6.1. SR 08-18-1997ITEM 6.1.
City of
River
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING
AND ZONING ADMINISTRATOR
AUGUST 18, 1997 ~--
CONDITIONAL USE PERMIT FOR
MINERAL EXCAVATION AND
HOT-MIX ASPHALT PLANT BY
TILLER CORPORATION CU 97-19
REQUEST:
Tiller Corporation is seeking a conditional use permit for mineral excavation
(gravel mining) on a 133 acre site. The proposed site is Zoned ME- "Mineral
Excavation Overlay District" and was studied as part of the City's
Environmental Impact Statement (EIS) on Mineral Excavation.
In addition, Tiller is proposing to relocate their hot-mix asphalt plant to this
site. This plant is currently located in the southwest corner of the
intersection of Co. Rd. #33 and Highway 169. The hot-mix plant is
considered a related facility to the gravel mining and may be reviewed under
the same conditional use permit process.
ATTACHMENTS:
Mineral excavation application by Tiller corporation, dated June 24,
1997. This document contains a description of the proposed operation
including reclamation plans. The legal description and a vicinity map of the
subject property is also included in Tiller's application.
A letter dated, July 14, 1997 from John Lichter of B. A. Liesch and
Associates, City Environmental Consultant.
A letter dated, July 16, 1997 form Terry Maurer, City Engineer.
Draft conditional use permit. The draft conditional use permit attached
contains staffs recommended conditions of operation for this request.
f:\shrdoc\b&z\stever\tilrcup.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
REVIEW:
Wetlands, ground water and surface run-off:
Review of aerial photos and the wetland inventory map have not indicated
the presence of any wetlands on the subject property. Some intermittent
wetlands are difficult to identify without field research. Staff has no reason
to believe there are any wetlands on site, but if one is discovered appropriate
actions will be taken according to the Wetland Conservation Act.
Tiller is proposing to have a 5 foot separation between ground water and
mining activities. If mining was proposed to take place into the ground water
additional stipulations would have been placed on the operation. The
attached conditional use permit states that an amendment is required to
mine into ground water.
Wash operations are not being requested at this time. Staff is concerned with
the effect a wash operation at this site would have on the lateral migration of
ground water contamination associated with the Elk River Landfill. To allow
gravel washing in the future it will take an amendment to this permit and in
depth analysis.
Staff is not recommending periodic well sampling as a condition on this
operation. The landfill samples wells within 2,000 feet of their property
yearly, which will most likely include the potable water supply at this site.
The lack of wash operations at this site and a five foot buffer between mining
activities and ground water further reduces concerns.
Above ground fuel tanks and a septic system are proposed at the site. Tiller
has added these details as well as a proposed building for their staff to their
site plan for hot-mix asphalt plant.
The operation is required to have a NPDES permit from the Minnesota
Pollution Control Agency (MPCA). This permit regulates storm water run-
off. As part of the NPDES permit a "Storm Water Pollution Prevention Plan"
is required.
The City Engineer also reviewed storm drainage on the site. Tiller's plan will
necessitate a storm water retention pond without an outlet in the northwest
corner of the intersection of 221st Ave. and Highway 169. This is not
necessarily a problem, but rather is it is Tiller's decision.
f:\shrdoc\b&z\stever\tilrcup.doc
Roads and traffic:
At a minimum, Tiller is proposing to pave 221st Ave. from their pit entrance
to Highway 169. Two other mining companies, Midwest Asphalt Corporation
and C. S. McCrossan Const., Inc., own the land west of Tiller to the city's
railroad hiking trail. Tiller has indicated that they may try to get these
companies to cooperate in a project that would pave 221st from the hiking
trail to the highway. The specifications for doing this must be approved by
the city engineer.
Tiller's alternative reclamation plan also shows 221st Ave. being lowered.
This will have to be reviewed and approved at a later date with the ultimate
end use of the property in mind.
There are currently south bound and north bound turn lanes on Highway 169
at the intersection 221st Ave. Tiller is proposing to add an acceleration and
deceleration lane, such as those at intersections on Highway 169 with similar
traffic. The City Engineer has made initial contact with MNDOT regarding
these lanes. MNDOT is willing to construct these lanes as part of a 1998
construction project at a cost of $25,000 per lane or $50,000 total. Tiller
should be required to financially participate.
The subject property is located both north and south of 221~t Ave.. Tiller is
seeking permission to transport product from the south side of 221st Ave. to
the north side via a culvert and conveyor under the road. This is similar to
what they are doing under Proctor Ave. now and eliminates a good deal of
traffic crossing 221st.
