6.3. SR 09-20-1999
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Memorandum
ITEM #6.3
River
TO:
FROM:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR 51<.
SEPTEMBER 20, 1999
DATE:
SUBJECT: CONDITIONAL USE PERMIT
AMENDMENT BY CAMAS
MINNESOTA, INC. (EXTENDED
HOURS) - CASE # CU 99-29/P.H.
Request
In an effort to keep up to current demands, CAMAS Minnesota, Inc. is requesting an
amendment to their existing conditional use permit to allow screening, washing and
crushing of gravel at their facility from 6:00 a.m. to 2:00a.m. Currently, CAMAS is
allowed to wash gravel from 6:00 a.m. to 10:00 p.m. and may screen and crush gravel
from 6:00 a.m. to 7:00 p.m. CAMAS is also requesting permission to repair equipment at
their mine 24 hours per day.
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Attachments
. A revised conditional use permit (the legal description ofthe subject property is
contained in this document), and
. a vicinity map showing the location of the subject property
Background
Shiely Company, now CAMAS, updated the conditional use permit for mineral
excavation on the subject property in April, 1995. Two other mining companies had
extracted gravel from this site prior to CAMAS' involvement. CAMAS' update brought
the CUP on this property into compliance with the city's Environmental Impact
Statement on mineral excavation.
In October of 1995, CAMAS amended their conditional use permit to allow a temporary
concrete ready-mix plant for Cemstone on the north end of the property. Marshall
Concrete's temporary ready-mix plant on the south end of the property is not addressed in
CAMAS' CUP. Marshall Concrete obtained their own conditional use permit for this
facility.
In April of 1997 CAMAS amended their conditional use permit to allow washing of
gravel from 6:00 a.m. to 10:00 p.m. instead of the normal hours of7:00 a.m. to 7:00 p.m.
The city has not received any complaints regarding these extended hours.
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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Issues
Traffic
CAMAS is not requesting an extension to their current hours for hauling out of this site,
which are normally 7:00 a.m. to 7:00 p.m. However, the additional processing hours do
equate to CAMAS hauling more product from out of the site. Staff feels the existing
acceleration lane and protected left turn lane on U.S. Highway 169 that serve CAMAS'
entrance are adequate to handle this additional traffic. Staff is not proposing any changes
to the current CUP regarding traffic.
Noise
Noise is one of the major concerns associated with this request to allow washing,
screening, and crushing into the evening hours. This particular mining operation is
somewhat isolated. However, where noise will travel can be quite difficult to predict.
To address the issue of noise, in CAMAS' current CUP the city references state noise
level standards and remedies for noise problems, like the placement of stockpile to divert
noise. In addition, CAMAS is required to use an alternative to backup alarms outside the
hours of7:00 a.m. and 7:00 p.m., i.e. strobe lights, microwave sensors, cameras, etc. The
sound of backup alarms seems to travel quite far, especially at night.
. Glare
CAMAS will need to use artificial lighting to work at night. There is language in the
CUP regarding standards for lighting and remedies, if it becomes a problem.
Water Usage
Additional hours for washing gravel means more water usage. During the drought in the
latter part of the 1980s, there were residential wells in this area that were affected by the
depletion of the water table. Staff feels condition 18 "Groundwater protection measures",
found on page 6 ofthe attached CUP, adequately addresses this issue. Remedies include
curtailing pumping activities until water levels return.
Hours of Operation
This section contains the ultimate remedy for problems resulting from the additional
hours. Proposed language in the attached CUP requires that CAMAS try to resolve
complaints from neighboring residents regarding noise, glare, vibration, dust, or other
issues arising from the extended hours. If unresolved by CAMAS, these complaints then
go to city staff to see if a resolution can be found. If a satisfactory resolution is not
found, the Planning Commission and the City Council shall hold a public hearing to
determine if the extended hours should be revoked. The extended hours should only be
allowed if they do not unreasonably annoy anyone.
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Changes to the language in CAMAS' CUP
The following are the specific changes to CAMAS' CUP in the order they appear (added
language is in bold type and language to be deleted is underlined):
. Shiely Company is to be replaced with CAMAS Minnesota, Inc.;
. the anticipated approval of CAMAS' current amendment request has been referenced
. under condition (09) "Reclamation", language regarding a $5,000 bond is obsolete
and the pines referenced have been planted, so these sections are proposed to be
deleted;
. condition (12) "Hours of Operation" has been modified;
. two changes are proposed to condition (18) "Groundwater protection measures",
under "f' of that condition, language to clarify that testing for diesel range organics is
to take place each year, if mining is to occur below the groundwater table, is proposed
to be added and under "g", language referencing initial water level testing is proposed
to be deleted, since it has already taken place; and
. condition (21) "Other Permits", which is now typical language for a mineral
excavation CUP, is proposed to be added.
