6.4. SR 11-21-2005
Item 6.4.
MEMORANDUM
TO: Mayor and City Council
FROM: Rebecca Haug, Environmental Administrator
DATE: November 21, 2005
SUBJECT: Conditional Use Permit for Mineral Excavation by Kevin
Melandl P.H. CU 05-18
Request
Kevin Meland is requesting to mine 7.25 acres. Approximately 24,000 cubic yards of
material are proposed to be mined within two (2) years so a rezone and license are not
required. The Planning Commission reviewed this item at their October 25, 2005 meeting
and recommended approval.
Attachments
Below is a list of information on this issue. Please let staff know if you need additional
copies.
~ a vicinity map;
~ Certificate of Survey and project description map
~ Application for Conditional Use Permit for Mineral Excavation by Kevin Meland
dated September 20, 2005;
~ Letter of Approval from the Army Corps of Engineers
Issues
Traffic - The gravel mined from the site is proposed to be hauled off-site. The
applicant is working with Sherburne County Public Works on accessing County
Road 1.
Wetlands - The City Council is the Local Unit of Government charged with the
final decision regarding the Wedand Conservation Act (WCA).
The Technical Evaluation Panel, has reviewed wedand issues for compliance with
the WCA and is recommending approval under the "De Minimis" exemption of the
WCA for the operation.
Recommendation
Staff is recommending approval of this request under the following conditions. Kevin
Meland is in agreement with those conditions.
1. STAFF'S DECISION ON THE WCA IS NOT OVERTURNED ON AN
APPEAL.
2. MR. MELAND RECEIVES APPROVAL FROM SHERBURNE
COUNTY PUBLIC WORKS TO ACCESS COUNTY ROAD 1 FOR
HAULING.
3. ALL WORK IS COMPLETED WITHIN TWO (2) YEARS OF PROJECT
APPROVAL.
4. THE MAXIMUM DEPTH FOR THE PONDS IS SIX (6) FEET AND
SLOPES ARE A MAXIMUM OF 6 TO 1.
5. ALL SPOILS REMOVED FROM THE WETLAND ARE DEPOSITED
ON UPLAND AREAS.
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Case Number: CU 05-18
KEVIN MELAND
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APPLICATIONS WILL NOT BE ACCEPTED PR'IOR "to DEADLINE DATE
(See attached Planning Commission and City Council Meeting Schedule)
Case Number: eua.5 -/8"
Planning Department
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Land ~s~"Ap~licationF~r;" ...... ',.
eVlse eptem er ,
Application Type Fee Consultant Retainer
Administrative Subdivision $300.00 $500.00
Conditional Use Permit
Residential $30Q.QQ. ..$200.00
X Commercial/Industrial/Institutional (' $500"QO) <... $1,000.00 ~
Easement Vacation (Street, Drainal1:elUtilitv) $250.00 $300.00
General Planning Permit $100.00 No RecordinR Required
Interim Use Permit
Residential $300.00 $200.00
Commercial/Industrial $500.00 $1,000.00
Ordinance or Land Use Amendment $400.00
Plat
Pr $1,000.00 + $5 ea. add'! >50 $1,000.00
Final $200.00
Site Plan Review $300.00 $1,000.00
Subdivision Exemption $100.00
Variance or Appeal of Zoning Decision $200.00
Zone Change $400.00
RECORDING FEE (Applications wINo Retainer) $46.00
R . ciS
b 6 2005
Purpose of Fees and Retainers
Fees
The application fees that are charged are used for postage to mail the required notices to adjacent
properties, publication of the public hearing notice in the Elk River Star News, and for a small
portion of staff time for case review and preparation of documents.
Retainers
The City uses consultants for engineering, law, and environmental reviews. The retainer is used to
pay these consultants for review of land use cases. Once the retainer is used, the applicant or
responsible party will be billed for these services (see Agreement to Pay Costs of Review).
Property Information
Address: J;J..~:)-k 2::LIL...L'M<..f._ Rd.
Legal Description: (attach if necessary) i..o+-:J.- ~i.-K-.L *- ~-a.~c:.eJ tS
7.5:'-C,po6:J - 0/&7
Parcel Number: 75.(po (:; - (f;J // (;)
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Applicant Information
Name: K<.J ~'\f~ M~d-
Address:
ree
Phone (w): ~CS Fax:-'-"'"
I prefer that ~ePorts be sent y: ~FaxD
E-mail address:
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05?;~()
Zip Code
PhoneJ!-i): ~
E-mail!]j... (~ '
Signature:
Date: Cf..:J..o-OC;
9(ldR/&2
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Planning Land Use Application
Page 2
Owner Information
Name: ~iV\ '(Vle.-\-ati\.d E-mail address:
Address; . ~ Q \\1ft. C;~~ -~a
Street Gty Smte Zip Code
Phone (w): s.Af\.A ~. Fax: SA-/V'- S . PhoneJ!i): S'..}.sf\J'\. 7_
I pref., that my copy 0"_ repo,", beo~ A Moil 0 ,~ 0 E-mail~(Check one)~ ,_ .. '
Signature:. ~ '- Date: .9,-'"):-0 0 S
Billin~ Information (if different from either applicant or owner information)
Name: f\,
Street
Smte
Zip Code
Address:
Phone (w):
Signature:
C], dO~OS
Agreement to Pay Costs of Review:
It is the policy of the City of Elk River to require applicants for land use approvals and licenses to
reimburse the City for costs incurred by the City in reviewing and acting upon applications, so that
these costs are not borne by the taxpayers of the City. These costs include all of the City's out-of-
pocket costs for expenses, including the City's costs for review of the application by the City's
environmental Consultant, City Engineer, City Attorney, or other consultants, and may also include
a charge for extra staff time to process particularly complex applications.
