3.4. SR 03-19-2007
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Consent March 19, 2007
Item Number
3.4.
Prepared by
Rebecca Haug, Environmental
Administrator
Reviewed by
Item Description
Request by Tiller Corporation for Conditional Use Permit to
Amend Existin Permit Hours of 0 eration, Case # CU 07-08
Introduction
Attached please find the revised Conditional Use Permit for Tiller Corporation.
Discussion
The CUP was revised to reflect the applicant's recent request to extend their hours of operation. The
CUP has not been revised since 1994. The original CUP had Shieley as the property owner so that was
changed to Tiller Corporation. The legal description was modified since some of the property on the
1994 CUP is now owned by Aggregate Industries. The language regarding Oak Wilt was changed to be
consistent with other gravel operations and the hours of operation were changed to reflect the applicant's
. most recent request.
Financial Impact
N/A
Attachments
Revised Tiller Corporation CUP
Action Requested
Staff is recommending approval of the revised CUP for Tiller Corporation.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\B&E\REBECCA \Gravel Pit\Gravel Pits\ Tiller\REQUESTCOUNCILACTION-CC2.doc
a'IT (F ELK HI VER
AGREEL\ENT F(R I SSU\1\CE (F
aN]: TI (N\L lEE PERM T
F(R M NERAL FXO\.VATI (N
THIS AGREEMENT, made and entered into this _ day of
2007, by and between the CITY OF ELK RIVER, a municipal corporation organized
C . ,.{ Deleted: Tiller
under the laws of the State of Minnesota (City), and ;rifler orporatwn,_ ~_". /
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 North 7'2 of Section 22 West of Trunk Highway 169, and the North 7'2 of
Section 21 East of RR ROWand South and East of Woodland Trails Park,
and the North 7'2 of the Northwest ){ of the Southeast ~ Section 21, and the
North 7'2 of the Northeast ){ of the Southwest ){ of Section 21 and the
Southwest ){ of Section 16 East of the RR ROWand Woodland Trails park
and South of County Highway 33, all in Township 33 North, Range 26 West,
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
WHEREAS, the City Council by motion adopted on this _ day of
, 2007, an amended 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,
Zoning, and other applicable ordinances; and
Page 2
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 ,p?-1..t.i~!?' J".!-gl;?ts-, _ ._ - - -{ Deleted: parties
responsibilities, and obligations with respect to the .Qp~!'?-ti.9p.2 _.s.:u]Jj~~~. t<? Jl1~ __ _ - - -[ Deleted: 0
compliance by all parties with applicable city ordinances and state and
federal laws.
2.) Warrantv of Operator- Operator hereby warrants and represents
to the City, as inducement to the City's entering into this agreement, that the
Opera tor is the fee owner of the ~ropertv . L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :: = -' Deleted: subject property
3.) Conditions- The following general conditions shall apply to the
Opera tion:
Deleted: or has a valid lease for
the operation and the fee owner of
the subject property shall also enter
into this agreement. ~
(01) This Conditional Use Permit authorizes mineral excavation
(gravel) from the Property.
(02) All mineral excavation and processing operations on the
El9P~!'tr. _ ~4~lJ _ 5=9!llJ2ly_ _~it]1_ _ the_ _ <;!ty~~ _ Mil1_e!~! _ ~i5=~Y~!io_n-,_ _ - - -{ Deleted: p
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 ~he Conditional Use Permit.
(03) The Operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with notification in
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
A Deleted: s:\b&e\rebecca\gravel ]
/ l pit\gravel pits\tiller\gravcup.doc ,
c:\documpnt" and >,ettinlls\rhaull\loeal >,ettinlls\tpmnol'aJ'Y internet files\olk2\0'1'3ycunl l.do~.
I
I
I
Page 3
license fee is nat in lieu af gravel tax callected by the Caunty, a
partian af which the City receives.