Staff is recommending berms that are a minimum of 4 foot high along the
roadways adjacent to the project for safety and also screening. These berms
will be constructed as overburden material from adjacent phases is
generated. However, the berms adjacent to the hot-mix asphalt plant will be
constructed by the end of the 1998 construction season. Guardrail may be
used in lieu of berms at locations such as the proposed culvert under 221st
Ave.
Tiller is currently mining product at the Elk River Landfill site adjacent to
the northern boundary of this proposed pit. An internal roadway from the
Landfill to this site is proposed. This roadway will eliminate the need for
trucks to go onto Highway 169 to gain access to the scales on the proposed
site. Staff is not opposed to this road, but is recommending it is not located in
the 200 foot buffer area required of the landfill or on Tiller's property within
the 200 feet adjacent to the railroad hiking trail.
f:\shrdoc\b&z\stever\tilrcup.doc
Trees and screening:
"The Natural Communities and Rare Species of Sherburne County Map"
identifies an oak forest, mesic subtype, on the subject property. The removal
of these trees was identified and reviewed in the City of Elk River's
Environmental Impact Statement on Mineral Excavation.
Staff is recommending a 200 foot strip of trees is left in the northwest corner
of the site to act as a buffer for the city's railroad hiking trail. The other
areas it would be logical to leave trees where they would not interfere with
mining activities are adjacent to 221st Ave. and Highway 169. Regrettably,
very few trees exist in these areas. Staff is recommending trees be planted
within the required 50 foot setback adjacent to these roadways. Further,
staff is recommending spruce be planted on the berms as they are
constructed. The draft CUP reflects these recommendations.
Hours of operation:
Staff is recommending that mining activities take place during the normal
hours allowed, 7:00 a.m. to 7:00 p.m. However, in addition to these hours
staff is recommending the asphalt plant be allowed extra hours to operate on
special occasions. An example of a special case was the recent paving of
Highway 101, which had to take place at night because of traffic concerns.
Noise, vibration and lighting:
The conditions in the draft CUP regarding these issues are typical language
for a gravel mining permit and have worked well in the past.
Fencing:
Tiller is proposing to fence their entire site with a four foot high woven wire
fence. Warning signs should also accompany this fence.
Odor:
The conditions regarding odor in Tiller's current asphalt plant permit have
been added to their new permit. These conditions include a review process by
the city and ultimately revocation of the permit, if necessary to resolve odor
problems.
f:\shrdoc\b&z\stever\tilrcup.doc
Si~na~e:
Although the subject property is zoned agricultural, the use is industrial in
nature. Staff feels it is legitimate to allow the same signage as allowed in an
industrial zone, except for billboards. This is consistent with similar
requests.
Air emissions:
Besides the normal concerns with gravel mining regarding air quality, mostly
dust, there are an entire host of additional concerns with the asphalt plant.
The recommended conditions in the draft CUP adequately address these
concerns.
Reclamation:
Tiller indicated in their application that the projected life of the operation is
20 to 25 years and the site will be mined in phases. There is no reason for
this site to wait until all of the property is mined before reclamation begins.
Tiller's phasing plan appears adequate.
Tiller's application actually contains two reclamation plans. There is sheet 2
of 2, which acts as an interim reclamation plan until the properties adjacent
to the subject property are mined, and the alternate reclamation plan (Figure
4) which reflects the true proposed final contours.
Tiller's reclamation plan is somewhat inconsistent with the final contours
shown in the city's EIS on mineral excavation. Both plans show Highway
169 at its current elevation. Both plans also have about the same elevation
proposed on the west side of the subject property. But, the plan in the EIS
shows this loss of elevation a lot more gradual. Further, the Tiller plan for
their property north of 221st Ave., unlike the EIS plan, shows a loss of
elevation from west to east. This will necessitate the retention pond
previously discussed.
However, staff is okay with Tiller's plan. The main purpose of the elevations
in the EIS are to ensure consistency from one pit to the next. Tiller's
elevations on the west side of their property are close enough to tie into the
adjacent parcel and needing a retention pond on their site is their decision.
Tiller's plans appropriately reflect the berms and trees being left after
reclamation in the 50 feet adjacent to 221st Ave. and Highway 169 as well as
in the 200 foot buffer adjacent to the city's railroad hiking trail.
f:\shrdoc\b&z\stever\tilrcup.doc
RECOMMENDATION:
Staff feels the application submitted by Tiller Corporation for mineral
excavation and a hot-mix asphalt plant, under the conditions stipulated in
the attached conditional use permit, is in compliance with the City of Elk
River's Mineral Excavation, Zoning, and other applicable ordinances and the
City's Environmental Impact Statement on Mineral Excavation. Therefore,
staff and the Planning Commission are recommending approval of
Tiller's request.
f:\shrdoc\b&z\stever\tilrcup.doc
LI= CH
B.A. LIESCH ASSOCIATES, INC.
