6.3 PCSR 04-26-2016 4l City of
E Request for Action
River
To Item Number
Planning Commission 6.3
Agenda Section Meeting Date Prepared by
Public Hearings April 26,2016 Zack Carlton, Planning Manager
Item Description Reviewed by
Midwest Asphalt— 12168 221st Ave NW Chris Leeseberg, Senior Planner
• Conditional Use Permit to expand mineral Reviewed by
excavation operations, Case No. CU 16-10
Action Requested
Recommend,by motion,approval of the Conditional Use Permit request to expand operations at 12168
221st Ave NW (PID 75-109-1100)with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable conditions have been
completed.
2. The expanded operations (portable hot mix asphalt plant and portable aggregate wash plant) shall
not begin until the Conditional Use Permit is recorded
3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire.
4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive
approval of required building and sign permits before construction may begin.
5. Facilities shall meet all building and fire codes.
6. An updated MPCA Air Emissions Permit or written notice by the MPCA that an updated permit
is not required for the addition of the hot-mix asphalt plant must be submitted for review.
7. Odor from the hot-mix operation must be controlled. If weather conditions make odor noticeable,
the percentage of recycled asphalt must be reduced. If odor problems cannot be resolved by the
Operator,the Planning Commission for the city shall review the situation with a public hearing
and make a recommendation to the City Council on whether or not the operation of the hot-mix
asphalt plant shall be allowed to continue.
8. All conditions outlined in the approval for Conditional Use Permit CU 06-04,approved by the Elk
River City Council on April 17,2006, (recorded document number 621697) shall be maintained.
Background/Discussion
Midwest Asphalt Corp is requesting a Conditional Use Permit (CUP) to continue extraction of sand and
gravel from their Elk River facility located at 12168 22151 Ave NW. Midwest Asphalt Corp has been
operating under a CUP since 1981,with the most recent amendment approved in 2006.
The extracted gravel is predominantly used in unpaved road maintenance,highway base projects, the
making of hot mix asphalt. The applicant is requesting to expand their gravel mining operation to include
the ability to operate a portable hot mix asphalt plant and a portable aggregate wash plant. Their current
operation includes an aggregate crusher and screen,and being able to add a hot mix asphalt and wash
plant will provide the applicant additional opportunities to utilize the site for various construction
projects.
ri1E11 . sr
Template Updated 4/14 NAME
The site was included in the City of Elk River's 1994 Environmental Impact Statement (EIS) on Mineral
Excavation and the processes and practices will stay consistent with those in the EIS. The Environmental
Technician reviewed the request and does not have any concerns with the proposed use expansion. The
additional equipment being proposed is permitted by the study.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
The impacts of the proposed operation were reviewed by the 1994 EIS, and the Environmental
Technician. It does not appear the proposed expanded use will detrimentally affect surrounding
parcels.
2. Will be consistent with the comprehensive plan.
It is consistent with the comprehensive plan,which permits Mineral Extraction in this area.
3. Will not impede the normal and orderly development and improvement of surrounding vacant proper*.
It will not, as the surrounding areas are also used for mining operations.
4. Will be served adequately by and will not adversely affect essential public facilities and services including
streets,police and fire protection, drainage, refuse disposal, water and sewer systems,parks and schools;and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
The properties are outside of the urban service area and will not adversely affect public safety
services. Traffic impacts are not expected to create excess congestion or wear.
5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons orpropery because of excessive traffic, noise, smoke,fumes,glare, odors, dust or
vibrations.
The proposed use is an intense operation,but is within the EIS guidelines and will not be
detrimental to surrounding areas.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The proposed use will not result in the destruction,loss or damage of a natural, scenic or
historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
The use and CUP will comply fully with all requirements of the Code.
