6.4. SR 04-17-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin IEn . eerin 4 117 I 06
Item Description
Re uest to Amend Midwest As CUP
Item Number
6.4
Prepared by
Rebecca Hau , Environmental Admin
Reviewed by
Introduction
Midwest Asphalt Corp is requesting a conditional use permit to continue extraction of sand and gravel
from their Elk River facility located at 12168 221 st Ave NW. Midwest Asphalt Corp has been operating
under a CUP that was issued in 1981. However, the CUP had an expiration date of 20 years so they have
been operating without a CUP for the past five years. This was an oversight by both staff and Midwest
Asphalt up until this year. They plan to continue mining to provide aggregate products to be used for
unpaved road maintenance, highway base projects, the making of Hot Mix Asphalt, the making of
concrete for various construction projects in the area. The site was included in the City of Elk River's
1994 Environmental Impact Statement (EIS) on Mineral Excavation and the processes and practices will
stay consistent with those in the EIS.
Discussion
Issues with this application include:
.:. Matt Ledvina, City's Environmental Consultant listed items in his memo dated March 27,2006.
Midwest Asphalt responded to those issues in their memo dated April 4, 2006 and have
submitted the required documents.
.:. Cliff Anderson, Fire Inspector commented on April 5, 2006 regarding fuel tank storage. The
applicant responded to the comment and it is attached.
.:. Rick Heuring, GRE commented on April 7, 2006 about the proximity the mining is to their
electric power poles and request a 25 foot undisturbed buffer between the poles and any mining
activities. Also, the applicant must provide an access ramp to each power pole being at least 20
feet wide and a maximum slope of 5 horizontal to 1 vertical along the longitudinal profile of the
ramp. As well as, a minimum of 15 feet of separation between highest points of all motorized
and non-motorized equipment and the electrical conductors and protect and repair the easterly
slope of the existing mining area. The applicant has agreed to these conditions
.:. Setbacks - Normal mining setbacks (50 feet from property line) are proposed. The Planning
Commission recommended staff work with Midwest Asphalt Corp to increase the setback along
the western property line to 200 feet. Midwest Asphalt Corp will be providing a map at the
meeting showing the areas they are willing to provide a 200 foot buffer along the western
property line
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\REQUEST COUNCIL ACTION-midwest.doc
Financial Impact
N/A
Attachments
)P> A Conditional Use Permit (CUP)
)P> Applicants application for a CUP
)P> Letter from Matt Ledvina, City's Environmental Consultant
)P> Letter from Cliff Anderson, City of Elk River Fire Chief
)P> Letter from Rick Heuring, GRE
)P> a vicinity map;
)P> Property boundary map
)P> Operation Plan map
Action Requested
Staff is recommending approval of this request under the conditions contained in the attached
conditional use permit. Representatives from Midwest Asphalt Corp are in agreement with the
conditions and will be present to address any questions.
Council Action
Motion by _
Second by _
Vote
Follow Up
C: \Documents and Settings \jmiller\Local Settings \ Temporary Internet Files\ OLK3E\REQUEST COUNCIL ACTION-midwest.doc
HL[ COP'
ITEM # 5. 1.
MEMORANDUM
FROM:
Planning Commission
Rebecca Haug, Environmental Administrator t ~
TO:
DATE:
April 11, 2006
SUBJECT:
Amend Conditional Use Permit for Mineral Excavation by
Midwest Asphalt Corp. CU 06-04
Request: Midwest Asphalt Corp is requesting a conditional use permit to continue
extraction of sand and gravel from their Elk River facility located at 12168 221 st Ave NW.
Midwest Asphalt Corp has been operating under a CUP that was issued in 1981. However,
the CUP had an expiration date of 20 years so they have been operating without a CUP for
the past five years. 1bis was an oversight by both staff and Midwest Asphalt up until this
year. They plan to continue mining to provide aggregate products to be used for unpaved
road maintenance, highway base projects, the tn~ king of Hot Mix Asphalt, the making of
concrete for various construction projects in the area. The site was included in the City of
Elk River's 1994 Enviroiunental Impact Statement (ElS) on Mineral Excavation and the
processes and practices will stay consistent with those in the ElS.
Attachments: Below is a list of items included in your packet. Please let staff know if you
need additional copies.
)0> A Conditional Use Permit (CUP)
)0> Applicants application for a CUP
)0> Letter from Matt Ledvina, City's Environmental Consultant
)0> Letter from Cliff Anderson, City of Elk River Fire Chief
)0> a vicinity map;
)0> Property boundary map
)0> Operation Plan map
//
Issues:
Matt Ledvina, City's Environmental Consultant listed items in his memo dated March 27,
2006. Midwest Asphalt responded to those issues in their memo dated April 4, 2006.
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Cliff Anderson, Fire Inspector commented on April 5, 2006 regarding fuel tank storage. The
applicant responded to the comment and it is attached.
Rick Heuring, GRE commented by phone on Apri14, 2006 on the proximity the m1n1ng
operation is to GRE's power lines. The applicant responded that they are the recommended
distance of 20 feet from the power lines by phone on April 6, 2006.
Recommendation: Staff is recommending approval of this request under the conditions
contained in the attached conditional use permit Representatives from Midwest Asphalt
Corp are in agreement with the conditions and will be present to address any questions.
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213TH AVENUE
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Location Map
Case Number: CU 06-04
MIDWEST ASPHALT
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N
ELK RIVER SAND &
GRA VEL FACILITY
OPERATED BY
ORPORATION
--_.:-._-......~:-'_._---
Located at
12168 221 st Avenue NW
Elk River Minnesota
Sherburne County
Minnesota
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Purpose
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Name. Address. Phone Number of
Contact Person for the Operation
Name. Address. Phone Number of
Contact Person for the Land Owner
Legal Description, Total Acres to be
Permitted & Mined from Previous Permit
Description of Mining: A. Topsoil ~
B. Phase Plan C. Aggregate J
I
Estimated Daily Truck Traffic
& Traffic Route
Season and Hours of Operation
& Number of Employees
DeSCription of Wells. Sewer Systems
& Power Lines
Description of Ground Water. Surface
Water, Drainage Patterns, Air Quality
Copies of MPCA application documents
and operating permits
Reclamation Plan
Copies of State and Federal Permits
appropriate to the Operation
Maps of Existing Topography. Phase
Plan. and Neighbors
Maps with Site Plan, Drainage Plan
& Measurments of Active Mine
Topography Map of Reclamation Plan
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Table of Contents
1. Purpose
2. Name. Address. Phone Number of Contact Person for the Operation.
3. Name. Address. Phone Number of Contact Person for the Land Owner.
4. Legal Description. Total Acres to be Permitted & Mined from Previous Permit
5. Description of Mining
A. Topsoil
B. Phase Plan
C. Aggregate
6. Estimated Daily Truck Traffic & Traffic Route
7. Season and Hours of Operation & Number ofEl'I\Ployees
8. Description of Wells. Sewer Systems & Power Lines
9. Description of Ground Water. Surface Water. Drainage Patterns. Air Ouali1y
10. Copies ofMPCA application documents and operating permits
11. Reclamation Plan
12. Copies of State and Federal Permits Appropriate to the Operation
13. Maps of Existing Topography. Neighbors & Measurements of active mine
14. Maps with Phase Plan.. Site Plan. Drainage Plan
15. Topography Map of Reclamation Plan
3
1. Purnose:
Midwest Asphalt Corporation would like to request a Conditional Use Permit to
continue extraction of sand and gravel from our Elk River facility located at 12168 221 ST
Avenue NW. This site was included in the May 1994 Environmental Impact Statement
(EIS) that was issued for the Elk River Gravel Mining District.
