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4.1. PCSR 12-22-2020 Request for Action Cir•ci Elk - River= To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings December 22, 2020 Zack Carlton,Planning Manger Item Description Reviewed by Aggregate Industries—MWR Inc.— 12002 213"' Chris Leeseber , Senior Planner Ave NW Reviewed by ■ Conditional Use Permit amending CUP 13- Amanda Erickson, Environmental Coordinator 09 to add parcels to the approved mineral excavation area, Case No. CU 20-21 Action Requested Recommend,by motion, approval of the proposed amendment to Aggregate Industries mineral extraction CUP which adds additional — parcels to the approved mining area,with the following conditions: 1. All conditions of approval from earlier conditions shall be incorporated into the new mineral extraction operation. p - 2. A new mining license must be approved prior to commencing " CR 33_ with mineral extraction activities in the new permit areas. 3. A license agreement must be signed by the City Council prior to any mining activities within the Proctor Road right-of-way. \1 ` x, _ Background/Discussion The applicant,Aggregate Industries, currently operates a mineral - HW-io 1 extraction operation generally north of Ranch Rd, east of the great - CR 12 northern trail, and west of Proctor Rd. Within this area, the applicant proposes adding one formerly residential parcel that was purchased by the applicant,and a segment of Proctor Road. The Proctor Road 1, segment would also be regulated by a license agreement between ' P� Aggregate Industries,Plaisted Companies, and the City of Elk River. /6 9 The applicant states that processes and practices for the facility will remain the same as the past several years and does not expect traffic to change significantly. Figure The city received noise complaints related to mining activities in early 2020 from residents to the west of the site. City staff met with nearby residential property owners and the mining operators to address these concerns. Noise mitigation measures were installed after that meeting specific to the concerns addressed during the meeting. Additional complaints have not been received since and mining operators have continued to update nearby residents about changes to site operations. However,it should be noted that mining plans for 2022 and beyond show mineral extraction activities pushing closer to existing residential neighborhoods. Mining in these areas is The Elk River Vision P I I E R E I I Y A welcoming community avith revolutionary and spirited resourcefulness, exceptional INAWR service, and community engagement that encourages and inspires prosperity. Updated.August 2020 already permitted with the current CUP,but hours of operation can be adjusted per the license agreement. The mining operator is aware that additional noise mitigation practices or changes to hours of operation may be necessary in the event noise becomes an issue as mining locations extend towards the residential area. Applicable Regulations In approving a Conditional Use Permit,the Commission and Council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties,the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral n'e fare of the neighborhood or the city. The proposed amendment does not allow mining operations closer to residential areas than what is currently approved. Mining operations generate significant noise and can negatively impact the general welfare of adjacent neighborhoods. The operator is aware of such concerns and is well equipped to make necessary site modifications to mitigate noise or alter operations if necessary. The operation will not endanger,injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety,morals, comfort, convenience or general welfare of the neighborhood or the city and staff will update conditions in the annual license if such concerns arise. 2. mill be consistent nvith the Comprehensive Plan. The Comprehensive Plan guides the site for Mining and Development Reserve Uses and the proposed project does not change the use of the site. The project is consistent with the Comprehensive Plan and staff does not see a need to impose specific conditions to satisfy this standard. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. Most of the surrounding parcels include mining operations and continued mining on adjacent parcels does not impede the normal and orderly development and improvement of surrounding vacant properties. The use will not impede the normal and orderly development and improvement of surrounding vacant property and staff does not see a need to impose specific conditions to satisfy this standard. 4. mill be served adequately by and will not adversely affect essential public facilities and services including streets,police and fare protection, drainage, refuse di posal, nater and seaver ystems,parks and schools;and mill not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Traffic volumes are not expected to change significantly, and site traffic will continue to use existing routes to Highway 169. Trucks hauling gravel will generally use 213t''Ave for a direct connection to 169. The use will be served adequately by and will not adversely affect essential public facilities and services and staff does not see a need to impose conditions specific to this standard. N:\Departments\Community Development\Plannung\Case Files\CUP\CU 20-21 Aggregate Industries\4-Planning Commission\4.1 sr Agg Industries CUP.docx 5. mill not involve uses, activities,processes, materials, equipment and conditions of operation that mill be detrimental to any persons or property because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. The use is already permitted in this area and the additional parcels are further from residential homes than existing operations.The operator does not expect increased traffic or noise as a resulted of the expanded mining area. The proposed project will not detrimentally impact the use of nearby properties and staff does not see a need to impose specific conditions to satisfy this standard. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The proposed project will not result in the destruction or damage of natural, scenic, or historic features and staff does not see a need to impose specific conditions to satisfy this standard. 7. mill fully conpywitb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The applicant is required to enter into and update their license agreement with the city. This is a condition of approval and the proposal complies with all other requirements of the code. If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Mission/Policy/Goal Reflect the culture of citizens and what is important to majority. Attachments ■ Location Map ■ Applicants Narrative and Site Plans ■ Current Mineral Extraction License N:\Departments\Community Development\Planning\Case Files\CUP\CU 20-21 Aggregate Industries\4-Planning Commission\4.1 sr Agg Industries CUP.docx T r w C) 54 40 1 r f `' -t r f� T 8 cis r r Nk '" 9 r r IiF �iS a M r r C4 + •� Vii. C4coo 4 w H lot �--+ T � � � �, .n •�. � I,�+-x-.11 w� o Elva 9 ,M A4k AGGREGATE INDUSTRIES AGGREGATE INDUSTRIES ELK RIVER Conditional Use Permit Amendment Application November 30, 2020 Aggregate Industries —Elk River Plant 12001213" Avenue NW Elk River, MN 55330 (763) 441-3227 Aggregate Industries operates its Elk River Sand & Gravel facility to process raw material into commercial aggregates. These aggregates are then incorporated into various products which are utilized for the construction of highways and other infrastructure projects in the Twin Cities metropolitan area. Property Legal Description: Part of the Southeast Quarter of Section 9, the East Half and part of the Northwest Quarter and Southwest Quarter of Section 16, all in 'Township 33 North, Range 26 West, Elk River, Sherburne County, Minnesota. Parcel ID: 75-109-4100 75-116-1200 75-109-4200 75-116-2100 75-109-4400 75-116-4100 75-116-1100 75-116-4200 75-116-1105 75-116-4400(acquired in 2020) 75-116-1106 This Conditional Use Permit Amendment Request is respectfully submitted to amend the Company's existing Conditional Use Permit for Mineral Excavation (dated July 15, 2013), to include Parcel 75-116-4400, which was purchased by Aggregate Industries in July, 2020. Additionally, the Company is requesting that the south half of Proctor Road be included in their Conditional Use Permit. At the time of this submittal, the Company is working with City staff members and Plaisted Companies, LLC to develop a License Agreement, which will allow Aggregate Industries and Plaisted Companies to jointly mine the reserves located beneath Proctor Road. Please refer to the attached 2021 Operations Plan which depicts Aggregate Industries' current operational footprint and the proposed expansion area. During the 2021 operating season, stripping and mining will occur on the ten (10) acre property which the Company acquired in 2020 (former Hipsag property), as well as approximately six (6) acres of Proctor Road. In order to prepare the Proctor Road area for mining, the Company will first need to remove and relocate the existing overhead power line located along the southern portion of Proctor Road (please refer to Exhibit I . It is anticipated that this work will take place in late 2020 or early 2021. Electrical services will be re-routed as depicted on Exhibit 2, as proposed by the City of Elk River. Aggregate Industries will work with all utility providers, as necessary, in the re- routing of electrical and other utility services on the southern portion of Proctor Road. Subsequent to the re-routing of utilities and prior to stripping taking place on the southern portion of Proctor Road, the bituminous asphalt will be taken up and managed on-site. This 2 material will ultimately be crushed and blended with various aggregate products for use in road improvements projects. The Company anticipates that approximately 1.2M tons of sand and gravel will be processed from these areas in 2021. Two front-end loaders will excavate material from the working face. The average depth of excavation will be approximately 50 feet. The depth of topsoil and overburden is approximately 3 to 15 feet. The processes and practices for the facility will remain the same as in the past several years. Once extracted, the aggregate is transported to the processing plant via conveyor, where it is crushed, washed, sorted by size and stockpiled until it is transported off-site. No explosives are used at this location. The traffic generated by the mining operation will continue at roughly the same volume as the past several years and includes aggregate trucks leaving the facility via 213th Avenue and then proceeding onto Highway 169. Erosion and runoff is controlled during the mining process by the excavation itself The excavation is sloped towards the interior of the property, causing runoff and any potential erosion to flow towards the center and floor of the mine. Dust is controlled by the ambient moisture content of the aggregate deposit itself, which is a very effective suppressant of airborne dust. In addition, the mine floor and internal haul roads will be sprayed with water, as necessary, to further reduce dust. Chloride may also be