5.2 r-/ A.
( ITEM # 5.2.
• 1 MEMORANDUM
City oft TO: PLANNING COMMISSION
Elk River
FROM:O : STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR St(
DATE: FEBRUARY 27, 2001
SUBJECT: CONDITIONAL USE PERMIT
REQUEST FOR MINERAL
EXCAVATION BY AGGREGATE
INDUSTRIES CU 01-06/P.H.
REQUEST
Aggregate Industries-North Central Region, Inc., is requesting a conditional use permit to
mine, crush, screen, wash and sell sand and gravel products from the site in question.
Aggregate Industries's application containing details of their proposal is attached to this
memo.
The property is currently zoned A-1/Agricultural with the Mineral Excavation Overlay
Zoning District applied to it. If this request is approved, a yearly mineral excavation
• license will also be required. Staff has approved a grading permit to allow the stripping
of topsoil on this site, independent of this approval.
LOCATION
The affected property is legally described as:
The Southeast Quarter of the Southeast Quarter(SE 1/4, SE 1/4) of Section 9, and
the north 320 feet of the Northeast Quarter of the Northeast Quarter(NE 'A,NE
'A) of Section 16, all in Township 33, Range 26, Sherburne County, Minnesota.
A vicinity map is included with this memo.
GENERAL SITE INFORMATION
The site is mainly made up of farm ground, not considered prime or of statewide or local
importance. Other than a scattering of trees in a few gullies on the property, the site is
void of trees and wetlands. The Minnesota Biological Survey identifies an oak forest—
dry subtype just to the west of the property, but does not identify any rare or threatened
species on the property itself. The property in question was part of the area studied in the
City of Elk River's Environmental Impact Statement(EIS) on Mineral Excavation. With
the exception of the two residences that lie immediately to the south of the property, all
other residences are approximately one half(1/2) mile away from the site.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 •TDD & Phone (763) 441-7420 • Fax (763) 441-7425
OVERALL OPERATION
The site being considered in this request will be used to process material mined from all
• of Aggregate Industries's properties lying west of Highway 169. Some of the properties
involved will be the subject of future conditional use permit requests. Aggregate
Industries's application contains a map of their current and future mining operations (see
"Overview Map" in the attached application). The exception to this is their current mine
on the Nemeth property. Aggregate Industries is proposing to use conveyors to bring
materials to this property, which will be considered in a future request. Their facility for
maintenance that can't be done in the field, is on the east side of Highway 169 and is on
the attached"Overview Map". This shop is covered under a previous conditional use
permit
TRAFFIC
Aggregate Industries is proposing to temporarily use 213th Ave. to access US Trunk
Highway 169. This intersection has protected turn lanes, but does not have acceleration
lanes. Staff recommends that Aggregate Industries direct their traffic south via Co. Rd 77
to the altered Highway 169/Co. Rd. 33 interchange, when it is completed. It is
anticipated that this new interchange will be complete in 2004. For the majority of the
time from now until then, Aggregate Industries will still be mining the Nemeth property
and using its access. If, for some unforeseen reason, the new interchange at Highway
169/Co. Rd. 33 does not materialize, staff recommends that Aggregate Industries be
required to petition the Minnesota Department of Transportation to have acceleration
lanes added to the 213th Ave./Highway 169 intersection.
• GROUND WATER
Aggregate Industries's wash operation will utilize a great deal of water. To minimize the
effects of this operation on the water table, they use a two celled pond system. Water
used to wash gravel is directed to the first cell where sediment is allowed to settle out.
The overflow from this cell then proceeds to a second cell where the water is recycled
back into the wash operation. This system greatly reduces the amount of water that needs
to be pumped out of the ground for the wash operation.
A pump test that was done as part of the city's EIS on Mineral Excavation and our
experience from the drought of the late 1980's, revealed that residential wells in this area
may be stressed by the appropriation of large amounts of water. The attached conditional
use permit (CUP) contains language to avoid this problem, including a requirement to
curtail wash operations if necessary. The attached CUP also contains additional testing
requirements regarding groundwater.