Midwest Asphalt Corporation bas been operating under a Conditional Use Permit
since 1981 (#CU-81-13). Most of the aggregate products produced at this operation will
be used in unpaved road maintenance, highway base projects, the making of Hot Mix
Asphalt (HMA), the making of concrete and on various construction projects in the local
and metro area. The duration of the mining is dependant upon several factors.
1. Demands for the Material
2. Market Value of the Material at time of Extraction
3. Accessibility of the Material (Depth of burden above deposit)
4. Expense to remove overburden
The City of Elk River ordinance requires mining and extraction operations to obtain
annual, renewable mineral extraction permits. The property owner and the operator,
Midwest Asphalt Corporation, do not intend to relinquish any legal nonconforming use
rights associated with mineral extraction involving the subject property. To provide the
City of Elk River with more information concerning the nature of the operation and the
property, Midwest Asphalt submits the following information:
4
2. Name. Address. Phone Number of Contact Person for the ODeration.
ODerator
Midwest Asphalt Corporation
Blair Bury
P.O. Box 5477
Hopkins MN 55343
Phone # 952-937-8033
5
3. Name.. Address. Phone Number of Contact Person for the Land Owner.
Prooertv Owner
Richard B. Bury
4175 Trillium LN E
Mound Jv.1N 55364-7730
Phone # 952-934-1448
6
4. Le~al Descriotion:
Parcel Id#
75-109-11 00
Note (75-109-1105) was combined with (75-109-1100)
L~al Descriotion
E ~ OF THE NE ~, NW ~ OF THE NE ~ E
OF RY, AND SW ~ OF THE NE ~ E OF RY
SEC 9 TWP 33 RNG 2 SHERBURNE COUNTY MINNESOTA.
Acres
111.95
Parcel Id#
75-104-4410
Le~al Descriotion
PT OF SE ~ OF SE ~ WHICH LIES SEL Y OF SEL Y LINE OF 200 FT WIDE
STRIP OF LAND, IT'S CENTERLINE DES AS FOLLOWS: COM AT SE
CORNER THENCE S 89 DEG 42MIN 21 SEC W, ALONG S LINE A DIS OF
1279.14 FT TO POB OF SAID CENTERLINE TO BE DES; THENCE N 26 DEG 33
MIN 44 SEC E, A DIS OF 1212.16 FT ; THENCE NEL Y A DIS OF 238.84 FT
ALONG A TANG CURVE, CONCAVE TO NW, WITHCENTRAL ANGLE OF 04
DEG 46 MIN 37 SEC AND A RADIUS OF 2864.79 FT, TO INTERSECTION WITH
N LINE & THERE TERM. AND WHICH LIES SEL Y & SEL Y OF THAT PT OF
CENTERLINE OF 221sT AVE DES DOC #317893.
SEC 4 TWP 33 RNG 26 SHERBURNE COUNTY MINNESOTA
Acres
8.12
Total Acres to be Permitted:
120.7 Acres
Acres Mined from Previous Permit
Approximately 56.79 Acres.
7
5. Description of Minine::
A. Topsoil:
Aggregate Extraction begins with the removal and stockpiling of the topsoil using
bulldozers and scrapers or excavators and trucks. Earth berms will be constructed to store
the topsoil, provide screening of the operation, and reduce the equipment noise heard
outside the operation area These temporary berms will be constructed of topsoil from
future areas to be mined and will be seeded.
OB. Phase Plan:
Aggregate excavation will progress from the Northeast side of the property in a
Southerly direction. Once to the Southeastern comer we will turn to the West once to the
Southwest comer we will turn to the North and continue along the Northwest side. As
mining progresses the processing area may periodically change to allow for the
equipment to be as close to the excavation as possible.
C. Aggregate:
The current plan for processing aggregate utilizes a bulldozer pushing the uncovered
aggregate material to a trap feeder, which - via a series of conveyors - feeds the material
to a screening and crushing plant. The material is crushed and sized into various products,
which are then stockpiled on site. The equipment typically used for this type of material
processing includes a portable generator, multiple crushing and screening plants, and
conveyors. The crushing and screening plants utilized by Midwest Asphalt Corporation
are portable in nature. They can be moved within the extraction area as well as in & out
of the operation as needed to replenish the product stockpiles.
Once the products are stockpiled, we will use front-end loaders to place the material into
over-the-road trucks, which haul the materials to either Midwest Asphalt Corporation's
production plants, job sites, and use for our external customers. We will also
occasionally use a water truck and road grader on our haul road to 221 51 Ave.
8
6. Estimated Dailv Truck Traffic & Traffi~ Route:
Estimated Average daily number of vehicles accessing the facility:
40
Estimated peak daily number of vehicles accessing the facility:
210
Estimated operator-owned vehicles:
1/3 of vehicles could be operator-owned
Estimated non-operator owned vehicles:
2/3 of vehicles could be non-operator-owned
Traffic Route:
Material removed from the excavation site shall be transported within the city
exclusively upon the following haul route: 221 st Ave. east to Highway 169
(Except for localized jobs or customers with 10calizedjobs)
9
7. Season and Boun of ODe ration & Number of EmDlovees:
Activity at the site will normally occur during the construction season (March to
December). The actual time spent crushing and screening the aggregate will depend on
the demand for the products. Demand will also determine what time of year the mine is in
operation and how many times the equipment is brought into the mine to process the
aggregate material. Our operating hours will be between 6:00AM unti12:00AM Monday
Thru Saturday and be able to maintain equipment 24 hours per day.
Number of EmDlovees:
. Dependant on the supply and demand for material this site could have from 1 to 10
employees at any given time.
10
8. Descriotion of Wells. Sewer Svstems & Power Lines:
There is NO well on the property or private sewer systems located on the property.
A portable toilet will be on site and maintained during site activity.
There is one power line that runs along the property line on the east side. This power
line is pole mounted. Embankments are maintained and inspected regularly.
There'is one under ground power supply line from 221 st Avenue to the pit entrance for
supplying power to the job trailer for lights and fuel pump.
11
9. Description of Ground Water. Surface Water. Drainae:e Patterns. Air Oualitv:
Ground Water
The mining operation employs a variety of screening~ crushing~ and conveying
equipment, including loaders and dozers. The lubrication, fueling, and repair practices
used to maintain the equipment are designed to eliminate petroleum products from
ground contact. The Storm Water Pollution Prevention Plan (SWPPP) addresses practices
for proper storage, hauling, and use of petroleum products, as well as inspection and
response procedures.
The pollution prevention practices addressed on-site management planning to
minimize the opportunity for infiltrating water to carry contaminants to groundwater.
Plant foremen perform site inspections throughout the operating period. Observations and
conditions are reported for all applicable environmental programs. Rain that falls in the
mining area will be contained and allowed to seep naturally into the pit floor or be
directed to on-site containment areas. When and where necessary to prevent surface
runoff from entering the excavation, temporary small, earthen berms will be constructed
to direct surface water flow from the active mine site.
Surface Water
The Minnesota Pollution Control Agency's Storm Water Pollution Control Program
regulates this mining operation. Midwest Asphalt Corporation has an existing storm
water plan for aggregate operations that employs Best Management Practices (BMP's)
for pollution prevention. The management practices listed in the plan addresses both
petroleum products handling and erosion contro~ including the on property containment
of storm water runofffor suspended solids control. All storm water and spring snowmelt
water from within the mining operation is contained either in the excavation or on-
property containment areas with overflow pipes.
