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5.1
L�lf MEMORANDUM —�� TO: MAYOR AND CITY COUNCIL River 13065 Orono Parkway FROM: STEPHEN ROHLF, BUILDING AND Elk River,MN 55330 ZONING ADMINISTRATOR 5k DATE: MAY 22,2001 SUBJECT: CONDITIONAL USE PERMIT REQUEST FOR MINERAL EXCAVATION BY TILLER CORPORATION CU 01-20/P.H. REQUEST • Tiller Corporation is requesting an amendment to their existing conditional use permit to mine, crush, screen, and sell sand and gravel products from the site in question. Their permit also covers an existing hot-mix asphalt plant as an accessory use to the mineral excavation. Tiller's attached application contains a great deal of detail regarding their operation. The property is currently zoned A-1/Agricultural with the Mineral Excavation Overlay • Zoning District applied to it and was included in the city's Environmental Impact Statement on Mineral Excavation. A yearly mineral excavation license is required for the operation, which includes the hot-mix asphalt plant. LOCATION The affected property is located north and south of 221st Avenue just west of US Trunk Highway 169. A vicinity map is included in Tiller's application. The property lies in Sections 3, 4 & 9, Township 33, Range 26, Sherburne County, Minnesota. A complete legal description can be found in both Tiller's application and the proposed conditional use permit included with this memo. GENERAL SITE INFORMATION The site is not considered prime, of statewide or of local importance farm ground. It is however, wooded. The Minnesota Biological Survey identifies a dry-oak woodland to dry–mesic woodland on the site. The City of Elk River's Environmental Impact Statement (EIS) on Mineral Excavation considered the woods in this area. It was determined that the city can not require that the property remain vacant and undisturbed, depriving a property owner a reasonable use of their property. However, buffers would be required to save trees where possible. The other option would be for a government entity to purchase the property and leave it undisturbed. With an increasing demand for gravel and a dwindling supply, it is highly unlikely that the property is for sale. • Phone:763.441.7420 Fax:763.441.7425 www.ci.elk-river.mn.us There is one wetland in the southwest corner of the site, north of 221st Avenue. One hundred-forty feet of buffer will be maintained between this wetland and excavation • activities. TRAFFIC The attached permit limits Tiller to using US Trunk Highways 169 and 10 through Elk River, via 221st Avenue, which is paved. Highway 169 has acceleration lanes and protected turn lanes in both directions at its intersection with 221St Avenue. LAND SWAP Tiller is proposing to swap property with C.S. McCrossan Construction, Inc.. Tiller will give C.S. McCrossan property to the north of their current parcel, giving them access to 221st Avenue. McCrossan's will give Tiller property adjacent to the west boundary of their land lying south of 221St Avenue. Figure 2 and also the three maps in the attached application show the locations of the parcels being traded. Although the Tiller's property being traded is currently permitted for mineral excavation, C.S. McCrossan will need their own permit in the future to mine in this location. The property being given to Tiller from C.S. McCrossan is included in Tiller's amended permit. Additionally, Tiller's amended application includes a portion of property McCrossan is retaining ownership of. Tiller will mine this property and McCrossan will mine a portion of Tillers in the future. This arrangement is to make logical boundaries between these • properties, stopping the mining in a valley versus the top of a ridge. It may be many years between Tiller's mining and McCrossan's. The contour lines on the maps included in the application show this mining outside of the property boundaries. Mcrossan will be required to enter into Tillers conditional use permit as a consenting property owner. GROUND WATER Tiller is proposing to remain a minimum of five feet above water table with mining activities and the hot-mix plant. To mine closer to or into the water table raises additional concerns and requires an amendment to this permit. Washing of gravel has been purposely omitted from Tiller's site due to concerns that appropriating large amounts of water would cause contamination at the Elk River Landfill to migrate laterally faster. Other stipulations related to ground water can be found in the attached conditional use permit. HOURS OF OPERATION Tiller is requesting to the normal hours of operation for mineral excavation, which are 7:00 a.m. to 7:00 p.m., Monday through Saturday. They are asking that exceptions be made for the hot-mix asphalt plant when a paving job requires it. An example is State Highways, which are paved at night to avoid heavy traffic times. SETBACKS Tiller is proposing fifty foot setbacks adjacent to 221st Avenue and US Trunk Highway 169 and a two hundred foot buffer adjacent to the City's Railroad Hiking Trail. No • setback is proposed between Tiller's operation and the McCrossan property (which was discussed previously in this memo). Finally, a thirty foot setback is proposed between mining activities and a two hundred foot wide buffer required of the Elk River Landfill • on their property. Staff feels these setbacks are appropriate. HOT-MIX ASPHALT PLANT The hot-mix asphalt plant has special concerns regarding odor and air emissions. Staff has addressed these concerns by adding stipulations in the attached conditional use permit. An air emissions permit is also required by the Minnesota Pollution Control Agency. Basically, when weather conditions cause a problem with odor from the plant(during an inversion)the amount of recycled asphalt used in the mix is cut back or recycled asphalt is eliminated from the mix altogether, if need be. The recycled asphalt magnifies the odor. The last resort is to shut down the plant until weather conditions permit it to restart. Complaints should first go to the plant operators. They are the ones that can response in the most timely manner. Unresolved complaints then go to city staff and ultimately to the Planning Commission and City Council. An adjacent property owner has complained in the past about this operation. Tiller is meeting with this person to address his issues. OTHER ISSUES Other issues such as: screening, signage, fencing, oakwilt, vibration, dust and lighting are addressed in the attached conditional use permit. Staff will be able to elaborate on these at the meeting, if the Planning Commission wishes. • RECOMMENDATION Staff recommends approval of Tiller Corporation's request to amend their conditional use permit for mineral excavation on the property in question under the stipulations and conditions found in the attached CUP based on the following findings: > Tiller Corporation's proposed excavation, reclamation plan, and hot-mix asphalt plant are consistent with the City of Elk River's EIS on Mineral Excavation, Comprehensive Plan, Mineral Excavation Ordinance and Zoning Ordinance. > The City of Elk River's long range planning anticipated mining as an interim use on the property in question, when it was zoned Mineral Excavation Overlay Zoning District and the hot-mix asphalt plant is an accessory use to mining. > The operation does not appear to have the potential for significant environmental effects. > The conditions placed on the operation adequately protect adjacent properties and the city from detrimental affects from the operation due to excessive traffic, noise odor, smoke, fumes, glare, dust or vibration. > The conditions placed on the operation require it to comply with all appropriate City, State and Federal requirements. • TILLER CORPORATION APPLICATION FOR AN AMENDMENT TO CONDITIONAL USE PERMIT ' FOR MINERAL EXCAVATION AND HOT-MIX ASPHALT PLANT CU 97-19 ELK RIVER, MINNESOTA I. INTRODUCTION Tiller Corporation is seeking an amendment to their existing Conditional Use ' Permit for Mineral Extraction on a parcel of land located in the northern portion of Elk River. The