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5.4. PCSR 08-09-2011REQUEST FOR ACTION To Plannin Commission Item Number So ~. Agenda Section Meeting Date Prepared by Planning August 9, 2011 Rebecca Haug, Environmental Admin Item Description Reviewed by Request by Tiller Corp. to amend Conditional Use Permit to Robert Thistle, Interim allow mineral excavation of approximately 8.9 acres of property City Administrator owned b Waste Mana ement, Inc. - CU 11-13 Peter Beck, Ci Attorne Action Requested Staff recommends approval of Tiller's request to amend its existing Conditional Use Permit (CUP) to allow mineral excavation of approximately 8.9 acres of property owned by Waste Management, Inc. (WMI), subject to the conditions listed below: 1. Installation of a berm along the west entrance of the gravel operation, along 221St Ave as shown on the plan submitted by Tiller. This berm shall be installed prior to removing any trees from the 8.9 acre buffer area. 2. The existing CUP for Tiller's operation must be amended within the next six months to address the following issues: a) Anew reclamation plan which reflects the 27.2 acre landfill expansion; b) Continuance of the berm along 221St Ave to the west. This berm shall be installed prior to removal of any trees within 1,000 feet to the north of this berm. 3. The standards for issuance of the Conditional Use Permit shall continue to be maintained. 4. Approval of the CUP amendment to mine the 8.9 acre buffer area shall not take effect unless and until WMI's application to amend its CUP to deposit waste in this area is approved, with the exception that Tiller may immediately begin mining on the end of the 8.9 acre buffer, without removing any significant trees on the east end for the purpose of constructing the berm improvements identified in # 1 above. General Information Applicant Tiller Corporation 60-Day Rule The application was submitted on June 24, 2011 and deemed complete on July 4, 2011. The City must approve, approve with conditions, or deny the re uest b Au st 23, 2011 Requested Action Amend existing Conditional Use Permit Case File: CU 11-13 Page 2 Tiller CUP City of Elk Rivet Location and Size 22460 Highway 169 Location Existing Land Use Land Use Plan Designation Current Zoning Property in Question Landfill Landfill Al (ME) (SWF) North Landfill Landfill Al (ME) (SWF) South Mineral Excavation Mining. Al (ME) East Highway 169/Agriculture Commercial Reserve CRT (ME) West Undeveloped/Residential Single-family Residential R1A Introduction In May, 1996, Straightline Excavation, Inc. and Barton Sand and Gravel Co., a Division of Tiller Corporation, were issued a Conditional Use Permit to mine the Elk River Landfill property. Tiller Corporation (Tiller) is the successor to these entities and is currently mining the Landfill property pursuant to the 1996 CUP. Mining of the Landfill property is conducted in connection with Elk River Landfill, Inc. (ERL) landfilling activities. As ERL needs to expand into a new cell, Tiller mines the cell removing the gravel so that liners can be installed and the cell filled with solid waste. Elk River Landfill, Inc. and Tiller Corporation filed separate applications to amend their existing CUP's to allow expansion of mining and landfilling activities within the 200-foot buffer zone on the southern boundary of the Landfill property. Tiller's request before the Planning Commission at this time is to amend Condition No. 3(20) of its 1996 CUP to allow removal of trees and mining within the buffer area that is within 200 feet of the Landfill's south property line. The Landfill has applied fox an amendment to their CUP to expand the landfill into the buffer area and south into Tiller's property. Their application is currently scheduled to be reviewed at the September 13, 2011 Planning Commission meeting. AEplicable Regulations A. Standards for Issuance of a Conditional Use Permit (Section 30-654) Case File: CU 11-13 Page 3 Tiller CUP City of Flk River The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally. affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall be accompanied by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Analysis Tiller's application to remove the trees and mine the Landfill's 200-foot buffer zone was submitted with the Landfill's application to expand in the buffer zone. The Landfill's application is scheduled to be reviewed in September, but staff is comfortable with allowing Tiller to begin mining the north eastern part of the 200-foot buffer zone. The material from the buffer zone will be used to construct the berm along the west side of Tiller's entrance along 22151. Please see the attached map. The berm will be vegetated this fall. If the Landfill CUP application is approved, Tiller will continue to mine the remaining buffer zone to allow for the expansion of the landfill. Within the next six months of an approval for the Landfill, Tiller will amend their existing CUP for their gravel operation and hot mix asphalt plant to include a revised phasing plan, berming and