5.1 ITEM # 5.1.
MEMORANDUM
.y of
Elk � TO: PLANNING COMMISSION
River FROM: STEPHEN ROHLF, BUILDING
G
AND ZONING ADMINISTRATOR
DATE: JUNE 16, 1997 SYS
SUBJECT: RENEWAL OF CUP/ASPHALT
PLANT BY COMMERCIAL
ASPHALT CO. (CU 97-14)
REQUEST:
Commercial Asphalt Co. is requesting a one year extension to their current
conditional use permit to continue operating a temporary asphalt plant in a
gravel mine.
BACKGROUND:
• 1988: Original CUP issued for the temporary asphalt as an accessory to
Barton's gravel mine.
1990: First renewal of CUP/ air emission testing completed/ MPCA issues 5
year permit/ mufflers added to reduce noise.
1992: Second renewal/ stack height and diameter increased and amount of
recycled materials used is limited to help control odor.
1994: Third renewal
ATTACHMENTS:
Vicinity map - The subject property is located in the East Half of the
Northwest Quarter of Section 22, Township 33, Range 26, Sherburne County,
Minnesota.
Cover letter - by Brent Schlueter of Commercial asphalt, dated May 27 ,
1997.
Site plan of operation.
Current CUP.
REVIEW:
Commercial Asphalt, Co. is a division of Tiller Corporation (Barton Sand &
• Gravel Company). They want their asphalt plant where their supply of sand
\\elkrive r\sys\shrdoc\b&z\stever\comasph.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
and gravel is located. Barton's gravel mine where the asphalt plant is
III
currently located is almost played out for gravel.
Barton's will be requesting a mining permit on property they own north of
221st Ave. and west of Highway 169 this year. They will also be asking to
relocate their asphalt plant to this new location. The asphalt plant is allowed
as an accessory to the mining operation. Therefore, they can not relocate the
asphalt plant prior to receiving approval for mining.
RECOMMENDATION:
Commercial asphalt has done a fairly good job of addressing the concerns
related to their operation, but it probably is too close to residences. Staff is
recommending Commercial Asphalt Co. is allowed a one year
extension to their CUP under the current stipulation. This extension
will allow Commercial Asphalt to stay in business will they are gaining the
necessary approvals to relocate.
•
•
f:\shrdoc\b&z\stever\comasph.doc
COMMERCIAL
ASPHALT CO.
All-TILLER COMPANY
• 10633 89th Avenue No. • P.O. Box 1480
Maple Grove, MN 55311-6480
Phone(612)424-5400 • Fax(612) 739-2081
May 27, 1997
Mr. Stephen Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Parkway, P.O. Box 490
Elk River, MN 55330
Re: Hot Mix Asphalt Plant Conditional Use Permit Renewal
Dear Mr. Rohlf:
As a follow up to our meeting on May 22, 1997, and in accordance with Condition No. 12 of our
Hot Mix Asphalt Plant Conditional Use Permit, I have enclosed an application for renewal, along
• with the required attachments and fees.
As we discussed, Commercial Asphalt Co. would like to relocate our hot mix plant within the
City of Elk River prior to the 1998 season. The new location would be west of TH 169 near
221st Avenue Northwest. As you know,the permit for our current location will expire before the
1997 operational season comes to an end. In order to have enough time go through the permit
process for the new location and to accomplish the necessary site work, we are requesting an
extension of our current permit to allow us to operate through the end of 1997.
I have requested a property owners list from the Sherburne County Auditor's Office and will
forward it to you as soon as I receive it. Please contact me if you have any questions or require
additional information regarding this matter.
Sincerely,
COMMERCIAL ASPHALT CO.
1:3‘s2A,,,f
Brent Schlueter
Facilities Planning and Compliance Coordinator
• Enclosures
This Company is an Equal Opportunity Employer
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Wenck JULY 1993
Wenck Assocletes. Inc. 1800 Pioneer Creek Center Figure No. 1
Environmental Engineers Maple Plein. MN 55359
2%766
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
• COUNTY OF SHERBURNE CONDITIONAL USE PROCEEDINGS
CITY OF ELK RIVER 2 9 5 7 6 6
COUNIn the matter of: Commercial Asphalt ERMIR RECORDER
SNERE311gNF rn . 'liftN.
x i `-..ri U J S O N
Request: Renew their conditional use permit Q1�ACL,D'EPUTY
to process asphalt for an additional
two (2)years. .il,J U I 57 f�1I CJI
ORDER GRANTING
CONDITIONAL USE
Commercial Asphalt Company, Owner
The above entitled matter came to be heard before the City Council on the 18th day
of April, 1994, on a petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
East one half of the northwest one quarter and that part of the west one half of the northeast
one quarter that lies west of the centerline of U.S. Highway 169, Section 22, Township 33,
• Range 26, Sherburne County, MN.
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1. 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 MPA INCLUDING TEST
RESULTS BE COPIED TO THE CITY.
6. THAT BARTONS BE ALLOWED TO USE BAGHOUSE FINES IN THEIR ASPHALT MIX,
• BUT THAT THESE FINES MUST BE KEPT IN AN ENCLOSURE TO AVOID WIND-
BLOWN LEAD CONTAMINATION.
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295766
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.
8. 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 AM
TO 7:00 PM, 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 ONE YEAR 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 COMMERCIAL ASPHALT CONTINUE TO WORK WITH CITY STAFF TO
RESOLVE PROBLEMS WITH NOISE IF THEY ARISE.
15. AT STAFF'S DISCRETION, COMMERCIAL ASPHALT IMPLEMENT PART OR ALL OF
THE ACTIONS IDENTIFIED BY STAFF TO ELIMINATE SEDIMENT FROM BEING
INTRODUCED TO THE POND ON THE EAST SIDE OF HIGHWAY 169.
16. COMMERCIAL ASPHALT SHALL REDUCE ODOR FROM THEIR PLANT TO
ACCEPTABLE LEVELS BY MODIFYING THEIR OPERATIONAL PROCEDURES OR
PLANT EQUIPMENT. THE ELK RIVER PLANNING COMMISSION WILL REVIEW THE
ODOR ISSUE AGAIN IN JUNE OF 1994.
`rlf
DATED this day of , 1994.
•
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295766
STATE OF MINNESOTA )
• )
COUNTY OF SHERBURNE ) ss. OFFICE OF CITY PLANNING AND ZONING
CITY OF ELK RIVER ) CITY OF ELK RIVER
I, Steven B. Ach, City Planner for the City of Elk River with and in for
said City, do hereby certify that I have compared the foregoing copy and
Order granting a Conditional Use with the original record thereof preserved
in my office, and have found the same to be a true transcript of the whole
thereof.
If the proposed work described in a conditional use permit has not been
substantially completed within two (2) years after its date of issuance, the
permit shall expire and become void except that the Council may, following
recommendations of the Planning Commission, extend the permit for an
additional period determined by the council on the receipt of a request for a
permit extension prior to its expiration. A Conditional Use permit authorizes
only the use specified in the permit and shall expire if, for any reason, the
authorized use ceases for more than one (1) year.
•
d-Ze
Steven B. Ach, City Planner
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at
Elk River, Minnesota, in the County of Sherburne, in the City of Elk River,
on the �'= day of , 19 571.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River, Minnesota 55330 this C244 day of 44,..et...4_ , 19 9471.
Alice Kathryn ?-leinocka r•
HJT,:.R7 'rUDLIC—ml:vti ESOTq �
_11Ek URNF CL NTY ;
r - ewrr-„
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