7.1. SR 01-19-2021it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
January 19, 2021
Zack Carlton, Planning Manger
Item Description
Reviewed by
Conditional Use Permit: Aggregate Industries
Cal Portner, City Administrator
Reviewed by
Amending Permit to Add Parcels to Mineral
Excavation Area
Action Requested
Approve, by motion, the proposed amendment to Aggregate Industries
mineral extraction CUP which adds an additional parcel 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.
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2. A new mining license must be approved prior to commencing
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with mineral extraction activities in the new permit areas.
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Background/Discussion
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The applicant, Aggregate Industries, currently operates a mineral
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extraction operation north of Ranch Rd, east of the great northern trail,
-
and west of Proctor Rd. Within this area, the applicant proposes adding
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one formerly residential parcel, which was purchased by the applicant,
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to the approved mining area.
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The applicant's narrative notes that processes and practices for the
facility will remain the same as the past several years and does not
expect traffic to change significantly.
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Planning Commission
Prior to the Planning Commission meeting on December 22, 2020, the
Figure I
applicant withdrew their request to add Proctor Road to the approved
mining area. The applicant noted that while the request was removed at this
time, they may revisit the request soon
and hoped the city would support the request in the future.
The Commission asked about the closest home to the proposed mining area. The new mining area is
approximately 2,700 feet from the nearest residential home. However, there are large mining areas between the
current addition to the mining area and those same residential homes.
The Commission unanimously recommended approval of the CUP amendment.
The Elk River Vision P O I E R E U 9 Y
A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
Financial Impact
None
Mission/Policy/Goal
Support business growth and development.
Attachments
■ Planning Commission Packet dated December 22, 2020
N:\Public Bodies\Agenda Packets\01-19-2021\Final\7.1 sr Agg Industries CUP.docx
Request for Action
Ciry nf
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.
2. A new mining license must be approved prior to commencing
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.
Background/Discussion
The applicant, Aggregate Industries, currently operates a mineral
extraction operation generally north of Ranch Rd, east of the great
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
segment would also be regulated by a license agreement between
Aggregate Industries, Plaisted Companies, and the City of Elk River.
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 i
cR 33
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 I E I 11
A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATUREI
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:
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 nve 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 nith 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 mill not adversely affect essential public facilities and services including streets, police and fare
protection, drainage, refuse di posal, avater and sen er ystems, parks and schools; and avill not, in particular, create traffic
congestion or interference moth 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 213"' 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\Planting\Case Files\CUP\CU 20-21 Aggregate Industries\4-Planting Commission\4.1 sr Agg Industries CUP.docx
5. mill not involve uses, activities, processes, materials, equ pment and conditions of operation that will 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 co*ywab 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
V—Mmllk—
AGGREGATE
INDUSTRIES
AGGREGATE INDUSTRIES
ELK RIVER
Conditional Use Permit
Amendment Application
November 30, 2020
Aggregate Industries — Elk River Plant
12001 213' 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 1 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 2131h 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 determined 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 Eestler, 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 MPCA)
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.
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EXHIBIT 1
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
Unreclaimed
Acres Approved But
Not Active
Acres To Be
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
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by the City Council. A copy of the current Mineral Excavation Ordinance is
available upon request.
B. Additional Apl)rovals. 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.
III. 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 Study 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.
atu—L&OG-
Amanda Bednar,
Environmental Coordinator
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City of Elk River
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