4.6 PCSR 01-14-2014 Cft
,.� Request for Action
River
To Item Number
Planning Commission 4.6
Agenda Section Meeting Date Prepared by
Planning Items January 14, 2014 Chris Leeseberg,Park Planner-Planner
Item Description Reviewed by
Request by Tiller Corporation for to amend Jeremy Barnhart,Deputy Director, CODD
Conditional Use Permit for Mineral Excavation and Reviewed by
Hot-Mix Plant, Case No. CU 14-03 -Public
Hearing
Action Requested
Recommend, by motion, approval of the Conditional Use Permit (CUP) amendment 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 following conditions shall be addressed to the satisfaction of the City's
environmental consultant:
a) The anticipated groundwater elevation at the site is anticipated to range from 954 on
the east and 951 on the west. The applicant shall provide complete references for
available groundwater elevations. The applicant must also address the use of the
historic high groundwater levels in establishing the excavation basegrades. The
"Excavation Plan", C2 must be modified to reflect these anticipated groundwater
elevations.
b) The plan of operation does not identify where the phasing of mining (and
reclamation)will occur and the timing for each phase. The Site must be excavated
in an orderly fashion to reduce the area of open mining at any one time. In
particular, it is recommended that the northern portion of the Site be reclaimed prior
to initiation of mining in the new parcel proposed for the expansion. The future
location of the main operations area and office, now located in the southeast corner
of the northern parcel, must be identified on the (phasing) Excavation Plan, C2. The
Excavation Plan must also show the locations of topsoil and backfill soils which will
be used in reclamation. The soil volumes of the anticipated phases must be
indicated in the application and on the Excavation Plan. This information shall be
submitted by March 1, 2014.
c) The details for screening berms on the north side of 221st Street must be provided.
The suitability of the berms for site screening must be further demonstrated by the
applicant. Details have not been provided on security fencing for the new parcel in
the southern portion of the Site.
retEREil Br
NATURE
0/./417// V cc
•
Tiller Corporation
and its affiliated companies
TILLER Barton Sand&Gravel Co.
CORPORATION" Commercial Asphalt Co.
Barton Enterprises,Inc.
Corporate Office: Barton Industrial Sands,LLC
P.O.Box 1480
7200 Hemlock Lane,Suite 200 General: (763)425-4191
Maple Grove,Minnesota 55311-6840 Facsimile: (763)425-7153
Web: www.tillercorp.com
January 10,2014
Chris Leeseberg
Park Planner/Planner
City of Elk River
13065 Orono Parkway
Elk River,MN 55330
Re: Response to review by Landmark Environmental,LLC for Conditional Use Permit
Amendment Request,November 2013
Dear Mr.Leeseberg,
This Letter is in response to the review conducted by Landmark Environmental,LLC's(Landmark)
of our Conditional Use Permit(CUP), CU 97-19 Amendment Request. Landmark submitted a letter
to the City of Elk River dated December 17,2013 that summarized their review and subsequently
resulted in comments requesting some additional information.In this letter, the comments from
Landmark are reiterated, followed by our response,in effort to bring additional clarity or to expand
upon previously submitted information included in the CUP application.
The technical standard of the Mineral Excavation ordinance is identified with the bold print, followed
by the comment from Landmark italic with Tiller's response to the comment following last.
Sec. 42-52 Application
Item:
(7)d.The depth of water tables throughout the proposed extraction site.
Comment:
The information is provided on page 4 and Figure 6 of the application. The groundwater flow
interpretation is not sufficiently documented and, in the northern parcel, is in conflict with
Figure 3 of the "Sampling and Analysis Plan"Elk River Landfill, January 2011. In the Plan,
the groundwater table elevation is shown at 954 near the intersection of 221st Street and Hairy
169 while Figure 6 shows this elevation at 945. A groundwater divide, as described on page 4
of the application, is not consistent with the area (Elk River Landfall) and regional
groundwater flow interpretations. Without additional information from onsite wells for the
January 10,2014
Page 2 of 8
property south of 221st, the anticipated groundwater elevation should range from 954 on the
east and 951 on the west. The "Excavation Plan", C2 should be modified to reflect these
anticipated groundwater elevations. The applicant should also address the use of the historic
high groundwater levels in establishing the excavation base grades.
Response:
Updated information from the Elk River Landfill, Inc.has been evaluated to update the
groundwater section of the permit application and the associated Plan Sheets. Groundwater table
elevations from seven monitoring wells constructed as part of the hydrogeologic study and
groundwater monitoring network associated with the Elk River Landfill. Water level data was
available for most of the wells for a period ranging from December 31,2002 to October 17, 2011.
The location of the monitoring wells used in this evaluation,the range of water levels,and the
average water table elevation for the period of record at each well is now indicated on Sheet CI,
Existing Conditions.
The range in groundwater table elevation was identified and the highest recorded elevations of
record were used to establish the proposed minimum mining elevation. Excavation grades were
revised accordingly on Sheet C2,Excavation Plan.
The high water table elevations vary from approximately 957 feet above mean sea level(msl)in
the east to 954.52 feet above msl in the west. Groundwater was found to fluctuate four to five feet
during the period of data collection. The high water table elevations were just over two feet above
the average water level over the same time period.
Proposed reclamation grades are indicated on Sheet C3,Reclamation Plan.Reclamation grades
have been established at a minimum of five feet above the high water table elevation and range
from 5-20 feet above the high water table.
(8)The plan of operation,including processing,if any,the nature of the processing and
equipment, location of the processing plant, source of water,disposal of water,reuse of
water,and use of explosives.
Comment:
The information is provided on page 5 of the application. The plan of operation does not
identifi)where the phasing of mining (and reclamation) will occur and the timing for each
phase. The Site should be excavated in an orderly fashion to reduce the area of open mining
at any one time. In particular, it is recommended that the northern portion of the Site be
reclaimed prior to initiation of mining in the new parcel proposed for the expansion. The
future location of the main operations area and once, now located in the southeast corner of
the northern parcel, should be identified on the (phasing)Excavation Plan, C2. The
Excavation Plan should also show the locations of topsoil and backfill soils which will be used
in reclamation. The soil volumes of the anticipated phases should be indicated in the
application and on the Excavation Plan.
Screening berms are indicated on the Excavation Plan. During the Site visit, Mr. Caron
indicated that the screening plan was not completely detailed on the Excavation Plan, C-2.
The details for screening berms on the north side of 221st Street should be provided. The
suitability of the berms for site screening should be further demonstrated by the applicant.
Details have not been provided on security fencing for the new parcel in the southern portion
January 10,2014
Page 3 of 8
of the Site.
Sand and gravel mining at the groundwater table increases the vulnerability of groundwater
resources at the Site to contamination from chemicals and petroleum products. The
Groundwater Protection Plan provided in the application discusses the use of oils and asphalt
cement. This should he expanded to address the potential presence of all types of hazardous
substances and petroleum products and present an inventory of these chemicals and petroleum
prodts relative to the groundwater resources at the Site. Protective measures must address
the location of fueling operations of Site equipment and all types of transfers related to
petroleum and chemicals. The location(s) of spill containment equipment should he indicated
on the Excavation Plan.
Response:
Phasing of Mining and Reclamation:
Mining in areas north of 221'Ave. will progress primarily from north to south. Property owned by
Elk River Landfill,Inc. will be reclaimed in accordance with approved plans. Property owned by
Tiller will be reclaimed as depicted on Sheet C-3 Reclamation Plan. Reclamation in this area will
proceed as mining progresses to the south. Approximately 20%of materials encountered during
mining are not suitable for aggregate production but are suitable as compactable fill for
reclamation. The reclamation materials will be placed and areas will be progressively reclaimed as
mining moves to the south. The exception to this may be the asphalt plant facility. The relocation
of this facility is somewhat dependent on the final layout for the TH 169/221st Ave. interchange.
Tiller will work with MN/DOT and the City to ensure a smooth transition for its facility and this
roadway project.
Mining south of 221st Ave. is occurring in a southwesterly direction. Tiller plans to work with
neighboring property owners to the west and possibly south to achieve reclamation grades. It is
expected that at some point in the future,221'Ave. will be relocated and at that time the material
existing under 22151 Ave. will be mined. It is likely that full reclamation of the areas south of 221"
Ave. will not occur until the final layout and a construction date of the US 169/2219t Ave.
interchange has been determined.
Tiller will continue to reclaim areas in a progressive manner. These reclaimed areas will be
reviewed with City staff on an annual basis during the site inspections that take place as part of the
annual license renewal
Main Operations and Office:
Sheet C2,Excavation Plan has been revised to identify the hot mix plant operations area and
office. Eventually the area under the plant will be mined and the plant relocated on site. The
relocation area is not known at this time as the future location will be somewhat dependent upon
final design of the US 169/221'Ave. interchange. Tiller will continue to work with the City as the
site and future roadway plans develop with respect to plant relocation.
