5.6. SR 08-15-2011REQUEST FOR ACTION
To Item Number
Ci Council 5.6.
Agenda Section Meeting Date Prepared by
August 15, 2011 Rebecca Haug, Environmental
Communi Develo ment Administrator
Item Description Reviewed by f,,N'
Request by Tiller Corporation to Amend Conditional Use Robert Thistle, Interim Ci Admin
Permit to Allow Mineral Excavation of Approximately 8.9 acres Reviewed by
of Property Owned by Waste Management, Inc., Case No. CU Peter Beck, City Attorney
11-13 -Public Hearin
Action Requested
Staff and the Planning Commission are recommending the City Council approve 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 2218` 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 2218t 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, unless staff
approves limited removal of trees to allow for installation of the 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 east end
of the 8.9 acre buffer, without removing any significant trees, for the purpose of
constructing the berm improvements identified in # 1 above.
5. Within 45 days of the City Council vote approving the application referenced in
condition no. 4, Tiller, through its counsel, will authorize its counsel to withdraw the
appeal filed by ERL and Tiller known as "ERL Iii' (Appeal No. A11-0212)
Background/Discussion
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.
Case File: CU 11-13
Page 2
Tiller Corp.
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 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
material from the buffer zone will be used to construct the berm along the west side of Tiller's
entrance along 2215`. Please see the attached map. The berm will be vegetated this fall.
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.
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 six months of an approval for the Landfill
expansion, Tiller will amend their existing CUP for their gravel operation and hot mix asphalt plant
to include a revised phasing plan, bermuig and screen plan for the West side of the property along
2215` Ave and reclamation plan.
Planning Commission
No comments were received at the public hearing.
The Planning Commission recommended approval of the request with a 6-0 vote.
Attachments
Proposed 2011 Amended CUP
Planning Commission packet dated August 9, 2011
C:\Users\jjohnson\Appllata\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\SFWAYSNS\CU 11-13_CC.docx
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT(Agreement), made and entered into this day of ,
2011 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
(Operator);
WITNESSETH:
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; and
WHEREAS, the Ciry Council by motion adopted January 15, 1996, approved a conditional
use permit for the Operation of a gravel mining Operation on Property legally described on the
attached Exhibit A (the Property), subject to certain conditions, including that Operator enter into a
License Agreement and Conditional Use Permit with Ciry so as to fully comply with the City's
Mineral Excavation, Zoning, and other applicable Ordinances; and
WHEREAS, on May 30, 1996, the City of Elk River entered into an Agreement for Issuance
of a Conditional Use Permit for Mineral Excavation with Straightline Excavation, Inc. and Barton
Sand & Gravel Co, a Division of Tiller Corporation; and
WHEREAS, Tiller Corporation, successor to Straightline Excavation, Inc. and Barton Sand
& Gravel Co., has made application to City for approval of an amended conditional use permit to
operate a gravel mining Operation within the City on June 24, 2011; and
WHEREAS, the City of Elk River Planning Commission and City Council held
hearings on Operator's request for an amended conditional use permit, at which hearings all citizens
of the City of Elk River and other interested parties had the opportunity to be heard on the
application; and
WHEREAS, the Ciry Council by motion adopted August 15, 2011, approved an amended
Conditional Use Permit for Tiller Corporation for the Operation of a gravel mining Operation (the
Operation) on the Property, subject to conditions.
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
supersede all prior Conditional Use Permits issued to Operator and its predecessors for mining of
the Property, shall constitute the Conditional Use Permit for mineral excavation on the Property;
and, and together with the License Agreement to be executed by City and Operator (License), 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.
Page 1 of 8
2.) Warrant~of Operator- Operator hereby warrants and represents to the City, as
inducement to the City's entering into this agreement, that the Operator has a valid lease for the
Operation and the fee owner of the subject Property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(01) This Conditional Use Permit authorizes Mineral Excavation (gravel) from the
Property.
(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 Operator, which
plans and materials are the basis for the City's approval of the Conditional
Use Permit.
