighborhood meeting was in the
northeast corner of the site adjacent to 225th Avenue. It was undetermined
whether or not screening would be effective in this location because the
topography drops off sharply toward the area to be mined. Bauerly Bros. are
meeting with the residents in this location and staff will update the Council
at your meeting.
An area of potential berming that came up after the meeting with the
adjoining neighbors is along 225th. Staff recommends berms in this location.
FUELING/REPAIR
Bauerly Bros. will have a generator at this site, but it is contained along with
its fuel source in a semi-trailer. Further, fueling of vehicles will be from
tankers so no permanent on-site storage of fuels is anticipated.
No repair of equipment is proposed on site unless it is extremely minor.
Bauerly Bros. will remove equipment that is in need of repair to their shop
facility in Sauk Rapids.
f.'\shrdoc\b&z\stever\baurcup.doc
RECLAMATION FARMING
The final contours shown on Bauerly Bros.' site plan are consistent with
those proposed in the city's mineral excavation EIS. Bauerly Bros.' end use,
farming, is consistent with the city's comprehensive plan, which indicates
agricultural uses on this property.
Bauerly Bros. are proposing a series of ten acre phases. Staff is
recommending each previous phase is reclaimed prior to commencing on the
next, with some exceptions for areas containing haul roads and storage.
The draft conditional use permit has a number of conditions placed regarding
reclamation. The Council may wish to add language regarding tree planting.
RECOMMENDATION
The Planning Commission is recommending approval of Bauerly
Bros. request to mine gravel on the referenced property under the
stipulations addressed in the conditional use permit.
f:\shrdoc\b&z\stever\baurcup.doc
City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE'
cu 97-2
N
January 21, 1997
Bauerly Bros., Companies
Quality Asphalt Paving
Mr. Steve Rohlf
Zoning Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
Conditional Use Permit Application
Ernest and Doris Toth Property
Dear Steve,
As per the requirements of the City of Elk River ordinance, the following
information is being provided as part of our request for a conditional use
permit.
Bauerly Bros., Inc., is requesting a conditional use permit for the operation of
an aggregate processing operation (the miner) on the property of Ernest and
Doris Toth (the property owner). Ernest and Doris Toth's property is located
in the established mining district within the City of Elk River. Specifically,
the property east of TH 169 in the extreme NE corner of the district. The
complete legal description is as follows:
S: 3 T: 33 R: 26
PID #75-103-4201 91.19 acres
W 1/2 SE ¼ andW 1/2 SE ¼ SE 1/4
PID #75-103-4202
20 acres
E V2 SE ¼ SE ¼
PID #75-102-3401
40 acres
W 1/= S 1/2 SW 1//4
151.19 Total Acres
The purpose of the proposed extraction is for the mining, processing and
storing of aggregate materials for use on state, county, township and other
local road construction projects. We estimate the time to mine this gravel
4 78 7 Ntt',),'. Z3 N.E. · Sauk Rapids. i~[~¥ 56,3 79-9(590
612-251-9472 o Fa.¥ 612-251-0011
Ail Equal Opportunity Employc~
area to be approximately twenty years, with the final acreage restored
within one year following the final year of processing. Mining and restoration
will take place in 10 acre increments (phase 1 is slightly over 10 acres and
phase 2 is slightly under). After the first 10 acres have been mined, we will
begin processing on the adjacent 10 acres while restoring the previous
acreage mined (as indicated on contour map). Our crushing operation will
move across the property as staging occurs. The crushing will be
accomplished with a portable crusher that will operate approximately 20 to
35 working days per year. This could vary by the amount of work in the
area and is an average over the next five (5) years. Please refer to the
attached diagram for the layout of our aggregate processing equipment. We
are further requesting permission to operate our mining process 24 hours a
day. Minimal maintenance will be done on site.
There are no buildings, lighting or easements existing or proposed.
There will be little to no runoff from the operations of the aggregate
processing. Included in this packet is a copy of our NPDES permit for the
regulation of storm water. If necessary, surface water is managed using
detention basins along with berms and silt fencing to capture sediment prior
to discharge from the property. Because our intentions are to prevent runoff
as described by our NPDES permit, we did not research the estimated runoff
of the area based on 10 and 100 year storm events. We will not be using
water to process any of the mined material, therefore there will be no
disposal or re-use of any water. The water table is estimated at 943' to
945'. A well does exist on parcel #75-103-4201 (#500316).