Topsoil and Backfill Materials:
Topsoil and overburden stockpile locations are within the screening berms located along the
perimeter of the site. Stockpile locations and volumes are now indicated on Sheet C2,Excavation
Plan.
Screening Berms:
January 10,2014
Page 4 of 8
Screening berm information has been updated on Sheet Cl,Existing Conditions. The berms vary
in height from approximately ten to sixteen feet. They are typically constructed with 3:1 slopes,
with a five to ten foot wide top and are situated within the mining setback areas. The berms have
established vegetation and are mowed periodically. The berm along US 169 is planted with trees
and there are shrubs along the base of the berms at the entrance to the facility. The berms provide
excellent site screening from existing operations. As mining progresses to the west, screening
berms will be extended to the west both north and south of 221'Ave.
Security fencing on new parcel to the south:
Prior to commencing mining operations on the new parcel to the south, Tiller will install security
fencing in compliance with the City's ordinance.
Fixed/Portable Storage and Protective Measures:
The site has eight aboveground storage tanks(ASTs)for use in the site production process. Seven
of these tanks are located within a concrete secondary containment area. There is also a double-
walled 1,000-gallon diesel fuel tank located outside the secondary containment area near the back-
up generator. A 30-gallon parts washer is located in the maintenance building. One 275-gallon tote
container of CT6100(truck bed release agent)is located at the northern portion of the site.
Fixed Storage ASTs: (4)40,000-gallon aboveground vertical tanks(asphalt cement)
(1)20,000-gallon aboveground vertical tanks(used oil)
(1) 1,000-gallon aboveground horizontal tank(diesel fuel)
(1) 120-gallon aboveground horizontal tank(diesel fuel)
(1) 1,000-gallon aboveground horizontal double walled tank(diesel fuel)
Portable Storage: (1)a 275-gallon tote of truck bed release agent
Hazardous materials will be limited to Materials of Trade(MOT)carried in a-ervi_ce trliek which
will come to the site to perform routine maintenance on operating equipment.The service truck
will take all used fluids and filters from the site where they will be properly disposed of at the
Operator's main shop. The service truck will carry a spill containment kit. A MOT as defined in a
Fact Sheet published by the Minnesota Department of Transportation' is a hazardous material,
other than a hazardous waste,that is carried on a motor vehicle:
• For the purpose of supporting the operation or maintenance of a motor vehicle including its
auxiliary equipment(e.g.,engine starting fluid or spare wet batteries carried on a tow truck);
or
• By a private motor carrier,including a vehicle operated by a rail carrier, in direct support of
a principal business that is other than transportation by motor vehicle(e.g., landscaping,
plumbing,or welding services).
' Minnesota Department of Transportation(Mn/DOT). Minnesota Commercial Truck and Passenger
Regulations Fact Sheet: Materials of Trade, St.Paul,MN. Available at:
http://www.dot.state.mn.us/cvo/factsheets/hm200mot.pdf.
January 10,2014
Page 5 of 8
Other materials that are not considered hazardous but may be expected to be onsite during
operations include engine oil, grease,hydraulic fluid,anti-freeze, diesel fuel and generator(s). The vx p0X
materials will be stored in an elevated,portable trailer in compliance with state requirements and c‘,, d/
regulations. Due to the portable nature of the trailer,the location of the trailer is subject to change
throughout the duration of the project and therefore, a location is not indicated on Sheet C2,
Excavation Plan. The trailer contains a spill contain kit consisting of sorbent pads, containment
booms and other sorbent materials such as floor dry. Front end loaders and skid steer loaders are
available onsite to excavate any contaminated soils.
Fueling occurs from the AST located in the secondary containment for equipment associated with
the hot mix asphalt plant. Equipment associated with sand and gravel mining and processing is
fueled by fuel service trucks. The location of the fuel service truck is subject to change on
a daily basis and therefore,a location is not indicated on Sheet C2,Excavation Plan. The fuel
service trucks contain spill containment kits. In some instances equipment i sf ueled from portable ot�"
1
tanks brought to the site with the portable processing equipment. The portable tanks are all double 1
walled and will be located very near the portable trailer mentioned above which contain a spill
containment kit. i \.
(9)Plans for drainage, wind and water erosion control, sedimentation and dust control, °(,
maintenance of security on the proposed extraction site, control of access to open
extraction and control of weeds and unsightly vegetation.
Comment:
The information is provided on page 7 of the application. The applicant should identib,
contingency procedures for mechanical sweeping in the event that sediment removal on public
roadways is deemed appropriate by the City of Elk River.
The applicant must provide a more detailed plan which identifies the placement of control
measures for water runoff and sediment erosion for all areas which do not drain to the
interior settling ponds. This must include description of control measures and locations where
they are placed. Appropriate control measures are temporary vegetative seeding, mulch,
buffer zones, earthen dikes, drainage swales, sediment traps, riprap, sediment basins and silt
fencing.
Response:
During facility operations,the site is routinely watered to keep dust down.The facility's
impervious areas(access driveway)are swept weekly by a company-owned sweeper truck. The
roadway areas adjacent to the entrances/exits are also swept weekly to aid in reduction of tracking
material off site by truck traffic. When weather and/or hauling conditions are such that tracking
onto roadways is induced,entrances/exits and roadways are swept more frequently as needed.
Stonnwater generated from the facility is authorized under National Pollutant Elimination System
(NPDES)/State Disposal System(SDS)General Permit MNG490000 for Nonmetallic Mining and
Associated Activities issued by the MN Pollution Control Agency. The facility operates under a
Spill Prevention Control and Countermeasure Plan as well as a Stormwater Pollution Prevention
Plan.
All stonnwater runoff from disturbed or exposed soils are directed internally and is contained
onsite.As areas are stripped and incorporated into the active mining operations,diversion berms
and ditches or swales will be constructed as necessary to divert stormwater internally into the floor
January 10,2014.
Page 6 of 8
of the mine where it will be managed to promote infiltration. Erosion control practices include: (1)
Routing on-site storm water flows to naturally occurring retention areas.(2)Creating channels to
facilitate item number one. (3)Creating berms and other obstacles to facilitate item number one.
The site has appropriate equipment and machinery to implement appropriate erosion control
practices on an immediate and as-needed basis.
Silt fencing will be used as needed for erosion and sediment control along perimeter areas that
may temporarily drain off-site during stripping, overburden removal and berm construction.
Where possible, a vegetative buffer of five to ten feet will be left intact between the silt fence
and the mining area to provide initial filtering and sediment removal prior to runoff reaching
the silt fence.
(10)A comprehensive rehabilitation plan showing suitable provisions for rehabilitation of the
excavated area to a useable condition compatible with the adjacent land such that it will
not become a health or safety hazard or a nuisance. Such plan shall, at a minimum,
include anticipated final elevations, slopes and plans for the return of vegetation, subsoil
and topsoil.Where the council deems practical and necessary, such plan shall also include
adjoining related areas where extractions have previously been made which remain under
the control of the applicant or the owner of the land on which the extraction is proposed.
Comment:
The information is provided on pages 7 and 8, and the Reclamation Plan, C3 of the
application. The requirement for Topsoil Preservation (Sec. 42-96) is not addressed. The Plan
of Operation must identib,the volumes of soils required for reclamation and the future
locations of soil stockpiles.
Final slopes on the northern portion of the Site and the west property boundary of the
southern parcel for McCrossan are indicated as 3:1 slopes, which exceed the required
maximum of 4:1. This may be acceptable, however the thickness of topsoil will need to be
increased and provisions for drainage/erosion control need to be addressed. Erosion control
measures for slope areas where surface water runoff is concentrated must be identified.
The reclamation plans require the backfilling of soil from the mining grade to the final
contours. An earthwork balance assessment of soil volumes for reclamation must be provided
by the applicant to insure that sufficient volumes of soil are maintained onsite to meet the
reclamation earthwork needs.
The Reclamation Plan indicates future potential roadways. The north-south frontage road in
the southern portion of the Site indicates a grade as steep as 20%. The plan should be
modified to accommodate a typical roadway grade.
The Reclamation Plan does not indicate the specifics related to revegetation of the mined
areas.
Response:
Topsoil for reclamation:
All topsoil shall be retained onsite until completion of all reclamation work in accordance with the
reclamation plan.
January 10,2014
Page 7 of 8
Topsoil has been salvaged from prior mining operations and used to construct the screening berms
that are in place around the perimeter of portions of the Site to be used as part of final reclamation.
The volume of topsoil that is stored in these berms is just over 50,000 cy. The volume associated
with each stockpile is indicated on Sheet Cl,Existing Conditions. In addition,the southwestern
portion of the property north of 2215'Ave. and the southern expansion parcel has yet to be stripped
(27 acres and 14 acres respectively). The topsoil ranges in depth from 6-12 inches. Using an
average of 8 inches over the 41 acres remaining to be stripped yields an additional 44,000 cy of
topsoil for a total of approximately 95,000 cy of topsoil available for on-site reclamation. This
exceeds the topsoil requirements for reclamation of the entire site based on ordinance requirements
of three inches over the 114 acre disturbed area or 46,080 cy(The 114 acre area requiring topsoil
excludes the northern portion of the Site which was sold to Elk River Landfill for future landfill
expansion,but includes 221'Ave. and the new alignment).