(03) The Operator shall orally notify the City of any violations of this permit
within 24 hours and follow this with notification in writing within 4 working
days of the violation. The Operator shall notify the City annually in writing
of the total area and amount of material mined and projected estimates of
area and amount of material to be mined in the following year,. This is to be
done at time of License renewal.
(04) The License must be renewed annually and shall run from January 1 S`
through December 31". 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.
(05) Violations of this Conditional Use Permit may result in suspension or
revocation.
(06) The City Environmental Administrator and Building Official and/or his/her
agents shall be permitted to inspect the Operation for compliance with the
conditions of this permit during normal hours of Operation.
(07) The City's approval of this Conditional Use Permit is subject to the approval
of appropriate permits by other governmental agencies.
(08) No explosives shall be allowed for this Operation.
(09) Reclamation
Reclamation shall be consistent with Elk River Landfill's closure plan. In the
absence of a valid reclamation plan (closure plan) by Elk River Landfill on all
or part of the Property, the Operator shall submit said plan for approval by
the City.
Page 2 of 8
(10) Traffic
a. Except for localized jobs, traffic through Elk River associated with this
Operation shall be limited to U.S. Highway 10 and 169.
(11) 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. All equipment shall be located as to reduce dust to adjacent properties.
c. Water, but no chemical agents, shall be used to control dust as necessary.
d. The City reserves the right to require additional measures to be taken, if
warranted by dust problems, including but not limited to reducing stock
pile heights.
(12) Hours of Operation
All mineral excavation, processing, and sales activities shall be conducted
between the normal hours of 7 a.m. and 7:00 p.m., Monday through
Saturday.
(13) Noise
a. 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.
b. Noise levels associated with this Operation shall at no time exceed State
standards.
c. The City reserves the right to require additional measures be taken, if
warranted by noise.
(14) Sh°n
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.
(15) I,ightin~
Lighting from the Operation shall be directed away from adjacent residential
Property. Glare, whether directed or reflected as different from general
Page 3 of 8
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
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.
(16) 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.
(17) 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.
(18) Groundwater protection measures shall include:
a. 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.
b. The Operator shall provide the Fire Department with a copy of their
flammable or hazardous materials.
c. Fuel tanks shall be above ground, properly diked (f required by law), and
registered with MPCA.
d. All incidences that have the potential to adversely affect groundwater,
including but not limited to spills, shall be verbally reported to the City
within 24 hours. This verbal notification shall be followed up in writing
within 4 working days.
e. Gravel wash Operations shall be prohibited on the Property.
f. Mining Operations shall be conducted a minimum of five (5) feet above
the seasonally high water table. .
g. The appropriate storm water permit shall be obtained by the Operator
from MPCA.
(19) Few- The entire perimeter of the Property shall be fenced.
(20) Screening and Buffering- No mining Operations shall be conducted within
two hundred (200) feet of the Property boundary, with the exception that
mining will be allowed within the southern 200 feet of the Property, subject
to these conditions:
Page4of8
(a) Prior to removal of any trees from this area, a landscaped berm shall be
installed along the west entrance to the Operator's property along 221"
Avenue, as shown on the plans submitted by Tiller Corporation .dated
June 24, 2011. Vegetation of the berm shall be completed by December
31, 2011.
(b) Operator shall apply for an amendment to the Conditional Use Permit
for its existing mining operation and hot mix asphalt plant located north
of 2215` Avenue within 6 months. The amendment shall include:
(i) A revised phasing plan, berming and screen plan for the west side
of Operator's property along 221St Avenue which shall show a
continuance of the berm along 221St Avenue to the west. This
berm shall be installed prior to removal of any trees within 1,000
feet to the north of this berm, unless City staff approves limited
removal of trees to allow for installation of the berm.
(u) Anew reclamation plan for mining operation between the
Landfill and 221St Avenue which reflects the 27.2 acre landfill
expansion plan.