HOURS OF OPERATION
Aggregate Industries are requesting to operate outside of the normal hours of operation,
which are 7:00 a.m. to 7:00 p.m., Monday through Saturday. They are requesting that
their hours of operation are from 6:00 a.m. to 2:00 a.m., which are the hours they are
currently allowed to operate at the Nemeth pit. In other locations within the city,
Aggregate Industries has demonstrated their ability to mitigate negatives effects
associated with their operations. The CUP includes remedies, if these hours prove to be
an annoyance to surrounding properties. However, the proposed operation is extremely
• close to the residences to the south of their property. Staff is unsure whether or not
Aggregate Industries can adequately address issues like noise, vibration, and dust for
these residences because they are so close to the operation.
• SETBACKS
Aggregate Industries are proposing to use topsoil from the site as a berm between their
operation and the adjacent road and residences. The proposed berm will work well for
protecting 213th Avenue from erosion and for traffic safety. A description of the berm is
included in Aggregate Industries's application. The proposed berm is 95 feet wide. The
cities minimum setback from mining activities to adjoining properties used for residential
purposes is 50 feet.
FENCING
The city's Mineral Excavation Ordinance requires fencing around ponding areas that are
one and one-half(1 '/2) feet deep or more. Fencing is also required adjacent to steep
slopes (the cut face of the mining operation. Aggregate Industries is proposing to fence
their entire site.
OTHER ISSUES
Numerous other issues that are of concern with a mining operation have been adequately
addressed in Aggregate Industries's application. Staff chose to elaborate only of the most
significant issues in this memo.
RECOMMENDATION
Staff is recommending approval of Aggregate Industries's request to conduct mining
• activities on the property in question under the stipulations and conditions found in the
attached CUP based on the following findings:
)=. Aggregate Industries's proposal, including their proposed reclamation, is
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.
➢ The operation will not result in the loss of natural, scenic or historic features of
major importance and it 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.
•
I I I i / \
• I I
i a iil
--- 0-- --- —— — I — --
!lit
fi
1ii'
j!�
'1 219M.W41E ..r,
1,
•
r�
II'lle;
I ,i
1�11. ] S i 1Alb
I ,�1
�� — -- �,1 — --
'� l
IIIII' 11' I- II-- P- t
li
MI ___ _
r , _ _
\‘, , ,
\. .
. _
• 0,„„,,,,,, .,,,
., „,,
_. . A h 213V Alf WE ' I k 2A .
- 'I'M wow, /Orli ___
IV IMo �.oi
49411 -iiiii.V
r�,
i*t. 441 -1' „-
�1 _ ®I
'�► {
I
emp,A r ; I
&PAZ 1 i 11 c N 11
iii A V '
WAIF/ _ I j —
I II
Mr ..
if
s;it, . , _
...,.. .. . • .. . /IHI. i ;
EJU i 11 IV 1 I I
rk) -'\.(
/ LOCATION N
City of
, , � . MAP
•Ell . River
13065 Orono Parkway •P.O.Box 490 CASE: CU 01-06
Elk River,MN 55330
•
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 Aggregate Industries-North Central Region, 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:
IDThe Southeast Quarter of the Southeast Quarter (SE 1/4, SE 1/4) of Section 9, and
the north 320 feet of the Northeast Quarter of the Northeast Quarter(NE 1/4,NE
1/4) of Sectionl6, all in Township 33, Range 26, 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 , 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
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.
•
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 has a
valid lease for the operation and the fee owner of the subject property shall also enter into
this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(01) This Conditional Use Permit authorizes Mineral Excavation
(gravel) from the Property.
(02) All mineral excavation and processing operations on the property shall
comply with the City's mineral excavation, zoning and other applicable
ordinances; with the terms of this Conditional Use Permit agreement and
the license agreement to be executed by the City and operator; with the •
City of Elk River's Environmental Impact Statement on mineral
excavation; and with the application materials and plans submitted by the
Operator, which plans and materials are the basis for the City's approval
of the Conditional Use Permit.
(03)I 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.
