5.3. SR 09-07-2004Item ~ 5.3.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Stephen Rohlf, Building and Environmental Administrator
September 7, 2004
Conditional Use Permit for Mineral Excavation by J & B
Mining/ CU 04-21
Request: J & B Mining is requesting to mine 39.42 acres of a 60.23 acres site. This
operation includes periodic crushing of gravel, but not washing. Approximately 1,190,000
cubic yards of material are proposed to be mined, about 1/3 of which will be peat. J & B is
proposing to excavate 40 feet below the ground water elevation using a dragline.
The site was not included in the City of Elk River's 1994 Environmental Impact Statement
(ELS) on Mineral Excavation, but a discretionary Environmental Assessment Worksheet
0EAW) has been completed. A zone change to the Mineral Excavation Overlay Zoning
District is also required, if mining is to be approved. The EAW and a zone change for this
request are both agenda items for this meeting.
A request for mineral excavation by Schuer, Inc. is also on the Council's agenda for this
meeting. Although the two requests are separate, the restoration (final contours) of the sites
and wetland mitigation do tie together. Further, gravel from the J & B Mining site will be
hauled through the Schuer site to Elk River Bituminous. The operation is proposed to be
active for approximately 10 years.
Attachments:
Included with this memo is:
a vicinity map;
Application for Rezoning to Mineral Excavation Overlay Zoning District and
Conditional Use Permit for Mineral and Peat Excavation by J & B Mining dated May
2004;
A letter dated, August 10, 2004 from the city's Environmental Consultant, Matt
Ledvina, regarding Groundwater Monitoring Plan, the proposed Environmental Spill
Plan and Storm Water Pollution Prevention Plan (SWPPP);
a contour map showing the existing condition of the site and a wetland mitigation
and impact map showing the proposed restoration of the site; and
a proposed Conditional Use Permit (CUP).
Issues:
Traffic - The gravel mined from the site is proposed to be delivered to the Elk
River Bituminous site via easements across private property owned by Schuer, Inc
and Aggregate Industries. Peat will be hauled via easements to an existing access
point for a Bauerly Bros. mining operation to 225th Avenue and then west to
Highway 169. The majority of the peat will be used as topsoil at the Elk River
Landfill. Section 10 of the attached CUP has additional stipulations on traffic.
Groundwater - Mining into the groundwater raises additional concerns. Matt
Ledvina, City Environmental Consultant, addresses these concerns in his attached
letter.
Environmental Spill Plan
The petitioner's Environmental Spill Plan xvill be revised to address Mr. Ledvina's
issues, e.g. identifying refueling locations.
Ground Water Monitoring Plan
The Ground Water Monitoring Plan will be revised to include monitoring for pH,
temperature and conductivity as well as Diesel Range Organics. Staff does disagree
with Mr. Ledvina regarding monitoring all three wells at the site, however. Staff
recommends that only the down gradient well located in the northeast comer on the
site be monitored (MW1). Incidents of contamination will be known. Section 17 of
the attached CUP has a condition that allows additional wells and additional testing
events, if needed.
National Pollutant Discharge Elimination System (NPDES)
The petitioner has applied to Minnesota Pollution Control Agency for a NPDES
permit for the operation. Mr. Ledvina's comments regarding rip rap and a vegetative
buffer at the outlet of the ditch on the property will be included as part of the Storm
Water Pollution Prevention Plan (SWPPP) required by the city in Section 17 of the
attached CUP.
Wetlands - The City Council is the Local Unit of Government charged with the
final decision regarding the Wetland Conservation Act 0vVCA). The WCA is a
separate agenda item for this meeting.
The Technical Evaluation Panel, has reviewed wetland issues for compliance with
the WCA and is recommending approval of both the wetland impacts and wetland
mitigation for the operation. The TEP's recommendation for approval included
purchasing excess wetland credit from the Schuer site. Section 9d of the attached
CUP requires monitoring of the wetland mitigation, which is to be secured by a letter
of credit. A dollar figure to cover the restoration has yet to be determined.
The proposed wedand restoration plan is based on the premise that the groundwater
level incurred is not a perch water table. If information to the contrary is discovered,
the Operation shall cease until new mining and restoration plans are submitted and
approved by the City.
Setbacks - Normal mining setbacks (50 feet from property line) are proposed on
the east and south sides of the operation. To the west, the operation ties into the
Schuer mine and no setback is proposed. On the north, mining is proposed to the
property line with this area being restored to 4 to 1 slopes. The J & B mining
property is bordered on the north by Ernie Toth's property, which is currently being
mined by Bauerly Bros. Staff is recommending approval of no setback in this
location.
Recommendation: the Planning Commission is recommending approval of this request
under the conditions contained in the attached conditional use permit. Representatives of J
& B Mining are in agreement with those conditions.
Case Number.
Location Map
ZC 04-08 & CU 04-21
J&B MINING
N
MEMO
TO:
Steve Rohlf
COMPANY:
City of Elk River
FROM:
Matthew Ledvina, P.E.
DATE:
August 10, 2004
RE:
J&B Mining - Groundwater Monitoring Plan, Storm Water Pollution Prevention Plan and
Environmental Spill Plan Review
NOTES/COMMENTS:
As requested, I have reviewed the above referenced documents for the J&B Mining Gravel Mine.
The following comments are provided in support of Conditional. Use Permit (CUP) development for
the Site.
Groundwater Monitorin.q Plan Groundwater elevations were measured in June and July 2004. The
relatively large size (40+ acres) of the area to be mined warrants a more detailed assessment of the
near surface deposits and determination of the groundwater flow direction. Hydrogeologic cross-
sections should be developed to propose a conceptual groundwater flow model and the definition of
groundwater flow pathways. The consistency of the groundwater level data should be assessed.
The groundwater flow interpretation for the site should be assessed in relation to the regional
hydrogeology.
In the conclusion section of the Plan, it is stated: "The groundwater elevation data from MW-l, MW-2,
MW-3 and the wells on the adjacent Schmidt Gravel property are similar. The Groundwater
Monitoring Plan for the Schmidt Gravel Property identifies a southeast groundwater flow while the
J&B Mining Plan identifies an east-northeast groundwater flow. These interpretations are somewhat
in conflict and the conclusions should represent joint analysis of all groundwater level data for the two
sites.