screen plan for the West side of the property along 221St Ave and reclamation plan. Case File: CU 11-13 Tiller CUP Page 4 City of Elk River Attachments • Location Map • Tiller Corporation application and narrative • The existing 1996 Tiller CUP • Letter dated August 4, 2011 from Michael Caron, Tiller Corp. • Berm Modification Plan • Letter dated July 19, 2011 from Matt Ledvina, City's Environmental Consultant Planning Commission Action Morton by Second by Vote Follow Up June 2011 ~r TILLER ~COPR~TIN¢ APPLICATION FOR AMENDMENTS TO CONDITIONAL USE PERMIT FOR MINERAL EXTRACTION ELK RIVER LANDFILL ELK RIVER, MINNESOTA I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer and a duly licensed professional geologist under the laws of the state of Minnesota. I~ Kirsten Pauly, PE/PG Date: 6/23/11 Reg. No: 21842 ' TILLER CORPORATION APPLICATION FOR AMENDMENT TO CONDITIONAL USE PERMIT ' FOR MINERAL EXTRACTION I. INTRODUCTION Tiller Corporation (Tiller) is seeking an amendment to an existing Conditional Use Permit (CUP) for Mineral Extraction on parcels of land located in the ' northern portion of Elk River. The permit was issued in May, 1996. The proposed amendments are limited to Condition #20 of the current CUP. ' The proposed amendment involves mining the southern boundary of the Elk River Landfill, Inc.'s (ERL) property. Condition #20 of the CUP requires no mining operations be conducted, and trees be left in place, within 200 feet of ' property lines. The amendment seeks to allow removal of trees and mining within the area that is 200 feet from the south property line. Figure 1 is a general location map of the site. Figure 2 illustrates the existing mining setbacks and proposed revisions to mining setbacks. Figure 3 is a USGS Quad Excerpt. Site operations will be consistent with the current CUP. Operations will consist of stripping the area to be mined, removing the aggregate with excavators or front end loaders, screening and crushing the material and hauling it north or south to Tiller's existing processing area. There is a haul road established between ERL's property and Tiller's property. II. SITE INFORMATION 1) Legal Description of Property: See attached Exhibit A 2) Name and Address of Operator: Tiller Corporation 7200 Hemlock Lane, Suite 200 PO Box 1480 Maple Grove, MN 55311-6480 (763) 425-4191 Contact: Mike Caron 3) Name and Address of Land Owner: Elk River Landfill, Inc. 22460 Hwy 169 NW Elk River, MN 55330 (763) 441-2464 Contact: Debra Walters ~ 434 ~ ; f Q ~ zz3 ko AvE . 1 ~ l ~ 1 7 T A -~_ S 22 STAVE .46~~..~.,~,~,~....------ ~ 2 TH AVE ` I 1 ~' RANCH ~D ! ~ ~ i 8 215TH G`T z ,` ( ~ ~ ,. .r9 g , ~... Aµ, / 2141N AVE J' ",w~q ~[y~~ f ~ y 7 E 1 ~ ~ 211TH AVE a`~~ r " p`' ~ _ fa 2215TH AY6 ~ ~C/ fitly 209TH AVE a ~ 18 ~ ; ~ 0 4 7 I ~ ~ ~ k, t9 1 ~ Y. 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T ~ 1 ' Drift (~ D LLJ 16 ~ 25 y~, >< ~h~ 2 6CT 'a1: Eyr4,yn r2 ~ 191 RQ ~ ~ ti 0 11 AVE f ST AYE 19157 AYE+--q ' ~F l ___1C-H CI __. ___ Q...~ VC ------- 0 14 . ~ r ~1'W *86124 ~ -~-_____-____--_ -3_ 1 t? fez„y~ T E 1 1775, L 737 y a ER.V~W G • ~r ! ~ N Location Map Figure 1 Excerpt from Elk River Transportation Map from Sherburne County GIS Department June 2011 Permit Application N Elk River Landfill Permitted for Mining posed Mining Area Tiller Corporation Mining Operation Permitted for Mining `~ Property ~~~ 200' Mining Boundary Setback 30' Mining ~~~, Setback I ,I I, I Revisions to Mining Limits Figure 2 Existing 200' Zone June 2011 Permit Application .i _ ~. i . ~ , f ./ I ., t ~ ~ }~~ ,_ '~ `.... """.,~,,. 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'fi't W- ~ 4 .. ~~ • • ~a ~ ;r+ t ~ .i _.... «. {' ~ ~~ ~' ~ ~ ~1/ =~ a ~ 2 .. ,y., ~ , ~ -#^ ~ ice'. ,_ q~,. i ' ~~ ~ ..,,. _. _.. ,., ,_ m ...W.. 1 ~f ~_ "'~~ ~ .~ ~ ~~"'~ ~. _ ~•` ` ~~~ ~ ~ Area of Permit Request ~ ~ ~ N ,.~ ~„ ~ ,~ ~ - a r • 8 2 ~ ` ~~~ o~Y~ for Amendment '# ~ ,mot _:, ~ _ -, Y ~ G fl '~- -~- ~"" Tiller Corporation ~ ~ ~ . i ~f ~~ - -~-~~- ~ ~ ~ °~ Mining Operation ~ ~ ~ ~..-. ~ ~~ r ; f= ,, .~ _- 1 I ., f ~ ~ ,, ~ - ~ • „~. :..~ -------x-'..~., ~ ~ ,. ~~ _ r f~ }/'''' ~ _ -~ ~ ~ ~~ ~ . ~ 1 _ _ .. _._.. __. .. \ i `~ ~..y " y'J ~l s G` ,*.~( ~i . x~ j ~ yY-.i, ..7 rye , ~ x:3~~`~~ ~ w i~ 1 ~1 "-_ . i ,, , ~ /f ` J1 -~ ~'° { ~ f l ~ j~ VVVV ~ /(ji s 1 i ~ ~ ~~ 1 ~_ r j ~ r ~ ~ ttpf/'' `'} f a~' 1 ~ ~~ s r ~ p I t ~ , I S 'M - ~ ~ ~ tl ~ ~t ~1 ~ - ~ : ~ l ~'. r s s ~ f) _r __ It r ~ r~/ ~ i, a~ e ~ \ ~ i '1 `1 ~ c - - r ~ 4 .i ~ ~ t \'. ~, .^~, J 1. f , ~ ~ -~ ,. ~~ F` . r 1 ' N USGS Quad Map Excerpt Elk River and Lake Fremont Quadrangles ~ Figure 3 ' June 2011 Permit Application 4) Names and addresses of property owners within 350 feet: See attached Exhibit B. 5) 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. This is a high quality aggregate deposit which will be used to supply construction materials to Elk River and surrounding areas. 6) Estimated Time Required to Complete the Proposed Extraction: Mining activity under the current CUP is nearing completion. Mining of the southern most portion of the site will take approximately one year to complete. 