July 14, 1997
13400 15TH AVE. N.
MINNEAPOLIS, MN 55441
612/559-1423
FAX: 612/559-2202
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Tiller Corporation, Application for Mineral Extraction and Hot-Mix Asphalt Plant
License
Dear Steve:
I am writing to recap items we discussed today concerning this application dated June 24, 1997.
Plan Review
A mineral extraction phasing plan was not included in the application.
plan was not included in the application.
The hot mix plant site
Utilities
Tiller proposes one well and a septic tank to provide water supply and sanitary facilities. No
washing operation is proposed. If any truck maintenance or garage floor drains are proposed
Liesch suggests the use of an oil water separator or holding tank be considered.
Wetlands
I reviewed the wetland maps included in the EIS and concluded no apparent wetlands are located
on the property included in the application.
Environmental Compliance
Based on the facilities described in the application, Liesch suggests the City request the
following documents as part of the licensing process.
Air pollution permit applications.
Stormwater pollution prevention plan required in the Stormwater NPDES permit.
Spill Prevention Control and Countermeasure Plan required if aboveground storage tanks
exceed regulated volumes.
Page 2
July 14, 1997
Steve, please call if you have any questions.
Sincerely,
B.A. LIESCH ASSOCIATES, INC.
John Lichter, P.E.
Thanks.
maw:lt970714a.wp/GO
B.A. LIESCH ASSOCIATES, INC. 13400 15TH AVENUE NORTH MINNEAPOLIS, MINNESOTA 55441
Howard R, Green Company
CONSULTING ENGINEERS
July 16, 1997
File: 800720J-0240
CONS[tTINIi £iliINEEII~
Mr. Steve Rohlf
Building & Zoning Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE:
TILLER CORPORATION MINERAL EXTRACTION AND HOT-MIX ASPHALT PLANT
PERMIT APPLICATION
Dear Mr. Rohlf:
As you requested, we have reviewed the package of information submitted by Tiller Corporation
concerning their request for a mineral extraction and hot-mix asphalt plant permit. As you are
aware, the property in question is approximately 130 acres of land located in the northwest
quadrant of 221st Avenue and TH 169. There is a small portion of the property in question that is
south of 221st Avenue. Much like the plant along Proctor Avenue, the proposal is to operate both
sides of the road utilizing a culvert conveyor system under 221 st Avenue. The application indicates
that it will take approximately 20 to 25 years to complete mining the entire site.
We have reviewed this permit application from two standpoints, one being drainage and the other
being transportation considerations. With regard to these two issues, we would offer the following
comments:
1. DRAINAGE
The permit indicates that during the mining operation, surface water drainage will be
directed to Iow areas within the property. No surface water drainage is expected to be
directed off-site. Sedimentation would occur in these temporary ponding areas. The permit
application indicates the ponds could be readily cleaned by on-site equipment. Erosion will
be minimized by seeding and mulching side slopes as appropriate.
The reclamation plan for the site indicates a lowest finished elevation of approximately 956
in the northeast quadrant of 221st and TH 169. The Highway 169 intersection elevation is
approximately 1,010. This would indicate that the finished mine elevation will be
approximately 50 feet below TH 169. It appears that the only reasonable long-term
drainage scenario for this site would be an on-site retention basin preceded by
appropriately sized sedimentation basins for quality control. 'This type of drainage pond
with no outlet would have to be appropriately sized for the worst storm event that might be
1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923
Mr. Steve Rohlf
July 16, 1997
Page Two
envisioned in the future, depending upon the end land use of the property. This type of
drainage facility is not uncommon in the City of Elk River. Many of the rural areas that are
currently developed utilize on-site retention basins with no permanent outlet.
TRANSPORTATION
The permit application indicates that dust will be controlled by bituminous paving of 221 st
Avenue from the entrance of the proposed pit to TH 169. From the drawing submitted, it
appears that this distance would be between 700 and 1,000 feet. It also indicates that exit
roads to the plant area will also be paved. We would suggest that the paving of 221st
Avenue be to a MnDOT 10-ton design to limit City maintenance expenditures because of
the anticipated heavy truck traffic. As you are aware, 221 st Avenue was recently upgraded.
Therefore, the existing gravel base should be reasonably good for paving operations,
although it may take some fine tuning prior to paving.
The permit application indicates that the site is expected to handle an average of 100 trucks
per day. This would result in 200 trips per day into and out of the plant. As the permit
application indicates, there currently are turn lanes in place on TH 169 to 221st Avenue.
During the City's recent meeting with MnDOT personnel, we made them aware of this
pending application and the desire for northbound and southbound acceleration lanes. We
would suggest that as part of this application, the applicant pursue the construction of these
acceleration lanes with MnDOT.