Topsoil Available: Topsoil Required
Perimeter Berms: 51,572 cy
Future Mining Areas (8") 44,098 cy
Total Topsoil Available On-Site 95,670 cy 46,080 cy
3:1 Slope Revision to 4:1 Slope:
Final Slopes have been revised along the southern boundary to 4:1 and are illustrated on the revised
Sheet C3,Reclamation Plan. It is anticipated that this southern property line will eventually be
mined through to match grades to the south. Slopes along the McCrossan west boundary remain at
3:1 along the power line. It is also anticipated that in the future the southern and western property
lines which represent common mining borders will be excavated and these slopes will be
eliminated. The power lines along the McCrossan west boundary would need to be relocated or
lowered in order to mine the common border but it is anticipated that this will occur in conjunction
with the realignment of 2215`.Ave.
Earth Work Balance:
The volume of material required to bring the site from excavation grades to proposed
reclamation grades is 1,543,996 cy. Assuming a 20%compaction factor, 1,852,795 cy of
material will be needed to bring the site from the excavation grades to the proposed
reclamation grades.
There is sufficient material on-site to accomplish reclamation grading. An estimated 2,348,400
cy of material is available on from on-site sources; from materials encountered in the deposit
during mining such as clays and other materials too fine to process into marketable aggregate
products (2,150,000 cy) and overburden from the unstripped areas of the Site (198,400 cy).
Based on the past mining activity at the Site, an estimated 20% of excavated materials will be
suitable as compactable backfill and an average of three feet of stripping over the unmined 41
acres is also available.
Future Roadway Grades:
The future roadway grades have been revised along with the other end use contours to reflect
roadway grades of 0.5-8% and to maintain a minimum of five feet above the updated water
table contours. Revised grades are illustrated on Sheet C3, Reclamation Plan.
Specifics of Re-vegetation:
January 10,2014
Page 8 of 8
The intent of reclamation activities is to re-establish vegetation, provide stable soil
conditions for the site, and to create safe land use conditions following mining of the site.
Reclamation areas will be seeded with vegetation that is appropriate for the area, protects
the soils from erosion and sedimentation and considers the intended future use of the
property.
(12)Evidence satisfactory to the city that the property proposed to be licensed for mineral
excavation does not include any wetlands. If the property does include wetlands, the
applicant shall submit, with the application for a mineral excavation license and/or
conditional use permit to allow mineral excavation, a wetland delineation map, wetland
impact plan, wetland mitigation plan and such other information as is required pursuant
to subsection 30-1851(c) of this Code.
Comment:
The information is provided on page 8 of the application. Mining which occurs in the vicinity
of the wetland will decrease the drainage area for the wetland, as proposed. There is a
potential that the hydraulic characteristics of the wetland will be changed resulting in a
change in the related biological conditions. These potential impacts to the wetland should he
addressed in accordance with the Minnesota Wetland Conservation Act(WCA).
Response:
Mining will impact only a very small portion of the drainage area to the wetland. A 200 foot
buffer is maintained along the western property line adjacent to the wetland and the
subwatershed divide is very near to this setback line. Water levels in the wetland indicate that
the water in the wetland is at the same elevation as the water table and therefore while surface
water runoff may provide some contribution to the wetland, it is not likely significant. The
mining operation promotes infiltration and recharge of the groundwater and so no indirect
impact to the wetland is expected.
If you have any questions please do not hesitate to call. I may be reached at(763) 425-4191.
Sincerely,
TILLER CORPORATION
Michael aron
Director of Land Use Affairs
• • •
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970
NOTES: , 00
1. BOUNDARY INFORMATION FROM JAMES R. II o^' °
tea, A”
HILL, INC., AND SONDE LAND SURVEYING. ///2. RECLAMATION OF THE SITE WILL BE 970, ,PERFORMED IN GENERAL CONFORMANCE TO ���THIS PLAN,3, EXCAVATIONS WILL BE BACKFILLED AS
NEEDED TO CREATE FINISHED SLOPES THAT l
WILL NOT EXCEED 4:1, EXCEPT ALONG
15' 974 t
4. THE FUTURE ALIGNMENT AND ASSOCIATED I��
RECLAMATION GRADES ALONG 221ST STREET 976 4:1 SLOPE I /
ARE CONCEPTUAL AND SUBJECT TO FINAL
DESIGN. 980 II i
5. A MINIMUM OF 3" OF TOPSOIL WILL BE 9900°0 909 A" /
PLAC ED OVER SLOPES. THE SLOPES WILL ..��/ 980
1010 990
BE SEEDED AND MULCHED TO ESTABLISH / ozo +
VEGETATION. VEGETATION WILL BE / �1oa0 •
—seo9: I
PERIDICALLY INSPECTED TO ENSURE THAT IT /
HAS BECOME SELF—SUSTAINING. Ij .I1
f 1
J
SHEET NO. I HEREBY CERTIFY THAT THIS PLAN,
��17i F'✓�,.
SR M7OCR TION OR REPORT WS PREPARED 3 v iti; %1�i�
BY MEOR ERTIF THATT IS SUPERVISION '
RECLAMATION PLAN PR=E sT AA E=M'EEaEUNDE THE LAWS ry,,,V y'
OF THE STATE OF MINNESOTA.
li /
IOW
\C_/l�7 KIRSTEN PAULY CONSULTING CIVIL ENGINEERS
150 150 300
V V Tiller Corporation GATE'1125/1) REG.NO.'211142
SCALE IN FEET 2013 Permit Amendment RMeed: 1/9/2014
d) Sand and gravel mining at the groundwater table increases the vulnerability of
groundwater resources at the Site to contamination from chemicals and petroleum
products. The Groundwater Protection Plan provided in the application discusses
the use of oils and asphalt cement. This must be expanded to address the potential
presence of all types of hazardous substances and petroleum products and present an
inventory of these chemicals and petroleum products relative to the groundwater
resources at the Site. Protective measures must address the location of fueling
operations of Site equipment and all types of transfers related to petroleum and
chemicals. The location(s) of spill containment equipment must be indicated on the
Excavation Plan.
e) The applicant must identify contingency procedures for mechanical sweeping in the
event that sediment removal on public roadways is deemed appropriate by the City
of Elk River.
f) The applicant must provide a more detailed plan which identifies the placement of
control measures for water runoff and sediment erosion for all areas which do not
drain to the interior settling ponds. This must include description of control
measures and locations where they are placed. Appropriate control measures are
temporary vegetative seeding, mulch, buffer zones, earthen dikes, drainage swales,
sediment traps, riprap, sediment basins and silt fencing.
g) The requirement for Topsoil Preservation (Sec. 42-96) is not addressed. The Plan of
Operation must identify the volumes of soils required for reclamation and the future
locations of soil stockpiles.
h) Final slopes on the northern portion of the Site and the west property boundary of
the southern parcel for McCrossan are indicated as 3:1 slopes,which exceed the
required maximum of 4:1. This may be acceptable, however the thickness of topsoil
will need to be increased and provisions for drainage/erosion control need to be
addressed. Erosion control measures for slope areas where surface water runoff is
concentrated must be identified.
i) The reclamation plans requires the backfilling of soil from the mining grade to the
final contours. An earthwork balance assessment of soil volumes for reclamation
must be provided by the applicant to insure that sufficient volumes of soil are
maintained onsite to meet the reclamation earthwork needs.
j) The Reclamation Plan indicates future potential roadways. The north-south frontage
road in the southern portion of the Site indicates a grade as steep as 20%. The plan
must be modified to accommodate a typical roadway grade.
k) The Reclamation Plan must indicate the locations and plantings for the revegetation
of the mined areas.
1) Mining which occurs in the vicinity of the wetland will decrease the drainage area for
the wetland, as proposed. There is a potential that the hydraulic characteristics of
the wetland will be changed resulting in a change in the related biological
N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-03 Tiller Corp\CU 14-03 sr Tiller 1-14-14.docx
conditions. These potential impacts to the wetland must be addressed in accordance
with the Minnesota Wetland Conservation Act (WCA).
m) The applicant shall be responsible for the cost and construction of all road
improvements, including turn lanes, as required by the Township, Sherburne County
or MnDot. The city reserves the right to require the applicant to pay for road
maintenance of haul routes.
n) Dust control is required for all roads and within the site,when it is determined that
dust is creating a public nuisance or otherwise adversely affecting adjacent
properties.
o) All activities on the site shall be conducted in a manner that is consistent with
operating permits issued by the city, county, state, federal and other agencies. A
copy of any and all permits related to the operation of the site shall be submitted to
the city for their reference.
p) Vehicles and equipment not in operable condition or materials not associated with
the mineral extraction/excavation activity shall not be kept or stored at the site.
q) The site shall be mowed or maintained to control noxious weeds and other
vegetation.
