5.1 PCSR 03-28-1995 ek,/ A
ITEM 5.1.
ft: of ,„/
MEMORANDUM
.lkRiver•
TO: PLANNING COMMISSION
FROM: STEPHEN ROHLF, BUILDING 412.
AND ZONING ADMINISTRATOR
DATE: MARCH 20, 1995
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY NORTHERN CON-AGG/
PUBLIC HEARING CASE NO. CU 95-04
ISSUEBACKGROUND
Northern Con-Agg is requesting an update of a conditional use permit for
mineral excavation and processing on an approximately 140 acre site. The
shop associated with this operation is on a separate 20 acre parcel, but is
included as part of this conditional use permit. No mining operations on the
20 acre shop parcel are proposed as part of this current request.
• The 140 acre site on which mining activities are proposed, is owned by Mr.
Julius Nemeth and is being leased by Northern Con-Agg. Mr. Nemeth has
co-signed the conditional use permit application. The 20 acre shop site is
owned by Northern Con-Agg. Both the shop site and the proposed mineral
excavation site were re-zoned to "Mineral Excavation Overlay" during a
recent City initiated zone change.
The 140 acre mineral excavation site is currently being mined by Northern
Con-Agg. They are updating their conditional use permit as agreed to
through the Environmental Impact Statement process recently finalized by
the City. Mining activities on this site are proposed to continue for
approximately 15 to 20 years.
Elk River Bituminous is also currently conducting mining operations in the
southeast corner of Mr. Nemeth's property. Elk River Bituminous'
conditional use permit is current.
LOCATION
The parcel proposed to be mined lies directly north of 213th Avenue (County
Road 77) and west of Highway 169. The shop site lies east of Highway 169.
• Figures 1-6 in the attached application by Northern Con-Agg show the
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Page 2
• location of the two sites. Legal descriptions for the sites are also contained in
that application.
ATTACHMENTS
1. An application provided by Northern Con-Agg, Inc. dated March, 1995.
2. A memo from Mark Olson and John Lichter of B.A. Liesch and
Associates, regarding groundwater monitoring, dated March 15,1995.
3. A memo from City Engineer, Terry Maurer, dated March 20, 1995.
4. A letter from Dave Schwarting, County Engineer, dated March 7,
1995.
ANALYSIS
As previously stated, the gravel mine in question is an existing operation,
therefore, it is somewhat easier to analyze what issues should be of concern
because there is a history for the operation. The other major item which
makes analyzing the issues easier is the City's Environmental Impact
Statement on gravel mining. Northern Con-Agg's request appears consistent
•
with that document. That Environmental Impact Statement also satisfies
the State required environmental review process for this operation. Further,
staff met with the residents adjacent to Northern Con-Agg's operation on
January 25, 1995, to hear their concerns.
RECLAMATION
Sheet 3 of 3, included in the application by Northern Con-Agg (the last page
of the application) shows the proposed contours of the final reclamation for
this property. The contours proposed are consistent with those roughly
identified in the City's Environmental Impact Statement. Run-off from the
project is directed inward to a proposed ponding area, which the City would
encourage. The end uses identified by Northern Con-Agg, residential or
agricultural, are consistent with the current agricultural zoning of the
property; although the contours proposed would accommodate any future
type of zoning.
One inconsistency between the proposed final reclamation plan and the
Environmental Impact Statement are the 4:1 slopes on the north, west, and
south sides of the property. Those slopes rise from the bottom of Northern
Con-Agg's site to match existing elevations of adjacent properties. On the
III south side, it is anticipated that in the future County Road 77 will be lowered
and on the west and north sides the adjacent properties will be mined.
s:planning:pc:95-04
Page 3
The timing of these things are out of Northern Con-Agg's control, therefore,
staff feels their reclamation plan is appropriate. However, their reclamation
plan is realistically an interim plan, which will change in the future.
Whoever proposes that future change, will need to do so through the
conditional use process.