Drainage Patterns
The only water leaving the site from the active mine area is the rainwater that falls on
approximately one block of paved road which is swept as needed or that falls on
undisturbed woods & meadow land. Site is inspected monthly when operating. All Trash
is collected.
12
Air Quality
The Minnesota Pollution Control Agency regulates crushing and screening operations
at the site. The processing equipment is in compliance with the opacity requirements of
the New Source Performance Standards and is permitted under the Aggregate General
Permit. The general permit provides fleXIbility for using different processing
configurations and various pieces of equipment~ depending on the type of product being
produced. It outlines production requirements~ including record keeping~ employee
training~ noncompliance prevention, and fugitive dust abatement and control measures
that must be maintained for compliance with the permit. Records of daily~ monthly and
year-to-date production information is available for inspection. Water is used to
supplement moisture for control offugitive emissions. Water for dust suppression at this
operation will be obtained from an on-site source.
13
10. CODies ofMPCA aDDlication documents and oDeratinl! Dermits.
The Storm Water Pollution Prevention Program concentrates on identifying potential
pollutants on the construction site and adopting management practices that eliminate their
contact with storm water. The following outline was used as a guideline to develop an
effective and functional program for pollution prevention.
1. Identify potential sources of storm water contamination on the construction site.
A). #2 Fuel Oil
L Spills during equipment refueling
11. Bulk shipment deliveries- overfill
llL Broken or leaking fuel lines and hoses
B). Lubricating Oils
1. Overfilling gearboxes
1L Leaking seals on mechanical equipment
111. Engine breather pipes
1V. Spills during oil changes
v. Improper storage of oil inventory
C). Grease
1. Over greasing bearings and wear surfaces
11. Improper disposal of cleaning towels
D). Aggregates
1. Pile runoff not contained on site
11. Poor storage technique
E). Antifreeze
L Leakage from damaged radiators
ii. Overfill! spill
2. Run off
A). Whenever possible, plant location is chosen such that site runoff from the
immediate plant area is contained onsite by natural impounding. In cases
where natural impounding is not available, berms will be constructed to
provide containment from immediate plant area
B). Whenever possible, aggregate piles will be located such that storm water
runoff from the pile area will flow into a settling impoundment to reduce
turbidity before exiting the site.
14
3. Nine (9) Best Management Practices (BMP's) were incorporated into the plan that
encompass the operation of rock and gravel crushing and processing plants, and
areas adjacent to the plants that may be impacted by the operations. They are:
1. Education - Eliminate human error as a factor in pollution prevention
II. Inspection and supervision
m. Communication and supervision
IV. Selection of plant sites based on environmental factors
V. Proper storage of petroleum products - eliminate exposure to storm
water.
VI. Perform routine and repair maintenance as needed to eliminate
leakage from mechanical components.
VII. Use available resources to contain common spills.
VIII. Construct bermed containment areas when needed to fulfill intent and
purpose of the plan.
IX. Erosion control prevention
The practices listed have been expanded in the plant to address specific areas of
concern. Plant operators or supervisors have the option to expand or adapt particular
practices to best serve the intent of the plan at a specific site.
STORM WATER POLLUTION PREVENTION PLAN
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (BMP's)
1. Education
a The storm water pollution prevention plan is reviewed at the January production
meeting. The intent of the plan is stressed, and changes or improvements are
noted. The plan is discussed and ideas are exchanged for plan improvement.
Any new ideas that contribute to the intent of the plan are included in the
written storm water pollution prevention plan.
b. Midwest Asphalt Corporation holds employee spill training before beginning
seasonal operation to instruct all plant personnel in safe petroleum product
handling, proper maintenance procedures, and routine inspection of the plant
during operation. Personnel are encouraged to take a pro-active role in
prevention of spills. Good housekeeping practices are stressed for the control of
minor drips and leaks from daily maintenance and operation.
15
2. Inspection and Supervision
a. Portable plant site operations will be inspected monthly. The plant foreman or
supervisors may conduct the inspection. The inspection shall be conducted after
a significant storm event to evaluate the effectiveness of the management
practices employed by the plant to eliminate the contamination of storm water
runoff. Any changes in procedure that are deemed necessary to improve plan
performance will be noted on the written plan and incorporated in the general
operating procedure immediately. Changes to the plan may be site or plant
specific as needed to improve plan performance.
.. b. The plant operator will inspect the plant site each day of operation. This will
consist of a pre-startup inspection, continuous monitoring during operations,
and a post shutdown inspection to insure that all plant equipment is functioning
properly, all valves are closed, and significant materials are properly stored and
secure before leaving the plant site.
c. The plant operator or other responsible employee will supervise all bulk fuel
deliveries to the plant. Fuel transfers, including hose connect and disconnect
from the receiving tank will be monitored to insure that spills do not occur.
Plant personnel will assist tanker drivers as needed to provide safe and effective
transfer of fuels.
d. Refueling of plant equipment will be monitored at all times to eliminate
overfilling.
3. Communication and Response
a. Emergency response plan for spills is posted in the control house or the repair
trailer ofthe plant. The primary order of contact is listed. Plant operators and
employees are aware of the location of the listing and follow the outlined
procedure in a spill response situation.
b. Plant personnel will respond immediately to spill situations to mitigate the
effects and isolate/control the source of spill. Operations will be immediately
shut down when necessary to redirect on-site resources and manpower in spill
response.
c. Company contact personnel and emergency phone numbers are posted in the
control house or repair trailer to provide operators with immediate access to
company support. Company contact will be established as soon as possible after
the spill.
d. Emergency supplies are listed with phone numbers for spill support services,
including contaminated water pumping and removal service.
e. Company representative follows state and federal reporting requirements.
Documentation of spills is included in the plant record.
16
4. Selection of Plant Sites
a Plant locations will be chosen on the basis of operational considerations and
environmental impact. Alternate plant sites are considered when necessary to
reduce risk of surface or groundwater contamination.
b. Plants will be located as far from potential receiving waters as possible.
c. Whenever possible, the plant will be located in a pit or quarry that provides
natural, on-site containment of storm water runoff. Efforts are made to locate
the plant such that immediate plant area runoff is separately contained from
surrounding area runoff.
d. In locations where there is increased environmental sensitivity because of
proximity to receiving waters, lack of natural containment, or other critical
factors, berms or diking will be constrilcted that will contain runoff from the
immediate plant area
5. Petroleum Product Storage
a All fuel tanks shall have drip pans or sorbent material available for nozzle
storage between refueling. Double walled tank on concrete pad is used tank and
hoses are inspected daily for integrity. Any problems are corrected.
b. Lubricants and grease are stored in repair or service trailer until needed. Storage
area is secured at the end of the operating cycle.
c. Drip pans and contaniinated sorbent material are replaced at the end of the work
shift and at the onset of precipitation to eliminate storm water exposure to
petroleum products. Containers are located in the service trailer for storage of
used sorbents and other cleanup materials.
d. Used oil, and grease containers from equipment service and repair, is stored
inside the plant service trailer until collected for off-site disposal.