(04) The operation shall be subject to 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:
4,
(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 explosivesshall be allowed for this o •
( ) No operation.
p
s:\b&z\stever\gravct,.doc
Page 3
(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. 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.
• (10) Traffic
Except for localized jobs, traffic through Elk River associated with
this operation shall be limited to U.S. Highway 10 and 169. The
operator may temporarily use 213th Ave. to access Highway 169.
No later than January 1, 2005, the city will determine if the
operator shall redirect traffic from their facility to the County Road
33/Highway 169 interchange or petition the Minnesota Department
of Transportation for acceleration lanes at the 213th
Avenue/Highway 169 intersection.
(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.
s:\b&z\stever\gravcup.doc
Page 4
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.
(1 ) Hours of Operation
a. The operator will be allowed to mine, process, and sell product on
the site from 6:00 a.m. until 2:00 a.m. and maintain equipment 24
hours a day, as long as the operation does not constitute a nuisance
to surrounding properties as determined by city staff. If complaints
can not be resolved, the Building and Zoning Administrator may,
as a remedy, adjust the hours during which mineral excavation
activities are conducted, ultimately reverting back to the normal
hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
Upon approval of the Building and Zoning Administrator, or
his/her designee, sale (hauling product off-site) may occur outside
of the permitted hours [on a temporary basis not to exceed seven
(7) days] to address an unique situation.
(13) Noise
a. The 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.
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 twenty-five (25) feet of a dwelling,
or more than .5 foot candles on any part of the adjacent property.
(15) The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on this site, with the •
exception that reusable parts may be stored on the mineral excavation site
s:\b&z\stever\gravcup doc
Page 5
provided that it is in a location that cannot be viewed from adjacent
1111 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 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 wells located at the Rotz residences and on the site shall be
monitored once a year for diesel range organics (DRO). If mining
is to occur below the water table, the above wells shall be
monitored for DRO prior to excavation activities commencing and
after their cessation each year. Further, in the event of a spill,
appropriate water tests will be taken until the spill is deemed clean
by the city.
g. A two cell system to recycle water from the wash operation shall
be utilized.:
h. Groundwater levels shall be monitored in the wells located at the
Rotz residences and on the site prior to the start of wash operations
and an additional three (3) times during the first week of said
operation to predict the long term effects of the pump operation.
Thereafter, the aforementioned wells shall be tested a minimum of
twice per month, said frequency to be increased during dry periods.
• This routine testing shall also be done for the water recycling pond.
s:\b&z\stever\gravcup.doc
Page 6
i. Water usage by mining activities shall not adversely affect adjacent
residential wells. Mitigative measures may include, but are not
III
limited to, curtailing of pumping activities until water levels return.
(1$) Signage
1
Signage for the operation shall be that which is permitted for an industrial
operation in a medium industrial zone.
(1 9) Fencing
The operator shall fence the perimeter of the site with a four (4) foot high
fence with support post every ten (10) feet.
(20) Berming
Berms shall be constructed on the site as described in the operator's
application.
(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- •
(011 Permits- Operator agrees to comply with all of the provisions hereof and
agr es to save and hold the City harmless from any and all claims or actions
ari ng 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 y provision of this Agreement will not operate as or be construed to be a
wai er of any subsequent breach of this Agreement.
I
•
s:\b&z\stever\graycup.doc
Page 7
(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: Aggregate Industries-North Central Region, Inc.
ATTN: Bob Bieraugel
2915 Waters Road, Suite 105
Egan, Minnesota 55121
(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:
Aggregate Industries-North Central Region,
Inc.
By: By:
Its: Mayor
By: By:
Its: City Administrator
•
s:\b&z\stever\gravcup.doc
Page 8
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
Th� foregoing instrument was acknowledged before me this day of
, 2001, by Stephanie A. Klinzing, the Mayor of THE CITY
or ELK RIVER, a Minnesota municipal corporation, on behalf of the
coJ poration.
Notary Public
STATE OP 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\stever\gravcup.doc
•
Page 9
STATE OF MINNESOTA
• ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2001, by , the of
Aggregate Industries-North Central Region, Inc., 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
Aggregate Industries-North Central Region, 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