original CUP was issued in 1997 and includes a parcel of property that encompasses approximately 133 acres. The proposed amendment involves the revision of mining limits at two areas of the site. One of the mining limit revisions includes the addition of an 18.55 acre parcel of property north of 221st Avenue. This additional parcel of property fills in the southwest corner of the site north of 22155 Avenue. The western portion of this site is adjacent to the City's trail system. A 200-foot setback will be maintained along the western edge of the parcel resulting in an additional 10.71 acres of mining area. The 200-foot setback will remain vegetated and undisturbed providing a buffer for the trail. The second area of mining revisions is south of 22155 Avenue. A property ' transfer of two 5.31 acre parcels between Tiller Corporation (Tiller) and C.S. McCrossan, Inc. will result in the extension of the Tiller site south of 221st Avenue to the west approximately 200 feet and the removal from the Tiller site a piece of property lying immediately south of 221st Avenue. Proposed mining limits extend beyond Tiller's new property boundary to the West to allow better conformance to existing topography. Figure 1 is a general location map of the site and Figure 2 illustrates the ' proposed revisions to the mining operation. All other site operations are proposed to remain the same and include mining, processing and stockpiling of aggregate, stockpiling and processing of recyclable concrete and asphalt and the operation of a hot-mix asphalt plant. 1 I I SI I I I I I I •I I I I I I I I % I L -I ed ' 0 -I I cVA \ 0 IV30-1 Oil 0 .. 001-so ti AIN(100 1H0I2:IM 1.1Nf100 3N8(12631-4Se13AI IddISSISSIW f N � yM HDiy Z 0 rt. W z / j W N 111( 0 0 dA/11 ]>1V1 018 U O III0 a Miy 0,, i j . MN '3MIS t ZZ 1lIS 7 a dMl `dINOn11 I I I I I I I I SI I I I I I I I SI I ;le PROPERTY ADDED TO TILLER'S rn MINING OPERATION (18.55 A) cO U7 .................................... / 3 221ST AVENUE PROPERTY REMOVED FROM TILLER'S MINING j ii:..a...... :.:. ;A: .0.:::.:.::::::::::....: .. OPERATION (5.31 A) I NEW MINING LIMITS ON N McCROSSAN PROPERTY BEYOND TILLER BOUNDARY (2.34 A) ' / PROPERTY ADDED TO TILLER'S MINING OPERATION (5.31A) RHV S 0 \ S TO V \ \ G 1 V TS I- CJ 2 J ' II. SITE INFORMATION 1 .) Legal Description of New Parcel of Property to be added to site: ' That part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, Sherburne County, Minnesota, which lies easterly and southeasterly of the southeasterly line of a 200 foot wide ' strip of land, and its northerly extension, its centerline described as follows: ' Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4: thence South 89 degrees 42 minutes 21 seconds West, assumed bearing, along the south line of said southeast ' Quarter of the Southeast Quarter of Section 4, a distance of 1279.14 feet to the point of beginning of said centerline to be described: thence North 26 degrees 33 minutes 44 seconds East, a distance of 1212.16 feet: thence northeasterly a distance of 238.84 feet along a tangential curve, concave to the northwest, with a central angle of 04 degrees, 46 ' minutes, 37 seconds and a radius of 2864.79 feet, to the intersection with the north line of said Southeast Quarter of the Southeast Quarter of Section 4, and said centerline there terminating. 10 AND which lies northerly of that part of the centerline of 221St Avenue as described in Sherburne County Recorder Document Number 317893, described as follows: Commencing at the southeast corner of said Southeast Quarter of the ' Southeast Quarter of Section 4: thence north 00 degrees 32 minutes 21 seconds West, assumed bearing, along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 346.29 feet, to the intersection with said described centerline of 221' Avenue, said intersection being the point of beginning of the centerline to be described: ' thence South 89 degrees 42 minutes 57 seconds West along said centerline a distance of 490.64 feet; thence continuing along said centerline a distance of 90.67 feet along a tangential curve concave to ' the south, having a radius of 521 .00 feet, and a central angle of 09 degrees 58 minutes 16 seconds; thence continuing along said centerline South 79 degrees 44 minutes 41 seconds West, tangent to said curve a ' distance of 754.89 feet to the intersection with the west line of said Southeast Quarter of the Southeast Quarter of Section 4, and said centerline there terminating. Subject to the existing easement of 221' Avenue as described in 114) Sherburne County recorder Document number 317893. ' 4 I I el I I I I I I ii II I I I I Ih I I2.) Legal Descriptions of Parcels to be transferred: 1111 Parcel A is being removed from the permitted mining area and Parcel B is being added to the permitted mining area. IParcel A: That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, described as follows: IBeginning at the Southwest corner of said Southwest Quarter; thence South 89 degrees 58 minutes 24 seconds East, assumed bearing along I south line of said Southwest Quarter, a distance of 759.63 feet; thence North 00 degrees 01 minutes 36 seconds East a distance of 263.05 feet to the centerline of 66.00 foot street, utility and drainage as described in Idocument number 317893; thence northwesterly along said centerline and a non-tangenial a distance of 306.10 feet, having a central angle of 33 degrees 39 minutes 45 seconds, a radius of 521 .00 feet, and a chord Ibearing of North 73 degrees 27 minutes 10 seconds West; thence North 89 degrees 42 minutes 57 seconds East, along said centerline and I tangent to last curve, a distance of 473.80 feet to the West line of the Southwest Quarter of Section 3; thence North 00 degrees 32 minutes 21 seconds West, along said West line a distance of 346.29 feet to the point 1114 of beginning. Parcel B: That part of the Northwest Quarter of Section 10, Township 33, 1 Range 26, Sherburne County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest Quarter; thence I South 89 degrees 58 minutes 24 seconds East, assumed bearing along the north line of said Northwest Quarter, a distance of 965.80 feet to the point of beginning of the land to be described; thence South 00 degrees I01 minute 36 seconds West a distance of 1121 .92 feet to the South line of the North 1 121 .92 feet of said Northwest Quarter; thence North 89 I degrees 58 minutes 24 seconds West, along said South line, a distance of 206.17 feet; thence North 00 degrees 01 minute 36 seconds East a distance of 1 121 .92 feet to the North line of said Northwest Quarter; I thence South 89 degrees 58 minutes 24 seconds East, along said North line, a distance of 206.17 feet to the point of beginning. I 3.) Legal Description of Original Site The Northeast Quarter of the Southeast Quarter of Section 4, I Township 33 Range 26, lying east of railroad right-of-way except the northern 525 feet. 11111 And 5 SI The East 1/2 of the Southwest '/4 of Section 3, Township 33, Range 26 lying West of US 169, Except the northerly 525' And The W 1 of the SW 1/4 of Section 3, Township 33, Range 26, Except ' the north 525 feet thereof And That part of the North 1121 .92 feet of the Northwest Quarter of Section 10, Township 33, Range 26, Sherburne County, Minnesota lying east of a line which begins at a point on the north line of said Northwest quarter distant 965.801 feet east, as measured along the ' north line from the northwest corner thereof; thence south at a right angle 1 121 .92 feet; and lying west of the westerly right-of-way line of U.S. Highway No. 169 as laid out and traveled in 1963. ' 2.) Name and Address of Operator and Land Owner: Tiller Corporation 7200 Hemlock Lane Suite 200 P.O. Box 1480 Maple Grove, MN 5531 1-6480 (763) 425-4191 3.) Names and addresses of all adjacent land owners within 350 feet of site See attached Exhibit 1 . ' 4.) Purpose of Extraction: The purpose of the extraction is to remove an existing deposit of sand and gravel and process it into construction aggregate, processing of ' recyclable concrete and asphalt and hot mix asphalt production. The site serves the growing needs of Elk River and the surrounding area. ' 5.) Estimated Time Required to Complete the Proposed Extraction: The site is operated in phases. It is estimated that the proposed ' revisions to the mining limits will add an additional 2-3 years to the over all mining operation. The original mining operation was estimated to take 20-25 years to complete mining. The duration of mining activities is approximate only and is dependent upon market demand. 