A map delineating wetlands has been included. Bauerly Bros., Inc. will not
operate within 100 feet of the indicated wetland areas. This distance should
aid in our efforts to avoid creating "peaks" around the wetlands and
protecting the integrity of the wetlands.
Dust will be controlled by watering of haul roads and transfer areas.
Stockpiles will be strategically placed around the crushing operations to help
reduce the transfer of noise. Our intentions will be to build a berm along the
west end of the north property line (225th Street) in an effort to screen the
site. However, this will not be accomplished until we are actually mining in
phase 2 where the berms will physically be. Safety fencing will be placed in
areas where slopes exceed 1:1.5. Warning signs will also be placed near
these perimeters.
There will be no use of explosives. We will be mining to an overall depth no
less than approximately 950 to 947'. The current use of this property and
the adjacent land is agricultural. The Minnesota County Biological Survey
from the DNR references no natural community or rare species on the subject
property. There appears to be less than 3" of topsoil on site.
Our operations will result in truck traffic of approximately 6 to 8 trucks on
average. Our drivers are paid by the hour and not by the load. We strictly
enforce safety rules and traffic laws with our drivers.
For sanitary purposes, a portable satellite will be provided at the site and
services a minimum of once each week.
No trees will be removed between April 1 5 and July 1 5th of any year during
operations. No tree stumps or limbs will be left exposed after clearing
processes are complete. Trees along the property lines will not be removed.
This will serve as a buffer zone between the site and adjacent property
owners. In phase 1, approximately 10 trees will need to be removed along
the fringe of the field. No further removal will be done so that the existing
barrier may remain between the crushing operation and Jeff and Theresa
Lawson's property.
Restoration of the site will included;
· Final slopes will be a maximum of 4: 1.
· Topsoil will be stockpiled and restored to the site equivalent to the
existing amount for the purpose of re-establishing vegetation for
the current use, which is farming.
· Slopes to water bodies will be no more than 4:1.
· The entire site will be reestablished with vegetation by planting
seeds and legumes native to the area.
· Any trees that must be removed along property lines will be
replaced with seedlings.
Proposed elevations for restoration purposes are indicated by the dark broken
line on the contour map.
Thank you for your consideration of this permit.
Sincerely,
Laurie Seifert-Kissner
Environmental Specialist
Bauerly Bros., Inc.
April 7, 1997
Dear Bauerly Bros., City of Elk River Planning/Zoning Comm/ssion, and Steve Rohlf,,
As a result of our initial meeting, I would like to address several issues and get
them resolved before April 22. I think it behooves all sides to get these issues behind us to
provide a smooth CO-EXISTENCE in the coming years. I will be referring to some of the
suggestions by the ZONING administrator at the first meeting. As a result of phases 1 &
2, my residence and family will be subject to much of the brunt of this operation, initially,
so ifthe first phase can be implemented with satisfaction, it will provide a guideline for the
rest of the phases.
~SSU~S;
SCHOOL BUS TRAFFIC: Presently there are (2) buses in the morning 6:40 am &
8:05 am. There are also two (2) drop offs after 2 p.m. Additionally, this summer
there will be a 9:00am. &12:00 BUS for Pre-School pick-up/drop off. Day Care
traffic must also be considered at early morning hours and ~ evening rush hour. After
the tragedy in MONTICELLO, it is imperative that SIGNS be posted for MAX.
SPEED LIMIT and any other PREVENTATIVE measures be implemented.
The ROAD ENTRANCE that is prescmtly planned DOES PRO _VIDE ADEQUATE
VISIBILITY in both directions. One sign should be posted at the top of the hill, up
from the Kregers driveway entrance, ~o warn in-bound traffic. Visibilit~ will be
adversely affected by the dust; so if the road is not asphalted, then the water truck
MUST BE USED frequently.