The City will bill the applicant for these costs as they are incurred, and payment will be due within
thirty (30) days of mailing of the bill. If payment is not received as required by this by this
agreement, the City will suspend the application review process and may deny the application for
failure to comply with the requirements for processing the application. Payment for costs will be
required whether the application is granted or denied.
The undersigned has received the City's policy regarding the payment of costs of review,
understands that reimbursement to the City of costs incurred in reviewing the application will be
required as set forth in the policy, agrees to reimburse the City as required in the policy and make
payment when billed by the City, and agrees that the application may b(e denied for failure to
reimburse the City for costs as provided in theiZt10lic . /
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Signature: ( GL/ Date: ttl- 7--0-0 S
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S:\PLANNING\Forms\Application Forms\Application Form Revised 01 240S.doc
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Planning Land Use Application
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Submission Requirements
The City requires six (6) copies of all required drawings. DRAWINGS SHALL BE FOLDED, at
a scale no smaller than 1"=50', and no larger than 24"x36" in size. One (1) set of 11"x17"
reductions is also required. All required information must be submitted on the application date in
order for an application to be considered complete. Incomplete applications will not be
accepted/processed in accordance with MN Statutes Chapter 15
For all applications:
o Site Plan
o Labels for Property Owners within 350 feet of the Subject Parcel (Obtained from the
Sherburne County Auditor/Treasurer's Office; 13880 Highway 10 NW, Elk River 1-800-
438-0575 or 763/241-2594) * LABELS NOT REQUIRED FOR GENERAL PLANNING
PERMITS, SITE PLAN REVIEW, FINAL PLAT, OR SUBDIVISION EXEMPTIONS. ..
o All submitted hard copy graphics shall also be provided on a CD in . pdf format, no larger
than 11" x 17" at 300 dpi, unless waived by staff (floppy disks will not be accepted).
(SEE ATTACHED INFO REGARDING CAD DRAWING REQUIREMENTS)
For Administrative Subdivisions: (applies to subdivisions of four (4) or fewer lots on metes and
bounds property with no road construction required)
o Simple Plat
o Existing/proposed Right of Way
o Primary and Secondary Septic Locations
o Wetlands
o County Review Letter, if adjacent to County Road
For Lot Splits: (applies to two (2) lot split of Lot and Block property)
o Certificate of Survey
o County Review Letter, if adjacent to County Road
For Easement Vacations:
o Legal Description of Easement or Street to be Vacated
For Final Plats:
o Six (6) copies of the final plat plus one (1) 11 x 17 reduction
DOne (1) area map showing lot, outlot, and right of way areas by acreage
o Electronic form of final plat (see separate handout)
S:\PLANNING\Forms\Application Forms\Application Form Revised 0124 OS.doc
l
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
190 FIFTH STREET EAST
ST. PAUL MN 55101-1638
August 25, 2005
REPLY TO
ATTENTION OF
uperatlOns
Regulatory (2005-5066- YSB)
Mr. Kevin Meland
22826 Elk Lake Road
Elk River, MN 55330
Dear Mr. Meland:
This concerns your proposed construction of four wildlife ponds in an unnamed wetland
for the purpose of wildlife habitat. Approximately 24,000 cubic yards of material would be
excavated and trucked to an upland disposal site. The project is located in the NW ~ of Sec. 5,
T. 33 N., R. 26 W., Sherburne County, Minnesota.
The Corps of Engineers regards the use of mechanized earth-moving equipment to
conduct excavations in waters of the US, including most wetlands, as resulting in a discharge of
dredged material unless project specific evidence shows that the activity results in only
incidental fallback. Incidental fallback is the redeposit of small volumes of dredged material that
is incidental to excavation activity when such material falls back to substantially the same place
as the initial removal. Examples of incidental fallback include soil that is disturbed when dirt is
shoveled and the back-spill that comes off a bucket when such small volume of soil or dirt falls
into substantially the same place from which it was initially removed.