17
6. Repair and Maintenance
a Engines and gearboxes will be inspected and serviced as needed during the off-
season to eliminate leaking seals, fuel lines, and gaskets. Leaks that develop
during operation are contained by drip pans, sorbents, or other acceptable
means, until company maintenance personnel repair the problem. In cases where
continued operation may cause uncontainable fluid losses, plant operations will
cease until the problem is corrected.
b. Plant employees are instructed in proper lubrication procedures for plant
equipment. Manufacturers specifications are followed to eliminate over-fills of
gearbox and crankcases. Greasing of bearings and wear surfaces is carefully
monitored to eliminate unnecessary grease contact with the ground. Overflow
from bearings is collected and disposed of with contaminated sorbent material.
c. Routine engine oil changes will be done with adequate sorbent material to
provide for drips and spills associated with maintenance operation. Waste oil
will be stored in spill proof containers in the service trailer until picked up for
off-site disposal.
d. Any leaks that develop during the course of operation may, at the operator's
discretion, be contained with drip pans or petroleum sorbent material, as long as
plant operation ceases prior to a storm event and containment vessels are
cleaned and free of petroleum to prevent contact with storm water.
e. Repair and maintenance procedures will be conducted in the service trailer or
. outside with adequate containment for degreasing and cleaning. Petroleum
sorbent material will be available as needed to supplement containment.
7. Use of Available Resources
a Housekeeping supplies, including drip pans, are kept on inventory in the repair
trailer at all times. All plant personnel have access to materials and are
instructed in their use.
b. All plant personnel are available to respond to petroleum spills as needed.
Additional response personnel may be obtained from field crews working
adjacent to the plant if needed.
c. Ifnecessary, plant loader may be used to construct temporary berms or place
aggregates for absorbing free flowing liquids. Loaders can be used for
backfilling and to remove impacted soils or aggregates.
d. Plant Foreman, Job Superintendent or other responsible company officials may
obtain, mobilize, and utilize any additional resources deemed necessary to
mitigate the effects of a petroleum release. This may involve subcontractors,
additional equipment, or additional personnel as needed.
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8. Construction of Containment
a. When a plant must be placed in an area where natural containment does not
occur, the plant siting crew, foreman, or superintendent may elect to construct
berms or temporary basins for collection and control of storm water. Necessity
of construction will be based on slope of plant site, area drained, soil type, and
proximity to receiving water. Other influences may be considered on a site-
specific basis as needed to ful:fill the purpose of the plan.
b. Plant personnel will inspect water collected in the on-site basins for evidence of
petroleum sheen or odor. Ifno evidence of contamination is apparent, the water
may be released by gravity flow or by pumping. Release of water must be done
in a manner that will not induce erosion or release water with high sediment
loadings into receiving water. Water collected in on-site basins that shows
evidence of petroleum contamination will be pumped into disposal tanks for
transport to approved disposal facilities. Company environmental supervisor
will be notified before removal and disposal of contaminated water. Any water
releases will be documented in the plant record.
c. Berms constructed for containment during plant operation will be removed,
regraded or opened after the plant is removed from the site to prevent
unsupervised water collection. Collection areas may be recontoured and seeded
during site reclamation or separately.
9. Erosion Control Prevention
a. Bales, silt fences, and settling ponds are utilized to mitigate and eliminate
erosion from potential problem areas.
b. Aggregate stockpiles are kept at a manageable slope gradient to reduce erosion.
c. Temporary seeding will be used to control critical area erosion, as needed, on a
site-specific basis. Critical areas may include stockpiled topsoil and non-traffic
areas that will support vegetation.
d. Contours of temporary plant sites are graded to minimize runoff to critical
areas including waterways and stockpile areas.
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11. Reclamation Plan:
Overburden & Topsoil that was removed from the mining extraction and placed in
earth berms will be used in reclamation plan as well as the excess fines.
The reclaimed pit slopes sball be not more than One (1) foot vertical to Four (4) foot
horizontal. Excess fines and overburden will be used for sloping and leveling. A
minimum of three inches of topsoil will be placed and graded to the depleted areas and
seeded.
20
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STORM WATER INSPECTION REPORT FOR ER SW 05
DATE AREAS 1NSf<<1t:u RNmGS OF INSPECTIQN CORRECTIVE AC110N TAKEN
JAN OSlO! Closed OK None
-
FEB 04/0f Closed OK None
lIAR 04/05 Closed OK None
APR 05/05 Closed OK None
MAY 06/05 Active OK None
.
JUN 02105 Active Bagged Trash left outside Move bags to container. instruct
employees conceming proper disposal
JUL 01/0f Active OK None
AUG OK None
08105 Active
SEP Found garbage dumped by front Picked up. bagged. and placed in
01/05 Active gate.
container.
OCT OK None
03/05 Active
NOV Ok None
01/05 Active
DEe Closed OK None
04/0S
COMMENTS:
STORM WATER INSPECTION REPORT FOR ER SW 06
~DATE AREAS nw..e\..'. t:I1 FINDINGS OIF INSPEGUON CQRREt.tIVEACTIOI TAKEN
JAN
04106 Frozen OK None
FEB
06/06 Frozen OK None
MAR
AM
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEe
COIIIIIIEI\R'S:
'~/~)
.
NONMETALLIC MINERAL PROCESSING GENERAL
. .
PERMIT
ANNUALCO~LMNCECERTWICATIONREPORT
. .
(NM-CR)
Company Name: Midwest Asphalt Corporation
AQD Permit No.: .05301011-001
This certification report covers the period of January I-December 31, 2005
(year)
I eertify under penalty oflaw, that I have reviewed. the compliance status of all stationary sources
covered by this general permit with respect to all permit conditions for the above--specified
calendar year and have determined, to the best of my knowledge, that this Permittee bas been in
continuous compliance with aU permit conditions at each stationary source with the exception of
those requirements listed in the following deviations reports which have been submitted to the
Compliance Determination Unit Supervisor of the Air Quality Division of the Minnesota
Pollution Control Agency (MPCA):
DEVIATION REPORTS SUBMl'{ l1ill TO THE MPCA
Type of Deviation Report Period of TIme Covered by Report Date Report was Submitted
NM-DRF January 1 through June 30 July 15 2005
NM-DRF June 30 through December 31 January 11 2006
- --
Signature of Responsible Official
Peter Umland
Printed Name of Person Signing
Operations Manager
TItle
January 12 2006
Date
forward To: Supervisor, Compliam:c Detennination Unit
Air Quality Division
Minnesota Pollution Controi Agency
520 Lafayette Road North
Saint Paul, M~nesota 55155-4194
:-:~ I.CR (5.'6196)
Certified Mail # 7002 3150 0001 9065 3866
CITY OF ELK RIVER
2006 APPUCATlON FOR MINERAL EXCAVATION UCENSE
Conditional Use Permit No:
CU - 81- 13 Date: Feb I 20 I~
Property Owner Richard B.Bury
Address 4175 Trillium Lane E.
Phone Number 952 - 934 - 1448
Mound MN 55364
~r Midwest Asphalt Corporation
Address P.O. Box 5477 Hopkins, MN 55343
Consultant EngineerlSurveyor Sather - Berquist, Inc'Phone Number 952-476-6000
Address 150 South Broadway Wayzata, MN. 55391
Location of Property 12166 221st Avenue Elk River MN 55330
Phone Number 952-937-8033
7
.
Legal Acres to be Acres Acres of Past Total Acres Acres 1;0 be
Description mined in approved. Reclamation reclaimed in
andlor PID forthcoming but Dot being forthcoming.
No. of each year and mined in
separate acres already fortb.-cnmine
parcel to be mined but year.
mined or not
approved to reclaimed.
be mined. $20/~
$5 I Acre $01 Acre
5-104-4410 0.00 8.12 0.00 8.12 0.00
- .
5-109-1100 . 56.79 55.16 0.00 111.95 0.00
. .
-
7
s: \b&e \rebecca \gravel pit\grave1 pits\rt:avapp.doc'
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this ~ day of
2006, by and between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (City), and Midwest AsDhalt. a
Minnesota corporation, hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a
conditional use permit to operate a gravel mining operation within the City on
property legally described as follows:
The East ~ of the Northeast ~, Northwest ~ of the Northeast ~ East of the
Rail Road, and Southwest ~ of the Northeast ~ East of the Rail Road.