4. 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.
5. Setbacks of 35 feet from north and south property lines, and 20 feet from east and west
property line shall be maintained. No mining activity shall be permitted within the
setback area without staff approval.
6. The need of buffering and or screening in light of surrounding land uses shall be
evaluated at the time of annual license renewal and shall be installed when directed by
the city to protect surrounding land uses.
7. Wash operations shall not be permitted unless a plan for protecting ground water and
surrounding environment is approved by the city's environmental consultant.
8. Hours of operation shall be allowed to be seven (7) days a week, 24 hours a day.
Background/Discussion
The applicant is seeking an amendment to their existing Conditional Use Permit (CUP) which was
originally issued in 1997 (CU 97-19). Since then, two amendments have been approved, one in 2001 (CU
01-20) to allow mining south of 221st Avenue and one in 2011 (CU 11-13) to allow mining within the 200
foot setback along the Elk River landfill. The original CUP allowed mining operations and a hot mix
plant north of 221', and restricted the hours, among other conditions.
The applicant currently wants to expand their mining limits to include an additional 13.65± acre parcel of
property located south of the existing permitted properties (PID 75-110-2101).
N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-03 Tiller Corp\CU 14-03 sr Tiller 1-14-14.docx
The subject property is located within the Mineral Extraction Overlay District. The zoning of the
property is R1a Single Family Residential. Currently there is a house and out buildings located on the
property.
The property is bordered by Highway 169 to the east, the proposed (CU 14-02) C.S. McCrossan parcel to
the west and the reclaimed Aggregate Industries parcel to the south.
It is estimated that 15-20 years will be required to complete the extraction and rehabilitation of the site
but this estimated time frame is dependent upon market demand.
Proposed Changes
The current CUP allows for the extraction of material to within five (5) feet of the regional groundwater
table. The proposed amendment includes a revision to excavation elevations to allow mining an
additional five (5) feet, to the top of the regional groundwater table.
Transportation/Access
The primary transportation routes are east on 221St Avenue to Highway 169 and a small percentage of
trucks may travel west on 221st Avenue to serve local markets.
There are two primary site access points. The parcel north of 2215`access serves the hot mix asphalt
plant and is hard surfaced into the site and around the plant area. The parcel south of 221ST primary access
is directly across from the northern access. This access is gravel surfaced and was established in 2001.
There is also a secondary access to the southern parcel that is located approximately 250 feet to the west
which served as the site access to the southern parcel prior to 2001. There is no direct access proposed to
Highway 169.
Average traffic generated from the site ranges from 100-150 trucks per day (200-300 truck round trips).
Dust control has been implemented by hard-surfacing 221st Ave. from the exit to Highway 169. Internal
haul roads to and from the plant area are hard-surfaced. Conveyors are used within the site,minimizing
truck traffic on internal haul roads. Perimeter berms also limit dust movement from the Site. Internal
haul roads will be watered as needed..
Hours of Operation
The applicant is proposing to extend the hours of operation for the mining and operation of the hot-mix
asphalt plant to 24 hours a day and 7 days a week. Current hours of operation are: 7am to 7 pm,Monday
through Saturday. The Building administrator may approve longer hours for special cases. The request for extended
hours of operation is being made to accommodate the growing need to supply materials for overnight
construction activity designed to minimize impacts to the travelling public. The site will continue to be
subject to the MN State noise standards and will comply with the stricter nighttime standards during the
period from 10:00 p.m. to 7:00 a.m. as defined by MN Rules Chapter 7030,Noise Pollution Control.
Sunde Engineering
More detailed information on the proposal can be found in the applicant's narrative as submitted by
Sunde Engineering.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-03 Tiller Corp\CU 14-03 sr Tiller 1-14-14.docx
Landmark Environmental LLC
The city's environmental consultant,Landmark Environmental LLC,reviewed the application for
compliance with the city's ordinance. The city has utilized Landmark Environmental LLC on other
similar applications in the past. Landmarks comment letter is attached, and a recommended condition of
approval is that the all items are addressed.
Financial Impact
None
Attachments
• Location Map
• Memo from Matt Ledvina,Landmark Environmental LLC, dated December 17, 2013
• Applicants Narrative (Sunde Engineering)
N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-03 Tiller Corp\CU 14-03 sr Tiller 1-14-14.docx
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Landmark Environmental LLC
December 17,2013
Mr. Chris Leeseberg
City of Elk River
13065 Oronoco Parkway
Elk River,MN 55330
Re: Review for Tiller Corporation Via email
Conditional Use Permit Amendment Request,November 2013
Dear Mr.Leeseberg:
As requested,this letter presents a summary of Landmark Environmental,LLC's(Landmark)review of
the request for Tiller Corporation Conditional Use Permit(CUP), CU 97-19 Amendment. This
engineering review is provided for the information contained in the following documents provided by
Tiller Corporation(Tiller)as the CUP Amendment applicant:
• Tiller Corporation Application to Amend Conditional Use Permit(CUP),CU 97-19 Mineral
Extraction and Hot-Mix Asphalt Plant,Elk River,MN,November 2013.
• Engineering Plans,C1-C3, 2013 Permit Amendment
• City ordinances for Mineral Excavation,Sec.42-52.
A Site visit was conducted by Landmark on December 17,2013 to review the Site operations, Site
conditions and surrounding areas in relation to the proposed mining plans. Mr.Mike Caron,
representing the applicant,escorted Landmark and provided additional information during the Site visit.
City ordinances for Mineral Excavation, Sec.42-52 were used as the technical standards for application
documents. The specific technical standard of the ordinance is identified with the findings from the
review indicated in bold print. A number of ordinance requirements relate to operational(not design)
provisions and comments for these requirements are also provided. Ordinance requirements which were
outside the main scope of site design were not evaluated.
Sec.42-52.Application.
Application for an extraction license,conditional use permit and/or zone change,as required by this
division, shall be made in writing to the council in the form specified by the city administrator. The
application is required to contain the following information:
(1)The correct legal description of the land upon which extraction is proposed.
(2)The name and address of the applicant and the owner of the land.
(3)The names and addresses of all adjacent landowners within a 350-foot radius as obtained
from the records of the county auditor.
(4)The purpose of the proposed extraction.
(5)The estimated time required to complete the proposed extraction and rehabilitation.
(6)The names of the highways,streets or other public roadways within the city upon which the
material shall be transported.
The applicant responses for these items were not reviewed.
(7) Specifications for the following using appropriate maps,photographs and surveys:
2042 W.98th Street Bloomington,Minnesota 55431 Phone:(952)887-9601 Fax:(952)887-9605 www.landmarkenv.com
Mr.Chris Leeseberg
December 17,2013
Page 2 of 4
a.The physical relationship of the proposed extraction site to the community and existing
community development.
Figures 1-5 and page 3 of the application provide the relevant information.
b. Site analysis information such as trees,depth of topsoil,adjacent and on-site buildings and
land uses,flood levels,watercourses,and elevation and percent slope within 100 feet beyond
the perimeter of the site.
Figures 3 and 4,and page 5 of the application provide the relevant information.
c.The estimated quantity of materials to be extracted.
Page 4 of the application provides the relevant information.
d.The depth of water tables throughout the proposed extraction site.
The information is provided on page 4 and Figure 6 of the application. The groundwater flow
interpretation is not sufficiently documented and,in the northern parcel,is in conflict with Figure
3 of the"Sampling and Analysis Plan"Elk River Landfill,January 2011. In the Plan,the
groundwater table elevation is shown at 954 near the intersection of 221St Street and Hwy 169
while Figure 6 shows this elevation at 945. A groundwater divide,as described on page 4 of the
application,is not consistent with the area(Elk River Landfill)and regional groundwater flow
interpretations. Without additional information from onsite wells for the property south of 221st,
the anticipated groundwater elevation should range from 954 on the east and 951 on the west.
The"Excavation Plan",C2 should be modified to reflect these anticipated groundwater
elevations. The applicant should also address the use of the historic high groundwater levels in
establishing the excavation basegrades.
e.The average thickness of overburden on the proposed extraction site.
The information is provided on page 4.
f.A detailed map of the highways, streets,roads or other public ways, and any private
easements or private property,upon and along which the material removed shall be transported
(haul roads).The map shall identify all proposed haul roads from the proposed excavation site
to the Elk River corporate limits.
The information is provided on page 5 and Figure 5 of the application.
(8)The plan of operation,including processing,if any,the nature of the processing and
equipment,location of the processing plant, source of water,disposal of water,reuse of water,
and use of explosives.
