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7 PCSR 03-22-1994 (. ) -\ ITEM 7 ity of � MEMORANDUM River TO: PLANNING COMMISSION FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: MARCH 22, 1994 `A7< SUBJECT: RENEWAL OF CONDITIONAL USE PERMIT FOR COMMERCIAL ASPHALT INC., PUBLIC HEARING, CASE NO 94-7 REQUESTED ACTION Commercial Asphalt Inc., a subsidiary of Tiller Corporation, is requesting a two year renewal of their conditional use permit for a gravel mining related facility (temporary asphalt plant). LOCATION • Southwest corner of the intersection of County Road No. 33 and US Highway 169. A complete legal description is available at City Hall. ATTACHMENTS Location Map, Zoning Map, Site Plan, Correspondence from Commercial Asphalt (Plant Equipment Summary and Recycle Operations Summary) April 8, 1992, staff memo to City Council regarding the last renewal, and Property Owners List BACKGROUND 1988 • Original conditional use permit was issued for a temporary asphalt processing plant in an existing gravel pit. 1990 • First renewal of conditional use permit. • Air emissions and particulate test required by MPCA was completed and passed. The plant was issued a 5 year MPCA air emissions permit. III P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Commercial Asphalt Page 2 March 22, 1994 • • In response to complaints regarding noise from the plant, Commercial Asphalt modifies burner noise and testing was completed to verify compliance with noise limits. • In response to complaints regarding odor, Commercial Asphalt raised their stack height and cut back on recycled asphalt during weather inversions. • Acceleration lane was built on Highway 169 making truck access safer. 1992 • Latest renewal of the conditional use permit. • Complaints on noise and odor subsided. • Since the 1992 renewal, the drum at the plant was increased from 30 feet in length to 36 feet and its diameter increased from 9 feet to 10 feet. Increasing the size of the drum keeps the burner farther away from the recyclable entry point further reducing odor. ANALYSIS Apparently, Commercial Asphalt is asking for their last renewal of this permit. They have indicated that they plan to move their plant to an area further north along Highway 169, outside of Elk River City limits. They IDanticipate this move being accomplished in the next year or two. The rational for moving the plant is to be located adjacent to their gravel supply. On the attached site plant, you will note the location of the looped access road for the plant. Commercial Asphalt plans on paving this access road, which will help further reduce dust. The asphalt used on this road can be recycled in the future. Included in the April 8, 1992, staff memo to the City Council are 14 stipulations placed on the operation of this facility. If this permit is renewed, those 14 stipulations are still appropriate. There is one additional concern not previously addressed. Directly adjacent to the east side of Highway 169, opposite Commercial Asphalt's facility, is a pond that is receiving sediment from run-off. Staff has inspected the situation and feels the pond is receiving sediment from the acceleration lane on the west side of Highway 169, via a culvert under the Highway. The following is a list of possible solutions to this situation: 1. Commercial Asphalt could dig a bigger storm water retention pond on their site. The berm on the north side of this retention pond could also . be built up to avoid run-off entering the highway ditch during heavy rainfall events. pcca.doc Commercial Asphalt Page 3 March 22, 1994 • 2. Commercial Asphalt's access road could be paved and moved farther to the west to reduce the amount of material finding its way to the acceleration land. 3. Commercial Asphalt indicated that they have a bobcat sweeper and will clean the acceleration lane more often. 4. Silt fencing in the highway ditch prior to the culvert could be used to help filter sediment. This would take MnDot permission. 