As indicated in their application, Northern Con-Agg is proposing to reuse
stockpiled topsoil to establish ground cover for reclamation. That ground
cover must be Northern Con-Agg's responsibility to maintain until it is self
sufficient.
As part of each yearly license, staff will determine how much reclamation is
possible and feasible to occur in the forthcoming year. Staff is recommending
that Northern Con-Agg provided a $5,000 dollar letter of credit in favor of the
City to ensure yearly reclamation.
The actual area proposed to be mined is not currently blessed with a
significant amount of trees. Northern Con-Agg indicated in their application
that they will start a nursery for tree seedlings to be used in the future
development of the site. They did not indicate how many trees they
anticipate planting.
•
TRAFFIC
The access to the site is via Highway 169. There is an existing acceleration
lane and de-acceleration lane on the Highway that adequately accommodates
Northern Con-Agg's truck traffic. No further traffic improvements will be
needed to accommodate this operation. Staff is recommending that truck
traffic from the site is prohibited from using local streets, other than
Highways 169 and 10, with the exception of localized jobs.
As indicated in his attached letter, Dave Schwarting, County Engineer, feels
that Northern Con-Agg's operation will not adversely impact the County road
in this vicinity. Lastly, Mr. Maurer indicates in his attached letter that with
the 50 foot setback from the right-of-way of County Road 77 to the slopes
proposed, guardrails will not be needed along that road.
DUST CONTROL
A major problem in the past from this operation has been dust. The property
owner immediately to the north of the Northern Con-Agg site, experienced
intolerable dust levels on their property from this operation. Staff has spent
• numerous hours in trying to resolve this issue and discovered the major
source of the problem was traffic on haul roads. The simple solution was to
s:planning:pc:95-04
Page 4
• water the haul roads more frequently. In addition, a sand pile on the north
end of the property has been vegetated, which appears to be of further
benefit.
An air quality permit will be required of this operation in the future.
Northern Con-Agg has made the appropriate application for that permit.
NOISE/HOURS OF OPERATION
Northern Con-Agg has indicated that they only wish to operate during the
hours that are currently allowed by the City Ordinance, which are 7:00 a.m.
to 7:00 p.m., Monday through Saturday. To further help control noise, the
strategic placement of equipment will be implemented. An example of this
would be having crushing and screening operations stay close to an excavated
bank which will deflect the noise away from adjacent residential dwellings.
Placement of stock piles will also be used.
Although there are not a large number of residential dwellings in close
proximity to Northern Con-Agg's operation, noise can be hard to predict and
houses much farther away than anticipated can be affected. Staff will need
the authority to deal with these issues, if and as they arise.
• SHOP
The shop associated with this request is an existing support facility for the
mining activities. The shop has the appropriate MPCA hazardous waste
generators license for the typical materials used. Northern Con-Agg is also
currently recycling the appropriate items from this shop and properly
disposing those items which cannot be recycled. Staff is recommending that
any storage associated with this facility either be indoors or screened. Having
a shop facility such as this for a mining operation, is to the advantage of the
City. A shop allows maintenance of equipment to take place indoors on a
concrete floor so that fuels and other fluids are not spilled on site.
GROUNDWATER MONITORING
Attached to this memo is a memorandum from B.A. Liesch and Associates
dated March 15, 1995, regarding ground water concerns and testing.
Northern Con-Agg has indicated in their application that they anticipate the
bottom of their pit to be 10 feet above ground water. However, if the
materials and the market are favorable, they may excavate below the water
table using a drag line or dredge. Mining in exposed ground water increases
the concerns for water contamination. The conditions found later in this
memo regarding the frequency of testing and other contamination
s:planning:pc:95-04
Page 5
• preventative measures, staff feels adequately addresses these additional
concerns.
Northern Con-Agg already has a DNR water appropriation permit, a storm
water permit from MPCA, has registered their above ground fuel tanks with
MPCA, and has an appropriate emergency spill response plan. Additionally,
they will be providing an adequate dike around their above ground fuel tanks
in the summer of 1995. Lastly, they will have a boom available on site to
contain a spill if and when they mine below water levels.