The information is provided on page 5 of the application. The plan of operation does not identify
where the phasing of mining(and reclamation)will occur and the timing for each phase. The Site
should be excavated in an orderly fashion to reduce the area of open mining at any one time. In
particular,it is recommended that the northern portion of the Site be reclaimed prior to initiation
of mining in the new parcel proposed for the expansion. The future location of the main
operations area and office,now located in the southeast corner of the northern parcel,should be
identified on the(phasing)Excavation Plan,C2. The Excavation Plan should also show the
Mr.Chris Leeseberg
December 17,2013
Page 3 of 4
locations of topsoil and backfill soils which will be used in reclamation. The soil volumes of the
anticipated phases should be indicated in the application and on the Excavation Plan.
Screening berms are indicated on the Excavation Plan. During the Site visit,Mr.Caron indicated
that the screening plan was not completely detailed on the Excavation Plan,C-2. The details for
screening berms on the north side of 221st Street should be provided. The suitability of the
berms for site screening should be further demonstrated by the applicant. Details have not been
provided on security fencing for the new parcel in the southern portion of the Site.
Sand and gravel mining at the groundwater table increases the vulnerability of groundwater
resources at the Site to contamination from chemicals and petroleum products. The Groundwater
Protection Plan provided in the application discusses the use of oils and asphalt cement. This
should be expanded to address the potential presence of all types of hazardous substances and
petroleum products and present an inventory of these chemicals and petroleum products relative
to the groundwater resources at the Site. Protective measures must address the location of fueling
operations of Site equipment and all types of transfers related to petroleum and chemicals. The
location(s)of spill containment equipment should be indicated on the Excavation Plan.
(9)Plans for drainage,wind and water erosion control,sedimentation and dust control,
maintenance of security on the proposed extraction site,control of access to open extraction and
control of weeds and unsightly vegetation.
The information is provided on page 7 of the application. The applicant should identify
contingency procedures for mechanical sweeping in the event that sediment removal on public
roadways is deemed appropriate by the City of Elk River.
The applicant must provide a more detailed plan which identifies the placement of control
measures for water runoff and sediment erosion for all areas which do not drain to the interior
settling ponds. This must include description of control measures and locations where they are
placed. Appropriate control measures are temporary vegetative seeding,mulch,buffer zones,
earthen dikes,drainage swales,sediment traps,riprap,sediment basins and silt fencing.
(10)A comprehensive rehabilitation plan showing suitable provisions for rehabilitation of the
excavated area to a useable condition compatible with the adjacent land such that it will not
become a health or safety hazard or a nuisance. Such plan shall, at a minimum,include
anticipated final elevations,slopes and plans for the return of vegetation, subsoil and topsoil.
Where the council deems practical and necessary,such plan shall also include adjoining related
areas where extractions have previously been made which remain under the control of the
applicant or the owner of the land on which the extraction is proposed.
The information is provided on pages 7 and 8,and the Reclamation Plan,C3 of the application.
The requirement for Topsoil Preservation(Sec.42-96)is not addressed. The Plan of Operation
must identify the volumes of soils required for reclamation and the future locations of soil
stockpiles.
Final slopes on the northern portion of the Site and the west property boundary of the southern
parcel for McCrossan are indicated as 3:1 slopes,which exceed the required maximum of 4:1.
This may be acceptable,however the thickness of topsoil will need to be increased and provisions
for drainage/erosion control need to be addressed. Erosion control measures for slope areas
where surface water runoff is concentrated must be identified.
Mr.Chris Leeseberg
December 17,2013
Page 4 of 4
The reclamation plans requires the backfilling of soil from the mining grade to the final contours.
An earthwork balance assessment of soil volumes for reclamation must be provided by the
applicant to insure that sufficient volumes of soil are maintained onsite to meet the reclamation
earthwork needs.
The Reclamation Plan indicates future potential roadways. The north-south frontage road in the
southern portion of the Site indicates a grade as steep as 20%. The plan should be modified to
accommodate a typical roadway grade.
The Reclamation Plan does not indicate the specifics related to revegetation of the mined areas.
(11) Evidence that access to and use of all haul roads will be safe and that the applicant has
received approval by MNDOT for access to and use of state highways,and approval by
Sherburne County for access to and use of county roads.Evidence of a right to access and use
any private property or easement required to access a public right-of-way or proposed haul road
shall also be submitted with the application.Approval to access and use city streets as haul
roads shall be at the discretion of the council and will be considered by the council with the
application.
The information is provided on page 8 of the application.
(12)Evidence satisfactory to the city that the property proposed to be licensed for mineral
excavation does not include any wetlands.If the property does include wetlands,the applicant
shall submit,with the application for a mineral excavation license and/or conditional use permit
to allow mineral excavation,a wetland delineation map,wetland impact plan,wetland
mitigation plan and such other information as is required pursuant to subsection 30-1851(c)of
this Code.
The information is provided on page 8 of the application. Mining which occurs in the vicinity of
the wetland will decrease the drainage area for the wetland,as proposed. There is a potential that
the hydraulic characteristics of the wetland will be changed resulting in a change in the related
biological conditions. These potential impacts to the wetland should be addressed in accordance
with the Minnesota Wetland Conservation Act(WCA).
Based on this review,a number of recommended conditions of approval can be developed for the
applicant to resolve the deficiencies items identified herein. Please let me know if you would like me to
develop these conditions.
,';ii erely`
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Cc: Ken Haberman,Landmark Environmental,LLC
November 2013
TILLER
CORPORATIONS
Application to Amend
Conditional Use Permit CU 97-19
Mineral Excavation
and
Hot-Mix Asphalt Plant
Elk River, MN
TILLER CORPORATION
Application to Amend
Conditional Use Permit CU 97-19
Mineral Excavation and Hot-Mix Asphalt Plant
ELK RIVER, MINNESOTA
I 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
under the laws of the State of Minnesota
11/25/2013
Kirsten Pauly, PE Date:
Reg# 21842
TILLER CORPORATION
Application to Amend
Conditional Use Permit CU 97-19
Mineral Excavation and Hot-Mix Asphalt Plant
Elk River, MN
I. INTRODUCTION
Tiller Corporation (Tiller) is seeking an amendment to their existing Conditional Use Permit
(CUP) for Mineral Excavation on a parcel of land located in the northern portion of Elk River
(Site). The original CUP was issued in 1997 and included a 113 acre parcel of property located
north of 221st Avenue.The CUP was amended in April 2001 to include property located south of
221St Avenue and again in June 2011 to allow mining within the 200' setback along the Elk River
Landfill property located to the north of the Tiller Site. Figure 1, General Location Map,
illustrates the location of the property. Permitted activities include mining, processing and
stockpiling of aggregate, stockpiling and processing of recyclable concrete and asphalt and the
operation of a hot-mix asphalt plant.
The purpose of this amendment request is to:
1. Expand the mining limits to include an additional parcel of property located south of the
existing permitted properties;
Tiller recently purchased the parcel of property located immediately south of their current
permitted Site which encompasses approximately 13.65 acres (expansion parcel). Figure 2,
Zoning Excerpt, demonstrates the expansion parcel is located within the Mineral Extraction
Overlay District with an underlying R1a Single Family Residential zoning designation. The
expansion parcel is bordered by US Highway 169 to the east, the proposed C.S. McCrossan
parcel to the west and the reclaimed Aggregate Industries parcel to the south.
2. Allow excavation of material to the water table;
The current CUP allows for the extraction of material to within five feet of the regional
groundwater table with subsequent backfilling of clean fill soils to attain final reclamation
grades.The sand and gravel resource extends below the water table and aggregate is mined
from below the water table in other areas within the City and County. This amendment
application includes a revision to excavation elevations to allow mining an additional five
feet, to the top of the regional groundwater table, to more efficiently utilize the sand and
gravel deposit. To support this request, a groundwater protection plan has been prepared
and is included in Section II 8a,of this application.
3. Extend the hours of operation of mining and operation of the hot-mix asphalt plant 24 hours
a day,7 days a week;
A request for extended hours of operation is made at this time to accommodate the
growing need to supply materials for overnight construction activity designed to minimize
impacts to the travelling public. The Site will continue to be subject to the MN State noise
Page I 1
standards and will comply with the stricter nighttime standards during the period from
10:00 p.m.to 7:00 a.m. as defined by MN Rules Chapter 7030, Noise Pollution Control.
4. Revise reclamation grades to accommodate future 221St Avenue NW realignment and
construction of a grade separated interchange;
The Minnesota Department of Transportation (MnDOT) has studied the US 169 corridor and
identified various corridor improvements including `\t,. 'I,
an underpass at 145th Street and associated local
frontage road alignments. Plans have not been ' '
approved at this point but preliminary design is °Y"
available. Reclamation grades have been revised
to reflect the new interchange, new road ' ,.,,*/ 1 '''-,,,,,,,;;:k 1 ''
alignments and potential grades.
