6.5 ekr A
( ITEM NO. C , trp, (5-
o f of MEMORANDUM
1' River TO: Planning Commission
FROM: Stephen Rohlf, Building and
Zoning Administrator
DATE: December 12, 1995 SX.
SUBJECT: Conditional Use Permit by
Straightline Excavation/Barton
Sand and Gravel for Mineral
Excavation CU 95-30/Public Hearing
Background
Mineral excavation activities began on the Elk River Landfill property back
in 1972. Staff believes it was under a permit by Johnson Aggregate.
Straightline Excavation has been mining in this area since 1986.
Currently, Elk River Landfill, Inc., is the property owner; Barton Sand and
Gravel holds a lease for mineral rights, and Straightline Excavation has been
doing the mining as a subcontractor to Barton Sand and Gravel.
As part of the city's Environmental Impact Statement on gravel mining, all of
the active mining operations agreed to update their permits, if needed. This
is the last site that needs to do so. The property involved is already zoned
ME (Mineral Excavation Overlay District).
Attachments
1. A vicinity map showing the location of the affected property.
2. Straightline Excavation's application dated October, 1995. From this
document staff did not copy the Planning Commission some of the
figures, drawings, and appendices, which were other related permits.
Once the conditional use permit is updated on this property, all
appropriate local and state permits will be in place for this operation.
Staff also did not include a detailed contour map that was submitted.
There were not enough copies for all of the Planning Commission
members and reproduction of this map would of been impossible.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Page 2
• Instead, we approximated the area that has already been mined and
the area that is proposed to be mined on the vicinity map.
3. Operations site plan.
4. A conditional use permit.
Issues
1. Traffic
The site has direct access to Highway 169 via existing acceleration and
de-acceleration lanes. Staff is proposing as a condition to this permit
that material hauled from this site is restricted to US Trunk Highways
169 and 10, except for localized jobs.
2. Fencing and Screening
This mining operation is related to the Elk River Landfill. Materials
are mined out creating a hole prior to the area being used as a landfill.
As part of their operation the landfill has placed a six foot high chain
link fence around the entire property, including all the property that
0 will be excavated for minerals.
The landfill is required to leave natural vegetation within a 200 ft.
buffer zone from their property line. Areas without significant natural
vegetation are proposed to have a berm planted with evergreens to
screen the operation. Staff is proposing that Straightline Excavating
is prohibited from mining within 200 ft. of the property lines. Further,
that they are required to leave natural vegetation within this 200 ft.
where it exists, and construct a 6 ft. high berm with evergreens on top
for screening where woods do not exist. The entire south half and most
of the western side of the property has significant existing hardwoods.
3. Groundwater
Due to the landfill operation, adequate monitoring wells exist around
this site to monitor groundwater quality. Further, there is adequate
equipment to control spills, which could threaten groundwater. All of
Straightline Excavating's equipment is repaired at the Elk River
Landfill's shop, which further protects groundwater. The fuel tank for
Straightline Excavation's generator is contained within a semi-trailer
with the generator. Fuel tanks for Straightline and the landfill's
• equipment are above ground and currently under the size which
pc12-12/bz/stever
Page 3
• requires secondary containment. Any new tanks will be properly
contained.
Staff is proposing that mineral excavation activities remain a
minimum of 5 ft. above the seasonally high water table. The
groundwater contours in this area are approximately 955 ft. to 960 ft.
above mean sea level. The approximate average of the current depth
of excavation in this area is 970 ft. above mean sea level. This
stipulation will further protect groundwater and is also required by
MPCA for the landfill's permit.
Lastly, staff is proposing that the excavation permit for this operation
excludes any wash operation. Water appropriated from this site could
increase the lateral movement of contaminants in the groundwater
from the original cell of the landfill.
4. Reclamation
The proposed reclamation plan for this mineral excavation operation is
to use the property for a sanitary landfill. Details regarding final
elevations, ground cover, etc., are contained in the landfill's closure
. plan. The contours proposed in the landfill's plan are consistent with
the city's Environmental Impact Statement on mineral excavation.