MAINTENANCE OF SECURITY/SCREENING
Northern Con-Agg is proposing to use berms and signings every 100 feet to
warn the public of the inherent danger of the active area of this site. These
berms are proposed to be a minimum of 4 feet in height, with higher berms
being used when they are adjacent to roadways.
RECOMMENDATIONS
With appropriate conditions placed on this operation, staff feels this request
•
can meet the seven standards for approving a conditional use permit.
Therefore, we recommend approval of a conditional use permit for mineral
excavation for Northern Con-Agg under the following findings and with the
following conditions:
Findings
1. That the conditions placed on the operation adequately protect
adjacent neighborhoods and the City from detrimental affects from the
operation due to excessive traffic, noise, smoke, fumes, glare, odor,
dust, or vibration.
2. That the operation will not result in a loss of natural, scenic, or
historic features of major importance.
3. That the proposal is consistent with the City of Elk River's
comprehensive plan, mineral excavation ordinance, zoning ordinance,
and Environmental Impact Statement on mineral excavation.
4. That the conditions placed on the operation require it to comply with
all appropriate City, State, and Federal requirements.
IP
s:planning:pc:95-04
Page 6
• Conditions
1. 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.
2. The operator shall orally notify the City of any violations of this permit
within 24 hours and follow this 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 forthcoming year. This is to be done at the time of license renewal.
3. 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 the time of renewal. This license fee is not in
lieu of gravel tax collected by the County and a portion of which the
0 City receives.
4. Violations of this conditional use permit may result in suspension or
revocation.
5. The City Building and Zoning Administrator and/or, his/her agents,
shall be permitted to inspect the operation for compliance with the
conditions of this permit during normal hours of operation.
6. The City's approval of this conditional use permit is subject to the
approval of appropriate permits by other governmental agencies.
7. No explosives shall be used for this operation.
8. 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.
s:planning:pc:95-04
Page 7
• c. A $5,000 dollar letter of credit, bond, or deposit, approved by
staff, shall be required 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 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.
9. Traffic
a. Except for localized jobs, traffic through Elk River associated
with this operation shall be limited to U.S. Highway 10 and 169.
10. Dust Control
• a. A permit from MPCA regarding air emissions shall be obtained
when required and particulate emission standards shall be met
by the operation.
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 as
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.
11. Hours of Operation
All mineral excavation, processing, and sales activities shall be
conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday. Increased hours shall require an amendment to
this permit.
•
s:planning:pc:95-04
Page 8
• 12. 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.
13. Shop
a. No unscreen 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.
14. Lighting
Lighting from the operation shall be directed away from adjacent
III
public right-of-way and nearby or 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.
15. The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on this site, with the
exception that reusable parts may be stored on the mineral excavation
site provided that it is in a location that cannot be viewed from
adjacent properties or is totally screened.
16. Mining activities shall not cause excessive vibration off site. If
excessive vibration becomes an issue, the City reserves the right to
take appropriate measures to alleviate the problem.
•
s:planning:pc:95-04
Page 9
• 17. Groundwater protection measures shall include:
a. The operator shall file with the City and 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, 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.
e. A water appropriation permit from the Department of Natural
Resources must be obtained.
f. The wells located at the Julius Nemeth residence, the scale
IIIhouse 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 must be monitored for DRO prior to
excavation activities commencing and after their cessation.
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 per
month, said frequency to be increased during dry periods. This
routine testing shall also be done for the water recycling pond.
h. Water usage by mining activity shall not adversely affect
adjacent residential wells. Mitagative measures may include,
but are not limited to, curtailing of pumping activities until
water levels return.