111. 6 SI 1 • 6.) Transportation Routes: The site access is off of 2215` Ave., which was realigned and hard- surfaced in 1998-1999. This work was proposed in the original mining permit application. Asphalt now extends from US 169 to the west past the site entrances and western boundary. Plans included in ' this application illustrate the new alignment and grades of 221st Avenue. Access to the southern portion of the site was realigned in the spring of 2001 . The new alignment is directly across from the ' plant entrance, improving site lines and safety. Average traffic generated from the site is expected to range from 100-150 trucks per day (200-300 truck trips) and is not expected to change as a result of 1 the proposed amendment. Acceleration lanes were added to the north and south on US 169. ' Turn lanes are also currently in place from US 169 to 221' Ave. 7.) a. Physical relationship of site with respect to the community. The site is located near the northern boundary of Elk River. The site is immediately west of U.S. Highway 169. The site is approximately 3 miles north of the developed area of Elk River. ' b. Site analysis: ' The southern portion of the site is located south of 221st Ave. Past mining activity occurred on this site by previous owners prior to the initial Tiller CUP. Tiller has actively mined this area ' over the past 4 years. The material is excavated and then hauled south approximately 1 .5 miles to a washplant for further ' processing. The terrain is irregular with little topsoil or overburden. The western area of this portion of the site is wooded. ' Portions of the northern parcel of land were also mined prior to Tiller's CUP. The area of past mining activity has brush for ' ground cover and little overburden. This area is where the asphalt plant was constructed. Berms have been constructed along US 169 and a portion of 221st Ave. for screening. The ' remaining portion of the property is wooded, with varying amounts of topsoil. t7 1 I • 1 1 1 1 I 1 I SI 1 1 1 I I I 1 •1I 1 The site lies immediately south of the existing Elk River Landfill. • Other surrounding land uses are primarily agricultural. This ' property, as well as property to the north, east and south is included in the gravel-mining district studied in the Environmental Impact Statement (EIS) approved by the City of Elk River in June 1994. A small parcel of land located immediately south of the 24-acre southern parcel was not included in the EIS study. The elevation of the site varies from about 1070 to about 960. Mining will occur to an elevation ranging from 952 to 963. A prominent ridge runs in a north south direction through the property. The slopes on the property range from 20-60%. Slopes west of the site are relatively flat at around 6%. Slopes east of the site are more irregular and range from around 8- 20%. A small wetland is located in the extreme southwest corner of the 18 acre parcel to be added to the site. The wetland is located within the 200-foot setback area and the proposed trail 11111 system right-of-way. A 140-foot buffer will be maintained between the wetland and the excavation limits. Vegetation will remain and no land disturbing actrivities will occur wihtin the buffer area. Tibbits Brook, Rice Lake and a large wetland complex lie northwest of the site on the west side of the abandoned railroad track. Figure 3 is a U.S.G.S. Quad map excerpt that illustrates the site setting. c. Estimate of Quantityof Material to be Mined: The estimated quantity of additional material to be mined is approximately 800,000 cy. This volume includes an additional 270,000 cy of material as a result of the property transfer and an additional 530,000 cy of material resulting from the additional parcel of property north of 221st Avenue. This volume includes topsoil and overburden. Depending upon the consistency of material with depth and the occurrence of unsuitable material, the actual amount to be mined may be less. ' 8 J — sao t 5��JJJJJ --L-_-7-,--;...-, D 1 , 34 �,`�rt"m , •I �J iiiii0 lit t ..._- ,--L7 -,17 8 1 ----2''' P icb "), , i '--- i ) -- ..•1-t-I__ --f-.--:-. iiico 4 'I , \t° . . . . „ ) i vill . z :3 __,_____\"_ _7_ • I/.,t_d_<.,_ _-..-_,-.7H: --,,,,, .,._ - ---_,,_--_ —_,,_— —_,,,„- ___—_____. 1 di IA, n) i r---,. 0-1 -- .4' -, ---;(4 f-.); ,-.6_- __ _ __,I,_____.=_____.,,,_._ _.,..„___...., _„_____..___2_____szi ..,1 jf i i V4/ Ir '' 1 \.../ _,_-,__, ,__.„-,..„_,__.„.„ ,..-_,- .:--„,.._,„, .--..„_,I W 0 ( frrt i'' i 3 I '1 --?'- -----------t--- -.,----'-"- -- - -,L. -''"L--- --- -—±-----''A\A,,,i tij ft ° i/P -i., ,' i - 411,/ /".6:111t— ir r - 't-.: -_7:.7.-1 , . ___..„.„- :0. . ,„_v,,,,-eitieT.TiL,____-_,___.7,if 4,,i- ,„,fp\ , I, v ) .....,s]o, , ,..„,,n, .,_-__u , --1 . ..,-:,_,.__ _ - _ - .,—, , (jr, v 11 _ , - ,_ . , :_._ _-,,_-_,.-. ___ _,L..-_--__-:-..„_,,--„(/a Iii v), ' 1,-,_f '-L) / ,e7 ' •'4.4 ____,K1..W, ‘, ... o --.,--:-_--L-L F i ,. 1.--.-_...,_....---- � ' !'/ /'�==_= i, � sem, a � i Z o' - - - =-.÷- --- ------ --------'-': CQi\-:'---_-=`-' ---'-- iik I / // rr ii -77-_,,, '''t 74-7,-,_=--:z7 /-\- -,',:-.:- --'---..7 "-/-/ :r--N 4-'Al ' / 4-- ' \-.._-°'-_,__.=---. - i.'‘__ , \ripv, .....__, ...____ ritA \I 1,A, \ r-Al -,cp_eirg- v:v° , .,. n c=' \\ _,.,..----,,,_ . ---..- i.,-4 -1 _i v lb-144 I A!..N. •---- — 4t) ' '". JAI r, _,,__ ___:_,,_,.; r _ . L �� ,,),#,,, {, ,oma �• � i �. � a �� .rwilm 4ii ,. 0X10 fly' 24i‘,5) 11177:, "riz---- i1WI \Wi l 987 7% - ti =�f CD �\ �r.,. :c �, O l / 950 Q 950 �; 9`'°00 % °-- a qmririt_01,0 0 -7 O ��- (---s s 1 TE ,4),,-',,:')4- li, 0 19,0 b.f.; itip--2' 4z1r1 0, ) --7 , 4 ° O. 'r 4/17 ;1--- I-- Q / :77:Zit-)4'4 lie$(„ . ,, ,,,,,A \,_,) ( , 7 Joi , ,,, iv ty ---- -/ /30 f\C°jOliet) 'es' ' - /II' 4'1/4;1(241 --: °0, '''' ------- Pi G 9 1.6 °C) -1511:11 —1-'71.i.--1:)-(- ( '441-'41 :--7-) c---) I: /7 7 -'4'\ Cli-1 , 0 ' --_ ,� �� 1 �11`�i ''�o- `fit ]i �'•a /oil -/-4,0� ��` 1 ow-1 111Ir / e•if 2,7,10 t .12410 ..,„•„.j., iti , , lii 0 Apo ,...- ,:::::;,---' ..,___,..---fl .1 i ° (70012 1 j 0 VP!Ult.".;I\( 2i.` - '.-- .` _3_141-ie ti . ...--.,Nle 1 ,, 0 1 8 6 z/01 1 ,,, it.../Timl , 6-. ., \411171Zp %%2: ,.. _i::,---_-__. (A 41`) ,s,,c_i ./AL jiii/ L — °A Olig) 'AIL% "k."A ' 1 \ _I: )+-T At itMr A ( . /r),,„ itilk•-t ti slif o- i —0 c yt ',, v lAiiinir v(if .will (‘ .----- Nip,_ , \J' s 77ge-t] I--A ea v e r ------- / r y (p.,,/ ,,:,- 5scD, , '2,1, 0 0 \ N, , ;_ %,, ,, , , ,,.. -----„, ,,,,,,, I ,),____)if ypt _ ,,A„ 1,* j j„ ‘,(Di, o o �.;, `� ., ,C) I\ / LJL'r2 ( ,f,� ) y, Iiir 000 Ik____.41h . c, . ° - ,-,o o �7-;1, .�=��-- , �� 11 r jO iv c--- c )\-\___)) -0 iii _ 11 ,, i -7 0 0 :,-• '' -• ' e .' /I . 're P af-A„, „ ,,' _, (,[ i , 1 )6' -,40e, sem, , N; _ ,1 ( ..��i$1 ° �l k� � •_�� ,ti`B ��iw ' •,y�. � i \ . Radocftov (-72 ' ,)' '.�« ?T Ji 9 '0 U.S. G.S QUAP MAP EXCERPT I ELK RIVER AND LAKE FREMONT QUADRANGLES FIGURE 3 I I • 1 I I I I I I .11 I I I I I I I N I d. Depth of Water Table: The depth of the water table was identified during the EIS ' process. The water table ranges from about 957 in the northern portion of the site to about 945 in the southeast corner of the site. A ground water divide, running approximately northeast- ' southwest runs through the site. Figure 4 illustrates the depth of the ground water and ground water flow directions beneath the site. ' Mining under this permit will occur to the grades illustrated on the Excavation Plan, Sheet 1 of 3. These grades have been developed to stay a minimum of five feet above the water table. Mining into the ground water may be requested in the future. e. Average thickness ess of overburden The average thickness of overburden is estimated to range between 0 and 5 feet. The overburden is a sandy loam. 110 8.) Plan of Operation: The plan of operation as a result of the revised mining limits will not change current operating conditions. The asphalt plant area was ' constructed and is operating as planned. Screening has been established around the perimeter of the site along US Highway 169 and 221St Avenue. 