(21) This Agreement shall not take effect, and Operator's Conditional Use Permit
shall not be amended unless and until Waste Management's Elk River
Landfill applications to expand the Landfill are approved, with the exception
that Tiller may immediately begin mining on the east end of the 8.9 acre
buffer, without removing any significant trees, for the purpose of
constructing the berm improvements, described in (20) (a) above. If Waste
Management's Elk River Landfill applications to expand the Landfill are not
approved, this Agreement shall be null and void and Operator's Operations
shall be subject to its existing Conditional Use Permit, originally issued on
May 30, 1996.
4.) General Provisions-
(01) Permits- Operation 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.
Page 5 of 8
(03) Severable- In the event that any portion of this Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the
validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of a breach of
any provision of this Agreement will not operate as or be construed to be a
waiver of any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the
United States mail to the addresses hereinafter set forth by certified mail
(return receipt requested). The addresses of the parties hereto are as follows
until changed by written notice given as above:
If to the City at: City of Elk River
Attn: Environmental Administrator
13065 Orono Parkway NW
Elk River, Minnesota 55330
763/635-1000
If to the Operator at: Tiller Corporation
Attn: Mike Caron
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, Minnesota 55369-6480
763/425-4191
If to the Owner at: Elk River Landfill, Inc.
Attn: Debra Walters
22460 Highway 169 NW
Elk River, MN 55330
763/441-2464
(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.
Page 6 of 8
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 RNER FEE OWNER(S) OF PROPERTY:
By:
John J. Dietz, Mayor
By:
Tina Allard, City Clerk
OPERATOR:
TILLER CORPORATION
By:
Its:
By:
Page7of8
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of ,
2011, by John J. Dietz, the Mayor and Tina Allard, City Clerk of the City of Elk River, a Minnesota
municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this
2011, by
the
Minnesota Corporation, on behalf of the corporation.
day of ,
of Tiller Corporation, a
Notary Public
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this
2011, by ,the
wholly-owned subsidiary of Waste Management of Minnesota, Inc.
day of ,
of Elk River Landfill, Inc. a
Notary Public
Page 8 of 8
REQUEST FOR ACTION
To
Plannin Commission Item Number
~~ ~~
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.
(~XjMl), subject to the conditions listed below:
1. Installation of a berm along the west entrance of the gravel operation, along 2215`
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 A st 23, 2011
Requested Action Amend existing Conditional Use Permit
Case File: CU 11-13
Page 2
Tiller CUP
City of Elk River
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 (NIE)
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.
Musing 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 for 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.
A~,plicable Regulations
A. Standards for Issuance of a Conditional Use Permit (Section 30-6541
Case File: CU 11-13
Page 3
Tiller CUP
Cite of 1/Ik 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 2215L. 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 221`t Ave and reclamation plan.
Case File: CU 11-t3 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 ~forion b~~ Second by Vote
Follow Up
June 2011
~r
TILLER
CORPORATION
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,
_~l-~ -
irsten Pauly, PE/PG
Date: 6/23/11 Reg. No: 21842
TILLER CORPORATION APPLICATION FOR AMENDMENT TO
CONDITIONAL USE PERMIT
FOR MINERAL EXTRACTION
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
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m C
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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
200' Proposed Mining Area
Property
~~ 200' Mining Boundary 30' Mining ~~,
~ Setback Setback ~
I
~ ,
Tiller Corporation I
Mining Operation ,
Permitted for Mining ~,
I
~I
Revisions to Mining Limits
Figure 2
Existing 200' Zone
June 2011 Permit Application
f
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} ) S ~ „ 3 c.
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~~_~' -~ _, Mining Operation
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Elk River Landfill ~
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-Area of Permit Request
for Amendment
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USGS Quad Map Excerpt
Elk River and Lake Fremont Quadrangles
Figure 3
June 2011 Permit Application
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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.
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.
1 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;
1 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.
i~
i~
u
,~~~'79a X28798
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C ear, ^. `I R'. s~.~.. GV.. ~1:Y 1Y.
CITY OF ELK RIVER C'; ~ _ ~ ~~ J ~ ~
AGREEMENT F4R ISSUANCE t3F
COIr=I?ITI4NAL USE PERI4IIT
FoR '98 ~l1L ? 5 r Cl ~. 26
:vaNER.gL E~cAVATI~N ~ ~, .