5. Document that the northern portion of the permit l ` " ° ¢
area has been sold by Tiller to the Elk River Landfill °- ' �' �
and the subsequent adjustment of our reclamation grades to conform to that sale;
Tiller will continue to mine the northern portion of the permit area that was sold to Elk River
Landfill under a lease agreement with the Elk River Landfill. Mining will be in advancement
of the Elk River Landfill phasing. Once mining advances from the Elk River Landfill onto Tiller
property, mining will continue in a southerly direction
II.SITE INFORMATION
1. Legal Description
See Appendix 1, Legal Descriptions
2. Name and Address of Applicant and Land Owner:
Applicant: Tiller Corporation
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN 55311-6480
Contact Mike Caron: (763)425-4191
Land Owners: Tiller Corporation (See address above)
Elk River Landfill
Elk River Landfill, Inc.
22460 Hwy 169 NW
Elk River, MN 55330
Contact: Debra Dehn (612)441-2464
Page 12
3. Names and addresses of all adjacent land owners within 350 feet of Site:
Mailing labels, prepared by Sherburne County with the names and addresses of adjacent
land owners within 350 feet are included as a separate attachment to this application.
4. Purpose of Extraction:
The purpose of the extraction is to remove an existing deposit of sand and gravel and
process it into construction aggregate, processing of recyclable concrete and asphalt and
hot mix asphalt production. The Site serves the growing needs of Elk River and the
surrounding area.
5. Estimated Time Required to Complete the Proposed Extraction and Rehabilitation:
The Site is operated in phases. It is estimated that 15-20 years more or less will be required
to complete the extraction and rehabilitation of the Site The duration of mining activities is
approximate only and is dependent upon market demand.
6. Transportation Routes:
The primary transportation routes are east on 221St Avenue to US Highway 169 and then
north or south on US Highway 169 to market. The intersection of 221st Avenue and US
Highway 169 has both northbound and southbound acceleration lanes onto US Highway
169 and a southbound right turn lane from US Highway 169 onto 221St Avenue. A small
percentage of trucks travel west on 221St Avenue to serve local markets.
There are two primary Site access points. The northern parcel's access serves the hot mix
asphalt plant and is hard surfaced into the Site and around the plant area. The southern
parcel's primary access point is directly across from the northern access. This access is
gravel surfaced and was established in 2001. Both access points have locking gates to
control access to the property. There is also a secondary access to the southern parcel that
is located approximately 250 feet to the west which served as the Site access to the
southern parcel prior to 2001.
Average traffic generated from the Site ranges from 100-150 trucks per day (200-300 truck
trips).
7. a. Physical relationship of Site with respect to the community:
The Site is located near the northern boundary of Elk River. The Site is immediately
west of U.S. Highway 169, and south of the Elk River Landfill. The proposed C.S.
McCrossan Site is located immediately west of the Site. The Site is approximately 3 miles
north of the developed area of Elk River.
b. Site analysis:
Page 13
Active mining and asphalt plant operation has occurred on this Site for many years.
Berms have been constructed along US Highway 169 and a portion of 221st Ave. The
berms are vegetated and landscaped and provide screening.
Site terrain is irregular with little topsoil or overburden. Elevations range from 960 to
1070 feet above mean sea level (msl) with typical slopes ranging from 20-30% and
mining faces of approximately 1.5:1 (H:V). Mining is proposed to occur to elevations
ranging from 946-961 feet above msl.The expansion parcel is an extension to the south
of the existing permitted mining area and includes a residential structure and
outbuildings. The expansion parcel also contains some wooded areas as well as brush
and grassland. The southwestern portion of the northern parcel also contains woods
and open space. Sheet C1, Existing Conditions, illustrates the current topography of the
Site.
Based on information contained on the National Wetland Inventory (NWI) Map,there is
one wetland located on the Site in the very southwestern corner of the northern parcel.
The wetland basin is predominantly off-site but a portion extends about 70 feet into the
Tiller property. The portion of the wetland that is located on the Site is located within
the 200-foot setback area and the trail system right-of-way. A 140-foot buffer is
maintained between the wetland and the excavation limits. Vegetation will remain and
no land disturbing activities will occur within the buffer area. The wetland is not
proposed to be impacted by the mining operations.Tibbits Brook, Rice Lake and a large
wetland complex lie northwest of the Site on the west side of the abandoned railroad
track. Figure 3,NW!Excerpt, illustrates the location of nearby wetlands.
The Site lies immediately south of the existing Elk River Landfill. Other surrounding land
uses are primarily agricultural or mineral extraction. Figure 4, U.S.G.S. Quad Map
Excerpt, illustrates the Site setting.
c. Estimate of Quantity of Material to be Mined:
An estimated 10 million cy of marketable material remains on the Site.
d. Depth of Water Table:
The depth of the water table was identified during the EIS process. The water table
ranges from about 957 feet above mean sea level (msl) in the northern portion of the
Site to about 945 feet above msl in the southeast corner of the Site. A groundwater
divide, running approximately northeast-southwest runs through the Site. Mining under
this permit will occur to the elevation of the water table and then backfill to the
reclamation grades.
e. Average thickness of overburden
The average thickness of overburden is estimated to range between 0 and 5 feet. The
overburden is a sandy loam.
f. Detailed map of haul routes to Elk River City Limits:
Page I 4
Figure 5, Haul Routes, illustrates the primary roads and highways that will be used to
transport material from the mine to the Elk River City Limits. Other public roads within
the City may be used on occasion to deliver product to local markets or job sites.
8. Plan of Operation:
Operations will essentially remain the same as in the past with additional hours of
operation to meet growing demand for nighttime supply of construction materials.
Screening has been established around the perimeter of the Site along US Highway 169 and
2215t Avenue. Mining will continue in both the southern and northern parcels. Areas to be
mined are cleared of vegetation and then stripped as needed. Topsoil is stockpiled on-site.
Overburden is stockpiled or used as backfill to reclaim completed portions of the mine.
Sand and gravel are excavated from the active mining area and brought to the processing
area.
Processing consists of crushing, screening, stockpiling, and production of hot mix asphalt as
well as the processing of recyclable concrete and asphalt. Some aggregate is transported
from the Site to another Tiller facility in Elk River for washing. Aggregate stockpiles and
accessory equipment are located throughout the Site.
Crushing and screening take place throughout the mining operation. Portable crushing and
screening equipment is utilized. The placement of the portable equipment depends upon
the location of the active face and varies throughout the life of the operation. Conveyors
are used throughout the Site to convey material from the active face to the processing
equipment. Some materials are transported to the Elk River Landfill for use as daily cover.
A water supply well was constructed in 1998 to supply water for the offices and quality
control lab associated with the operations. The well is 178 feet deep and is finished in
sand. Wastewater is contained in a holding tank, which is pumped and transported to final
disposal by a State certified and licensed contractor.
No explosives will be used at the Site.
Sheet C2, Excavation Plan, illustrates the proposed excavation grades and anticipated
phasing. The phasing of mining will be in advancement of the Elk River Landfill phasing.
Once mining advances from the Elk River Landfill onto Tiller property, mining will continue
in a southerly direction.
8a. Groundwater Protection Plan:
Tiller is proposing to extend the depth of excavation an additional five feet to the top of the
water table and then backfill to the final reclamation grades. Final reclamation grades will
be a minimum of five feet above the water table. This groundwater protection plan has
been prepared to identify specific measures to be adopted to minimize or eliminate the
potential for any impacts to the groundwater.
Groundwater Conditions: The elevation of the water table in the vicinity of the Site was
identified in the EIS. Hydrologic work associated with the Elk River Landfill has provided
Page 15
additional water table elevation data points. Figure 6, Groundwater Conditions, illustrates
well locations and the elevation of the surface of the water table across the Site.
Groundwater Monitoring: Groundwater monitoring is currently conducted at the Site on an
annual basis. Annual monitoring for diesel range organics (DRO) of the potable well that
supplies the quality maintenance building (QM Lab) is conducted as a condition of the
current permit. The monitoring results are submitted to the City on an annual basis At the
time the monitoring requirement was established, the potable well that supplies the quality
maintenance building (QM Lab) was the only on-site well available to be tested. Since that
time, the Elk River Landfill installed monitoring wells associated with the groundwater study
they conducted during environmental review of their proposed landfill expansion. Tiller is
proposing to replace annual monitoring of the QM well with annual monitoring of one of
the Elk River Landfill monitoring wells. Well 319 OWA is located a few hundred feet from
the QM well. The QM well that has been monitored in the past is a production well, with
the screen set well below the water table. Well 319 OWA has been completed so that the
screen intersects the water table in unconfined conditions and therefore is a preferable
monitoring well for detection of DRO.
Elimination of Industrial Wastewater Discharges: The asphalt plant is currently equipped
with a baghouse to reduce air emissions as opposed to a wet scrubber system. This
eliminates the production of industrial wastewater associated with the asphalt plant.
Equipment Maintenance: Limited equipment maintenance is performed on-site and follows
company spill prevention policies. A service truck comes to the Site to perform routine
maintenance. All used lubricating oil is collected by facility personnel and hauled off-site to
a central collection point (waste oil is not classified as hazardous waste). The service truck
carries a spill containment kit.