Recommendation
The precedence for allowing mining activities outside of the normal hours of7:00 a.m. to
7:00 p.m. has been set by the city with other operations. Staff feels there is no reason not
to allow CAMAS' request, if they can operate in such a fashion that it is not an
annoyance to anyone. Further, the proposed changes to CAMAS' CUP are adequate to
address the situation, if activities during the extended hours do result in problems that can
not be resolved.
As a test, city staff has allowed CAMAS to operate under the proposed hours for a total
of seven days during August of this year. The neighbors immediately surrounding the
mine were notified of these extended hours, but not what days on which they would take
place. These neighbors were encouraged to call either the city or CAMAS or both, if the
extended hours were an annoyance. None of these immediate neighbors called or came to
the Planning Commission meeting to voice concerns.
The Planning Commission and staff are recommending approval of CAMAS'
request for extended hours with the changes to their CUP referenced in this memo.
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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 _ day of
1999, by and between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (City), and Shielv Comoanv CAMAS
Minnesota, Inc., 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:
All of the South Half of the South Half of the Northwest Quarter (S ~
of S ~ of NW ~) lying west of D.S. Highway169, and
all of the North Half of the Southwest Quarter (N ~ of SW ~) lying
west ofD.S. Highway 169, and
the South Half of the Southwest Quarter (S ~ of SW ~) lying west of
U.S. Highway 169, except that part described as follows:
commencing at the south ~ corner of said Section 10; thence westerly
along the south line of said Section 10 a distance of 360.00 feet, more
or less, to the intersection of said line with the centerline of Trunk
Highway No. 18; thence northwesterly along said centerline a distance
of 618.00 feet; thence deflect 83 degrees 40 minutes to the left for a
distance of 33.23 feet to the westerly right-of-way of said Trunk
Highway No. 18, said point being the point of beginning of the tract to
be herein described; thence northerly along said westerly right-of-way
line 732.5 feet; thence southwesterly at an angle to the left 83 degrees
40 minutes distance of 170.00 feet; thence deflecting to the left an
angle of 83 degrees 40 minutes of distance 170.00 feet to the point of
beginning,
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all in Section 10, Township 33 North, Range 26 West, Sherburne .
County, Minnesota.
Further, the applicant's application for a conditional use permit
includes a shop to act as a support facility for the mining operation on land
legally described as follows:
The South Half of the Southwest Quarter of the Northeast Quarter
(S~ of SW ~ of NE ~), and
The south one hundred feet (100 ft.) of the north one thousand-ninety-
nine and four hundredths feet (1,099.4 ft.) of the Southeast Quarter of
the Northwest Quarter (SE ~ of the NW ~) lying east of U.S. Highway
169,
all in Section 10, Township 33 North, Range 26 West, Sherburne
County, Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use
permit, at which hearings all citizens of the City of Elk River and other .
interested parties have had the opportunity to be heard on the application;
and
WHEREAS, the City Council by motion adopted April 17, 1995,
approved a conditional use permit for the operation of a gravel mining
operation (the Operation) on the Property, subject to certain conditions,
including that Operator enter into a License Agreement and 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 Council by motion adopted October 2, 1995,
approved an amendment to the conditional use permit for the operation of a
ready mix plant on the property; and
WHEREAS, The City Council by motion adopted April 21, 1997,
approved an amendment to the conditional use permit to allow the hours for
the wash operation to be 6:00 a.m. to 10:00 p.m.; and
WHEREAS, The City Council by motion adopted September 20,
1999, approved an amendment to the conditional use permit to allow
the hours for the wash operation, screening, and crushing to be 6:00 .
a.m. to 2:00 a.m. and equipment repair 24 hours per day; and
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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,
together with the License Agreement 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.) Warrantv of Onerator- Operator hereby warrants and represents
to the City, as inducement to the City's entering into this agreement, that
the Operator 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:
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(01) This Conditional Use Permit authorizes Mineral Excavation
(gravel) from the Property.
(02) All mineral excavation and processing operations on the
property shall comply with the City's mineral excavation, zoning
and other applicable ordinances; with the terms of this
Conditional Use Permit agreement and the license agreement to
be executed by the City and operator; with the City of Elk
River's Environmental Impact Statement on mineral excavation;
and with the application materials and plans submitted by the
Operator, which plans and materials are the basis for the City's
approval of the Conditional Use Permit.
(03) The Operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with notification in
writing within 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.
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(04) The license must be renewed annually and shall run from
January 1st through December 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
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license fee is not in lieu of gravel tax collected by the County
and a portion of which the City receives.
(05) Violations of this Conditional Use Permit may result in
suspension or revocation.
(06) The City Building and Zoning Administrator and/or hislher
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 Building and Zoning Administrator prior
to issuance of the annual mineral excavation license.
c. A $5.000 letter of credit. bond. or deposit. approved bv
staff. shall be reauired prior to the issuance of the annual
license to cover the forthcoming year's reclamation.
d. The reclamation shall include top soil from the site being
preserved and put back into place after mining.
e. The vegetation established for the reclamation must be
maintained until it is self sufficient.
f. Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the plans
submitted and the City ordinance at the time of
reclamation.
g.