5. Other Conditions
Other conditions staff is proposing to place on this operation are
basically standard for all mineral excavation operations and can be
found in the attached conditional use permit.
6. Mining During
In their application, Straightline estimates 20 to 30 years of additional
mining. Staff believes a more realistic figure to be 5 to 7 years.
Recommendation
Staff finds the proposed mineral excavation operation consistent with the
City's Mineral Excavation Ordinance, the City's Environmental Impact
Statement on Mineral Excavation, the City's Conditional Use Permit
Ordinance, and other applicable ordinances. We therefore recommend
approval of this request under the terms found in the attached conditional
use permit.
•
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•
APPLICATION TO
THE CITY OF ELK RIVER
FOR A
CONDITIONAL USE PERMIT
• BY:
STRAIGHTLINE EXCAVATION INC.
FOR MINING OPERATIONS
PERFORMED AT THE
ELK RIVER LANDFILL SITE
OCTOBER, 1995
e
TABLE OF CONTENTS •
INTRODUCTION: 1
2. SITE INFORMATION NARRATIVE:
A. LEGAL DESCRIPTION 2
B. SITE APPLICANT, OWNER AND LICENSEE 3
C. LANDOWNER LIST/350' PARAMETER PROXIMITY 4-4E
D. PURPOSE OF EXTRACTION 3
E. ESTIMATION OF EXTRACTION/RECLAMATION COMPLETION 3
F. PUBLIC ROADWAY ACCESS 5
G. SPECIFICATION HIGHLIGHTS NARRATIVE: 5
1. SUPPORTING FIGURES/DRAWINGS 5
2. QUANTITY OF MATERIAL TO BE EXTRACTED 5
3. DEPTH TO WATER TABLE 5
2A. CERTIFICATION FIGURES AND DRAWINGS:
1. ADDENDUM A (LANDOWNERS LIST) 4-4E
2. FIGURES AND DRAWINGS:
FIGURE# 1: SITE LOCATION MAP 6
FIGURE#2: PLAT MAP 6A
FIGURE #3: SITE OPERATIONS MAP 6B
FIGURE#4: LANDOWNERS MAP/GRAVEL DISTRICT MAP 7
•
FIGURE#5: ELK RIVER GRAVEL MINING DISTRICT MAP 8
FIGURE #6: CONTOUR WATERSHED DIVIDE MAP 9
FIGURE#7: GROUNDWATER FLOW MAP 10
3. PLAN OF OPERATION NARRATIVE: 11
4. PERMITS AND LICENSE SECTION NARRATIVE:
A. DRAINAGE AND WATER QUALITY 11/12
B. WIND AND WATER EROSION 12
C. DUST CONTROL 12
D. MAINTENANCE OF SECURITY 12
E. WEED CONTROL 12
5. RECLAMATION PLAN NARRATIVE: 13
6. APPENDICES:
APPENDIX# 1A: BARTON EXCAVATION LICENSE 14
APPENDIX# 1B: STORMWATER PERMIT/ANNUAL REPORT 15
APPENDIX#2: SPILL OF MATERIALS SAFETY PRACTICE SHEET 16
APPENDIX# 3: SITE EMERGENCY EVACUATION SAFETY SHEET 17
APPENDIX#4: MEANS OF EGRESS SAFETY PRACTICE SHEET 18
APPENDIX# 5: SMALL QUANTITY HAZARDOUS WASTE LICENSE 19
APPENDIX#6: AIR EMISSION PERMIT AND AMMENDMENTS 20 •
APPENDIX#7: AIR EMISSION INSPECTION DATED 8/10/95 21
•
APPLICATION TO THE CITY OF ELK RIVER
BY
STRAIGHTLINE EXCAVATION, INC.
FOR:
A CONDITIONAL USE PERMIT
USED FOR
MINING AND PROCESSING
AT THE
ELK RIVER LANDFILL, INC.