TRUCKS CANNOT BE ALLOWED TO TURN RIGHT FROM THE GRAVEL PIT
TO EXIT. The pit entrance to highway 169 should be the only allowed route. If there
are nor provisions for this, then all bets are off'.
· PRESEN'll,Y, GRAVEL TRUCKS ARE TKAVELING AT EXCESS SPEg. lbS TO
AND FROM PITS IN LIVONIA TOWNS~rrv~ ON THIS SAME ROAD. THEy
HAVE NOT TAKEN ANY .RESPONSIBILITY TO WATER THE ROAD_QBEY
__THE SPEED LIMIT, OR EXIT THE OTHt~_D_IRECTION (WITHIN LIVONIA_
.TOWNSI-flP). _.WHICH IS A SHORTER DISTANCE. I will personally work with
Steve Rohlf, to correct this situation. _L~_al in_'nmOions are an option for the residents
on this road that have small children, and DAY CARE facilities. My expectations are
that the City of EI.K RIVER will be PRO-ACTIVE and address it expeditiously with
LIVONIA TOWNSHIP and the gravel mining co~.
· KOAD ACCESS to the "PIT": Road needs to be paved. If not, then mandatory
watering should be required at routine intervals. Turn lanes should be required.
Access to the farm will go on for years, so I don't see this as an unreasonable request;
as suggested by Steve Rohff.
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HOURS OF OPERATION: Per Steve Rob. if: There is no god given fight to work 12
hours. Ne4ghborhood poople would prefer the same hours a~ we work: ? am -5 pm
Monday thru Friday. Saturdays should be few and far betw~-n with prior approval
required. City ordinance needs to be revised fi.om 7 -7 p.m. to 7am - 5 lXa Residents
that pay taxes to the city, county and state should be able to enjoy any time offthat
they can get, without having to endure additional disruption with out any economical
benefit.
· CRUSHER. hours of operation and location: TBD. Summers are short enough.
Location will depend on noise, vibration and aestetics.
RECLAMATION PLAN in PLACE w/FUNDING: FINAL approval must meet EIS
GUIDF~INES. Use of land (zoning) ~er reclamation? We have been told that the
City of Elk River, will hold a bond, until reclamation is finished w/each phase.
Koad path to rest of farm on subsequent phases: Even after initial phases are
complete, this mad will stay in place; therefore, location is critical, due to dust, noise,
drainage, aestetics, and vibration. Consulting w/Dave Bauerly, he bas committed to
working with us on this, and any issues that may arise. This may include black-top or
romine watering.
SET-BACKS: h is felt that 50 feet is not sufficient, espedally with Arabian horses
grazing on this side of the fence. Fifty (50) yards should be minimum set-back to this
back line. The Valley delXh will not provide additional mining opportunities. Atter
fi~rther revi~v of phases 1 & 2 boundaries, w/Dave Bauerly, this should not be an
issue with my property. There is not alot of opportunity between the road location
and adjacent property ~ location to mine the valley and be able to retain a 4:1 dope
requirement.
NOISE: Clauses are provided to correct problems that may arise daring the operation.
Ai~er discussion w/Dave Bauerly, it has been emphasized to keep ALL NATURAL
BERMS in place (Wooded ridges) that will provide NATUKAL SCREENING for
NOISE and DUST. Clauses should be added ~o REQUII~E common s~nse use of
Natural barder~ for prevention of noise, dust and aestcqics.
DUST: Because of the condition of my wife's allergies, it is imperative that we
minimize dust from tl~ operation. It should be noted that the ELK RIVER
LANDFILL shu~ down operations on very windy days. There should also be
provisions for this that apply to gravel pit mining.
PROVISIONS should be included for ke~.,ping the turn lanes, the median and general
condition of the 225th & Baldwin Ave. nw. in accepiabte driving condition without
additional assessments by the neighborhood taxpayer.
Everyone's cooperation is appreciated.
