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6.2. SR 10-20-2003Item 6.2. TO: FROM: Date: SUBJECT: MEMORANDUM Mayor and City Council Stephen RohlL Building and Environmental Administrator October 20, 2003 ~//- Conditional Use Permit for Mineral Excavation by Aggregate Industries/P.H. CU 03-29 Request: Aggregate Industries is requesting to expand an existing fifty (50) acre gravel mine to include an additional eighty (80) acres. Mining the property in question has been anticipated for a long time and was included in the City of Elk River's 1994 Environmental Impact Statement (EIS) on Mineral Excavation and is already zoned Mineral Excavadon Overlay Zoning District. Attachments: Included with this memo is: a vicinity map showing the property included in the proposed expansion of the mine, Aggregate Industries' application to amend their conditional use permit (dated August 2003), and a revised conditional use permit reflec.tmg the Planning Commissions recommendation on this request. Aggregate Industries' application contains a reclamation plan showing the proposed final contours. Background: Aggregate Industries started mining the existing fifty (50) acre pit in this area in 2001. They plan to mine the new eighty (80) acres from north to south. The txvo existing dwellings on the site, which the operator owns, will be removed. The eight3, (80) acres in question do not contain any wetlands and, except for adjacent to houses on the site, there aren't any trees on the property. The fzrst two seasons of mining the fifty (50) acres site were without incident. However, noise from that pit has become an issue this year. Issues: Condition number 9 in the attached CUP, titled Reclamation: As part of the City of Elk River's EIS on Mineral Excavation, a contour map of the Mining District xvas developed. The city did this to make sense of elevation between the various pit, drainage patterns and future road elevations. The proposed final contour map, contained in the attached application, shows the pit floor at 1,000 feet above mean sea level. The city's EIS indicates a final contour of 980 feet. The City Engineer does not feel this proposes a significant problem. Condition number 10 in the attached CUP, titled Traffic: For the most part, the language contained in the current permit still pertains. However, staff recommends that the reference to January 1, 2005 be replaced with language requiring /tggregate Indus/ties use the Hi~,Swa_y 169/CS~dH 33 in/erchan~ge as soon as its on.r/ruction is finished. Condition number 12 and 13 in the attached CUP, titled Hours of Operation and Noise: Normal hours of operation for mineral excavation are from 7:00 a.m. until 7:00 p.m., Monday through Saturday. Aggregate Industries requested and was granted extended hours under their original permit, as long as it wasn't an annoyance to surrounding properties. For two seasons the extended hours apparenfly were not a problem; however, this year staff has received numerous complaints from neighbors regarding noise from this pit. Staff has visited the neighborhoods experiencing problems during evening hours to confirm the noise issues. On September 16, 2003, staff hosted a meeting between representatives of Aggregate Industries and the neighbors bothered by the noise from the operation. Of issue is not whether or not the noise complaints are legitimate. Rather, the issue is whether or not Aggregate Industries can satisfactorily resolve the problem. Aggregate Industries is proposing a number of remediation measures such as soundproofing their primary crushed, rubber padding on the parts of their operation where gravel hits metal and sound walls. Staff hosted another meeting on October 14th in the Greenhead Third neighborhood, which generated most of the noise complaints, to see if the measures taken by Aggregate Industries adequately addressed the problem. The consensus at that meeting was that Aggregate Industries did a good job and noise appears to be tolerable during their extended evening hours of operation; however, the neighbors are still concerned that the city's permit retain adequate language to revoke the extended hours in the future if noise again becomes a problem. Condition number 17 in the attached CUP, titled Groundwater Protection Measures: During the neighborhood meeting staff hosted, a number of residents expressed