If denial of such a permit should occur,it shall accompany determinations by findings or a report stating
how the proposed use does not comply with the standards set forth in Section 30-654.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-10 Midwest Asphalt\CU 16-10 PC Staff Report-Midwest
Asphalt.docx
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Mining Operation Plans
• Approved Conditional Use Permit CU 06-04
N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-10 Midwest Asphalt\CU 16-10 PC Staff Report-Midwest
Asphalt.docx
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Midwest Asphalt
%
Conditional Use Permit Case No: CU 16-10 Elk Itiver
Midwest Asphalt Corporation would like to amend the Conditional Use Permit
(#CU-81-13)to continue extraction of sand and gravel, including the ability to operate a
Portable Hot Mix Asphalt Plant&Portable Aggregate Wash Plant, as need for our Elk
River facility located at 12168 221st Avenue NW. We currently move an Aggregate
Crusher and Screen into this site as needed,being able to add a Portable Hot Mix Asphalt
Plant and Aggregate Wash Plant to this site would give Midwest Asphalt Corporation
more opportunity to utilize this site for various construction projects. This site was
included in May 1994 Environmental Impact Statement(EIS)that was issued for the Elk
River Gravel Mining District.
Midwest Asphalt Corporation has been operating under a Conditional Use Permit
since 1981 (#CU-81-13). The aggregate products produced at this operation will be
predominantly used in unpaved road maintenance,highway base projects, the making of
Hot Mix Asphalt(HMA), on various construction projects in the local area.
The City of Elk River ordinance requires mining and extraction operations to
obtain annual,renewable mineral extraction permits. To provide the City of Elk River
with more information concerning the nature of the operation and the property, Midwest
Asphalt Corporation submits the following information:
ELK RIVER SAND
GRAVEL FACILITY
OPERATED BY
IDWEST
SPHALT
ORPORATION
Located At
12168 221st Avenue NW.
ELK RIVER MINNESOTA
SHERBURNE COUNTY
MINNESOTA
Table of Contents
1. Narrative
2. Name, Address, Phone Number of Contact Person for the Operation.
3. Name, Address, Phone Number of Contact Person for the Land Owner.
4. Legal Description, Total Acres to be Permitted & Mined from Previous
Permit.
5. Description of Mining
A. Top Soil
B. Phase Plan
C. Aggregate
6. Estimated Daily Truck Traffic & Traffic Route
7. Description of Wells, Sewer Systems & Power Lines
8. Description of Ground Water, Surface Water, Drainage Patterns, Air Quality
9. Copies of MPCA Application Documents and to the Operation
10. Reclamation Plan
11. Copies of State and Federal Permits Appropriate to the Operation
12. Maps of Existing Topography, Neighbors & Measurements of Active Mine
13. Maps with Phase Plan, Site Plan, Drainage Plan
14. Topography Map of Reclamation Plan
Narrative
Midwest Asphalt Corporation would like to amend the Conditional Use Permit
(#CU-81-13)to continue extraction of sand and gravel, including the ability to operate a
Portable Hot Mix Asphalt Plant&Portable Aggregate Wash Plant, as need for our Elk
River facility located at 12168 221St Avenue NW. We currently move an Aggregate
Crusher and Screen into this site as needed,being able to add a Portable Hot Mix Asphalt
Plant and Aggregate Wash Plant to this site would give Midwest Asphalt Corporation
more opportunity to utilize this site for various construction projects. This site was
included in May 1994 Environmental Impact Statement(EIS)that was issued for the Elk
River Gravel Mining District.
Midwest Asphalt Corporation has been operating under a Conditional Use Permit
since 1981 (#CU-81-13). The aggregate products produced at this operation will be
predominantly used in unpaved road maintenance, highway base projects,the making of
Hot Mix Asphalt(HMA), on various construction projects in the local area.
The City of Elk River ordinance requires mining and extraction operations to
obtain annual,renewable mineral extraction permits. To provide the City of Elk River
with more information concerning the nature of the operation and the property, Midwest
Asphalt Corporation submits the following information:
1. Name,Address,Phone Number Of Contact Person For The Operation.
Operator
Midwest Asphalt Corporation
Blair Bury
P.O Box 5477
Hopkins MN 55343
Phone#952-937-8033
2. Name,Address,Phone Number of Contact Person for the Land Owner.
Property Owner
Richard B. Bury
1511 Heron Drive
Chanhassen, MN 55317
Phone#952-334-3107
3. Legal Description
Parcel Id#
75-109-110
Note(75-109-1105)was combined with(75-109-1100
Legal Description
E '/z OF THE NE '/ ,NW '/ OF THE NE '/ E
OFRY,AND SW ' OF THE NE ' EOFRY
SEC 9 TWP 33 RNG 2 SHERBURNE COUNTY MINNESOTA.