7) Transportation Routes: The amendment will have no impact to traffic routes. Material will be hauled or conveyed directly from ERL's property to Tiller's existing operations without accessing any public roadways. Trucks hauling the material will enter public roadways from existing access points. 8) Physical relationship of site with respect to the community: The site is located near the northern boundary of Elk River. It is immediately west of U.S. Highway 169 and approximately 3 miles north of the developed area of Elk River. 9) Site analysis: The property consists of ERL's operations. In the past, mining has been conducted over the entire site (excluding setback areas) in phases. Each phase of mining was followed by the construction of a phase of the landfill. Currently, other than the 200 foot area, only a small portion of the site remains to be excavated in preparation for landfill construction. A haul road has been constructed within the zone to allow access of equipment and transfer of material between ERL's property and Tiller's operations to the north and south. 10)Estimate of Quantity of Material to be Mined: The estimated quantity of material to be removed from the amended mining area is approximately 750,000 cy. ' 11) Depth of Water Table: The depth of the water table was identified in the EIS prepared for the gravel overlay district within the City of Elk River. The elevation of the ' water table in this area is approximately 955 - 957 feet above mean sea level. No mining will occur within the water table. i~ i~ 12)Average thickness of overburden: The average thickness of overburden is estimated to range between 0 ' and 5 feet. The overburden is a sandy loam. 13) Plan of Operation: ' The plan of operation is to strip the additional mining area. Topsoil and overburden will be used for final cover and/or as cover material at the landfill. The underlying sand and gravel will be removed using excavators or front end loaders. It will be crushed and/or screened at the working face and then conveyed or hauled, on the existing haul road, and stockpiled at Tiller's existing facilities. 14) Explosives: No explosives will be used at the site. 15)Drainage, Erosion Control, Sedimentation, Dust, Access Control and Security: i) Surface water drainage will be directed to a low area within the excavation. Collected surface water infiltrates into the underlying soils and/or evaporates. Surface water drainage will not be directed off site. Sedimentation may occur in temporary holding areas. These low areas can readily be cleaned out by on-site equipment. ii) Since water drainage will be directed internally, erosion will not pose a problem. iii) Dust will be controlled by watering internal haul roads as necessary. ' Additionally, conveyors may be used within the site minimizing truck traffic on internal haul roads. iv) Access is controlled by locking gates at site entrances to both ERL's operation and Tiller's mining operation. Both sites are fenced. 16) Reclamation Plan Reclamation activities at the site will consist of construction of landfill cells as shown in Elk River Landfill, Inc.'s application dated June 2011. III STANDARDS 1.) Boundary: Extraction operations shall be conducted within the currently permitted areas and within the proposed areas shown on Figure 2. 2.) Setbacks: Site setbacks will comply with the City of Elk River's Mineral Extraction Standards. 3.) Fencing: The entire site is fenced. 4.) Appearance and Screening: All equipment will be kept operational. 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. 5.) Operating Standards: a. Noise: The mining operation will be operated in compliance with State noise standards. b. Hours: Mining and crushing will be conducted between 7:00 a.m. to 7:00 p.m. Monday through Saturday. c. Explosives: There will be no explosives used at this site. d. Fugitive Dust: Fugitive dust will be minimized by watering internal haul roads and/or the use of conveyors. e. Water Pollution: The site will be operated in compliance with all applicable standards of the Minnesota Pollution Control Agency and the Department of Natural Resources. A National Pollution Discharge Elimination Permit (NPDES) has been obtained for the site. Fuel storage is limited to above ground tanks. Secondary containment is provided for all fuel tanks. f. Topsoil: All topsoil will be retained on the site for use at the landfill. g. Slopes: The active mining face will be sloped at approximately 1:1. Reclaimed slopes will be backfilled according to the Reclamation Plan. 6.) Reclamation Standards a. Schedule: Reclamation will be completed as indicated within the Reclamation Plan. b. Slopes: Slopes will be reclaimed in accordance with the Reclamation Plan. c. Cover and Planting: The slopes will be seeded in accordance with the Reclamation Plan. d. Slopes to Water Bodies: There are no water bodies existing on site. e. Water Bodies: There will be no water bodies resulting from this operation. Exhibit A Property Legal