4.2.b PCSR 12-10-2013 Elk Request for Action
River
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
Public Hearings December 10, 2013 Jeremy Barnhart, Deputy Director, CODD
Item Description Reviewed by
Request by Plaisted Companies for a Conditional
Use Permit for Mineral Excavation to mine Reviewed by
approximately 120 acres, Case No. CU 13-12—
Public Hearing
Action Requested
Staff recommends approval of the mining operation as described in the applicants narrative and the
wetland mitigation plan as illustrated on the series of drawings dated November 18,2013,with the
following conditions:
1. The applicant shall execute a Conditional Use Permit Agreement outlining the terms and
conditions of approval of the mining operations.
2. A mineral extraction license shall be obtained annually.
3. The haul route shall be improved to a compacted gravel surface acceptable to the city engineer.
4. Safety improvements as required by MnDOT shall be completed at 215th prior to hauling. No
hauling via 217th or 219th is permitted.
5. A letter of credit in the amount of$155,318 shall be provided to ensure wetland mitigation is
completed for the 155,318 sq ft of impacted wetlands.
6. Approval of this Conditional Use Permit shall expire if activity has not commenced within 2
years of the date of approval,or if the uses ceases for a period of 6 months or longer. Failure to
obtain an annual license will be evidence of cessation of use.
7. Setbacks of 25 feet from north and south property lines,and 50 feet from east and west property
line shall be maintained. No mining activity shall be permitted within without staff approval.
8. Buffering and or screening shall be installed when directed by the City.
Overview
Plaisted Companies seeks conditional use permit approval to mine peat and gravel out of approximately
120 acres north of 219th near its intersection with Highway 169. The 120 acres encompass two 60 acre
projects approved in 2004, the Schuer Mine and the J and B mine,both since abandoned. The
environmental assessment for both projects have been approved in 2004,and the properties are
appropriately zoned for mineral extraction.
Background/Discussion
In 2004,the City approved CU 04-21 for the eastern portion of the project (J&B) and CU 04-23 for the
western portion (Schuer). These approvals have since expired because mining operations have ceased for
a period longer than six months.
Much of the eastern portion of the project area is wetlands. The peat in these areas will be mined and
used in the production of soil amendment materials off site. The excavated wetlands will be mitigated to
a variety of wetland features,including open water. The Wetland Mitigation Plan is consistent with the
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one originally approved, and the Wetland Technical Evaluation Panel (TEP) supports the plan. The
formal approval of the TEP's recommended Notice of Decision is another item on this agenda.
ANALYSIS
Comprehensive Plan
The 2004 Comprehensive Plan designates this area as Commercial Reserve. Commercial Reserve
suggests holding property in reserve for future commercial development. While mining is not expressly
listed as an expected use, the reason much of the land is not served by municipal utilities is due to the
mining character of the area, and the desire to plan for the next use,post mining. The property is zoned
with a Mineral Extraction overlay, further supporting the intended use.
Natural Resources
The TEP has reviewed the wetland boundaries and determined that the mining operation as proposed
will impact approximately 155,318 sq feet of wetlands,requiring mitigation. The TEP has determined
that the wetland mitigation plan approved for the 2004 mining operations remain valid. For clarification
of the record, a cosmetically revised mitigation plan is attached to reflect the appropriate ownership
information.
Wetland mitigation will occur at the conclusion of the mining operations. A condition to require a surety
in the amount of 1$ per square foot is recommended for both the CUP and the license. The surety for
this project would amount to $155,318.
Transportation/ Circulation
Product mined will access Highway 169 via a series of private easements south to an existing intersection
at approximately 215th. Existing 217th and 219th avenues may not be utilized for product hauling due to
the lack of stacking and acceleration distance on Highway 169. The intersection at approximately 215th is
preferred by MnDOT, however,MnDOT requires a number of safety improvements at the intersection,
including an acceleration lane,wire barriers, etc. that need to be completed and accepted by MnDOT
prior to hauling.
A short segment of driveway will need to be improved to accommodate the truck traffic. This driveway
will need to be 30 feet wide to accommodate the trucks and turning movements.
Landscaping
The zoning district requires 25 foot side yard and 50 foot front yard setbacks. With this separation,
further screening and buffering will be reviewed as mining progresses. The narrative describes methods
to screen should they be necessary. These methods are acceptable.
Operations
The mine is proposed to be operated Monday through Saturday, 7 am to 7 pm. The hours may be
extended by the City for special, contract related cases, for a limited period.
To control dust, a water truck must be on site at all times. Chemicals may not be used. Best
Management practices,including stockpiling, temporary cover, and equipment storage shall be employed
to control dust.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-12 Plaisted\SR to PC Plaisted mine 12-10-13.docx
Explosives may not be used in the operation, though rock crushing may occur.
Reclamation plan.
A reclamation plan has not been provided,nor approved for this project. It is expected that a
reclamation plan be developed as mining occurs, to be approved by staff as part of the annual licensing
process. Flexibility of this planning process is appropriate due to the uncertainty with the mining
schedule and the eventual end use of the area.
Financial Impact
N/A
Attachments
• Applicant's narrative
• Haul route maps
Applicant Todd Plaisted
11349 219th Avenue NW
Location/Address PID #'s 75-110-1100
75-110-1105
75-111-2201
60 Day Rule The City must take action by January 22,2014
Applicable Regulations
Conditional Use Permit
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 properly 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 propero.
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.
5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons or proper. )because of excessive traffic, 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 major 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 accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-12 Plaisted\SR to PC Plaisted mine 12-10-13.docx
In the review of the standards for CUP as outlined,it appears that the request is consistent with all of
these standards.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-12 Plaisted\SR to PC Plaisted mine 12-10-13.docx
Plaisted Companies, Inc. (East Pit)
Plaisted Companies wishes to re-open the gravel mine formerly known as Elk River Gravel. We
are requesting a conditional use permit very similar to the previous expired permit.
• Hours of operation will be 7-7 Monday—Saturday.
• We plan on hiring 2-5 additional employees to operate the mine.
• Parking will be at the maintenance building on the hill where we will maintain and
store our equipment/loaders.
• As needed we will screen any mining from public using soil berms and/or evergreen
trees.
• The proposed signage will be to utilize the existing signage at 217th Ave. Currently
there are 2 8x8 signs visible by north and southbound traffic.
• Storage of equipment will be in and around the maintenance facility and at the floor
of the mine. All maintenance and repairs will be done in the maintenance shop and
all oils, supplies and parts will be stored indoors with secondary containment.
• We would use the existing utilities.
• We have an easement with property owners to access Hwy 169 by the ERX south
entrance.
It is our intent to clean-up the property and level all miscellaneous unused piles and holes. We
pride ourselves in operating a neat and orderly pit as we have demonstrated at our other location.
At the floor of the pit we propose to mine the black dirt from the site first. Then mine up to 50'
into the water to excavate the gravel. We propose to eventually add a wash plant and any
crushing would be hired out for a few weeks a year. Although there are no current plans we
would request to be able to compost yard waste on the western or high portion of the property.
Wetland Delineation is being prepared by Anderson Engineering.
Wetland Mitigation would be done as project is completed.
EAW has been completed for J& B Mining and has not expired,the last activity was in 2010
work will be continuing as permitted.
Purchase Agreement Exhibit C and Easement Agreement Exhibit B
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