Acres
111.95
Parcel Id#
75-104-4410
Legal Description
PT OF SE '/ OF SE ' WHICH LIES SELY OF LINE OF 200FT WIDE STRIP OF
LAND, ITS CENTERLINE DE AS FOLLOWS: COM AT SE CORNER THENCE S 89
DEG 42 MN 21 SEC W,ALONG S LINE A DIS OF 1279.14 FT TO POB OF SAID
CENTERLINE TO BE DES; THENCE N 26 DEG 33 MIN 44 SEC E,A DIS OF
1212.16 FT; HENCE NELY A DIS OF 238.84 FT ALONG A TANG CURVE,
CONCAVE TO NW,WITH CENTRAL ANGLE OF 04 DEG 46 MIN 37 SEC AND A
RADIUS OF 2864.79 FT, TO INTERSECTION WITH N LINE &THERE TERM AND
WHICH LIES SELY& SELY OF THAT PT OF CENTERLINE OF 221ST AVE DES
DOC#317893.
SEC 4 TWP 33 RNG 26 SHERBURNE COUNTY MINNESOTA.
Acres
8.12
Total Acres to be Permitted:
102.7 Acres
4. Description of Mining:
A. Top Soil:
Aggregate Extraction begins with the removal and stockpiling of the topsoil using
bulldozers and scrapers or excavators and trucks. Earth berms will be constructed to
store the topsoil,provide screening of the operation, and reduce the equipment noise
heard outside the operation area. These temporary berms will be constructed of topsoil
from future areas to be mined and will be seeded.
B. Phase Plan:
Aggregate excavation will progress from the Northeast side of the property in a
Southerly direction. Once to the Southeastern corner we will turn to the West once to the
Southwest corner we will turn to the North and continue along the Northwest side.As
mining progresses the processing area may periodically change to allow for the equipment
to be as close to the excavation as possible.
C. Aggregate:
The current plan for processing aggregate utilizes a bulldozer pushing the
uncovered aggregate material to a trap feeder, which- via a series of conveyors - feeds
the material to a screening and crushing plant. The material is crushed and sized into
various products, which are then stockpiled on site. The equipment typically used for
this type of material processing includes a portable generator, multiple crushing and
screening plants, and conveyors. The crushing and screening plants utilized by Midwest
Asphalt Corporation are portable in nature. They can be moved within the extraction
area as well as in& out of the operation as needed to replenish the product stockpiles.
Once the products are stockpiled,we will use front-end loaders to place the
material into over-the-road trucks,which haul the materials to either Midwest Asphalt
Corporation's production plants,job sites,and use for our external customers.We will also
as needed use a water truck and road grader on our haul road to 221st Ave.
5. Estimated Daily Truck Traffic& Traffic Route:
Estimated Average daily number of vehicles accessing the facility:
40
Estimated peak daily number of vehicles accessing the facility:
210
Estimated operator-owned vehicles:
1/3 of vehicles could be operator-owned
Estimated non-operator owned vehicles:
2/3 of vehicles could be non-operator-owned
Traffic Route:
Material removed from the excavation site shall be transported within the city
exclusively upon the following haul route: 221'Ave. east to Highway 169
(Except for localized jobs or customers with localized jobs)
6. Description of Wells, Sewer Systems &Power Lines:
There is NO well on the property or private sewer systems located on the property.A
portable toilet will be on site and maintained during site activity.
There is one power line that runs along the property line on the east side. This power line is
pole mounted. Embankments are maintained and inspected regularly.
There is one underground power supply line from 22 1St Avenue to the pit entrance for supplying
power to the job trailer for lights and fuel pump.
7. Description of Ground Water, Surface Water,Drainage Patterns,Air Quality:
Ground Water
The mining operation employs a variety of screening, crushing, and conveying
equipment, including loaders and dozers. The lubrication, fueling, and repair practices used
to maintain the equipment are designed to eliminate petroleum products from ground contact.