Fiftv pines shall be planted on the berm between the
subiect propertv and U.S. Highway 169 bv 1996. The
pines shall range in size from two to ten feet in height
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with a minimum of twenty pines being eight to ten feet in
height.
(10)
Traffic
Except for localized jobs, traffic through Elk River
associated with this operation shall be limited to U.S.
Highway 10 and 169.
(11) Dust Control
a. A permit from MPCA regarding air emissions shall be
obtained and maintained and particulate emissions
standards shall be met by the operation.
b. All equipment shall be located as to reduce dust to
adjacent properties.
c. Water, but no chemical agents, shall be used to control
dust when necessary.
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
All mineral excavation, processing, and sales activities shall be
conducted between the normal hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday with the following exceptions:
a.
Washing, screening, and crushing at the facility
may take place between the hours of 6:00 a.m. to
10:00 p.m. 2 a.m. and equipment repair may take
place 24 hours per day Monday through Saturday
provided that the operation does not unreasonably
annoy adjacent property owners. Problems arising
from the extended hours shall first be directed to
CAMAS for resolution, then to city staff if need be,
and finally to the Planning Commission and City
Council (with public hearing) to determine if the
extended hours shall be revoked. Alternatives to
back-up alarms will be used on equipment during these
extended hours.
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b.
Upon approval of the Building and Zoning Administrator,
or his/her designee, sales (hauling product off-site) may
occur outside of the normal hours, on a temporary basis
not to exceed 7 days, to address a unique situation.
(13) Noise
a. The noise from screening and crushing associated with
this operation shall be controlled by equipment location
on site, the placement of stock piles, 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) Shop
a. No unscreened outside storage shall be allowed.
b.
The operator shall have an approved hazardous waste
license for this facility and properly dispose of or recycle
all waste.
(15) Lightine
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 25 feet of a dwelling, or
more than .5 foot candles on any part of the adjacent property.
(16) 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.
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(17) 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.
(18) Groundwater protection measures shall include:
a. The Operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan 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 4
working days.
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e.
A water appropriation permit form the Department of
Natural Resources shall be obtained.
f. The wells located at the Julius Nemeth residence, the
scale house and the wash operation, shall be monitored
once a year for diesel range organics (DRO). If mining is
to occur below the water table, the above wells shall be
monitored for DRO prior to excavation activities
commencing and after cessation each year. Further, in
the event of a spill, appropriate water tests will be taken
until the spill is deemed clean.
g.
Groundwater levels shall be monitored in the wells
located at the Julius Nemeth residence. the scale house,
and the wash operation, prior to the start of wash
operations and an additional 3 times during the first
week of said operation to predict the long term effects of
the pump operation. Thereafter. the aforementioned
wells shall be tested a minimum of twice once per month,
said frequency to be increased during dry periods. This
routine testing shall also be done for the water recvcling
pond.
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h.
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.
1. The appropriate storm water permits shall be obtained by
the Operator from MPCA.
(19) Signage for the gravel and ready mix plant shall be allowed as
per the 1-2 zone. Further, no bill boards are allowed on the
subject property.
(20) The entrance and loop road around the ready mix plant shall be
hardsurfaced as approved by staff.
(21) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said
permits with the City.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions
hereof and agrees to save and hold the City harmless from any and all
claims or actions arising from the operations of the Operator on the
Property.
(02) Binding- Effect- The terms and provisions hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors,
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Operation and shall be deemed
covenants running with the land. This Agreement shall be placed of
record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees,
if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of
a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any subsequent breach of this Agreement.
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(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
ATI'N: Building and Zoning Administrator
13065 Orono Parkway ,P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at:
CAMAS Minnesota, Inc.
Attn: Bob Bieraugel
2915 Waters Road, Suite 105
Egan, Minnesota 55121
(06) Incorporation bv Reference- All plans, special prOVISIons,
proposals and specifications, submitted pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as
fully as if set forth herein in full.
. IN WITNESS WHEREOF, the City and Operator have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ELK RIVER
FEE OWNER(S) OF THE PROPERTY
By:
Its: Mayor
By:
By:
Its: City Administrator
By:
OPERATOR:
CAMAS Minnesota, Inc.
By:
By:
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STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
. 1999, by Stephanie A. Klinzing, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1999, by Patrick D. Klaers, the City Administrator of
THE CITY OF ELK RIVER, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
, 1999, by , the
CAMAS Minnesota, Inc., a Minnesota corporation, on behalf
corporation.
day of
of
of the
Notary Public
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STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
, 1999, by , the
CAMAS Minnesota, Inc., a Minnesota corporation, on behalf
corporation.
day of
of
of the
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1999, by , the fee owner of the subject
property.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1999, by , the fee owner of the subject
property.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Zoning Department
13065 Orono Parkway! PO Box 490
Elk River, MN 55330
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