6.8. SR 05-15-2000MEMORANDUM ITI~ 6 . 8.
'ity of
TO:
MAYOR & CITY COUNCIL
iver
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE:
MAY 15, 2000 '5'/7`,
SUBJECT:
CONDITIONAL USE PERMIT TO
ALLOW MINERAL EXCAVATION BY
RYAN CONTRACTING CO.
CASE # CU 00-9
REQUEST
Ryan Contracting Co., on behalf of the property owner Matt Fisher of Fisher Sand &
Aggregate, is requesting a conditional use permit to mine nonmetallic material from the
subject site. This request meets the city definition for mineral excavation and is,
therefore, regulated under the city's Mineral Excavation Ordinance and the conditional
use permit process is required. A zone change to the Mineral Excavation Overlay
District and a yearly Mineral Excavation License are not required under an exception to
the Mineral Excavation Ordinance (Section 720.04) because the excavation is proposed
to be completed within two years.
The petitioner is proposing to remove approximately 150,000 cubic yards of fill material
from the site. An additional 18,000 cubic yards of over burden will need to be moved on
site to accomplish this. The area disturbed by the operation is estimated to be
approximately 12.5 acres.
ATTACHMENTS
· Vicinity map of the subject property
· Legal description of the subject property
· A letter from Tyler Enright of Ryan Contracting Co.
· Site plan of the proposed operation
REVIEW
EAW - Minnesota Rules 1995, 4410.4300 - A mandatory Environmental Assessment
Worksheet (EAW) is not required for this request. A discretionary EAW (MN Rule
4410.4500) can be ordered by the Regulating Governmental Unit (RGU), if they
determine the nature or location of the proposed project may have the potential for
significant environmental effects. The Elk River City Council is the RGU for this
project. This project is located outside of the area that was included in the city's
Environmental Impact Statement on Mineral Excavation.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Biological Survey - A review of the DNR Minnesota Biological Survey did not indicate
any Natural Communities or Rare Species on the subject property.
Archaeological or Historic Resources - When the city did the EAW for the Tyler Street
Extension, the State Historic Preservation Office (SHPO) indicated that they believe there
is a good probability that unreported archaeological properties may be present within the
urban service area associated with this road corridor, especially on sites that have not
been previously disturbed. The site involved in this request is within the area of concern
and has not been previously disturbed. Staff contacted SHPO regarding the need for
conducting an archaeological survey on this site. SHPO is not recommending a survey.
Farmland - No prime farmland, farmland of statewide significance, or farmland of local
importance has been identified on the site in question.
Wetlands - The US Fish and Wildlife "Wetland Inventory Map" indicates that a wetland
exists on this site. The wetland has been identified on the attached plans. The proposed
excavation does not infringe on this wetland and the plans include adequate erosion
control to protect it. If additional erosion control is needed, staff will have the authority
to require it.
Power Line Easement - The plan as submitted shows mining activities encroaching into
the easement for a main electrical transmission line. The Mineral Excavation Ordinance
requires a five feet setback from such an easement. However, the city has made
exceptions to this in the past with restrictions as set by the owner of the power line. This
particular power line is owned by the City of Hutchinson. Staff recommends that the
petitioner acquire permission in writing from the Hutchinson Utilities. The attached
plans reflect Hutchinson's requirements.
Setbacks -The minimum setback from a mining operation and adjacent properties is 50
feet. The attached plans reflect this minimum setback, which staff believes to be
adequate in this particular situation.
Haul Route - It has been indicated to staff that the material excavated will be used as
general fill for projects adjacent to the excavation site. Staff is recommending that Tyler
Street not be used as the haul route from this mine, but that the petitioner is allowed to
cross Tyler Street, if need be, to gain access to the projects where the material will be
used. Staff further recommends that on-road trucks be required to cross Tyler Street once
curb for that road has been installed. Lastly, due to safety concerns regarding gravel
trucks crossing a collector street at an uncontrolled location, staff recommends that
hauling material from the site cease altogether, once Tyler Street is operational and open
to the public, unless an alternative haul route is approved by the City Engineer.
Slopes - Slopes during operations, other than the working face, shall be no steeper than 1
foot horizontal to 1 foot vertical, except that adjacent to roadways, other rights-of-way,
and water bodies slopes shall be a maximum of 4 feet horizontal to 1 foot vertical.
Slopes steeper than 1½ feet horizontal to 1 foot vertical and other areas that pose a danger
to the public shall be controlled by a four foot tall fence.