concerns regarding their wells. The city's EIS included a pump test to see what effects, if any, appropriating large amounts of ground water for washing gravel would have on adjacent wells. The pump test did indicate that there is a potential to affects the well at the residents on the corner of CSAH 77 and 213~h Street. Due to this concern, a number of conditions were placed on Aggregate Industries' washing operation, including reporting drops in the ground water level and the city having the right to curtail water appropriation. In addition, Aggregate Industries' wells is only twenty (25) feet deep and they have a three (3) celled system that allo~vs wash water that doesn't evaporate to filtrate back to the ground water. Staff feels that adequate conditions are in placed to deal with this issue, especially since the houses in question are even a greater distance from the wash operation than the houses that originally raised the concern. Also, mining activities in this pit are restricted to a minhnum of five (5) feet above the water table. Condition number 20 in the attached conditional use permit, titled Berming: Staff recommends this language is replaced with "Fhe Opera/or w/rfp/ace berms along CSAH #77 as required b~y the Sherburne Coun~ Engineeffng Department." Recommendation: Staff and the Planning Commission are recommending approval of this request under the conditions contained in the attached conditional use permit. Representatives of Aggregate Industries are in agreement with those conditions. THE WORLD I PARK ~ SITE-- River Location Map Case Number: CU 03-29 AGGREGATE INDUSTRIES N CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this __ day of , 2003, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and Aq.qre.qate Industries - North Central Reqion, 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 Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4), of Section 9, and the East Half of the Northeast Quarter (E 1/2 of NE 1/4) of Section 16, all in Township 33, Range 26, Sherburne County, Minnesota. (the Property); and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request for a conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard on the application; and WHEREAS, the City Council by motion adopted October 20, 2003, 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 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, 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 or 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 four (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 s: \b&z \ stever \gravcup.doc Page 3 (04) (05) (06) (07) (08) (09) of area and amount of material to be mined in the following year. This is to be done at time of license renewal. The license shall be renewed annually and shall run from dune 1st through May 31st. The annual license fee is that which is specified by the Elk River City Council at time of renewal. This license fee is not in lieu of gravel tax collected by the County, a portion of which the City receives. Violations of this Conditional Use Permit may result in suspension or revocation. The City Building and Environmental Administrator and/or his/her agents shall be permitted to inspect the Operation for compliance with the conditions of this permit during normal hours of operation. The City's approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencies. No explosives shall be allowed for this operation. Reclamation Reclamation shall be implemented on an annual basis pursuant to the reclamation plans submitted by the Operator. bo Each year a plan for that year's reclamation shall be approved by the Building and Environmental Administrator prior to issuance of the mineral excavation license. Co The reclamation shall include topsoil from the site being preserved and put back into place after mining. Revegetation of the property shall include seeding with a mixture approved by city staff accompanied by a nurse crop or approved mulch. The vegetation established for the reclamation must be maintained until it is self-sufficient. s: \b&z\ stever \gravcup.doc Page 4 eo Contours, finished grades, details of erosion control methods, and settling ponds, shall comply with the plans submitted and the City ordinance at the time of reclamation. Additional measure as determined by city staff may be required. (1 O) Traffic ao Except