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5.3 PCSR 01-24-2017E lls River` Request for Action To Item Number Planning Commission 5.3 Agenda Section Meeting Date Prepared by Public Hearings January 24, 2017 BrieAnna Simon, Planner Kristin Mroz, Environmental Technician Item Description Reviewed by Tiller Corporation — PID 75- 103 -1300 Zack Carlton, Planning Manager • Zone Change adding ME Overlay District, Case Reviewed by No. ZC 17 -01 • Conditional Use Permit for Mineral Excavation, Case No. CU 17 -02 Action Requested Recommend, by motion, approval of the Conditional Use Permit (CUP) with the following conditions: 1. If the proposed site improvements described in the application and Conditional Use Permit have not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 2. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3. The applicant must apply for and receive approval of all required permits before any construction may begin. 4. A mineral extraction license shall be obtained annually. 5. Setbacks of 50 feet from Baldwin Ave and PID #75 - 103 -3100 shall be maintained. Setbacks of 30 feet from US Hwy 169 and PID #75 - 103 -4201 shall be maintained. Setback of 30 feet from the north property line, unless mining collaboration agreement across property lines is confirmed. No mining activity shall be permitted within the setback area without staff approval. 6. The need of buffering and /or screening in light of surrounding land uses shall be evaluated at the time of annual license renewal and shall be installed when directed by the City to protect surrounding land uses. 7. The applicant shall be responsible for the cost and construction of all road improvements, including turn lanes, as required by the Township, Sherburne County or MnDot. The City reserves the right to require the applicant to pay for road maintenance of haul routes. 8. The applicant shall work with the City Engineer to locate the berming along Baldwin Street NW. 9. Wash operations shall not be permitted unless a plan for protecting ground water and surrounding environment is approved by the city's environmental consultant. 10. Dust control is required for all roads and within the site in accordance with air pollution standards and to ensure dust does not create a public nuisance or otherwise adversely affecting adjacent properties. 11. All activities on the site shall be conducted in a manner that is consistent with operating permits issued by the City, county, state, federal and other agencies. A copy of any and all permits related to the operation of the site shall be submitted to the City for their reference. 12. Vehicles and equipment not in operable condition or materials not associated with the mineral extraction /excavation activity shall not be kept or stored at the site. iawERfu sr 4A UO'E 13. The site shall be mowed or maintained to control noxious weeds and other vegetation. Existing trees and ground cover shall be preserved to the maximum extent possible. 14. Fencing shall be installed during extraction operations to ensure the safety of the public and environment as determined by the city engineer and environmental staff. 15. Hours of operation shall be allowed to be six (6) days a week, 24 hours a day, Sundays and holidays excluded. 16. A reclamation plan that reflects the 63 acres operation shall be approved by the city and completed within six months of case of operation. 17. A letter of credit or bond in the amount of $157,500 shall be provided to ensure reclamation is completed within six months of case of operation. Background /Discussion The applicant is seeking a Zone Change to Mineral Excavation Overlay and a Conditional Use Permit (CUP) for Mineral Excavation on approximately 63 acres along Baldwin Avenue and near the northern limits of Elk River. Site operations will include stripping, extraction, processing, and recycling of concrete and asphalt reclamation. Materials suitable for reclamation will also be blended onsite with excavated aggregates. Zo� The subject property is currently zoned Commercial Reserve Transition (CRT) and the applicant is proposing to add the Mineral Excavation overlay district to the site. The Mineral Excavation district allows for mining operations with approval of a CUP. Surrounding properties are used for mining and residential uses. Staff does not have any concerns with impacts to the surrounding area. Transportation /Access Access to the site will be via Baldwin Avenue, which borders the eastern side of the project area. This access point will be shared with the mining operation to the north. Most traffic will travel south along Baldwin, and turn onto 225`h Ave NW, which intersects Highway 169. All operation activities will meet road restriction rules. Hours of Operation The proposed hours of operation are 24 hours a day except for Sundays and holidays. The site will be subject to the MN State noise standards and will comply with the stricter night time standards during the period from 7:00 p.m. to 7:00 a.m. as defined by MN Rules Chapter 7030, Noise Pollution Control. Setbacks The setbacks as they apply to this project are 50 feet along Baldwin Ave and the first 540 feet from the southern property line from the southwest corner adjacent to PID #75- 103 -3100. Also, the setback of 30 feet is required along the property line adjacent to US Hwy 169 and the first 1,150 feet from the southern property line from the southeast corner adjacent to PID #75- 103 -4201. Because mining is occurring on properties to the north, it is suggested that mining permitted within the setback areas to avoid a windrow situation along the property lines in collaboration with mining operations to the north. Setback from the property line to the north will be 30 feet, unless mining collaboration agreement across property lines is confirmed. Environmental Review An Environmental review was completed for a gravel mine operation on November 7, 2016. N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -01 Tiller \4Planning Commission \CU 17 -01 Tiller PC Reportdocx Sunde Engineering More detailed information on the proposal can be found in the applicant's narrative as submitted by Sunde Engineering. Applicable Regulations Zone Change Sec. 30 -1835 describes the process for establishing a Mineral Excavation Overlay District. The zone change shall only be approved upon a finding that: (i) the requirements set forth in section 30 -575 of this article have been met; (ii) the proposed zone change is consistent with the city's comprehensive plan; (iii) the proposed mineral extraction activities will fully comply with the applicable standards and requirements set forth in chapter 42, article II, division 2 of this Code; and (iv) the proposed activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property or use. Staff s analysis shows compliance with the findings above. If a recommendation of denial is made, specific concerns must be stated. Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The proposed use will not detrimentally affect nearby property as the use fits with the intended use of the development and is located adjacent to other mineral excavation establishments. The annual permitting process takes neighboring properties into account. 2. mill be consistent with the comprehensive plan. The use is consistent with the comprehensive plan. The proposed use fits the mineral excavation guidance for the property through the Gravel Mine Area Study completed in 2014. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. The proposed use will not affect the surrounding Commercial Reserve Transition (zoning district) and Development Reserve (land use). This area of Elk River and the surrounding Livonia Township land is largely used for gravel mining and landfill operations. 4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fireprotection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create trac congestion or interference with trac on adjacent and neighboring public thoroughfares. The facility will not be served by city services and there does not appear to be any other potential impacts to public facilities or services. Baldwin St. NW and 225`'' Avenue NW are currently used for gravel mine hauling from neighboring operations. This operation will meet road restriction rules. N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -01 Tiller \4Planning Commission \CU 17 -01 Tiller PC Reportdocx 5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. This proposal underwent an Environmental Assessment Worksheet (EAW) with the City of Elk River to determine the potential environmental effects of the operation. The city determined that the proposed operation would not result in non - reclaimable environmental degradation. The conditions outlined in this CUP are in place to minimize the effects of noise, odors, and dust that are common for gravel mine operations. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. This proposal underwent an EAW with the City of Elk River to determine the potential environmental effects of the operation. The city determined that the proposed operation would not result in non - reclaimable environmental degradation. The reclamation plan developed by the operation will return the property to environmental standards. No historic features were identified through the EAW process. 7. mill fully co*y witb 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 applicant is required to comply with all other sections of the code and must apply for all required building permits in addition to the Conditional Use Permit. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30 -654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Attachments • Location Map • Zoning Map • Zone Change and CUP Application December 2016 • Phase Map • Setback Map • Reclamation Map ■ EAW Resolution November 7, 2016 N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -01 Tiller \4Planning Commission \CU 17 -01 Tiller PC Reportdocx 40WW rir i t.r R.17.P........... + r.r... ................. r.r.ri aW• r. r���sr���. �x�ririr�+ w���� .�,r��ir�ri���xrx�iririr•�. rx�ir�r.r� �I� •�r.� 1wk � t R ,p 5 F _ �• .. q Tiller Case 17-01 & CU 17-01 Zone Change cSz Conditional Use Permit River Elk Existing Zoning Map Proposed Zoning Map December, 2016 Conditional Use Permit Elk River Sand and Gravel Mine Tiller Corporation Elk River, Minnesota Consulting Civil Engineers Sunde Engineering, RECEIVED 14830 Nesbitt Avenue South Bloomington, omingtonon, Minnesota 55437 -3100 Phone: (952) 881 -3344 • Fax: (952) 881 -1913 • E -Mail: info @sundecivil.com DEC 2 0 2016 TILLER CORPORATION APPLICATION FOR ZONE CHANGE TO MINERAL EXTRACTION OVERLAY AND A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION ELK RIVER, MINNESOTA 1.0 INTRODUCTION /PROJECT SCOPE Tiller Corporation (Tiller) is requesting a Zone Change to Mineral Extraction Overlay and a Conditional Use Permit (CUP) for Mineral Extraction on property located in the very northern portion of Elk River. Site operations will include stripping, extraction, processing, recycling of concrete and asphalt and reclamation. In addition, materials suitable for reclamation or blending with onsite aggregates to achieve certain gradations may be imported. The property encompasses 63.0 acres and includes two separate parcels (Site). The easternmost parcel is bisected by Baldwin Street Northwest (Baldwin) and only the portion of this parcel lying west of Baldwin is included in this application for rezoning and CUP. An application for a lot split of this parcel has been submitted under separate cover. Figure 1: General Location Map, illustrates the project Site general location. 2.0 SITE INFORMATION 2.1 Legal Description of Property: See Attachment 1 2.2 Name and Address of Operator: Tiller Corporation 7200 Hemlock Lane, Suite 200 P.O. Box 1480 Maple Grove, MN 55311 -6480 (763) 425 -4191 2.3 Name and Address of Property Owner: Schulze Family Farm Limited & North Family Limited Partnership 43611236 th Lane Aitkin, MN 56431 2.4 Names and addresses of all adjacent landowners within 350 feet of the Site: See Attachment 2 3.0 Zone Change Request Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page I 1 City of Elk River 3.1 Purpose of Zone Change: The zoning change will allow the issuance of a CUP for Mineral Extraction. The proposed mineral extraction activity is described fully in Sections 4.0 -6.0 below. 