4.5 PCSR 01-14-2014 Elk Request for Action
River
To Item Number
Planning Commission 4.5
Agenda Section Meeting Date Prepared by
Planning Items January 14,2014 Chris Leeseberg, Park Planner-Planner
Item Description Reviewed by
Request by C.S. McCrossan for Conditional Use Jeremy Barnhart, Deputy Director, CODD
Permit for Mineral Excavation Reviewed by
Case No. CU 14-02 -Public Hearing
Action Requested
Recommend, by motion,approval of the Conditional Use Permit (CUP) 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. 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.
4. Setbacks of 50 feet from north property lines, and 20 feet from east,west, and south
property lines shall be maintained. No mining activity shall be permitted within the
setback area without staff approval to avoid windrows.
5. 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.
6. The applicant shall work with the City Engineer to locate the berming along 221s`Avenue.
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. 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.
9. 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.
10. 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.
11. 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.
12. The site shall be mowed or maintained to control noxious weeds and other vegetation.
13. 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
P O M E R E O BY
NATURE
wetland will be changed resulting in a change in the related biological conditions. These
potential impacts to the wetland must be addressed in accordance with the Minnesota
Wetland Conservation Act (WCA).
14. Hours of operation shall be allowed to be seven (7) days a week, 24 hours a day.
Background/Discussion
The applicant is seeking a Conditional Use Permit (CUP) for Mineral Excavation on a 45± acre parcel
south of 221"Avenue and southwest of the existing Tiller Corporation mining operation. The purpose
of the extraction is to remove an existing deposit of sand and gravel and process it into construction
aggregate and to process recyclable concrete and asphalt for use in the construction industry.
Proposed activities will include clearing and grubbing, stripping of topsoil, extraction,processing and
stockpiling of aggregate, and stockpiling and processing of recyclable concrete and asphalt. Crushing and
screening will occur on site; the location of these operations will vary due to the evolving active face.
The subject property is located within the Mineral Extraction Overlay District. The zoning of the
property is R1a Single Family Residential. Environmental review in the form of the EIS was completed
in 1994.
It is estimated that 20-25 years will be required to complete the extraction and rehabilitation of the site
but this estimated time frame is dependent upon market demand.
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.
An access point will be established on the western portion of the property off of 221st Avenue and will be
paved approximately 100'into the site.
Average traffic generated from the site is anticipated to range from 50-100 truck loads a day (100-200
truck round trips).
Dust control will include watering internal haul roads,blacktopping the site entrance,utilizing conveyors
as practical to minimize truck traffic on internal haul roads, and the establishment of perimeter berms.
Internal haul roads will be watered as needed.
The City Engineer requested that the berm in the northeast corner of the property be adjusted further
south for better sightlines on 221st Avenue.
Hours of Operation
The proposed hours of operation are 24 hours a day, seven days a week, to accommodate the growing
need to supply materials for overnight construction activity designed to minimize impacts to the travelling
public. The site will 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.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-02 CS McCrossan\CU 14-02 sr McCrossan 1-14-14.docx
Setbacks
The applicant's narrative discusses setbacks. The setbacks as they apply to this project are 50 feet along
221St, 25 and 20 along the west side, and 20 along the east and the south side. Because mining is
occurring on properties to the east, south, and west,it is suggested that mining permitted within the
setback areas to avoid a windrow situation along the property lines.
Sunde Engineering
More detailed information on the proposal can be found in the applicant's narrative as submitted by
Sunde Engineering.
Financial Impact
None
Attachments
• Location Map
• Staff Berm Sketch
• Applicants Narrative (Sunde Engineering)
N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-02 CS McCrossan\CU 14-02 sr McCrossan 1-14-14.docx
November 2013
C.S. McCrossan Inc.
Conditional Use Permit Application
Mineral Excavation
Elk River, MN
C.S. McCrossan, Inc.
Conditional Use Permit Application
Mineral Excavation
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
C.S. McCrossan, Inc.
Conditional Use Permit Application
Mineral Excavation
ELK RIVER, MINNESOTA
I. INTRODUCTION
C.S. McCrossan (McCrossan) is seeking a Conditional Use Permit (CUP) for Mineral
Excavation on a parcel of land located in the northern portion of Elk River (Site). The Site
encompasses 45 acres more or less and is located just south of 2215t Avenue NW and south
and west of the existing Tiller Corporation mining operation (Tiller Site). Figure 1, General
Location Map, illustrates the location of the proposed site. Proposed activities will include
clearing and grubbing, stripping, extraction, processing and stockpiling of aggregate, and
stockpiling and processing of recyclable concrete and asphalt.
