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7.2b SR 06-20-2023Request for Action To Item Number Ma Tor and CinT Council 7.2 b Agenda Section Meeting Date Prepared by Public Hearings June 20, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Waste Management — Elk River Landfill, LLC, 221 st Zack Carlton, Communi r Develo ment Director Avenue/22460 US Highway 169 Reviewed by Conditional Use PeYmit: Amendment to Include Cal PortneY, City Administrator Additional Property to Improve Stormwater Action Requested Approve, byT motion, the Conditional Use Permit �vith the follo`ving conditions: 1. The 2011 AgYeement for Issuance of Amended Conditional Use Permit shall be amended to allo`v the construction and use of a stoYmwateY pond on a parcel (75-104-1101) outside of the Solid Waste FacilityT (SWF) overlayT district. 2. There shall be no additional Municipal Solid Waste capacityT beyTond what was approved in 2011. Background/Discussion Case No. CU 23-09 - The Elk River Landfill (ERL) is requesting a Conditional Use PeYmit (CUP) to amend their e�sting CUP to incorpoYate appro�matelyT 20 additional acres of property, immediately to the south of the currently permitted landfill footprint The additional land provides no additional Municipal Solid Waste capacityT (landfill expansion) but will be used for improved/required stormwater management. Planning Commission During the public hearing, no one spoke for or against the request and staff has not received anyT comments since the commission meeting. The � � _ i CR 33 � 3 � RR z 1 Hwy 10 � �R �z �\ �,� 5�h'i �o �69 F��,�e i Planning Commission had no questions or concerns about the request and unanimousl�T recommended approval. Financial Impact None Mission/Policy/Goal ■ ResponsiblyT gro�v, Meet changing needs - Agile Attachments ■ Planning Commission Memo dated MayT 23, 2023 The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. PowEREo ar �I'1 �� Update�l• January 2023 Request for Action To Item Number Plannin Commission 4.2b Agenda Section Meeting Date Prepared by Public Hearings Ma�T 23, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Waste Management — Elk River Landfill, 11711 221st Zack Carlton, Communi r Develo ment DirectoY Ave. NW / 22460 US Hwy. 169 Reviewed by Conditional Use PeYmit Amendment to Include Suzanne Fischer, Environment Services/Special PYojects Additional Property to Improve Stormwater Director Mana ement, Case No. CU 23-09 Action Requested Recommend, byT motion, approval of the Conditional Use Permit with the follo`ving conditions: 1. The 2011 Agreement for Issuance of Amended Conditional Use Permit shall be amended to allow the construction and use of a stormwater pond on a parcel (75-104-1101) outside of the Solid Waste Facilityr (SWF� overlay district. 2. There shall be no additional Municipal Solid Waste capacityr beyond what was approved in 2011. Background/Discussion The Elk River Landfill (ERL) is requesting a Conditional Use Permit (CUP) to amend their e�sting CUP to incorporate appYoxirnatelyr 20 additional acres of propertyT, immediately to the south of the currently permitted landfill footprint The additional land provides no additional Municipal Solid Waste capacit�T (landfill expansion) but `vill be used for improved/required stormwater management. In oYder to process the CUP amendment, ERL also Yequested an ordinance amendment (OA 23-02) to allow for stormwater management features foY the landfill to be located outside of the SWF . • .. _ ` . I � CR 33 i ° ; z RR awy io �. �� CR 12 �,� �'�y ,o % 6y Figure I overla�T district The additional propert�T will allo`v ERL to construct one large stormwater basin to replace the currentlyT permitted design `vhich included two sedimentation basins and would have required a lift station. The modifications will allo�v surface flow of storm`vater management (eliminating the lift station). The previous design had stormwater discharge from the site under the exterior roadwayT, then under the city trail, and ultimatelyT to an upstream wetland on pYopeYtyr owned byr ERL. The modified design allows foY discharge directly west of the proposed pond to an existing low area, on propertyT also owned byT the Landfill, east of the trail, eliminating the need for the cit�T trail crossing. The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith � evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engageynent that encou�ages and ins�iz•es pro�pe�zty. row�REo ar �I'1 �� Update�l• January 2023 The pond includes perimeter grading modifications to the southern portion of the landfill within the previouslyT permitted pYopertyr boundaryr and incorpoYates a varietyr of tree types for screening purposes. This can be seen on the attached landscape plan. Applicable Regulation In approving a Conditional Use Permit, the Council mayT impose such specific conditions with regard to the development or opeYation of the pYoposed use as it consideYs necessary to satisfy the seven standards set foYth in section 30-654 and the requirements contained in this article and to promote compatibilityT with and minimize any potentially adveYse effects upon adjacent pYopeYties, the neighborhood, or the cityr. The issuance of a Conditional Use Permit can be ordered only if the use at the pYoposed location: 1. LVill not en�iingeT; injuze oT� detzz�nentally affect the use and enjoy7nent of othe��properfiy in the iln�nediate vicinity oz• the pul�lic health, safety, �no�als, coynfo�fi, convenience oz•general �elfare of the neighl�oThood o�� the city. With the expansion of the storm`vater pond only and no increase in capacityT of the landfill, the use `vill not endanger, injure or detrimentally affect the use and enjoyment of other propertyT in the immediate vicinityT or the public health, safety-, morals, comfort, convenience or general welfare of the neighborhood or the cit�T. Staff do not see a need to impose specific conditions to satisf�r this standard. 2. LVill be consistent �a�itb the co7npTebensive plan. The comprehensive plan guides the propertyT as IndustriaL The industrial use categoryT includes both heavyT and light industrial businesses such as manufacturing, �varehousing, and excavation. These uses are primarilyT located off of High��ay 169, Highway 10, and the BNSF Railroad which pYovide easy access foY the transferring of goods throughout the region. The use is consistent `vith the Comprehensive Plan. Staff do not see a need to impose specific conditions to satisfyT this standard. 3. LVill not ilnpede the noz7nal and oTdeT•ly developinent and i�npTovesnent of suy�ounding vacayatpTope�iy. The vacant parcels surrounding the subject parcel are engaged in mining activities with some large lot single familyr residential uses to the west The use will not impede the noYmal and oYderly development and improvement of surrounding vacant propertyT. Staff do not see a need to impose specific conditions to satisf�- this standard. 4. LVill I�e seTved adequately l�y and 2a�ill not adve�:sely affect essential pul�lic facilities and seTvices including streets, police and fi� e protection, dr•ainage, zefuse disposal, �a�ateT� and se2��er systelns, paTks and schools; and �a�ill not, in paT�fiicular•, cr�eate tTa�c congestion or inteT, feTence �a�ith t�a�c on adjacent and neighl�o�zngpublic thoToughfaTes. The expansion of the stormwater pond will not adverselyT affect essential public facilities. Staff do not see a need to impose specific conditions to satisfyT this standard. 5. LVill not involve uses, activities, pT ocesse�; lnate�zals, equ pinent and conditions of operation that �a�ill l�e det�zmental to any pe�:sons oT�propeT�y I�ecause of excessive tra�c, noise, s�noke, fu�nes, glare, odor:s, dust o�� vil�Tation.r. The storm`vater pond `vill not create excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Staff do not see a need to impose specific conditions to satisfy this standard. 6. LVill not �esult in the destTz�ction, loss o�� iilnage of a natuzal, scenic oT� histoTzc featuze of �najo�� i�npo��ance. The subject aYea is expected to be mined and will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisf�r this standard. 7. LVill fully colnply �a�ith all otber� requize�nents of this Code, including any applica��le �egui�elnents and stan�iiT�s fo�� tbe issuance of a license or�pez7nitto estal�lish and ope�ate thepzoposed use in tbe city. The use will fullyT compl�T with all other requirements of this Code, including an�T applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff do not see a need to impose specific conditions to satisfyT this standard. If denial of such a permit should occur, it shall accompanyT recommendations or determinations byT findings or a YepoYt stating hotiv the pYoposed use does not complyr with the standards set foYth in Section 30-654. Financial Impact None Mission/Policy/Goal ■ Responsibl�T grow ■ Meet changing needs - Agile Attachments ■ Location Map ■ Applicants Narrative & Supporting E�ibits ■ 2011 Agreement for Issuance of Amended Conditional Use Permit N.l ii; � : � 2-��8� -0003 ... ' --- - . ` f ' . � � � . - l, , a . , i� '' ' ' ` '�`� -f� r' � �, i •'.' t � � ' �.: � . � t /`_� 1U�1 11U`� �:�• 75-103—�100 �- �� l5 1U3 11U1 ' Zz f .;.; ' ' ` _�. �.' � • � � ��,'? +� � 1' 1 - .: • y. :.