A Clean Water Act Section 404 permit is not required provided that all ofthe following
conditions would be met:
1. There will be no movement of material within the wetland, except for the excavation of
dredged material that is placed directly into trucks or deposited in an upland area by the
use of a backhoe or high hoe. While incidental fallback from the excavator is not a
regulated discharge, our jurisdiction may be triggered if there is excessive spillage
between the bucket and the truck or the bucket and the upland disposal area.
2. No other earth moving activities will occur in the wetland, including grading or
mechanized land clearing. These activities result in discharges of dredged or fill
material, which requires authorization by the Corps under the Clean Water Act (Corps
permit) prior to commencing the work.
3. None of the dredged material will be side cast or temporarily stockpiled within any
wetland areas. Sidecasting or stockpiling materials in jurisdictional wetlands requires a
Corps permit prior to commencing the work.
4. There will be no construction oftemporary access roads in wetlands or the use of mats to
support equipment in wetlands. These activities would constitute a discharge of
dredged or fill material and require a'Corps permit prior to commencing the work.
'\
CEMVP-Q P-R-2005-5066- YSB
5. There would be no bank shaping or placement of rip rap within the excavated area or
wetland limits. These activities would also constitute a discharge of dredged or fill
material and require a Corps permit prior to commencing the work.
6. There would be no construction of structures within the wetland that could have the
effect of fill, which may require a Corps permit prior to commencing the work.
Any activity that results in more than the incidental fallback of dredged material into a
water of the U.S. during the construction of the proposed action would require a Corps permit
under ~404 ofthe Clean Water Act. Section 301 ofthe Clean Water Act (33 U.S.C. ~1311)
prohibits discharges of dredged or fill material into Waters of the United States, including
wetlands, unless the work has been authorized by a Department of the Army permit under
section 404 (33 U.S.c. 1344). Violations of the Clean Water Act can result in administrative
penalties, civil penalties of up to $27,500 per day of violation, criminal fmes or imprisonment.
Restoration of the site to its pre-violation condition may also be required.
It is strongly recommended that the depth of the pond not exceed 3 feet and that one
larger pond be constructed in lieu of several smaller ponds.
Enclosed is an approved jurisdictional determination. The wetland areas on your project
site are part of the tributary system to the Mississippi River, a navigable water of the United
States. Those wetland areas are, therefore, within the Corps of Engineers regulatory authority
under the Clean Water Act. If you disagree with the enclosed jurisdictional determination, you
may appeal this decision. Please follow the directions in Section D of the enclosed Notification
of Administrative Appeal Options and Process and Request for Appeal
If any change in design, location, or purpose is contemplated, contact this office to avoid
doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS LETTER
DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER
AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL
RESOURCES OR COUNTY.
If you have any questions, please contact Ms. Yvonne Berner in our St. Paul District
Office at (651) 290-5365. In any correspondence or inquiries, please refer to the Regulatory
number shown above.
Sincerely,
Enclosure
(
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
. '""plicant. Kevin Meland IFile Number: 2005-5066 Date: August 25,2005
.ached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A. INITIAL PROFERRED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal
the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit.
. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections
must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the
future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of
your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit
should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
r T)ROFFERED PERMIT: You may accept or appeal the permit.
. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on
the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may
appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.
C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD.
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.
'\
2EMVP-OP-R (MVP-2005-5066- YSB) 1
~ECTION II - REQUEST FORAPPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
:fered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
mjections are addressed in the administrative record.)
\DDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
)fthe appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
tdministrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide
tdditional information to clarify the location of information that is already in the administrative record.
>OINT OF CONTACT FOR QUESTIONS OR INFORMATION.
fyou have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may also
)rocess you may contact: contact:
U.S. Army Corps of Engineers Division Engineer
Regulatory Branch c/o Martha S. Chieply, Appeal Review Office
190 East Fifth Street CEMVD
Saint Paul, MN 55101 P. O. Box 80
Telephone: 651-290-5365 Vicksburg, MS 39181-0080
Telephone (601) 634-5820
liGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to
:onduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
nvestigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
__6nature of appellant or agent.
:dition of August 2000. Previous editions obsolete.
Haug, Rebecca
From:
Sent:
To:
Subject:
Richard Corbin [Richard.Corbin@co.sherburne.mn.us]
Monday, October 24, 2005 3:26 PM
Rebecca Haug
Kevin Meland CUP
We have reviewed this proposal for black dirt mining and hauling via CSAH 1. The access to CSAH 1 is located on the
west side near a curve.
CSAH 1 is scheduled for reconstruction in 2006; due to this fact and the limited cubic yards of material being mined and
hauled we have no requirements.
Sight distance to the north for trucks leaving the site is marginal- approximately 700 feet; to the south it is adequate 1000
feet; for left turning trucks into the site it appears to be at least 600 feet. Using these numbers and calculating an
approach vehicle traveling 55 MPH the following should be true:
1000'
= 12.3 seconds
700' = 8.6 seconds
600' = 7.4 seconds
We recommend that the applicant create a plateau (on this access in the right of way) so that trucks entering the highway
are not pulling up the
incline. A permit is not required.
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