The groundwater elevations reported for the monitoring wells are roughly 943 to 945 feet. The
elevation of the drainage ditch bottom is 940 (or lower) near the east property line. This implies that
the ditch is likely a local groundwater discharge point and groundwater flow at the site may not be in
a uniform direction. The relationship between surface water ditch and groundwater at the site must
· O O
MINNEAPOLIS HOUSTON DENVER
1000 lEtS Center Suite 200 Tower One, Suite .580
80 South Eighth Street 520 Post Oak Boulevard 151.5 Arapahoe Street
Minneapolis, MN .5.5402 Houston, TX 77027 Denver, CC) 80202
612.347.6789 832.203.1492 720.9,56..5300
O O
PROVIDENCE ANCHORAGE
Suite 2020 Key Bank Plaza, Suite
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Providence, RI 02903 Anchorage, AK 99501
401.278.4300 907.777.5300
J&B Mining
Page 2
be evaluated to develop an effective monitoring system. It is understood that the majority of the
ditch will be excavated, however, the monitoring program should be developed to coincide with the
excavation phasing plan to ensure that potential groundwater (surface water) impacts that could
occur during site development are adequately evaluated.
It is suggested that a higher degree of confidence in the groundwater flow analysis be supported by
the installation of additional piezometers located along the downgradient east side of the property.
Considering the direct connection between groundwater and surface water, the monitoring plan
should include collection of surface water samples within the ditch at the location of the east property
boundary.
The monitoring schedule should identify that at least three monitoring wells on the property be initially
monitored for the listed parameters for two sampling events within a four week period to provide
baseline of data for ongoing monitoring at the site. The annual groundwater sampling should include
the sampling of two downgradient wells and one upgradient well at a minimum. This will enable
comparisons of water quality between upgradient and downgradient points at the site to assess the
significance of water quality data.
Field parameters of pH, temperature and conductivity should be reported and interpreted with the
analytic monitoring results for groundwater sampling.
Contingencies related to assessment of surface water quality should be included in the Plan due to
the location of the surface water ditch through the property. Contingency (in the event of an
environmental release) sampling in the ditch would occur near the east property boundary where
surface water flows from the Site.
The City of Elk River should be notified ASAP if water quality monitoring data indicates groundwater
impacts and the potential occurrence of an environmental release. Water quality for groundwater
sampling for the Schuer Site monitoring should be incorporated into the assessment provided with
the annual monitoring report.
Storm Water Pollution Prevention Plan The Storm Water Pollution Prevention Plan (SWPPP) has
been deVeloped with an acceptable general outline. The SWPPP should state that surface water
runoff will drain to the surface water ditch passing through the Site. The ditch should be identified as
a major surface water discharge point for the site at the east property boundary.
The SWPPP states that predevelopment runoff rates will be maintained. A reference to the analysis
which supports this statement should be provided.
A no disturb buffer area should be established along the ditch until such time that the ditch does not
provide surface water conveyance through the site. Similarly, no disturb buffer areas should be
established around wetlands until such time they are mitigated and approved for excavation based
on the mining phasing plan. There should be no equipment traffic allowed within the buffer area.
2
J&B Mining
Page 3
The SWPPP should include the referenced NPDES discharge permit as an Appendix. In section 4.1,
the SWPPP should be modified to include provisions for removing tracked sediments from paved
roadways on a regular basis. In section 5.1, SWPPP inspection should be conducted on a monthly
(required by NPDES permit) basis during active operations. The Site map should identify "National
Wetland Inventory" data on it showing all information within a one-mile radius of the Site. The
SWPPP should identify if Site drainage enters "waters of the State". If so, the locations should be
identified on Site maps.
The Plan should identify the placement of dp-rap in the ditch near the east property boundary as an
erosion control BMP. It is possible that surface water flow from the site will be increased with the
removal of vegetation over a majority of the site.
A phasing and restoration plan should be provided with the SWPPP to facilitate the implementation of
BMPs, which includes revegetation of parts of the site. The SWPPP should identify the ongoing
inspection of the surface water ditch as it exits the site on the east property boundary.
Environmental Spill Plan The Plan has been developed with an acceptable general outline. The
Plan should state that there will be no maintenance of the equipment on the site. The Plan should
identify the contents and capacity of the spill kit that is provided with the refueling vehicle.
A specific refueling location(s) should be identified in the Plan in an area(s) where spill response can
be effectively implemented. The refueling location(s) would ideally be an area(s) with a relatively
impermeable surface, closed contours and minimal slope.
Q:~A-C\CER~2004-51 l\Correspondence~J&B_MiningReview, doc
3
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this __ day of ., 2004,
by and between the CITY OF ELK RIVER, a municipal corporation organized under the
laws of the State of Minnesota (City), and J & B Mining????????, a Minnesota corporation,
hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a conditional use
permit to operate a gravel mining operation within the City on property legally described as
follows:
South Half of the Northeast Quarter of the Northeast Quarter (S 1/2 of NE 1/4 of NE 1/0,
Section 10 and Northwest Quarter of the Northwest Quarter (NW 1/4 of NW V4), Section 11,
all in Township 33, Range 26, Sherburne County, Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use permit, at which
hearings all citizens of the City of Elk River and other interested parties have had the
opportunity to be heard on the application; and
WHEREAS, the City Council by motion adopted September 7, 2004, approved a
conditional use permit for the operation of a gravel mining operation (the Operation) on the
Property, subject to certain conditions, including that Operator enter into a conditional use
permit agreement with City so as to fully comply with the City's Mineral Excavation,
Zoning, and other applicable ordinances; and
WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be
issued and that a conditional use permit agreement for mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this Agreement
shall constitute the Conditional Use Permit for the Property and, to be executed by City and
Operator, shall govern the parties rights, responsibilities, and obligations with respect to the
operation, subject to the compliance by all parties with applicable city ordinances and state
and federal laws.
