7.1. SR 07-15-2013 City of
Elk - Request for Action
River
TO ITEM NUMBER
Mayor and City Council 7.1
AGENDA SECTION MEETING DATE PREPARED BY
Public Hearings July 15, 2013 Rebecca Haug, Environmental
Administrator
ITEM DESCRIPTION REVIEWED By
Conditional Use Permit: Aggregate Industries to Amend Jeremy Barnhart,Deputy Director
Existing Permit Hours of Operation, Case No. CU 13-09 CODD
REVIEWED BY
Cal Portner, City Administrator
ACTION REQUESTED
Hold a public hearing regarding Aggregate Industries' request for extended business hours.
Approve by motion the Conditional Use Permit (CUP) to extend the hours of operation to 24 hours per
day,Monday through Saturday with the following conditions:
1. Operation does not cause a nuisance to surrounding properties as defined by Sec. 46.36 of the
City Code.
2. Process and practice remain the same as outlined in 1994 Environmental Impact Study (EIS).
3. Traffic generation remains consistent with previous years.
4. Dust continues to be controlled via water suppression.
BACKGROUND/DISCUSSION
Aggregate Industries has requested an amendment to their CUP to extend operational hours to 24 hours
per day,Monday through Saturday. The amendment will allow Aggregate to operate during off peak
(electrical) times. Aggregate will continue to be responsive to issues identified by the city and its
residents.
The Planning Commission held a public hearing at which no one spoke and voiced no concerns with the
request of their own recommending unanimously.
ATTACHMENTS
■ Planning Commission Memo dated July 9, 2013
POWERED BY
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Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Planning Commission 4.1
AGENDA SECTION MEETING DATE PREPARED BY
July 9, 2013 Rebecca Haug, Environmental
Administrator
ITEM DESCRIPTION REVIEWED By
Request by Aggregate Industries for an amendment to a Jeremy Barnhart, Community
Conditional Use Permit for mineral extraction to amend hours Operations and Development-Deputy
of operation to 24 hours per day,Monday through Saturday Director
Case No. CU 13- 09,Public Hearing REVIEWED BY
ACTION REQUESTED
Staff recommends approval of the Conditional Use Permit (CUP) to extend the hours of operation to 24
hours per day, Monday through Saturday with the following conditions:
1. Operation does not cause a nuisance to surrounding properties as defined by Sec.
46.36 of the City Code.
2. Process and practice remain the same as outlined in 1994 Environmental Impact
Study (EIS)
3. Traffic generation remains consistent with previous years
4. Dust continues to be controlled via water suppression
BACKGROUND/DISCUSSION
Aggregate Industries operates its Elk River Sand and Gravel facility to process raw materials into
commercial aggregates. These aggregates are then incorporated into various products which are utilized
for ready mix concrete, asphalt and the construction of highways and buildings in the Twin Cities
metropolitan area.
It is anticipated that mining at this site will continue for another 8 to 11 years. This is an estimated time
frame and is subject to market trends and geologic conditions.
The Elk River Plant is currently permitted to mine,process, and sell product from 6:00 a.m. until 2:00
a.m. and to maintain equipment 24 hours a day. Aggregate Industries is proposing to amend their
Conditional Use Permit to extend their current hours of operation to 24 hours per day, Monday through
Saturday. No activities will take place on Sundays without prior permission from the City's
Environmental Administrator, and for limited periods.
Several noise reduction measures have been put in place. If complaints are received, staff will work with
Aggregate Industries to rectify the noise or require the applicant to amend their permit to revert back to
the previous hours of operation.
Allowing this change in the hours of operation will allow the applicant to participate in Elk River
Municipal Utilities' (ERMU) "electric conservation"program. Participating in this program will help
P I E 1 E I I r
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reduce the amount of overall electricity required by ERMU's customers during"peak" consumption
hours and they will receive a cost savings benefit.