(05) Vialatians af this Canditianal Use Permit may result In
suspensian 0.1' revacatian.
(06) The City Enviranmental Administratar andJar his/her agents
shall be permitted to. inspect the Operatian far' campliance with
the canditians af this permit during narmal haurs af aperatian.
(07)
The City's appraval af this Canditianal Use Permit is subject to.
the appraval af apprapriate permits by ather gavernmental
agenCIes.
. .. '''' { Deleted: 0
No. explaslves shall be allawed far thIs.Qp_e!~tl_ap...: - - - - - - - - - -... - - -,," A Dele~d: _
/- Formatted: Indent: Left: 0.5"
'It~nv areas where abviaus dan~er to. the public exists shall be-;- ,
. ~ - - - i Deleted: The entire active area of
canti'alled by a faur-faat-tall fence WIth suppart pasts every ten I the site shall be fenced
feet. _ Formatted: Indent: Left: 0", First
-- - - line: 0"
'(08)
~(OJJ) _
,....u.u...uu u uuu..
'_ r .---..
(l!l)... ... Reclamatian -- -j Deleted: with a four foot high fence
- - - ... - - - - - - - ... - - ... -. - ... ... - - ... - - - - - - - - - - - - - - - - ... ... - - - " ! and warning signs with notice of
\ \ I the inherent dangers of the
i. \ \ I operation shall be erected every 100
': .. \ 1 feet.'
.. \ I....: _ _
\ \.1 ~eleted: ,
Ii j Deleted: (10) _ All vegetation on the
'; I subject property, outside of the
\ ! fenced active area, shall remain in
Ii ! its natural state until mining
i ! operations are concluded on the
\ I entire parcel, with the exception of
\ I disease control. Vegetation in
!. I subsequent phases shall also
',I remain undisturbed until the
\1 preceding phase in concluded.'
.(
l Deleted: 1
/ / { Formatted: Indent: Left: 0.5"
't b' / /, u' .{ Deleted: - d. - The annual
u8.I...e.. ...e.~l:lg:, " ! reclamation plan shall include
! planting an '1
! _ _ _ average of 50 seedling trees
! per acre. Some areas may'
I - . - have no trees and staff may
! require a greater than '1
I - - - average number on other
\ I areas, if conditions warrant. ,
.f_ _ _ _ _ Qgl:l~q,l!r:.S.1 _ JlI!i~p.~~_ J~r:.a~-,!e_S.1 _ _d_e.!:~i1~... _aJ_ _e_r5>~i~l! _ ~g~~r:.aJ _ \ \. I J
methads, and settling pands, shall camply substantially "" j Deleted: f
with the plans submitted and the City ardinance at the '{-D~leted: ;
time af reclama tian. :
'1 Deleted: s:\b&e\rebecca\gravel
/'l pit\gravel pits\tiller\gravcup.doc
a.
Reclamatian shall be implemented an an annual basis
pursuant to. the reclamatian plans submitted by the
Opera tar.
b.
Each year a plan far that year's reclamatian shall be
appraved by the Enviranmental Administratar prlOr to.
issuance af the mineral excavatian license.
c.
A $5,000 letter af credit, band 0.1' ather depasit appraved
by staff shall be required prlOr to. the Issuance af the
annual license to. caver the farth camIng year's
reclama tian.
.d.~ u. ... u urrl:1e.r~.c!~~(ltiql:l usp:(ll1~Il~I_l1cl.e.. \!qps.o.i! Jr.g~ !l:1e.
preserved-and put back into. place after mining.
~:_ __ ... ... _1l:1e. _ _v:e_g~t.?-~i9P.... _ e.s.~ibp:~heA __ fo! _urue_c!?'-1p_~tio.l:l__IIl ':ls.~ _ !>e._-.
maintained until it is self-sufficient.
J
l
I c:\dof'umpnts and settine-s\rhaue-\loeal settin!!s\t.emDol'Hl'Y internet files\olk2\<Tl'Hycuul l.do(o: .