Reclamation - The plan provided indicates that the rehabilitation of this site will be its
development into single-family houses. The property is currently zoned correctly for this
end use. However, the city's acceptance of this rough plan does not constitute an
approval of the proposed single-family layout, which will be looked at during the platting
process in much more detail. This final end use of this property might not happen for
quite some time in the future.
The interim reclamation of the site is the restoration of the topsoil, seeding and mulching.
Since the type of seed is not indicated in the plans, it is recommended that staff approve
the seed mixture when one is proposed. The vegetation on the site shall also be cared for
(watered, etc.) until it is self-sufficient. All slopes after reclamation shall be a maximum
of 4 feet horizontal to 1 foot vertical.
Staff recommends that the site be fully restored, including but not limited to final grade,
erosion control, seed and mulch by November 15, 2000.
Letter of Credit - Staff is recommending that the petitioner provide a $25,000 letter of
credit in favor of the city to cover potential costs for the repair of public roads and the
rehabilitation of the site, in the event the petitioner fails to do so. Once city staff has
approved the restoration, the letter of credit may be released.
Hours of Operation - Staff recommends that this operation be conducted during the
normal hours of operation for a project of this nature, 7:00 a.m. to 7:00 p.m. Monday
through Saturday.
Dust and Erosion Control - Silt fence shall be installed as shown on the plans provided,
around wetlands on the site, and elsewhere as determined necessary by staff. As needed,
water, not chemicals, shall be used to control dust from the operation. Staff recommends
that the city reserve the right to require additional measures to control dust and erosion on
the sight as needed.
Oak Wilt - The area surrounding the proposed excavation is forested with oaks. Staff
recommends that no trees on the site be cut between April 15 to July 15 to avoid the
spread of oak wilt, unless a specific plan for the removal of trees is approved by Tim
Edgerton, Sherburne County Forester. Further, trees that are to remain on the sight after
excavation activities are concluded shall be clearly mark and protected from mechanical
damage due to the operation, included their root systems.
Gravel Tax - It is staff's interpretation that this operation is subject to gravel tax. Staff
recommends that the petitioner be required to set up an accounting system with the
Sherburne County Auditor Office for the payment of this tax.
RECOMMENDATION
Although the site in question is not a location where staff would normally recommend
approval of a mineral excavation permit, within the urban service, staff is recommending
approval of the revised plans for mineral excavation for Ryan Contracting Co. Staff
believes there truly is an excess of soil on the site to accomplish a grading plan for a
future residential plat. Also, there is a need for this material on adjacent sites that do not
necessitate using busy public streets in the core of the city for access. This permit is
meant to be a onetime excavation during a short time period, not an ongoing operation.
The Planning Commission is recommending approval of the request for mineral
excavation by Ryan Contracting Co. under the following stipulations:
Duration of Operation
That the operation is allowed to continue until Tyler Street is finished and open to the
public, probably sometime in September 2000, but in no case longer than November 15,
2000.
Hours of operation
Normal hours of operation shall be adhered to, 7:00 a.m. to 7:00 p.m., Monday through
Saturday.
Haul Route
That vehicles from the site are allowed to cross Tyler Street, but do not use this street or
any other public road for access, unless specifically approved by the City Engineer.
Further, the crossing of Tyler Street shall be with on-road vehicles only, once the curb for
that road has been constructed and shall cease altogether once Tyler is open to the public.
The particulars of this stipulation and possible alternative haul route shall be coordinated
between the City Engineer and Ryan Contracting.
Oak wilt
No trees shall be cut on the site from April 15 to July 15, except for isolated trees or trees
cut in compliance with a plan approved by the Sherburne County Forester. Additionally,
trees that are to remain on the site, including their root systems, shall be protected from
mechanical damage at all times during the operation.
Erosion and Dust Control
Erosion control shall be installed as shown on the revised plans and maintain at all times
during the operation. Because of the proximity of the wetland on the site to the
excavation, water, not chemicals shall be used to control dust. The city reserves the right
to require additional measure be used to control erosion and dust as needed.
Work within Power Line Easement
That Ryan Contracting provide the city written confirmation of the City of Hutchinson's
acceptance of the work being done in their easement.
Slopes
Slopes steeper than 1½ feet horizontal to 1 foot vertical shall be protected by a four foot
high fence. Slopes after reclamation shall be a maximum of 4 foot horizontal to 1 foot
vertical, except where lesser slopes are required by the City of Hutchinson for the power
line.
