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5.2 r- f A.( ITEM 5.2. ( Memorandum ilk of Elk/1' River TO: PLANNING COMMISSION FROM: STEPHEN ROHLF, BUILDING & ZONING ADMINISTRATOR DATE: MARCH 24, 1998 S 12, SUBJECT: MINERAL EXCAVATION BY CAMAS MINNESOTA, INC. CU 98-5 Request CAMAS Minnesota, Inc. (Shiely Company) is requesting a conditional use permit for mineral excavation to mine sand and gravel from a 5.85 acre site in Section 10, Township 33, Range 26, Sherburne County, Minnesota. A complete legal description and vicinity map is included in CAMAS' application attached to this memo. The property in question is zoned ME - Mineral Excavation Overlay District and the underlying zoning is A- 1/Agricultual. The property is proposed to be mined to an average depth of 15 feet over an estimated five years period. The phasing plan in the attached application shows the mining proceeding from south to north, however, the operator may start the mine in the north. The city's normal hours of operation for mineral excavation(7:00 a.m. to 7:00 p.m.) are proposed. Screening and crushing the product is also proposed on the site, but no washing operation. Elk River Bituminous will be doing the actual mining as a subcontractor to CAMAS. The product mined will be used in Elk River Bituminous' hot mix plant located on a parcel adjacent to the mining. CAMAS is the owner of the mine site. Review • Wetlands - The proposed fifty foot buffer from the mining activities to the wetlands on the property should suffice to ensure the wetlands are not affected. As indicated in CAMAS' attached application,the exact boundaries of the wetlands need to be delineated, when weather permits. The contours on the Final Topography included in the application show run-off from the mining area being directed toward a ponding area in a previous excavation. This drainage plan should not deprive the natural ponds of water to a point that it will affect their water levels. Ground water in the location of the proposal is estimated to be at a depth of 940 to 945 feet above mean sea level, which is far below the proposed mining limits. s:\b&z\stever\camascup.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 •TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425 0 • Traffic - The proposal will have a beneficial effect on traffic over the current situation. Currently, Elk River Bituminous is mining sand and gravel on the west side of Highway 169 and trucking it to the east side where their hot mix plant is located. Elk River Bituminous' will no longer need to cross the highway or even use any public roads to get product to their plant, since the proposed pit is on a parcel adjacent to theirs. • Reclamation - Reclamation is another issue that benefits from this proposal. Elk River Bituminous' current operation, west of Highway 169 and north of 213`h Ave., encompasses approximately 12 acres. Until this 12 acres is finished, the much larger area that is being mined by CAMAS in this location can not be fully reclaimed. CAMAS will be taking over Elk River Bituminous' area west of Highway 169 and finishing it with much greater speed; allowing this entire area to reclaimed. In the area of the proposed mine, the city's Environmental Impact Statement(EIS) on mineral excavation identifies approximate finished elevations of 960 to 970 feet above mean sea level. The contours proposed by the applicant are consistent with the EIS and fit with surrounding properties. Top soil from the site will be stripped, reapplied, and seeded after mining. Staff has III directed CAMAS to consider planting trees as part of their reclamation also. CAMAS will give the Planning Commission a tree planting proposal at the meeting. • Oak wilt- The proposed mining operation requires tree removal, many of which are oaks. Appropriate stipulations have been included in the attached conditional use permit to address the spread of oak wilt. Recommendation CAMAS' proposal is fairly straight forward and simple. It allows a much larger gravel mining area west of Highway 169 to be fully reclaimed in the near future and eliminates Elk River Bituminous' from needing to cross Highway 169 to transport raw product to their plant. The area in question was anticipated to be mined in the city's Gravel Mining EIS and, therefore, was zoned ME - Mineral Excavation. The owners of the parcels adjacent to the proposed mine are CAMAS themselves and Elk River Bituminous. A meeting for the next ring of property owners regarding the request was held at City Hall on March 16, 1998. The attached conditional use permit addresses the concerns raised at this meeting. • s:\b&z\stever\camascup.doc 0 Staff feels the request as proposed is consistent with the City's Comprehensive Plan, the Elk River Gravel Mining EIS, and other applicable City of Elk River ordinances. City staff is recommending approval of this request with the following stipulations: 1. Under the conditions and stipulations contained in the attached conditional use permit. 