The Storm Water Pollution Prevention Plan(SWPPP) addresses practices for proper storage,
hauling, and use of petroleum products, as well as inspection and response procedures.
The pollution prevention practices addressed on-site management planning to
minimize the opportunity for infiltrating water to carry contaminants to groundwater. Plant
foremen perform site inspections throughout the operating period. Observations and
conditions are reported for all applicable environmental programs. Rain that falls in the
mining area will be contained and allowed to seep naturally into the pit floor or be directed
to on-site containment areas. When and where necessary to prevent surface runoff from
entering the excavation, temporary small, earthen berms will be constructed to direct surface
water flow from the active mine site.
Surface Water
The Minnesota Pollution Control Agency's Storm Water Pollution Control Program
regulates this mining operation. Midwest Asphalt Corporation has an existing storm water plan
for aggregate operations that employs Best Management Practices(BMP's)for pollution
prevention. The management practices listed in the plan addresses both petroleum products
handling and erosion control, including the on property containment of storm water runoff for
suspended solids control.All storm water and spring snowmelt water from within the mining
operation is contained either in the excavation or on-property containment areas with overflow
pipes.
Drainage Patterns
The only water leaving the site from the active mine area is the rainwater that falls on
approximately one block of paved road which is swept as needed or that falls on undisturbed
woods & meadow land. Site is inspected monthly when operating. All Trash is collected.
8. Air Quality
The Minnesota Pollution Control Agency regulates crushing and screening
operations at the site. The processing equipment is in compliance with the opacity
requirements of the New Source Performance Standards and is permitted under the
Aggregate General Permit. The general permit provides flexibility for using different
processing configurations and various pieces of equipment, depending on the type of
product being produced. It outlines production requirements, including record keeping,
employee training,noncompliance prevention, and fugitive dust abatement and control
measures that must be maintained for compliance with the permit. Records of daily,
monthly and year-to-date production information is available for inspection. Water is
used to supplement moisture for control of fugitive emissions. Water for dust
suppression at this operation will be obtained from an on-site source.
9. Copies of MPCA application documents and operating permits
The Storm Water Pollution Prevention Program concentrates on identifying potential
pollutants on the construction site and adopting management practices that eliminate their
contact with storm water. The following outline was used as a guideline to develop an
effective and Junctional program for pollution prevention.
1. Identify potential sources of storm water contamination on the construction site.
A). 92 Fuel Oil
i. Spills during equipment refueling
ii. Bulk shipment deliveries - overfill
iii. Broken or leaking fuel lines and hoses
B). Lubricating Oils
i. Overfilling gearboxes
ii. Leaking seals on mechanical equipment
iii. Engine breather pipes
iv. Spills during oil changes
v. Improper storage of oil inventory
Q. Grease
i. Over greasing bearings and wear surfaces
ii. Improper disposal of cleaning towels
D).Aggregates
i. Pile runoff not contained on site
ii. Poor storage technique
E). Antifreeze
i. Leakage from damaged radiators
ii. Overfill/spill
2. Runoff
A). Whenever possible,plant location is chosen such that site runoff from the
immediate plant area is contained onsite by natural impounding. In cases where
natural impounding is not available,berms will be constructed to provide
containment from immediate plant area.
B). Whenever possible, aggregate piles will be located such that storm water runoff
from the pile area will flow into a settling impoundment to reduce turbidity
before exiting the site.
3. Nine(9)Best Management Practices (BMP's)were incorporated into the plan
that encompass the operation of rock and gravel crushing and processing plants,and
areas adjacent to the plants that may be impacted by the operations. They are:
I. Education - Eliminate human error as a factor in pollution prevention
II. Inspection and supervision
III. Communication and supervision
TV. Selection of plant sites based on environmental factors
V. Proper storage of petroleum products-eliminate exposure to storm water.
VI. Perform routine and repair maintenance as needed to eliminate leakage from
mechanical components.
VII. Use available resources to contain common spills.
VIII. Construct bermed containment areas when needed to fulfill intent and purpose of the
plan.
TX. Erosion control prevention
The practices listed have been expanded in the plant to address specific areas of
concern.Plant operators or supervisors have the option to expand or adapt particular
practices to best serve the intent of the plan at a specific site.