Sincerely,
Jeff Lawson 22715 Baldwin Ave. N.W. EIk River
£/¢ 'a 999~'ofl 3¥~ YE~Tfl ~6~:~I L66I'tI'~d¥
Engineering Company
8300 Non'nan Center Drive
M~nneal~otis, MN 5543 7-1026
tRbone: (612) 832-2600
Fax: (612) 832-2601
555 West 27th Street
Hit~b~ncj, MN 55746
Phone: ¢18) 262-3465
Fax: (218) 262-3460
202 West Superior Street
Duluth, MN 55802
Phone: ¢18) 727-5218
Fax: ¢18) 727-6450
April 7, 1997
Ms. Laurie Seifert-Kissner
Bauerly Bros., Inc.
4787 Shadow Wood Dr., NE
Sauk Rapids, MN 56379
Re: Wetland Delineation
Dear Ms. Kissner:
Enclosed is an aerial photograph showing the limits of the wetland investigation conducted on the
proposed mining site located on the SE¼, SW¼ and NW¼ of the SE¼ of Section 3 (T33N, R26W) in
Elk River. The field investigation of the property was completed on April 4, 1997. The site boundaries
and five wetland areas are delineated on the aerial photograph.
The site was investigated for wetlands according to the Routine On-Site Determination Method
specified in the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Edition). The
wetlands were delineated with the assistance of aerial photography and subsequently verified during
the field investigation. Since the delineation was conducted prior to the growing season, the results
should be considered preliminary.
The field investigation occurred under mild early spring conditions. Most of the area was free of snow
cover except for some patches in woodland areas. Several small ponded areas were still frozen and
could only be assessed from the characteristics of soil and vegetation noted at the edge of the ponds.
Ponded/flooded areas that may meet the criteria of a wetland were delineated as wetland. However,
it is questionable whether the soil and/or the vegetative criteria of a wetland would be met in Wetland
No. 1. This area was delineated as wetland in the absence of available soil and vegetative information
due to flooding.
The other areas delineated as wetland (No's 2,3,4 and 5) have a significant presence of hydrophytic
(wetland) vegetation which is indicative of wetlands. Cattail, sedge, bulrush and reed canary grass
were the dominant forms of vegetation in these wetlands.
Laurie Kissner
April 7, 1997
Page 2
The saturation of the soil, attributed to the recent snow melt, made it difficult to assess hydric soil
indicators such as soil color and chroma. However, hydric soil indicators were noted at the edge of
most of the wetlands with the exception of Wetland No. 1.
If you have any questions regarding this wetland delineation, please contact me at 832-2724.
Sincerely,
Rick Lestina
Wetlands Biologist
CON~['LTINGENG[NEER~
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax: 612-644-9446
April 16, 1997
File: 230-356-11
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
BAUERLY BROTHERS, INC.
CONDITIONAL USE PERMIT
Dear Mr. Rohlf:
CIVIL ENGINEERING
ENVIRONMENTAL
N~OPAL
~NNING
SOLID WASTE
STRUCTURAL
SURVEYING
TRAFFIC
TRANSPORTATION
As you requested, I have reviewed the Bauerly Brothers, Inc. Conditional Use Permit
(CUP) Application for an aggregate processing operation on the property of Ernest and
Doris Tolthe, located off of 225th Avenue. As we discussed, my review has been
primarily from a traffic standpoint. I have reviewed the information provided by Bauerly
Brothers and the letter submitted by Jeff Lawson of 22715 Baldwin Avenue, as well as
making a site visit and discussing the issues with Phil Hals, Street Superintendent.
I believe the concerns from a traffic standpoint can be broken down to three main issues:
Dust control and/or the hard surfacing of the access road from the plant and 225th
Avenue to TH 169.
ELECTRICAL/MECHANICAL
ENGINEERING
HVAC
POWER DISTRIBUTION
SCADA
SYSTEM CONTROLS
'FICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
Safety issue as to whether or not adequate sight distances are available to elimi-
nate conflicts between trucks accessing the plant and vehicles using 225~h Avenue.
3. Issue of the landing area as 225th Avenue approaches TH 169.
The information provided by Bauerly Brothers indicates that truck traffic will result in
approximately six to eight trucks on average. This statement is rather confusing. Does
this mean there will be six to eight trucks hauling on an average day and, if so, how
many trips are these trucks expected to make? What really is important is how many
truck trips would be expected on an average day during the summer and also how many
truck trips will be added to 225th Avenue annually over the 20 year operation of the
aggregate plant. I believe it would be safe to assume that during the construction season
when the aggregate product is being used that the number of truck trips add to 225th
Avenue can be expected to be substantial as compared to current traffic on the road.