Section 9, all in Township 33, Range 26, Sherburne County, Minnesota.
Pt of the Southeast ~ of the Southeast ~ which lies Sely of the Sely Line 200
ft wide strip of Land, Its Centerline Des as follows: Com at Southeast corner
Thence South 89 Deg 42 Min 21 Sec West, Along South Line A Distance of
1279.14 Feet to Pb of Said Center Line to be Des: Thence North 26 Deg 33
Min 44 Sec East, A Distance of 1212.16 Ft: Thence Nely A Distance of 238.84
Ft Along a Tang Curve, Concave to Northwest, with central angle of 04 Deg
46 Min 37 Sec and a radius of 2864.79 Ft, to intersection with N line & there
term. And which lies Sely of that pt of centerline of 221st Ave Des Doc
#317893. Section 4, all in Township 33, Range 26, Sherburne County,
Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use
permit, at which hearings all citizens of the City of Elk River and other
interested parties have had the opportunity to be heard on the application;
and
Page 2
WHEREAS, the City Council by motion adopted, 2006,
approved a conditional use permit for the operation of a gravel mining
operation (the Operation) on the Property, subject to certain conditions,
including that Operator enter into a conditional use permit agreement with
City so as to fully comply with the City's Mineral Excavation, Z~ming, and
other applicable ordinances; and
WHEREAS, the City's Zoning Ordinance requires that a conditional
use permit be issued and that a conditional use permit agreement for mineral
excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual
promises and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this
Agreement shall constitute the Conditional Use Permit for the Property and,
to be executed by City and Operator, shall govern the parties rights,
responsibilities, and obligations with respect to the operation, subject to the
compliance by all parties with applicable city ordinances and state and
federal laws.
2.) Warrantv of ODerator- Operator hereby warrants and represents
to the City, as inducement to the City's entering into this agreement, that the
Operator is the fee owner of the subject property or has a valid lease for the
operation and the fee owner of the subject property shall also enter into this
agreement.
3.)
Operation:
(01)
(02)
(03)
Conditions- The following general conditions shall apply to the
This Conditional Use Permit authorizes mineral excavation
(gravel) from the Property.
All mineral excavation and processing operations on the
property shall comply with the City's Mineral Excavation,
Zoning and other applicable ordinances; with the terms of this
Conditional Use Permit agreement and the license agreement to
be executed by the City and Operator; with the City of Elk
River's Environmental Impact Statement on Mineral
Excavation; and with the application materials and plans
submitted by the Operator, which plans and materials are the
basis for the City's approval of the Conditional Use Permit.
The Operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with notification in
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Page 3
writing within four (4) working days of the violation. The
Operator shall notify the City annually in writing of the total
area and amount of material mined and projected estimates of
area and amount of material to be mined in the following year.
This is to be done at time of license renewal.
(04) The license shall be renewed annually and shall run from June
1st through May 31st. The annual license fee is that which is
specified by the Elk. River City Council at time of renewal. This
license fee is not in lieu of gravel tax collected by the County, a
portion of which the City receives.
(05) Violations of this Conditional Use Permit may result In
suspension or revocation.
(06) The City Environmental Administrator and/or his/her agents
shall be permitted to inspect the Operation for compliance with
the conditions of this permit during normal hours of operation.
(07) The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agenCIes.
(08) No explosives shall be allowed for this operation.
(09) Reclamation
a. Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
Operator.
b. Each year a plan for that year's reclamation shall be
approved by the Environmental Administrator prior to
issuance of the mineral excavation license.
c. The reclamation shall include topsoil from the site being
preserved and put back into place after mining.
d. Revegetation of the property shall include seeding with a
mixture approved by city staff accompanied by a nurse
crop or approved mulch. The vegetation established for
the reclamation must be maintained until it is self-
sufficient.
e. Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the plans
s:\b&e \rebecca \gravel pit\gravel pits\midwest\gravcup-midwest.doc
Page 4
submitted and the City ordinance at the time of
reclamation. Additional measure as determined by city
staff may be required.
(10) Traffic
a. Except for localized jobs, traffic through Elk River
associated with the Operation shall be limited to U.S.
Highway 10 and 169. The Operator will route traffic from
the Operation to 221st Ave NW and Highway 169 as
directed by the Minnesota Department of Transportation
or the City of Elk River.
(11) Dust Control
B.. A permit from MPCA regarding air emissions shall be
obtained when required and particulate emission
standards shall be met by the Operation. This permit and
all other correspondence between the Operator and MPCA
shall be copied to the City.
b. All equipment shall be located as to reduce dust to
adjacent properties.
c. A water truck shall be on site at all times when mining
activities are taking place to control dust as necessary.
Chemicals shall not be use for dust control.
d. The City reserves the right to require additional
measures to be taken, if warranted by dust problems,
including but not limited to reducing stock pile heights.
(12) Hours of Operation
The operator will be allowed to mine, process and sell product on
the site from 6:00 a.m. until 2:00 a.m. and maintain equipment
24 hours a day, as long as the Operation does not constitute a
nuisance to surrounding properties as determined by city staff.
If complaints can not be resolved, the Environmental
Administrator may, as a remedy, adjust the hours during which
mineral excavation activities are conducted, ultimately
reverting back to the normal hours of 7:00 a.m. to 7:00 p.m.,
Monday through Saturday. Upon approval of the
Environmental Administrator, or his/her designee, sale (hauling
product off site) may occur outside of the permitted hours (on a
temporary basis not to exceed seven (7) days) to address an
s: \.b&e \rebecca\.gravel pit\.gravel pits \.midwest\.gravcup-midwest.doc
Page 5
unique situation. Alternatives to back-up alarms will be used
from dawn to dusk.
(13) Noise
a. As deemed necessary by city staff, noise from screening
and crushing associated with this Operation shall be
controlled by equipment location on site, the erection of
sound barriers, the placement of stockpiles, and the type
of equipment used.
b. Noise levels associated with this Operation shall at no
time exceed State standards.
c. The City reserves the right to require additional
measures be taken, if warranted by noise.
(14) Lightine-
Lighting from the Operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. All sources of
artificial light shall be so fixed, directed, designed, or sized that
the minimum subtotal of their illumination shall not increase
the level of the illumination on nearby residential property by
more than .1 foot candles in or within twenty-five (25) feet of a
dwelling, or more than .5 foot candles on any part of the
adjacent property.
(15) The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on this site, with
the exception that reusable parts may be stored on the mineral
excavation site provided that it is in a location that cannot be
viewed from adjacent properties or is totally screened.
(16) Mining activities shall not cause excessive vibration off site. If
excessive vibration becomes an issue, the City reserves the right
to take appropriate measures to alleviate the problem.