•y�• � �'� � � y � - o`r' -� 7 + l _ • �. , f� , �t-�' . � � � :• �,-, ','_ -�r� .�. II � '.� 'ti,t. ,x ' _ l5 103-1300� ; . , �,:�i..`--- �:� ".._ _ � � '• .\�� . . � . � � . �. . �� y� - � ' ' 75-103-2400:� !� � ' �?�' _'- _ _ � . t ,�; � .-- . ; .• ' ^; I �. - . � . � , , „/, `. j. - �,- � - . d 9, � ir c� � lJ � � ` '-t� —_ — , s -, . �. r fi � ��}*y � t. ' -- ,. � � .�• 1 'r � '� .. �1•� I T�� ....r � - �� ,p� � t `�� 1O:� 1 �1�O ' =- : ' y!"�- � � , �'� ., '` - •ly ',yt. ,�✓ .r►' � � �' , �'� �; - ..� ' � �' � � ,� - • �:, . " . • " �a : r � :• � _ . �, �4•, � y,l, � L' :., . . � 75-104=1101 , , � ' , t� ��, :;.75=103�'42j01� . ., Z . . . � �, . � � 1 `!,� '• ��'��'�!-� � � , • �� ;, �, , �, , , . r � `, '/, •� I ; , •` •'•,�'�a �M' '1 , � �' - � :�C 75-103�3200;.� � ..�� , �"'� �� '� `; , �. �� ,� Y � ci'� - � `'�� -� ` .�� . - � � . � . , * '' " ; . • � � 1 �, _�. � -- � ' r ^� ` �r�• , �•�, • •��' v�� fq� • ' � /( 1 . � �Y � �1 � �I � � . � �.. .t � � � � �}` � ' ' �, . , r i . � - .�►.,. .. Elk River Landfill Case No: OA 23-02 CU 23-09 "`Y°` � Conditional Use Permit ERiver CU 23-09 Narrative The additional 20-acres of property has been purchased by ERL from Tiller Corporation, now part of Marrin Marietta (Tiller). The property is currently used by Tiller for its gravel mining operation, as they retained mineral rights on the property per the terms of the purchase. As has been the practice at the existing Landfill, development of Landfill related components (in this case the proposed stormwater management infrastructure) will follow behind Tiller's mining operations. Tiller has an approved CUP from the City for their mining activity (including the 20-acre subject property). The additional property will allow for ERL to construct one large stormwater basin to replace the currendy permitted design which included two sedimentation basins and would have required a lift station to manage stormwater from the Landfill. The modifications will allow for graviry drainage for stormwater management (eliminating the lift station) and reduce the amount of controlled fill placement required for perimeter berm construction. For the previous design, stormwater discharge from the site was under the exterior roadway, then under the City of Elk River trail, and ultimately to an upstream wetland on property owned by ERL. The modified design allows for discharge directly west of the proposed pond to an existing low area, on pYoperty also owned by the Landfill, east of the trail (eliminaring the need for the City trail crossing). The proposed sedimentation pond includes settling basins at the east and west ends. A safety bench has been incorporated into the design and perimeter access for cleaning / maintenance activities has been considered. The proposed pond has been designed to provide flexibiliry depending on mining activities in the aYea. The bottom elevation of the pond will be at maximum an elevation of 964; the actual elevation may be 964 or lower depending on mining activities. The design presented herein represents the minimum storage capacity that would be provided and storm events that would be managed. Actual conditions following mining activities may provide for management of larger storm events by increasing the available storage capacity. See the attached "Conditional Use Permit Application" for additional details Application to the City of Elk River Elk River Landfill CUP and Ordinance Amendment for Stormwater Management Improvements April 2023 Prepared for: �� ,,1; �, , '�� o WASTE MANAGEMENT Elk River Landfill, Inc. Prepared by: Stantec Consulting Services Inc. One Carlson Parkway, Suite 100 Plymouth, MN 55447 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Table of Contents Table of Contents 1.0 INTRODUCTION ..........................................................................................................1.1 1.1 DESCRIPTION OF PROJECT ......................................................................................1.1 1.1.1 Landfill Development and Closure Construction ..........................................1.2 1.1.2 Landfill End Use ..........................................................................................1.2 2.0 APPLICATION REQUIREMENTS ................................................................................2.1 2.1 I NTRODUCTI ON ..........................................................................................................2.1 2.2 CONDITIONAL USE PERMIT REQUIREMENTS .........................................................2.1 2.3 APPLICATION FEE ......................................................................................................2.2 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 CONDITIONAL USE PERMIT ......................................................................................3.1 EXISTING CONDITIONS AND DEVELOPMENT PLAN ...............................................3.1 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY .............................................3.1 PROJECT NARRATIVE ...............................................................................................3.1 SITE, UTILITY, GRADING / DRAINAGE PLAN ............................................................3.2 LANDSCAPING PLAN .................................................................................................3.2 DRAINAGE CALCULATIONS ......................................................................................3.2 BUILDING ELEVATIONS / FLOOR PLANS ..................................................................3.2 WETLAND DELINEATION / WETLAND MITIGATION .................................................3.2 EAW/EIS REQUIREMENTS .........................................................................................3.3 CONDITIONAL USE PERMIT STANDARDS OF ISSUANCE .......................................3.3 FIGURES Figure 1 — Site Map Figure 2— Site Development Plan Figure 3— Grading and Drainage Plan LIST OF ATTACHMENTS Attachment 1 — Legal Description Attachment 2 — Landscaping Plan Attachment 3 — Existing Conditions Attachment 4 — Drainage Calculations �� PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Introduction � .o �� Elk River Landfill, Inc. (ERL), a wholly owned subsidiary of Waste Management of Minnesota, Inc., owns and operates a mixed municipal solid waste (MSW) landfill (Landfill) under Minnesota Solid Waste Permit Number SW-74. The Landfill is located along U.S. TH 169 in the NW '/4 of Section 3, T33N, R26W, and the SW '/4 of Section 34, T34N, R26W, Sherburne County, Minnesota (see Figure 1). Besides the construction and demolition debris (C&D) landfill immediately and adjacent to the north of the Landfill, the remainder of the existing property owned by ERL provides a buffer surrounding the Landfill. The Landfill is permitted to accept MSW, C&D, yard waste for composting, industrial waste in accordance with a MPCA-approved Industrial Solid Waste Management Plan, and processing facility rejects. ERL maintains a Solid Waste Facility (SWF) license and conditional use permits in accordance with City of Elk River (the City or City) requirements. ERL and the City entered into an agreement on May 25, 2011 for the expansion of the facility into an area referred to as the southern development area (SDA). Based on the agreement, a Land Use Application was submitted to the City of Elk River dated June 27, 2011. Subsequently, the application and an amended Conditional Use Permit (CUP) was approved by the Elk River City Council on September 19, 2011. The SWF license references the amended CUP, and the two documents authorize construction and operation of the currently permitted facility. ERL is proposing to revise the CUP to incorporate approximately 20 additional acres of property, immediately to the south of the currently permitted landfill footprint. The additional 20 acres provides no additional MSW capacity, but instead will be used for improved stormwater management. Concurrent to the proposed CUP revision, ERL is proposing an ordinance amendment to Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 10, Sec. 30-1834.(e) to allow for stormwater management features for the landfill to be located outside of the SWF solid waste facility overlay district boundary. A request for minor modification to the Landfill's MPCA Solid Waste permit (SW-74) will also be submitted to reflect the changes to the site grading and stormwater management features. 