6.5. SR 04-20-1998y of
ITEM ~ 6.5.
Memorandum
TO:
FROM:
DATE:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING
& ZONING ADMINISTRATOR
APRIL 20, 1998 ~
SUBJECT:
MINERAL EXCAVATION BY
CAMAS MINNESOTA, INC.
CU 98-5
Request
CAMAS Minnesota, Inc. (Shiely Company) is requesting a conditional use permit for
mineral excavation to mine sand and gravel from a 5.85 acre site in Section 10, Township
33, Range 26, Sherbume County, Minnesota. A complete legal description and vicinity
map is included in CAMAS' application attached to this memo. The property in question
is zoned ME - Mineral Excavation Overlay District and the underlying zoning is A-
l/Agricultual.
The property is proposed to be mined to an average depth of 15 feet over an estimated
five years period. The phasing plan in the attached application shows the mining
proceeding from south to north, however, the operator may start the mine in the north.
The city's normal hours of operation for mineral excavation (7:00 a.m. to 7:00 p.m.) are
proposed. Screening and crashing the product is also proposed on the site, but no
washing operation.
Elk River Bituminous will be doing the actual mining as a subcontractor to CAMAS.
The product mined will be used in Elk River Bituminous' hot mix plant located on a
parcel adjacent to the mining. CAMAS is the owner of the mine site.
Review
Wetlands - The proposed fifty foot buffer from the mining activities to the wetlands
on the property should suffice to ensure the wetlands are not affected. As indicated in
CAMAS' attached application, the exact boundaries of the wetlands need to be
delineated, when weather permits. The contours on the Final Topography included in
the application show mn-off from the mining area being directed toward a ponding
area in a previous excavation. This drainage plan should not deprive the natural
ponds of water to a point that it will affect their water levels. Ground water in the
location of the proposal is estimated to be at a depth of 940 to 945 feet above mean
sea level, which is far below the proposed mining limits.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Traffic - The proposal will have a beneficial effect on traffic over the current
situation. Currently, Elk River Bituminous is mining sand and gravel on the west side
of Highway 169 and trucking it to the east side where their hot mix plant is located.
Elk River Bituminous' will no longer need to cross the highway or even use any
public roads to get product to their plant, since the proposed pit is on a parcel adjacent
to theirs.
Reclamation - Reclamation is another issue that benefits from this proposal. Elk
River Bituminous' current operation, west of Highway 169 and north of 213th Ave.,
encompasses approximately 12 acres. Until this 12 acres is finished, the much larger
area that is being mined by CAMAS in this location can not be fully reclaimed.
CAMAS will be taking over Elk River Bituminous' area west of Highway 169 and
finishing it with much greater speed; allowing this entire area to reclaimed.
In the area of the proposed mine, the city's Environmental Impact Statement (EIS) on
mineral excavation identifies approximate finished elevations of 960 to 970 feet
above mean sea level. The contours proposed by the applicant are consistent with the
EIS and fit with surrounding properties.
Top soil from the site will be stripped, reapplied, and seeded after mining. Staff has
directed CAMAS to consider planting trees as part of their reclamation also.
Oak wilt - The proposed mining operation requires tree removal, many of which are
oaks. Appropriate stipulations have been included in the attached conditional use
permit to address the spread of oak wilt. Because of the timing of Camas' request, the
Planning Commission is recommending an exception to the April 15th deadline for
cutting trees, under staff's direction, be made this year.
Recommendation
CAMAS' proposal is fairly straight forward and simple. It allows a much larger gravel
mining area west of Highway 169 to be fully reclaimed in the near future and eliminates
Elk River Bituminous' from needing to cross Highway 169 to transport raw product to
their plant. The area in question was anticipated to be mined in the city's Gravel Mining
EIS and, therefore, was zoned ME - Mineral Excavation.
The owners of the parcels adjacent to the proposed mine are CAMAS themselves and Elk
River Bituminous. A meeting for the next ring of property owners regarding the request
was held at City Hall on March 16, 1998. The attached conditional use permit addresses
the concerns raised at this meeting.
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The Planning Commission felt the request as proposed is consistent with the City's
Comprehensive Plan, the Elk River Gravel Mining EIS, and other applicable City of Elk
River ordinances. The Planning Commission is recommending approval of this request
with the following stipulations:
1. Under the conditions and stipulations contained in the attached conditional use
permit.
2. That the wetlands on the property are delineated and reviewed by city staff prior to
mining operations commencing.
3. That cutting trees in 1998 can take place after the April 15th deadline under the
direction of city staff.
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Exhibit B - Location Map
CAMAS Minnesota, Inc., February 1998 Conditional Use Permit Application - Page 4
Proposed CAMAS Gravel Mine- Existing Topography
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979 5
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this __ day of .,
1997, by and between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (City), and CAMAS Minnesota, Inc., a
Minnesota corporation, hereinafter referred to as (operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a
conditional use permit to operate a gravel mining operation within the City on
property legally described as follows:
The South 270 feet of the West 300 feet of the South Half of the Southwest
Quarter of the Northeast Quarter (S ½, SW ¼, NE ¼) and the North 580 feet
of the West 300 feet of the North Half of the Southeast Quarter (N ½, SE ¼),
all in Section 10, Township 33 North, Range 26 West, Sherburne County,
Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use
permit, at which hearings all citizens of the City of Elk River and other
interested parties have had the opportunity to be heard on the application;
and
WHEREAS, the City Council by motion adopted April 20, 1998,
approved a conditional use permit for the operation of a gravel mining
operation (the Operation) on the Property, subject to certain conditions,
including that Operator enter into a License Agreement and Conditional Use
Permit Agreement with City so as to fully comply with the City's Mineral
Excavation, Zoning, and other applicable Ordinances; and
Page 2
WHEREAS, the City's Zoning Ordinance requires that a Conditional
Use Permit be issued and that a Conditional Use Permit Agreement for
mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual
promises and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this
Agreement shall constitute the Conditional Use Permit for the Property and,
together with the License Agreement to be executed by City and Operator,
shall govern the parties rights, responsibilities, and obligations with respect
to the Operation, subject to the compliance by all parties with applicable city
ordinances and state and federal laws.