(17) Groundwater protection measures shall include:
a. The Operator shall file with the City an Emergency Spill
Prevention and Counter Control Plan and a Storm Water
Pollution Prevention Plan as may be required by other
s:\b&e \rebecca \gravel pit\gravel pits \midwest\gravcup-midwest.doc
Page 6
governmental entities. The Operator shall adhere to
these plans in the event there is a spill.
b. The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
c. Fuel tanks shall be above ground, properly diked (if
required by law), and registered with MPCA.
d. All incidences that have the potential to adversely affect
groundwater, including but not limited to spills, shall be
verbally reported to the City within 24 hours. This verbal
notification snall be followed up in writing within four (4)
working days.
e. The appropriate storm water permits (NPDES) shall be
obtained by the Operator from MPCA and copied to the
City.
f. The wells located at the site shall be monitored once. a
year for diesel range organics (DRO). Mining activities
shall not take place closer to ground water levels than
indicated in the plans submitted without amending this
conditional use permit; however, if mining is proposed to
occur below the water table in the future, the above
referenced wells shall be monitored for DRO prior to
excavation activities commencing and after their
cessation each year. Further, in the event of a spill,
appropriate water tests (as determined by the city) will be
taken until the spill is deemed clean by the city.
g. Except for minor repairs, maintenance of vehicles and
equipment shall take place in the Operator's shop. The
Operator shall have an approved hazardous waste license
for this facility and properly dispose of all waste.
h. A minimum of a two-celled system to recycle water from
the wash operation shall be utilized.
1. Each year, groundwater levels shall be monitored prior to
start of wash operations and an additional three (3) times
during the first week of said operation to predict the long
term effects of the pump operation~ Thereafter, the
aforementioned well shall be tested a minimum of twice
per month, said frequency to be increased during dry
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Page 7
periods. A drop in water level of twelve (12) inches or
more shall be immediately reported to the city.
J. Water usage by mining activities shall not adversely
affect adjacent wells. Mitigative measures may include,
but are not limited to, curtailing of pumping activities
until water levels return.
(18) Sienag-e
Signage for the operation shall be that which is permitted for an
industrial operation 'in a medium industrial zone, with the
exception that billboards are not allowed.
(19) Fencing
The Operator shall fence the entire perimeter of the site with a
four (4) foot high fence with support post every ten (10) feet.
(20) Oakwilt
Cutting of trees between April 15 and July 15 is prohibited. The
Operator shall take other measures deemed appropriate by the
Sherburne County Forester to control oakwilt, such as, but not
limited to: debarking or destroying fallen diseased trees prior to
April 15th, not leaving roots exposed and avoiding mechanical
damage on remaining trees.
(21) Berming
The Operator shall erect berms adjacent to 221st Ave as required
by the City of Elk River.
(22) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions
hereof and agrees to save and hold the City harmless from any and all
claims or actions arising from the operations of the Operator on the
Property.
s: \b&e \rebecca \gravel pit\gravel pits\midwest\gravcup-midwest.doc
Page 8
(02) Binding Effect- The terms and provisions hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors,
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Operation and shall be deemed
covenants running with the land. This Agreement shall be placed of
record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees,
if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of
a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be
deemed appropriately and timely given when delivered personally or
deposited in the United States mail to the addresses hereinafter set
forth by certified mail (return receipt requested). The addresses of the
parties hereto are as follows until changed by written notice given as
above:
If to the City at:
City of Elk River
ATTN: Environmental Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at:
Midwest Asphalt
ATTN: Blair Bury
PO Box 5477
Hopkins MN 55343
(06) InCOrPoration bv Reference- All plans, special prOVISIons,
proposals and specifications, submitted pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as
fully as if set forth herein in full.
s: \b&e \rebecca \gravel pit'\gravel pits\midwest\gravcup-midwest.doc
Page 9
IN WITNESS WHEREOF, the City and Operator have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ELK RIVER
OPERATORlFEE OWNER:
Midwest Asphalt
By:
Its: Mayor
By:
Its:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
. 2006, by Stephanie A. Klinzing, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
s: \b&e \rebecca \gravel pit\gravel pits\midwest\gravcup-midwest.doc
Page 10
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
. 2006, by Lori Johnson, the City Administrator of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of . 2006, by . the
of Midwest ASDhalt. a Minnesota corporation, on
behalf of the corporation, fee owner of a portion of the subject property
and Operator on the subject property.
Notary Public
This instrument was drafted by:
City of Elk River
Environmental Dept.
13065 Orono Parkway
Elk River, MN 55330
s:\b&e \rebecca \gravel pit\gravel pits\midwest\gravcup-midwest.doc
.'.
, . '
'. '
MEMO
TO:
Rebecca Haug, Environmental Administrator
COMPANY:
City of Elk River
FROM:
Matthew Ledvina, P. E.
DATE:
March 27, 2006
RE:
Midwest Asphalt - Application for CUP and License Amendment (#CU-81-13)
NOTES/COMMENTS:
As requested, I have reviewed the above referenced document for City of Elk River CUP and License
Amendment for Midwest Asphalt Corporation (MWAC). The general operations for MWAC will be in
accordance with the previous documents with the noted modifications. The following comments are
provided in support of Conditional Use Permit (CUP) amendment for the Site.
2006 Operations Plan
MWAC provided an Existing Conditions Plan with their application. WMlAC should provide current
elevation information for the site to enable assessment with the Final Reclamation grading plan. I
was unable to determine the extent of the site which has been reclaimed. From the aerial photos, it
appears that the extent of reclamation has been limited. I recommend that MWAC present a
schedule for reclamation of areas of the site that have been mined and are currently inactive (see
item (09) b. of the CUP)
GroundWater Conditions
Apparently, ground water conditions have not been assessed for the Site. Extensive data conceming
the hydrogeology of the adjacent site to the north has been developed for the proposed Waste
Management's Site expansion. This technical information indicates that the ground water table likely
occurs at an elevation between 955 and 950 msl. The Final Reclamation grading plan indicates that
the lowest mined elevation would be approximately 947 msJ. This implies that a significant portion of
the native soils will be mined below the ground water table elevation. The lack of vertical buffer of
unsaturated soil increases the potential for impacts to groundwater resources in the event of a spill at
the site.
.
MINNEAPOLIS
1000 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
612.347.6789
o
HOUSTON
Suite 200
520 Post Oak Boulevard
Houston, TX n027
832.203.1492
o
DENVER
Tower One. Suite 580
15 I 5 Arapahoe Street
Denver, CO 80202
nO.956.53oo
o
PROVIDENCE
Suite 2020
One Financial Plaza
PrQvidence, R1 02903
40 1.278.4300
o
ANCHORAGE
Key Bank Plaza, Suite 30 I
60 I W. Fifth Avenue
Anchorage, AK 9950 I
907.m.53oo
",.
Midwest Asphalt Corporation - 2006 CUP and License Application
Page 2
If MWAC intends to excavate below the groundwater table, the CUP should require the development
of a groundwater monitoring system and annual monitoring for potential groundwater impacts. If
MWAC does not intend to excavate into the groundwater table, the final reclamation plan should be
modified to increase the base grade elevations accordingly.
Surface Water Conditions
The surface water conditions are described on page 12 of the application and indicate that surface
water is contained within the mining operation or within containment areas with overflow pipes. If an
overflow pipe is associated with the containment area in the western portion of the site, it appears
that offsite drainage would be to a wetland area further to the west. Containment areas or
sedimentation ponds with outlets should be designed and constructed using accepted practices to
handle the potential surface water flow.
Environmental Spill Plan
I recommend that the Emergency Spill Prevention and Counter Control Plan and a Storm Water
Pollution Prevention Plan (SWPP) be filed with the City. The current versions of these Plans should
cover all areas and activities within the 2006 Operations Plan for the site. The Plans should provide
that adequate spill kits be available at the site in strategic locations where spills may occur. I
recommend that MWAC conduct maintenance of the site equipment on hard surface areas only, to
facilitate containment of spills should they occur on the site.
A specific refueling location(s) should be identified in the Plans in an area(s) where spill response can
be effectively implemented. The refueling location(s) would ideally be an area(s) with a relatively
impermeable surface, closed contours with minimal slope.