Storage Tanks: All fuel and used oil storage tanks over 1,100 gallons(or 500 gallons if within
500 feet of a surface water) located on site are above ground tanks and have secondary
containment designed in accordance with MN Rules, Chapters 7001 and 7151. Secondary
containment consists of an impermeable concrete enclosure with a concrete base. The
portion of the containment area with the used oil and fuel tanks also has an impermeable
membrane on top of the concrete. In the event of a tank failure the secondary containment
prevents the release of petroleum products to the environment.
The tanks are registered with the Minnesota Pollution Control Agency (MPCA). They are
labeled, equipped with corrosion and overfill protection, and are visually monitored for
leaks and inspected on a weekly basis. At least one person is always present during
unloading and loading of a tank. Due to the high viscosity of asphalt cement (AC),the MPCA
does not require registration of AC tanks. AC tanks are also exempt from certain other
above ground storage tanks requirements; however, secondary containment of the AC tanks
is required and provided at the Site.
Topping off: Company policy does not allow topping off of any tank during transfer
operations. All transport piping is above ground and tanks are equipped with audible
electronic alarms to prevent over filling. Warning signs and chock blocks are used to
prevent premature vehicle departure.
Page I 6
Spill Prevention Control and Counter Measures Plan (SPCC Plan): An SPCC Plan has been
prepared for the Site. This plan documents procedures to be followed in the event of a spill
or release at the Site. Tiller's spill policy is that any spill of oil,gasoline, diesel fuel, lubricant,
or asphaltic cement is to be reported to Tiller's Regulatory and Environmental Coordinator
and cleaned up promptly. Any spills of five gallons or more of petroleum products or any
volume of hazardous materials are reported to the state duty officer as required by
applicable state statutes and regulations (Minn. Stat. 299K).
Spill Containment Equipment: Spill cleanup equipment is available on-site during periods of
active operations including equipment to excavate and remove impacted soils in an
expedited fashion, as well as firefighting extinguishers, absorbent pads, spill blocker dikes,
empty barrels, rags and shovels.
9. Drainage, Erosion Control, Sedimentation, Dust, Access Control and Security:
The Site operates under a MPCA NPDES permit. A Stormwater Pollution Prevention Plan
has been prepared for the Site. Surface water drainage is directed to low areas within the
excavation. Collected surface water infiltrates into the underlying soils and/or evaporates.
Surface water drainage is not directed off Site. Sedimentation may occur in the temporary
ponding areas. These ponds can readily be cleaned out by on-site equipment on an as
needed basis.
Erosion of finished slopes is minimized by backfilling to a minimum slope of 4:1 and seeding
and mulching. Screening berms have been constructed to a minimum of 3:1 slopes and
seeded and mulched.
Dust control has been implemented by hard-surfacing 221st Ave. from the exit to US
Highway 169. Internal haul roads to and from the plant area are hard-surfaced. Conveyors
are used within the Site, minimizing truck traffic on internal haul roads. Perimeter berms
also limit dust movement from the Site.
Locking gates at the Site entrances and exits provide access control. The entire Site is
fenced except for a small portion on the western property line, which is too heavily
vegetated for fencing equipment to access.
10. Rehabilitation Plan
Reclamation activities at the Site consist of conversion of the excavated area in the
northern portion of the Site to development of additional phases of the Elk River Landfill. In
areas south of the landfill, reclamation will consist of backfilling, grading, and seeding.
Slopes around the perimeter of the mining area (where common mining borders do not
exist) will be established at a maximum slope of 4:1. During active mining the floor of the
Site will remain open to accommodate mining activities, haul roads, stockpile areas, etc.
Final grades will range from 1%to 25%.
Topsoil will be placed on graded areas to be reclaimed. The area shall be seeded within 6
months of completing the backfilling. Topsoil will come from on-site sources, and be
placed in a layer that is a minimum of 3" thick in accordance with the City ordinance.
Page 17
Reclamation grades have been developed that accommodate the future realignment and
grade separated intersection of 221st Avenue and US Highway 169, as well as related
frontage roads. Sheet C3, Reclamation Plan, illustrates final reclamation grades. It is
anticipated that these grades will be adjusted as final design of the new intersection is
completed.
After placement of topsoil is complete, the area will be seeded and mulched to establish
vegetative cover and limit the potential for erosion and sedimentation.
11. Evidence regarding access roads:
The Site will utilize existing access points and established haul roads. A number of traffic
improvements paid for by Tiller have been constructed at the intersection of 2215t Avenue
and US Highway 169. These improvements such as turn lanes and acceleration lanes were
constructed with approval of MnDOT and have increased the safety of these routes.
12. Evidence that the property to be excavated does not include any wetlands:
There is one wetland located along the southeastern portion of the property that was
delineated as part of the Elk River Landfill EIS.The wetland is located in a 200' setback area
and will not be impacted by mining. Figure 3, National Wetland Inventory Map, indicates
that there are no other wetlands on located on the Site.
III. STANDARDS
1. Boundary:
Extraction operations shall be conducted within the confines of the boundaries indicated
within this application.
2. Setbacks:
Extraction operations will not be conducted within the following:
a. Five feet of a right of way of an existing public utility
b. 50 feet of the boundary of any zone where such extraction operations are not permitted,
c. 30 feet of the boundary of an adjoining property which is not being used for extraction
operations
d. within any required buffer zone or setback area on the Site or any adjoining property.
Common mining borders will be mined through the property line. This occurs along the
northern and portions of the western Site boundaries. In addition, a 200-foot setback is
maintained along the western boundary that borders the abandoned railroad track.
Setbacks from 221St Avenue will be adjusted at some point in the future when 221st
Avenue is realigned to accommodate the new intersection at US Highway 169.
3. Fencing:
The majority of the Site is fenced to prevent unauthorized access.
Page 1 8
4. Appearance and Screening:
All equipment is kept operational. Abandoned equipment and rubbish will be periodically
removed from the Site. 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. The perimeter of the Site is screened along US Highway169, north of
221st Avenue. A berm has been constructed,seeded,and is maintained on a regular basis.
5. Rehabilitation of the Site:
a. Schedule:
Reclamation will occur as portions of the Site reach final elevations. Some areas on the
floor of the facility may be used for stockpiling and Site operations and will be reclaimed
as operations permit.
b. Slopes:
Slopes will be reclaimed in accordance with the reclamation plan. Finished slopes will
not exceed 4:1.
c. Cover and Planting:
A minimum of 3" of topsoil will be placed over reclaimed slopes. The slopes will be
seeded in accordance with the reclamation plan. The vegetation will be periodically
inspected to insure that it has become self-sustaining.
d. Slopes to Water Bodies:
There are no water bodies existing on-site. Mining below the water table to create a
water body is not contemplated under this permit, although a permit revision may be
requested at some time in the future. All mining that occurs to the water table will be
backfilled to reclamation grades, and no water bodies will be created. If this changes in
the future, slopes to water bodies will be in compliance with the City Ordinance.
e. Water Bodies:
All water bodies resulting from extraction,for example, temporary storm water ponding
areas, will either be filled at the end of each construction season or preserved to
continue to operate as a holding pond at the discretion of the City and consistent with
public health, safety and welfare.
6. Haul Roads and Access:
The Site utilizes existing approved Site access points which provide safe access to and
from the facility. No private easements are necessary to access public right of way.
Additional construction of access points or access improvements is not necessary at this
time.
7. Operating Standards:
a. Noise:
Page 19
The mining operation and asphalt plant is operated in compliance with all State Noise
Standards established by the Minnesota Pollution Control Agency.
b. Hours of Operation:
Extended hours of operation are requested to accommodate the growing need to
supply materials for overnight construction activity designed to minimize impacts to
the travelling public. The Site will continue to be subject to the MN State noise
standards and will comply with the stricter nighttime standards during the period from
10:00 p.m.to 7:00 a.m. as defined by MN Rules Chapter 7030, Noise Pollution Control.
c. Explosives:
Explosives are not used at this Site.
d. Fugitive Dust:
Fugitive dust is minimized by hard-surfaced access road, recessed operations, perimeter
berms and the use of conveyors. Internal haul roads are watered as needed. Asphalt
plant operation and fugitive dust will not exceed air pollution standards established by
the Minnesota Pollution Control Agency.
e. Water Pollution:
The Site is operated in compliance with all applicable Minnesota Pollution Control .
Agency and Department of Natural Resources regulations for the protection of water
quality. The asphalt plant utilizes bag houses for air pollution control and does not
discharge wastewater. A National Pollution Discharge Elimination Permit (NPDES) has
been obtained for the Site. Fuel is stored in above ground tanks. Secondary
containment is provided for all fuel tanks.
f. Topsoil:
Topsoil is retained on the Site until the completion of restoration. Topsoil has been
used to create screening berms and these berms may subsequently be removed as part
of the final reclamation process.
g. Slopes:
The active mining face will be sloped no steeper than 1:1. Reclaimed slopes will be
backfilled to a maximum slope of 4:1 or to maximum slope approved for landfill
construction.