2.) Warranty, of Operator- Operator hereby warrants and represents to the City,
as inducement to the City's entering into this agreement, that the Operator is the fee owner
of the subject property or has a valid lease for the operation and the fee owner of the subject
property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(01)
This Conditional Use Permit authorizes mineral excavation (gravel) from the
Property.
(02)
All mineral excavation and processing operations on the property shall
comply with the City's Mineral Excavation, Zoning and other applicable
ordinances; with the terms of this Conditional Use Permit agreement and the
license agreement to be executed by the City and Operator; with the City of
Elk River's Environmental Impact Statement on Mineral Excavation; and
with the application materials and plans submitted by the Operator, which
plans and materials are the basis for the City's approval of the Conditional
Use Permit.
(03)
The Operator shall orally notify the City of any violations of this permit
within 24 hours and follow this with notification in writing within four (4)
working days of the violation. The Operator shall nohfy the City annually in
writing of the total area and amount of material mined and projected
estimates of area and amount of material to be mined in the following year.
This is to be done at time of license renewal.
The license shall be renewed annually and shall mn from June 1st through
May 31st. The annual license fee is that which is specified by the Elk River
City Council at time of renewal. This license fee is not in lieu of gravel tax
collected by the County, a portion of which the City receives.
(05) Violations of this Conditional Use Permit may result in suspension or
revocation.
(06)
The City Building and Environmental Administrator and/or his/her agents
shall be permitted to inspect the Operation for compliance with the
conditions of this permit during normal hours of operation.
(07)
The City's approval of this Conditional Use Permit is subject to the approval
of appropriate permits by other governmental agencies.
(08) No explosives shall be allowed for this operation.
(09) Reclamation
Reclamation shall be implemented on an annual basis pursuant to the
reclamation plans submitted by the Operator.
0o)
(11)
Each year a plan for that year's reclamation shall be approved by the
Building and Environmental Administrator prior to issuance of the
mineral excavation license.
Co
Upland reclamation shall include topsoil from the site being
preserved and put back into place after mining and seeded as per the
approved plans. The vegetation established for the reclamation must
be maintained until it is self-sufficient.
do
Wetland restoration shall be in compliance with the approved
wetland mitigation plan. The Operator shall provide a letter of credit
in favor of the City for wetland restoration in the amount of $ . A
formal wetland monitoring plan shall be submitted for City approval
one year after wetland restoration has been completed on the
Property and the Schuer, Inc. site. The wetland letter of credit may
be released upon approval of the first year monitoring report, but
monitoring shall continue for an additional 2 to 4 years after, as
determined by city staff.
Contours, finished grades, details of erosion control methods, and
settling ponds, shall comply with the plans submitted and the City
ordinance at the time of reclamation. Additional measure as
determined by city staff may be required.
Traffic
ao
Gravel mined as part of the Operation shah be hauled directly to the
Elk River Bituminous site via easements, not accessing any public
road. Peat mined as part of this Operation will be hauled to Bauerly
Bros.' existing access onto 225th Ave. via easements and then west to
US Trunk Highway 169. No traffic will be allowed to go east on
225th Avenue.
The sale of product from the Operation shall only take place from
the Elk River Bituminous site and then only after receiving
authorization from the Minnesota Department of Transportation and
completing all required improvements to the access for that site prior
to commencing said sales.
Dust Control
A permit from MPCA regarding air emissions shall be obtained when
required and particulate emission standards shall be met by the
Operation. This permit and all other correspondence between the
Operator and MPCA shall be copied to the City.
b0
All equipment shall be located as to reduce dust to adjacent
properties.
(12)
03)
(14)
A water truck shah be on site at all times when mining activities are
taking place to control dust as necessary. Chemicals shall not be use
for dust control.
do
The City reserves the right to require additional measures to be taken,
if warranted by dust problems, including but not limited to reducing
stock pile heights.
Hours of Operation
All mineral excavation, processing, and sales activities shah be conducted
between the normal hours of 7:00 a.m. to 7:00 p.m., Monday through
Saturday, except the hours may be extended by the Building and
Environmental Administrator for special cases.
Noise
ao
As deemed necessary by city staff, noise from screening and crushing
associated with this Operation shall be controlled by equipment
location on site, the erection of sound barriers, the placement of
stockpiles, and the type of equipment used.
b0
Noise levels associated with this Operation shall at no time exceed
State standards.
Co
The City reserves the right to require additional measures be taken, if
warranted by noise.
Lighting
Lighting from the Operation shall be directed away from adjacent residential
property. Glare, whether directed or reflected as different from general
illumination, shall not be visible beyond the limits of the immediate site. All
sources of artificial light shall be so fixed, directed, designed, or sized that the
minimum subtotal of their illumination shall not increase the level of the
illumination on nearby residential property by more than.1 foot candles in or
within twenty-five (25) feet of a dwelling, or more than .5 foot candles on
any part of the adjacent property.
Debris
The piling, storing, or keeping of old machinery, junk, debris, or abandoned
motor vehicles, shall be prohibited on this site, with the exception that
reusable parts may be stored on the mineral excavation site provided that it is
in a location that cannot be viewed from adjacent properties or is totally
screened.
(16) Vibration
Mining activities shall not cause excessive vibration off site. If excessive
vibration becomes an issue, the City reserves the right to take appropriate
measures to alleviate the problem.
(17) Groundwater Protection Measures
ao
The Operator shall file with the City an Environmental Spill Plan and
a Storm Water Pollution Prevention Plan. The Operator shall adhere
to these plans in the event there is a spill.
The Operator shall provide the Fire Department with a copy of their
flammable or hazardous materials.
c. Refueling shall take place only at designated locations.
do
All incidences that have the potential to adversely affect groundwater,
including but not limited to spills, shall be verbally reported to the
City within 24 hours. This verbal notification shall be followed up in
writing within four (4) working days.
eo
The appropriate storm water permits (NPDES) shall be obtained by
the Operator from MPCA and copied to the City.