GRAVEL SITE
* * * * * * * * * *
1. INTRODUCTION:
•
Straightline Excavation, Inc., currently mines gravel for Elk River Landfill,
Inc., in its' pit leased by Barton Sand and Gravel and is located in the northern
most portion of the City of Elk River, Elk River, Minnesota. (See Site Location
Map, Page 6). This site has been an active gravel mine for 22+ years. In
compliance with City code as well as consistent with requirements of the Elk
River Mining District Overlay, Straightline Excavation, Inc., is applying for a
Conditional Use Permit to mine and process gravel at the Elk River Landfill site.
The Elk River Landfill site is included in the Elk River Gravel Mining District as
well as being zoned as part of the Solid Waste Overlay District. This mining site
comprises approximately 86 acres. Mining activities consist of gravel removal
and crushing. These materials are extracted and processed by Straightline
Excavation, Inc., for Elk River Landfill, Inc., and then sold by the licensee,
Barton Sand and Gravel.
•
1
2. SITE INFORMATION: •
A.) LEGAL DESCRIPTION OF PARCELS:
Combined description of the parcels begins as such: That part of the
Northwest Quarter of Section 3, Township 33, Range 26, lying west of the
Westerly line of the right-of-way of U.S. Highway No. 169.
Excepting therefrom that part of the North 470 feet, as measured at right
angles of the Northeast Quarter of said Northwest Quarter of Section 3 lying
west of said Westerly line of the right-of-way of U.S. Highway No. 169 and lying
east of a line described as Beginning at a point on the North line of said
Northeast Quarter of the Northwest Quarter a distance of 650 feet west of the
intersection of said North line with said Westerly line of the highway right-of-way;
thence south parallel with the West line of said Northwest Quarter to intersect
the South line of said Northeast Quarter of the Northwest Quarter and there
terminating.
AND that part of the North 525 feet, as measured at right angles, of the
Southwest Quarter of said Section 3, lying west of said Westerly line of the right-
of-way of U.S. Highway No. 169.
AND that part of the North 525 feet, as measured at right angles, of the
Northwest Quarter of the Southeast Quarter of Section 4, said Township 33, III
Range 26, lying east of the East line of the right-of-way of the discontinued
Burlington Northern Railroad Company (formerly Great Northern Railway).
AND that part of the Northeast Quarter of said Section 4 lying east of said East
line of the right-of-way of the discontinued Burlington Northern Railroad
Company.
AND that part of the South 200 feet of the Southwest Quarter of Section 34,
Township 34, Range 26, Livonia Township, lying west of the following described
line: Commencing at the Southwest corner of the Southwest Quarter; thence
east along the South line of the Southwest Quarter a distance of 1722.70 feet to
the actual Point of Beginning of the line to be described; thence northeasterly
deflecting 79 degrees 26 minutes 37seconds left to the North line of the South
200 feet of said South Half of the Southwest Quarter and terminating thereat.
(See Figure #2, Page 6A for outline).
ALL of the above being within Sherburne County, Minnesota.
NOTE: Please see "CERTIFICATE OF SURVEY' drawings dated July 21,
1995 submitted to/and on file at the City of Elk River by John Oliver and
Associates, Inc., for Elk River Landfill, Inc. documenting full property legals and •
outlines.
2
•
B. SITE APPLICANT, OWNER AND LICENSEE:
PERMIT APPLICANT: SITE OWNER:
Straightline Excavation, Inc. Elk River Landfill, Inc.
P.O. Box 114 22460 Hwy 169 NW
Zimmerman, MN 55398 Elk River, MN 55330
MATERIAL LICENSEE:
Barton Sand and Gravel Co.
10633 89th Avenue North
Maple Grove, MN 55331-6480
NOTE: See attached copy of Excavation License issued to Barton Sand
and Gravel Company by the City Of Elk River on May 26, 1995.
(See Appendix 1A, Page 14)
C. LIST OF PROPERTY OWNERS WITHIN 350 FEET OF SITE:
Please see list prepared by the Sherburne County Auditors' Office.