Page 110
Appendix 1 Legal Descriptions
PIDs: 75-103-3200 Capitol Land Group LLC, (Tiller Corporation) AND part of 75-103-2400
Waste Management (Elk River Landfill)
That part of the Northwest Quarter of Section of Section 10,Township 33, Range 26, and the
Southwest Quarter of Section 3,Township 33, Range 26,except the north 525 feet of said
Southwest Quarter of Section 3,Sherburne County, Minnesota, lying west of U.S. Highway
No. 169, and lying northerly of that part of the centerline of 221st Avenue as described in
Document Number 317983, described as follows:
Commencing at the southwest corner of said Southwest Quarter of Section 3; thence North
0 degree 32 minutes 20 seconds West, assumed bearing along the west line of said
Southwest Quarter of Section 3,a distance of 346.29 feet to the intersection with said
centerline of 221st Avenue being the point of beginning of the centerline to be described;
thence North 89 degrees 42 minutes 57 seconds East,along said centerline, a distance of
473.80 feet;thence southeasterly a distance of 380.39 feet,along said centerline, being a
tangential curve concave to the southwest having a radius of 521.00 feet and a central angle
of 41 degrees 49 minutes 57 seconds;thence South 48 degrees 27 minutes 06 seconds East,
tangent to said curve, along said centerline, a distance of 141.08 feet;thence southeasterly
a distance of 378.97 feet along said centerline, being a tangential curve concave to the
northeast having a radius of 521.00 feet and a central angle of 41 degrees 40 minutes 36
seconds; thence North 89 degrees 52 minutes 18 seconds East,tangent to said curve, a
distance of 627.29 feet to the westerly right-of-way line of said U.S. Highway No. 169 and
said centerline there terminating.
PID: 75-104-4405 Capitol Land Group LLC, (Tiller Corporation)
That part of the Southeast Quarter of the Southeast Quarter of Section 4,Township 33,
Range 26, Sherburne County, Minnesota,which lies easterly and southeasterly of the
southeasterly line of a 200.00 foot wide strip of land,and its northerly extension, its
centerline is described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of
Section 4; thence South 89 degrees 42 minutes 21 seconds West,assumed bearing, along
the south line of said Southeast Quarter of the Southeast Quarter of Section 4,a distance of
1279.14 feet,to the point of beginning of said centerline to be described;thence North 26
degrees 33 minutes 44 seconds East, a distance of 1216.16 feet;thence northeasterly a
distance of 238.84 feet along a tangential curve, concave to the northwest,with a central
angle of 04 degrees 46 minutes 37 seconds and a radius of 2864.79 feet,to the intersection
with the north line of said Southeast Quarter of the Southeast Quarter of Section 4, and said
centerline there terminating.
AND which lies northerly of the centerline of 221st Avenue as described in Sherburne
County Recorder Document Number 317893, described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of
Section 4; thence North 0 degrees 32 minutes 20 seconds West,assumed bearing, along the
east line of said Southeast Quarter of the Southeast Quarter, a distance of 346.29 feet to the
intersection with said described centerline of 221st Avenue, said intersection being the
point of beginning of the centerline to be described;thence South 89 degrees 42 minutes 57
seconds West, along said centerline a distance of 490.64 feet;thence continuing along said
centerline a distance of 90.67 feet along a tangential curve concave to the south, having a
radius of 521.00 feet,and a central angle of 09 degrees 58 minutes 16 seconds;thence
continuing along said centerline, South 79 degrees 44 minutes 41 seconds West,tangent to
said curve, a distance of 754.89 feet to the intersection with the west line of said Southeast
Quarter of the Southeast Quarter of Section 4, and said centerline there terminating.
Subject to the existing easement of 221st Avenue as described in Sherburne County
Recorder Document Number 317893.
PIDs: 75-104-1101 Capitol Land Group LLC, (Tiller Corporation)AND part of 75-104-1102 Waste
Management(Elk River Landfill)
That part of the Northeast Quarter of the Southeast Quarter of Section 4,Township 33,
Range 26, lying east of the Great Northern Railroad,except the Northerly 525 feet
PID 75-110-2101
The North Half of the Northwest Quarter and the North Half of the South Half of the
Northwest Quarter lying West of Trunk Highway 169 and lying South of the North 1121.92
feet and lying East of the West 1017.60 feet, Section 10,Township 33 North, Range 26 West,
Sherburne County, Minnesota.
PID 75-110-2202
That part of the Northwest Quarter of Section 10,Township33, Range 26,Sherburne County,
Minnesota, described as follows:
Commencing at the Northwest corner of said northwest Quarter,thence S 89 degrees 58
minutes 24 seconds E, assumed bearing along North line of said Northwest Quarter a
distance of 965.80 feet to the point of beginning of the land to be described; thence S 00
degrees 01 minutes 36 seconds West a distance of 1121.92 feet to the South line of the
North 1121.92 feet of said Northwest Quarter; thence N 89 degrees 58 minutes 24 seconds
West along said South line,a distance of 206.17 feet;thence N 00 degrees 01 minutes 36
seconds E a distance of 1121.92 feet to North line of said Northwest Quarter; thence South
89 degrees 58 minutes 24 seconds East along the North line a distance of 206.17 feet to the
point of beginning.
PID 75-110-2200
The North 1121.92 Feet of the Northwest Quarter of the West 965.8 feet lying west of U.S.
Highway No. 169 of 10,Township 33, Range 26,Sherburne County, Minnesota.
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1. TOPOGRAPHIC INFORMATION FROM 2011 ...
LiDAR DATA AVAILABLE FROM THE STATE ,
OF MINNESOTA
N SHEET NO.
1 HEREBY CERTIFY THAT THIS PLAN, a?9”, ,
SPECIFICATION,OR REPORT WAS PREPARED 3� ,-- -'n
EXISTING CONDITIONS PROFESSIONAL ENGINEEREUNSPR T ESLAWS ,,
OF THE BTA OF MINNESOTA.
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DATE:11/25/13 REG.NG.: 21802
• — — I 2013 Permit Amendment
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1. TOPOGRAPHIC INFORMATION FROM 2011 ', .. ; : .. ,. ,..
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' LiDAR DATA AVAILABLE FROM THE STATE . -=.• .•.-: .. .
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OF MINNESOTA.
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Ar
SHEET NO.
I HEREBY CERTIFY THAT THIS PLAN, ..................................................................„ .:::.„,,,,,,,
i C2 EXCAVATION PLAN
Tiller Corporation
AND THAT I AM A DULY LICENSED
OF THE MINNESOTA. THE LA
KI TEN PAULY
DATE:11/25/13 REG.NO, 21842 '•:'.
VW
CONSULTING CIVIL ENGINEERS
150 0 150 300
. 2013 Permit Amendment
n .
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1. TOPOGRAPHIC INFORMATION FROM 2011 LiDAR ■,o,,d1_.5"s 960 \
DATA AVAILABLE FROM THE STATE OF I
MINNESOTA. j m
•8�
,
2. RECLAMATION OF THE SITE WILL BE �.. / i
PERFORMED IN GENERAL CONFORMANCE TO _ X965'
THIS PLAN.
3. EXCAVATIONS WILL BE BACKFILLED AS , li ..........
NEEDED TO CREATE FINISHED SLOPES THAT X964\
WILL NOT EXCEED 4:1. _g 68 _
4. THE FUTURE ALIGNMENT AND ASSOCIATED o o!o --965 ,
RECLAMATION GRADES ALONG 221ST STREET o o'
ARE CONCEPTUAL AND SUBJECT TO FINAL
DESIGN. 9Z0 �966---. \-\ Ili
98 `\967
5. A MINIMUM OF 3" OF TOPSOIL WILL BE 990
PLACED OVER SLOPES. THE SLOPES WILL 1000. 1 ' me L'+
BE SEEDED AND MULCHED TO ESTABLISH 1010 �'968� f
VEGETATION. VEGETATION WILL BE --1020
PERIDICALLY INSPECTED TO ENSURE THAT IT 1030—, � �
HAS BECOME SELF–SUSTAINING.
1
N SHEET NO.
I HEREBY CERTIFY THAT THIS PLAN,
RECLAMATION PLAN SPECIFICATION,OR REPORT WAS PREPARED
BY ME OR UNDER MV DIRECT SUPERVISION �.-•
AND THAT IAMADULY ERNSED y 2 T
PROFESSIONAL ENGINEER UNDER THE LAWS
OF THE STAT F MINNESOTA.
�C�
C 3 Tiller Corporation R STEN PAULV
1401
150 0 150 300 M CONSULTING CIVIL ENGINEERS
DATE 71125113 REG.NO 21842
• M — 2013 Permit Amendment