Description Parcel B That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, described as follows: Commencing at the point of the intersection of the North line of said Northeast Quarter of the Northwest Quarter with the Westerly line of the right- of-way of U.S. Highway No. 169; thence Southerly along said right-of-way, to intersect a line parallel with and 470 South of, as measured at right angles to, said North line of the Northeast Quarter of the Northwest Quarter said point of intersection being the actual point of beginning of the land to be described; thence West along said parallel line a distance of 558 feet; thence South at a right angle to intersect the South line of the said Northeast Quarter of the Northwest Quarter; thence East along said South line to intersect the said Westerly line of the highway right-of-way; thence Northerly along said highway right-of-way to the point of beginning, Sherburne County, Minnesota. Parcel C The North 525 feet of the West Half of the Southwest Quarter of Section 3, Township 33, Range 26, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. AND The North 525 feet of that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, lying East of the Great Northern Railway, AND that part of the East Half of the Northeast Quarter of Section 4, Township 33, Range 26, lying East of the Great Northern Railway, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Parcel E That part of the North Half of the Northwest Quarter of Section 3, Township 33, Range 26, lying Westerly of the following described real estate, to-wit: Commencing at a point on the North line of the said North Half of the Northwest Quarter 650 feet distant West of the intersection thereof with the Westerly right of way line of U.S. Highway No. 169 as presently located and established; thence South and parallel with the West line of the said North Half of the Northwest Quarter to the South line thereof and there terminating, excepting there from the South 33 feet thereof, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Parcel F The Northwest Quarter of the Northwest Quarter of Section 3, Township 33 North, Range 26 West; and That part of the South Half of the Northwest Quarter lying West of U.S. Highway No. 169, and the Northerly 525 feet of that part of the East Half of the Southwest Quarter lying West of U.S. Highway No. 169, all in Section 3, Township 33 North, Range 26 West, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Parcel H The West 92.70 feet of the North 470 feet of that part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying East of a line described as beginning at a point of the North line of said Northeast Quarter of the Northwest Quarter a distance of 650 feet West of the intersection of said North line with the Westerly right-of-way line of U.S. Highway No. 169; thence South parallel with the West line of the North half of the Northwest Quarter to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating. Parcel I That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying South of the South line of the North 470 feet, as measured at right angles, thereof and lying west of the following described line: Commencing at a point of intersection of the North line of said Northeast Quarter of the Northwest Quarter with the Westerly line of the right-of-way of U.S. Highway. No. 169; thence Southerly along said highway right-of-way to intersect a line parallel with and 470 feet South of, as measured at right angles to, said North line of the Northeast Quarter of the Northwest Quarter; thence West along said parallel line a distance of 558 feet to the actual Point of Beginning of the line to be hereby described; thence South at right angles to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating. •~~~'798 X2879$ ~~ l4~.4 ~J~~ r._LllrL i~ a r ::.~.:..~~s~sau CITY OF ELK RIVER t'; ~ , '~~ J a Y AGREE?4IENT FOR ISSUANCE 4F CONDITIONAL USE PER~4IIT FoR '96 ~lJL ? 5 r ~1 1 26 :YII?v'ER_4L ExCAVATION ~ ~~ _ THIS AGREEMEI~t'I', made and entered into this ~~ dog of . I996, by and between the CITY OF ELK RIMER, a municipal corporation organized under the Iaws of the State of Minnesota (City), and STRAIGHTLIItiFE E~CA~TATIOI~F INC., a Minnesota corporation and B.4RTON S_~ND 8;, CRA~r~L CO. a Division of Tiller Corporation, a Minnesota corporation; hereinafter collectively referred to as (operator); i~vZTNESSETH: W~ERE.~S, Operator has made application to City for approval of a conditional use permit to operate a gravel mfr,~r,g operation within the City on property IegaIly described as follows: See attached Exhx-bit A. (the Property); and ~RF~~S, the City of Elk River Planning Commission and Cite Council have held hearings on Ogeratar's request for a eonditionai use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard an the applicatiaa; and WHEREAS, the City Council by 3notian adapted January 1.