1.1 DESCRIPTION OF PROJECT The additional 20-acres of property has been purchased by ERL from Tiller Corporation, now part of Martin Marietta (Tiller). The property is currently used by Tiller for its gravel mining operation, as they retained mineral rights on the property per the terms of the purchase. As has been the practice at the existing Landfill, development of Landfill related components (in this case the proposed stormwater management infrastructure) will follow behind Tiller's mining operations. Tiller has an approved CUP from the City for their mining activity (including the 20-acre subject property). The additional property will allow for ERL to construct one large stormwater basin to replace the currently permitted design which included two sedimentation basins and would have required a lift station to manage stormwater from the Landfill. The modifications will allow for gravity drainage for stormwater �� 1.1 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Introduction management (eliminating the lift station) and reduce the amount of controlled fill placement required for perimeter berm construction. For the previous design, stormwater discharge from the site was under the exterior roadway, then under the City of Elk River trail, and ultimately to an upstream wetland on property owned by ERL. The modified design allows for discharge directly west of the proposed pond to an existing low area, on property also owned by the Landfill, east of the trail (eliminating the need for the City trail crossing). The proposed sedimentation pond includes settling basins at the east and west ends. A safety bench has been incorporated into the design and perimeter access for cleaning / maintenance activities has been considered. The proposed pond has been designed to provide flexibility depending on mining activities in the area. The bottom elevation of the pond will be at maximum an elevation of 964; the actual elevation may be 964 or lower depending on mining activities. The design presented herein represents the minimum storage capacity that would be provided and storm events that would be managed. Actual conditions following mining activities may provide for management of larger storm events by increasing the available storage capacity. Modifications to the stormwater management system features have allowed for a reduction in the width of the perimeter berm on the south termination of the MSW disposal area. Changes to the perimeter grading plan result in a reduction in fill materials required to complete construction / landfill development. Consistent with the previous design, stormwater generated from the southern portion of the Landfill will still be controlled and routed by drainage terraces, downslope structures, perimeter ditching, and related stormwater management infrastructure. Stormwater will be routed through these features to the proposed large stormwater basin. The modifications to the stormwater management system components on the Landfill will be incorporated during phased closure construction. The modifications to the Landfill discussed above will primarily be on the existing property permitted and approved for Landfill activities and will be addressed in a subsequent minor permit modification application to the MPCA. The current end use plan for the Landfill will not change and provides for open green space. Long term, the open space planned for the site would be compatible with any adjacent future use. The end use determined for the site will be consistent with the terms of previous agreements. �� 1.2 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Application Requirements _ � 2.1 INTRODUCTION The current Landfill footprint is located within a SWF — solid waste facility overlay district, but the 20-acres of property to the south is not. The additional property is zoned "Agricultural Conservation" and in a Mineral Excavation Overlay District. Although the proposed modifications are for stormwater management improvements, and do not allow for additional waste disposal capacity (the permitted waste limit will remain unchanged), Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 10, Sec. 30-1834.(e) currently restricts solid waste facilities, including all stormwater management facilities, to the SWF — solid waste facilities overlay district. The language in the following portion of the ordinance is proposed to be amended to allow for stormwater management facilities related to the SWF to be located outside of the SWF zoned area. Sec. 30-1834. (e). No solid waste facility, including any portion of a solid waste facility, any easements, water or air rights, all stormwater management facilities and all buffer areas or buffer zones required, needed or useful for the establishment and/or operation of the solid waste facility, with the exception of facilities necessary for monitoring the offsite impacts of the facility on ground and surface water, shall be located or operated in the city except in those areas of the city located within the SWF—Solid waste facilities overlay zoning district. In addition to the ordinance change request, this application is submitted to obtain a sanitary landfill CUP to incorporate the additional area into the property but manage the land under the current zoning designation without expanding the SWF. 2.2 CONDITIONAL USE PERMIT REQUIREMENTS The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 2. Administration and Enforcement, Subdivision III. Conditional Use Permits, governs the conditional use permit application requirements: Sec. 30-651. Application. (b) An application for a conditional use permit shall be filed with the director of planning on a form prescribed by the city. The application shall be accompanied bysuch plans and information as may be required by the city, including, without limitation: (1) A site plan drawn at scale showing all abutting lots, existing buildings, existing uses, utilities, curb cuts, and locations of trees having a diameter of six inches ormore. �� 2.1 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Application Requirements (2) A proposed development plan showing proposed ingress and egress to the property and proposed structures, yards, off-street parking and loading areas and where appropriate, plans for utilities, screening, buffering, landscape, lighting, signs and open space, and a development schedule. In addition to the information required by Code, the Conditional Use Permit application form requires the submission of the following information: • Application Fee • Full legal description of the subject property (in an editable word format) • A typewritten narrative explaining the request in detail • Site, Utility, Grading/Drainage Plan • Landscape Plan completed by registered landscape architect • Drainage Calculations • Building Elevations (not applicable) • Floor Plans (not applicable) • Wetland Delineation / Mitigation Plan (not applicable) • EAW/EIS Requirements • All other information as determined by City Staff 2.3 APPLICATION FEE The application fees are provided based on the fees itemized on each Application Form. The escrow is used to pay for City's consultants to review the land use applications. If the escrow is used, then the applicant will be billed for all additional services: Application Type Conditional Use Permit Ordinance Amendment Grand Total Fee Escrow $275 $1,000 $275 $1,000 Total $1,275 $1,275 $2,550 �� 2.2 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Conditional Use Permit ,� 3.1 EXISTING CONDITIONS AND DEVELOPMENT PLAN Per City Code, a site plan showing existing conditions is included in Attachment 3. The proposed development plan for the subject property is included as Figure 3. Development of the stormwater management pond within the subject property will take place as mining activities progress; the exact schedule is dependent on mining operations and soils obtained for Landfill operations and construction. 3.2 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY See Attachment 1. 3.3 PROJECT NARRATIVE A description of the project is provided in Section 1.1. The Conditional Use Permit application form requests additional information for a project narrative. The descriptions are itemized in italics below, followed by ERL's responses. Hours of operation No change is proposed to the current hours of operation. Number of employees The proposed changes will not impact the number of employees required at the landfill. Number of parking stalls (existing and additional) The Landfill employees park their vehicles at the sites' office building located on the north side of the existing Landfill. There are 20 parking stalls located at the office building site as well as ample room for parking in the yard area to the north of the building. No additional parking stalls are proposed as part of the stormwater management system improvements. Is there proposed screening of the site? The proposed Landscape/Screening plan is included in Attachment 2. The plan has been revised from the previously approved screening plan to accommodate the additional land area and grading modifications. Note that trees shown in the Landscape/Screening plan would be installed after waste filling activities in the adjacent landfill area have ceased and final cover construction is complete on the south side of the landfill. Proposed building materials �� 3.1 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Conditional Use Permit No buildings/structures are proposed as part of the stormwater management system improvements. Signage (how many, proposed sizes, locations, type) No new entrances are proposed for the Landfill and, therefore, new signage will not be required. Outdoor storage (what, how much, proposed screening) No outdoor storage is proposed on the additional property. 3.4 SITE, UTILITY, GRADING / DRAINAGE PLAN The grading and drainage plan for the 20-acre south pond area, including perimeter grading modifications to the southern portion of the Landfill within the previously permitted property boundary, is included as Figure 3. 