~~ . _.
THIS A~REEI~'TENT, made and entered into this 3~ day of
~1 ~~ . I996, by and between the CITE OF ELK RIVER., a municipal
corporation organized under the Iaws of the State of I~Ii.nnesota (City), and
STRAIC~HTLINE E~CA~%ATION INC., a Minnesota corporation and
B 4RT0?~ S_~~TD 8, ORA~r~L CO. a Division of miller Corporation, a
Nf;nnesota corporation; hereinaftex collectively referred to as (operator);
VvZTNESSETH:
W~RE.~S, Operator has made application to City for approval of a
conditional use permit to operate a gravel mining operation within the City
am property IegaIly described as follows: See attached Exhx`bit A.
(the Property}; and
WHERE.4.S, the City of Ells 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 EIS: River and other
interested parties have had the opportunity to be heard on the application;
and
Vti%HEREAS, the City Council by motion adopted January I~, 1.996,
approved a conditional use permit far the operation of a gravel n,i,~,ing
operation (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 I1~ineral
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~r, THEREFORE, in consideration. of the premises and the mutual
promises and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Ae~eemex~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,
..
'~~~'~~8
Page
shall govern the parties rights, responsibilities, aad obligations with respect
to the Operation, subject to the compliance bg all parties with applicable city
ordinances and state and federal laws.
2.} 'warranty of Ot~eratox- Operatoz~ hereby warrants and represents
to the City , as inducement to the City's entering into this agreement, that
the Operator has a valid lease 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:
(OZ) This Conditional Use Permit authorises Mineral Excavation
{gravel) from the Property_
(02) ~Il mineral excavation and processing operations an the
property shall comply with the City's mineral excavation, zonizzg
and other applicable ordinances; with the terms of this
Conditional Use Permit agreement and the license agreement to
be executed by the City and operator; with the City of Elk
River's Environmental Impact Statement on mineral excavation;
and with the application materials and plans submitted by the
operator, whack plans and materials are the basis far the Gigs
approval of the Conditional Use Permit.
(03} The operator shall orally notify the Citg of any violations ofthis
permit within 24 hours and follow this with noti#icatzoz~. in
writing within 4 worlring 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_
(04} The license must be renewed ann~sally and shall run from
January Ist through I}ecember 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
license fee is not in lieu o£ gravel tax collected by the County
and a portion of which the City receives.
(05) Violations of this Conditional Use Permit may result in
suspension or revocation.
~uQSr san~~~
r ~ - - Page 3 ~~8~~~
(06) The City wilding and honing ~clminisstrator andlor hislher
agents shall be permitted to inspect the operation for compliance
with the conditions of this permit during normal hours of
operation.
(Q7} fihe City's approval of this Conditional Use Permit is subject to R
the approval of appropriate permits by other governmental -.:.~,
agencies.
~..,.
{98) l~io e~~plosives shall be allowed for this operation.
(09) Re~taznation
Reclamation shall be consistent with Elli River Landflt's closure
glen. In the absence of a valid reclamation plan (closure plan)
by RLh River Landfill on all or part of the pxoperty, the operator
shall submit said plan for approval by the city.
(1.0} Ztra r
a. Except for Ioca.Iized jobs, tra€fic through EIk River
associated with this operation shall be ]united to U.S.
Highway Id and 169.
(II) Trust Cc>.ntrol
a. A permit from NII:'C4 regarding air emissions shall be
obtauned when required and particulate emission
standards shall be met by the operation.
b. All equipment shall be located as to reduce dust to
adjacent pxopexties.
c. T~ater, but no chemical agents, shalt 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 limited to reducing stack pile heights.
~psT-B~Sr
Page d
{i2} Hours of 4peratien
AlI mineral e~:cavation, processing, and sales activities shall be
conducted between the normal hours of r:00 a.m.. and r:00 p.m.,
1Vfanday through Saturday.
{33) Noise
a. The noise from screeniu ; 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.
b. Noise levels associated with this operation, shall at no
~e exceed State standards.
c. The City reserves the right to xequixe additional
measures be taken, if warranted by noise.