Prior to commencing mining, the monitoring well located at the site
shall be monitored for diesel range organics 0DRO), pH, temperature
and conductivity to establish baseline data. The reference parameters
shall be monitored a minimum of once each mining season
thereafter. In the event of a spill, the City may require additional
testing events, parameters and monitoring wells, as well as the
cessation of operations until the spill is deemed clean by the City.
go
Gravel washing operations and dewatering are prohibited at this site
and will require an amendment to this permit to be allowed in the
future.
ho
Except for minor repairs, maintenance of vehicles and equipment
shall take place in the shop at the Elk River Bituminous site. The
Operator shall have an approved hazardous waste license for this
facility and properly dispose of all waste.
Rip Rap and a vegetative buffer to remove nutrients shall be
established on the outlet end of the ditch on the site.
jo
The Operator shall provide the City updated groundwater data as it
becomes available.
ko
The proposed wetland restoration plan is based on the premise that
the groundwater level incurred is not a perch water table. If
information to the contrary is discovered, the Operation shall cease
until new mining and restoration plans are submitted and approved
by the City.
(18) Signage
Signage for the operation shall be that which is permitted for an industrial
operation in a medium industrial zone, with the exception that billboards are
not allowed.
(19) Fencing
All cut faces with slopes greater than 3 to 1 shall be fenced on the high sides
to provide a clear warning of the potential danger until properly sloped.
(20) Oakwilt
Cutting of trees between April 15 and July 15 is prohibited. The Operator
shall take other measures deemed appropriate by the Sherburne County
Forester to control oakwilt, such as, but not limited to: debarking or
destroying fallen diseased trees prior to April 15~h, not leaving roots exposed
and avoiding mechanical damage on remaining trees.
(21) Blanding's Turtles
Department of Natural Resources flyers with an illustration of a Blanding's
Turtle shall be distributed to all site workers. If observed, turtles in
imminent danger shall be removed to a safe location and turtles not in danger
shall be left undisturbed. All construction areas shall be surrounded by silt
fence to keep turtles from entering and no wetlands shall be altered as a
result of the work authorized in this permit.
(22) Other Permits
The Operator shall obtain all state and federal permits appropriate to their
operation and file copies of said permits with the City.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions hereof and
agrees to save and hold the City harmless from any and all claims or actions arising
from the operations of the Operator on the Property.
(02) Binding Effect- The terms and provisions hereof shall be binding upon, and
inure to the benefit of the heirs, representatives, successors, and assigns of the
parties hereto and shall be binding upon all future owners of all or any part of the
Operation and shall be deemed covenants running with the land. This Agreement
shall be placed of record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees, if any, shall
be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the validity
of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of a breach of
any provision of this Agreement will not operate as or be construed to be a waiver of
any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the United
States mail to the addresses hereinafter set forth by certified mail (return receipt
requested). The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at:
City of Elk River
ATTN: Building & Environmental Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at:
j & B Mining
ATTN: Jason Bebeau
21310 Brook Road NE
Elk River, Minnesota 55330
(06) Incorporation by Reference- All plans, special provisions, proposals and
specifications, submitted pursuant to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF ELK RIVER
OPERATOR/FEE OWNER:
J & B Mining
By: By:
Its: Mayor Its:
By:
Its: City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
., 2004, by Stephanie A. Klinzing, the Mayor of THE CITY OF
ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 2004, by Joan Schmidt, City Clerk of THE CITY OF ELK
RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this __ day of
,2004, by ., the
ofJ & B Mining, ?????????a Minnesota corporation, on behalf
of the corporation, fee owner of a portion of the subject property and Operator on
the subject property.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Environmental Dept.
13065 Orono Parkway
Elk River, MN 55330
6/1/200a Documcntl
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APPLICATION FOR REZONING TO MINERAL
EXCAVATION OVERLAY DISTRICT AND
CONDITIONAL USE PERMIT FOR MINERAL AND
PEAT EXCAVATION
J&B MINING
ELK RIVER, MINNESOTA
Prepared for:
JASON BEBEAU
May 2004
Prepared by:
Liesch Companies
LIE , CH
Minneapolis, MN · Madison, WI · Scottsdale, AZ
APPLICATION FOR REZONING TO MINERAL EXCAVATION
OVERLAY DISTRICT AND CONDITIONAL USE PERMIT FOR
MINERAL AND PEAT EXCAVATION
J & B MINING
ELK RIVER, MINNESOTA
Prepared For:
JASON BEBEAU
21310 BROOK ROAD
ELK RIVER, MINNESOTA 55330
Prepared By:
LIESCH ASSOCIATES, INC.
13400 15TM AVENUE NORTH
PLYMOUTH, MN 55441
(763) 489-3100
MAY 28, 2004
PROJECT NUMBER: 64611.00
1.0
TABLE OF CONTENTS
Page
INTRODUCTION ........................................................................................................................ 1
2.0
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
SITE INFORMATION ................................................................................................................. 1
Legal Description .......................................................................................................................... 1
Applicant ....................................................................................................................................... 1
Land Owner .................................................................................................................................. 1
Names and Addresses of Adjacent Land Owners Within 350 Feet of Site .................................. 2
Purpose of Proposed Extraction .................................................................................................... 2
Estimated Time to Complete the Proposed Extraction and Rehabilitation ................................... 2
Transportation Routes ................................................................................................................... 2
Site Specifications ......................................................................................................................... 2
2.8.1 Physical Relationship of the Proposed Extraction Site to the Community ........................... 2
2.8.2 Site Analysis Information ..................................................................................................... 3
2.8.3 Estimated Quantity of Materials to be Extracted .................................................................. 3
2.8.4 Depth of Water Table ............................................................................................................ 3
2.8.5 Average Thickness of Overburden ....................................................................................... 4
Plan of operation ........................................................................................................................... 4
Drainage, Erosion Control, Sedimentation, Dust, Security, Access Control, and
Weed Control ............................................................................................................................... 4
Restoration Plan ........................................................................................................................... 5
3.0
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
STANDARDS ............................................................................................................................... 5
Boundary ....................................................................................................................................... 5
Prohibited Areas ............................................................................................................................ 6
Fencing .......................................................................................................................................... 6
Site Appearance and Screening .................................................................................................... 6
Rehabilitation ................................................................................................................................ 6
Noise ............................................................................................................................................. 7
Hours of Operation ....................................................................................................................... 7
Explosives ..................................................................................................................................... 7
Dust and Odor ............................................................................................................................... 7
Pollution Control ......................................................................................................................... 7
Topsoil Preservation .................................................................................................................... 8
Slopes ........................................................................................................................................... 8
APPENDICES
Appendix A
Appendix B
Appendix C
Figure 1 - City Map
Figure 2 - Site Location Map
Figure 3 - Properties Zoned for Mineral Excavation
List of Addresses within 350 Feet of the Site
Sheet 1 - Existing Conditions
Sheet 2 - Mining Grading Plan and Cross Sections
Sheet 3 - Drainage and Restoration Plan
1.0 INTRODUCTION
J & B Mining is proposing through the submittal of a conditional use permit application to the
City of Elk River (the City) to mine gravel and peat on an approximate 60.23 acre site in the
northern portion of Elk River (the Site). The location of the Site is illustrated on Figures 1 and 2
in Attachment A. The proposed gravel mining location is situated on two private properties
owned by Bebeau. Approximately 1,250,000 cubic yards of material will be mined from
approximately 41.32 acres of the Site for a period of approximately ten years. The project
purpose is to obtain natural aggregate and peat material for use in the construction industry.