• i. The appropriate storm water permit shall be obtained by the
operator from MPCA.
s:planning:pc:95-04
03/22/95 14:32 $612 559 2202 BA LIESCH 002/003
• LIENCH
B.A,LIESCH ASSOCIATES, INC, 13400 15TH AVE.N. MINNEAPOLIS, MN 55441 612/559-1423 FAX:612/559-2202
MEMORANDUM
TO: Mr. Steve RohIf - City of Elk River
FROM: Mark Olson and John Lichter
DATE: March 15, 1995
RE: Northern Con-Agg., Inc. Gravel Mining Plan
At your request we have completed a review of the Northern Con-Agg application entitled
"Conditional Use Permit Update for Mining and Processing at the Existing Northern Con-Agg.,
Inc. Elk River Gravel Mine." The application was well organized and generally addressed the
potential environmental concerns identified by the Elk River Sand and Gravel Mining District
EIS. The following few comments regarding the proposed water level and quality monitoring
• are offered for your consideration and use in completing the conditional use permit process.
Pages 11 and 12 of the application indicate that gravel mining is targeted for a base elevation
of 955 which is approximately 10 feet above the water table. However, dependant on market
demand and the quality of the material available, it is stated that mining may extend to a lower
elevation which is below the water table. If mining is to extend below the water table, two
water quality monitoring events for volatile organic compounds (VOCs) are proposed. The
sampling events are to occur before excavation below the water table begins, and again during
mining activities. It is assumed that the proposed monitoring is to be protective of the increased
potential for impacts to come in contact with the exposed water table from mining equipment.
It is not stated where the water samples will be collected.
Based on the potential source of impacts, which are principally the fluids associated with mining
machinery, it may appear prudent to add Diesel Range Organics (DRO) and Gasoline Range
Organics (GRO)to the parameter list. In addition, the sampling locations should include the two
shallow on-site wells (Northern Con-Agg Wells #1 and #2), and the nearby Nemeth residential
well. For clarification, it is noted that Northern Con-Agg Well#1 is the 4-inch scale house well
designated as well "E" in the EIS (see Table 3.3-2 and Figure 3.3-1 in the EIS); and Well #2
is the 16-inch wash water well designated in the EIS as well "F". The Nemeth residential well
is located due south of Northern Con-Agg Well 4'2 (well "F").
With regard to sampling frequency, it may be desirable to identify that a sampling event occur
• at the cessation of mining activities for the year. This latter sampling event could be in addition
to, or in place of, the second sampling event proposed in the document. If a spill should occur,
it is stated that floating booms be used to collect the product spilled product. Sampling during
mining activities may best take place in the event of such a release.
03/22/95 14:33 $612 559 2202 BA LIESCH 8003/003
Page 2
March 22, 1995
Page 11 of the application indicates that wash water used at the facility will continue to be •
obtained from the on-site pond and adjacent well as necessary. According to the application,
water level monitoring will occur during the pumping season to assure that drawdown of the
water table does not create problems with nearby wells. The application does not identify the
water level monitoring points. It is prudent that the specific monitoring points and frequency
of monitoring be identified. Water level monitoring should be initiated before pumping season
begins and several times during the first week. Thereafter, monitoring should occur two times
per month with the option to increase monitoring intervals in the case of climatic dry periods,
which would likely cause a corresponding drop in the elevation of the water table. The water
level monitoring should include the pond, and the three nearest wells previously identified for
water quality sampling including Northern Con-Agg Wells#1 (well "E"), and#2 (well "F"), and
the Nemeth well.
Please call us if you have any questions or comments. Thank you.
/u/Prj/GO/00001/gray.wp
•
•
B.A.LIESCH ASSOCIATES, INC. 13400 15TH AVENUE NORTH MINNEAPOLIS, MINNESOTA 55441
MAR - 22 -- 95 WED 10 : 29 MSA ST PAUL P . 0 2
S
•l'IIr March 20, 1995
File: 230-266-70
[ SILTING E1G11B6RS
1326 Energy Pork Drive Mr. Steve Rohlf
Sr.Poul,MN 55108 Building and Zoning Administrator
612.644.4389 City of Elk River
1800-8882923 13065 Orono Parkway
Fox 612.6449446 P.O. Box 490
Elk River, MN 55330
RE: NORTHERN CON-AGG, INC., GRAVEL MINING PERMIT REQUEST
Dear Mr. Rohlf:
As requested, we have reviewed the submittal package from Northern Con-Agg, Inc.,
regarding their application for a conditional use permit for a mining operation. Based on
their submittal package and our review, we would offer the following comments:
CIVIL ENGINEERING' 1. It appears from their estimates that the mining operation is expected to last
iiiRONMENTAL approximately 15 years at an annual rate of 400,000 tons per year.