221st Avenue was realigned and hard-surfaced. ' Mining was initiated in both the southern portion of the site and north of the plant location. Processing consists of crushing, screening, stockpiling, and production of hot mix asphalt as well as the processing-of recyclable concrete and asphalt. Aggregate stockpiles and accessory equipment are located throughout the site. ' Crushing and screening will take place throughout the mining operation. The location of crushers will vary throughout the life of the ' operation. Their locations will depend upon the location of the active face. Conveyors will also be used throughout the site to convey material from the active face to the processing equipment. Some ' materials are transported to the Elk River Landfill for use as daily cover. 1 10 ti I/ 7] ?= c-N 3 A cb /\ ? ^ OI \ OC MO-1A X1 -1 I VMC \ ^ OeI O / (O 101 a1Sla ONINIW 13AV60 03S0d0Jd 2�3AI2i >113 -A ��i1 .Ir�, it !'�,j//�r�� \(/,'Mnd0 1110 dHl �iOd 1N3W31d1S LOVdWl ` ����\��� 7 1`d13NWN02IIAN3 3H1 WO�JJ N3>id1 i,;- -, ---_ ,-77 , 01,7,, 3�d Sb(1O1N00 �31bMaN(10�10 .310N �\ H���il,!'', � '° a\ \�/(/ 1ud e131VMONf10�0 �C �ipl�j !/.,�� '� 1����� �\,,1. Q I� 0 N01103610 U !r t.ii�Il�1;�ll�( 1 � � ���\1i����y� S310N30 �� /7: 14 � ( \',hi J r_ i1411 \..",,,... N0,41 , --__ _ -4 6,-,,1 ji 0_10 ic-h, cr'*Dy 11 I H_.--!V7 r �a 01\'7-- -:---. -------. Ill'/rin --211""1 it ' N''',.' 2,---lak,b.„ '__:,._„ '______r •- --,,,r'- - i ,,ilio. iii �11M' � Vim" li VVI �. 1 1 ) L..*".1. 1(\ i,iii„i„#,;' li ill / ,(---. ', li'I; 0 ,,,,t4w 1( \\ r` . ' -=';-.4440, •/' ' .'"-c,/ „;,'/,''',--,7-- ,' ir + i, � , ( �/ �' , i ,I/ � l \�*Q /5,-,..-------Y r Iv.I ',�. J\�- ill '. - /� -, , �i ///',_„,,,, ,, 11, `� C�iIII�1`g`�\\< �ihfl(b 1,� 1'k:.�\ if l;n; \\ 1 �';(, it // nA !l� 1 .r��� +, Irl ��,irll ���'1 )�' � ill, r,n d'�1 �, (n / �► } I '1/4.--,K‘i ,(,,,l��Q (ti-,i 1 �' ,/,7--/->-----,\,',�\`�V' 5---,-----4,0 c' -.4 __ ,_ _., (-- /,,ti l(ihl� .,, j \ may, ✓, icy\ N-_,,,/�/ie .A`` \\\\\U i �v�=� \` ,4 l,,, µ;; )\ Y\1 k.\�C { _.N. r1//�� `� ✓� i. At -- ((l N it r , �� , � �� (;',,1 , ' � I r '.� ����, � �9 i, I I Si I I I I I I SI I I I I I I I SI I A water supply well was constructed in 1998 to supply water for the offices and quality control lab associated with the operations. The well is 178 feet deep and is finished in sand. A copy of the well log is included as Exhibit 2. Wastewater is contained in a holding tank, ' which is pumped and transported to final disposal by a State certified and licensed contractor. ' The site access is from 221st Ave. An entrance road to the plant is aligned with a new entrance road to the southern portion of the site. ' Areas to be mined are cleared and grubbed and then stripped as needed. Topsoil is stockpiled on site. Overburden is stockpiled or used as backfill to reclaim completed portions of the mine. Sand and ' gravel will be excavated from the active mining area and brought to the processing area. 1 The site will be mined in phases. The progression of mining is illustrated on Sheet 2 of 3, Phasing Plan. Restoration will begin as ' phases of mining are completed. No explosives will be used at the site. 111110 9.) Drainage, Erosion Control, Sedimentation, Dust, Access Control and ' Security: Surface water drainage is directed to a low area within the excavation. ' Collected surface water infiltrates into the underlying soils and/or evaporates. Surface water drainage will not be directed off site. Sedimentation may occur in the temporary ponding areas. These ' ponds can readily be cleaned out by on-site equipment. ' Erosion of finished slopes is minimized by backfilling to a minimum slope of 4:1 and seeding and mulching. The berm has been constructed to a minimum of 3:1 slopes and seeded and mulched. Dust control has been implemented by hard-surfacing 221st Ave. from the exit to US 169. The main entrance and exit roads to the plant ' area are also hard-surfaced. Conveyors are used within the site minimizing truck traffic on internal haul roads. Perimeter berms also limit dust movement from the site. ' Access control has been established by locking gates at the site entrances and exits. The entire site will be fenced. 12 1 i i M I 10.) Restoration Plan Restoration will be an ongoing process. As an area of mining is e completed, and mining advances to a subsequent phase, reclamation will begin on the completed phase. Reclamation activities at the site will consist of backfilling, grading, and seeding. Work will be ' concentrated on the sideslopes around the perimeter of the site. The base of the site may remain open to accommodate mining activities, various haul roads, stockpile areas, etc. Final grades will range from ' 1 % to 25%. Final restoration grades are shown on the Reclamation Plan, Sheet 3 of 3. ' Topsoil shall be placed on graded areas to be reclaimed. The area shall be seeded within 6 months of completing the backfilling. Topsoil will ' come from on-site sources, and be placed in a layer that is a minimum of 3" thick in accordance with the city ordinance. After placement of topsoil is complete, it shall be seeded and mulched according to Minnesota Department of Transportation (MnDOT) Standard Specification No 3876 and 3882. The seed used shall be MnDOT seed mixture 50A. The mulch shall be Type I. It should be recognized that portions of a given phase, for example, along borders of subsequent phases, within the processing and operations area and ' along haul roads, may be left at an intermediate stage of reclamation until completion is practical. 1 III STANDARDS 1 .) Boundary: Extraction operations shall be conducted within the confines of the ' boundaries indicated within this application. 2.) Setbacks: Site setbacks will be fifty feet from property lines and right-of-ways that are not adjacent to other areas where mining is allowed. The ' fifty-foot setback is applicable along US 169, 2215`Ave., the southern boundary of the southern parcel. A 200-foot setback is maintained 1011 along the western boundary that borders the abandoned railroad track. ' 13 II J i w Miningshall not be conducted within 5 feet of a right-of-wayf o an 111) existing public utility. 221st Ave. runs through a portion of the property. It is anticipated ' that this road will be lowered in the future as mining progresses. The setbacks from the right-of way would be mined in conjunction with the lowering of the road. The lowering of 221St Ave. will be subject to ' review and approval by the City and MnDOT. 3.) Fencing: Perimeter areas are fenced to prevent unauthorized access. Additional fencing will be installed as a result of adding mining area. ' 4.) Appearance and Screening: All equipment will be kept operational. Abandoned equipment and ' rubbish will be periodically removed from the site. Within 3 months after termination of mining, or within 3 months after termination of the extraction license, all buildings and structures incidental to extraction operations will be removed. The site will be graded in accordance with the reclamation plan. ' The perimeter of the site will be screened along US 169, north of 221st Ave. A berm has been constructed, seeded, and maintained. 5.) Operating Standards: ' a. Noise: ' The mining operation and asphalt plant will be operated in compliance with all State noise standards. 