If you have any questions regarding these comments or would like further analysis of other issues,
please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
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Howard R. Green Company
CONSULTING ENGINEERS
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 TILLER CORPORATION, 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 Northeast Quarter of the Southeast Quarter of Section 4,
Township 33, Range 26, lying east of railroad right-of-way, except the
North 525 feet thereof; and
The East Half of the Southwest Quarter of Section 3, Township 33,
Range 26 lying west of US Highway 169, except the North 525 feet
thereof; and
The West Half of the Southwest Quarter of Section 3, Township 33,
Range 26, except the North 525 feet thereof; and
That part of the North 1121.92 feet of the Northwest Quarter of
Section 10, Township 33, Range 26 lying east of a line which begins at
a point on the north line of said Northwest Quarter distant 965.801
feet east, as measured along the north line from the northwest corner
thereof; thence south at a right angle 1121.92 feet; and lying west of
the westerly right of way line of US highway 169 as laid out and
traveled in 1963;
All in Sherburne County, Minnesota.
(the Property); and
Page 2
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 August 18, 1997,
approved a conditional use permit for the operation of a gravel mining
operation and hot-mix asphalt plant (the Operation) on the Property, subject
to certain conditions, including that Operator enter into a License Agreement
and Conditional Use 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 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,
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 is the fee owner of the subject property.
3.) Conditions- The following general conditions shall apply to the
Operation:
(01)
This Conditional Use Permit authorizes Mineral Excavation
(gravel) from the Property and the operation of a hot-mix
asphalt plant.
(02)
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
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(03)
(O4)
(O5)
(06)
(07)
(08)
(09)
Page 3
Operator, which plans and materials are the basis for the City's
approval of the Conditional Use Permit.
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.
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.
Co
The reclamation shall include top soil from the site being
preserved and put back into place after mining.
The vegetation established for the reclamation must be
maintained until it is self sufficient.
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Page 4
(10)
(11)
eo
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.
Mixed species of trees shall be planted in a dense pattern
within the required fifty (50) foot setback adjacent to US
Trunk Highway 169 and 221~t Ave.
Traffic
ao
Except for localized jobs, traffic through Elk River
associated with this operation shall be limited to U.S.
Highway 10 and 169.
bo
221~t Ave. from the pit entrance to US Highway 169 shall
be prepared and paved by the Operator according to City
specifications which shall include a ten (10) ton design.
This work shall be completed by the end of the 1998
construction season.
Co
Minimum four (4) foot high berms shall be installed along
US Trunk Highway 169 and 221~t Ave. These berms shall
be constructed as overburden from adjacent phases is
generated, except that the berms adjacent to the hot-mix
asphalt plant shall be constructed by the end of the 1998
construction season. Guardrails may be used in lieu of
these berms. Interim slopes from the berms to the pit
bottom shall be maintained at no greater than 3 to 1 and
stabilized. Final slopes shall be no greater than 4 to 1.
do
The operator shall cooperate with the Minnesota
Department of Transportation, including easements if
necessary, regarding the construction of an acceleration
lane and deceleration lane on US Highway 169 at its
intersection with 221st Ave.
eo
The internal road between the Property and the Elk River
Landfill site shall not be located within the 200 foot buffer
strip on the west side of either property.
Dust Control
ao
All equipment shall be located as to reduce dust to
adjacent properties.
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Page 5
bo
Water, but no chemical agents, shall be used to control
dust as necessary.
Co
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.
do
221st Ave. from the entrance to the pit to US Trunk
Highway 169 as well as the parking and drive for the hot-
mix asphalt plant shall be paved.
(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 p.m.,
Monday through Saturday, except the hours for the hot-mix
asphalt plant can be extended by the Building and Zoning
Administrator for special cases.
(13) 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.
bo
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.
(14) Air Emissions
ao
The MPCA air emission permits for all equipment
associated with the mining and hot-mix asphalt
operations shall remain current.
bo
A maximum of 20 % opacity is allowed for emissions from
the hot-mix asphalt plant.
Co
Baghouse fines are allowed to be used in the hot-mix
asphalt.
d°
That the baghouse is inspected for leaks once per month
during the construction season with the results copied to
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Page 6
(15)
(16)
(17)
(18)
the City.
eo
Particulate emission standards shall be met by the
plant operation (maximum of .04 GR/DSCF for the hot-
mix asphalt plant.
That all correspondence between the operator and MPCA
be copied to the city.
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, with
the exception that reusable parts may be stored on the mineral
excavation site provided that it is in a location that 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:
ao
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.
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.
do
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
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(19)
(2O)
Page 7
notification shall be followed up in writing within 4
working days.
eo
The appropriate storm water permits shall be obtained by
the Operator from MPCA.