3.5 LANDSCAPING PLAN The Landscaping/Screening plan for the 20-acre south pond area, including perimeter grading modifications to the southern portion of the Landfill within the previously permitted property boundary, is included in Attachment 2. The plan has been prepared by a registered landscape architect and incorporates a variety of tree types for screening purposes. As previously noted, the plantings shown will be established after final cover is in-place on the adjacent Landfill area. 3.6 DRAINAGE CALCULATIONS Drainage calculations are provided in Attachment 4. The final bottom elevation of the modified / expanded stormwater pond will be dependent on mining activities within the footprint. Based on the maximum bottom elevation of 964 as shown on the grading / drainage plan, the expanded pond will manage the required 25-year, 24-hour storm event as well as larger storm events (with minimal discharge). Discharge from larger events will be retained on ERL property. 3.7 BUILDING ELEVATIONS / FLOOR PLANS Not applicable. 3.8 WETLAND DELINEATION / WETLAND MITIGATION Not applicable. There are no wetlands on the subject property; the property has been and will continue to be mined for sand and gravel resources. �� 3.2 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Conditional Use Permit 3.9 EAW/EIS REQUIREMENTS The subject property was previously evaluated as part of a larger expanded Landfill footprint that required a mandatory Environmental Impact Statement (EIS) under the requirements of Minn. R. 4410.4400, subp. 13(E). The Draft and Final EIS for the expansion were previously provided to the City. The EIS was completed in 2005 and approved by the Minnesota Pollution Control Agency (MPCA) in 2006. The EIS findings concluded that environmental impacts would likely be minimal, or that adequate mitigation plans were in place to address potential impacts. The proposed stormwater management system improvements do not include any additional waste disposal areas, leachate management system infrastructure, gas system infrastructure, or other related Landfill components that could potentially impact groundwater, wetlands, or air quality, as evaluated in the EIS. 3.10 CONDITIONAL USE PERMIT STANDARDS OF ISSUANCE The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 2. Administration and Enforcement, Subdivision I I I. Conditional Use Permits, governs the issuance of conditional use permits and establishes the following required findings: Sec. 30-654. Standards for issuance. (a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the issuance of such a permit only if it finds that such use at the proposed location: (1) 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. (2) Will be consistent with the comprehensive plan. (3) Will not impede the normal and orderly development and improvement of surrounding vacant property. (4) Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal water and sewer systems, parks and schoo/s; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. (5) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, orvibrations. (6) Will not result in the destruction, /oss, or damage of a natural scenic or historic feature of major importance. (7) Will fully comply with all other requirements of this Code, including any �� 3.3 PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Conditional Use Permit applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. ERL has in place an approved sanitary landfill CUP and SWF license. The Landfill will continue to operate as it has in the past, in accordance with City's requirements. The proposed additional land acquired for stormwater management is consistent with the approved CUP for the existing Landfill. Current standards will continue to be met. The stormwater management improvements allow for additional ponding area and open green space. Use at the proposed location meets the requirements itemized above, as presented in this Conditional Use Permit Application document. �� 3.4 CONDITIONAL USE PERMIT APPLICATION TO THE CITY OF ELK RIVER ATTAC H M E N T 1 Legal Description �� LEGAL DESCRIPTION That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying south of the South line of the North 525.00 feet thereof, and lying west of U. S. Highway No. 169; and that part oi the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 feet thereof, and lying east of the former Great Northern Railroad, all lying south of the following described line: Beginning at the intersection of said South line of the North 525.00 feet with the West right of way line of said U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 feet of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 feet to intersect the easterly right of way line of said former Great Northern Railroad. And lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 feet with the West right of way line of said U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 feet of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 992.14 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2531.33 feet to intersect the easterly right of way line of said former Great Northern Railroad. CONDITIONAL USE PERMIT APPLICATION TO THE CITY OF ELK RIVER ATTAC H M E N T 2 Landscaping Plan �� i �I / ' '� / / � �� / �� "�._ i � � i . 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AR w � � � E _ �- _ oa�a�Es�aEo �aaow000M��3°,M�� , �o�Eso,�E�ARE�o. Q�E oAMA�Eo CONIFEROUSTREEPLHNTING eA Z[FNsn[ocanoe. LANDSCAPENOTES INSPECTIONANDACCEPTANCEeEM qAUE,HE�oqi�5ef PLANTING NOTES MAINTENANCE NOTES GUARANTEEAN�REPLACEMENTS u a� � �.. � N � 0 F a a w o H u �so snae� . m . CONDITIONAL USE PERMIT APPLICATION TO THE CITY OF ELK RIVER ATTAC H M E N T 3 Existing Conditions �� U Gl s s s s s s }� �'� s s . � _ _ . L = , �2Q o "° °p ,j6 `€ _t _ + + + + P..,;".E+�o� + + + � ------ :�i " —_— �. E.�s. � �wo� �� E.�s,�,� ��.a ,� W��o � � "--' _ _ _ _ _ _ �,��o � ,E,µ�E s��.�E ,... �,..� �e �a »�,E�E�W �o � � —°��- -- 0«sEo,�E. + +. +. � a �— � � _ -- cn�a.xcc ... w9 �.. ��E E�.w �_ �o ��a I �� _ � � — - ' I o - .cccss aom o 0 ---_ _i-_- _ — IIIIII � a �: . a.-,--r' _.T.—, i � � .�, � ' — - - - ' �.-:_.T._.• � ' ' � 1 i - + + + � i i+ i i ' ;+ +� � + � �a�„�� ' � r•�`.r -a- -•�• � ' i • � ; o I ; � P 9 -°� 9 1 • i • i • . 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E„ i o i �E�. 9 ± �E« z ' P ' • i + _ - i ' + I � - - •-• - '- p- ,• , o' , - - - �.�': , _ I + + i � - `a===----- — � � � _�_ � i - � —= i - o - L_'_'_'_'_'_"'_'_'_'_'J _""_' z ----------------- - � '- - -- � accss ao.o �� I - w -._ + a�+ � + + + 'J � , . � , � . . . . . , . o�-- �� - sr.�� R ��o � o� � CONDITIONAL USE PERMIT APPLICATION TO THE CITY OF ELK RIVER ATTAC H M E N T 4 Drainage Calculations �� J�C� n��'� To File: Elk River Landfill South Stormwater Pond From: Megan Ambuehl, PE Ethan Ketelsen, PE Date: April 21, 2023 Reference: South Stormwater Pond Re-Design; City of Elk River Application Memo Modifications to the stormwater management system for the southern portion of the MSW disposal area have been made to accommodate gravity drainage for stormwater management. The previous design included two sedimentation basins and would have required a lift station to manage stormwater from the landfill; discharge was under the exterior roadway, then under the City of Elk River trail, and ultimately to an upstream wetland on property owned by Waste Management. Consistent with the previous design, stormwater generated from the southern portion of the landfill will still be controlled and routed by drainage terraces, downslope structures, perimeter ditching, and related stormwater management infrastructure. Stormwater will be routed through these features to one large stormwater basin as shown on the attached subwatershed map. The proposed larger stormwater basin will allow for on-site control of stormwater, eliminating the trail crossing. The discharge point will be directly west of the proposed pond to an existing low area, on property owned by by the Landfill, east of the trail. HydroCAD stormwater modeling, using the SCS Curve Number method, was used to calculate run-off hydrographs for the final landfill configuration which assumes all landfill areas are closed with the final capping system. To determine surface water run-off for this analysis, the landfill area draining to the southern pond was divided into subwatersheds depending on the contributing drainage areas. Subwatershed areas are shown on the attached figure. Model inputs were consistent with the previously completed modeling for the site. Run-off curve numbers of 77, 80, and 98 were used for the landfill top, sides and ponded water in the sedimentation basin, respectively. Perimeter areas were assigned curve numbers of 55 (woods), 69 (fair grass cover), and 81 (developed urban industrial area) depending on existing or expected condition at the time of final closure of the current MSW disposal area. Time of concentration was computed within the HydroCAD model based on the characteristics of each subwatershed (i.e. hydraulic distance and slope). Peak flows from the subwatersheds were calculated for the 25-year and 100-yr 24-hr storm events based on NOAA Atlas 14 precipitation frequency estimates for the site. • 25-year, 24-hr = 5.19 inches • 100-year, 24-hr = 6.86 inches Runoff-calculations