An Equal Opportunity Employer
Mr. Steve Rohlf
April 16, 1997
Page Two
Therefore, I believe it is not unreasonable to expect Bauerly Brothers to participate in the
hard surfacing of 225t~ Avenue from their plant to TH 10. This would also seem to be
consistent with how the City treated other similar applications. However, after
reviewing the situation with Phil Hals, it is not as simple as just paving that section of
roadway. Currently, the roadway section is substandard and not ready for paving. There
should be additional work done to the roadway to establish ditches and drainage, along
with a better landing area at the intersection with TH 169.
The other issue that complicates this is the existence of additional gravel operations just
out of the City of Elk River in Livonia Township that also use 225~h Avenue to access
TH 169. As a compromise, I would suggest that through the CUP application, Bauerly
Brothers, Inc., be required to participate to a certain level in the upgrading of 225th
Avenue either now or sometime in the near future. The timing to be determined by the
City of Elk River, since they will also have a participation in the upgrading of that road.
Bauerly Brothers' contribution could either be in the form of cash or in-kind services
such as gravel and/or bituminous sUrfacing.
With regard to the issue of safety and visibility for trucks accessing 225~h Avenue from
the plant operations, I would suggest that appropriate signing indicating to vehicle traffic
on 225~ Avenue that there is a plant access and may be slow moving vehicles accessing
225~h Avenue would be appropriate.
If you have any other questions regarding this application, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
TJM:kh
356-1605.apr
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of
, 1997, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City), and
BAUERLY BROS., INC., 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 west half of the southeast quarter (W1/2 of SE 1/4), and
the west half of the southeast quarter of the southeast quarter (W 1/2
of SE 1/4 of SE 1/4), and
the east half of the southeast 1/4 of the southeast 1/4 (E 1/2 of SE 1/4 of
SE 1/4),
all in Section 3, Township 33, Range 26, Sherburne County,
Minnesota.
Also the west half of the south half of the southwest quarter (W 1/2 of s
1/2 of SW 1/4), Section 2, 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 May 19, 1997,
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 License Agreement and Conditional Use
Page 2
Permit Agreement with City so as to fully comply with the City's Mineral
Excavation, Zoning, and other applicable Ordinances; and
WHEREAS, the City's Zoning Ordinance requires that a Conditional
Use Permit be issued and that a Conditional Use Permit Agreement for
mineral excavation ]~e enterecl 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,
together with the License Agreement 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 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.
(O2)
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 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 of area and
amount of material to be mined in the following year. This is to
be done at time of license renewal.
\\elkriver\sys\shrdoc\b&z\stever\gravcup2.doc
(O4)
(05)
(06)
(O7)
(08)
(09)
Page 3
The license must be renewed annually and shall run from
January 1st through December 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
license fee is not in lieu of gravel tax collected by the County
and a portion of which the City receives.
Violations of this Conditional Use Permit may result in
suspension or revocation.
The City Building and Zoning 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.
The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agencies.
No explosives shall be allowed for this operation.
Reclamation
Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
operator.
bo
Each year a plan for that year's reclamation shall be
approved by the Building and Zoning Administrator prior
to issuance of the annual mineral excavation license.
The reclamation shall include top soil from the site being
preserved and put back into place after mining.
do
The vegetation established for the reclamation must be
maintained until it is self sufficient.
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.
go
Each ten (10) acre phase shall be reclaimed prior to work
commencing on the next phase, other than areas that
must remain part of the mining activity such as haul
roads and storage.
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Page 4
(10)
(11)
(12)
Traffic
ao
Except for localized jobs, traffic through Elk River
associated with this operation shall be limited to U.S.
Highway 10 and 169. Haul trucks shall not be allowed to
make right turns onto 225th Ave. when exiting the
property.
Dust Control
A permit from MPCA regarding air emissions shall be
obtained when required and particulate emission
standards shall be met by the operation.
bo
All equipment shall be located as to reduce dust to
adjacent properties.