(
I
Page 4
(lJ.) _.. ~r_o~~c.!~~t~r_p!,qte~t(o_n_ ~e..~s_~r~~ _sJ~~I! iI].~I~..c.!e~ _ _ _ _ _ _ _.. _.. _ _ _ _ _._ -., -{ Deleted: 2
a.
Extraction and crushing operations shall be maintained
at a minimum of 4 feet above the water table. Approval
to excavate deeper shall require an amendment to this
Conditional Use Permit.
b.
The Operator shall file with the City an Emergency Spill
Response Plan. The Opera tor shall adhere to these plans
in the event there is a spill.
c.
The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
d.
Fuel tanks shall be above ground, ~e_gj~te_r~~_ ~j.t4 J\j:P_G~,- - -' i ~e~eted: p~operlY diked (ifrequired J
and comply with all MPCA reauirements. ", i yaw), an ]
Formatted: Not Highlight
All instances 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 shall be followed up in writing within four (4)
working days.
e.
f.
1 Deleted: Groundwater monitoring
/ i wells shall be installed in locations
./ ! and depths as recommended by the
,/ l City's consultant.
/ i Deleted: Water level monitoring
. . . / / and water quality monitoring
~~_~~c~~%~;,_r~1~~;1~;t:%~~:~~iOi9~~ct:~i1r;.-%~"~i\~~ ~',', ' ~ Deleted: oon,ullanr,
City'S consultant.. .' - " '1 Del~ted.: A description of the
,. - - - .. .. - - .. - - .. - - - - - - - - - - - .. - .. - - - - - - - -' ! momtormg system shall be
4" I submitted to the City for approval
, i fourteen (14) days prior to
\ i construction. The monitoring
\ I system shall be complete prior to
, ! commencing mining activities. 'lI
'{ Formatted: Indent: Left: 1"
!.~~el:ted: Tiller
If it is .proven by the City or the DNR, that the mining /) Deleted: Corporation
activities have had a negative affect on adjacent wells <.1 [ Deleted: Routine vehicle
, , ". , "r /' /1 maintenance shall be performed in
that WIll reqUIre remedIal actIOns, It IS the responslbl Ity :>' I i a shop or on a concrete slab. The
of ,.op~rator...~.oh~Cl.k~ t4E? _r.~J:l1:~4iClJ.a.C.t~o.~ ~it4t~ .tp.~r.ty..(~.())/ " i shop shablll be equipped withfla
d h ' . d r b th :! flamma e waste trap. All oor
ays necessary to correct t e SItuatIOn an pay lor 0 I drains in the shop will be required
the remedial action and the City's cost for investigation. 1 to drain to holding tanks and
i treated at an appropriate facility,
~t a se~tic sy.stem ..
J{outin~ ... YE?4iclE? ...lIlai~lt~I1~I1~E?shaJI J?E? _perfol'Il1edusing./ . { Deleted: through . ]
Best l\1anagement Practices ffilVIPs). A hazardous waste ///':f Deleted: s:\b&e\rebecca\gravel ]
license i!,qIp._ ..t!1..e.. _l\1'p_Q~_ _~iJl_ ~~ .. !,~q~(r~sl as deenled ~ / / l pit\gravel pits\tiller\gravcup.doc ,
Appropriate Water Appropriation Permit (s) from the
Department of. Natural Resources (DNR) must be
obtained.
g.
h.
Water usage by mining activities shall not adversely
affect adjacent residential wells. Mitigation measures
may include, but are not limited to, curtailing of
pumping activities until water levels return.
1.
J.
c:\docul11E'nt8 and spttin!!8\rhaul!\loeal settin!!s\tE'l11nol'alT internet files\olk2\D'l'Hycunl 1.do(o:. ...