3.2 What has changed to warrant the Zone Change: When the Mineral Extraction Overlay was originally created, property owners could choose to be included if they so desired. At that time, the owner of this property made a choice to not include the property since they knew they could request inclusion at a future date. Tiller has completed exploration on the property and it has been determined that the property contains a high quality deposit of sand and gravel and has entered a purchase agreement with the property owner. Therefore it is an appropriate time to request inclusion into the Mineral Extraction Overlay. 3.3 Consistency with City of Elk River Comprehensive Plan: The Future Land Use Plan within the City of Elk River's Comprehensive Plan' identifies the future land use of the Site as Mining and Development Reserve. The planned land use of the Site is designated as Mining /Development Reserve on the Future Land Use Plan of the Elk River Comprehensive Plan. The Elk river Comprehensive Plan serves as a guide far the City to make decisions regarding the type, location, and density of future development within Elk River. It also serves as the foundation for updating the City's Zoning Ordinance and Zoning Map. The primary objective of these land use categories is to allow mining the land and to subsequently address future land use when development becomes appropriate. Figure 2: Future Land Use, illustrates the future land use of the Site and surrounding area as adopted by the Comprehensive Plan. According to the Comprehensive Plan, areas designated Mining are currently being mined or, in the case of the Site, are set aside for future mining. The Elk River Comprehensive Plan indicates that the majority of the mining resources in these areas will be extracted over the next 10 to 40 years. The Site will be active for an estimated 30 years or more based on market demand. Areas designated Development Reserve are outside of the urban service area and will have various development opportunities in the future when mining is complete and services are available. The Site, therefore, is consistent with the goals and guidelines established by the Elk River Comprehensive Plan. The Comprehensive Plan also addresses natural resources. The plan includes a guideline to continue to allow gravel mining in the designated mining areas to make full use of these natural resources. The Natural Resources Plan indicates that the Site is not located in an area with biodiversity significance. The City of Elk River completed a Gravel Mining Area Land Use, Transportation and Utility Plan in 20151. (Gravel Mine Area Study) The Gravel Mine Area includes the Site. The purpose of the plan was to develop a vision for future land use, transportation and utility plans forthe gravel mining area to 1 WSB Associates, Inc. Elk River Comprehensive Plan, May 2014. '- City of Elk River, April 6, 2015. Gravel Mining Area Land Use, Transportation, and Utility Plan retrieved on line at http: / /elkrivermn.gov /index.aspx ?nid =1239. Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 12 City of Elk River be relied upon as mining operations draw to a close and transition into final development. The study is intended to be utilized in conjunction with the City of Elk River's Comprehensive Plan. The Site is compatible with the goals of the Gravel Mine Area Study. The study included the timing of availability of urban services and divides the Gravel Mine Area into two Urban Services Areas: 20 Years, and Beyond 20 Years. The Site area is located in the Beyond 20 Years designation which is consistent with the anticipated 30 -year life of the Site. Planned transportation improvements include long term plans of converting US 169 to a freeway system. This includes the construction of interchanges, including one at 221St Ave., and a network of frontage and backage roads to connect to freeway access points. The plan includes a new alignment for a frontage /backage road through the Site area to be constructed beyond 2040. The Reclamation Plan for the Site has been developed to accommodate the future roadway alignment. 3.4 Compatibility with Surrounding Properties; Surrounding properties are characterized by mining, open space, agricultural operations and landfill. The proposed use is compatible with surrounding property uses 3.5 Benefits to the City of Elk River: The zone change and approval of a CUP begin fulfilling the visions considered by the Comprehensive Plan and Gravel Mine Area Study. In addition, the Site will allow the mining and processing of a high quality deposit of sand and gravel that will be processed for use as construction aggregates to serve the growing demand within the local area and the City of Elk River. 4.0 CONDITIONAL USE PERMIT REQUEST 4.1 Purpose of Extraction: The purpose of the extraction is to remove and process high quality deposits of sand and gravel to provide aggregate material for use in various construction materials and projects throughout the northwestern metropolitan area. The aggregate produced at the Site will be used for roads and buildings in both the public and private sectors. Aggregate from the Site may be used in the production of hot and warm mix asphalt, ready -mix concrete, pre -cast concrete, aggregate base, general fill, and ice control. 