Gravel material mined will be used for the production of asphalt, which will be used for building
new roads and improving existing roads in the surrounding area. Peat material will be used for
topsoil and landscaping projects in the surrounding area. At the conclusion of mining the Site
will be restored as wildlife habitat in the form of wetlands and deep water fishery habitat.
2.0 SITE INFORMATION REQUIRED FOR EXTRACTION LICENSE AND
CONDITIONAL USE PERMIT
2.1 LEGAL DESCRIPTION
South ½ of the NE ¼ of the NE ¼ of Section 10 and the NW ¼ of the NW ¼ of Section 11, T 33
North, R 26 West, Sherburne County, Minnesota.
2.2 APPLICANT
J 8,: B Mining (Jason Bebeau)
21310 Brook Road
Elk River, Minnesota 55330
Phone: (763) 441-2684
Fax: (763) 441-6013
2.3 LAND OWNER
J & B Mining (Jason Bebeau)
21310 Brook Road
Elk River, Minnesota 55330
Phone: (763) 441-2684
Fax: (763) 441-6013
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeologists. Engineers · Environmental Scientists -Page 1.
2.4
NAMES AND ADDRESSES OF ADJACENT LAND OWNERS WITHIN 350 FEET OF
SITE
The names and addresses of adjacent land owners within a 350-foot radius of the Site are
attached in Appendix B.
2.5 PURPOSE OF PROPOSED EXTRACTION
The purpose of the project is to obtain natural aggregate and peat material for use in the
construction industry. Gravel material mined will be used for the production of asphalt, which
will be used for building new roads and improving existing roads in the surrounding area. Peat
will be used for topsoil and landscaping projects in the surrounding area.
2.6
ESTIMATED TIME TO COMPLETE THE PROPOSED EXTRACTION AND
REHABILITATION
The proposed duration of the mining operation is ten years. Upon conclusion of the mining
operations, the Site will be restored to waterfowl and fisheries habitat with a potential end use as
a public recreation area.
2.7 TRANSPORTATION ROUTES
The mined gravel will be processed on Site or hauled to Elk River Bituminous located
approximately h-mile southwest of the Site. Truck traffic generated by the gravel mine will
occur on designated haul roads on the north and south ends of the site for transportation to Elk
River Bituminous. Peat materials hauled off site will occur on designated haul roads to the south
of the site that will lead to Brook Avenue and north of the site that will lead to 225th Avenue.
2.8 SITE SPECIFICATIONS
2.8.1 Physical Relationship of the Proposed Extraction Site to the
Community
The Site is located in the northern portion of Elk River, east of Trunk Highway 169. According
to the 2002 Elk River Zoning Map, the Site is currently zoned for agricultural conservation.
Adjacent properties to the east and west are also zoned for agricultural conservation. Properties
adjacent to the north and south are zoned for both mineral excavation and agricultural
conservation. Active gravel mines are operating adjacent to the north and south of the Site and
across Trunk Highway 169 to the west. The location of the Site is illustrated on Figures 1 and 2
in Appendix A. Figure 3 in Appendix A shows the properties zoned for mineral excavation in
the surrounding area.
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeologists · Engineers- Environmental Scientists .Page 2.
2.8.2 Site Analysis Information
There is very little tree cover in the areas of the proposed mining. The depth to gravel and peat
beneath the topsoil is typically less than 12 inches. There are no buildings located on the Site
and no buildings are proposed. The nearest buildings are located south of the Site and are
associated with a farmstead currently owned by Bob LeFavor who is a co-applicant on this
project. The Site is not located in the delineated 100-year flood plain and an abandoned ditch
runs southwest to northeast in the 40-acre parcel in Section 11. The ditch was abandoned in 1965
and was referred to at the time as Judicial Ditch Number 1. Five separate wetlands and the
abandoned ditch are located on the Site. It is anticipated that one of the smaller wetlands in the
northern portion and a portion of a wetland on the eastern portion of the site will be impacted by
the mining and mitigated on-site. The remaining larger wetland complex will be transformed
from type 2 wetlands to deeper water type 5 wetlands by shallow excavation of the peat
resources in the vicinity. The elevations and slopes within 20 feet of the perimeter of the Site are
shown on the Existing Conditions Map included as Sheet 1 in Appendix C.
2.8.3 Estimated Quantity of Materials to be Extracted
Approximately 1,250,000 cubic yards of material will be mined from approximately 41.32 acres
of the Site. All of the gravel to be mined is located in existing hills and adjacent areas.
2.8.4 Depth of Water Table
The general hydrogeologic conditions in the vicinity of the Site were described in the
Environmental Impact Statement (EIS) prepared for the Elk River Gravel Mining District, Elk
River, Minnesota, by Maier Stewart and Associates, Inc (MSA), dated May 1994 (the 1994 EIS).