II. SITE INFORMATION
1. Legal Description
See Appendix 1,Legal Description
2. Name and Address of Operator and Land Owner:
C.S. McCrossan, Inc.
7865 Jefferson Hwy
Box 1240
Maple Grove, MN 55369
Contact: Erik Beggs: (763)425-4167
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 and to process recyclable concrete and asphalt for
use in the construction industry. 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 20-25 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.
Page I 1
6. Transportation Routes:
The primary transportation routes from the mining operations to market are east on 221st
Avenue to US Highway 169 with the majority of truck traffic then traveling south on US
Highway 169 and the remainder going north. 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 may travel west on 221St Avenue to serve local markets.
An access point will be established on the western portion of the property off of 221St
Avenue. The access point will be paved approximately 100' into the Site from 221St Avenue.
McCrossan may initially use Tiller's southern access off of 221St Avenue until a large enough
area has been opened up and mined on the Site to allow the construction of their access.
Average traffic generated from the site range is anticipated to range from 50-100 truck
loads a day(100-200 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
south of 221St Avenue and just west of US Highway 169. The Tiller Site is situated
immediately east of the Site and the Midwest Asphalt's mining operation is located
immediately west of the Site. The site is approximately 3 miles north of the developed
area of Elk River. The site is located within the Mineral Extraction Overlay District with
an underlying R1a Single Family Residential zoning designation as illustrated on Figure 2,
Zoning Excerpt.
b. Site analysis:
The Site is predominantly wooded with irregular topography. It is bounded by mining
operations to the east and west. The elevation of the site varies from approximately
996-1072 feet above mean sea level (msl). Mining will occur to an elevation ranging
from 949-956 feet above msl. Site terrain is irregular with little topsoil or overburden.
Typical slopes ranging from 20-30%. Sheet C1, Existing Conditions, illustrates the
current topography of the Site.
Mining is proposed to occur to elevations ranging from approximately 946 to 961 feet
above msl. Mine faces will be excavated to slopes of approximately 1.5:1 (H:V).
There are no wells located on the Site. Based on information on the National Wetland
Inventory (NWI) Map, there are no wetlands located on the site, and there is one
wetland basin located approximately 1,000 feet northwest of the Site. 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, NWI Excerpt, illustrates the location of nearby
wetlands.
Page I2
The site lies 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 4.5 million cy of marketable material is available on site to be mined.
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 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:
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 include clearing and grubbing, stripping of topsoil, establishment of perimeter
berms for screening along 221st Avenue, construction of the site access, excavation,
processing, including crushing and screening, stockpiling, loading, and reclamation. All
topsoil and overburden will remain on Site to be used during reclamation.
Crushing and screening take place throughout the mining operation. Portable crushing and
screening equipment will be utilized. The placement of the portable equipment depends
upon the location of the active face and will vary throughout the life of the operation.
Conveyors may be used throughout the Site to convey material from the active face to the
processing equipment.
A well will be installed to supply water for dust control.
No explosives will be used at the site.
Sheet C2, Excavation Plan, illustrates the proposed excavation grades and anticipated
phasing of operations.
Page 13
8a. Groundwater Protection Plan:
McCrossan is proposing to extend the depth of excavation 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
additional water table elevation data points. Figure 6, Groundwater Table Conditions,
illustrates well locations and the elevation of the surface of the water table across the site.
Equipment Maintenance: Limited equipment maintenance is performed on-site and follows
company spill prevention policies.
Storage Tanks: It is anticipated that a fuel service will be used to fuel on-site equipment. In
the event that fuel storage does occur on site, fuel or used oil storage tanks over 1,100
gallons (or 500 gallons if within 500 feet of surface water) located on site will be above
ground tanks, and will be double walled or have secondary containment designed in
accordance with MN Rules Chapters 7001 and 7151. Tanks will be registered with the
Minnesota Pollution Control Agency (MPCA). They will be labeled, equipped with corrosion
and overfill protection, and visually monitored for leaks and inspected on a weekly basis. At
least one person will be present during unloading and loading of a tank.
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.
Spill Prevention Control and Counter Measures Plan (SPCC Plan): An SPCC Plan will be
prepared for the site. This plan documents procedures to be followed in the event of a spill
or release at the site. Any spill of oil, gasoline, diesel fuel, lubricant, or asphaltic cement is
to be reported to the Site Manager and cleaned up promptly. Any spills of 5 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 will available on-site during periods
of active mining 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 will require an MPCA NPDES permit. A Stormwater Pollution Prevention Plan will be
required as part of the NPDES permit. Surface water drainage from active mining areas will
be directed to low areas within the excavation. Collected surface water will infiltrates into
Page I 4
the underlying soils and/or evaporate. Surface water drainage from exposed soils, or
stockpile areas will not be discharged off site.