4.2 Estimated Time Required to Complete the Proposed Extraction: The Site will be active for an estimated 30 years or more based on market demand. This time frame is consistent with the Elk River Comprehensive Plan 4.3 Transportation Routes: Access from the Site will be to Baldwin, which borders the eastern boundary of the Site. The access will be shared with the mining operation to the north once they begin their operations. The majority of traff ic is anticipated to go south on Baldwin to 225th Avenue NW just over one -half mile to United States Highway 169 (US 169). At the intersection with 225th Avenue NW, US 169 has northbound and Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 13 City of Elk River southbound right and left turn lanes, and northbound and southbound acceleration lanes. Traffic from the Site will go both north and south on US 169. Tiller will work with the Minnesota Department of Transportation (MnDOT) and the City of Elk River in developing US 169 corridor improvements, including the need for a new interchange and frontage /backage roadways that may be necessary in the future through or near the Site. 4.4 Site and Surrounding Area: 4.4.1 Physical relationship of Site with respect to the community: The Site is located in the very northern portion of the City of Elk River and immediately east of US 169. The surrounding area is characterized by mining operations, the Elk River Landfill, agricultural operations and rural residential land use. Figure 3: Site and Surrounding Area, is an aerial photograph that illustrates the location of the Site with respect to the City of Elk River. 4.4.2 Site analysis: The Site has irregular topography characterized by open space with brush, grassland, and some wooded areas. The US 169 highway corridor borders the western perimeter of the Site. A five foot wide ATV trail and overhead electric lines run along the western boundary of the Site. Baldwin borders the southeastern perimeter of the Site. Overhead electric and underground communications lines run along the southeastern boundary of the Site. The elevation of the Site varies from about 972 to 1,048 feet above mean sea level (msl). Naturally occurring slopes range from 4 -50 percent across the Site. The average depth of topsoil is approximately one foot with an average of three feet of silty overburden over the sand and gravel deposit. The Site is not located within a floodplain and there are no watercourses or wetlands on -Site. There are no buildings or structures on the Site. There is a wind turbine located approximately 1S0 feet south of the Site and some rural residences located on adjacent properties to the south, southeast and north of the Site. Figure 4: U.S.G.S. Quad Map Excerpt, illustrates natural features of the Site and surrounding area. 4.4.3 Estimate of Quantity of Material to be Mined: The estimated net quantity of material to be excavated is approximately 8 million cubic yards. 4.4.4 Depth of Water Table: The elevation of the water table ranges from about 956 feet above msl in the southwestern portion of the Site to about 958 feet above msl in the northeastern portion of the Site. The direction of groundwater flow is towards the southwest. Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 14 City of Elk River 4.4.5 Average thickness of overburden The average thickness of overburden is estimated to be three feet, based on soil borings taken across the extent of the Site. 4.4.6 Detailed Map of Haul Routes Figure 5: Haul Routes, illustrates the extent of the haul routes within the City limits. Local roads will be used for approximately % mile to access US 169. County and state highways will be used for the majority of hauling. Local roads, beyond Baldwin to 225th Avenue NW, will be used only as needed for local deliveries. 4.5 Plan of Operation: Active mining will begin by stripping topsoil and overburden from a portion of the Site. Overburden and topsoil will be shaped into perimeter berms. To reduce exposed soils and the potential, dust, sedimentation and erosion, stripping and construction of berms will occur in phases as mining progresses through the Site. Berms will be constructed to maintain existing drainage patterns. Extraction of the aggregate deposit will be accomplished with loaders, dozers, excavators and off - road trucks. Mining will extend into the water table. Sand and gravel will be mined below the water table using wet mining methods; a backhoe, drag line or dredge. The depth of excavation below the water table will range between 50 feet and 100 feet depending upon the quality of aggregates encountered and equipment utilized. Mining below the water table may occur over any portion of the floor of the mine. Portions of the excavation below the water table may be backfilled, but the majority will remain as created waterbodies at the conclusion of mining and reclamation. A maximum of approximately 30 -35% of the property may contain created waterbodies upon final reclamation. Final slopes around the perimeter of the Site, not adjacent to created waterbodies, may be finished at a maximum slopes of 3:1 (H:V). Final slopes adjacent to waterbodies that will remain as part of final reclamation will be constructed at a maximum slope of 4:1 (H:V). The 4:1 (H:V) slope will extend to at least six feet below the normal water elevation around the perimeter of waterbodies. Processing equipment: crushing, screening, and washing, will be located on the floor of the mine to provide screening and reduce dust and sound emissions from the Site. The primary crusher will typically be located adjacent to the active face where materials will be crushed and then conveyed or hauled to the main processing area for additional crushing, screening and or washing. Material stockpiles will be established around the processing plants. The washplant will operate seasonally during nonfreezing weather conditions (generally April — November). The washplant will discharge process water into a series of on -site ponds that will be established on the floor of the mine. These ponds will allow fine sediments that are in the washwater discharge to settle. Clarified washwater will be returned to the washplant for reuse. Washwater will not be discharged from the site. Portable toilets will be used at the Site to serve employees. Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 15 City of Elk River Mining and processing will be subject to setbacks established by the City of Elk River Mining Ordinance. Proposed setbacks include a 30 -foot setback from all road right -of -ways and parcels not permitted for mining operations. The northern border and a majority of the southern border are adjacent to permitted or future mining operations and therefore do not require a setback. No explosives will be used at the Site. 4.6 Drainage, Erosion Control, Sedimentation, Dust, Access Control and Security: The majority of the Site drains internally. There is a small area in the very northwestern portion of the Site that drains off site into the US 169 right -of -away. There is also a small portion of the Site that drains into the ditch along Baldwin. Sheet C -1: Existing Conditions, illustrates the current topography and drainage patterns of the Site. Disturbed areas of the Site will be graded to drain internally. The Site will operate under the General Minnesota National Pollutant Discharge Elimination System Permit ( NPDES) permit for non - metallic mining mineral mining and associated activities. Prior to commencing operations, a site specific Stormwater Pollution Prevention Plan (SWPPP) will be prepared forthe Site as required bythe NPDES permit. Best management practices, such use of silt fence, drainage swales and diversions and progressive reclamation will be implemented at the Site to control erosion and off -site sedimentation. Perimeter berms may be constructed within setback areas, shaped, and stabilized with vegetation. Based on information from the National Wetland Inventory Maps, there are no wetlands located on the Site. Information from the NSC soil survey indicates that there are no hydric soils on the Site. According to the Natural Resources Conservation Service Soil Survey, Site soils consist of the Stonelake - Sandburn soil complex and Sandburn fine sandy loam. Both the Stonelake and Sandburn soils are in Hydrogeological Soil Group (HSG) A. HSG A soils have a high infiltration rate (low runoff potential), consisting mainly of deep, well drained to excessively drained sands orgravely sands. Mining activity will create steep slopes on a temporary basis. The active mine face is not vegetated and therefore is subject to erosion. The active face will slope towards the interior of the mining operation with no potential for off -site sedimentation. Infiltration areas and temporary sedimentation basins will be used as needed to manage stormwater on the mine floor. The locations of these stormwater management features will move as mining progresses through the Site. Establishment of vegetation through seeding and mulching will be conducted as soon as reclaimed areas have reached final grade. Erosion control matting, sediment logs, and other erosion and sediment control practices will be used as needed throughout the mining operations. Erosion of finished slopes will be minimized by backfillingto a minimum slope of 3:1 and seeding and mulching to establish vegetation in accordance with the Reclamation Plan. Crushing equipment is fitted with spray bars to mitigate the generation of dust during processing. Processing operations are located within recessed portions of the Site which further reduces fugitive dust emissions associated with the processing equipment. Washplants are not a significant source of fugitive dust emissions. Many of the stockpiles will have sufficient moisture content from the washing process to keep fugitive dust levels low during loading operations. Fugitive dust from internal haul roads will be controlled by use of dust suppressants such as calcium chloride or by watering. A water truck will be available on -site to water as needed. Fugitive dust from exposed Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 1 6 City of Elk River soils and stockpiles will be minimized by establishing permanent vegetation on perimeter berms and disturbed areas where reclamation grading has been completed. Visual impacts, noise impacts, and fugitive dust will be minimized by the construction of perimeter berms and maintenance of wooded setback areas as mining progresses through the Site. Weeds and other unsightly or noxious vegetation will be controlled as necessary to preserve the appearance of the area. The Site will be operated in a manner to minimize any land use conflicts and to comply with all applicable local, state, and federal permits, standards, and regulations. Access to the Site will be controlled through a combination of locking gate, berms, signs and fencing. 5.0 Reclamation Plan Mining will occur in three phases throughout the lifetime of the mine as illustrated on Sheet C2: Mine Plan. The floor of the mine will remain active for processing and stockpiling and will not be reclaimed until the completion of each mining operation. Perimeter areas, where mining has been complete, will be reclaimed in a progressive manner as mining advances through the Site. Reclamation will be completed within 12 months of final extraction activity. Reclamation activities at the Site will consist of backfilling, shaping, sloping, and seeding. Final grades will range from 1% to 33%. The waterbodies will be shaped and sloped to create variation in shoreland and water depths to provide a variety of wildlife habitat. Final slopes near waterbodies will not exceed 25% or 4:1 (H:V). Final reclamation grades are shown on Sheet C3: Reclamation Plan. Topsoil shall be placed on graded areas. Topsoil will come from on -site sources and be placed in a layer that is a minimum of three inches thick in accordance with the City ordinance. After placement of topsoil is complete, the area will be seeded and mulched. 5.1 Reclamation Standards 5.1.1 Schedule: Reclamation will occur upon completion of mining activity. Reclamation will be completed within one year of final extraction activity. 5.1.2 Slopes: Slopes will be reclaimed in accordance with the reclamation plan. Finished slopes will not exceed 33% or 3:1(H:V). 5.1.3 Waterbodies: It is anticipated that there will be two created waterbodies once reclamation is complete. The slopes near the waterbodies will not exceed 4:1(H:V) and will be vegetated to provide a variety of wildlife habitat. The two waterbodies may be combined or reconfigured to accommodate final frontage road design and /or realignment of Baldwin. Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 17 City of Elk River 6.0 STANDARDS 6.1 Boundary: Extraction operations shall be conducted within the confines of the boundaries indicated within this application. 