~, ].995, approved a conditional use permit far the operation of a gravel ,z,;,,;ng operation (the Operation) on: the Property, subject to certain conditions, izzcluding 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 ~~REAS, the City's Zoning Ordinance requires that a Conditional Use Permit be issued and that a Conditional Use Permit Agreement far mineral excavation be entered into. NO~~, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter crontained, it is hereby agreed as follows: 1.) Entire .~ereeznez~t- 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, .. Page shall govern the parties rights, xesponsibilities, and obligations with respect to the Operation, subject to the compliance by all parties with applicable city ordinances and state and fedexaJ Jaws. 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 Tease fox 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 Canclitional Use Permit authorizes Mineral Excavation (gravel} from the Property. (42) 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 Envrronm.ental 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 Lise Permit. (03) The operator shall orally notify the City of any violations of this permit within 24 hours and fallow this with natxi:?icatioza. 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 xuaterial mixed 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. (04} The license must be renewed annually and shall run from January Ist through December 31st. The annual license fee is that which is specified by City Code at time of renewal. This licezzse fee is not in lieu of gravel tax collected by the County and a portion of which the City receives. (0~} Violations of this Conditional Use Permit may result in suspension or revocation. ., '~ ~ - Pale 3 ~~~'~~~ (06) The Cit<; $uilding and Zoning 4dministrator and/or hisfher agents shall be permitted to inspect the operation for compliance with the conditions of this permit during normal hours of operation. (0'7) The Guy's approval of this Conditional Use Permit is subject to ~" ~:~_ the approval of appropriate permits by other governmental -.:.,~, agencies. r. {08) rio ea~~plasives shall be allowed for this operation3.. (09) R.e~Iazxzation Reclamation shall b e consistent with Elk River Landf 1t's closure plan. Izz the absence of a valid reclamation plan (closure plan) by E]k River Landfill on alI or part of the pxoperty, the operator shall submit said plan for approval by the city_ (IO) Traffic a. Except for localized jobs, tra£dc through Elk Inver associated with this operation shall be limited to U.S_ Highway 10 and 169. (I1) Dust Control a. A permit from MPCA regarding air emissions shall be obtained when required and particulate emission. standards shall be met by the operation. b. A]I equipment shall be located as 'to reduce dust to adjacent properties. c. ~~ater, but no chemical agents, shall be used to control dust as necessary. d. The City reserves the right to require additional measures to be taken, if warranted by dust problems, including but not lixnited to reducing stock pile heights. cupST-Ba16~lsr ~R~'@ ~ {l.2} Hours of C}peratien All mineral excavation, processing, and sales activities shall be conducted between the normal hours o£ r:00 a.m. and i:00 p.m., ll/fonday through Saturday. {~3) poise a. The noise from screeninb and crushing associated with this operation shall be controlled by equipment location on site, the placement of stocl~ piles, and the type of equipment used. b. poise levels associated with this operation, shall at na tixxxe exceed Mate standards. c. The City reserves the right to require additional measures be taken, if warranted by noise. (~~). a. No unscreened outside storage shall be allowed. b. The operator shall have an approved hazardous waste license for this facility and properly dispose of or recycle all waste. {I5} Lz.'gha Righting from the operation shall be directed away from adjacent residential property. Clare, whether directed ar reflected as different from beneral illumination, shall ngt be visable beyond the limits of the immediate site. All sources of artificial light shall be so ~ta-ed, directed, designed, or sized, that the ,~T,,;n,um subtotal of their illumination shall not increase the level of the illumination on nQarby residential property by znaxe thaa..I foot candles in or within 2~ feet of a dwel).ing, or more than .~ foot candles oa any part of the adjacent property. (I6} The piling, storing, or keeping of old machinerg, 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 front adjacent properties or is totally screened. ~PS2 s~~~ Page 5 :~?$'~~~ (1~ 1~~..ining activities shaIl uat cause excessive vibration off site. 7£ excessive vibration. becomes an issue, the City reserves the right to take appropriate measures to alleviate the problem. (IS) Czrour~dwatex protection measures shall include: a. The operator shall file with the Gity an emergency spill _ xesgonse plan. The operator shall adhere to this plan in the event there is a spilt. _, b_ The Operator shall provide the Fixe Departanent with a copy of their flammable or hazardous materials. c. Fuel tanks shal.