Page 5
necessarv. All waste fluids will be contained, cleaned up,
and recycled or disposed of according to appropriate
MPCA regulations. ,$pilJ~l1.l~~t ..b_e.. t~l?<?l.t~g...to th~ St...ate
Dutv Officer as reauired.
I
--1
_.'_ - -1 Deleted: Leaks from emergency
! repairs down in the field will be
l considered a spill. ~
... - - - i Formatted:- Indent: Left: 1"---
'L - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- ... .. Deleted: <#>Tiller shall conduct
background water quality testing
prior to the commencement of
mining operations (pursuant to
John Lichter's recommendation). ~
(J..g) ... Wetlands
(~)...
,
,
A-ll wetland impacts must be reviewed under the criteria '
of the Wetland Conser;~ti~~ A~t - (W GA1- - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' " , '. '1 Deleted: 3
\ .'1 Deleted: The wetland proposed to
.. . . . \ \ ! be eliminated by mining in Phase II
All storm water assocIated wIth mInIng actIvIties must '., [' (or any wetland proposed to be
receIve pre-treatment (where necessary) prIOr to release '" impacted),
to natural wetlands or off-site. 1 Deleted: ),receive approval from
j all approprIate governmental
i agencies, and be mitigated at a
I ration of at least 2: 1, prior to the
i commencement of mining activities
i in that phase. If all approvals
i needed to eliminate this wetland
I cannot be obtained, the wetland
l must be avoided
~ " .,( Deleted: activites
a.
b.
c.
Best management practices will be used to protect
natural wetlands.
.._ _' _ .. -{ Deleted: 4
Deleted: ~
;' a.. No trees will be cut from April
;' 15 through July I5.~
" ~
/ b. . All stumps must be removed
" prior to April 15th that are within
/
1:_ _ _ _ _ _ __ __ __ .. __ __ _ _ __ _ _. _ __ _ ... _ _ _ _. _ _ _ _ ___ _ __ _ _ _ __ __ _ _ _ _ _ _ _ _ .. _ .. __ __ _ _ _ __ 100 feet of trees not cut. ~
~ ~
( ) D C ' c. . Appropriate actions must be
14 ust ontrol taken when cutting trees to avoid
- - - - - - -- -- - - -- -- - - .. - -- - - - -- - - - -- -- - - - - - - - - - - - - - - - - - - -- -\ \ mechanical damage to trees that
a. A permit from MPCA im:-air emissions shall be obtained'; \ ;re to remain.'1
bv the Operator and th-e- p~~ti~~l~t~ ~~i-s~i;~ -st~~d~~d~ -\ \ \. d. - No roots from trees that are to
shall be met by the Operation. \ \ " remain shall be left exposed.~
\ \. 1 Deleted: e. . Appropriate measures
\ . ! shall be taken to avoid bark beetles
\ \ ! from over wintering in wood from
\ \ ! trees that are removed. ~
\ '- ! ~
\ " I f. - Tiller Corp. will control Oakwilt
\ '\ i on their entire site as required by
\ I.t the City and County Forester. ~
\~ele~d: _ 5. _.._... . _ ___ ._. .___ J
( Deleted: regarding ]
J Deleted: s:\b&e\rebecca\gravel 1
/ . l pit\gravel pits\tiller\gravcup.doc J
d.
Mining ,actiyi ties... ~4::lP...1:?~ ..a.dj~~te.4 ...a.s.. !.1.~~e.~s..a.I'Y tq ..a.~()~c:l."
negative affects on wetlands, including a decrease In "
water levels.
Oakwilt
.. ...... ... ... ....n ou no _ ".. n_ ... 'n_ .." ... ... _."."
Cuttin~ of trees between April 15 and Julv 15 is prohibited. The
Operator shall take other measures deemed appropriate bv the
Sherburne County Forester to control oakwilt. such as. but not
limited to: debarkine- or destroying fallen diseased trees prior to
April 15th. not. leaving roots exposed and avoiding mechanical
damae-e on reInaining trees.
b.