Gravel Tax
Ryan Contracting shall coordinate with the Sherburne County Auditor's Office regarding
the need to pay gravel tax for this operation.
Reclamation and Letter of Credit
Reclamation of the site and Tyler Street, if damaged, shall be covered by a $25,000 letter
of credit in favor of the City of Elk River. The letter of credit shall be provided to the
city prior to work commencing on the site. Restoration shall include a minimum of
finished grades, seed (specific mix approved by city staff), and mulch completed by
November 15, 2000. The seeding shall be maintained by Ryan Contracting until it is self
sufficient.
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176'n.i
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Site
PARK
II
City of
River
I13065 Orono Parkway- P.O. Box 490 CASE:
Elk River, MN 55330
LOCATION
MAP
CU 00-9
N
Oomrnonwealth
l~il~ No, 43789C
Schedule ~-4-A
.Th~Southwest Quarter of the Northwest Quarter (SW',~ qf NWXA) of Section Two (2), Township
'rlu!ty-two (32), Range Twenty-six (26), Sherbume County, Minnesota.
lau~is~ue No. '-
The Southeast Quarter of the Northwest Quarr~ of Secti~r2, Township 32 North, Range 26 West,
Sherburne County, Minnesota, EXCEPT that part thereoi~llescribeti a~ follows:
Commen.cmg .at the Northeast comer of said Southeast ~uarter of the Northwest Quarter; thence on an
a~sumed oeanng of South 1 degree 17 minutes 13 seconlls West, along thc East line thereof, a distance
of 430.84 feet to the actual point of beginning of thc la~ tb be described; thence North 88 degrees 42
minu~ 47 seconds West a distance of 272.86 feet; ther~ Southwesterly a distance of 67.79 feet along
.. nontangential curve concave to the Northwest havin~ a radius of 330.00 feet, a central angle of 11
degrees 46 minutes 12 seconds and the chord of said curve bears South 58 degrees 17 minutes 28
seconds West; thence Southwesterly and Southerly a distance of 406.12 feet along a reverse curve
concave to the Sottth,~:a~t having a radius of 370.00/eet, a central angle of 62 degrees 53 minutes 21
seconds and the chord of~ said curve bears South'32 degrees 43 minutes 53 seconds West; thence South
degree 17 minutes 13 seconds West, tangent to said curve, a distance of 152.65 feet; thence Southerly,
Southea.~terly and Easterly a distance of~269.78 feet along a tangential curve concave to the Northeast
having a radius of 170.'00 feet and a central angle of 90 degrees 55 minutes 36 seconds; thence South 89
degrees 38 minutes 23 seconds East, tangent to said curve, a distance of 111.57 feet; thence l=~eterly and
Southeasterly a distance of 69.74 feet along a tangential curve concave to the Southwest having a. radius
of 105.00 feet and a central angle of 38 degrees 03 minutes I5 seconds; thence North 38 degrees 24
minutes 52 seconds Fast, not tangent to said curve, a distance of 218.84 feet; thence South 89 degrees 38
minutes 23 seconds East a distance of 49.54 feet to the Easr line of said Southeast Quarter of the
Northwest Quarter; thence North 1 degree 17 minul~s I3 seconds l:,~t, along said East line, a distance of
533.02 feet to the point of beginning.
CONTRACTING CO.
DEVELOPING YOUR WORLO
Michele McPherson. Director of Planmng
City of Elk River
13065 Orono Parkway
Elk River, MN. 55330
Conditional Use Permit
Van Den Berg Property
Elk River, MN
Dear Mrs. McPherson.
As requested, please find enclosed revised plans detailing the work to be performed.
In addition, the purpose of the proposed use is to utilize the excess material on this site to construct
adjacent building and roadway projects. The use will be very simple. The topsoil xvill be stripped and
stockpiled, the excess material ~vill then be excavated during normal business hours and hauled to the
adjacent properties. The topsoil will then be respread and seeded upon completion. We anticipate the
schedule of our project ~vill be completed by fall of 2001.
Additional information for your review;
1) There will be no material processing onsite
2) The average depth of topsoil is 8".
3) The average depth of overburden is 2'.
4) The water table is at a static elevation of 884.
Please review the following information and feel free to contact me anytime should you have any questions
and or concerns.
Resp~tl~ly ,subn)itte ck
RY~fit°n~ct~ Cj
870D 13th Avenue East Shakopee. Minnesota 55379 612-8q4-3200 Fax: 612-894-3207