STROM WATER POLLUTION PREVENTION PLAN
IMPLEMENTATION OF BEST MANGAMENT PRACTICES(BMP's)
1. Education
a. The storm water pollution prevention plan is reviewed at the January production
meeting. The intent of the plan is stressed,and changes or improvements are noted. The
plan is discussed and ideas are exchanged for plan improvement. Any new ideas that
contribute to the intent of the plan are included in the written storm water pollution
prevention plan.
b. Midwest Asphalt Corporation holds employee spill training before beginning seasonal
operation to instruct all plant personnel in safe petroleum product handling,proper
maintenance procedures,and routine inspection of the plant during operation.Personnel
are encouraged to take a pro-active role in prevention of spills. Good housekeeping
practices are stressed for the control of minor drips and leaks from daily maintenance
and operation.
2. Inspection and Supervision
a. Portable plant site operations will be inspected monthly. The plant foreman or
supervisors may conduct the inspection. The inspection shall be conducted after a
significant storm event to evaluate the effectiveness of the management practices
employed by the plant to eliminate the contamination of storm water runoff. Any
changes in procedure that are deemed necessary to improve plan performance will be
noted on the written plan and incorporated in the general operating procedure
immediately. Changes to the plan may be site or plant specific as needed to improve
plan performance.
b. The plant operator will inspect the plant site each day of operation. This will consist of
a pre-startup inspection,continuous monitoring during operations and a post shutdown
inspection to insure that all plant equipment is functioning properly, all valves are
closed,and significant materials are properly stored and secure before leaving the
plant site.
c. The plant operator or other responsible employee will supervise all bulk fuel
deliveries to the plant.Fuel transfers,including hose connect and disconnect from the
receiving tank will be monitored to insure that spills do not occur.Plant personnel will
assist tanker drivers as needed to provide safe and effective transfer of fuels.
d. Refueling of plant equipment will be monitored at all times to eliminate
overfilling.
3. Communication and Response
a. Emergency response plan for spills is posted in the control house or the repair trailer
of the plant. The primary order of contact is listed.Plant operators and employees
are aware of the location of the listing and follow the outlined procedure in a spill
response situation.
b. Plant personnel will respond immediately to spill situations to mitigate the effects
and isolate/control the source of spill. Operations will be immediately shut down
when necessary to redirect on-site resources and manpower in spill response.
c. Company contact personnel and emergency phone numbers are posted in the control
house or repair trailer to provide operators with immediate access to company support.
Company contact will be established as soon as possible after the spill.
d. Emergency supplies are listed with phone numbers for spill support services,
including contaminated water pumping and removal service.
e. Company representative follows state and federal reporting requirements.
Documentation of spills is included in the plant record.
4. Selection of Plant Sites
a. Plant locations will be chosen on the basis of operational considerations and
environmental impact.Alternate plant sites are considered when necessary to reduce
risk of surface or groundwater contamination.
b. Plants will be located as far from potential receiving waters as possible.
c. Whenever possible,the plant will be located in a pit or quarry that provides natural,
on-site containment of storm water runoff. Efforts are made to locate the plant such
that immediate plant area runoff is separately contained from surrounding area
runoff.
d. In locations where there is increased environmental sensitivity because of proximity
to receiving waters, lack of natural containment,or other critical factors,berms or
diking will be constructed that will contain runoff from the immediate plant area.
5. Petroleum Product Storage
a. All fuel tanks shall have drip pans or sorbent material available for nozzle storage
between refueling.Double walled tank on concrete pad is used tank and hoses are
inspected daily for integrity.Any problems are corrected.
b. Lubricants and grease are stored in repair or service trailer until needed. Storage area is
secured at the end of the operating cycle.
c. Drip pans and contaminated sorbent material are replaced at the end of the work shift
and at the onset of precipitation to eliminate storm water exposure to petroleum
products. Containers are located in the service trailer for storage of used sorbents and
other cleanup materials.
d. Used oil,and grease containers from equipment service and repair, is stored inside
the plant service trailer until collected for off-site disposal.