2.) Warranty of Operator- Operator hereby warrants and represents
to the City , as inducement to the City's entering into this agreement, that
the Operator is the fee owner of the subject property.
3.) Conditions- The following general conditions shall apply to the
Operation:
(01) This Conditional Use Permit authorizes Mineral Excavation
(gravel) from the Property.
(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 hcense must be renewed annually and shall run from
January 1st through December 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
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Page 3
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 Building and Zoning Administrator and/or his/her
agents shall be permitted to inspect the operation for compliance
with the conditions of this permit during normal hours of
operation.
(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 implemented on an annual basis
pursuant to the reclamation plans submitted by the
Operator.
Each year a plan for that year's reclamation shall be
approved by the Building and Zoning Administrator prior
to issuance of the annual mineral excavation license.
Co
The reclamation shall include top soil from the site being
preserved and put back into place after mining.
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The vegetation established for the reclamation must be
maintained until it is self sufficient.
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Contours, finished grades, and details of erosion control
methods, shall comply with the plans submitted and the
City ordinance at the time of reclamation.
(10) Traffic
Except for localized jobs, traffic through Elk River
associated with this operation shall be limited to U.S.
Highway 10 and 169.
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(11)
(12)
(13)
(14)
(15)
Page 4
Dust Control
All equipment shall be located as to reduce dust to
adjacent properties.
bo
Water, but no chemical agents, shall be used to control
dust as necessary.
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.
Hours of Operation
All mineral excavation and processing activities shall be
conducted between the normal hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday.
Noise
so
The noise from screening and crushing associated with
this operation shall be controlled by equipment location
on site, the placement of stock piles, and the type of
equipment used.
bo
Noise levels associated with this operation, shall at no
time exceed State standards.
The City reserves the right to require additional
measures be taken, ff warranted by noise.
Lichtin¢
Lighting from the operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. Ail sources of
artificial light shall be so fixed, directed, designed, or sized that
the minimum subtotal of their illumination shall not increase
the level of the illumination on nearby residential property by
more than .1 foot candles in or within 25 feet of a dwelling, or
more than .5 foot candles on any part of the adjacent property.
The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on this site, with
the exception that reusable parts may be stored on the mineral
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Page 5
excavation site provided that it is in a location that cannot be
viewed from adjacent properties or is totally screened.
(16)
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.
(17) Groundwater protection measures shall include:
The Operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan in
the event there is a spill.
bo
The Operator shall provide the Fire Department with a
copy of theft flammable or hazardous materials.
Co
Fuel tanks shall be above ground, properly diked (if
required by law), and registered with MPCA.
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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.
eo
The appropriate storm water permits shall be obtained by
the Operator from MPCA.
That the mining operations take place a minimum of five
(5) feet above the water table. Any deviation to this
requirement will require an amendment to this permit.
go
Gravel washing operations are prohibited at this site and
will require an amendment to this permit to be allowed in
the future.
The Operator shall have an approved hazardous waste
license for this facility and properly dispose of or recycle
all waste.
(18) Oakwilt
Cutting of trees between April 15 and July 15 is prohibited. The
Operator shall take other measures deemed appropriate by the
Sherburne County Forester to control or eradicate oakwilt.
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Page 6
(19) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions
hereof and agrees to save and hold the City harmless from any and all
claims or actions arising from the operations of the Operator on the
Property.
(02) Binding Effect- The terms and provisions hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors,
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Operation and shall be deemed
covenants running with the land. This Agreement shall be placed of
record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees,
if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of
a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be
deemed appropriately and timely given when delivered personally or
deposited in the United States mail to the addresses hereinafter set
forth by certified mail (return receipt requested). The addresses of the
parties hereto are as follows until changed by written notice given as
above:
If to the City at:
City of Elk River
ATTN: Building and Zoning Administrator
13065 Orono Parkway ,P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at:
CAMAS Minnesota, Inc.
Attn: Bob Bieraugel
2915 Waters Road, Suite 105
Egan, Minnesota 55121
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Page 7
(06) Incorporation by Reference- All plans, special provisions,
proposals and specifications, submitted pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as
fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ELK RIVER
By:
By:
Its: Mayor
Its: City Administrator
OPERATOR:
CAMAS MINNESOTA, INC.
By:
By:
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1997, by Henry A. Duitsman, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
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Page 8
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
, 1997, by Patrick D. Klaers, the City Administrator of
THE CITY OF ELK RIVER, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
., 1997, by , the of
CAMAS Minnesota, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1997, by , the of
CAMAS Minnesota, Inc., a Minnesota corporation, on behalf of the
corporation.
This instrument was drafted by:
Notary Public
City of Elk River
Building and Zoning Department
13065 Orono Parkway/PO Box 490
Elk River, MN 55330
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