were used to size the various components of the surface water management system routing drainage to the south stormwater basin. Landfill development is in progress and currently Cell 20 Phase 3 is planned to be constructed in 2023. The drainage area contributing runoff to the pond will depend on waste filling activities and final cover construction; with the ultimate drainage area realized at the time of final closure of the currently permitted MSW disposal area. Prior modeling completed for the site included open channel flow within the landfill footprint. The re-design project modeling has incorporated a piping network. MPCA solid waste rules require management of the 25-year, 24-hr storm as the minimum design storm event. For the purposes of the southern pond re-design project, piping has been sized based on the 100-year, 24-hr storm event. Actual materials used for downslope structure or other infrastructure construction may vary; open channel flow or piping networks may be utilized for drainage. At minimum, the 25-year 24-hour storm event will be considered during construction level design/implementation. April 21, 2023 Elk River Landfill Page 2 of 2 Reference: South Stormwater Pond The southern stormwater basin was designed to provide flexibility depending on mining activities in the area. The maximum bottom elevation of the pond will be at an elevation of 964; the actual elevation may be 964 or lower. Modeling assumed a bottom elevation of 964 with two deeper settling basins at the east and west ends of the pond, as shown on the drainage map. A safety bench has been incorporated into the pond design and perimeter access for cleaning / maintenance activities has been considered. A 5:1 slope on the north side of the pond was implemented to visually change the slope and allow for additional landscaping. Based on site soils, it is anticipated that infiltration will take place within the pond footprint. However, to be conservative, no infiltration was assumed in the stormwater model. The stormwater basin includes an outlet culvert at an elevation of 967.5'. Since it is anticipated that infiltration will occur (onsite soils are HSG A/B soils) the outlet culvert will serve as an overflow mechanism, rather than a typical pond outlet structure. As another conservative design measure, the model assumes that run-off from a 25-year, 24-hr storm event is in the pond at the start of the modeled storm (�2.0 feet of water within the pond). If stormwater does discharge through the outlet culvert, stormwater would flow through the pipe to an existing wooded, low-lying area directly west of the pond footprint. The overflow elevation of this low-lying area is 969.5; the area was included in the modeling to confirm that discharge will remain on Landfill property for the design storm events. Incorporating the shallowest anticipated pond grades into the model, results indicate that the 25-yr and 100-yr storm events will be managed with no off-site discharge. The 100-yr event includes nominal discharge to the low-lying area onsite. Excavation below the grades shown would result in more ponding capacity and the capability to manage even more extreme storm events with no discharge from the Landfill property. A summary of the pond performance for the modeled storm events is included below: Storm Event 25-yr 100-yr Pond Peak Water Elev. 967.88 968.66 Pond Discharge (cfs) 0.00 0.34 Low Area Peak 968.58 969.34 Low Area Discharge (cfs) 0.00 0.00 Stantec Consulting Services Inc. Attachment: Subwatershed Map u:\2277058701technicallsouth_stormwater_pond\cup\attachment 4- drainage calculations\stormwater write-up.docx CONDITIONAL USE PERMIT APPLICATION TO THE CITY OF ELK RIVER FIGURES Figure 1 — Site Map Figure 2— Site Development Plan Figure 3— Grading and Drainage Plan �� Legend � ;� ; . �: ` t � �� i�� ,�� _.,,� �� ,�03� uoo3��3, Prev�ous Elk R'iver 4 K: � � . � � '` ��. y :�'%'," " � � ,�{, ' , Landfilleoundary i �...�4y 'r��' , ` � d ��.J'f �., • �` � I F .: • , � .�`. , � � Extended Landfill Property Boundary `' M `;1 . ; 'pt �3,�_ „�� p t ' • h; + � . �I" ^ Approximate Property Boundaries .. „ : � '� �: � �� - � yy%2 �� r yY � 1 ��. - � g .. 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''�. . � �� . � ,y ` ac" � , ; �� y, � � •�" � �, q�� i �.�.•�� . . . . r �h � �`' `V •. � �� . �� Figure 2- Site Development Plan Entire Site °� r�g.�,�� `��'• �� 6 - Aerial Photograph (Source: 2023 Stantec & 2022 Sherbume N � ; �+ � � � I � � � ' " 600 300 0 600 � + _ ' � i' : yy �' ''. Feet i . � . . y�±,�_. - .� . �� t.,�,' S rr, � Office of the County Recorder �herburne County, MN Doc. No.738894 Cert�fied, filed, andlor recorded an 1D12812fl11 1:30 PM heNe Ashe, Counly Recorder Sy Deputy Fees: $4+C . QO ��ea.� STATE OF MINNESOTA COUNTY OF SHERBURNE CITY QF ELK RIVER In the matter of: Aequest: Elk River I,andfill CITY �F ELK RiVER CITY CdUNCIL CONDITIONAL USE PROCEED�NGS Conditional Use Permit and Liccnsc fs�r Solid \�'aste Facilit}' Case No. CU 11-1? C?RDER GRAIVTING CONI?ITIONAL USE Waste Management, +Owner The abo�•e entitled matter came to bc hcarc� before tl�e Citt� C��3nci1 oi� the 19'th da3' of Septcmbc:r, '�011, on a petition for a Cc�nditional Lse pursuant to the Cat� o£ Elk River Zoning Qrdinance, fr�r the foflnwing described property: See A�taehed Agreement for Issuan�e af Amended Conditianal Use Permit - Exhibit A IT IS ORDERET� tE�at a Cc�r�ditional Use be granted as upon the follo�vin� conditions or reasons: See Attached Agreernent for Issuance of Amended Conditional Use Permit and 5olid Waste Pacility License Agreement D��TEI7 this 19rh day of September, 2011. STATE OF MINNESOTA ) ) COUNTY OF SHERBURNE ) ss. CITY O� ELK RIVER AND Z�NING ELK RIVER I, Je�em�� Barnhart, Plannic�� I11ana�er for the Cih' of F.1� Kit-er «�ith aixd an %r said Cit�-, �lo hereb}' certif}- that I l�a��e compared the fc�reg�in� co�y and Order granting ;� Coiiaitional LJse with the original record thcrcof preser�-cd in my office, anc� havE fc�urad the same to be a true transcript of t11e �vhole thereof. If thc proposed l��ork described in a conditional use pertnit l�as not been su�stantiall}' completed witlzin tw•c� (2) years after its d�tte of issuance, tl�e �iermiC sf�all expire and become void escept that �the C_ouncil may, follo��nng reccsmmer�datic�ns of the Planning Commission, estend tlie �crmit For an additi�nal �eric,d determined bp the co�tncil on the receipt �f a rec�uest for a permit extension �rior tc� its espiratioa�. .� Coz�diti�nal L:se permit authoriie� onlr the use specified in t��e permit and shall expise if, Eor an�� reason, the authori�ed use ceases f�r rr�ore chan si� (G) months. J m�= T3arc art Plancung I1-Ianager IN TESTFI�4�NY Iblinncsota, in tk�e C�unt}� ��Jf� /��7 Y'�' , 2011. n�,-��r�r-.n ��°: Cin- of �:ll� Ri��cr Elk; Ra<<er, i�linzaesota 5a330 4FFICE OF CITY PLANNING Si�ied i�efare me a NOTARY' PUBLiC r-h � . tk�is �� clay of :��1��`'rrr/;�C'` , ?011. � �-r�,�� ' �c�}I �P--.� � iiE60RAH itAY HUEBNEFi � NOTARY PUBiJC - MINNESOTA �. . My Commtssion'EacpGes Jan. 3�� 2p15 ��'H�:��:OF, I E�ave hereuntr_� subscribea my l�anc� at F,� Ri�:�er, of Sherburne, in the Cit}' of Lll: Ri��er, on the ,��% �ay of n:�departments�community developme�tlplanning�case fileslcup�cu 11-13 tiller�recording d�c.docx CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED �CONDITIONAL USE PERMIT THI� AGREEMENT, appraved on the I9th day of September, 2011 and ef�ective as provided herein, by and between the CITY 0�' ELK RIVEl�, a Minnesota municipal cflr�oration, (the "City"), and ELK RIVER LANDFILL, INC., a Minneso�a corpora�ion (the "Permitt�e"), which is a whoily owned subsidiary of Waste Management, Inc. a Delaware corporation, provides as follows: RECITALS WHEREAS, Permittee owns the real praperty described on Exhibit A attached hereto (the "Landfili 1'raperty"j, situated in the City of Elk River, and WHEREA�, permittee current�y operates a mixed municipal solid waste ("MSW"� Iandfill (the "Lar�d�ill") on a portion of the Lantlfili Property pursuant to an arnended condiiaonal use gertnit dated February 16, 20I0 {the "Existing CTJP"); ar�d WHEREAS, Permittee applied on 3une 27, 2011 for an am�ndment of the Existing {:UP to allow for a 31.8 acre expansion of the Landfill; and WHEREAS, the City of Elk River Planning Commission az�d City Councii have held hearings on the request ta amend �he Existing CUP, �t which hearings all citizens ofthe Ciiy af Elk River antl ather interested parties have been proper�y notified and have had the opportunity to be heard. NOVI�, THEREFORE, BE IT RESOLVED by the City Co�ncil of the City of Elk River, that Perrnittee is hereby granted an amended canditional use permit (the "Pernxit") for landfill and related operations on the Landfill Property, subject to ti�e terms, conditions and qualifications hereinafter stafie�, to wit: AGREEMENT 1.} Inco oraiion b Reference, The above Recitals are incozporated by reference. 