Stockpiles of recyclable asphalt not be placed in surface
water and run-off from these stockpiles shall be directed
away from surface waters. Further, the size of the stock
piles is limited to the amount of material that can be used
in one year, but need not necessarily be used in one year
and can be stored over winter.
That the mining and hot-mix asphalt operations take
place a minimum of five (5) feet above the water table.
Any deviation to this requirement will require an
amendment to this permit.
ho
Gravel washing operations are prohibited at this site and
will require an amendment to this permit to be allowed in
the future.
The Operator shall have an approved hazardous waste
license for this facility and properly dispose of or recycle
all waste.
j°
Floor drains from maintenance facilities shall not be
allowed to discharge untreated to a septic system.
Si~na~e
Signage for the gravel and asphalt hot-mix plant shall be
allowed as per the I-2 zone. Further, no bill boards are allowed
on the subject property.
Odor
Odor from the hot-mix operation must be controlled. If weather
conditions make odor noticeable, the percentage of recycled
asphalt must be reduced. If odor problems can not be resolved
by the Operator, the Planning Commission for the City shall
review the situation with a public hearing and make a
recommendation to the City Council on whether or not the
operation of the hot-mix asphalt plant shall be allowed to
continue.
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Page 8
(21) 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 or eradicate oakwilt.
(22) Fencing and Screening
So
The perimeter of the entire site shall be fenced with a four
foot high woven wire fence with warning signs placed
where appropriate.
bo
A minimum four foot high berm with 3 rows of spruce at a
10 foot spacing shall be constructed adjacent to US
Highway 169 and 221st Ave.
A 200 foot wide buffer strip adjacent to the City's railroad
hiking trail shall have the natural vegetation retained on
it.
(23) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
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.
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Page 9
(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 and Zoning Administrator
13065 Orono Parkway ,P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at:
Tiller Corporation
Attn: Brent Schlueter
PO Box 1480
Maple Grove, Minnesota 55311-6480
(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
By:
Its: Mayor
By:
Its: City Administrator
OPERATOR:
TILLER CORPORATION
By:
By:
f:\shrdoc\b&z\stever\gravcup.doc
Page 10
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 __
,1997, by , the
Corporation, a Minnesota corporation, on behalf of the corporation.
day of
of Tiller
f:\shrdoc\b&z\stever\gravcup.doc
Notary Public
Page 11
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
., 1997, by , the
Corporation, a Minnesota corporation, on behalf of the corporation.
day of
of Tiller
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
f:\shrdoc\b&z\stever\gravcup.doc
JUNE 24, 1997
TILLER CORPORATION
APPLICATION
FOR
MINERAL EXTRACTION LICENSE
AND HOT-MIX ASPHALT PLANT PERMIT
ELK RIVER,
MINNESOTA
SUNDE
ENGINEERING, INC.
4200 West Old Shakopee Road, Suite 230
Bloomington, MN 55437-2967
..................................................................................................... (612) 881-3344 .....................................................................................................
TILLER CORPORATION
APPLICATION FOR MINERAL EXTRACTION LICENSE
AND HOT-MIX ASPHALT PLANT PERMIT
ELK RIVER, MINNESOTA
I. INTRODUCTION
Tiller Corporation is seeking a mineral extraction license for approximately
133 acres of land located in the northern portion of Elk River. The operation
will include mining, processing and stockpiling of aggregate, and the
relocation of the hot-mix asphalt plant from it's current location in Elk River,
(County Road 33 and U.S. Highway 169), just over two miles south of the
new site.
1.)
And
And
And
II. SITE INFORMATION
Legal Description of Site
The Northeast Quarter of the Southeast Quarter of Section 4,
Township 33 Range 26, lying east of railroad right-of-way except the
northern 525 feet.
The East ~ of the Southwest N of Section 3, Township 33, Range 26
lying West of US 169, Except the northerly 525'
The W ~ of the SW N of Section 3, Township 33, Range 26, Except
the north 525 feet thereof
That part of the North 1121.92 feet of the Northwest Quarter of
Section 10, Township 33, Range 26, Sherburne County, Minnesota
lying east of a line which begins at a point on the north line of said
Northwest quarter distant 965.801 feet east, as measured along the
north line from the northwest corner thereof; thence south at a right
angle 1121.92 feet; and lying west of the westerly right-of-way line of
U.S. Highway No. 169 as laid out and traveled in 1963.
The location of the site is indicated on Figure 1.
LIVONIA TWP.
SIT
221st AVE. NW
BIO
LAKE TWP
Io
ELK
RIVER
MISSISSIPPI RIVER
OSTEGO
WRIG
:ouNTh'
)UN'Ih'
LOCATION MAP
FIGURE 1
2.)