for localized jobs, traffic through Elk River associated with the Operation shall be limited to U.S. Highway 10 and 169. The Operator will route traffic from the Operation to the County Road #33 and Highway 169 interchange as soon as it is open. (11) Dust Control A permit from MPCA regarding air emissions shall be obtained when required and particulate emission standards shall be met by the Operation. This permit and all other correspondence between the Operator and MPCA shall be copied to the City. bo All equipment shall be located as to reduce dust to adjacent properties. C° A water truck shall be on site at all times when mining activities are taking place to control dust as necessary. Chemicals shall not be use for dust control. 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. (19.} Hours of Operation The operator will be allowed to mine, process and sell product on the site from 6:00 a.m. until 2:00 a.m. and maintain equipment 24 hours a day, as long as the Operation does not constitute a nuisance to surrounding properties as determined by city staff. If complaints can not be resolved, the Building and Environmental Administrator may, as a remedy, adjust the hours during which mineral excavation activities are conducted, ultimately reverting back s: \b&z \ stever \gravcup.doc Page 5 to the normal hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. Upon approval of the Building and Environmental Administrator, or his/her designee, sale (hauling product off site) may occur outside of the permitted hours (on a temporary basis not to exceed seven (7) days) to address an unique situation. Alternatives to back-up alarms will be used from dawn to dusk. (13) Noise ao bo co As deemed necessary by city staff, noise from screening and crushing associated with this Operation shall be controlled by equipment location on site, the erection of sound barriers, the placement of stockpiles, and the type of equipment used. Noise levels associated with this Operation shall at no time exceed State standards. The City reserves the right to require additional measures be taken, if warranted by noise. (14) (15) Lighting Lighting from the Operation shall be directed away from adjacent residential property. Glare, whether directed or reflected as different from general illumination, shall not be visible beyond the limits of the immediate site. All sources of artificial light shall be so fbxed, 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 twenty- five (25) feet of a dwelling, or more than .5 foot candles on any part of the adjacent property. The piling, storing, or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on this site, with the exception that reusable parts may be stored on the mineral excavation site provided that it is in a location that cannot be viewed from adjacent properties or is totally screened. s: \b&z\ stever \gravcup.doc Page 6 (16) {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. Groundwater protection measures shall include: The Operator shall file with the City an Emergency Spill Prevention and Counter Control Plan and a Storm Water Pollution Prevention Plan as may be required by other governmental entities. The Operator shall adhere to these plans in the event there is a spill. bo The Operator shall provide the Fire Department with a copy of their flammable or hazardous materials. Co Fuel tanks shall be above ground, properly diked (if required by law}, and registered with MPCA. 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 four (4) working days. go The appropriate storm water permits (NPDES} shall be obtained by the Operator from MPCA and copied to the City. fo The wells located at the site shall be monitored once a year for diesel range organics (DRO). Mining activities shall not take place closer to ground water levels than indicated in the plans submitted without amending this conditional use permit; however, if mining is proposed to occur below the water table in the future, the above referenced wells shall be monitored for DRO prior to excavation activities commencing and after their cessation each year. Further, in the event of a spill, appropriate water tests (as determined by the city) will be taken until the spill is deemed clean by the city. go Except for minor repairs, maintenance of vehicles and equipment shall take place in the Operator's shop. The