(1~).
a. No unscreened outside storage shall be allowed.
b. The operator shall have an approved hazardous waste
license for tlxis facility and properly dispose of or recycle
all waste.
{15} La.'ght~e
Lighting from the operation shall be directed away from.
adjacent residential propertyr. Clare, whether directed or
reflected as difi'erent :from beneral 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 ~-*~~n~mum subtotal of their illuz~a.i~zation shall not increase
the level of the illumination on nearby residential property by
more than .I foot candles in or within 2~ feet of a dwelling, or
more than .d foot candles on any part of the adjacent property.
(I6) The piling, storing, or beeping 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 front adjacent properties or is totallyy screened.
~ps~ s~~
Page 5
.~?~7~~
(1"t~ 11s..ining 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.
{1S} Groundwatex protection measures shall, include:
a. The operator shall ~.le with the City an emergency spill -
xesgonse plan. The operator shall adhere to this plan in
the event there is a spill. ,
b_ The operator shall provide the Fixe Departanent with a
copy of their flammable or hazardous materials.
c. Fuel tanks shall be above ground, properly diked {if
required by Iaw}, and registered with ?1~PCg..
d. Alt incidences that have the potential to adversely affect
groundwater, including but not limited to spills, shall be
verbally xeported to the City within 24 hours. This verbal
notification shall. be followed up in writing within ~
worltiing days.
e. Czzavel wash: operations shall be prohibited on the
property.
£ Mining ogerations shall be conducted a ~+~n;mtsm of eve
(~) feet above the seasonally high water table_
g. The appropriate storm water permit shall be obtained by
the operator from MPCA.
{19} Fencis3~ -The entire perixneter of the property shall. be fenced.
(20) ~creenina and l3ufferin~ - No mining operations sball be
conducted within two hundred (200} feet of the property boundax5=.
Further, within this two hundred (200) foot buffer area trees shalt be
left fox screening. In open areas where trees do not exist, screening
shall be accoxxiplished by the construction of a m~n~mum sip {6) foot
high berm planted with evergreens.
4.} Generat l'rovisi s-
(O1) Per~#,~- Operator agrees to comply vrith all of the provisions ~-l
hereof and agrees to save and hold the City harmless from any and all
cupsT-Ba16~Jsr
..~
Page 8
claims or actions arising from the operations of the Operator on the
Property.
(02) Biding Efi'ect- The terms and provisions hereof shall be binding
upon, and inure to the benefit of the heirs, representatives ,successors,
aad 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 ,n,nnTr~g with the land. This Agreement shall be placed of
record so as to give notice hereof to subsequent purchasers and
encumbrances of aIl or any part of the Property, and all recording fees,
if any, shall be paid by the Operator.
(03) Se_v_erable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shaIl not affect in. any respect
whatsoever the validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of
a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any subsequent breach of this Agreement_
(Q~) l~otices- All notices and demands specifed 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). The addresses of the
parties hereto are as follows until changed by written notace given as
above:
~v~ $~~
•.
Pager ~ ~87~~
If to the City at: City of ELF River
ATTN: $nilding axzd Zoning Admix~istratar
I306~ Orono Parb-way
P.O. Box 4~0
Elb River, N1inaesata ~~330-fl490
If to the Operator at:
Straightline Excavation Inc.
Attn: Dan Kreger
PO Bax I14
12&28 Fremont Ave., Suite 2
Zimmerman, ~N' X5398
and
Barton Sand & (Gravel Co.
Attn: Brent Schlueter
Po Box ~4so
Rtaple Grove, MN 55311-6x84
(46} Incorporation by Reference- 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 forth. herein in full.
IIV ~rVTTNTESS WHEREOF, the City and Operator have caused this
Agreement to be duly executed an the day and year first above written.
C OF ELK Rn+`ER
By:
$y.
By:
By:
OPERATOR: OPERATOR:
STRAiGHTLIlti7E EXCAVATION BARYON S_4ND R: GR~~~L CO.,
IIv C_ A DISr-ISION OF TILLER CORP.