Erosion of finished slopes will be minimized by backfilling to a minimum slope of 4:1 and
seeding and mulching. Screening berms will be constructed to a minimum of 3:1 slopes and
seeded and mulched.
Dust control will include watering internal haul roads, blacktopping the site entrance,
utilizing conveyors as practical to minimize truck traffic on internal haul roads and
establishment of perimeter berms to help limit dust movement from the Site.
A locking gate will be installed at the Site entrance to provide security and access control.
The site is not fenced.
10. Rehabilitation Plan
Reclamation activities at the site 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.
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 have been constructed at the intersection of 221st 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:
Figure 3, National Wetland Inventory Map Excerpt, indicates that there are no other
wetlands on located on the Site.
Page 15
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
eastern and western Site boundaries. Setbacks from 2215`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:
Fencing is not anticipated at the Site at this time.
4. Appearance and Screening:
All equipment is kept operational. Abandoned equipment and rubbish will be removed
regularly 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 (Horizontal to Vertical.)
c. Cover and Planting:
Page 16
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:
Mining operations will utilize a new Site access located on the western portion of the
property off of 221St Avenue. The Site access will be paved for the first 100 feet into the Site
off of 221St Avenue. No private easements are necessary to access public right of way.
7. Operating Standards:
a. Noise:
All mining and processing operations will be conducted in compliance with State Noise
Standards established by the Minnesota Pollution Control Agency.
b. Hours of Operation:
Requested hours of operation are 24 hours/day basis Monday through Sunday to
accommodate the growing need to supply materials for overnight construction activity
designed to minimize impacts to the travelling public. The Site will 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 a paved site access, recessed operations, perimeter berms
and the use of conveyors. Internal haul roads are watered as needed.
Page 17
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. A National Pollution Discharge Elimination Permit (NPDES) will be obtained for
the site. Fuel if stored on-site, will be stored in above ground tanks with secondary
containment provided in accordance with MPCA regulations.
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 18
Appendix 1
Legal Description
PID 75-110-2102
That part of the Northwest Quarter of Section 10,Township 33, Range 26, Sherburne County,
Minnesota, described as follows:
The W 1017.60 feet of following described parcel:The N 1/2 of NW 1/4 and the N 1/2 of
the S 1/2 of the NW 1/4 W of Highway 169, excepting therefrom:the N 1121.92 feet E
of the W 965.8 feet thereof.Also Excepting therefrom the following described parcel:
that part of the NE 1/4 Described as follows: Beginning at the NW corner of said NW
1/4;thence S 89 degrees 58 min 24 sec E, assumed bearing along N line of said NW 1/4 a
distance of 965.80 feet to the point of beginning of the land to be described;thence S
00 degrees 01 min 36 sec W a distance of 1121.92 feet to the S line of N 1121.92 feet of
said NW 1/7;thence N 89 degrees 58 min 24 sec W along said S line a distance of 206.17
feet;thence N 00 degrees 01 min 36 sec E a distance of 1121.92 feet to N line of said
NW 1/4;thence S 89 degrees 58 min 24 sec E along said N line a distance of 206.17 feet
to the point of beginning. Subject to easement of record.
AND
PID 75-103-3300
That part of the Southwest Quarter of Section 3,Township 33, Range 26, Sherburne County,
Minnesota, described as follows:
Beginning at the Southwest corner of said Southwest Quarter;thence South 89 degrees 58
minutes 24 seconds East,assumed bearing along south line of said Southwest Quarter, a
distance of 759.63 feet;thence North 00 degrees 01 minutes 36 seconds East a distance of
263.05 feet to the centerline of 66.00 foot street, utility and drainage as described in
document number 317893;thence northwesterly along said centerline and a non-tangential
a distance of 306.10 feet, having a central angle of 33 degrees 39 minutes 45 seconds, a
radius of 521.00 feet, and a chord bearing of North 73 degrees 27 minutes 10 seconds West;
thence North 89 degrees 42 minutes 57 seconds East,along said centerline and tangent to
last curve, a distance of 473.80 feet to the West line of the Southwest Quarter of Section 3;
thence North 00 degrees 32 minutes 21 seconds West, along said West line a distance of
346.29 feet to the point of beginning.
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Figure 1
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SCALE November 2013 Permit Application CONSULTING CIVIL ENGINEERS