(See Addendum A, Page 4-4E)
• D. PURPOSE OF EXTRACTION:
The purpose of Straightlines' operation is to mine and process sand
and gravel for Elk River Landfill, Inc. for Barton Sand and Gravel. Bartons'
resale of this material is used not only by contractors for commerical projects but
also for state and local highway projects as well.
E. ESTIMATION OF EXTRACTION/RECLAMATION COMPLETION:
Elk River Landfill, Inc. began mining at this site in 1972. Estimates
are that there is 20-30 years of additional mining potential at this site.
Straightline will continue to mine this site as long as Elk River Landfill Inc.
requires landfill space or as long as there is gravel to mine. The current
extraction rate for this site is 350,000 tons of material per year.
The interim reclamation process which follows the current extraction
is the utilization of the mined hole as a licensed/permitted mixed municipal solid
waste sanitary landfill facility.
.
3
•
F. PUBLIC ROADWAY ACCESS:
The Elk River Landfill site has direct access to U.S. Highway 169 by
both a north and south entry/exit. Turn lanes and acceleration lanes assist traffic
to properly utilize the site from both northbound and southbound directions.
G. SPECIFICATION HIGHLIGHTS THRU SUPPORTING MAPS,
PHOTOS AND SURVEYS:
1. The potential mining site consists of approximately 86 acres:
FIGURE 1: Site Location Map.
FIGURE 2: Shows the outline of the site in relation to the rest of
the City of Elk River.
FIGURE 3: Site Operations Map.
FIGURE 4: Highlights the site in relation to other landowners.
FIGURE 5: Highlights the site in relation to the rest of the Gravel
Mining Overlay District.
FIGURE 6: Contour as shown on Watershed Divide Map.
2. QUANTITY OF MATERIALS TO BE EXTRACTED:
Current extraction rate at the site is 350,000 tons annually. This rate
Is subject to the needs of the licensee, Barton Sand and Gravel.
3. DEPTH TO WATER TABLE AT THE SITE:
Water table elevations within the Gravel Mining District are shown
on Figure 7, (Groundwater Flow Map, Page 10). The water table at
the site is at an approximate elevation of 960 feet.
H. CERTIFICATION:
See following pages 6-10 for drawings and figures. w
5
•
3. PLAN OF OPERATION FOR THE SITE:
The mining will remain the same as that of the existing operation. The
gravel is removed from the bank by use of front end loaders to an approximate
elevation of 965 feet. No explosives are being used at this site. Gravel is not
being excavated below water at this time, however gravel of sufficient quality
may be excavated to the water table. The raw gravel is crushed and screened in
an area close to the excavation bank. The steep slopes here help to isolate the
noise of the operation. After crushing and/or screening, the various products are
conveyed to stockpiles until they are loaded onto trucks for delivery offsite by the
material licensee.
Generally, the mining will continue to the south where it adjoins the Tiller
Corporation property. The interim reclamation/rehabilitation portion of this
property plan is the utilization of this mined space as a licensed/permitted mixed
municipal solid waste sanitary landfill. (See Site Operations Map, Page 6B)
The shop facility is owned by Elk River Landfill, Inc., and supports both Elk River
Landfills' operation as well as Straightlines' mining activity. This activity also
• includes equipment maintenance and repair as well as equipment storage for
both companies.
4. PERMITS AND LICENSE SECTION:
A. DRAINAGE AND WATER QUALITY:
Because Elk River Landfill, Inc. owns the property, it is Elk River
Landfill's obligation to maintain the appropriate NPDES permits. Drainage is
contained on site. Runoff is managed by being directed to low areas of the pit
where sediments are removed and the water infiltrates the soil. This plan
complies with the requirements of ERL's Storm Water Permit issued by the
Minnesota Pollution Control Agency. A copy of the most recent Annual
Complianace Report, dated April 10, 1995, is found attached. (See Appendix
#1B, page 15).
Mining operations comply with all regulatory agencies in order to maintain
water quality. In order to minimize the chance of spilling fuel or lubricants, the
machinery is serviced in the shop facility. (See Appendix#2 for Job Safety
Practice Sheet #5-105, page 16, relevant to this text). Existing fuel storage tanks
• are above ground and the new tank planned for installation by ERL will have
secondary containment walls. All fuel pumps have locking devices.