5. The ditch on the west side of the highway could be made deeper and vegetation planted to help filter the sediment. This also would take MnDot permission. RECOMMENDATION The operation of this facility raises issues regarding the seven standards for a conditional use permit. Staff feels these issues can be resolved with the proper stipulations being placed on this operation. Staff is recommending approval of a two year renewal of this permit with the 14 stipulations listed IIin the April 8,1992, City Council memo and one additional stipulation: 15. AT STAFF'S DISCRETION, COMMERCIAL ASPHALT IMPLEMENT PART OR ALL OF THE PREVIOUSLY LISTED ACTIONS TO ELIMINATE SEDIMENT FROM BEING INTRODUCED TO THE POND ON THE EAST SIDE OF HIGHWAY 169. • pcca.doc /. ---\ - en'` . l O I ¢EE / I �I II , & / 1 LO ATICN Ole SEP COM AK sL. Pio I r I 1 i CO/ .-IN----- ,5TII WC OO 33 I par AA lalirli ....... yY.4::Jfv vv\i.i:' v:{.:iJ A I , i4Y e Nw i • u i1lI - 13 I r _ II 4114111 I \:, ' . t. 0 "44 Ew Art e, 4111P1 • kW\ 'rM pJ. �(7 -. N 4 Z Amila oar �••, ni000v'I roar sz� .. 4 a0a' A es AV II Villa Ilk_ ......aiiii_US1116 014*Itl* ' - /, )- ' 0 rrwl CiirY Ai . 411066 \ 1. a 4 4‘*,W44141F ,.... . /♦ �! 4b a ; , 1 Mira :t\ '; 10.. .c, vis ,-,z,",)(1 - :. isimriffmisaimminirar LOCATION MAP Oa 0 "pl City of t. CASE CU 94-07 • El1 !TEiver P.O. Box 490 • 13065 Orono Parkway • Elk River� , MN 55330 • (6121 441-7420 ,- COMMERCIAL ASPHALT CO. • A1rILLER COMPANY 10633 89th Avenue No. • P.O. Box 1480 Maple Grove, MN 55311-6480 Phone (612)424-5400 • Fax (612) 739-2081 Elk River - Plant 8 Recycle Operation Summary As an integral part of our operations, we recycle asphalt and concrete materials at our hot-mix asphalt plant facility. The asphalt and concrete materials are generated by local roadway/driveway repair and replacement projects. These materials are brought to our facility by various road construction contractors and are stockpiled adjacent to the hot-mix asphalt plant. The recycled concrete and asphalt materials are utilized in the production of hot mix • asphalt and road base materials. The stockpile area is approximately one acre in size and is located in an area which is not near standing water. We expect to take in and utilize approximately 50,000 tons of recycle materials on an annual basis. 4110 This Company is an Equal Opportunity Employer } COMMERCIAL A , ASPHALT CO. • A1(ILLER COMPANY 10633 89th Avenue No. • P.O. Box 1480 Maple Grove, MN 55311-6480 Phone (612)424-5400 • Fax(612) 739-2081 Elk River - Plant 8 Plant Equipment Summary - Barber Green Hot-Mix Asphalt Plant (Model DM70 Serial #DM70X147) - 9' x 36' Drum Dryer with recycle ring - Hauck 500X Tri-fuel Burner - Tri-axle Carrier Control House (DMI and automatic burner controls, starters, etc.) - Aeropulse FS 12-1062 insulated Baghouse (60,000 CFM/with tri-axle carrier) (Stack height 68.6 feet) - Seven Bin Cold Feed System (6 virgin/1 recycle) - 30" x 70' Feed Conveyor (with Ramsey weighbridge and load cell) - Three Kolberg 100 ton insulated Storage Silos - CEI Heater mounted on gooseneck - 30,000 gallon CMI Asphalt Cement Tank - 30,000 gallon Childers Asphalt Cement Tank (22,500/7,500 split) - 17,600 gallon steel Waste Oil Tank - 12,000 gallon steel Waste Oil Tank - 400 gallon steel No. 2 Fuel Oil Tank (Note: All tanks are located within a secondary containment area- See attached Diagram) - Quality Management Lab/Trailer This hot-mix asphalt plant is capable of producing approximately 350 tph at 4-5% moisture content in the aggregate. This Company is an Equal Opportunity Employer 1c yy� )1 Elk River Plant #8 1 Containment Area �� 1 Exhibit y�•k )1 1 Page 1 of 2 II I i 111 1 1— — .,., e > N AO 0 0 v. _ - D z N r o 0 L > w -r v. _O G p r 0 r 1 Q 0 G' -1 >r- 2. 00 rL J > O Ditr-)- • A0 0 n J r r - 0 N Z 0 , 0 D r r 0 Z � A r i r g��__ =_1 _ . • . it 17 Y0)4 Concre c. alis y >(..0r Co ACr6tt 60tloM -(./ _� ITEM 5 . 