..-
Its: Yecutive vice resident
cupST BalbTlsr
FEE OWNER (S) OF
Its: City Administrator
~~~~~~
• ~ Pale 8
STATE OF MII~I~~ESOTA
ss.
COUTTTY OF SHERBURN~
e foregoing instrument was acknowledged before me this. day of
~- 1.936, by Henry A. I?uitsman, the Mayor of THE
t~TY OF ELF RIVER, a l4'linnesota municipal corporation, on behalf of
the corporation.
,~ ,.
Notary Public
STATE OF 14II.~NESOTA ~~`
SANpBA A'fl-1pCKERAY
ss. r~o;u~r~
COUNTY OF SHERBURN~ 'ti~r ~ ~ ~y~„y,,.aa~3i,zoao
e foregoing instrument was acknowledged before xne thisc~ d~.ay of
1.996, bg Patrick D. Klsers, the City Administrator of
CI OF ELH RISER, a Minnesota municipal corporation, on
ehalf of the corporation.
otary
STATE of ivaNl~~soTA
ss_
COUNTY O "~~-~ ~ui+~e--+
sar.~.a~c~ar
~- ''' • taor~Y ~.oo-~urrv
sH~xsl~ctx~lrr
-- h1y Comm. Expitrt,Fm.31.200a -
The foregoing instrument w s ackno~ ledged before a this ~4 day
of X996, by ,~. ~ the ~~ of
Straight a Excavation Inc., a Minnesota corporation, on behalf of the
corporatson.
LJ
Nat Public
STATE OF MINNESOTA
ss.
CO~U~ITY OF SH.BRBURIv"E
~QSr s~~
Runt a s~ar~t
r+aruir ~*
err caaxss~ac s,,rs~o
:.
~ t
_ a
Page9 -~~~L~'"~:
The foregoing instrumen ~sTas ac - owledged before roe this J'~ day of
G' 1996, by ~-~ ~ _; the ~ of
Strazgh~ine E~.cavation Ine., a ?~ ' esota corporation, on behalf a£ the
corporation.
No' ary Public
STATE OF MII~?~SQTA Rar~t ~. swat
s++aru~r
Ss. _ ,rr cou~ss~av ~rwa,~~7m
COI~'T~ OF D~sco-r'~
The foregoing instrument was acknowledged before me this t~ ~ day a£
k~rUL- .1956, by ~~-~c ~. S~~ , the ~rLES~ b ~ r of Barton
Sand & Gravel Ca., a Division of Tiller Corporation, a Minnesota corparafian,
on behalf of the corporation.
F2~~
lvotary Public
ST9.TE OF MI~NESOT.4 t~;~ c~~u~t
ss. QAxaSA CotS~tTY
Iiy ~ ~
COUNTF OF DkrCorr~
The foregoing ir~ctrt~ment was acknowledged before zne tbas f7~ day of
~-~ ~ ~ L- . I.996, by GkY~ ~~the V ~ ~{{ of Barton Sand 8: gavel
Co., a Division of Tiller Corporation, a Minnesota corporation, on behalf of
the corporation.
STATE OF MI~'NESOT.A
SS.
COZTI~'TY OF
~'~'~~ _
Notary Public
BRE1~T A. $~}iLU~TER
~DAECC}~T COtI~A
!~y Commlbtozs F~ptaea
- dsnutsY 39, 2DQD
The foregoing instrument was acbnawledbed before me this day of
1995, by .the of Elk River Landi'sll,
Inc., a Minnesota corporation, the fee owner of the subject propezty.
Notary Public
eup5'£-Ba/bsJsr
~?~~'~~
ST4TE OF MI?~ESOT~
ss.
COUf~;TY OF
~~~~ is
The foregoin5 instrument was aclLnowledged before me this dad of
. I996, by ~~ the of Ells River Landfill,
Inc., a ?1~i,zw,esota Corporation, the fed owner of subject properly.
~iotary Public
This zztstrument was drafted bs•.