3.)
4.)
Name and Address of Operator and Land Owner:
Tiller Corporation
10633 89th Avenue N.
P.O. Box 1480
Maple Grove, MN 55311-6480
(612) 425-4191
Names and addresses of all adjacent land owners within 350 feet of site
See attached Exhibit 1.
Purpose of Proposed Extraction:
The purpose of the proposed extraction is to remove an existing
deposit of sand and gravel and process it into construction aggregate
and hot mix asphalt. The site will serve the growing needs of Elk
River and the surrounding area.
5.)
6.)
Estimated Time Required to Complete the proposed Extraction:
The site will be operated in phases. It is estimated that it will take 20-
25 years to complete mining over the entire site to the grades shown
on the accompanying plans. The duration of mining activities is
approximate only and is dependent upon market demand.
Transportation Routes:
The site is accessed off of 221 st Ave., which is a gravel road. Tiller
Corporation proposes to pave 221st from U.S. 169 to the site's
entrance and exit roads. Essentially all truck traffic from the site will
be east on 221st Ave. approximately 1,000 feet to U.S. Highway 169.
The site is expected to handle an average of 100 trucks per day.
Dependent on receiving approval from MnDOT, an acceleration lane
heading north and south on 169 are proposed to be constructed during
the initial phase of operation. Turn lanes are currently in place from
169 to 221'"t Ave.
7.) a. Physical relationship of site with respect to the community.
The site is located near the northern boundary of Elk River. The
site is immediately west of U.S. Highway 169. The site is
approximately 3 miles north of the developed area of Elk River.
Site analysis:
The southern portion of the site is located south of 221 st Ave.
This parcel is approximately 24 acres in size. Past mining
activity has occurred on this site by previous owners. The
terrain is irregular with little topsoil, overburden or trees.
The northern parcel of land is approximately 108 acres in size
and lies north of 221 st Ave. The southeast portion of this
parcel, adjacent to Highway 169 has also been mined in the
past by previous owners. The area of past mining activity has
brush for ground cover and little overburden. This area will be
partially excavated and leveled out in preparation of plant
relocation. A berm will be constructed along 169 and a portion
of 221 st Ave. for screening. The asphalt plant will be moved
from it's current location to this area.
The remaining portion of the property is wooded, with varying
amounts of topsoil.
There are no buildings on the property. The site lies immediately
south of the existing Elk River Landfill. Other surrounding land
uses are primarily agricultural. This property, as well as
property to the north, east and south is included in the gravel
mining district studied in the Environmental Impact Statement
(ELS) approved by the City of Elk River in June 1994. A small
parcel of land located immediately south of the 24 acre southern
parcel was not included in the ElS study.
The elevation of the site varies from about 1070 to about 960.
Mining will occur to an elevation ranging from 952 to 963.
A prominent ridge runs in a north south direction through the
property. The slopes on the property range from 20-60%.
Slopes west of the site are relatively flat at around 6%. Slopes
east of the site are more irregular and range from around 8-
20%.
4
Tibbits Brook, Rice Lake and a large wetland complex lie about
1,000 feet northwest of the site on the west side of the
abandoned railroad track.
Figure 2 is a U.S.G.S. Quad map excerpt that illustrates the site
setting.
c. Estimate of Quantity of Material to be Mined:
The estimated quantity of material to mined is around
7,000,000 cy. This includes topsoil and overburden. The
number is based on U.S.G.S. Quadrangle 10 foot contours and
the proposed excavation grades. Depending upon the
consistency of material with depth and the occurrence of
unsuitable material, the actual amount to be mined may be less.
d. Depth of Water Table:
The depth of the water table was identified during the ElS
process. The water table ranges from about 957 in the northern
portion of the site to about 945 in the southeast corner of the
site. A ground water divide, running approximately northeast-
southwest runs through the site. Figure 3 illustrates the depth
of the ground water and ground water flow directions beneath
the site.
Mining under this permit will occur to the grades illustrated on
the Excavation Plan, Sheet 1 of 2. These grades have been
developed to stay a minimum of five feet above the water table.
Mining into the ground water may be requested in the future.
e. Average thickness of overburden
The average thickness of overburden is estimated to range
between 0 and 5 feet. The overburden is a sandy loam.
8.) Plan of Operation:
The plan of operation is to extract and process sand and gravel on the
site. Processing will consist of crushing, screening, stockpiling, and
production of hot mix asphalt. During the initial stages of operation,
5
SITE
/
9 /
1059
'084
Little
T.";,,
1'3_
U.S.G.S. Quad Map Excerpt
Elk River and Lake Fremont Quadrangles
FICUFRE 2
957 (INTERPOLATED
--1000--,~
\
DENOTES DIRECTION
OF GROUNDWATER FLOW
010
NOTE: GROUNDWATER CONTOURS TAKEN
FROM ElS FOR CITY OF ELK RIVER
PROPOSED GRAVEL MINING DISTRICT.