11
An Emergency Spill Response Plan has been developed for this site in •
conjuntion with Elk River Landfill, Inc. Please see Appendix#3, page 17 (Site
Emergency Evacuation Plan) and Appendix #4, page 18 (Means of Egress)
which is in place to repond to an emergency spill situation should one occur.
This plan was developed as a collective effort for inclusion in the Health and
Safety Plan adopted by Elk River Landfill, Inc., Straightline Excavation, Inc., and
Conteck Environmental Services, Inc. and dated April 1, 1994.
The shop facility has in effect a Small Quantity Hazardous Waste
Generator License registered with the MPCA, (See Appendix #5, page 19). All
used engine fluids and filters are removed from the site by licensed recycling
vendors.
B. WIND AND WATER EROSION:
Erosion by wind and water are for the most part contained on site.
C. DUST CONTROL:
Dust is created from the following two sources; dust from the plant
processing (conveyor transfers) and from haul road traffic. The dust from the
plant processing is naturally held to a minimum by moisture in the bank. Dust 411
from the haul roads on site is minimized by a watering regimen. This regimen
consists of watering all site roads a minimum of three times, a day during dry
months and documenting the amount of water used.
An Air Emissions Permit has been obtained by Straightline Excavation,
Inc. from the Minnesota Pollution Control Agency. (Please see Appendix#6,
page 20 for active permit copy, including Amendments 1,2;&3). Also, please see
Appendix#7, page 21 (Straightlines' most recent inspection report by MPCA)
dated August 10, 1995 demonstrating compliance with the permit standards.
D. MAINTENANCE OF SECURITY:
The owner of the site, Elk River Landfill, Inc., is in the process of working
towards the installation of a full parameter fence for this site.
E. CONTROL OF WEEDS:
Weeds are controlled on site by the owner.
12
•
5. RECLAMATION PLAN:
As indicated narratively on page three under the ESTIMATION OF
EXTRACTION/RECLAMATION COMPLETION portion of this application, the
interim reclamation process of this mined property will be consistent with that of
a licensed/permitted mixed municipal solid waste sanitary landfill.
The final reclamation of the site will be acomplished by the owner of the
property, Elk River Landfill, Inc. Please see enclosed with this application, a
copy of Elk River Landfill, Inc.'s SW-74 Long -Term Development Plan
addressing in detail the final rehabilitation and/or reclamation of this site.
Also, please see the enclosed 1995 Contour Maps of the Elk River
Landfill, Inc. site which were prepared by Mr. John Cannon, Engineer and
Project Manager with Camp Dresser & McKee, Inc. as a part of this permit
application process.
•
•
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ID (06) 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.
(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
Reclamation shall be consistent with Elk River Landfill's closure
plan. In the absence of a valid reclamation plan (closure plan)
by Elk River Landfill on all or part of the property, the operator
shall submit said plan for approval by the city.
(10) Traffic
a. 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 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.
•
cupST-Ba/bz/sr
Page 4
(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.
(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) Lighting
Lighting from the operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. All sources of
artificial light shall be so fixed, directed, designed, or sized, that
the minimum subtotal of their illumination shall not increase
the level of the illumination on nearby residential property by
more than .1 foot candles in or within 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. •
cupST-Ba/bz/sr
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of
, 1996, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City), and
STRAIGHTLINE EXCAVATION INC., a Minnesota corporation and
BARTON SAND & GRAVEL CO. , a Division of Tiller Corporation, a
Minnesota corporation; hereinafter collectively 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: See attached Exhibit A.
(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 January 15, 1996,
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'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,
Page 2
shall govern the parties rights, responsibilities, and obligations with respect •
to the Operation, subject to the compliance by all parties with applicable city
ordinances and state and federal laws.