City of Eli River
Building and Zoning Department
1.306d Qrono Park~rap
PO Box 490
Ell,; River, l~~N X3330
i~~c~~ " ::~,'~ ~ ~~'roce v
.. ~ p..y....+
.~rw.
cnpST-Bafprlsr
EX~i~iB~T A
:~?8'~v~
She.:.burae County Abstract ~ Title Co.
O~'YI~IER'S Pp~tCY
Schedule A
LASS NQM83s2:
At'SOD:IT OF INSIIRANCB: POLICY NC3N3812a
TES POLICY 2v'DlS3e8 SSOWN ON T3I5 SCL'BDULB }iVST AGRSS T~IITH THS P~3pgINTBD N[7ti33R ON '~'~
COV3?; 5$3PT.
~.. Policy Date August I7, 1995 at 5:0~ P.M.
2, The Insured hereunder.
date hereof, is:
x.n.wham title to the fee simple estate is vested, at the
Slk River Landfill, Inc.
3. The land referred to is thin yolicy is situated i.n the County of Sherburne. State of
Minnesota aad is ~'eS~~ed as follows:
Fe3RC=U 3
That part of the Northeast Quarter of the Northwest Quarter of Section 3,
Township 33. Renge 26, described as follows:
Commencing at the point of intersection at the North lime of said Nor~heast
Quarter of the Northwest Quarter with the westerly line of the rt h~~e=secti a
U_S_ Highway No. 3&9: theace~Southerly along said right-of-~-aY•
line para11e1 with an heast£Quarter of the o thwestdQuarterhsaidQpoiat ofsa~d
a the~la~ad to be describe ;
North line of the Nort
intersection being tie actual point o£ beq~.nts~.nq oL
thence west along essec arhelSouth 1ix~eao£ttheesaidSNortheasttQ~rteroof the a
right angle to int
Northwest Quarter; thence East along said South line to rote=sect a Sz1
- thence Northerly along Baia highway
trJesterly line of the highway right-of-waSherbuxsse County. Minnesota.
right-of-way to the point o£ beQisinznQ.
PARC£L C
the North 525 feet of the west Hato the United States4Govee=nmentssurvev thereoy
Township 33, Range 25, according
and situate in Sherburne County. Minnesota.
AND -Continued-
sher'ou'rTie County Abstract ~ Ti.tle Co.
'r' ~ ~~ ALTA Owner's Policy 10-I7-92
Authorized O ficrx or Agent ~r~*~*
~~~ a K.,....ss~rr-.now ryw~r
This Policy is invalid unless the cover sheet and schedule 8 are att ~*{rt OLD ggPt3BLIC
nerd, ss2o
~~~~~~
The Atorth 525 feet o£ that part o£ the Northeast Quarter of the Southeast
Quarter of 5ecciora 4, 'township 33. Range 2b, Iyinq East o£ the Great Northe~~-n
Railway, P.Np that. part o£ the East Haif of the Northeast Quarter of Section Q,
Township 33, Range 26, lying East of the Great Northern Railway, according to
the United states Government Survey thercoC and situaLC in Sherburne County,
Minnesota.
"~ n - -
That part of outh 204 feet of the Southwest Quarter of Sectio
Township 34, Range rburne County, :•Sizuiesota, lyin the
following described Line; _ at the S corner of the Southwest ~~
Quarters thence east along the So a Southwest Quarter, a distance
o£ 1722.70 feet to the oint o£ beginnin ine to be described:
thence Nor'thea effecting 79 degrees 26 minutes 37 s ft to the
North 1' the South 200 feet a£ said South Half of the Southwes
an ere terminatingthereat.
PARCEL, z
That part of the North Half of the Northwest Quarter of Section 3, Township 33,
Range 26 1Xing 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 650 Ecet• distant west of Lh@ intersection thcreoC with the westerly
right of way line of U. 5. 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 ar-d there terminating,
excepting therefrom the South 33 feet thereof, according to the United States
Government Survey thereof and situate in Sherburne County, Minnesota.