6.2 Setbacks: The Site will operate in compliance with setbacks established in the Mineral Excavation section of the City of Elk Rivers Code of Ordinances. Extraction operations shall not be conducted within five feet of the right -of -way of an existing public utility; 50 feet of the boundary of any zone where such extraction operations are not permitted, 30 feet of the boundary of an adjoining property which is not being used for extraction operations or within any required buffer zone or setback area on the applicants or any adjoining property. For the purposes of this application, a thirty three foot right of way from the centerline of Baldwin was assumed, although no easement currently exists. A thirty foot setback from the assumed right -of way has been provided for as illustrated on Sheet C2, Mine Plan. 6.3 Fencing: During extraction operations, access to any areas where collections of water are one and one -half feet in depth or more, or where extraction slopes are steeper than one foot vertical to one and one - half feet horizontal, and any other areas where obvious danger to the public exists shall be controlled by a four foot tall fence with support posts spaced every ten feet. 6.4 Appearance and Screening: All equipment will be kept operational. Abandoned equipment and rubbish will be periodically removed from the Site. Reclamation will begin as soon as practicable after each mining phase is complete. The Site will be graded in accordance with the reclamation plan. A screening berm may be constructed, seeded, mulched and maintained alongthe boundaries of the Site. Maintenance of the wooded setback areas will minimize visual impacts. Screening berms may be removed as part of final reclamation. 6.5 Noise: The mining operation will operate in compliance with all State noise standards. State standards have been established for daytime hours, defined as 7:00 a.m. to 10:00 p.m. and nighttime hours defined as 10:00 p.m. to 7:00 a.m. Nighttime standards are more restrictive for residential receptors. The project is proposing 24 hour operations and will therefore be subject to both daytime and nighttime residential standards. Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 1 8 City of Elk River Table 1.1 Minnesota Noise Standards for Residential Land Uses Daytime Nighttime Lso Lio Lso Llo 60 dBA 65 dBA 50 dBA 55 dBA Tiller conducted sound level monitoring and predictions in 2007 for other facilities that they operate in Elk River using similar processing equipment to demonstrate the ability to comply with the nighttime noise standards. Tiller presented this information to the City and Tiller is allowed 24 hour operations at these other facilities. Although sound levels vary with distance and topographic changes, the study concluded that these facilities can operate in compliance with the noise standards at residential receptors located at similar distances to those at this site. Sound level mitigation will be adopted at the Site including screening berms with additional height as needed adjacent to residential properties. Mining and processing will be recessed on the floor of the active mining area to reduce sound levels. Perimeter berms will be constructed to attenuate noise. Maintenance of operating equipment and use of standard noise control equipment such as mufflers will reduce sound levels at the Site. 6.6 Dust: Fugitive dust will be minimized by recessed operations, spray bars on processing equipment, dust suppressants on internal haul roads, and the establishment of permanent vegetation on perimeter berms and reclaimed areas. Fugitive dust will not exceed air pollution standards established by the Minnesota Pollution Control Agency. Processing equipment is subject to a MPCA air emissions general permit for non - metallic mineral mining which includes standards for fugitive dust emissions. 6.7 Hours of Operation: The project is proposing 24 hour operations except Sundays and holidays. 6.8 Water Pollution: The Site will be operated in compliance with all applicable Minnesota Pollution Control Agency (MPCA) and Department of Natural Resources standards. The Site will operate under the General Non - Metallic Mineral Mining National Pollutant Discharge Elimination System (NPDES) stormwater permit and Site specific Stormwater Pollution Prevention Plan. There are no surface waters including lakes, streams, wetlands, intermittent channels, and county /judicial ditches on the Site. The mining operations will not discharge washwater or untreated stormwater from the Site. Washwater will be treated onsite and recycled. Stormwater will be drained and handled internally. There will be no direct or indirect physical effects or alterations to surface waterfeatures. Typically, equipment will be fueled by a fuel service truck. The fuel service truck carries a spill containment kit. If on -site fuel storage is needed, the fuel storage tank will be an above ground double - walled tank and will meet all MPCA petroleum storage tank requirements. If tanks with Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 19 City of Elk River capacities that require registration are brought to the Site, the operator will register the tanks and comply with the applicable MPCA regulations. 6.9 Topsoil: All topsoil will be retained on the Site until the completion of reclamation. Topsoil will be used to create screening berms. The berms may subsequently be removed as part of the reclamation process. 6.10 Slopes: The active mine face is typically at a slope that ranges from 1:1 to 2:1 (H:V). Reclaimed slopes will be backfilled to a maximum slope of 3:1 (H:V). 7.0 CERTIFICATION hereby certify that this plan, specification of report was prepared by me or under my direct supervision and that I am a duly Registered Engineer and duly Registered Geologist under the laws of the State of Minnesota. Kirsten Pauly, PE, PG Reg. No. 21842 Date 12/19/2016 Tiller Corporation Sunde Engineering, PLLC Conditional Use Permit Application Page 1 10 City of Elk River ATTACHMENT St Cloud Princeton Haven Palmer Santiago Blue Hill Baldwin Clear Lake Becker Orrock Livonia Clear Lake General Project Becker ❑immerman Project Location Big Lake Elk River Big Lake N Figure 1 Q; General Location Map NOT TO SCALE '�. v, PA � r: •. 