~ be above ground, properly diked (if required by Iaw}, and registered with 11~1PG9.. d. All incidences that have the potential to adversely affect groundwater, includinb but not limited to spills, shall be vexbalty xeported tQ the City within 24 hours. This verbal notification shall be followed up ixa writing within ~ worl~ag days. e. Czzavel wash operations shall be prohibited on the progeny. fl Mining operations shall be conducted a ~in;mtsm Of five (b) feet above the seasonally high water table_ g. The appropriate storm ~srat~r permit shall be obtained by the op erator from MP C A. {19) Fen_c_zng -The entire perimeter of the properly shall. be fenced. (20) Sereenina and Buffering - lvo mining operations shall be conducted within two hundred (200} feet of the property boundaxy. Further, within this two hundred (200) foot buffer area trees shalt be left fox scxeening. In open areas where trees do not east, screening shall be accomplished by the construction of a m~n~~+um six {6) foot high berm planted with evergreens. ~.} General Provisio~- (Q1) Per~,at~- Operator agrees to comply ~cvith all of the provisions - hereof and agrees to save anal hold the City harmless from any and all ~uPsr-~a~~n .f-.. '~t~.o'~ 8 ' ' . ~, Passe ~ claims or actions arising from the operations of the Qperator on the Property. (02) Bis~cliug Effect- ~'he 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 ail or any part of the Operation and shall be deemed covenants ,~~rr~r,g with the Iand. 2'his 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 zecording fees, if any, shall be paid by the Qperator. (03) Severable- Fn the event that any portion of this 4greement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (©a) Waiver- 4ny 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_ (Q~) I~7otices- All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally ox deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Z`he addresses of the parties hereto are as follows until cha~aged by written notate given as above: ~v~ s~~ •. ' Pager ? ~87~~ If to the City at: City of ELF Rivex ATTIC;: Building azzd Zoning Admir~is~ratar 23065 Orono Parb-v4ay P.O. Box 490 E13~ River, Nlinaesota 5533D-0490 If to the Operator at: (06} ~sArpor~tian by Re£~re_ ~cg- All plans, special provisions, proposals and specifications, subn3itted pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set Earth herein in full. IN ~ZTNESS V4"HEREOF, the City and Operator have caused this Agreement to be duly executed am the day and year first above written. CIT~T OF ELA R,~`ER By: $y: OPERATOR: STRAIGHTLII~TE E~CAZtATIOI~ IIV C_ StraightIine Excavation Inc. Attn: Dan lireger PO Boa: 214 12628 ~'remoat Ave., Suite 2 Zimmerman, .1~T 3539$ and Barton Sasxd 8r Gravel Ca. Attn: Brent Schlueter Po Box ~4so Rtaple Grove, MN 553I1-64$4 FEE OWNER {S) OF PRO By: By: OPERATOR: BARYON SAND 8:. GRAVEL CO., A DIVISION OF TTT T.F.R CORP. ItS. Y@CLLt1Ve ~3.(.C ~BS1dEYtt cupST Ba/671sr Its: City Administrator ., +' ~ ~ ~ Page 8 STATE OF NlII~Z~~ESOTA ss. COL~TY OF SHERBURNE T~e foregoing instrument was acknowledged before me this. day of ~l~-,,~.~-~.~rr 1.936, by Henry A. Duitsman, the IlZayar of THE {QTY OF EIr~ RIVER, a Minnesota municipal corporation, an behalf of the coxporation. >~,., Notary Public STATE Off` I4II.N'NESO'I`A r . ~'~; SANDRA A 7~C}iERAY ss. N{r7PdiY p~A COUNTY OF SHERBURI~'E 't~ ~y~,,,,~~3i2oao e foregaizzg instrument was acknowledged before me this d~.ay of ].996, by Patrick D. Eiaers, the City Administrator of CI OF ELH RISER, a Minnesota znunieipal corporation, on ehalf of the corporation. otary sTAT~ o~ 1vgNNESOTA SS_ C0~7NTY O ''~°-~ ~~-- SAl~:~RA7HACKFs~AY "' 61p7ARYPl~LFG~MINNE50TA SFiEA61}RtJEG4ltliVlY '` hty Corm. Expit~S.Fgi.31.200a The foregoing instrument w s acknov ledged before e this ~O day of 1996, by w the of Straight a Excavation Inc_, a Minnesota corporation, an behalf of the corporation. L/ f7- Nat Public STATE OF MIIL~SOTA sS. COUNTY OF SHERBURN'E R[!TH A S~fiii~3 FlOTARY Pl~8L1TA to cawrcss~ou s :,r~~vo ~psr s$n~~ T - - - ~ Page 9 ~'~~'~~~ Th~ regoing instrument was ac -nowledged before me this ~~ dap of I996, by •-J ~ _ the ~ of Straigb.~,~ine E~:cavation l<ne., a ?~ ' esvta corporation, on behalf of the corporation. No' ary Public ST4TE OF MINNESOTA SS. COUhTT~ OF _}~,~Ca-rc~ xa.rrN ~. s~rctt cvor~st,r 1rY OOYl~SS70li €~?~ f~t~i'iCi The foregoing instrument was acbnowledged before me this ~~'~ dap o£ ~~~~- .1996, by ~~-~c ~. S~~- . the ~rLES, D ~r+ r of Baz-ton Sand &, Gravel Ca, a Division of Tiller Corporation, a Minnesota corporation, on behalf of the corporation. F a~..~~ Notary Public ST_9.fiE OF TVLINNESOT.4 ~si~ ~es~',ac~euvre~s~arx Ss. DA~COTA iiOEl~TY COL7NTY OF 1?kKa'~A ~- ~-res The foregoing ;,,~,n,ent was acl~owledged before xue this f7~ dog of ~-~ ~ ~ L- .2996, by GkK~u ~*rr~the v ~'~{r of Barton Sand 8: Gravel Co_, a Division of Tiller Corporation, a ~nesota corporation, on behalf of the corporation. ~~ Notary Public ~..... STATE OF Nt[NNESOT.A. sF3ENT ~. $L'~FLU~TER liF4'F'11RY PU@t]C - ktJtiHE9CTA SS. DAKaTA COUNTY COITN'!