1 b. Hours: Mining and crushing will be conducted between 7 a.m. to 7 ' p.m. Monday - Saturday. The asphalt plant will operate Monday- Saturday in accordance with its current permit. The asphalt plant may need to operate extended hours to provide ' material for nighttime paving operations. ' 14 I I 4)1 I I I I I 1 J II I I I I Ih I c. Explosives: I. There are no explosives used at this site. d. Fugitive Dust: Fugitive dust is minimized by hard-surfaced roads access road I and use of conveyors. Internal haul roads are watered as needed. Asphalt plant operation and fugitive dust will not exceed air pollution standards established by the Minnesota IPollution Control Agency. e. Water Pollution: I The site will be operated in compliance p p ce with all applicable I Minnesota Pollution Control Agency and Department of Natural Resources standards. The asphalt plant will not discharge wastewater. A National Pollution Discharge Elimination Permit I (NPDES) has been obtained for the site. Fuel is stored in above ground tanks. Secondary containment is provided for all fuel tanks. I. f. Topsoil: I All topsoil will be retained on the site until the completion of restoration. Topsoil has been used to create screening berms and these berms will subsequently be removed as part of the Ireclamation process. g. Slopes: IThe active mining face will be sloped at approximately 1 :1 . Reclaimed slopes will be backfilled to a maximum slope of 4:1 1 6.) Reclamation Standards II a. Schedule: Reclamation will occur as portions of the site reach final Ielevations. Some areas on the base of the floor may be used for stockpiling or operations and will be reclaimed as operations illipermit. I15 I I ei I I I I I I •I I I I I I I ISI I I ell b. Slopes: Slopes will be reclaimed in accordance with the reclamation I plan. Finished slopes will not exceed 4:1 . Ic. Cover and Planting: A minimum of 3" of topsoil will be placed over reclaimed slopes. IThe slopes will be seeded in accordance with the reclamation plan. The vegetation will be periodically inspected to insure that it has become self-sustaining. I Id. Slopes to Water Bodies: There are no water bodies existing on site. Mining below the I water table to create a water body is not contemplated under this permit, although a permit revision may be requested at some time in the future. If this occurs, slopes to water bodies 10 will be in compliance with the City Ordinance. I e. Water Bodies: All water bodies resulting from extraction - for example Itemporary storm water ponding areas, will either be filled at the end of each construction season or preserved to continue to operate as a holding pond at the discretion of the City. I I I I IP I16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I el I I EXHIBIT 1 I PROPERTY OWNERS LIST 1 I 1'i I I I I I I J i 1 ` Sherburne County AUDITOR/TREASURER RAMONA DOEBLER DATE; April 24,2001 ITO: Barton Sand& Gravel Mike Caron (763) 315-6004 FROM: Ramona Doebler,Auditor/Treasurer r asurer PreparedJoinin by:roBev e Johnsonowners,wDieputy Auditor/Treasurer ' RE: Ad' g p P property thm 350 feet of parcel number: 75-103-3200; 75-103-2400;75-104-1101;75-104-1102;75-110-2200 1110 Based on an examination of Sherburne County Records,the attached listing represents all property owners within 350 feet of the outside boundary of the property subject to the hearing. This has been done to the best of our ability,but we make no guaranty the list is completely accurate. IRESEARCH FEE: 40.00 I18 PARCELS AT$4.00 PER PARCEL: 72.00 12 LABELS @ .05 EACH .60 ' STATE'T AX.: .11 ' LESS DEPOSIT -40.00 TOTAL DUE; 72.71 14) 13880 Highway 10 ' Elk River, MN 55330-4601 763-241-2863 0 1-800-438-0576 0 Fax: 763-241-2875 h , • 0 • • ®144, 04/23/01 " 16;22^09 -- -- --- • ---- - -- , 6t, • __ PAGE 15 %.;', 1 Parcel Nbr Name Address Line 1 Addrese_Line 2 Address Line 3 Parcel description6 016 7S 13 1300 O `A`� L ILY FARF! IT"fes AIT�I5---- SW f=-4-07-NE- 1-4 EX THAT PT LYING SE 1,7 i;"` 3 R ST & S - 8 Q n ---- 11WY IBS ' /5-108-2100 WAsr. f1ANAC,Ef ENT — — -- , I43O��OHI•CAGa-TL` _ --_ N 1 'L OS' NW 1-4 W OF HWY 16 EX is 650 ET._ ,., 0111.41 75-103-`lllfrv--WAGIT- YO BOX 14bb ` . 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'COM7_31T-SR7CORNER-077SAID$E717-74-70F7SE-1=417 1,4 4...Nw THR1,4Ch S 89 DIR4-742-MII,r2r-SEC-W:7111.0NG'S-Zr----1„lie.--) 7-0.t•' I 1-4 OF SE- -1-=-4--A-DIS-OT-127GT1-4--TCr: CN3. 1.4.-•-! ,, . • & • 0. • • -• —0.K bAltr-CialMtnirl'O-IYEST-trilINCE N 26 DEG ... IT('-`-..4-• ' '*. MIN 44. SUC R, . ) a - Y A .U.1.6 0.b 2-d8.84 FT ALONG-A-TANG-CURVE, Co le AVE TO NW, WITR-C4TINAL ANGLE. OF 04 DEG-46 II 0 f'11 l'il ' fql v 0 - i.. - • o 2• -) rt • • 1,1-4,:i or. - - • •:. 5• -fat e -i• 1-4 oF a 1-4 AND SAID CENTERLINE THERE TERM. SUB TO a . 0 . . . . EASEMENT D0C4317893. :11::) ib-100-1100 BUR/, HIONAELTE i'dbj ANN (AMYX EDEN YEAIRIS .6 1(2 077THE-Nlr174-,—NW-174-01 -114-E 0' ----. • - '1'0 " • •' -r • L • E OF RY. 1 „ • - - •-- SI FAD I, 51,1, — N• vc1 1911i AVE ELA RIVER MN THAT PT OF NE-1=-4-01r-NW--.-/=-4-LYTNG 1 0- ELY-01R-OF-19-011-HWY-1139-TOGETHER-W- - I •ii .EALIAisnnt-m-sEran-roir-DRIvirvitr-puitposikt p - 0 tiTHA. • -\' " 0 10: 6, oi- . ; -. c-... ' .T-Fr OF-S 0E-T a ._ -R----tipz.: . • - - :t a p Iii, ..' ine , •-BEING-7DES---"- .. a.: . ...! - • calel-Ar7A--P1'-0N-E2ITNE-OF-NE- r=4-0E-Or-i--4, , 6'1 ia Ci) • ,-_ •• • w+-• ONTERREF-i/TTH-N-L-1 0; • ) OF SAID SE 1-4 OF NW 1-4 AS MEASURED ALONG Li "V P DO ' ' .. • -11A-4:. 011-11 . - - . . . • a 75-110-2101 • ; ::• - ... ''' ,01" •1, c.,.:. .4.:•:.::- 7- . - N1,7-1=-4-• L-YING-W-7011-HtiTY-71-13.9--L-YTNG-S-01?-N - , . . .1121.-92-11T-4-LYING-E-0M017:60-FT--------' 1,00 •--7--75- 110.72102- -b-s-mccRatsANTaNc - -pci•lux-124-o --MAPLE-GROVE ' '- -7 - '77 7- --7-77N71017:60FT-OF-. -FOLLOWING-DESO----- ----'71„. s•-,- - NW-1=4-W-OF-BTGHWAY-169-EXCKPTING- — 1..1'7- *raw -ea,. -11. • my. _- .•:. -, Ok 91357.78-2T-THEREOF IC aall fr.I FINAL TOTALS 0 Is I. * * * EN )) Uie REPORT * * * . - --I . . - 19-a----e-&---- /L- -:::-----t)f.----4(C4)47t4TY--. ' . . iiiii Mi :1‘i'--Mc-If7.1f-Il ... 27-21711-erAPICIW:FilijiMi iili n ii MN InniiIL el 114) EXHIBIT 2 WELL LOG 4 SI 04/25/01 WED 15:27 FAX 612 425 7153 TILLER CORY. •y. SL\Ut t,\uutittx wjUu..) WELL LOCATION MINNESOTA DEPARTMENT OF HEALTH MINNESOTA UNIQUE WELL NO. IN I County Name SNiFRSURME WELL AND BORING RECORD 5 7 8 9 3 7 Meleesole Statutes Chaplin'1031 - Tawnsnip Name Township NO. Range NO. Socrron No. I Erection WELL DEPTH(completed) ,, Date Work Competed le ELK RIVER . 33N 26W 3 SW. SE SW 168 JAN 20, 1998 House Number,Street Name,City,and ZIO Code al Wel Location Or Fre Number DRILLING METHOD O Coble Tool Cl Driven O Dug NW OF INTERSECT. - US169 & 2218T AVE ❑ Auger �[ROt.ry ❑Jolted Shaw..act location of well n section pro With'X'. Sketch map el well location Cl STllll l f 1 10T01T Win n 8h oans end b'tailings. I 144 roads uW Du ldings. DRILLING FLUID N ,� BENTONITE DRILL FLUID r USE 0 inp 0 Heating/Coating ❑ Dom.tk Dms1:3 Community PWS R Induetrylcomme raal t � 44.0e t1 Te �l fl NOnconvnuney PWS G Remedial fTw -r-- r 77'77 CAS■+GDrive Shoe? r1 Yes XNO U HOLE DIAM. y(sl.et X Threadedn Welded ' �- 1 ❑Plastic It I ~— i CASINO DIAMETER WEIGHT PROPERTY OWNER'S NAME 1 4 m to T f�.1 n 19 79 bsM. l•In.to ]1 h. COMMERCIAL ASPHALT I In.to ft -- twin N 3/1,to l Tfl k In.lo Ib,Jtl. In b IL I Property owner's mailing eedteame e If drent lion well location addressInlKatetl shove. SCREEN OPEN HOLE 10633 - 89TH AVENUE N Move MIDIMIDIh from n.to k Ty MAPLE GROVE, MN 55369 pe s orm N/3• SIotfG.eze 15 #■t L.ngth I , Set between 161' ti,and III k FITTINGS: Inn II STATIC WATER LEVEL WELL OWNER'S NAME 65 Rx below ❑sows land surteoe Dale measured 1-20-98 -. SANE - PUMPING LEVEL(below Mall Newel Welt owner's mailing ea .e If ON 't 1tueth.r+progeny owner's adckesa,ndtceled Bows. AFNR_ s, alto. bre.ourroatg 75, g.p.m. WELL HEAD COMPLETION XPWs.daerenulaekrer gineMOS ----i[i�4# 1116 O Casing Protection_ pt 12 In..bow grade C M-grade(Etwhonmwitul Wels.nd Bcnnpm ONLY) GROUTING INFORMATION Well grouted? Yea ONO GEOLOGICAL MATERIALS COLOR HARDNESS OF FROM TO Grout Materiel ❑ Neal cemom C Bentonite ❑Concrete X High Bolide B.rnwt.. I MATERIAL - .ipmPOm__0_ro__I h. —3— O Yds.*brio /�G� �1�� /�R* from b I. ❑ yds.