2.) Scope and Canduct of Landfill Operations. The operation of a MSW Iandfill may be conducied on the Landfiil Property in conformance with existing statutory and regulatory authariiy and requirernents of the City, Sherburn.e County (the "Coun�y") and the Minz�esota Poll�tion Control Agency (the "MPCA"), and in accordance with the a�thorization, conditions and limitations contained in this Permit and 3n: (Ql) the ��rrent City Sc�lid Waste �acility ("SWF") License issued to 1'ermittee, as appraved on �eptember 19, 2011, anc� as subsequently amended or modified (the "City License"}; and (02) fhe cuz�rent MPCA Solid Waste Permit No. 74 {the "State License") issued to Perinittee; and (03) the current Caunty Solid Waste Landfill License {the "County License"} zssued to Permittee. 3.) Additional Expansion of Landfill _Prohibfted. This Permit authorizes the expansion of landfill activities onto 31.$ acres to allow an additiona127.2 acres of MSW iill area. By acce�ting and executing this Pertnit, Permittee agrees to comply with the design of ihe expansion approved herein, and Per�nitfiee agrees to forever waive its righi to pursue any further landfill expansian within tY�e City beyond the area describe izz Exhibit A hereto. 4.) Conditions A�reed To. This Permit i�nposes those conditions which ihe City has determined are reasonably necessary to fully mitigafe the adverse effects on the City of the Landfill and its expansion. By accepting and executing this Permit, Permittee agrees that the can�itions i�npased herein are necessary to fi�lly mitigate the adverse impacts of the Landfill and its �xpansion, and Permittee agrees to cornp�y with each of the conditioans set farth herein. S.} Ex ansion Fee. Pez-�xaittee shall pay to the City an expansion fee (Expansion Fee) of $3.33 �er ton ofMSW disposed ofat the LandFill frc�rn January i, 20I1 through June 3Q, 2Q15 and $5.00 per ton of M�W disposed of at the Landfill from July 1, 2015 tharough Decem�er 31, 2030, sT�e Expansion �ee shall not be paid on IVISW that is residue received from any energy and resource recovery facility with at least 85 percent efficiency or altemative daily eover approved pursuant to �he Pezmitt�e's Industrial Solid Waste Managemen� 1'lan. MSW witl�in this exernption is "Exemp� �1�fSW." All other MSW is "Non-Exempi MSW." The Expansion Fee applies to all Non-Exerript MSW disposed of at the Landf 11_ The parties' 2003 Host Communzty Agreement is rescinded. T'he Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied by an accurate report on the a�x�ount arid type of Non-Exempt MSW disposed of in the Landfill each day duxing the manth. The Expansion �ee due for each month shaIl be received by the City no later than the thirtieth (3�th) calendar day of ihe succeeding rnonth. CU_I1-]2 RH Pa�e 2 The parties agree that the Expansian Fee shall be the only fee charged by the City for the Non- E�empt MSW disposal at the Land#'ill. However, th� Landfill shail remain responsible for all other applicable ar�d customary fees, including building permit fees, zoning application fees, CUP applicafzon fees and eflst reimbursement requirements, SWF license fees and cost reimbursement requirementsa utility use fees, platting and subdivision fees, inc�uding park dedication and other fees incident to platting and subc�ivision, real estate taxes, special assessments fflr pubiic improvements and all other applicable fees. Any increase or decrease in the amount of the Expansion Fee rriusi be in writing and must be executed by Permittee and the City. The Expa.rision �ee revenues may be used by the City for any lawful p�hlic purpase, including �eneral fund purposes. The parties agree �hat the City has statutory authority to impose abatement fees on th� Landfill and has done so in the past. Hawever, that authority may be subject to legal challenge and is subject ta legislati�e scrutiny and alteration. Therefore, the City agrees, for so long as Permittee makes timely payment of the Expansion Fee, to waive its rights to irnpose such fEes and to accepi, in lieu thereof, the Expansion Fee described in this Agreement. Tf the City shall be required by law to eollect fram Fermittee an abatement fee or similar landfill fee in addition to the Expansion Fee, then the Expansion Fee d�e and owing to the �City shall be reduced by an amount equal to the arnount of such rec�uired abatement fee collecied by the City. The Expansion k'ee is in lieu of the statutory landfill abatement fee for the disposal of Non-Exempt MSW only. AIl other fees applicable to the Landfill {including building perzz�it fees, zoning application fees, CUP a�plicatian fees and cost reimbursement requiremen�s, SWF license fees and cost reimbr�'sement requirements, utiliiy use fees, planning and subdivision fees, zncluding park dedication and other fees incident ta platting and subdivision, reaI estate ta.xes, special assessments for pubiic improve�nents an�d all other applicable fees) shall rezxzain in effect and appiicab�e to the Lat�dfill. 6.} MPCA Permit. Permittee's current MPCA permit, SW-74, authorizes a 68.8-acre expansion of th.e Landfill. This Perrn.it vvill become invalid if �'ermittee h.as failed to submit by April 1, 2012 a MPCA pern�it amendment consistent with the scope Qf the expansion approved in this Permit. 7.) S�oge arid Conduct of Reia�Ed Opera�ians. (01 } Recvclin� Cen�er. This �ezmit authorizes a recycling center on the Landfill Property. The operation of a recycling center on the Land�ll Property rnay be conducted if zn conformance with all applicable terms and conditions of this Permit, subj�et tfl the following conditions: (a) The operation af the recycling center shali comply in all respects with aIl applicab�e requir�ments o�the Ci#y Code of Ordinances and all applicable federal, state and counry laws and regulatians. CU 11�-�2RH T'a�e 3 �b) The recycling center shall b� lacated and operated as shown on pl�ns submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided �hat Permittee's plan for handling additional materials and any changes ta the xecycking center shall first be approved in writing by the City. (c} The recycling center shall be operated by Permittee. Operation of the recycling center by a different apera�or shall require tl�e prior written approval of City staff, which wilI not be unreasonably vvithheId. Any different operator of the recycling center �nust comply vvith all af the �erms and conditions of this Permit. (d) Permittee shall place appropriate signage on the Landfill �'roperty to direct citizens to ihe location of the re�ycling centez. (e} Used oil recycling areas shall be within an enclosed builc�ing with an impernaeable floar arid containment area, as appraved by City sta�f. (� Battery starage shall be within an enclosed buildin� with an impermeable flooz' and containment area suitable for bat�ery acid, as approved by City staff. (g) Battery, paper and oil storage areas shall be separated to red�ce fi�e potential, as approved by the City Fire Chief. {}�) 1'ermittee shall have a regular schedule for appliance pick-up, to be approved by City staff. (Q2) Yard Waste Conn astin . This Penmit authorizes a yard waste composting operation on the Landfill Property. The operation af a yard waste eomposting facility on the Landfill Pra�erty within the City Iimits may be conducted if in conform�ce r�ith ail applicable terfns and conditions of this Perrnit, subject to the foilowing canditions: {a} The �peration of the yard vvaste composting facflity shall coz�gly in all respects with all applicable requirements of the City Code of Ordinances and all applieable federal, state and county laws and regulations. (b} The yard waste composting facility shall be lacated and operated as sho�vvn on plar�.s submitted by Per�aittee and approved by City staff. (c) AlI plastics shall be removed fronra yard waste brought to the facility before composting. {d) All MSW must be im�mediately removed from yard waste ar�d landfil�ed.. {e} The yard waste camposting facility must be operated in such a manner as to keep adors to a minimum. If odor becomes a problern, then City staff may require mare CU 11-12 RI-I Page 4 frequeni t�izning of compost piles ancUor watering to ensure that the compast remains aerobic and breaks dawn as quic�Cly as possible. (� The rziaximurn amount of yard waste which nlay be accegted is 10a,000 cubic yards per year, uz�less the City Council amends this Permit to provide otherwise. (g) Positive drainage away fz-nm the campost area must be implerriented, as approved by City staff. (h} Yaard waste and /or comp�st may noi be use�i as daily cover for the Landfill. (i) That Fermitte� is in str�ct campiiance with all other terrr�s, conditians and requirements of this Condition� Use Permit, including speci�caily, b�t not limi�ed to, the operational and environmentai monitaring requirements of this Permit and the requirements to make prompt payment of all fees and costs due to the City. No yard waste rr�ay be accepted at the yard waste composting facility if this conditian is not complied with. Perrr�ittee must immediately stop accepting yard waste upon written notice from �he City that there is a viola�ron of this eondition. (43) Methane Gas Plant. Tlxis Permit authorizes a second methane gas plant on the Landfill Property. Develapment of such a second plant shall be subject to approval by the City Council through amendment of tiie City Licez�se for the Landfill. Permittee, the �ity, and Elk River Municipal Utilities agree to negotiate in good faith with each ather regardin� the development, owz�ership an.d operation of a second methane gas plant. (04) Hausehald