P~.TtCEL, ~
The Northwest Quarter of the Northwest Quarter of Section 3, Township 33
North, Range 26 West; and
'ii
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 xalf o£
the southwest Quarter lying we$t o£ U. S. Highway No_ 169, all in Section 3,
Township 33~North, Range 26 West, according to the United States Goversuaent
Survey thereof and situate in Sherburne County, Minnesota. •
PARCEi, H
The West 92.70 fret of the North 470 feet of that part of the Northeast
Quarter of the Northwest Quarter of Section 3, Township 33, Range 26,
t,
-Contiaued-
(~ * OLD REPUBLIC
Page 2 POT,xCY NtM38R: SV 2446206 y`' ~ "'"'"''~"'"'""°`""""~
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~`~~I~~1u++ ~.
L ~ L ~
Sherburne Gou.-~.ty, Mi:iaesotZ, lying east of a line described a5 ~egiL+.*iing at n
point on the North lice of said Norr'~east Quarter o; the Northwest Quarter a
dista~ce~of 554 feet west of the intersection of said North line with she
Westerly right-of-way line of U. 5. Highway No. 1fi9: 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
terminatiag-
P~CEL I
That part of the Northeast Quarter of theM~aesotat 4YangesouthsaGtthe South
Township 33, Range 26, Sherburne County,
line of the North 47fl feet, as measured at right angles, thereof a.*id lying
west of the fallowing described line: Commencing at the point of
intersection of the North line of said Northeast Quarter of the Northwest
Quarter wi hetle ~1o-tigr~~idihie~hway eirht of~way to intense ttahl~ae parallel
thence sour. Y
with and 47fl feet South of, as measured at right angles to, said North line o
the horthex;st Quarter of the Northwest Quarter; thence West along saidof the
para?3eibe herebYidescribed;SthencetSouth ataright angles to inter ect the
line to
south line of said Northeast Quarter of the Northwest Quarter and ere
terminating.
t;
f ll ~i*~a,
LZCY NIIE'iBETt: SV 244fi2fl6 ~E~~IE~~~~Ii,~+.,~ ~""°~'r` ~PUB~~
1~age ~ ~ 11 jJ !!
Tiller Corporation
P1PlP~ Pt317~Pt'•/~~1M~ PQ1a~PSIP3d15
TILLER
Bartolt Sand & Graz el Ca.
C Q R P O R A T 1 C) N' CoPnPStercat Asphalt Ca.
Barton Eltfier~rises, fPtc.
P.O. Box 1150
geeteral: (7tti3) d35--1191
T2QQ Hemlock Lane, Suite 2W facsimile: {7t`r3} 42~-713
Ala le Graf e, MiPtrtesata aa311
P such: ars~~se+.tillerrnrp.cactnt
August 4, 2011
Rebecca Haug
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: CUF Amendments, Case ClJ 11-13
Dear Ms. Haug:
Thank you for taking time to visit with me pertaining to our application for amendments to our
Conditional Use Permit (CUP) on property owned by Elk River Landfill, Inc, I am writing to
clarify the timing of vegetation removal that will be employed with the proposed. amendments
to the CllP, Case CU 11-13.
Removal of existing vegetation in the area contemplated in the CUP Amendment will remain
until after the berm improvements proposed on the attached plan have been constructed.
In addition, if the amendments in GU 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 will be to 1) modify the approved reclamation plan so that it is consistent with
the proposed landfill final grades and 2} establish a phasing plan for screening along 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. i may be reached at (763) 425-4191.
Respectfully,
Tiller Corporation '~•~'` ~~
~-~ ~'- /r
yi
.r ~~ . ---_.. _::,.
Michael Caron
Director of Land tlse Affairs
enc:
lf~os C ~+ is r~ ~sr~#tr E
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 Enviromnental, 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 tecluiical review. A basic element fot•
assessing site conditions acid 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 an 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 further 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:\I'ROJECTS\CER-City of Elk River\2009-07.01\Corr\Letters 2011Ut110719Haug.doc
2042 W. 981° Street Bloomington, Minnesota 55431 Phone: (952) 887-9601 Fax: (952) 887-9605 www.landmarkenv.com
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