Q:\A-C\CER\2006-026\DeliverableslMWA2006Review.doc
2
Page 1 of 1
Haug, Rebecca
From: Matthew Ledvina [mlledvina@nrginc.com]
Sent: Friday, March 31,200611:03AM
To: Haug,Rebecca
Subject: Midwest Asphalt Corp. Application for CUP/license
Hi Rebecca:
I spoke with Pete Umland at Midwest regarding the technical comments contained in my memo on
the renewal of the CUP/license, dated March 27 , 2006.
. Existing conditions plan - He acknowledged that the contours and the aerial photo did not
match. He indicated that he would "see what he could do" to get a more accurate plan.
. Reclamation - No reclamation has been done. None is planned till the entire site (Phase A-D)
is completed because "they need to have room to stockpile" and "they need to match their
neighbors operations" He indicated it will take 20 years to mine the site. I told him this was
too long not to do any reclamation. I told him he needed to explain his timing and justify his
proposed reclamation. I told him this did not match the intent of City's ordinance. This is
unresolved.
. Groundwater - He said the elevations in the plan are based on the data from the EIS. I said
that was ok but we have better data and we need to adjust the basegrade upward. He
affirmed that Midwest does not intend to excavate below the groundwater table. He
indicated that they would modify the reclamation plan to be consistent with the new info
available.
. Surface water - no surface water for excavated areas flows offsite, with the exception of the
limited area near the entrance. He indicated that "overflow pipes" refer to culverts beneath
access roads and that the storm water retention ponds do not have outlets.
. Spill plans - An SPCC plan is not required for the site since there total petroleum storage is
less than 1320 gallons (tanks and drums). He understood the condition related to the
refueling/maintenance ops.
If you have any questions or comments, please let me know.
Matt.
MATURAL
.....R.ESOURCE
GROU.P.,
lNC~
Matt Ledvina, P.E.
mlledvina@nrginc.com
612.339.2316 Direct
612.347.6780 Fax
4/4/2006
~EST
SPHALT
. QRPORATION
..
~
Date: April 4, 2006
To: Rebecca Haug, Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
From: Pete Umland, Operations Manager
Midwest Asphalt Corporation
Phone: 952-937-8033
RE: The review of Matthew Ledvina's for the application of a CUP License
for Midwest Asphalt Corporation.
Page: 1 of 2
Operations Plan
Current elevation information is shown on an existing site map in Section 13 of the
application.
A reclamation map has been included with the application (Section 15). The schedule for
reclamation depends on our time line with our mining neighbors to the east and south, as
we plan to work together in mining straight through to match with their reclamation
grade. We will be working with the power company regarding the power line to the east
side of the property. The land that is mined so far is used as a stockpile area; this hinders
reclamation at this time.
Ground Water Conditions
The elevation on the reclamation map has been changed. Please refer to Section 14 of the
application; this map was changed from a 947.0 elevation at the lowest point to a 955.0
elevation. Water elevation in the EIS of the wells close to Midwest Asphalt parcel # 75-
104-4410 & 75-109-1100 shows unique well # 437275 with a static ground water
elevation at 945.0 and unique well # 165556 with a static ground water elevation at
947.0.
1
Surface Water Conditions
As described in Section 12 of the Annual Storm Water Report Submitted with MPCA for
Elk River Site reads. The only water leaving the active mine area is the rainwater that
falls on approximately one block of paved road which is swept as needed.
In reference to over flow pipes: To help with erosioI4 an on site sedimentation pond(s)
with overflow pipes or pipes for building roads across drainage ditches are used in the
active mining area. The area on the west side of the property, the rainwater falls on to
undisturbed woods and meadowland.
Environmental SDill Plan
Midwest Asphalt Corporation is under the threshold of being required to have a SPCC
plan. A spill prevention plan is described in Section 1 Oof the application. This plan
describes fueling, spill prevention and containment.
The site plan in Section 14 of the application shows the location of the fuel tank mounted
on a concrete slab next to a storage container where spill prevention equipment is stored.
This area is at the entrance to the pit with hard ground and a minimal slope where vehicle
maintenance and fueling is done. This map also shows direction of surface water.
Midwest Asphalt Corporation has a NPDES Permit ill # 784721474 with MPCA along
with a Storm Water Pollution Prevention Plan on file at our main office that is reviewed
and updated annually.
Please contact me if you have any further questions.
Thank you.
2
TABLE 3.3-1
ELK RIVER GRAVEL MINING DISTRICT
AQUIFER DESIGNATION AND GROUNDWATER ELEVATION DATA SUMMARY
Wells within the District:
Depth Static Depth BR
Map #I Unique #I Aquifer Depth Elev. to water GW-Elev. to BR Elev. Date
===========================================================================================
500316 Qa-1 191 30 8/89
G 437275 Qa-1 161 1015 70 945 5/88
165556 Qa-1 130 982 35 947 7/89
460025 Qa 65 30 1/90
I 442736 Qa 67 980 25 955 6/88
474075 Cmts 390 70 11/90
217941 Cmts 603 1023 160 863 7/70
183652 Qa-1 185 85 9/81
186176 Qa-1 245 60 10/82
179097 Qa-1 305 60 9/81
450323 Qa-1 123 22 11/88
X 217977 Cmts 615 985 66 919 6/89
y 447841 Cmts 365 1010 100 910 7/88
Wells South of the District:
Depth Static Depth BR
Map #I Unique #I Aquifer Depth Elev. to water GW-Elev. to BR Elev. Date
===========================================================================================
169377 Cmts 260 975 80 895 175 800 12/79
127927 Cmts 245 1003 85 918 178 825 5/76
405468 Cmts 275 1030 140 890 220 810 11/84
425854 Cmts 231 1030 95 935 175 855 9/86
156643 Cmts 305 1049 130 919 250 799 7/79
107227 Cmts 346 1060 150 910 270 790 8/76
126724 Cmts 380 1075 160 915 294 781 8/77
2 460013 Cmts 335 1065 130 935 240 12/89
437549 Qa-1 323 1091 120 971 12/87
3 449887 Cmts 365 1050 130 920 294 756 7/88
4 452532 Cmts 410 1030 120 910 10/88
423125 Cmts 390 1038 98 940 310 728 8/86
5 437544 Cmts 335 1045 120 925 290 755 11/87
416059 Cmts 234 1022 80 942
Wells East of the District:
Depth Static Depth BR
Map #I Unique #I Aquifer Depth Elev. to water GW-Elev. to BR Elev. Date
===========================================================================================
192859 Qa-1 64 979 35 944 12/83
6 426729 Qa-1 131 980 54 926 4/87
423109 Qa-1 75 990 52 938 7/86
7 452402 Qa-1 81 960 26 934 4/89
8 501455 Qa-1 123 980 45 935 1/89
425931 Qa-1 84 1005 55 950 12/86
9 434435 Qa-1 85 1005 57 948 7/87
/f:r/
_.
''''.,;S;;.' .~.
ti,:/
I/
...
Page 1
Permit MNG490000
STATE OF MINNESOTA
Minnesota Pollution Control Agency
National Pollutant Discharge Elimination System (NPDES) and
State Disposal System (SDS) Permit MNG490000
for Construction Sand & Gravel, Rock Quarrying
and Hot Mix Asphalt Production Facilities
ISSUANCE DATE: October 24,2001
EXPIRA TION DATE: September 30,2006
The Permittee is an owner or operator of facilities within the boundary of the state of Minnesota that: a)
discharge storm water from construction sand and gravel, crushed and broken stone, or dimension stone
mining and quarrying areas; b) discharge storm water from hot mix asphalt production areas; c) discharge pit
dewatering flow from construction sand and gravel mine pits; and/or d) operate wet scrubber wastewater
disposal systems at hot mix asphalt production plants.