2. That the wetlands on the property are delineated and reviewed by city staff prior to mining operations commencing. • • s:\b&z\stever\camascup.doc ELK RIVER (N) T.33N - R 26W.7 See Page n - 32 �' z In wdWaro. .. 0 - , JR 16 4 .acd w M k c Delores E Grant Peel ~2r� r'�'1 6.T.n Ji . a., 134 Brown 48.89 63.72 MMd .) 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' ��j�j,I- r j X ',4- T v , ': f T3. - -, "� 7, �,,-4W se:4,' X 963 2 i 6 ,,,ie; 1. _ X _ I f �1� VV � / I 1 ► X 960.7 , , ' ( f ), - ‘.'41)----............0111111"-- -Ne.........e 1c'--. 960 . \ D / ` / _._ c a O Q f'� �� �j X 963.4 7 X 986.5 .,0 ( Sig) ti y d WL4 Y/ gr 974.5 X \w' , b 1 ,, • TXfOJ3B _.___ ,, i Qi, 974.8 ill / r K X 5.3 {' r / • 980 • CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of 1997, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and 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: The South 270 feet of the West 300 feet of the South Half of the Southwest Quarter of the Northeast Quarter (S 1/2, SW 1/, NE 1/) and the North 580 feet of the West 300 feet of the North Half of the Southeast Quarter (N %, SE 1/), 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 20, 1998, 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 • Page 2 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.) Warranty of Operator- Operator hereby warrants and represents to the City , as inducement to the City's entering into this agreement, that the Operator is the fee owner of the subject property. 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 s:\b&z\stever\gravcup.doc Page 3 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 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 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. The reclamation shall include top soil from the site being preserved and put back into place after mining. d. The vegetation established for the reclamation must be maintained until it is self sufficient. e. Contours, finished grades, and details of erosion control methods, shall comply with the plans submitted and the City ordinance at the time of reclamation. (10) Traffic Except for localized jobs, traffic through Elk River associated with this operation shall be limited to U.S. Highway 10 and 169. • s:\b&z\stever\gravcup.doc Page 4 . (11) Dust Control a. All equipment shall be located as to reduce dust to adjacent properties. b. Water, but no chemical agents, shall be used to control dust as necessary. c. 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 and processing 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 0 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) 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. • (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 s:\b&z\stever\gravcup.doc Page 5 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. (17) 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 III/ notification shall be followed up in writing within 4 working days. e. The appropriate storm water permits shall be obtained by the Operator from MPCA. f. That the mining operations take place a minimum of five (5) feet above the water table. Any deviation to this requirement will require an amendment to this permit. g. Gravel washing operations are prohibited at this site and will require an amendment to this permit to be allowed in the future. h. The Operator shall have an approved hazardous waste license for this facility and properly dispose of or recycle all waste. (18) Oakwilt Cutting of trees between April 15 and July 15 is prohibited. The • Operator shall take other measures deemed appropriate by the Sherburne County Forester to control or eradicate oakwilt. s:\b&z\stever\gravcup.doc Page 6 41/ (19) 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. (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 ATTN: 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 s:\b&z\stever\gravcup.doc Page 7 • (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 By: Its: Mayor By: Its: City Administrator OPERATOR: CAMAS MINNESOTA, INC. By: • By: STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1997, by Henry A. Duitsman, the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public • s:\b&z\stever\gravcup.doc Page 8 STATE OF MINNESOTA II! ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1997, 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 , 1997, by , the of CAMAS Minnesota, Inc., a Minnesota corporation, on behalf of the corporation. S Notary Public STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1997, by , the of CAMAS Minnesota, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public This instrument was drafted by: City of Elk River S Building and Zoning Department 13065 Orono Parkway/ PO Box 490 Elk River, MN 55330 s:\b&z\stever\gravcup.doc