❑ begs - RA Cell _mow ss_ a 85 wool l h. O yds.0 begs NEAREST KNOWN SOURCE OF CONTAMINATION I dls159+ feel N remotion PBTVPTF NM_HNA-_ N 8 5 1 Q�, wdisinfected upon comptekon? "(YeeCINo SNs'PTYC PUMP SAND AROwld 1l -140 17S. 0 Nol installed Date Installed 1,1)--111 - Manvfedureh nem° i+eUNDFOC Model number LAU$5 jHP s Vulls 4$p Limo,of drop pipe 2• X 120 h. C •Y 40 g P.m, Pressure Tank C.pecty WM 25 2 X 85 GAL Type: Dr eubm ewarie C)L S.Turbine 0 Ricpracating 0.1.1 0 ABANDONED WELLS Does property harm any rat 1n use end not sealed weals)? a Y. %Ne RI VAANCE 7� Was a',anemia premed from the NOR for pile well? ❑Yea Y No WELL CONTRACTOR CERTIFICATION I� Lbs a second fleet,If needed This well w.s draed under my supervision and In accordance with Mlmesote Rues.Chapter 4725. The Information contorted In this report Is atm le tie beat O1 my knowledge, REMARKS,ELEVATION,SOURCE OF DATA,etc. M.G.S. QUAD NUMBER 137D r E R & LIC.a Rig.N7101 c _ ELEVATION 980' +/- 5' e I n.vres.enf.we SOgnstrues 5-018-98 VICTOR FRAUGHT 5-18-98 iNIPORTANT FIL Wf PROPERTY PAPERS 578937 '°'Odder Dew WELLI. OWNER COP`! He-01206 46(Ravi 1/■■) I I I 1 II I I I el III I I I. I PLANS J i h I I FUTURE MINING OF ADJACENT PROPERTY TO NORTHH MAY ELIMINATE SETBACK AND MINING AND RECLAMATION SLOPE ALONG NORTHERN PROPERTY UNE. > yf��b•� /LUu�•111Z`wv r a t ���'>r)��\\\\\\\\�o\��r.�1 rp,��, 1\ j ��� fI� rr,�-.tu�rir=.Ju,�w�t��niai�i-w.o�\ ��..r--.wirrr o�awrrra«aunnnnur��n��-s�in� ''' J ,/ill ( 1� .�� �t iilrr/0 ` �0`��r�ji %iN k \. fl lir/lilt/ ilitl,11:\4; Iiii ti 1 I l' .�r ; tri�s`�,tj i i� i tr„_A).4$2t,* � �`II�I��l. l - Pd�1 I\1P /� - -e-, it , f1I� a EXISTING VEGETATION I�f��' '� .M..:�l�`\ ) '1 �/ \�� '." 1 TO REMWN fir*� l' 11` 1'/�� . I: i�� ��\� ��,�/ �� I� / iliz, , liff' / / . 14: i ,� ) /iT . .k,, i s ��-d Of��,� / 10• .*,,N,,., ,." iYk) ;,.. ,...,.. , d(‘ ..\\YIJ, / 11;74 —411$ ,1410.40",.\ /,_ itVg .%NA''3 ,----\\--------;--- --Y A. ' 1 -*-_-_-- ----: ,Iti S! 11: 41tiii\1�J itit,,k.< 11/4 i lit fie.' � ' /i �I I j/ ,/// 10'°%11:11/ii 5\4.-1 IIN‘ti*c.00,14. ......44ifiPolf • , Ai! , ,,/,// pi: ,...„..L.4.4„,....,z....„,-„,„.......,,,,,;._...:...::::„.:,----. //, ,,,, , ,",:._.• ,i -, 7 " . mitili33.-,-._ .1 .____ _____,--ii,27-x- -iii:s•:,*.„ , Ai 0,,r,,,„„_,*- .,I .- -.. 11,/ -e2 .--:-. ...—-- -___-- fritmlivii ....-:.----- - ---------- 44:x0f, o'•)114A? 1 NI + 4/2/4„pci.:...., ., -),,i,..,________;,„_,41 . t /sf,,,,,_ _4ii-iiirii-,--..v. F.-----Nv-----..„-----0-7, 70-7, -N-r-e----(--- vl,. .. _...01 til ii....,,, -:,--710- 11 I 0 . .410,4,, ..__ .___-'i (,\, ..,:'•\)'.\ .gik" ,-,".4'44'''''' '.74.„.7;;"*.""11,,,li I . -j/Z.----IPA e p ;. - 4 i,r 3 al' •v•drr-----‘- __,:rt 01)iio , -_.--,---=.-----------------i sy./ft v sr--",.,4,-*/ NIL /1 ,0, + • / f!((s��‘,... ,,,,..e.„.„..—�_ ....a,.(...1„,/,___A - 7,, ?, ,,,,,,,,,,/,miijcs--7--- --... ) t ,,, b,4 l J Liiielt-e-------„,...--....--------Hir--_-.,—,,,,y MINING UNITS TO �i I�l��k.0 221ST STREET TO BE FOLLOW BOTTOM OF r, �f��' �os LAWERED IN FUTURE TOL � 7� MATCH PR FLOOR GRADES RAVINE k/ y 1 .10,.: A 4TO NORTH k SOUTH. aft//„ /f� f�+' ,, �t1,i 1fl, MINING ON ADJACENT I %piW4^. .4 ii 'lit:' c 1 )V .41.' / r��l'i. "" N AGREEMENT WITH ���;Itilg:111';'!!.:1:71/4.,::;11:- LLSL5--'r:7A-71-71.- „;: �j� ���� / w,p1 PROPERTY OWNER � � ,!',: :rkiia‘tild ,-----7—1 I 4L( i !r(M y,) 11 ,;,,.; , qç I I iel li , 200 0 200 4CC fC1 ' SCALE IN FEET ?1t d 9)-.3 i R. ._. xREFS: shl 1 SONDE .. � ENGINEERING INC. 420C WEST OLD SHAKOPEE ROAD BLOOMINGTON.MINNESOTA 55437 1�1 JJ I (612)881-3344 ��rilL14 .%. V NOTES: i ' t!\�� y 1. BOUNDARY INFORMATION FROM „'.\ QI JAMES R. HILL, INC. TILLER r------;------.71.--toSu: \ + ,h,�1;:l'•4ii • CORPORATION pn•• I 2. TOPOGRAPHIC INFORMATION FROM 110to. :n{! SO'SETBACK AERIAL SURVEY BY MARKHURD. A�\tvi )�1 ii{� I it DATE OF AERIAL PHOTOGRAPHY: ELK RIVER, MN APRIL 7, 1999. ief i 4!!! \). 3. EXCAVATION SLOPES TO VARY/''I1 1` �'17 FROM 1:1 TO 1.5:1 i*Of `r,�F6611��1 iC`I ' Pii�•��0�h1S11ti 'k' ' + 2001 PERMIT ►,�14!I�WI _ AMENDMENT / �?.O; ' - Vii, ,j — `-)J"'" I - it 4 kkt1 Ag,fi !40, ' \ f‘' fat;11*\;t l' !'II(1 � IST, ii.ANo . ce I II� �� �410;.1\A'IgM`1�111 . q �,, ' s gt� 1 II 1,,0 I) • ^��) '1ILL.i•I 1` tI U + III I II I 1 ,l' ,.IV�lt � i" I kicili\ i���A�(� ��II��i Q�� , I � . 1,14. . 1,,. �. � EXCAVATION J t 1,t;a,� 4,":1 I ,' ''1 1 SI i f' VcrNc yJ uw tiS. ,�it)I J' SCREENINGpo lace Ti' :$F-(° ra 41 ) IIIIIIM 1`I \tl 'iv BERM I i (I + I I1 ►� ��. 1 ,� ,or,, di 5 - f Vet Nom moisimmimi 111 :ate-e—PIIl l i ?iw—` — — l'iUlll r,���. 1 • ■ EKISTMIG PUNT —, ���'plI'''jl '�1�,j1 III SITE HOT—MIX PANT AREA �j SCALE:1'..100' — IMIIIIIIIIIIIN y� 3 -' � � 4) �_'_^ �'^411)4 ,/, — NEW ACCESS —.EIMINIMIEM R. 9' MEM IIIIIMIIIMIIIIIIIIIIIII V'" gy 1�II 11' r + ROAD MEI IIIIII 1....1 MIIMIIIMIIIMMI �_- •;;i4,'1&- ;\,� �,*1"11;;-:rWilld f it 111111111•1111•111111111•1111=11 4��� � 1'' ✓ EXISTING srl I�� SCREENING `S+,1,,— FNr()I t ' f i BERM I HEREBY CERTIFY THAT THIS PUN, rw�� ( ,/ ECVi:Eiii::::::::: N, E REPORTWAS1 �.R,G I Y ME OR UNpER MV it0111 Tl / RVISION AND THAIAMIj! `'� ){¢ I II STERED PROEE590NAL�I , + DER THEUWSOF THE�/� NNESOTA. //.� III Y r' _``� f 1/Y'' DATE:4/27/01 REG.NO.: 8734 I f,"1!'I 1/I �.i�I SETBACK ,�������� �• ��I� DRAWN e0 06'."91 r--11.,:Zie.-•-•__ 10 / CHECKED er. /� / DATE: �// Aol (T'- ,� SCALE: I/� APPROVED BY: PROJECT NO.: SHEET NO. r//�,A/ 1 of 3 -- I I I I w, l ozo I 990/ 1000 - / . - 7/9j0 /` 980 I �,/ / / /� // [f\ I i / I PHASE / 2 h / / / / I / / / / / / / // // /' ��/ // / / HAWSE / / / / / �> / / / / / / / / / / / / / / / a° / / i 7 / // // / // R rya \ / \ i�� ,/ // // // // // I ^ \9 _—/ PHAS / 3 // // ,/ // / �/ 965 e��\ ��- ,7 / / / C----i<,------------980 \ 9701 / / PLAN I. 990 � �/ // ��: • . \_.....,.......... ---_ I 1 I _ co/ PHASE/1 I I 960 970 / 990 -.- \ 100 1040 I I 1411 ) 1 V 97769 I I sii I I I I I I sl II I I II SiI 1 SUNDE ENGINEERING --i INC. A2CC WEST OLD SHAKOPEE ROAD PLOOMINCTON,MINNESOTA 55437 (612)EE1-3344 TILLER CORPORATION ELK RIVER, MN NOTES: 1. THIS PLAN DEPICTS THE GENERAL PROGRESSION OF MINING AND RESTORATION ACTIVITY. THE SITE WILL BE MINED IN PHASES. INITIALLY, OVERBURDEN WILL BE STRIPPED FROM A PHASE. THE OVERBURDEN WILL BE STOCKPILED ON SITE AND USED TO CREATE PERIMETER BERMS. 2001 PERMIT 2. AS MINING IS COMPLETED IN A PHASE, RECLAMATION AMENDMENT ACTIVITIES WILL BEGIN. RECLAMATION WILL CONSIST OF BACKFILLING TO THE GRADES INDICATED ON THE RECLAMATION PLAN, PLACING TOPSOIL,AND SEEDING \•'IIL AND MULCHING TO STABILIZE VEGETATION. SOME PORTIONS OF A GNEN PHASE MAY REMAIN OPEN TO 01 ACCOMMODATE MINING ACTMTIES SUCH AS STOCKPILING AND INTERNAL HAUL ROADS. PHASING PLAN DATE REVISION..._I 1 r - I - r / I HEREBY CERTIFY THAT THIS PUN, SPECIFICATION,OR REPORT WAS PREPARED eY ME OR UNDER MY / DIRECT SUPERVISION AND THAT IAM A DULY REGISTERED FROf ESSIONAL ENGINEER UNDER THE LAWS OF THE , STATE OF MINNESOTA. el DATE:4/27/C1 REG.NO.'. e734 N DRAWN EY CHECKED eY. DATE SCALE APPROVED SY: PROJECT NO.: SHEET NG. 2000 200 400 r SCALE IN FEET 4.--7)7 ,2 2 of 3 J i I op ,1/4,,, ,., ,,. ,,,,,i, , ,,„,, „ 4 V,,,,,--1 I ) RGRADES MAY BE ADJUSTED TOO REFLECT REFLECT FUTURE COMMON MINING BORDERS AND FINAL ELEVATIONS. 116.„ii,r_ „„,i�ff%s- r(7�t�%›» �uur ll.I/!i/iui\1ik . '�� �”` —riI... � h - (/AC..:,.x,f 1.;:m.r 1.,,:JI_ \\ w"i iffar\\��11111'r.0.QWII11111/,.... 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Mil/ / cl (' .' vii- ks (0,§0 , if, 1(,,,,,k or y -.,,,, ., .ensve i/, lk._.4, ,,/ , ,I,c----,00 i( ti- , / . /f 4, P// i 1' , A [ , P-- IN.--// immirr, , 'k\..., , j C 1"-zei,44 Vili:''t".:V_.!__ I 432••••• 0)4Viii), / i ca \If V',\ 4 ''‘, \--------- / ' 1:' ( .j/111 A 1 1 i':,0 L:7 1,.,!-• ek....,...dpv' ). --- „iii,,, -\-------\._-L.-,--_-_______-:,._.,/----,--,5-- , 14,- ;,,, - /., I i0 Iiiy.„..,, 4),,,,,,, i .(------,, ,,,-.4)1,(:(----,------ *--,, , ,, Art /�4 + ,,,,� ', r ,I�),���//�IVLIUV���� �1..�tA � � /iiiffiL('Jtdi\,)'„:"-- 7::',\IIS/fIL1\\\�+:a�V��;���l/J/!/� l��% i I' �jAr, �//[��1'� JJ1►l��3�i.'.��`ice.,.-av��iC _`.��yi/Tj�%�/j�� II �����q� ,, �L` „a �'� � �� �-- �. �� , 44/1y20.;./.,.; it, �_ p.��»sem, , ,,,_,. _,,,.....<:,.;,..... \ �r��//'' ��-� ,... 1�/�; ��� I j� ii.,(, (,)� � � ��A`L��t�� ��1111111►Si1T//i i t,\\i1),\'\kkr-‘__L-A-4.tiiiiitl: c s ,-”, iiiii ,. , r + -. i/:�����`�. Jit tf'a9, �r.