Owners or operators ofthe facilities identified above are covered under this permit if they have provided a
complete, approvable permit application, and have been notified in writing by the MPCA of permit coverage.
. The State of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA),
~uthorizes the Permittee to construct, install and operate a disposal system at the facilities named above, and
to discharge to receiving waters of the state of Minnesota, in accordance with the requirements of this permit.
The goal of this permit is to protect water quality in accordance with Minnesota and U.s. statutes and rules.
This permit is effective on the issuance date identified above, and supersedes previous general permit
MNG490000 (Construction Sand & Gravel, Rock Quarrying and Hot Mix Asphalt Production Facilities
(10/8/96)), issued for these facilities.
This permit expires at midnight on the expiration date identified above.
Signature:
~!lJ.d~llit i~Ui-
Elizabeth Shfwi
Director
Policy and Planning Division
for Karen A. Studders
Com missioner
Minnesota PoJlution Control Agency
If you have questions on this permit, including the specific permit requirements, permit reporting or permit
compliance status, plrase contact:
Minnesota Pollution Control Agency
Policy and Planning, Regular Facilities
520 Lafayette Road North
St. Paul, MN 55155-4194
Telephone: (651) 296-6300
Fax: (651) 297-8683
Telephone Device for Deaf (TTY): (651) 282-5332
:~
Printed on recycled paper containing at least 10% paper recycled by consumers.
Mr. David R. Blanski
Page 2
..~
Effective with the date of this letter, the facilities listed below are no longer required to obtain
coverage under the General Storm Water Permit for Industrial Activity (MNG611 000).
Requirements for the general industrial storm water permit will be terminated upon the date of
this letter and will now be covered under the general permit for Construction Sand & Gravel,
Rock Quarrying, and Hot Mix Asphalt Production Facilities (MNG490000).
Permit # A00000748
Permit # A0000074 7
Permit # 784721474
Permit # A00000749
Plant 1 (Eden Prairie, MN)
Plant 2 (New Brighton, MN)
Elk River Pit (Elk River, MN)
Lake Marion Pit (Lakeville, MN)
The unique number, which identifies your facility for coverage under this permit, is
MNG490132. Please use this number in all correspondence with the Minnesota Pollution
Control Agency. Please feel free to contact Stephanie Christiansen, of my staff, at
(651) 297-7153 if you have any questions.
~'
~ ~.
1>fL Gary L. Eddy, Supervisor
Waste Management & Wastewater Sector Unit
Metro Region
Regional Environmental Management Division
GLE/SC:smd
Enclosures
cc: Kathleen Porta, Clerk, City of Eden Prairie
Matt Fulton, Manager, City of New Brighton
Sandra Peine, Clerk, City of Elk River
Charlene Friedges, Clerk, City of Lakeville
AGGREGATE
INDUSTRIES-
NORTH CENTRAL
AGGREGATE
INDUSTRIES-
NORTH CENTRAL
NEMETH, JULIUS
& MARIAN-
TRUSTEES
)SAG,
UGLAS
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Page 1 of 1
Haug,Rebecca
From: Anderson, Cliff
Sent: Wednesday, April 05, 20062:31 PM
To: Haug, Rebecca
Subject: RE: Midwest memo
Rebecca,
4/05/06,
In March of 2006 I was contacted by a subcontractor who was bidding on fuel tank installation for Midwest
Co.
He actually stated that he would like to come to the fire station and talk. That afternoon he came in and got
the info
For above ground fuel tank storage and dispensing. The State Fire Marshal Office no longer inspects these
applications
and have left it to local jurisdiction for review and inspection. With that I asked for a site plan showing
tanks, use, location,
and sizes. Also property lines and distances with all code requirements covered.
(Extinguisher, shut off, protection of tanks and signage shown on plan)
We have hand outs with all issues covered; they are from the State Fire Marshals Office.
Haven't heard anything from them yet.
Cliff Anderson
Fire Inspector
Elk River Fire Department
From: Haug, Rebecca
Sent: Tuesday, April 04, 2006 4:09 PM
To: Anderson, Cliff
Subject: Midwest memo
Hi Cliff,
Can you please e-mail me something regarding your discussion with Midwest and their fuel tanks? I would
need it by Thursday AM to include it in the packet. Thank you.
Rebecca Haug
Environmental Administrator
13065 Orono Parkway
Elk River MN 55330
763.635.1068
fax: 763.635.1090
4/6/2006
Date: April 6
To: Rebecca Haug, Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
From: Pete Umland, Operations Manager
Midwest Asphalt Corporation
Phone: 952-937-8033
RE: Question About Fuel Tank From Cliff Anderson
Page: 1
Midwest Asphalt Corporation Fuel Tank
Midwest Asphalt Corporation is under the threshold of being required to have a SPCC
plan. However there is a spill prevention plan described in Section 10 of the application.
This plan describes fueling and spill prevention and containment. The site plan in section
14 of the application shows the location of the fuel tank this tank is mounted on a
concrete slab next to a storage container where spill prevention equipment is stored. This
area is at the entrance of the pit on hard ground and minimal slope where vehicle
maintenance and fueling is done.
The fuel tank is a 1000 Gallon tank used for fueling Off road equipment Loaders Dozers
Etc. There is Fire Extinguishers, Located in the storage container the fuel nozzle has a
automatic safety shut off and signage and well over 500 feet of any surface water.
Please contact me if you have any further Questions.
Thank You Pete
APR 1 0 1006
GREAT RIVER
ENE R G Y@
17845 East Highway 10 . P.O. Box 800 . Elk River, Minnesota 55330-0800 . 763-441 -3121 . Fax 763-241-2366
April 7, 2006
GRE EASEMENT EL-G-20
Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
SUBJECT: MIDWEST ASPHALT CONDITIONAL USE PERMIT FOR MINERAL EXTRACTION, CASE
NO. CU 06-05
Dear Mr Harlicker:
Great River Energy (GRE) owns and operates a 69,000 volt overhead transmission line located along the
easterly and northerly edge of the applicant's property in Section 9. The transmission line is generally
located within a 100-foot wide easement, said easement being 50-feet on each side of the transmission
centerline. Furthermore, GRE anticipates rebuilding and replacing the transmission line later this year
and/or in 2007. The new transmission line will be located on the same alignment as the existing
transmission line.
With regard to the applicants request for a Conditional Use Permit for mineral extraction, GRE offers the
following comments:
1. The applicant should be required to provide a minimum of a 25 foot undisturbed buffer between
all electric power poles and the nearest point of any mining excavation (see enclosed detail).
2. The applicant must provide an access ramp to each power pole being at least 20 feet wide as
measured across the width of the ramp and a maximum slope of 5 horizontal to 1 vertical along
the longitudinal profile of the ramp (see enclosed detail).
3. GRE encourages the applicant to exercise extreme caution when working anywhere in proximity
of the electrical conductors by providing a minimum of 15 feet of separation between the highest
points of all motorized and non-motorized equipment and the electrical conductors.
4. GRE requests that the applicant be required to protect and repair the easterly slope of the
existing mining area to insure the integrity of the existing transmission line.
Sincerely,
GREAT RIVER ENERGY
!~~~
Field Repre~entat~
Enclosure
RH:jh\r:\allproperty\el-g-20cityofelkriverCUPltr.doc
Direct Dial (763) 211 2337
EMail rheuring@grenergy.com
A Touchstone Energl Cooperative ~J%;
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