GROUNDWATER
CONTOUR MAP
FLOW/
FIGURE ,_3
21st AVE. NW
the asphalt plant will be set up in the southeast corner of the parcel
north of 221st Ave. Approximately 10 acres will be prepared for the
plant site. Preparation will include some mining and leveling of the
area, and construction of a screening berm along the east/southeast
boundary of this parcel. Aggregate stockpiles and accessory
equipment will be located in the plant operations area.
Crushing and screening will take place throughout the mining
operation. The location of crushers will vary throughout the life of the
operation. Their locations will depend upon the location of the active
face. Conveyors will also be used throughout the site to convey
material from the active face to the processing equipment.
A water supply well a septic system will be constructed at the plant
area.
The site will be accessed off of 221 st Ave. Both an entrance road and
an exit road are proposed to be constructed.
Areas to be mined will be cleared and grubbed and then stripped as
needed. Topsoil will be stockpiled on site. Overburden will be
stockpiled or used as backfill to reclaim completed portions of the
mine. Sand and gravel will be excavated from the active mining area
and brought to the processing area.
The site will be mined in phases. Initially the southern 24 acre parcel
will be mined. A culvert is proposed to be installed beneath 221st
Ave. to allow a conveyor to transfer material from the south side of
221st to the north side of 221st. This would eliminate the majority
of truck traffic moving between the two sites.
Mining will also begin in the northern portion of the property, adjacent
to the Ell( River Landfill and progress to the south towards the
processing plant.
No explosives will be used at the site.
9.)
Drainage, Erosion Control, Sedimentation, Dust, Access Control and
Security:
Surface water drainage is directed to a Iow area within the excavation.
Collected surface water infiltrates into the underlying soils and/or
evaporates. Surface water drainage will not be directed off site.
8
Sedimentation may occur in the temporary ponding areas. These
ponds can readily be cleaned out by on-site equipment.
Erosion of finished slopes is minimized by backfilling to a minimum
slope of 4:1 and seeding and mulching. The berm will be constructed
to a minimum of 3:1 slopes and seeded and mulched.
Dust will be controlled by paving 221 st Ave. from the exit to Highway
169. The main entrance and exit roads to the plant area will also be
paved. Conveyors will be used within the site minimizing truck traffic
on internal haul roads.
Access control will be established by locking gates at the site entrance
and exit. The entire site will be fenced.
10.) Restoration Plan
Restoration will be an ongoing process. As an area of mining is
completed, and mining advances to a subsequent phase, reclamation
will begin on the completed phase. Reclamation activities at the site
will consist of backfilling, grading, and seeding. Work will be
concentrated on the sideslopes around the perimeter of the site. The
base of the site may remain open to accommodate mining activities,
various haul roads, stockpile areas, etc. Final grades will range from
1% to 25%. Final restoration grades are shown on the Reclamation
Plan, Sheet 2 of 2.
Topsoil shall be placed on graded areas to be reclaimed. The area shall
be seeded within 6 months of completing the backfilling. Topsoil will
come from on-site sources, and be placed in a layer that is a minimum
of 3" thick in accordance with the city ordinance.
After placement of topsoil is complete, it shall be seeded and mulched
according to Minnesota Department of Transportation (MnDOT)
Standard Specification No 3876 and 3882. The seed used shall be
MnDOT seed mixture 50A. The mulch shall be Type I. It should be
recognized that 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.
9
III STANDARDS
1 .) Boundary:
Extraction operations shall be conducted within the confines of the
boundaries indicated within this application.
2,) Setbacks:
Site setbacks will be fifty feet from property lines and right-of-ways
that are not adjacent to other areas where mining is allowed. The fifty
foot setback is applicable along 1 69, 221st' the southern boundary of
the southern parcel, and the western boundary that borders the
abandoned railroad track. The remaining property lines are adjacent to
properties which can be mined and the setback is 30'. Mining shall not
be conducted within 5 feet of a right-of-way of an existing public
utility.
221st Ave. runs through a portion of the property. It is anticipated
that this road will be lowered in the future as mining progresses to the
southern portion of the site. The setbacks from the right-of way
would be mined in conjunction with the lowering of the road. Figure 4
illustrates alternative reclamation grades for this area if the road is
lowered. The grades assume mining activity to the west of the site.
3.) Fencing:
The site will be fenced and will meet the ordinance requirements of 4
feet in height with a minimum support post placement of 10'.
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 will be screened along 169, north of 221st
Ave. A berm will be constructed, seeded, and maintained.