`Y OF - sir ~y s~~ `~` The foregoing instrument was acb-nawledged before me this day of I.996, by .the of Elk River Landfill, Inc., a Minnesota corporation, the fee owner ofthe subject property. Notary Public cugS£-$albslsr ga~~ is ST4TE OF MINNESOTA ss. Co~~ o~ The foregoing instrument was acknowledged before me this day of . I996, bSr ~~ the of E~: River Landfill., Inc., a I1~i.zauesota Corporaf~zou, the fed owner of subject propertiy. _, Notary Public This instrument was drafted by. City of E]~: River Building and Zoning Department 1.306a Orono Parkway PO Box 490 Ell,: River, b~N 53330 + ~ ~~-V rif R d~hz~~r~ Rte` v, 1,iG.., ..~~ ~EJ.',/4 Yi~h'i'QkE ~ r .w,. w . ~,.,,. cnpS':~-Btt!orlsr E~~i~iSYT A :~?87~~ She:burne County Abstract ~ Title Go. p~'VI~IER'S pC}LIC"i~ Schedule A CASK NLT::1i83Zs e~M00PiT OF IhSURANCB: POLICY NLFtF3S12: TEfi POLICY 2v"7M3~8 SEOWN ON T3IS SCHEDULE M'{ISR' AGRSS AtITH THB Ps'~oRIPITBD ND:fl3R OPT TH3 C0V8R SH38T. 1. Policy Date August 17, '1995 at 5:DE3 P.H. Z, The Insured hereunder, z~n. whom titles to the fee simple estate is vested, at the dz:te hereof, is: lk River Landfill. Ine. 3. The land referred to 3.n this policy is situated i.n the County of Sherburne. State of Min,aesota and is described as follows: P.3RC L. 3 shat paxt of tYte Northeast Quarter of the Northwest Quarter of Section 3, Township 33. Rznge 2S, 3egcribed a5 follows: ,~o~encinq at the point of intersection of the North line of sai3 Nort~.east Quarter of the Nor~Wethence Southerlytalongssaid right-o£-~y.rt h~tersectoa U.S. gighway No. 159. line parallE''f the Nartheast£Quarter of the orthwestdQuarterhsa dgpoint ofsa~ a the~land to be describe North line o intersection being tTae actual point o€ beginning oL thence west alointerse tathelSouth ~.inedofttheesaidSNortheasttQuarteroof the a right angle to northwest Quarter; thence East along said SthencelNortherly along s~ash~Shway Westerly line of the highway right-of•way: right-of-way to the point of beginning, Sherburne County. Minnesota- PARCEL C The North 525 feet of the tidest Hato thetUnited States4Govee~uentssurvey thereof Township 33. Range 25, according and situate in Sherburne County. Minnesota. AND -Continued- Sherbu a County Abstract ~ T3,tle Co. '`r' ~ ~o ALTA Owner's Policy 14-17-92 Authorixe8 O finer or Agent ~~t.~ r ~~ j ;t~ i ,,.,.,,sm.r..+R~+er.~r..r This policy is invalid unless the cover sheet and Schedule 3 a_e att t 0LI3gEPt3BLIC nart~ 3720 ;~?~~~ ~ The North 525 feet of that part of the Northeast Quarter of the Southeast Quartet of Section d, 'township 33. Rarige 26, Iyinq Ease of the Great lvorthe_-rs Railway, AND that. part of the East Haif of the Northeast Quarter of Section A, Townstts.p 33, Range 26, lying East of the Great Northern Railway. according to the United states Government Survey thereaC and situate in SherSurn~: County, Mi.n.~esota. - D That part o oath 204 feet of the Southwest Quarter of Sectio Townshi'P 34, Range rburne County, Kixvciesota, lyin the ' following described line; at the S_ corner of the Southwest c~~ Quarters thence east along she So g Southwest Quarter, a distance of 1722.70 feet to the _ oint of beginnin ine to be described; ~' thence Naz'thea effecting 79 degrees 26 minutes 37 s ft to the North 1' ~ the South 200 feet of said South Half of the Southwes an ere terrainatinq thereat. PARCEL z That part of the North Half of the Northwest°Quarter of section 3, Township 33, Range 26 1}ring Westerly of the fallowing described real estate, to-wit: Commencing at a point on the North Line of the said North Half of the Northwest Quarter &50 EeeL distant west of L•he intersection thcreoC wil.h the westerly right of way line of U. 5. Highway No. 169 as presently located and established: thence South and parallel with the west Zine of the said North Half of the Northwest Quarter to the South line thereof and there tersRinating, excepting therefrom the South 33 feet thereof, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Ps~T~CEI~ F The Northwest Quarter of the Northwest Quarter of Section 3, Tawaship 33 North, Range 26 West; and '~~ That part of the south Half of the Northwest Quarter lying west of U. S. Highway No. 169, and the Northerly 52S feet of that part of the East Half of the Southwest Quarter lying Weft of f3. S. Highway No. 169, all in Section 3, Township 33~Narth, Range 26 West, according to the United States Goversuaent Survey thereof and situate in Sherburne County, Minnesota. PAftCEi, H The West 92.70 feet of the North 470 feet of that part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, i -Continued- (~, * OLD REPUBLIC page 2 POLxCY NUNLT38R: SV 246206 ~L ~ ,,•,,""~".`.•~..'°~-"•'~ lu*..` ~~ill~~~~*+ ~# vn~ rvrm.ricu i ~ r~ • SherbLrne Cfleszty, Mi:iaesots. lying east o£ a line described a5 Begin*~,1ng a~ a point on the North lice of said Northeast Quarter o; the Northwest 4ua=te- a dis=azce~of 550 feet west o£ the intersection o£ said No-th line with the Westerly right-of-way line of U. S. xighway No. 1fi9: thence south parallel with the titest line of the North xa~.f of the Northwest Qua-ter to intersect the South line of said Northeast Quarter o£ the Northwest Quarter and there terminating. PrSS'~Cs.L I That Part of the Northeast Quartet of ~eMinnesota~ 4Y~ngesouthsactthe South +iownship 33, ~a~'~e 26, Sherburne County. thereof a.