2.) Warranty of Operator- Operator hereby warrants and represents
to the City , as inducement to the City's entering into this agreement, that
the Operator has a valid lease for the operation and the fee owner of the
subject property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the
Operation:
(01) This Conditional Use Permit authorizes Mineral Excavation
(gravel) from the Property.
(02) All mineral excavation and processing operations on the
property shall comply with the City's mineral excavation, zoning
and other applicable ordinances; with the terms of this
Conditional Use Permit agreement and the license agreement to
be executed by the City and operator; with the City of Elk
River's Environmental Impact Statement on mineral excavation;
and with the application materials and plans submitted by the
•
operator, which plans and materials are the basis for the City's
approval of the Conditional Use Permit.
(03) The operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with notification in
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.
(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
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.
S
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Page 5
• (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.
• e. Gravel wash operations shall be prohibited on the
property.
f. Mining operations shall be conducted a minimum of five
(5) feet above the seasonally high water table.
g. The appropriate storm water permit shall be obtained by
the operator from MPCA.
(19) Fencing - The entire perimeter of the property shall be fenced.
(20) Screening and Buffering - No mining operations shall be
conducted within two hundred (200) feet of the property boundary.
Further, within this two hundred (200) foot buffer area trees shall be
left for screening. In open areas where trees do not exist, screening
shall be accomplished by the construction of a minimum six (6) foot
high berm planted with evergreens.
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
cupST-Ba/bz/sr
Page 6
claims or actions arising from the operations of the Operator on the •
Property.
(02) Binding Effect- The terms and provisions hereof shall be binding
upon, and inure to the benefit of the heirs, representatives , successors,
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Operation and shall be deemed
covenants running with the land. This Agreement shall be placed of
record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees,
if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of
a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be
deemed appropriately and timely given when delivered personally or •
deposited in the United States mail to the addresses hereinafter set
forth by certified mail (return receipt requested). The addresses of the
parties hereto are as follows until changed by written notice given as
above:
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Page 7
• If to the City at: City of Elk River
ATTN: Building and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at: Straightline Excavation Inc.
Attn: Dan Kreger
PO Box 114
12628 Fremont Ave., Suite 2
Zimmerman, MN 55398
and
Barton Sand & Gravel Co.
Attn: Brent Schlueter
PO Box 1480
Maple Grove, MN 55311-6480
(06) Incorporation by Reference- All plans, special provisions,
proposals and specifications, submitted pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as
fully as if set forth herein in full.
• 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 PROPERTY:
By: By:
Its: Mayor
By: By:
Its: City Administrator
OPERATOR: OPERATOR:
STRAIGHTLINE EXCAVATION BARTON SAND & GRAVEL CO.,
INC. A DIVISION OF TILLER CORP.
By: By:
By: By:
•
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Page 8
STATE OF MINNESOTA •
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1996, by Henry A. Duitsman, 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
, 1996, 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 day
of , 1996, by , the of
Straightline Excavation Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
•
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Page 9
• The foregoing instrument was acknowledged before me this day of
1996, by the of
Straightline Excavation Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1996, by , the of Barton
Sand & Gravel Co., a Division of Tiller Corporation, a Minnesota corporation,
on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
•
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1996, by , the of Barton Sand & Gravel
Co., a Division of Tiller Corporation, a Minnesota corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1996, by , the of Elk River Landfill,
Inc., a Minnesota corporation, the fee owner of the subject property.
Notary Public
11/
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Page 10
STATE OF MINNESOTA •
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1996, by , the of Elk River Landfill,
Inc., a Minnesota Corporation, the fee owner of 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
•
•
cupST-Ba/bz/sr
EXHIBIT A
•
pARCEL B
-sat part of the Northeast Quarter of the Northwest Quarter of Section 3,
township 33, Range 26, described as follows:
corencina at the point of intersection of the North line of said Northeast
Quarter of the Northwest Quarter with the westerly line of the right-of -way of
u.s, Highway No. 169; thence southerly along said right-of-way, to intersect a
line parallel with and 470 feet South of, as measured at right angles to, said
North line of the Northeast Quarter of the Northwest Quarter said point of
intersection being the actual point of beginning of the land to be described;
thence west along said parallel line a distance of 558 feet; thence South at a
right angle to intersect the South line of the said Northeast Quarter of the
Northwest Quarter; thence East along said South line to intersect the said
Westerly line of the highway right-of-way: thence Northerly along said highway
right-of-way to the point of beginning, Sherburne County, Minnesota.