10
I I
!
I
!
!
!
!
! ~'-101(
I
/ !
! !
!
ALTERNATE RECLAMATION PLAN
WITH 221ST AVE. LOWERED
AND ADdACENT PROPERTY TO
WEST MINED.
FIGURE 4
5.) Operating Standards:
a. Noise:
The mining operation and asphalt plant will be operated in
compliance with all State noise standards.
b. Hours:
Mining and crushing will be conducted between 7 a.m. to 7
p.m. Monday - Saturday. The asphalt plant will operate
Sunday- Saturday in accordance with its current permit. The
asphalt plant may need to operate extended hours to provide
material for nighttime paving operations.
c. Explosives:
There will be no explosives used at this site.
d. Fugitive Dust:
Fugitive dust will be minimized by paved access road and use of
conveyors. Internal haul roads will be watered as needed.
Asphalt plant operation and fugitive dust will not exceed air
pollution standards established by the Minnesota Pollution
Control Agency.
e. Water Pollution:
The site will be operated in compliance with all applicable
Minnesota Pollution Control Agency and Department of Natural
Resources standards. The asphalt plant will not discharge
wastewater. A National Pollution Discharge Elimination Permit
(NPDES) will be obtained for the site. Fuel storage will be in
above ground tanks. Secondary containment will be provided
for all fuel tanks.
12
f. Topsoil:
All topsoil will be retained on the site until the completion of
restoration. Topsoil will be used to create screening berms and
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 be an ongoing process. Once mining has been
completed in a phase restoration will begin as quickly as
possible. Some areas on the base of the floor may be used for
stockpiling or operations and will be reclaimed as operations
permit.
b. Slopes:
Slopes will be reclaimed in accordance with the reclamation
plan. Finished slopes will not exceed 4:1.
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:
There are no water bodies existing on site. Mining below the
water table to create a water body is not contemplated under
this permit, although a permit revision may be requested at
13
some time in the future. If this occurs, slopes to water bodies
will be in compliance with the City Ordinance.
e. Water Bodies:
All water bodies resulting from extraction - for example
temporary storm water ponding areas, will either be filled at the
end of each construction season or preserved to continue to
operate as a holding pond at the discretion of the City.
14
PLANS
NOTES:
1. EXISTING TOPOGRAPHY FROM
U.S.G.S. QUADRANGLE
2. BOUNDARY INFORMATION FOR
NORTHERN PARCEL IS FROM
BOUNDARY SuRVe~ ~ LOT
SURVEYS COMPA~rr, ~NC.
NO DATE. BOUNDARY INFOR-
MATION FOR SOUTHERN PARCEL
FROM A SURV['Y BY TAYLOR
L~aD SUaveroRs. ~NC. DATED
221 ST AVE
TO BE LOWERED
IN FUTURE AND
AREA SOUTH OF
ROAD TO BE MINED.
~ 990
9B0
ENTRANCE AND EXIT
ROAD TO PLANT AREa
us ~ 69
'1070
LANESNEW ACCELERATION
G;C .....
GENERAL LOCATION
OF SCREENING BERM]
~'~~ TILLER CORPORATION
~asz~ ~ma,..~a~.a~.~ ELK RIVER, MN
EXCAVATION PLAN
NOTES:
1. EXISTING TOPOGRAPHY FROM
U.S.G.S. QUADRANGLE.
2. BOUNDARY iNFORMATION FOR
NORTHERN PARCEL IS FROM
BOUNDARY SURVEY BY LOT
SURVEYS COMPANY, INC.
NO DATE. BOUNDARY INFOR-
MATION FOR SOUTHERN PARCEL
FROM A SURVEY BY TAYLOR
LAND SURVEYORS, INC. DATED
9/~ 8/89.
5. RESTORATION SHALL INCLUDE
BACKFILLING TO GRADES
SHOWN ON PLAN, PLACEMENT
OF A MINIMUM OF 5" OF
TOPSOIL FROM ON-SITE SOURCE,
AND SEEDING AND MULCHING.
/ 09o
1040
1 O2(
-- 990
98O
4:1 SLOPES
98(
\\ \\~
\ \
\ \
'1
)2O
/
/
~ ~s,~ TILLER CORPORATION
ELK RIVER, MN
RECLAMATION PLAN 2
EXHIBIT 1
PROPERTY OWNERS LIST
06/19/97 1.4:56:51
........ P_~c~l._Nbr___. Na~e ...................... Ac!ch'ems Line. 1
....... .C!,d. e S ................ :-'
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...................................................................... i2-2. 0i~'-~'~ 1-4. * .............
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..................................... 169 & ~ ~ 225~59~
. ~ ..................................................... .'._.." ~ sos~
OF ~ 1-4 ~I~
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