Based on groundwater information in the 1994 EIS, the groundwater elevation is the area of the
Site is approximately at elevation 950 feet NGVD. A review of the Minnesota Department of
Natural Resources (DNR) Water-Table Hydrogeology and Water Well Database also indicates
that the groundwater elevation at the site is approximately at elevation 950 feet. Three ground
water monitoring wells were installed at the site in May of 2004 and preliminary monitoring
results indicate that the ground water elevation at the site is approximately 944 - 945 feet. This is
also consistent with the observed elevations of the wetlands and observations of standing water
at the site.
The proposed depth of mining will extend from five feet below the water table in areas where the
existing type 2 wetlands are being excavated to transform them into type 5 wetlands to a
maximum of 45 feet below the water table in deepest portion of the area where open water is
being created. (refer to Sheet 2 Mining Plan, Appendix C).
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeologists · Engineers · Environmental Scientists 'Page 3'
2.8.5 Average Thickness of Overburden
Overburden in the areas to be mined at the Site is minimal.
at less than 12 inches below grade.
Gravel and peat are typically present
2.9 PLAN OF OPERATION
The mining operation will include mining, processing, stockpiling, and hauling of gravel and
peat to construction and road project sites as well as some material removal by private haulers on
a periodic basis. A portable crusher will be utilized on site periodically and the proposed
operation does include periodic gravel washing. Temporary storage of recycled asphalt and
concrete materials are also proposed as part of the mining operations. Equipment utilized on site
will include a bulldozer, dragline, front end loader and conveyors.
Mining will be conducted as indicated on the mining plan (refer to Sheet 2 Mining Grading
Plan, Appendix C) and will begin on the east side of the Property and progress westward. As a
mining area is opened, topsoil will be stripped from the designated area and stockpiled on-site
for later use in site restoration. No permanent roads or building will be constructed at the Site.
No permanent utilities will be installed at the Site.
No water supply wells are proposed at the Site. Water use at the Site will be for purposes of dust
control and periodic gravel washing only. No disposal or reuse of water will occur.
No explosives will be used at any time.
2.10
DRAINAGE, EROSION CONTROL, SEDIMENTATION, DUST, SECURITY, ACCESS
CONTROL, AND WEED CONTROL
Surface water runoff and erosion controls are proposed to control surface water discharge off
site. The proposed controls will include installation of silt fence and/or vegetative buffer hay
bales, rip-rap placement in drainage ways, and phased topsoil replacement and seeding of
completed phases. The silt fence, vegetative buffer, hay bales and rip-rap will be placed in areas
deemed necessary during mining operations. Since most of the storm water generated at the site
will remain on site as it is the low spot in the area, only minimal, if any, off site surface water run
off is anticipated. Based on the topographic contours of the Site and the contours shown on the
mining plan, surface water runoff will remain on site and flow into the low areas or wetlands.
Sedimentation may occur in temporary, natural ponding areas. Sheet 3 in Appendix C shows
the drainage characteristics of the Site.
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeologists · Engineers. Environmental Scientists 'Page 4.
Dust generated during mining operations will be limited to the active mining area and haul roads.
Water will be delivered to the Site via a water track and applied primarily to haul roads, but also
to any exposed soil/topsoil stockpiles and areas where mining has been completed as is
necessary. Mitigative measures to minimize fugitive dust fi.om these areas may include of
stockpiling soils in a manner to prevent erosion and phased restoration of completed areas.
Access to the site will be gated. When the site is unattended, all vehicles and equipment will be
secured and locked. Control of access to open extraction areas will be accomplished with
warning signs and/or fencing. Fencing currently exists at the Site. The mining operation will not
involve the creation of any steep slopes. The gravel resources to be mined are located only in
long narrow ridges. It is anticipated that these gravel containing ridges will be excavated and
removed to the elevations indicated on the mining plan. Peat excavation is anticipated to occur in
the low lying areas of the site and in areas shown as wetlands on the existing conditions plan peat
excavated fi.om areas designated as wetlands will occur at a shallow depth to assure wetland
conditions are maintained in these areas. The overall mining of the site will result in a complex
of type 2 through 5 wetlands and an area of deeper water fishery habitat.
To prevent weeds and unsightly vegetation, stockpiled topsoil will be placed on graded and
mined surfaces intermittently as the phased mining progresses. Graded areas and completed
phases will be re-vegetated with standard MnDOT and/or BWSR seed mixtures.
2.11 RESTORATION PLAN
Upon completion of mining, the Site will be restored as waterfowl and fishery habitat with a
potential end use as a public fishing/recreation area. As areas of the mining are completed, the
stockpiled soils and topsoil will be distributed and graded across the mined area. Stockpiled
topsoil will be placed on graded and mined surfaces intermittently as the mining progresses.
Topsoil will be seeded and mulched to prevent erosion. Standard MnDOT and/or BWSR seed
mixtures will be used and when necessary trees will be planted. Final grades will range fi.om 1%
to 25%. Sheet 3 in Appendix C is the Drainage and Restoration Plan showing the proposed
final contours of the Site.
3.0 STANDARDS AND REQUIREMENTS
3.1 BOUNDARY
Extraction operations will be conducted within the confines of the extraction site described in the
application.
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeologists · Engineers · Environmental Scientists .Page 5.
3.2 PROHIBITED AREAS
No mining operations will be conducted within five feet of the right of way of an existing public
utility.
Mining will not occur within fifty feet of the boundary of any zone where such extraction
operations are not permitted. Setbacks from the wetlands will be at least tiny feet unless mined
areas are to become extensions of the existing wetlands.
Mining is proposed to occur within five feet of the boundary of an adjoining property which is
not being used for extraction operations. A variance has been submitted with the Conditional Use
Permit application requesting this setback distance which is less than the permitted distance of
forty feet and a decision on this request is pending.