Traffic will continue to be close to the same volume as the past several years and trucks will continue
hauling to Highway 169. Dust will continue to be controlled by spraying water. Aggregate Industries will
continue to stay in compliance with all of their environmental permits.
Property
The subject property is 457.68 acres in size. The average distance to the nearest neighboring residential
properties is 1,500 feet.
Zoning
The property is zoned single family residential (R1 a)with Mineral Excavation Overlay.
Hours of Operation
The City Code states:All extraction operations shall be conducted between 7.00 a.m. and 7.00 p.m.,Monday tbmugh
Saturday only. Other facilities have amended their ordinance to operate at various times. With the new
technologies in noise reduction equipment, staff has not received noise complaints for several years.
ATTACHMENTS
• Location Map
• Applicants Narrative
• Amended CUP
Action Motion by Second by Vote
Follow Up
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AGGREGATE
INDUSTRIES
AGGREGATE INDUSTRIES
ELK RIVER
Conditional Use Permit/Land Use Permit
Amendment
May, 2013
a i
Aggregate Industries — Elk River Plant
21700 Highway 169
Elk River, MN 55330
(763) 441-3227
Property Legal Description:
The Southeast Quarter and part of the Southwest Quarter of Section 9, the East Half and part of
the Northwest Quarter and Southwest Quarter of Section 16, all in Township 33 North, Range 26
West, Elk River, Sherburne County, Minnesota.
Parcel ID:
75-109-4100 75-116-1106
75-109-4200 75-116-1200
75-109-4400 75-116-4100
75-116-1100 75-116-4200
75-116-1105
Aggregate Industries operates its Elk River Sand & Gravel facility to process raw material into
commercial aggregates. These aggregates are then incorporated into various products which are
utilized for ready mix concrete, asphalt and the construction of highways and buildings in the
Twin Cities metropolitan area. Once extracted, the aggregate is transported to the plant via
conveyor, where it is crushed, washed, sorted by size, stockpiled and transported off site via
Highway 169. No explosives are used at this location. The Elk River Plant is currently permitted
to mine, process and sell product from 6:00 a.m. until 2:00 a.m. and to maintain equipment 24
hours a day. Please refer to the attached 2013 Operations Plan which depicts the current
operations.
This Conditional Use Permit Amendment Request is respectfully submitted to amend the operating
hours at Aggregate Industries' Elk River facility to 24 hours per day, Monday through Saturday;
provided that the operation does not constitute a nuisance to surrounding properties, as may be
determined by City Staff. The last complaint received from the City which was attributed to noise
generated from the Company's facility was in 2003. In the last several years, several noise
reduction measures have been put in place at the Elk River facility, which include the installation
of"white noise" back-up alarms on the equipment and the installation of a "noise suppression"
hood on the jaw crusher at the Plant itself. In the event any complaints are received regarding
operations, they will continue to be immediately addressed by Aggregate Industries in conjunction
with City Staff.
This permit flexibility will allow the Company to conduct operations during additional "off peak"
hours and will also allow participation in Elk River Municipal Utilities' "electric conservation"
program. By participating in the electric conservation program, Aggregate Industries will help to
reduce the amount of overall electricity required by Elk River Municipal Utilities' customers
during"peak" consumption hours and they will receive a cost savings benefit as well.
The processes and practices for the facility, as outlined in the 1994 EIS will remain the same.
The traffic generated by the mining operation will continue at roughly the same volume as the
past several years and includes aggregate trucks hauling on Highway 169. Erosion and runoff
will be controlled during the mining process by the excavation itself. The excavation will be
sloped towards the interior of the property, causing runoff and any potential erosion to flow
towards the center and floor of the mine. Dust will be controlled by the ambient moisture
content of the aggregate deposit itself, which is a very effective suppressant of airborne dust. In
addition,the mine floor and internal haul roads will be sprayed with water to further reduce dust.
Chloride may also be applied to the haul roads, if necessary.