4 ( Il `cy of ,f lk : TO: MAYOR & CITY COUNCIL River FROM: B&Z ADMINISTRATOR, STEPHEN ROHLF DATE: APRIL 8, 1992 SAL SUBJECT: RENEWAL OF CONDITIONAL USE PERMIT FOR A TEMPORARY ASPHALT PLANT BY COMMERICAL ASPHALT COMPANY/P.H. Commercial Asphalt Company, a division of Tiller Corporation, is requesting renewal of their conditional use permit for a temporary asphalt plant. The plant is located in the southwest corner of the intersection of Highway 169 and County Road 33 . Staff ' s memo to the Planning Commission dated March 12, 1992 , regarding this issue is attached to this memo. Staff encourages the Council to read this memo for the particulars of this request. The Planning Commission felt that with certain stipulations , this temporary asphalt plant can meet the seven standards for a conditional use permit. They recommended approval of the renewal of Commercial Asphalt ' s permit with the following stipulations : III1 . That a maximum of 30% recycled asphalt can be used in the operation in order to control odor. If weather conditions make odor too noticeable, the operator must temporarily reduce the percentage of recycled asphalt in their operation until atmospheric conditions allow the 30% level to continue. 2 . That the lead concentration in fuel oil comply with current MPCA regulations or be no more than 4,000 MG/KG, whichever is less . Further, that analysis of lead concentration be provided as per MPCA's requirements . 3 . That a maximum of 20% opacity is allowed for emission from the stack for this operation. 4 . That particulate emissions be limited to a maximum of . 04 GR/DSCF. 5 . That all correspondence between Bartons and MPCA including test results be copied to the City. 6 . That Bartons be allowed to use baghouse finds in their asphalt mix, but that these finds must be kept in an enclosure to avoid windblown lead contamination. • 7 . That the natural vegetation between the proposed asphalt plant and Highway 169 be left to act as screening. Further, that additional pines are planted to further screen this area. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 III8 . That during dry periods the site must be watered to avoid dust. 9 . That Bartons reimburse the City for the cost of reviewing their proposal . That the City has the right to close this operation down if there is imminent danger and that City staff has the right to inspect the premises at any reasonable hour following notification. 10 . That the normal hours of operation for the plant are from 7 : 00 a.m. to 7 : 00 p.m. , seven days a week. However, hours can be extended for special cases by the Building and Zoning Administrator as long as the additional hours do not create a nuisance for surrounding residences . Further MPCA noise levels must be adhered to at all times during the operation of this plant. 11 . That the baghouse filter is tested once per month for leaks and the results of those tests are copied to the City. 12 . That this conditional use permit be reviewed in two years and a new permit be obtained at that time. • 13 . That stockpiles of recyclable materials not be placed in surface water and further that run-off from these stockpiles is directed away from any surface water. That the size of the stockpiles be limited to the amount of material that could possibly be used in one year, but not necessarily to what will be used in any one given year. Further, that the City understands with this stipulation that some recyclable materials will be retained over the winter so that recycling can start at the same time as spring start up for the asphalt plant. 14 . That Commerical Asphalt continue to work with City staff to resolve problems with odor and noise if they arise. There were additional stipulations placed on this operation during 1990 renewal that do not appear in the Planning Commission' s recommended conditions for this renewal . Those stipulations were rendered obsolete by the issues they dealt being resolved. • • PROPERTY OWNERS LIST 61 AD„r; S` J."ESCRI?T gy 3 4• 5 PARCEL id_: NA`1E ADDRESS LINE 1 ADDRESS LINE 2 AO^ '"SS LIN 3 6 • 8 75-115-330: U:NITER POWER :ASS 1CIA PO 33X 30) ELK 9 10 12 75-115-34J3 PLAI STED, JOHN CHR 12750 182ND AVE PO :: :i; `LK RIVER, ?. 