C°
Water, but no chemical agents, shall be used to control
dust as necessary.
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,
requiring routine sweeping of US Trunk Highway 169 at
its intersection with 225th Ave. and temporarily closing
the facility.
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 p.m.,
Monday through Saturday with the following exception:
Crushing may take place twenty-four hour a day for a maximum
of 25 days per year, provided that this operation does not
unreasonable annoy adjacent property owners. Problems
arising from the extended hours (including, but not limited to,
dust, traffic, glares, noise, etc.) shall first be directed to
Bauerly's for resolution, then to city staff if need be, and finally
to the Planning Commission and City Council of the City of Elk
River (with public hearing) to determine if the extended hours
shall be revoked.
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Page 5
(13)
(14)
(15)
(16)
(17)
(18)
Noise
ao
The noise from screening and crushing associated with
this operation shall be controlled by equipment location
on site, the placement of stock piles, and the type of
equipment used.
Noise levels associated with this operation, shall at no
time exceed State standards.
Co
The City reserves the right to require additional
measures be taken, if warranted by noise.
Equipment Maintenance
The operator shall have an approved hazardous waste
license and properly dispose of or recycle all waste.
b. Only minor incidental repairs shall be allowed on site.
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 25 feet of a dwelling, or
more than .5 foot candles on any part of the adjacent property.
The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on this site.
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:
The operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan in
the event there is a spill.
\\elkriver\sys\shrdoc\b&z\stever\gravcup2.doc
Page 6
bo
The operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
Co
All fueling equipment must comply with appropriate state
and federal regulations.
d°
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 4
working days.
The addition of a wash plant to this operation shall
require an amendment to this permit.
Mining activities shall be a minimum of 3 feet above
ground water.
The city reserves the right to require the establishment of
on site ground water monitoring wells and the
monitoring of site wells if warranted by problems arising
from the operation.
ho
The appropriate storm water permits shall be obtained by
the operator from MPCA.
i. On site sanitation facilities shall be provided.
jo
Wetlands on the site shall not be adversely affected.
Mining activities shall not be allowed within one hundred
(100) feet of the ordinary high water mark of wetlands on
or adjacent to the property. The city may impose
additional restrictions to the operation if warranted by
conflicts with wetlands and shall order restoration.
(19)
Fencing and signs [every fifty (50) feet] warning of the inherent
dangers associated with the operation shall be installed and
maintained where slopes exceed 1:1.5.
(20)
To prevent oak wilt, tree removal necessitated by the operation
shall not be conducted between April 15 and July 15 and oak
stumps shall be grubbed out prior to April 15. Mechanical
damage to trees not being removed shall be avoided.
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Page 7
(21)
Six (6) foot high berms and two rows of four (4) foot high spruce
with ten (10) foot spacing shall be erected adjacent to the entire
length of 225th Ave. during the first year of operation in phase
two, as identified in the attached plans.
(22)
The operator is responsible for cost of materials and labor for the
installation of class-V and bituminous on 225th Avenue from the
pit access to US Trunk Highway 169. Further, a mineral
excavation license shall not be issued for this operation in 1999,
if the above mentioned improvements to 225th avenue are not
completed by November of 1998.
4.) 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.
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Page 8
(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 and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at:
Bauerly Bros., Inc.
Attn: Laurie Seifert-Kissner
4787 Highway 23 N. E.
Sauk Rapids, Minnesota 56379
(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
FEE OWNER (S) OF PROPERTY:
By: By:
Its: Mayor
By: By:
Its: City Administrator
OPERATOR:
BAUERLY BROS., INC.
By:
By:
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Page 9
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1997, by Henry A. Duitsman, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1997, 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
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day
of , 1997, by , the of
Bauerly Bros., Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
\\elkriver\sys\shrdoc\b&z\stever\gravcup2.doc
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Page 10
The foregoing instrument was acknowledged before me this __ day of
, 1997, by , the of
Bauerly Bros., Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
, 1997, by , the fee owner of the
subject property.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
, 1997, by , the fee owner of subject
property.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Zoning Department
13065 Orono Parkway
PO Box 490
Elk River, MN 55330
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