3.3 FENCING
The perimeter of the site is fenced to prevent unauthorized access. A four foot fence will be
installed as necessary in areas where collections of water greater than 1-½ feet deep are located,
where extraction slopes are steeper than one foot vertical to 1-½ feet horizontal, and any other
areas where obvious signs of danger to the public exist.
3.4 SITE APPEARANCE AND SCREENING
All Site equipment will be kept operational. Abandoned machinery and rubbish will be
periodically removed from the Site. All temporary buildings and structures will be removed and
the Site will be graded and restored in accordance with the restoration plan within three months
after termination of the extraction operations or within three months after termination of the
extraction license. Wetland mitigation monitoring will occur for a period of three to five years
upon completion of the wetland mitigation construction. Mitigation monitoring reports will be
submitted to the appropriate parties on an annual basis.
The perimeter of the Site will be planted or otherwise screened when required. The trees and
ground cover located in the mining areas will be removed as each mining area progresses. All
existing trees and ground cover will be preserved to the maximum extent feasible.
3.5 RESTORATION
Restoration will be continuing process, occurring as quickly as possible upon completion of each
phased operation.
All banks and slopes will be restored in accordance with the attached Restoration Plan. Finished
slopes above the water surface will not exceed 4:1.
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeotogists · Engineers · Environmental Scientists -Page 6-
A minimum of 3 inches of topsoil will be placed over restored areas. The restored areas will be
planted with enough ground cover sufficient to contain the soil. The vegetation will be inspected
periodically to insure it is self-sustaining. Trees will be planted where appropriate.
Water bodies will be created as part of the mining operation in the form of a type 2 through 5
wetland complex and areas of open deeper water that may be utilized as a public fishing and
recreation area. The open water areas will contain some slope variation in order to make it more
suitable for fisheries habitat.
3.6 NOISE
Maximum noise levels at the perimeter of the Site will comply with Minnesota Pollution Control
Agency (MPCA) standards. Any nuisance noises will be minimized by limiting hours of
operation. Selected placement of gravel or peat stockpiles can also be used to control noise. On-
site generators may be housed in trailers or other temporary structures to minimize noise, if
necessary. Additional mitigative measures for noise will also include proper equipment
maintenance and muffling.
3.7 HOURS OF OPERATION
Mining operations be conducted between the hours of 7:00 AM and 7:00 PM, Monday through
Saturday.
3.8 EXPLOSIVES
No explosives will be used at the Site.
3.9 DUST AND ODOR
Dust generated during mining operations will be limited to the active mining area and haul roads.
Water will be delivered to the Site via a water truck and applied primarily to haul roads, but also
to any exposed soil/topsoil stockpiles and areas where mining has been completed as is
necessary.
3.10 POLLUTION CONTROL
There will be no permanent above or below ground storage tanks located at the Site. Temporary
or portable aboveground tanks will be used to store fuels and a majority of the fuel needs is
expected to be met through a portable fuel delivery vehicle. If storage will exceed 1,320 gallons,
a Spill Prevention Control and Countermeasure (SPCC) Plan meeting the requirements of 40
CFR Part 112, will be prepared and implemented for the Site. In addition, all tanks will be
registered with the MPCA. MPCA Air Quality Permits are required for sand and gravel mining
operations and asphalt plants depending on the size of the operation and the "potential to emit."
LIESCH ASSOCIATES, INC.
May 2004 Hydrogeologists - Engineers · Environmental Scientists .Page 7.
Potential to emit calculations will be performed and the proper permits will be obtained as
necessary. Additionally, as required by the MPCA, a National Pollutant Discharge Elimination
System (NPDES) Permit for storm water will be obtained and a Storm Water Pollution
Prevention Plan (SWPPP) will be completed for the Site.
3.11 TOPSOIL PRESERVATION
Adequate quantities of topsoil will be retained on-Site for use in the Restoration Plan.
3.12 SLOPES
All extractions except for the working face will be sloped at minimum of 1:1. All restored slopes
will have a maximum slope of 4:1.
LIESCH ASSOCIATES, 1NC.
May 2004 Hydrogeologists · Engineers- Environmental Scientists .Page 8.
:~ I~'..~J'. I~ ~ ' Livonia
['~=~i~7 "~( ----:.: ~ >:,~-~.:,.~.~ ,-
Elk River
[_
· ~,, !, F,
Legend
T~wnshi~ ~
,I ~ L~
So~[~e: S~b~e Co~n~ A~g.st 2002
:~ J & B Mining May 04
tl]~fl ~y~o~o,o~,~.~ ...... ~.~i ....... tal Scientists
- City Map Figure
60~ Gisholt ~, Suite 203 13400 15~" Avenue N 4300 N Miller Rd, Suite 200
Madison, ~ 53713 Minneapolis, ~ 55441 Scottsdale, ~ 85251
(608) 223-1532 (763) 489-3 ~ 00 (480) 421-0853
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So.ce: USGS, 7.5 Minute Qua~angles, Elk River ~d L~e Freemont, MN, 1961, revised 1993 Scale: 1" = 2,000'
~ J & B Mi~ng May 04
Site Location Map Figure
60~ Gisholt ~, Suite 203 13400 15~ Avenue N 4300 N Miller Rd, Suite 200 ~2
Madison, ~ 53713 Minneapolis, ~ 55441 Scottsdale, ~ 85251
(608) 22~-~2 (76~) 48~-~ lO0 (4~0) 42
: -?- I~ ',.~ ., ::u~ ,. ~= .... ~'~ ...... QL/~ Ha~en ~:,. m~ b ;:-' ~; ~'2~J
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Prope~ zoned as used for mineral excavation
Sources: 2001 Sherbume Co. Atlas/Plat Mao Book, City of Elk ~ver Zo~ng Map, Jan. 2002 Scale: Not to Scale
=~ J & B Mining May 04
LI~CH Hydrogeologists. Engineers · Envi ..... ental Scientists
Prope~ies Zoned for Mineral Excavation Figure
6000 Gisholt ~', Suite 203 13400 15~h Avenue N 4300 N Miller Rd, Suite 2~ ~3
Madison, WI 53713 Minnea~lis, MN 55441 Scottsdale, ~ 85251
(608) 223-1532 (763) 489-3100 (480) 421-0853
Sherburne ~~~
AUDITOR/TREASURER
RAMONA DOEBLER
DATE: May 6, 2004
TO: Warren Tuel 612-709-7192
FROM:
Ramona Doebler, Auditor/Treasurer
Prepared by: Kristi Botzek, Deputy Auditor/Treasurer
Adjoining property owners within 350 feet of parcel number:
75-110-1100 and 75-1 t 1-2201
Based on an examination of Sherburne County Records, the attached listing represents all
property owners within 350 feet of the outside boundary of the property subject to the heating.