13 • 14 15 16 41 , n —115-341 1 SHILLY MAS3NRY PR0DJ 6705 WEDG—WO10SUITH7 110 MAPLE L GROVE 5 18 19 • 20 21 22 • 2a 75-115-4300 ?ALE CO C/0 AIE GROUP PO BOX 307 ELK RIVER MN 5 z5� 6i 28 • 29 30 7> 12L 1033 FAIT j 1 :L.La.J NSf1IP 3F 00.1 5,T4" ST 31 3e 33 34 • 35 36 37 • 38 39 40 4/ 41 75-122-1203 PETERSON, JAMES C C 11460 205TH AVE ELK RIV " , M 5 43 44 45 • 4� 75-122-1206 PETERSON, RICHARD J 117b3 201ST AVE SLK RLV , M5 48 50 4 f � • y, N 54 • 56 57 41 /g19-1q14 AiL66 ' ) ' -- - - i LI 1 A r/ L'4- `1-k v b 1G� 11./4/ it Lail.. fit} / LI viii �'•� -- - affirre Id .� / A.42 MEW' .� . 4 Y (� �- ,J ). .I / ifiLfi.4 074, .,/ .�I _ r � �j. t/! ------- ---- /1i i� / L_ f: e&2O / 1 -s.�.. �� / i /. /L 71( 11�!S i y/ -� - i � imer . 0,J* . / JR. �i iia AC, _ if 4 A1 ' At1. W./ L � - -- ��-� _ _-_ .� /� - ////I .4 ` /, / I I. e'rd/w/L AtAtit/ 1 41,;/ W-Ov fitlrowAstmt_ /-/k, _ Aif 4.1 /Ad .44/ Au M Ili;el 117117itiL., - 41/. 1/1 Li...Li A if ATMAMIF /tiliftiMizei yriA0.1 14c (taz2_1, NEM 14/' WNW JiM- ' / // 4 • Li al 4/ I I, r.4 / / /GiN, %►,�% -- - -- �� !LCI • March 22, 1994 Elk River City Planner City Hall 720 Dodge Avenue NW Elk River, MN 55330 RE: Asphalt Processing in Elk River Dear City Planner, It has been brought to my attention that the Hot Melt Plant, located on Highway 169, has applied to renew its' permits to continue processing asphalt in Elk River. I have concerns. My family lives at 11301 198th Avenue, approximately 4000 feet from the plant. The air in our neighborhood at times has been suffocating due to the foul odor of melting tar. I have two small children who, like myself and my husband, deserve to know that the air we are breathing is clean and free of toxins. I've looked into this, and I discovered that the MPCA has been out to study the situation. However, they have never been in the area for testing on a day when the plant was in operation. You have a responsibility to the people of this city, to require an MPCA investigation on a day of operation. (I encourage you to, at least, acquire your facts from a party not affiliated in any way with the Hot Melt Plant.) Please consider the facts before making any decision in this case. I realize how convenient it would be to have this plant in operation during the reconstruction of Highway 101, but there is a great deal more at stake. Your position demands responsibility to the people of this city. It's you that we depend on. Respectfully, Carol S. Bolin Resident of Elk River • csb of F Shpt Fahy HealdvtlW ®Sugb FwNly fl Req Mia Fa * s& cams lU9 sI-gh Frm W ZONING MAP ®T. -- jF25- , ® T�/?"UW. FmJly FwfpanUtl FR41 M&C, p.�, Hamm T•. Ch7 ® CASE o El usm ei *w 12 Ma k. bm ( So Wh Feday k f T.. WEI Mlmml Em 11, m P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 .-.-1`,1,11111 �II11,111 1„ C' T �Tp STORIiWATER /. •`� Is �f•' _ VASH PLANT 1 s11ERna�r'' SCREEN .• - • �,'. IIJJJJJ ' FY =.= -=---moi -----� STOCA�PILE I 3s - 10'OsIV STORMWATER 1\ }_• =Y 1' t�1^ LPONO . OND I . .�, I• E. Yl . • . � ef:.+• L C/ �, '-f • I ASPHALT �(/�'{1'/�\'-- ;r PAVEMENT - 'Let- ''�00 8AT'CTI LAMi \I•�' • ASPHALT •• sracKPiLE - • `� .rim--c-Fr••� I STOCKPILE I _.QbND 10':n_ PIT 715 O iS • SCALE I / l< i �� . • STCCEPLIL -J CONCRETE 102st a 5TOCxPILE �, � .. 1,.1.,1• � I -- -// i, KVY STORMWATER DIRECTION RUNOFF STORMWATER DRAINAGE AREA I. < ` tI BOUNDARY � N + / I s: i j r M1 :•� 1 t a ==JR Wenck JULY 1993 Ve..k A,,pgl°,.,, In.. 1800 Pioneer Creek Center Figure NO. 1 Environmental Engineer, Maple PIOin• MN 55359 012 3 y a w 5 6 rm 45 _2 2499 ALVERTTA_ G _ c T RIVER, rz:_ATI, _. 1w;;LL ST EIZK RIV T M _ - - 11713 2 AVEELK RIVE��of 02/14/94 Od=50:16 NAME ADDI.ESS A`dO DESCR: PT PARCEL J3ri 'JA'dE ADDRESS LINE 1 ADDRESS LINE 2 ADDR--SS LINE 3 75-503-0410 WDDDFILLi KIRK JAMES 11620 201ST AVE ELK RIVERt M 5 75-508-0150 NITZUK• PATKICK M 11457 202ND AVE ELK RIVE", M 75-508-0155 JENSON9 CURTI3 A S G 20210 DODGE ST ELK RIVcR9 M 5 75-506-0170 OGRcNt ERIC S E CHRI 20133 DODGE ST ELK RIVER, M ° FINAL TOTALS E N., D O F R E P O R T -.. .- Label.q fnr State of Minnesota, County located within the 350 foot radius - of Sberburne, and City there are not parcel of FIk Riupr nrp also inn1,jdPd specific numbers listed for the roe