Operator shall have an approved hazardous waste s: \b&z\ stever \gravcup.doc Page 7 ho jo license for this facility and properly dispose of all waste. A minimum of a two-celled system to recycle water from the wash operation shall be utilized. Each year, groundwater levels shall be monitored in the wells at the site prior to start of wash operations and an additional three (3) times during the first week of said operation to predict the long term effects of the pump operation. Thereafter, the aforementioned wells shall be tested a minimum of twice per month, said frequency to be increased during dry periods. This testing routine shall also be done for the water recycling pond. A drop in water level of twelve (12) inches or more shall be immediately reported to the city. Water usage by mining activities shall not adversely affect adjacent wells. Mitigative measures may include, but are not limited to, curtailing of pumping activities until water levels return. (18) (19) Signage Signage for the operation shall be that which is permitted for an industrial operation in a medium industrial zone, with the exception that billboards are not allowed. Fencing The Operator shall fence the entire perimeter of the site with a four (4) foot high fence with support post every ten (10) feet, except that the Operation may be open to the Julius Nemeth site while the Operation includes this property. (20) 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 oakwilt, such as, but ndt limited to: debarking or destroying fallen diseased trees prior to April 15th, not leaving roots exposed and avoiding mechanical damage on remaining trees. s: \b&z\stever \gravcup.doc Page 8 4.) (21) Berming The Operator shall erect berms adjacent to County Road #77 as required by the Sherburne County Engineering Department. (22) Other Permits The Operator shall obtain all state and federal permits appropriate to their operation and file copies of said permits with the City. 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 s: \b&z \ stever \gravcup.doc Page 9 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 & Environmental Adm. 13065 Orono Parkway Elk River, Minnesota 55330 If to the Operator at:Aq_qre.~ate Industries-North Central Region ATTN: Robert Bieraugel 2915 Waters Road, Suite 105 Egan, Minnesota 55121 (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 OPERATOR/FEE OWNER: Aggreagate Industries Central Region, Inc. North- By: Its: Mayor By: Its: By: Its: City Administrator s: \b&z\stever \gravcup.doc Page 10 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of , 2003, by Stephanie A. Klinzing, the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of , 2003, by Patrick D. Klaers, the City Administrator of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public s: \b&z\ stever \gravcup.doc Page 1 1 STATE OF MINNESOTA COUNTY OF SS. The foregoing instrument was acknowledged before me this __ day of ,2003, by , the of ~lggreagate Industries North-Central Region~ Inc., a Minnesota corporation, on behalf of the corporation, fee owner of a portion of the subject property and Operator on the subject property. Notary Public This instrument was drafted by: City of Elk River Building and Environmental Dept. 13065 Orono Parkway Elk River, MN 55330 s: \b&z \ stever \gravcup.doc Aggregate Industries- Elk River Conditional Use permit Amendment August 2003  Case Number: Planning Department , Land Use Application Form Effective ~une 1, 2(303 . ~e¼sed 7/28/0; Application Type t Fee Consultant Retainer AcLmim~rative Subdiv~sio~z] $300.0~ $300.00 Con~on~ Use P:~t ~ Co~er~du~ $500.00 ~500.00 Easement Va~don (S=:et D~age~ S250.00 ~300.00 Ntem Use Pe~t [ Kesiden~ ' $300.00 $200.00 Co~erci~/~du~ SS00.00 ' SZC0.00 Ore.ce or ~d Use ~ent J ~400.00 Pr~in~W $1,000.00 + $5.00 for ~ $I,000.00 lot over 50 S=e Pt~ K~i~ ~ $300.00 ~500.00 Sub~v~on ~x~pdo= I 2100.00 V~ce or App~ of Zo~g Dedsio= 2200.00 } Zo=e C~ge $300.00 [ ,Property Information Address: West Pit (West of CSAH 77) 75-116-1105 75-116-1106 Parcel Number: 75- 116 -1100 Leg~ Description: (a=acHi£necessary) East ~ of NE ~ (including the Rotz properties) of Sec 16, T.33N., R. 26 W Applicantlnformation Name: Aggregate Industries Address: 2915 Waters Road STE 105 Eaqan MN 55121 Phone (w): 651-683-8123 Owner Information Name: Same as Above Date: ZipCode Address: Pi~o~e (~-): Si~art~re: S::~ Pb_one (t-~: ZipCo~ Planning Land Use Application Page 2 Billing Information (if different from either applicant or owner information) Name: Same Address: Phone (w): Fax: Phone Signature: Date: Agreement to Pay Costs of Review: It is cb.e policy of the CiV of ELk River to req=ire applicants for la_r~d use approvals and Ucenses to reimburse tb_e City for costs Ncurred by r.5_e City i.u reviewNg and a~g upon applications, so thz these costs are not borne by tb_e tm<payers of tb_e City. Th_ese costs Nclude all of tb_e City's out-of- pocket costs for expenses, Ncl~ding the City's costs for review of the application by r_b.e City's environmental Consultant, City Engi_neer; City Attorney, or o~:b_er consultants, and may also i.~clude a cb_arge for exzra staff ti_me to process par'clcularty complex applications. The City will bill the applicant for these costs as they are Ncurred, arid payment will be d~e wkbS_r~ tbSrty (30) days of ma.~g of the bill. If payment is not received as required by tbJs by tNs agreement, Re City will suspend the application review process and may deny the application for failure to complywith the requSrements for processNg the application. Payment for costs wilt be required whe~er the application is granted or denied. Tl-~e undersig-ned has received the City's policy regardNg the payment of costs of review, understands t_Eat reimbursement to the City of costs Mc'm'red N reviewNg the application will be required as set £o~h i.u r. he policy, agrees to reimburse the City as required N the policy and make payment when billed by r. he City, and agrees that r. he/a~pllcadon may be denied for failure to reimburse the City for costs as provided N~ ~ Description of Project./Request/Name of Plat Please describe your project/reason :For your request. If necessary, attach a written narrative. Tlqis CUP amendment will expand the boundaries of our mining permit. The expanslon is within the area of the Environmental Impact Statement of ~994. There are no changes in process or practice from the ~g94 EIS. Submission Requirements · Tb_e City reqtdzes sk (6) copies of all requSred drawkugs. DrawNgs shall be folded, at a scale no " ' 24 .-*.06 N size. One (1) set of 11 . re&~ions is 'also smaller cb_an 1 = 50, and no larger than ........ xt7" req~.red. Ail req~zi.red bzformation m~q: be submit-ced on the applicar].on date N order for an S:tPLAN'NINGM:ormsM~.pptication Forms~,Appllcation Form Revised ~- 21 (}3.doc ELK RIVER (N) ]ermain & blillicent gush'~ 140 120 William $55.1.4 155 P~chard & Judith Murray Bloomdahl etal 1112.26 St Louis Park Sportsman Club 16 155.02 .IL Shiely Co 430 386.25 21 59.71 Elmer Dobet Wilham & Minme Hoyt Kenneth Partners Houtton 138.49 74.19 4400 13600 12800 14 WE HAVE THE HOMETOWN ADVANTAGE See PoTge 32 Scott & Julie Schulze 62.35 SchuLze Family' ' -- Farm ?225.47 Richard Toth I20 8O Dwight & Carol Holcombe T.33N .- R.2 Dennm John C_hdstma Ptamted 174 Mary Welnand 80 Oonald & & Peggy Lawrence Toth etal 235.06 74.68 Leonard & Helen Wirtz Patrick Hotzem 5': LE Frank Jr & Mary Miske i 211.66 14775 Weldon & Marcel|a Schulze i See Page 10400 9600 ll200© 1995 Cloud Cartographics, Inc. St. Cloud, kin 56301 · Residential · Commercial · Industrial · Realtor-MLS · Free Market Analysis · Appraisals WHITE DOVE REALTY, INC. Elk River Office 441-2248 403 Main Street Elk River, MN 55330 Property Line 2003 CUP AGGREGATE INDUSTRIES - ELK RIVER PLANT AREA OF 2003 CUP CITY OF ELK RIVER, SHERBURNE COUNTY, MN AGGREGATE INDUSTRIES PREPARED BY: AGGREGATE INDUSTRIES 2915 WATERS ROAD SUITE 105 EAGAN, MINNESOTA (651) 683-O600 AUGUST 22, 2003 Aerial Flown November 7, 2002 0 1000 Feet F~ure Mining Sthpping Reclaimed Legend Site Prep for Redamation Proposed Reclamation To.oil Ovefourden ~ Connie an~or Asphaff Rubble Se~ding Pond PmpeAy Une AGGREGATE INDUSTRIES - ELK RIVER PLANT 2003 OPERATIONS PLaN CITY OF ELK RIVER, SHERBURNE COUNTY, MN AGGREGATE INDUSTRIES PREPARED BY: AGGREGATEINDUSTRIES 2915WATERSROAD SUffE105 EAGAN. MINNESOTA (651)683-0600 MARCH28.2003 AeNal Rown November 7, 2002 0 1000 Fee~ N I contour inte~al 10 feet Probable end grades for proposed 80 acres and amended grades for no~h 50 acres  PREPARED ~: AGGREGATE INDUSTRIES - ELK RIVER P~NT AGGREGATE INDU~RIES 2915 WATERS ROAD ~UITE 105 0 5~ F~t (651) 683~600 one inch equals 500 f~t CI~ OF ELK RIVER SHERBURNE COUNt, MN INDUSTRIES SE~EMBER 4, 2003