ICIPAI
P`ANN`G 2. The site has direct access onto TH 169. There are existing turn lanes and
sou°WASTE acceleration lanes which provide for reasonable access for mining operation onto
STRUCTURAL and off of the trunk highway. The site could access directly onto County Road 77
suRVEYING on the south of the property. However, the submittal indicates that the vast
TRAFFIC majority of the traffic is expected to leave via the highway either north or south.
TRANSPORTATION
EIECTRICAUMECHANICAL
3. Available information indicates that the water table at the site is expected to be at
ENGINEERING: approximately elevation 945. The Plan of Operation indicates that mining is
HVAC expected to approximately elevation 955. This would leave an estimated 10 foot
PCwER DIST MOON separation between the bottom of the mining and the expected ground water
SCA DA elevation.
SYSTEM CONTROLS
4. The Plan of Operation indicates that material will be crushed and washed at the site.
Since an existing mining operation currently operates here, there already is a DNR
Water Appropriation Permit in place which monitors the use of ground water for
the washing operation.
5. The final Reclamation Plan indicates a bottom elevation of approximately 955. The
highway on the east side is in the range of approximately 975 at the lowest point to
approximately elevation 1,009 at the southeast corner. Therefore, the property will
FCES IN: slope up to the existing highway elevations. The Reclamation Plan shows existing
MINNEAPOLIS elevations in the range of 1035 on the south, west, and north of the site. This
PRIOR LAKE indicates a slope at 4:1 of approximately 75 feet in vertical elevation. This will be
ST.PAUL
1 AR - 22 - 95 WED 10 : 30 MSA ST PAUL. P _ 17 3
Mr. Steve Rohif •
March 20, 1995
Page Two
necessary until the other properties surrounding the Northern Con-Agg site are
mined and can be reclaimed and restored at approximately the same elevation.
Ultimately, these slopes should be reduced substantially. It is also planned that
some day in the future, County Road 77 on the south would be lowered to better
match the final reclamation elevation of this site and the site to the south.
6. The Reclamation Plan shows a horizontal distance of 50 feet from the right-of-way
to the top of the slope on the south adjacent to County Road 77. This exceeds clear
zone widths as laid out in the MnDOT Municipal State Aid Guidelines; therefore,
it is likely that no additional safety measures would be necessary, such as fencing
or guardrails in this area.
7. We have assumed that other issues, such as ground water monitoring, noise, dust,
and other environmental issues will be handled by you or your environmental
consultant.
If you have any questions regarding any of these comments, or would like further
informa'i on, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry T. Maurer, P.E.
TIM:tw
266-2203.mar
MAR p g 1955
-N Sherburne County
54q11 waVepartment
.w-)
P.O. BOX 338 • ELK RIVER, MN 55330 • PHONE(612)441-1722 • FAX(612)441-2264
March 7, 1996—
Mr. Steven Rohlf
City of Elk River
Planning and Zoning
13065 Orono Parkway, Box 490
Elk River, MN 55330
RE: Conditional Use Permit Application for Mining and Processing at the Northern Con-Agg.,
Inc. Elk River Gravel Mine
Dear Mr. Rohlf:
• As you requested, we have reviewed the above referenced report. Based on the findings in the report,
we do not believe that this project would adversely impact the County roads in the vicinity if the
permit is adhered to.
Should you have any questions or require any additional information, please feel free to call.
Sincerely,
OP67-06-",-OUM°S7i
David R. Schwarting, P.E
Sherburne County High -ay Engineer
•