*ld lying line of the North 470 feet, as measured at right angles. west of the following described line, Comore-~cinq at the point of intersection of the North line of said Northeast Quarter o£ the Northwest Quarter with the ~ ongrsaidihie~hway zirht of~way to internect~ahl~xte parallel thence southe Y slims and 470 feet south of, as measured at right angles t°• said North line o the Northeast Quarter of the Northwest Quarters thence west along said pasalle7. line a didescrabed:5thence~South ataright angles°to ester ect the e line to be hereby south line of said Northeast 4narter o£ the Northwest Quarter r.nd ere terminating. c; ~~ #(t~,; LICY NIIl3BE~t: SV 2446206 ~~1~~~~~~lii~~~ ~ ~TREPUB page ~ ~ 1 ftl Tiller Corporation ane-at ids gxradiesg diaisifleas TILLER 8aefal Sarxt & Gravel Co. G O R P ©R A T l ©4V' commercgat Asph,ait ~~'. Barton irnterprises, Inc. A.CI. Box 190 general: (7(>3j 42•'a=t19t 720o Hemlock Lane, Suite 2tXl ~: ~~'~ 92a-?153 Ala le Grove, A~esofa 55311 p cr eh: a~+~cti•.fiilercorp.rc~m August 4, 2U11 Rebecca Haug City of Elk River 13Ub5 Orono Parkway Elk River, MN 55330 Re: CUP Amendments, Case CU 11-13 Dear Ms. Haug: Thank you for taking time to visit with nle pertaining to our application for amendments to our Conditional Ilse Permit (CUP} on property owned by Elk River Landfill, lnc. 1 am writing to clarify the t4ming of vegetation removal that will be employed with the proposed amendments to the CUP, Case CU 11-13. Removal of exist4ng vege€ation in the area contemplated in the CUP Amendment will remain until after the berm improvements proposed on the attached plan have been constructed. In additiotl, if the amendments in CU 11-13 are approved, we understand the City is requesting that Tiller Corporation amend its existing CUP allowing mining on our property. The purpose of the amendments wi11 be to 1} ntod4fy the approved reclamation plan so that it is consistent with the proposed landfill final grades and 2} establish a phasing plan for screening alotag 221 Ave. NW. Tiller Corporation agrees to apply for these amendments before the beginning of the next mining season.. Please contact me ifyou need anything further. 1 may be reached at (763} X25-191. Respectful4y, Tiller Corporation ~ ,-.'~ .- f . f -~ ~. .. Michael Caron Director of Land Use Affairs enc: ' GrrrnRad~y is c i=q~a9 lurr~ly yer ~ ~~Or /~ ~' o 0 ~0 ~D ~ - ~--~ .~ ~' ~-`~~/ ~ o~o~ ik ~~ ~/ %/~ 01' 1020 ~~ 1010-~ 1000- g0- I 0 \'~ ~ O ~_ z Z (~ ~ o C ~ = ~ z ~ o- II I ~ ~ O ~ O ~ ~ C ° r o o ~~ o rnW \ ~~ ~ `~ ono ~_ 020 _1 ~3~ , Oj 1 ~° O O' OO \ ~ O Gb ~ Ili ~ ~ I ~ ~ ~ i ~~0~ v~0 0~0, -OSO[ Landmark Environmental LLC July 19, 2010 Ms. Rebecca Haug Environmental Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Tiller CUP Amendment Application, June 2011 Dear Ms. Haug: As you requested, Landmark Envirolunental, LLC has reviewed the Tiller CUP Amendment Application. City ordinances for Mineral Excavation outline the requirements for applications in Sec. 42-52. 1. The application does not completely address the requirements of subparts (7)} (8) and (9) of the ordinance related to the appropriate level of detail for teclnical review. A basic element fol• assessing site conditions and intended activities is a detailed grading plan. This must be provided by the applicant to determine compliance with ordinance requirements. 2. In item # 11} "Depth to Water Table", of the application, it is stated that no mining will occur within the water table. The application further references ali elevation of 955-957 feet MSL. A map of groundwater elevation in relation to the grading plan is required to determine compliance with City requirements. 3. The surface water management techniques proposed for the mineral excavation operation must be fm~tller defined in relation to the grading plan. Locations of surface water ponding must be identified to determine the suitability of the Plan of Operation. 4. The requirement for Topsoil Preservation (Sec. 42-96) is not adequately addressed. The Plan of Operation must identify the locations of topsoil stockpiles to assist in determining compliance with the ordinance requirement. 5. The Rehabilitation Plan, as required by Sec. 42-52, subpart (1.), relies on the approval of Elk River Landfill's CUP/License Amendment Application dated February 2010. I would recommend that a condition be added to require submittal of an acceptable Rehabilitation Plan in the event that the Elk River Landfill's CUP/License Amendment Application is not approved. Please contact me at 952 887-9601, ext. 207, if you have any questions or comments regarding this review. Project Engineer F:\PROJECTS\CER-City of Etk River\2009-07.01\Corr\Letters 2011Ut110714Haug.doc 2042 W. 981h Street Bloomington, Minnesota 55431 Phone: (952) 887-9601 Fax: (952) 887-9605 www.landmarkenv.com