6. Repair and Maintenance
a. Engines and gearboxes will be inspected and serviced as needed during the offseason to
eliminate leaking seals, fuel lines, and gaskets. Leaks that develop during operation are
contained by drip pans, sorbents, or other acceptable means,until company
maintenance personnel repair the problem.In cases where continued operation may
cause uncontainable fluid losses,plant operations will cease until the problem is
corrected.
b. Plant employees are instructed in proper lubrication procedures for plant equipment.
Manufacturers specifications are followed to eliminate over-fills of gearbox and
crankcases. Greasing of bearings and wear surfaces is carefully monitored to eliminate
unnecessary grease contact with the ground. Overflow from bearings is collected and
disposed of with contaminated sorbent material.
c. Routine engine oil changes will be done with adequate sorbent material to provide
for drips and spills associated with maintenance operation. Waste oil will be stored
in spill proof containers in the service trailer until picked up for off-site disposal.
d. Any leaks that develop during the course of operation may,at the operator's
discretion,be contained with drip pans or petroleum sorbent material,as long as plant
operation ceases prior to a storm event and containment vessels are cleaned and free
of petroleum to prevent contact with storm water.
e. Repair and maintenance procedures will be conducted in the service trailer or outside
with adequate containment for degreasing and cleaning.Petroleum sorbent material
will be available as needed to supplement containment.
7. Use of Available Resources
a. Housekeeping supplies,including drip pans, are kept on inventory in the repair trailer
at all times.All plant personnel have access to materials and are instructed in their use.
b. All plant personnel are available to respond to petroleum spills as needed.
Additional response personnel may be obtained from field crews working
adjacent to the plant if needed.
c. If necessary,plant loader may be used to construct temporary berms or place
aggregates for absorbing free flowing liquids.Loaders can be used for backfilling
and to remove impacted soils or aggregates.
d. Plant Foreman,Job Superintendent or other responsible company officials may obtain,
mobilize, and utilize any additional resources deemed necessary to mitigate the effects
of a petroleum release. This may involve subcontractors,additional equipment, or
additional personnel as needed.
8. Construction of Containment
a. When a plant must be placed in an area where natural containment does not occur,the
plant siting crew, foreman,or superintendent may elect to construct berms or
temporary basins for collection and control of stonn water.Necessity of construction
will be based on slope of plant site, area drained, soil type,and proximity to receiving
water. Other influences may be considered on a site-specific basis as needed to fulfill
the purpose of the plan.
b. Plant personnel will inspect water collected in the on-site basins for evidence of
petroleum sheen or odor. If no evidence of contamination is apparent,the water may
be released by gravity flow or by pumping. Release of water must be done in a
manner that will not induce erosion or release water with high sediment loadings into
receiving water. Water collected in on-site basins that shows evidence of petroleum
contamination will be pumped into disposal tanks for transport to approved disposal
facilities. Company environmental supervisor will be notified before removal and
disposal of contaminated water. Any water releases will be documented in the plant
record.
c. Berms constructed for containment during plant operation will be removed,regraded or
opened after the plant is removed from the site to prevent unsupervised water
collection. Collection areas may be recontoured and seeded during site reclamation or
separately.
9. Erosion Control Prevention
a. Bales, silt fences,and settling ponds are utilized to mitigate and eliminate erosion
from potential problem areas.
b. Aggregate stockpiles are kept at a manageable slope gradient to reduce erosion.
c. Temporary seeding will be used to control critical area erosion,as needed,on a site-
specific basis. Critical areas may include stockpiled topsoil and non-traffic areas that
will support vegetation.
d. Contours of temporary plant sites are graded to minimize runoff to critical areas
including waterways and stockpile areas.
11. Reclamation Plan:
Overburden&Topsoil that was removed from the mining extraction and placed in
earth berms will be used in reclamation plan as well as the excess fines.
The reclaimed pit slopes shall be not more than One(1) foot vertical to Four(4)
foot horizontal. Excess fines and overburden will be used for sloping and leveling. A
minimum of three inches of topsoil will be placed and graded to the depleted areas and
seeded.