--,-,,.-_ +�)l� � � J�/ l�l�r�kh�j���h��=onu /�/�;� A^ P ; �i�grr li � , � r �/i� ��1\IIIRI�%�� � 1), ������Ij X111111111111/.1rlo ✓nom ��°�/%f1 /�/GII�/lam '�I� vio Ate>,1 (qr3-Oa"if'.t"i- I + + + + + ;up 9141s:, m.h.\ RESTORATION GRADES MAY 1 tzs klet �� .,:BE ADJUSTEDTOREFLECTlW��� I ''9-'��'FUTURECOMMON MINING I ,i WA �rlll// �i��P. BORDERS AND FINAL I`� yy�,�e`�//4 _������J/Y�//U ,... .;��-, ELEVATIONS. '/0'l `r�/%II////ll//1111111�N �� , iiiiiiilig--.,..Weitioirigav„ z_IA.•1 i + ,VIIIVVVEI.i►t� / %/e(�i / / 1� �UuluFll mow,/ i���11���,�iip�//�j�r1�, �'�IIDUIiA� //ir Vi�11`,r�:1t���,,_ gektli, 11'------= ,K,,.::,.;i-_..--_ , :19y ;f: t' •�,1�( I I/ II •. I f 3G 3 XRErs J SUNDE ENGINEERING INC. 42CC WEST OLD SIMNOPEE ROAD _ BLOOMINGTON.MINNESOTA 5543) 11\ (612)661-3344 I - 1,� K;� NOTES: in 1. BOUNDARY INFORMATION FROM JAMES R. YC��" \I HILL, INC. TILLER ;11. `�/ 1". d + 2. TOPOGRAPHIC INFORMATION FROM AERIAL CORPORATION P�`�A SURVEY BY MARKHURD. DATE OF AERIAL ��,/.f�� PHOTOGRAPHY: APRIL 7, 1999. 410.0��� ELK RIVER, MN 3. RESTORATION OF THE SITE WILL BE PERFORMED IN GENERAL CONFORMANCE TO ���Ili�hf� . THIS PLAN. IaI --�' 4. SLOPES WILL BE BACKFILLED AS NEEDED TO u:�`=+� /I CREATE FINISHED SLOPES THAT WILL NOT 1,01.- k\ \; � EXCEED 4:1. I4��r 4 ' 5. RESTORATION GRADES ALONG THE WESTERN 2001 PERMIT i�/ ' + BOUNDARY, SOUTH OF 221ST AVENUE, MAY 4 11'IN AMENDMENT • ��F��I�! I. 8E MODIFIED TO MATCH GRADES AT THE IT�`���,V�;II \I PROPERTY UNE IF FUTURE MINING OF THE PARCEL TO THE WEST OCCURS. ' �T._ ,� 6. RESTORATION GRADES ADJACENT TO 22157 "\ ` I AVENUE MAY ALSO BE MODIFIED IF 221ST `` AVENUE IS LOWERED IN THE FUTURE TO A'.SI�� �,,', "t- IS MATCH FINAL PIT FLOOR ELEVATIONS. \ VV 7. GRADING ALONG THE NORTH COMMON %T"= MINING BOUNDARY MAV ELIMINATE THE �{� � �ti,I I + SETBACK AND RESTORATION SLOPE ALONG r%�a4" 1� 11'1 - ) THE NORTHERNMOST PROPERTY LINE. RESTORATION PLAN C �.'Il •��Q,I 8. A MINIMUM OF 3" OF TOPSOIL WILL BE 4 4I'e' I i PLACED OVER SLOPES. THE SLOPES WILL V44�%// I I i', BE SEEDED AND MULCHED TO ESTABLISH Ate 4' II VEGETATION. VEGETATION WILL BE �� I ��t 11 �/... PERIOICALLY INSPECTED TO ENSURE THAT IT DATE REVISION ��i� I I , HAS BECOME SELF—SUSTAINING. —.100- MOM T — -- ��� ,, 1^^1 MAXIMUM 4:1 1'I....... ...._ 11'VAit II Al „ + SLOPEMEMMEMMEMEM �: II T1,�1Jny' p 1.> b ;, E ' �� II+ Il,l '171 1 IIIb ......, Ib1 , Ii �. I ____. lli il',' = ll MIME IIIIMIIIIIMMIIIM u . )11 � ~ IMIIIIIIIIIIIMIMIIIIINIIII lT + =1 ...1.4?;:-1 , -.. .. , :if , 11.11111. 1 11111 / /// `�*L- � Iif I I HEREBY CERTIFY THAT TH5 PLAN. SPECIFICATION.OR REPORT WAS y1I4 IIPREPARED En,ME OMY DIRECT SU ERVIS ONRANDDER THAI AM 014400v A DULY REGISTERED PROFESSIONAL 3 /I I II L I/11 + ENGINEER UNDER THE LAWS OF THE •'� 4 STATE OF MINNESOTA t a ,h y,, �� DATE:4/21/01 REG.NO: 8134 41 1 //I � ,l' �J DRAWN BY: j� + CHECKED 8Y: - - r"— , ,/ ( DATE: II•�'/I APPROVED BY: -'( '- PROJECT NO.: / SHEET NO. 200 0 200 400 SCALE IN FEET ry 3ii3 _a S o f 3 J I Il I. a a a ® PROPERTY ADDED TO TILLER'S MINING OPERATION (18.55 A) 111 3 111 44/ lb ' ® ....... .,.. .. 221ST AVENUE PROPERTY REMOVED FROM TILLER'S MINING ill OPERATION (5.31 A) • a \\ N NEW MINING LIMITS ON McCROSSAN PROPERTY / ® BEYOND TILLER BOUNDARY (2.34 A) a PROPERTY ADDED TO TILLER'S MINING OPERATION (5.31A) ■ 11411 P - VSO \ S TO V \ \ C 1 V TS I- G ...., F - 2■ II LIVONIA TWP. lir I, If SITE 221st AVE. NW �% I, i/ !I N RC. NW I , m 0 r) BIG LAKE TWP ill a'r 111,11Z 0 Z 11!1 y/CG /'IWgY lo ELK RIVER it 7 \,.. ..... iiii! MISSISSIPPI RIVER SHERBURNE COUNTY k NT WRIGHTCOUNTY OSTEGO 0 IIPT LOCAT 0 \ VAD II I-- C , Rh 1 CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of 2001, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and TILLER CORPORATION, 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: • 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 June 18, 2001, approved a conditional use permit for the operation of a gravel mining operation and hot-mix plant (the Operation) on the Property, subject to certain conditions, including that Operator enter into a 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. S Page 2 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, 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 or 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 and the operation of a hot-asphalt mix plant. • (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 four (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. • s:\b&z\stever\gravcup.doc Page 3 (04) The license shall be renewed annually and shall run from • June 1st through May 31st. The annual license fee is that which is specified by the Elk River City Council at time of renewal. This license fee is not in lieu of gravel tax collected by the County, 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 mineral excavation license. c. The reclamation shall include topsoil from the site being preserved and put back into place after mining. d. Revegetation of the property shall include seeding with a mixture approved by city staff accompanied by a nurse crop or approved mulch. The vegetation established for the reclamation must be maintained until it is self-sufficient. e. 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. Additional measure as determined by • city staff may be required. s:\b&z\stever\gravcup.doc Page 4 (10) Traffic . a. Except for localized jobs, traffic through Elk River associated with this Operation shall be limited to 221st Avenue to U.S. Highway 10 and 169. b. Minimum four feet high berms shall be maintained adjacent to US Trunk Highway 169 and 221st Avenue until time of final reclamation. (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 when necessary. i 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. • (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, except the hours for the hot-mix asphalt plant may be extended by the Building and Zoning Administrator for special cases. (13) Noise a. As deemed necessary by city staff, noise from screening and crushing associated with this Operation shall be controlled by equipment location on site, the erection of sound barriers, the placement of stockpiles, and the type of equipment used. • s:\1386z\stever\gravcup.doc Page 5 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) Air Emissions a. The MPCA air emission permits for all equipment associated with the mining and hot-mix asphalt operations shall remain current. b. A maximum of 20% opacity is allowed for emissions from the hot-mix asphalt plant. c. Baghouse fines are allowed to be used in the hot-mix asphalt. d. That the baghouse filter is inspected for leaks once per month during the construction season with the results copied to the City. e. Particulate emission standards be met by the plant operation (maximum of .04 GR/DSCF for the hot-mix asphalt plant). f. That all correspondence between the Operator and MPCA be copied to the City. (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 twenty- five (25) feet of a dwelling, or more than .5 foot candles on any part of the adjacent property. • s:\b&z\stever\gravcup.doc Page 6 (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. (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 four (4) working days. e. The appropriate storm water permits shall be obtained by the Operator from MPCA. f. The existing well located at the site and any future wells added for the operation shall be monitored once a year for diesel range organics (DRO). g. Stockpiles of recyclable asphalt not be placed in surface water and run-off from these stockpiles be directed away from surface waters. Further, the size of the stockpiles is limited to the amount of material that can be used in one year, but one years worth may be stored over winter. • s:\b&z\stever\gravcup.doc Page 7 h. That the mining and hot-mix asphalt operations take place a minimum of five feet above the water table. Any deviation to this stipulation shall require an amendment to this permit. i. Gravel washing operations are prohibited at this