Hazardous Waste HFi Dro -a�f Facili . This Permi� authorizes a HHW drop-off facility on the Landfill l'roperty. Deveioprz�ent of such a facility shall be subject to approval by ihe City Council throug� amendment of the City Li�ense for the Landfill. Permittee, the City, and County agree to negotiate ir� good faith with each �ther regarding the development, ownership and operation af such a facility. (OS) Othex Related O erations. Other than government-directed corzective actions, or environmental enhancements to landfill operatians autho�ized in the City License or an amendment thereto, no ot�er operations or activities, whether ar not related to Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first aznended to specifically allow such operatians and to specify the applicable conditions, except mining activities or other operations licensed or permitted separately by City. 8.) Bufferin� and Screenin� Except for monitoring wells or necessary stormwater infrastructure in iocations specifically appraved in the City License,the Landfill and all infrastructure and activities related to the landfill operations lacated within the �ity, including a 200-faot buffer, shall be located within the Landfill Property. Visual screening af the Landfill (except for the berm along 2215t Avenue) shall oceur within the 200-foot buffer, which must be fully vegetated vvith a variety of types of trees as approved by City Staff. Permittee shall submiit far City Staff appz�avai a screening plan for each cell, beginning vvith Cell 17, priar to the start of construction on the next celi. Constructian of th:e subsequent cell shall not begin unti� the CU 11-12 AH Page 5 s�reen�ng plan for the prior cell is approved. In adc�ition, a screened berm along 221 st A�enue shall be znstalled in compliance with the Tiller CUP apprpved August 15, 20I 1, in Case No. CU 1 �-13. 9.) Maxinnum Elevation. The ent�re Landfiil shatl have a fina] elevation of no mare than i,124 feet above MSL, including �nal cover. 10,) Closure. Permdttee shall permanentiy stap accepting waste for disposal in the Landfill, and close lar�dfill operaiians within the City to the public, no later tk�an December 3 I, 2030, No waste shal! be dzsposed of at the Landfill within the City af�er that date, or when the airspace capacity permitted in tY�is Permit is reached, whiche�er occurs first. Closure canstruc�ion, including the completion af �nal cover, shall be comp�eted by December 3 i, 2031, unless the City approves an a�nendment to the City License allowing a later completion date for closure constructian for the northerr�nost celi of the Landfill. Within six (6) rnoa�ths of a written demand by the City, and in no event later than the d'ate prajected for cessation of waste dispasal, Permitte� shafl submit to the City for approval an upciated Closure and Post-clasure Plan for the Landfill. Permittee s�aall Fnaintain in fu�l force artd effect aIl financial assurance required to be maintained by City, county, state and fe�erai �aw in order to assurE cornpleiion, closure and post-closure care and maint�nance of the Landfill as required by law. I 1.} End Use Plan. Prior #o closure oF the Landfill, City and Permittee will attempt in good faith to mutually deter�nine an appropriate end use �ar the portion of the Landfil� within City and decide wheiher an end use plan will be required to implement this use. In the interim, Permittee will establish and xnaintain sustainec� vegetative growth and adequate ve�etatian cover upon the ciosure of each phase of fhe LandfilL This Permit does not obiigate the Pern�ittee to apply for or City to approve of a paz-ticular end use p�an. 12.} Restrictive Coven,ant, A restrictive covenant shall be placed on those portions of the Landf 11 Property which Permittee is acq�iring for this expansion, except for thos� areas that would become availa%le under the approvals referenced in this Perznit for the disposa� of M�W. The restricted area would. consist ofthe non-dispasal areas including, a�nang other areas, the buffer areas and any sedimentation ponds. The restrictive covenant will prevent the future use of the subject areas for the disposal of waste under any circurnstances. 13.) Public Access to Western Trail. Subject to the appropriate agreearz�ents from Township and Couniy, Permittee agrees to aflow pubiic access on the trail through the old raiiroad path an its property immediately north of the Gity's Iimits (in Township), as needed to connect the trail west of its property in the City to a future path north of the City. In addition, Permittee agrees ta work in good faith with the City regarding a poteniial future connection between tk�e existing trail oan the old raiProad patn imrnediately west of the Landfiil Property to existang trails fizrther west, at no m�ierial cost to Permittee. In return, City agrees to issue to Permittee the necessary easement for the sto�nwater infrastructure across the trail 14.} O erationaI Re uirements. Operation of the Landfill sha�l be governed by the City License. The requirexnents af the City License (inclu�ing any amendment or modifications thereto) are hereby incorporated in�o this Pe�nit as necessary conditions and failure to comply CU_11-]z RH Page b with the canditions and requirements of the City License shall be ca�se for revocation of this Permit. 15.) Ins�rance and Bandin�. Permittee shall provide such insurance, including workers eompensari�n insurance, and bon�ing as required in the City License. 16.) A licabilit af Conditional Use Permit. Except as specifically provided otherwise in this Permit, this Permit shall appiy to the prop�rt� described on Exhibit A ttached hezeto. This Permit shall nan with the real property and apply to Permittee and its successors and assigns. 17.) Perrnit Period. (O1) This Permit shall not become effective until: (a) Permittee has provided City with written documenta�ion of Permittee's ownership interest in all of the real property described on Exhibit A, attached hereto; (b) Permittee has executed this Agreement for Issuance of Amended Conditional Use Permit; and (c) Per�nittee k�as exec�ted a stigulation for dismissal of the case filed in Sherburne County District Court, now known as ERL �; the Appe�lants have withdrawn iheir appeals to the Minnesota Court of Appeals in the matters known at ERL I, II a.nd N, and all parties to the ERL I, II, I.11 and Nlitigaiian have e�ecuied mutuaZ releases of all claims arising £�`om tha� litigation. (02) Once effective, this Permit shall be in farce and effect for so lang as the conditions set forth herein are camplied wiih, unless and untii suspended or revoked as pravided herein. (43) Until this Permit becomes effective, tne Existing CUP far the Landfill shall remain in effeci and no Landfill activities shal� be permitted on any land noi covered by the Existing CUP. Tne Existing CUP shall automatically terminate an the date that this Permit becornes effective. 1$.) Violation of Conditions. If ti�e Permittee or its successar5 or assigns violates any ter�n or condition impased by this Permit, or any soIid waste facilities license issued for apexation of the Landiill, this Permit may be re�oked ar�d terminated. Without iimiting the �oregcing, the vialatian of any statute, reg�zlation, ordinance, permit or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination Qf this Conditional Use Permit. The cha.r�.ge, alteration, or amendrnent of any such statute, regulation, ordinance, perznit or license condiiion by any goveFnmental authority other tnan the City shall nat excuse the �'ern�.ittee from corz�pliance with statutes, regulations, or�inances, permii or license conditions in e�'fect on the date of the ariginal issuance of this Permit, unIess compliance is waived ar excused by the City Council. The City shall not unreasonably refuse to wai�e ar excuse compliance with existing per�z�it ar license conditions. CU_tt-tz RF1 Page 7 19.) Documents Re orts ar�d Ma s. Electronic copies of all of Permittee's transmittals to the MPCA or to the County regarding the Landiill shall aiso be supplied to �I�e City at the same time, 20.} Char�es and Fees. Permittee agrees to pay ta the City the City's reasonable costs incurred in the future for administering, enforcing, madi�ying and amending this Permit, as %llaws: (O1) Perx�ittee shall pay on� hundred percent (100%} pf the City's cosis for processing renewals, amendments or proposed amendments to this Permit; and (02} Pern�i�ee shali pay one hundred. percent (100%) of the City's costs for ac�rninistering and enforcing the tez�x�.s of this �'ermit, including costs for reviewing Permittee's corrzpliance wi�h the terms and conditions of this Permit, cosis for bringing �ermittee into compliance with the terins and conditions of this Pe�nit (incluc�in� legal costsj; and City costs incurred for review of Permittee initiated requests such as "co-disposal" appz-ovals, etc. {fl3) Perrnittee and the Czty agree that, on azx annual basis, they wzli wark tagether to establish an annual budget reflecting, for the upcoming year, bot� (A} anticipated renewals, amendments or proposec� ar�endments to this Permit oz ta the City License, and pther antFcipated occasions for the adminzstration ar enforcement of the terms of the Perrnit or the City License, and (B) the anticipated costs to the City that would arise from those activities. Permittee agrees to maintain an escrow far the budge�ed year based upon that budget. Both the badg�ted amount, �nd the size of the escrow, are subject �o chan�e based on circumstances that were not anticipated by tYze parties at the time of budgeting, including but not limited to the costs of responding to incidents, or otherwise by agreerz�ent of the parties. 