Office of the County Recorder
Sherburne County,MN
Doc. No. 621697
Certified filed and/or recorded on
05-19-2006 at 02:30
ch- Ashe,County Recorder
1a eputy Fee:$ 48.00
621697
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of Midwest Asphalt Corporation
Request: Conditional Use Permit for Mineral Excavation
Case No.CU 06-04
ORDER GRANTING
CONDITIONAL USE
Richard B.Bury,Owner
The above entitled matter came to be heard before the City Council on the 17th day of April
2006,on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance,for
the following described property:
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
See Attached Agreement for Issuance of a
Conditional Use Permit for Mineral Excavation
DATED this 17th day of April,2006.
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STATE OF MINNESOTA ) OFFICE OF CITY PLANNING
AND ZONING
COUNTY OF SHERBURNE) ss.
ELK RIVER
CITY OF ELK RIVER
I, Scott Harlicker, Senior Planner for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office,and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2)years after its date of issuance,the permit shall expire and become void
except that the Council may,following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if for any reason,the authorized use ceases for more than one(1)year.
. yt_
Scott Harlicker
Senior Planner •
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand 'at Elk River,
esota, in the County of Sherburne, in the City of Elk River, on the �r r day of
1006.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River,Minnesota 55330 this /?' day of ,2006.
, WORT NAG•fiii l
BOMA"Mae
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CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
•THIS AGREEMENT, made and entered into this 17 day of ,
2006, by and between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (City), and Midwest_A yhalt. 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:
The East V2 of the Northeast 1/4, Northwest Y4 of the Northeast 1/4 East of the
Rail Road, and. Southwest Y of the Northeast 1 East of the Rail Road.
Section 9, all in Township 33,Range 26, Sherburne County, Minnesota.
Pt of the Southeast 1/ of the Southeast 1 which lies Sely of the Sely Line 200
ft wide strip of Land, Its Centerline Des as follows: Com at Southeast corner
Thence South 89 Deg 42 Min 21 Sec West, Along South Line A Distance of
1279.14 Feet to Pb of Said Center Line to be Des: Thence North 26 Deg 33
Min 44 Sec East,A Distance of 1212.16 Ft: Thence Nely A Distance of 238.84
Ft Along a Tang Curve, Concave to Northwest, with central angle of 04 Deg
46 Min 37 Sec and a radius of 2864.79 Ft, to intersection with N line & there
term. And which lies Sely of that pt of centerline of 221st Ave Des Doc
#317893. Section 4, 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
-
Page 2
WHEREAS, the City Council by motion adopted, 444/ 7
, . 2006,
approved a conditional use permit for the operation off 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
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writing within four (4) working days of the violation. The
Operator shall notify 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.
(04) The license shall be renewed annually and shall run from June
let 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 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
a. Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
Operator.
b. Each year a plan for that year's reclamation shall be
approved by the Environmental Administrator prior to
issuance of the mineral excavation license.
c. The reclamation shall include topsoil from the site being
preserved and put back into place after mining.
d. Revegetation of the property shall include seeding with a
mixture approved by city staff accompanied by a nurse
crop or approved mulch. The vegetation established for
the reclamation must be maintained until it is self-
sufficient.
e. Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the plans
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Page 4
submitted and the City ordinance at the time of
reclamation. Additional measure as determined by city
staff may be required.
(10) Traffic
a. Except for localized jobs, traffic through Elk River
associated with the Operation shall be limited to U.S.
Highway 10 and 169. The Operator will route traffic from
the Operation to 22181 Ave NW and Highway 169 as
directed by the Minnesota Department of Transportation
or the City of Elk River.
(11) Dust Control
a. 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.
b. All equipment shall be located as to reduce dust to
adjacent properties.
c. A water truck shall 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.
d. 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.
(12) Hours of Operation
The operator will be allowed to mine, process and sell product on
the site from 6:00 a.m. until 2:00 a.m. and maintain equipment
24 hours a day, as long as the Operation does not constitute a
nuisance to surrounding properties as determined by city staff.
If complaints can not be resolved, the Environmental
Administrator may, as a remedy, adjust the hours during which
mineral excavation activities are conducted, ultimately
reverting back to the normal hours of 7:00 a.m. to 7:00 p.m.,
Monday through Saturday. Upon approval of the
Environmental Administrator, or his/her designee, sale (hauling
product off site) may occur outside of the permitted hours (on a
temporary basis not to exceed seven (7) days) to address an
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unique situation. Alternatives to back-up alarms will be used
from dawn to dusk.