applied to the internal haul roads from time to time. The Elk River Plant is currently permitted to mine, process and sell product at the site and to maintain equipment 24 hours a day, as long as the operations do not constitute a nuisance to surrounding properties as determiner) by City staff. In May 2020, the City received a noise complaint which was attributed to noise coming from the"cone" crusher at the Elk River facility. Company representatives met with City staff member, Amanda Erickson, and several neighbors immediately and subsequently implemented noise suppression measures around the "cone" crusher to reduce the noise. Concerns and inquiries regarding the operations at this site can be directed to Tim Fenstermacher, Plant Manager, at (701) 866-4674 or Patty Bestler, Regional Manager, Environmental & Land Services, at (612) 214-8577. Aggregate Industries is committed to quality in all aspects of its mining and other business operations. This includes compatibility with its neighbors and responsible, involved corporate citizenship. Aggregate Industries maintains an"open door"policy at all times. The Company presently operates the Elk River facility under the following environmental permits: NMM General Air Permit 03 7003 52-00 1(issued by the MPGA) Aboveground Storage Tank Licenses(issued by MPCA) Hazardous Waste License(issued by the MPCA) MNG490073 General NPDES Permit(issued by the MPCA) Water Appropriation Permit 1988-3054(issued by the MN DNR) 3 In addition, a Spill Prevention Control and Countermeasures (SPCC) Plan is also in place at the Elk River facility which includes a site specific spill response procedure. Spill response materials are readily accessible on-site in the event a spill occurs. Copies of these permits and plans have been previously furnished to the City. As a requirement of the NPDES/SDS Permit, the Company maintains a Storm Water Pollution Prevention Plan (SWPPP) at the Elk River facility. This plan will be updated to include the proposed project expansion areas. Aggregate Industries employs a rigid Environmental Management System at all of its facilities. The risk of chemical or petroleum pollution is very small. Diesel fuel, motor oil and gasoline is present in the equipment and vehicles on-site. A designated employee conducts daily, weekly and monthly environmental inspections during active operations to ensure that all environmental permits and procedures are adhered to. Operational specific environmental site procedures, including, but not limited to proper chemical/fuel management, air management, water management and waste management are in place for the Elk River facility. Site personnel are trained on these procedures as well as the components of the SWPPP and the SPCC Plans on an annual basis. Post-mining, the Company's property will be reclaimed in such a manner which will be suitable for the future development of this area. The reclamation of the Proctor Road area, may or may not include the replacement of the road to its present location, which will be determined and set forth in the License Agreement between the City, Aggregate Industries and Plaisted Companies. 4 a r U) W IL z ac iL LLILu rx to z W LL o u C CL N W , W _� N — C Q @ o © 0 W S O CLLI no: f( 6 O (�C aCOo Z 0 C m d c M :3 C r W W N O C C1 -0 Q O o LLI Q c > Q a ! N ¢ LL cn c(1) U O W � c N � � 1ClD r *r • N - D u O N N O N I cm cq N N pt « F + : •� N c - w t-ow �" �.� 'S'7� q ¢•: lue,Arrows Indicate Direct',)" �blStorm Water Flow Settling Ponds �" -r" Diese9 Tank#10647 ANA� ' _ - Gasoline Tank#10733 ' ` Drum Storage Shed Scale House Gr6lin�?NafP.r Well Fresh Water Pumn _-�ll • Wash Plant �, 'i 1 •� Crushing Plant �L } ,f 4 I R�'y•� _�1 l A l Diesel Tank#10648 * Diesel Tank#10649 -` �►_..*` y� I X915`a N 0 500 1,000 2,000 AGGREGATE Elk River S&G Moolllll Feet w E INDUSTRIES Drainage Map Air Photo: 1(}/2/2015 S EXHIBIT 1 w ---------------------- ------------ --------- a -------_-------- NIOTC A,cT to sco-1.9- �s o 4 x. rn n � f3W a a �----------- r , Ak- 3 { z -p h. f W ' `finer aaa5,�aat�� a alt► � _.. J 2019 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"),to: Aggregate Industries 2815 Dodd Road, Suite 101 Eagan,MN 55121-1562 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year 75-109-4100 39.0 75-109-4200 4.0 71.20 75-109-4400 39.96 75-116-1100 70.19 75-116-1105 4.0 75-116-1106 6.0 75-116-1200 1.35 78.84 75-116-4100 88.76 75-116-4200 27.0 55.30 Total Acres 280.26 205.34 (hereinafter referred to as the"Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance,including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. _Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License,which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via CASH #33 or 2131'Ave East to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs Excavation License Page 3 --------------------------- to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. I11. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Stu& and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2020, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code,in the amount of$6,631.90.This license fee is not in lieu of the gravel tax collected by the county,a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. Excavation License Page 4 --------------------------- VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City,its officers,and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow,in the sum of$5,000. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. aut–L&OG— �', I I l l a'? Amanda Bednar, Dated Environmental Coordinator or J n Diet_ Dated City of Elk River