site and will require an amendment to this permit to be allowed in the future. j. The Operator shall have an approved hazardous waste license for this facility and properly dispose of all waste. (19) Signage Signage for the operation shall be that which is permitted for an industrial operation in a medium industrial zone, with the exception that billboards are not allowed. (20) Fencing and Screening a. The perimeter of the sites shall be fenced with a four 411 foot high fence with warning signs placed where appropriate. b. To further aid screening, trees shall be planted on the berms adjacent to US Trunk Highway 169 and 221st Avenue in accordance to the approved landscape plan. c. A Two hundred (200) foot wide buffer strip adjacent to the right-of way of the City's Railroad Hiking Trail shall have natural vegetation retained on it. (21) 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 oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15th, not leaving roots exposed and avoiding mechanical damage on remaining trees. • s:\b&z\stever\gravcup.doc Page 8 (22) Odor i Odor from the hot-mix asphalt operation shall be controlled. If weather conditions make odor noticeable, the percentage of recycled asphalt shall be reduced. If extreme odor problems persist, the plant may be ordered to temporarily shut down by city staff until weather conditions allow its reuse. If odor problems can not be resolved by the Operator, the Planning Commission for the City shall review the situation with a public hearing and make a recommendation to the City Council on whether or not the operation of the hot-mix asphalt plant shall be allowed to continue. (23) 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. s:\13&z\stever\gravcup.doc Page 9 1111 (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: Tiller Corporation ATTN: Michael Caron P.O. Box 1480 Maple Grove, Minnesota 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 OPERATOR/FEE OWNER: Tiller Corporation- By: By: Its: Mayor By: By: Its: City Administrator • s:\b&z\stever\gravcup.doc Page 10 • STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 2001, by Stephanie A. Klinzing, 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 , 2001, by Patrick D. Klaers, the City Administrator of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public • • s:\b&z\stev er\gr avcu p.d o c Page 11 • STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2001, by , the of Tiller Corporation, a Minnesota corporation, on behalf of the corporation and fee owner of the subject property. Notary Public STATE OF MINNESOTA • ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 2001, by , the of C.S. McCrossan Construction, Inc., a Minnesota corporation, on behalf of the corporation and fee owner of the 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 • s:\b&z\stever\gravcup.doc EXHIBIT "A" 410 1 .) Legal Description of New Parcel of Property to be added to site: That part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, Sherburne County, Minnesota, which lies easterly and southeasterly of the southeasterly line of a 200 foot wide strip of land, and its northerly extension, its centerline described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4: thence South 89 degrees 42 minutes 21 seconds West, assumed bearing, along the south line of said southeast Quarter of the Southeast Quarter of Section 4, a distance of 1279.14 feet to the point of beginning of said centerline to be described: thence North 26 degrees 33 minutes 44 seconds East, a distance of 1212.16 feet: thence northeasterly a distance of 238.84 feet along a tangential curve, concave to the northwest, with a central angle of 04 degrees, 46 minutes, 37 seconds and a radius of 2864.79 feet, to the intersection with the north line of said Southeast Quarter of the Southeast Quarter of Section 4, and said centerline there terminating. AND which lies northerly of that part of the centerline of 221' Avenue as • described in Sherburne County Recorder Document Number 317893, described as follows: Commencing at the southeast corner of said Southeast Quarter of the • Southeast Quarter of Section 4: thence north 00 degrees 32 minutes 21 seconds West, assumed bearing, along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 346.29 feet, to the intersection with said described centerline of 221" Avenue, said intersection being the point of beginning of the centerline to be described: thence South 89 degrees 42 minutes 57 seconds West along said centerline a distance of 490.64 feet; thence continuing along said centerline a distance of 90.67 feet along a tangential curve concave to the south, having a radius of 521 .00 feet, and a central angle of 09 degrees 58 minutes 16 seconds; thence continuing along said centerline South 79 degrees 44 minutes 41 seconds West, tangent to said curve a distance of 754.89 feet to the intersection with the west line of said Southeast Quarter of the Southeast Quarter of Section 4, and said centerline there terminating. Subject to the existing easement of 221' Avenue as described in Sherburne County recorder Document number 317893. 2.) Legal Descriptions of Parcels to be transferred: • Parcel A is being removed from the permitted mining area and Parcel B is being added to the permitted mining area. Parcel A: That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, described as follows: Beginning at the Southwest corner of said Southwest Quarter; thence South 89 degrees 58 minutes 24 seconds East, assumed bearing along south line of said Southwest Quarter, a distance of 759.63 feet; thence North 00 degrees 01 minutes 36 seconds East a distance of 263.05 feet to the centerline of 66.00 foot street, utility and drainage as described in document number 317893; thence northwesterly along said centerline and a non-tangenial a distance of 306.10 feet, having a central angle of 33 degrees 39 minutes 45 seconds, a radius of 521 .00 feet, and a chord bearing of North 73 degrees 27 minutes 10 seconds West; thence North 89 degrees 42 minutes 57 seconds East, along said centerline and tangent to last curve, a distance of 473.80 feet to the West line of the Southwest Quarter of Section 3; thence North 00 degrees 32 minutes 21 seconds West, along said West line a distance of 346.29 feet to the point of beginning. • Parcel B: That part of the Northwest Quarter of Section 10, Township 33, Range 26, Sherburne County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest Quarter; thence South 89 degrees 58 minutes 24 seconds East, assumed bearing along the north line of said Northwest Quarter, a distance of 965.80 feet to the point of beginning of the land to be described; thence South 00 degrees 01 minute 36 seconds West a distance of 1 121 .92 feet to the South line of the North 1 121 .92 feet of said Northwest Quarter; thence North 89 degrees 58 minutes 24 seconds West, along said South line, a distance of 206.17 feet; thence North 00 degrees 01 minute 36 seconds East a distance of 1121 .92 feet to the North line of said Northwest Quarter; thence South 89 degrees 58 minutes 24 seconds East, along said North (i line, a distance of 206.17 feet to the point of beginning. '9 3.) Legal Description of Original Site fl The Northeast Quarter of the Southeast Quarter of Section 4, !! Township 33 Range 26, lying east of railroad right-of-way except the i. ;i, northern 525 feet. SKI • And !kl The East 1/2 of the Southwest '/4 of Section 3, Township 33, Range 26 . lying West of US 169, Except the northerly 525' And The W 1/2 of the SW '/4 of Section 3, Township 33, Range 26, Except the north 525 feet thereof And That part of the North 1121 .92 feet of the Northwest Quarter of Section 10, Township 33, Range 26, Sherburne County, Minnesota lying east of a line which begins at a point on the north line of said Northwest quarter distant 965.801 feet east, as measured along the north line from the northwest corner thereof; thence south at a right angle 1121 .92 feet; and lying west of the westerly right-of-way line of U.S. Highway No. 169 as laid out and traveled in 1963. •