This has been done to the best of our ability, but we make no guaranty the list is completely
accurate.
RESEARCH FEE:
7 PARCELS AT $2.00 PER PARCEL:
6 LABELS ~ .05/EACH
STATE TAX:
LESS DEPOSIT
30.00
14.00
.30
.08
-30.00
TOTAL DUE:
14.38
763-241-2861 ~
13880 Highway 10
Elk River, MN 55330-4601
1-800-438-0576 ~3 Fax: 763-241-2869
Jam Free Printing
Use Aver~~ TEMPLATE 5260TM
~.m www. avery, com
"'""'- 1-800-GO-AVERY
A~RY® 5260TM
AGGREGATE INDUSTRIES-NORTH CE
2915 WATERS RD STE 105
EAGAi~ MN 55121-1562
KRUPICKA, JOEL H & JANICE
21850 BROOK P~ NW
ELK RIVER MN 55330-9214
SCHUER INC
10107 105TH ST ArW
A/TNANDALE MN 55302
SCHLrUR, DARWIN H & FREDERICKA
21800 BROOK RD NW
ELK RIVER MN 55330-9214
SOLORS, DAVID & COLLEEN
21538 BROOK ROAD NW
ELK RIVER MN 55330-8725
TOTH, RICHARD-TRUSTEE
C/O ERNEST TOTH
22191 HIGHWAY 169
ELK RIVER MA/ 55330
05/06/04 15:42:56
Parcel Nbr Name
75-102-3401 TOTH, RICHARD-TRUSTE
75-103-4202 TOTH, RICHARD-TRUSTE
75-110-1105 SCHUER INC
75-110-1401
75-111-2100
75-111-2404
75-630-0115
AGGREGATE INDUSTRIES
KRUPICKA, JOEL H & J
SCHUUR, DARWIN H & F
SOLORS, DAVID & COLL
FINAL TOTALS
Parcel description
S 1-2 OF SW 1-4.
E 1-2 OF SE 1-4 OF SE 1-4.
NW 1/4 OF NE 1/4 & THE N 1/2 OF NE 1/4 OF NE
1/4
S 1-2 OF NE 1-4 EX S 1-2 OF SW 1-4 OF NE 1-4.
NE 1-4 OF NW 1-4. PLUS EASEMENT.
N 660 FT OF SE 1-4 OF NW 1-4 LYING W
OF CS~ 21. SUB TO EASEMENT.
LOT 3, BLK 1 TOGETHER WITH THAT PART OF
OUTLOT A LYING NLY OF A LINE DESC AS BEG AT A
POINT ON THE E LINE OF OUTLOT A, DIST 36 FT S
OF THE MOST NLY CORNER THEREOF;THENCE N 66
DEG 20 MIN 22 SEC W (PLAT BEARINGS) FOR 51.95
FT TO INTERSECT & TERMINATE ON THE NWLY LINE
OF OUTLOT A. FOR THE PURPOSES OF THIS DESC
SAID POINT OF TERMINATION IS KNOWN AS PT A.
EX THAT PART OF LOT 3 THAT LIES SLY OF A LINE
DESC AS BEG AT POINT A, DESC ABOVE;THENCE N
66 DEG 20 MIN 22 SEC W FOR 16.05 FT;THENCE S
69 DEG 57 MIN 18 SEC W FOR 253.15 FT TO THE
MOST NWLY CORNER OF OUTLOT A & THERE TERM.
ALSO TOGETHER WITH AN EASE OF RECORD.
* * * END OF REPORT * * *
PAGE
I
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~ '~,~~.~' DE'NOTE'S EXISTINg TREE UNE B[N~HIAARK ELEVATION . ~50.00 I,
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~ HK N~y '04 ~--~--- m~o~m~,s.m~m~q~s.m~momm~,, scmmsTs Ex]sting Conditions Plan
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~ ~ . CROSS SEC~ON B - B'
CROSS SEC~ON A - A' ~ ~
~ay '04 , ..-w --~ ,~ ,.,. - .... ~.,~u .... J & B Mining ~ ~o~ 2
.... ~.~.... t.., , .~ . .~,~ u ..... ~ Mining Area Grading Plan and Cross S~ion
Moy '04 .~ Elk River, Minnesota ~ ~ 3
May '04 o.t. ~. ~ (~) m-,m (~1
LEGEND
I / '
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~ ' ; ' -I r/~ ~/~I / I I / ~11 ~ C (~/~
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/'~."-~ .... ~ /-~ .... ~ -~ ~ .... u'~-~' ~ · ·
I
I
AT PR~ UNE ''/ [ ~ IN F~
I I I
I NO~: I I
1. DRAINAGE TO LOW AREAS OF THE SI~ TO BE M~NTAINED ~ [
TEMPORARY BIT. ES.
I
I 2. BOUNDARIES ~ EXISTING ~NDS TO BE PRO~C~D ~TH I I
I SILT FINER ~D/OR ~GETA~ BUFFER. I I
5. REFER TO ~DERS~ ENGINEERING OF MINNESOTA, LLC P~NS
F~ INFORMATION ~ ~D P~N~NG ~D MI~GA~ON.
I I
I I
~ -- ~ ~ -- - ~ ~ -,--, m J & B Mining As ~ 3
~ ~ '~ ~ ~, ~ ~ ~ ~ ~- ~ Drainage and Restoration Plan
~ ~ ~. t. Elk River, Mtnneso~
~ ~ ~ ~ ~ ~ BDR Moy '04 ~t. -~'