(13) Noise
a. 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.
b. Noise levels associated with this Operation shall at no
time exceed State standards.
c. The City reserves the right to require additional
measures be taken, if warranted by noise.
(14) 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.
(15) 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) 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 shall include:
a. The Operator shall file with the City an Emergency Spill
Prevention and Counter Control Plan and a Storm Water
Pollution Prevention Plan as may be required by other
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governmental entities. The Operator shall adhere to
these plans in the event there is a spill.
b. The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
c. Fuel tanks shall be above ground, properly diked (if
required by law), and registered with MPCA.
d, 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.
e. The appropriate storm water permits (NPDES) shall be
obtained by the Operator from MPCA and copied to the
City.
f. The wells located at the site shall be monitored once a
year for diesel range organics (DRO). Mining activities
shall not take place closer to ground water levels than
indicated in the plans submitted without amending this
conditional use permit; however, if mining is proposed to
occur below the water table in the future, the above
referenced wells shall be monitored for DRO prior to
excavation activities commencing and after their
cessation each year. Further, in the event of a spill,
appropriate water tests (as determined by the city) will be
taken until the spill is deemed clean by the city.
g. Except for minor repairs, maintenance of vehicles and
equipment shall take place in the Operator's shop. The
Operator shall have an approved hazardous waste license
for this facility and properly dispose of all waste.
h. A minimum of a two-celled system to recycle water from
the wash operation shall be utilized.
Each year, groundwater levels shall be monitored prior to
start of wash operations and an additional three (3) times
during the first week of said operation to predict the long
term effects of the pump operation. Thereafter, the
aforementioned well shall be tested a minimum of twice
per month, said frequency to be increased during dry
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periods. A drop in water level of twelve (12) inches or
more shall be immediately reported to the city.
j. Water usage by mining activities shall not adversely
affect adjacent wells. Mitigative measures may include,
but are not limited to, curtailing of pumping activities
until water levels return.
(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
The Operator shall fence the entire perimeter of the site with a
four (4) foot high fence with support post every ten (10) feet.
(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 15th, not leaving roots exposed and avoiding mechanical
damage on remaining trees.
(21) Berming
The Operator shall erect berms adjacent to 2219t Ave as required
by the City of Elk River.
(22) Setbacks
Normal mining setbacks are 50 feet from property lines. The
Operator has agreed to 200 feet setbacks in the areas indicated
on the map dated February 1, 2006.
(23) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
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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: Environmental Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: Midwest Asphalt
ATTN: Blair Bury
PO Box 5477
Hopkins MN 55343
(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.
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,
Page 9
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:
Midwest Asphalt
ALf .... 1 , gt
By:, _ ! k1...: t (— . • By: , 4.
Its: M!,yor "P Its: Blair B. Bu i~_ President
i
By: _./8246,0==.0___
Its: City Administrator
STATE OF MINNESOTA
88.
COUNTY OF SHERBURNE
T e fore ing instrument was acknowledged before me this LE lay of
2006, by Stephanie A. Klinzing, the Mayor of THE
ITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
1 .
A _ At4t/—A II Lt, .0, . ,..ir"1—.,
Notary Public /
• DEBORAH KAY ' 1-4'
HOMY MIX-S MOM
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Page 10
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The oregoing instrument was acknowledged before me this //tay of
..Q , 2006, by Lori Johnson, the City Administrator of THE
CIZ OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
DEBORAH KAY IU=
My commilim Wahl.31.90!! 1(01/110%
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF Lift
The foregoing instrument was ar owle9lged before me this day
of 11610...4.r- , 2006, by if 41 , the
V.Pkia of Midwest Asphalt, a Minnesota corporation, on
behalf of the corporation, fee owner of a portion of the subject property
and Operator on the subject property.
BARBARA M KING
Notary Pou! id.
irruerha.. e4A-CLA--m .
my Carnintadon Expires.rhrs,-•; 34 10/0 Notary Public
~pt�J V
v.4:
This instrument was drafted by: City of Elk River
Environmental Division
13065 Orono Parkway
Elk River, MN 55330
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