21.) On-�ite Inspection. The City may inspect the Landfill Sit�, far the purpases of examining and copying nonconfidential records; conducting inspectians, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining ta the constrizc�ion, operation, and en�vironmental ef%et of the disposal facility, controI equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency, City personnel or agents performing the inspection will zzotify personnel at the landfili office at the time of inspection. Permittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of erraergency. The City shall be notif�ed by Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the disco�ery, reiease or spill of the hazardous or dangerous materials, as defned in tkae City of Elk River Salid Waste Ord�nance, at the Landfill; and of any �iola�ions of the conditions of this Permit. Ti�e speci�c requirements for how, �hen and wha to notify at ihe City sk�all be set farth in a separaie letter from City staff ta Permittee. This letter may be revised ar supplemen�ed by City staff fro�. ti�ne to time as necessary to address the City's needs �ar notification. 22.) Inderr�nity. Permittee shalI indemnify, defend, and hold the City hazmless from aIl claims, demands, and/or ac�ions, legal ar�c�/or equitabie arising from the aperation of the Land�ll. In the event that such c�aim, demand, or action arises from the negligence of the City, the� Perm.ittee's indemnificaiion obligation shail be reduced in proportion to the City's negligence as dete�nined CU_11-12 RHI Page $ by a trier of fact. Nothing in this �r�vision shall cons�itute a waiver of defenses or irn�r�unities of Permittee oz tY�e City, or create any duty to an� third party. . 23.) Ri h�t to Req�ire Performance. The failure of the City, at any time, to require performance by Permittee of any pravisions hereof shali in no way affect the right of t�e City thereafter to enforce the same. Nor shall waiver by the City of any bz-each af any of the pravisions hereof be taken or held to be a waiver of any s�cceeding breach of such provision or as a waiver of any provision itself. 24.} Severability. If any provision of this Permit shall be declared void or unenforceable, the �ther provisions shal� no� be affected, b�t sha�l reanair� in fuIl farce and effect. 25.) Arnendment. This Permit shall not be considered modified, altered, changed, or arnended in any respect unless approved by the City Couz�cii as required by City Ordinance. 26.} Conflicts. In aziy �ases in which Perrnittee believes there is an irreconcilable conflict betweer� the requirements of this Permit and laws, rules, regulations, or order of any other gavernmental authority, Permittee shall promptly notify the City of such irreconcilable conflict and reques# an amendment of tl�is Permit. Until such tirne as the City acts upon a request for an amendment to this Permit, which it may grant or deny in its soIe discretion, the terms of this Permit shall govern all operatioms at the Landfill Site and shall prevail over the provisions of any doc�rrient submitted by the Perfnit Holder and any requarements of state for federal law. The City shall not unreasonably refuse io amend this Permit oz waive cornpliance with this Pernlit in order to prevent violation of the law. 27.) Modification Sus ension ar RevQcation of Penrz►i�. The �iolation af any of the terms af this Permit may result in suspension oz z'evacation herea� Furthermare, thE City specifica�ly reserves the right, and Fennit�ee agrees, tY�at this Permit may be amended, suspended, or arevoked by the City as reasonably req�ired to protect the public health, safety, welfare, azad the e�nvironment. Specificaily, but without limiting the foregoing, the �ity may amend, suspend, or revoke this Perfnit, whenever any reliable infarrnation is secured from a recognized source which demonstrates that the continued operation of the Landfill places �he public health, s�ety, welfare, or the environment in jeopardy. Such information includes, but is not limited to ihe fo�lowing: (O 1} A deterrr�ination that the leachate generated at the Landfill is Fnigrating to surface or ground waters in a way that threatens the public heal�h, safety, or general welfare (other than as indicated in t�e permit application). (02) A determination that recommen.ded heaith advisory le�els or intervention ievels for drinking water (whetY�er prozn�tgated as of the date af this Permit or at a Iatez date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any ather govermmental agency pr�mulgating standards for taxic wastes, hazardous wastes, pallutants, or cantaminants in ground waters or surface waters) are beang violated as a result of Land�'ill operations (othez than as indicated in the pez`mit appIication}. CU t�-1� gH Page 9 {03) A detezznination that the emission of land�'ill gas on or adjacent ta the Landfill Property is creating or threaiens ia create a health or safety hazard to the cammunity. WitYto�t �imiting the �'ar�aing, the City reserves the righi to annend tl�s Permit to impose upon Permittee the obligatian to comply with any state or federal law or reguIation relating to the operation of sanitary landf�lls, whether or not said laWs or regulations apply by their terms to preexisting landfilis. Suspension, revocation or amendzzient of this Permit may be ordered only after a public hea.�'ing on s�ach suspension, revocation or amendment, preceded by thirty (30) days' written notice to Pezmittee. Notice of hearing shall incle�de a siatement o� the proposed acfion by the City and the reasons therefore. � THE CITY OF ELK RIVER: � - B�� 'r . ] J, D' tz " �: Its: Mayor ELK RIVER LANDFiLL, INC. By: �,�� , _� i � �f.�'�_�, _ Mike Flemizzg Its: Vice President ATTEST: 1 /'� � By.�---'` � L! Tina Allard r�s: City Clerk CU_t t-� 2 RH Page 10 STATE �F MINNESOTA COUNTY OF SHERBURNE ) ) ss, ) �� c, �� The foregoing instrument was acknowledged before me this � day of -.�3-�� '�7 ��-�� 201 l, by John J. Dietz, the Mayor of the City of Elk Ri�ver, on behalf of the City o� E k River. �_J� n��. �: �1 Notary Public STATE �F NSINNESOTA COUNTY OF SHERBURNE ) � 53. � (�:4� The foregoing instrument was acknowledged before me this �/' �3ay of -� `�` ��"�""! �_ 2011, by Tina Allard, the City Clerk of tY�e City of Elk River, on behalf of the City of lk River. �I ��i - � �. � �� -a Notary Public , 1ti �`�(..(1�S(�` STATE QF ) 1��tt�rv�-�� } ss. C�UNTY OF� ) The foregoing instrument was acknowledged before C�,� -'r� , 2011, by Mike Fleming, Vice �resident, Minnesota corporation, on behalf af the corporation. me this �� day of. Elk R.iver La.ndfill, Inc., a `, ,�` , -, � 1'1�� l r----.__" .' NOfc`i.ijr �U�J�1C THIS INSTRUMENT WAS DRA�`TED BY: Gray, Plant, Mooty, Mooty & Bennett S00 IDS Center 80 Sou#h SthStreet Miru�eapolis, Minnesota SS402 CU 11-1zRH Page 1] Briggs & Morgan 220� IDS Center 80 South Sth Stree� Minneapo�zs, Minnesota 55402 CU_11-12 RI-� I�age 12 EXHISIT A That part of the NW '/4 of Section 3, Township 33, Range 261ying west of U.S. Highway Ib9; and That part of th� SW i/4 0�' Sectian 3, Tawnship 33, Range 26 lying west of U.S. Highway 169 and north of a line 525 feet south of and pa.ra11e1 to the north line of said SW'/�; and That part of tk�e NE'/4 of Sectian 4, Township 33, �ange 261ying east of the Great Narthern Railvvay; and That part of �he SE �/4 of 5ection 4, Township 33, Range 2b lying east af`the Great Northern Railway and north of a line 525 feet south of and parallel to the narth line of said SE lla, �herbtzrne Caunty, Minnesota; and Tha# part of the Soufhwest Quart�r of Section 3, T4vvn.ship 33, Range 2b, Sherburne County, MN lying south of the SQuih line af tYae North 525.00 ft, thereof, and lying west of U.S. Highway No. 169; and that part af the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Aange 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Ra�lroad, al� lying north of the fQllowing described line: Beginning at the intersection of said 'South �ine of the North 525.00 ft. with the West right of way line ot'U.S. Highway No. 169; thence South 07 dEgrees 30 minutes 44 seconds East, assuming said South line of the North 525.04 ft. of said South.west Quarter bears South 84 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 rn�nutes 00 seconds West, a distance of 2394.$0 ft. to intersect the easterly right of way Iine of said former Great Northern Railroad. EXCEPT that part lying southeasteriy of a 2$5.00 �oot radius curve, concave to the northwest, and tangent to said West right of way Iine of said U.S. Highway No. � 69 ar�d the ahove described line; AND E}�CEPT that part lying southwesterly of a 280.00 foat radius curve, concave to the northeast, and tangent to said easterly right of way line of said iFormer Great 1`�iortY�enn Railroad and the above described line. 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