1. *. FIN, + 4 �, r viiim 40 FIL t W4 MAN 0 PEN t 1 Mu f Residential y6' Agricultural. k Mining t', a ^: k �INlining' !'f Mining; r�z Livonia Township City of Elk River r, Landfill r ° Site Open Space Residential p i Mining: Agricultural ,Min . ing, Mlning� .✓ CCC ai ' .i Tat ' Y3 A� - r V, r Image courtesy of USGS Eartstar Geographics SID X63 Microsoft Corporation__ N Figure 3 Site and Surrounding Area c loco 2000 SCALE IN FEET 9S� P jL n Whitne cemetery Site' 11 22ST14 AYWY Vv t� s� O fo Al� a AVE l Airpo ol Q ,/V Figure 4 IL U.S.G.S. Quad Map Excerpt 0 1000 2000 SCALE IN FEET rroc Big Lake Livpnif, site WrBaidwin St. NW 225th Ave N Co. Rd 33 Elk Rivei- US 169 ^U 1[}10 „—us 10 Obtained from Sherburne County GIS https: // beacon. schneidercorp .com /- site- SherburneCountyMN N Figure 5 Haul Routes .i NOT 70 SCALE Oi 7511 rA. 11 WIN 0 ite ;r,Ian k6,111 r Lan nq Well W.p _ 0 0 CONSULnNG CIVIL ENGINEERS w.aw,xoa..0 k�umrn�s�.11 Elk River Sand & Gravel Mine Tiller Corporation a�o>n Existing Conditions C! Notes: 1. Topographic information from Twin Cities Metro Region LiDAR data collected during the Spring and Fait of a o 2014. y 2. Parcel information from Sherburne County GIS data. 45608 d Building Footprint Minnesota Well index Well Location J Probable Wei$ Location ® Water Table Contour (Dashed Where Interred) Drainage Patterns Drainage Divide 0 CONSULnNG CIVIL ENGINEERS w.aw,xoa..0 k�umrn�s�.11 Elk River Sand & Gravel Mine Tiller Corporation a�o>n Existing Conditions C! Livonia Township i ` Yernri tted Minirtg �perahon ' ' city or Elk River r rte Proposed Nldl� rt�pefalM011 �fl ,!•� i , _ ` `�. •\. liii Ir? ,F � Site Acre � fi , J• #, / ./� ! , y Stockpile FJ;G`ir Screening Berm , A r Area " Setback , assumed Rp Setback 6 1 i 4 I! r .,� / r F 1 r -1. • ��� i Phase 1 Phase 2 �j Phase 3 Screening Berm r 1` i ''` y1 ;° r � � r • � •� ' r '• r r { 'k \ - !�F `..... r _ it . r 1` .S4a , � `'. .' r fees to remain as screening untlT! s Permitted Mining Operation Wmmm mining border is mined g ,f I preparation for mining. B. Mining into the groundwater may occur in a manner that will accommodate blending materials from another Phase that are above the groundwater. l 9. Materials may be transferred and stockpiled on it adjacent Permitted Mining Operations and vice versa. F /V Mine Plan 150 0 150 SOa ®�� C2 SCaIE M FE£T n, N Notes: 1. O Once the Site has been opened up and the mine Poor has been established, stockpiles and processing areas to be recessed below grade. ii 2 2. S Stockpile Area is approximate in size and location. Stockpiles and mining equipment may move with progression of the mine. 3. P Phase limits are approximate and may be Elk River Sand & .�„ a adjusted as needed to accommodate market G Gravel Mine / e 4. B encountered. T Tiller Corporation in the future in cooperation with MnDOT, the City of Elk River, adjacent mine operators and land owners. 5. S Site Access is conceptual in nature and may be �•1,�rj a altered as site conditions /city authorizations dictate. l / 6. I It is expected that common mining borders with 1 l adjacent properties will be mined as part of each ' 7 individual Phase. 7. R Reclamation will move easterly as each Phase is completed and additional land is stripped in F /V Mine Plan 150 0 150 SOa ®�� C2 SCaIE M FE£T i . I. R 1. Reclamation grades at oammon mining borders may be adjusted based on coordination with C,O SIIIrlR, vrl eR- G,nERS ir adjacent mine operators. &�* ess>cnv.. ,e�ea�axE 2. Final shape of waterbodles to be preserved for end use shall be based on material encountered below the water table. f.r ft 3. Dependsng upon final frontage road design Elk River Sand $ and /or realignment of Baldwin, water bodies may be combined or reshaped to accommodate final Gravel Mine roadway design_ 4. Reclamation slopes shall not exceed 3:1 (H:V) Tiller Corporation unless otherwise approved by the City. 5. Reclaimed o areas will be covered with a 3" f t minimum of 3" of topsoil and seeded and mulched to establish vegetative cover. . 6. Baldwin Street NW may be lowered and realigned in the future to better serve regional transportation goals and support end use 1 " development. ILL A. sF OR iwv ofr wy p[uwa +jII ' ll �,.c nwaoruwesm. N 1030 !! Reclamation 225th Ave NW Plan C3 �UF F .. SLI,LE IN FEET Parcel 1: Parcel 2: ATTACHMENT 1— LEGAL DESCRIPTION The Southeast Quarter of the Northwest Quarter (SE1 /4 NW1 /4) lying easterly of that portion taken for Trunk Highway #169 and the Southwest Quarter of the Northeast Quarter in Section Three (3), in Township Thirty -three (33), North, of Range Twenty -six (26) West. Sherburne County, Minnesota. LESS AND EXCEPT: That part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 33, Range 26 that lies within the bounds of the following described land: The North 602 feet of the West 412 feet of the NE1 /4 of the SE1 /4 of Section 3, Township 33, Range 26, Sherburne County, Minnesota. Together with all that part of the South Half of the NE1 /4 of said Section 3, described as beginning at the Northwest corner of said NE1 /4 of SE1 /4, thence West assumed bearing along the South line of the South Half of the NE1 /4 a distance of 155.67 feet to intersect the centerline of Baldwin Street N W as now laid out and travelled; thence North 30 °32'15" East along said centerline a distance of 647.00 feet. thence South 34 048' East a distance of 416.42 feet more or less to intersect the Northerly extension of the East line of said West 412 feet of the NE1 /4 of the SE1 /4, thence South 0 °20'30" West along said Northerly extension a distance of 215.32 feet more or less to intersect said South line of the South Half of the Northeast Quarter thence West along said South line 412.01 feet more or less to the point of beginning. Abstract property AND The Southeast quarter of the Northeast quarter (SE1 /4 of NE1 /4), and the Northeast quarter of the Southeast quarter (NE1 /4 of SE1 /4) in Section Three (3), in Township Thirty -three (33), North, of Range Twenty -six (26) West. Sherburne County, Minnesota. LESS AND EXCEPT: That part of the following described land that lies within the bounds of the NE1 /4 of SE1 /4 and the SE1 /4 of NE1 /4 of Section 3, Township 33, Range 26 The North 602 feet of the West 412 feet of the NE1 /4 of the SE1 /4 of Section 3, Township 33, Range 26, Sherburne County, Minnesota. Together with all that part of the South Half of the NE1 /4 of said Section 3, described as beginning at the Northwest corner of said NE1 /4 of SE1 /4, thence West assumed bearing along the South line of the South Half of the NE1 /4 a distance of 155.67 feet to intersect the centerline of Baldwin Street N W as now laid out and travelled, thence North 30 °32'15" East along said centerline a distance of 647.00 feet. thence South 34 °48' East a distance of 416.42 feet more or less to intersect the Northerly extension of the East line of said West 412 feet of the NE1 /4 of the SE1 /4, thence South 0 °20'30" West along said Northerly extension a distance of 215.32 feet more or less to intersect said South line of the South Half of the Northeast Quarter thence West along said South line 412.01 feet more or less to the point of beginning Abstract property Which lies west of said centerline of Baldwin Street NW. [ ) Bearings and /or dimensions listed within brackets are per plat or record documents. CITY OF ELK RIVER NOTICE OF PUBLIC HEARING The Elk River Planning Commission will conduct a public hearing on Tuesday, January 24, 2017, at 6:30 p.m. at Elk River City Hall, 13065 Orono Parkway, to consider a request by Tiller for the following: 1) Zone Change from CRT (Commercial Reserve Transition) to ME (Mineral Excavation Overlay), Case No. ZC 17 -01 2) Conditional Use Permit to allow mineral extraction, Case No. CU 17 -01. The Elk River City Council will also conduct a public hearing concerning this matter Tuesday, February 21, 2017, at 6:00 p.m. at Elk River City Hall, 13065 Orono Parkway. General description of the subject property is: 1) 75 -103 -1300 — approximately 55.3 acres lying east of U.S. Highway 169, north of 2251b Avenue NW; 2) 75- 103 -1400 — 68.86 acres lying east of U.S. Highway 169, between the 2230 Avenue and 228th Avenue alignments and the Baldwin Street and Zane Street alignments. Legal description of the subject property is: 1) the Southwest Quarter of the Northeast Quarter except that part lying southeasterly of Baldwin Street and the Southeast Quarter of the Northwest Quarter east of U.S. Highway 169, Section 3, Township 33N, Range 26W, Sherburne County, Minnesota. Complete legal descriptions of the parcels are available at City Hall. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Tina Allard, City Clerk, at 763.635.1000 by January 20, 2017. If you would like information regarding the above- described public hearing notice, please call Elk River City Hall at 763.635.1000. All interested persons are invited to attend the public hearing to express their questions and /or comments. Zack Carlton, Planning Manager Community Operations & Development , ." ��� 'IJnR� 1 Screening Berm Setback Phase 1 ✓ FLi�rack 8 0 P iFIRLI low-rrn eta, ,rr! Propused Mining peration � Phase PhaSe 1 � x,1'1 V f f F 111NTat V, from assumed ROW t 11/ � 20 11 Trees to remain as screening until common mining border is ruined t Q 1 p r 1 30 FOOT SETBACK r 50 FOOT SETBACK O 2 2b,l I -I AV LAW RYA g .P Ar it �p � I F r y I F p M wow- II I Waterbody CD C:l Co 9 6 --1000 03 225th Ave NVV - C13 %i . eL k S Resolution 16- 72 A Resolution of the City of Elk River Regarding the Environmental Assessment Worksheet for Tiller Corporation and Max Steininger, Inc. WHEREAS, Tiller Corporation and Max Steininger, Inc. Sand and Gravel Mines is proposing to extract and process aggregate from a 142 acre area; and WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 12, item B, a mandatory Environmental Assessment Worksheet (EAW) was prepared; and WHEREAS, the City of Elk River, as the responsible governmental unit (RGU) under Environmental Quality Board (EQB) Rules, prepared an EAW as required by EQB Rules; and WHEREAS, notice of availability of the EAW was published in the EQB Monitor on September 12, 2016; a press release was provided in the Elk River Star News on September 10, 2016; copies were provided for review at Elk River City Hall on August 29, 2016; and copies of the EAW were supplied to all persons and agencies on the EQB official EAW distribution list on August 31, 2016; and WHEREAS, Written comments were received from the US Army Corps of Engineers, the MN Department of Transportation (MnDfff ), the MN Historical Society (MnHPO), the Minnesota Pollution Control Agency (1\4PCA) and the MN Department of Natural Resources (DNR). Verbal comments included the MPCA; and WHEREAS, all substantive comments have been responded to appropriately by the City as RGU; and WHEREAS, the environmental review process mandated by the Minnesota Environmental Policy Act and implemented through the EQB Rules has been followed and this resolution shall be the city's record of its compliance with the EQB Rules and decision in this matter; and WHEREAS, the city, as RGU, shall order the preparation of an EIS if the Project has the potential for significant environmental effects; and WHEREAS, in deciding whether a project has the potential for significant environmental effects, the city is to apply the criteria set forth in Section 4410.1700 subparts 6 & 7 of the EQB Rules. NATUREI NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: Based on the information contained in the EAW, the comments received and the EAW, and the responses thereto, the City Council of the City of Elk River finds the project does not require the preparation of an Environmental Impact Statement for the following reasons: A. The environmental effects of the Project will not adversely affect the area. B. The project will be subject to ongoing regulator authority of the City of Elk River and other state agencies. C. Future development in the area of the Project will be subject to the requirements of the EQB rules and will be subject to the ongoing regulatory authority of the City and other governmental agencies. Passed and adopted this 7h day of November 2016. J J. ietz, a or ATTEST: —4 �v Tina Allard, City Clerk POwfIEI II AU E