PARCEL C
The North 525 feet of the west Half of the Southwest Quarter of Section 3,
•
Township 33, Range 26, according to the United States Government Survey thereof
and situate in Sherburne County, Minnesota.
AND
-.The North 525 feet of that part of the Northeast Quarter of the Southeast
-`Quarter of Section d, Township 33, Range 26, lying East of the Great Northern
s ailway, AND that part of the East Half of the Northeast Quarter of Section 4,
twaship 33, Range 26, lying East of the Great Northern Railway, according to
tihW United States Government Survey thereof and situate in Sherburne County,
Minnesota
PWEL D
t parr. of the South 200 feet of the Southwest Quarter of Section 34,
+�ehip 34, Range 26, Sherburne County, Minnesota, lying west of the
.following described line; Commencing at the Southwest corner of the Southwest
rtec; thence east along the South line of the Southwest Quarter, a distance
„.„ . 722.70 1feet to the actual point of beginning of the line to be described;
;e Northeasterly deflecting 79 degrees 26 minutes 37 seconds left to the
...rule
N line of the South 200 feet of said South Half of the Southwest Quarter
fa there terminating thereat.
i!+�EL E
)w;..
III
s
t Dart of the North Half of the Northwest Quarter of Section 3 , Township 33,
A-1
EXHIBIT A (continued)
•
age 26 lying westerly of the following described real estate, to wit:
��cncin9 at a point on the North line of the said North Half of the Northwest
vat-ter 650 feet distant West of the intersection thereof with the westerly
,_Grit of way line of U. S. Highway No. 169 as presently located and
established; thence South and parallel with the west line of the said North
salt of the Northwest Quarter to the South line thereof and there terminating.
excepting therefrom the South 33 feet thereof, according to the united States
:vernment survey thereof and situate in Sherburne County, Minnesota.
PARCEL F
The Northwest Quarter of the Northwest Quarter of Section 3, Township 33
Porth, Range 26 west; and
That part of the South Half of the Northwest Quarter lying west of u. S.
Highway No. 169, and the Northerly 525 feet of that part of the East Half of
the Southwest Quarter lying west of U. S. Highway No. 169, all in Section 3,
rownship 33 North, Range 26 west, according to the United States Government
Survey thereof and situate in Sherburne County, Minnesota.
PARCEL H
The west 92.70 feet of the North 470 feet of that part of the Northeast
Quarter of the Northwest Quarter of Section 3. Township 33, Range 26, •
Sherburne County. Minnesota, lying east of a line described as Beginning at a
point on the North line of said Northeast Quarter of the Northwest Quarter a
distance of 650 feet west of the intersection of said North line with the
westerly right-of -way line of U. S. Highway No. 169; thence south parallel
witb the west line of the North Half of the Northwest Quarter to intersect the
South line of said Northeast Quarter of the Northwest Quarter and there
terminating.
PARCEL I
That part of the Northeast Quarter of the Northwest Quarter of Section 3,
Township 33, Range 26, Sherburne County, Minnesota, lying south of the south
line of the North 470 feet, as measured at right angles. thereof and lying
west of the following described. line: Commencing at the point of
intersection of the North line of said Northeast Quarter of the Northwest
Quarter with the westerly line of the right-of-way of U. S. Highway No. 169;
thence southerly along said highway right-of-way to intersect a line parallel
with and 470 feet South of, as measured at right angles to. said North line of
the Northeast Quarter of the Northwest Quarter; thence west along said
Parallel line a distance of 558 feet to the actual Point of Beginning of the
line to be hereby described: thence South at right angles to intersect the
South line of said Northeast Quarter of the Northwest Quarter and there
terminating.
•
A-2