The Company presently operates the Elk River facility under the following environmental permits:
Aboveground Storage Tank License
Air Permit
Hazardous Waste License
Sara Title III and Tier II
Spill Prevention, Control and Countermeasures Plan
Storm Water Permit
Water Appropriations Permit
The Company employs a rigid Environmental Management System at all of its sites. The risk of
chemical or petroleum pollution is very small. Diesel fuel, motor oil and gasoline will be present
in the equipment and vehicles on site. A designated employee will conduct daily, weekly and
monthly environmental inspections during active operations to ensure that all environmental
procedures are being followed. Each site maintains a "site" specific Storm Water Pollution
Prevention Plan, as well as "operational" specific environmental site procedures which include a
spill response procedure. Site personnel are trained on these procedures, and spill response
materials are readily accessible on-site in the event of a spill.
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1
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of ,
2006, by and between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (City), and Aggregate Industries-North
Central Region, 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 Section 9, and the East Half 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 on this _ day of
, 49902013, an amended 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
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.
Page 2
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 iesparties' 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 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 shall be renewed annually and shall run from June
18t 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.
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(05) Violations of this Conditional Use Permit may result in
suspension or revocation.
(06) The City 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.
(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
a. Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
Operator.
b. Each year a plan for that year's reclamation shall be
approved by the Environmental Administrator prior to
issuance of the mineral excavation license.
C. The reclamation shall include topsoil from the site being
preserved and put back into place after mining.
d. 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.
e. 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.
(10) Traffic
a. 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 their operation moves from the
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Nemeth site or onto 213th Avenue and then onto Hwy 169,
unless it is directed by the Minnesota Department of
Transportation or the City of Elk River.
(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. This permit and
all other correspondence between the Operator and MPCA
shall be copied to the City.
b. 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.
(12) 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. an4 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
Environmental Administrator may, as a remedy, adjust the
hours during which mineral excavation activities are conducted,
ultimately reverting back to the normal hours of 7:00 a.m. to
7:00 p.m., Monday through Saturday. Upon approval of the
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
a. 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
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sound barriers, the placement of stockpiles, 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) Li hg ting
Lighting from the Operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. All sources of
artificial light shall be so fixed, directed, designed, or sized that
the minimum subtotal of their illumination shall not increase
the level of the illumination on nearby residential property by
more than .1 foot candles in or within twenty-five (25) feet of a
dwelling, or more than .5 foot candles on any part of the
adjacent property.
(15) 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.
(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:
a. 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.
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 (if
required by law), and registered with MPCA.
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Page 6
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 four (4)
working days.
e. The appropriate storm water permits (NPDES) shall be
obtained by the Operator from MPCA and copied to the
City.
f. 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.
g. 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 license
for this facility and properly dispose of all waste.
h. A minimum of a two-celled system to recycle water from
the wash operation shall be utilized.
i. Each year, groundwater levels shall be monitored at the
well located west of the plant site. A drop in water level of
twelve (12) inches or more shall be immediately reported
to the city.
j. 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) 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.
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(19) 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 not
limited to: debarking or destroying fallen diseased trees prior to
April 15th, not leaving roots exposed and avoiding mechanical
damage on remaining trees.
(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.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions
hereof and agrees to save and hold the City harmless from any and all
claims or actions arising from the operations of the Operator on the
Property.
(02) Binding Effect- The terms and provisions hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors,
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Operation and shall be deemed
covenants running with the land. This Agreement shall be placed of
record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees,
if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
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(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 Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: Agoremate Industries -
North Central Region
ATTN: Robert Bieraugel
2915 Waters Road, Suite 105
Eagan, 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.
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Page 9
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:
ggr-eagat^A ggLegate Industries
North-Central Region, Inc.
By: By:
Its: Mayor Its:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
20062013, by Stephanie A. K4inz ngJohn J. ;Dietz,
the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
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Page 10
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 20062013, by Lori johnsonCal Portner, 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 , 20062013, by , the
of Awregate 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
Environmental Division
13065 Orono Parkway
Elk River, MN 55330
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