All equipment shall be located as to reduce dust to
adjacent residential properties.
c.
Water, but no chemical agents, shall be used to control
dust as necessary.
I c:\docul11pnti' and set.tin!!:,\rhau!!\local settin!!s\tpl11TJOI'aI'V internet files\olk2\'TravcuDl l.do~. ....
I
I
1!.Qt _ Traffic
Page 6
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.
Deleted: The first 100 feet of the
! access road prior to County Road 33
shall be paved to minimize dust.~
~
~
- -1 Deleted: 6
Deleted: 0
Deleted: A map shall be prepared
by City staff that defines localized
jobs. Tiller
Deleted: Corp
l
a.
/
All traffic associated with the operation shall only use /
County Road 33 back and forth to U.S. Highway 169. /'/
Except for localized jobs, no traffic from this .Qp~~~tiQ~ _/ ./
shall use Proctor Avenue or County Road 33 to the west of />/
the site. TQp~ra tor;. ~~~11 J~<!~( I].Qti~~ _oJ Jp._e.?~ _ r_e_quj!,~Ip._eA t~ ..} /
at the exit from their site. Failure to control traffic from
this Operation shall constitute a violation of this
Conditional Use Permit.
Deleted: An acceleration and
bypass land shall be constructed at~
_ _ . Tiller's expense and on right-of
way they dedicate to~
_ . . Sherburne County pursuant to
the specifications of the~
_ _ Sherburne County Engineer,
prior to hauling activities~
_ . . commending. ~
~
_ . c._
Deleted: d. The operator shall
reimburse Sherburne County for~
_ . _ abnormal wear on (damage
caused by other than traffic'\i
"t... _ _ _ _ _ (~) _ _ Wash water - . - flow that the road was
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -\ ',; designed to handle) haul roads~
I' \ . that is caused by the
Wash water used in the .Qperation shall be recycledusing a+, '\' { Deleted: ~
minimum of a two-pond syste~.-y~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ... ~ ~ ~ __ __ _. _ __ _ ,,_ _'~~, \. \l'--Dei~;'d: ~_. -
\ ,'- " 1 _ (17) . The berm along Coun
(lJ) Noise '\'- 't Deleted: 8
--~--------------------------------------------------\ \,'
\ \ 'J Formatted: Indent: Left: 1"
Noise from screening and crushing associated with this \. \1 Deleted: 0
,Operation s~~l1_l2~ _C.9p.j;!,<!ll~cJ _~~ lQ~~tjQ:g. _ <!~ _tp-~_ ~(t~L j;!1~_ . . Deleted: in a two.~
placement of stockpiles, type of equipment and ultimatelYT_\\ \ . pond system allowing for ... 3
by placing them in soundproof buildings, if determined \ \~ \ i Deleted: 9
necessary .bv. noise monitoring. conducted In aceordaJ1ce \ \ i Deleted: operation
accepted sciel1.tifi~ "st~~d~rd~: " -. .... -... .. - "'\ \,,\1 Deleted: '1
Minine: eouipment shall be fitted with s1:robe light back- \<1 Deleted: 1
UP alarms for use during non-davlie-ht hours and broad
Deleted: as~
band sound back-up alarms for use during davlie-ht hours", _ determined by staff.
b.
yr:r.~<? lQ~a.t.iQl:1"<>.f..t.p:~,, ~~c.~.s.~ "t.9 t.h~. ~i.t~"s.haJl. J)~"4~t.e.:r~iJ1~.~,, .
by the Sherburne County Engineer. An access permit
from Sherburne County may be required of the operator.
'1:"
a.
b.
c.
A turnaround will be provided within the pit so that
trucksT'Y.~n J1.9~.P:~.~~" to. p~~~:~p'_ ." _ __ .._. __.._
d.
TThe state's noise level standards for daytime and
nighttime hours nlust be adhered to.
e.
/
/
/
~oise monitoring must be comRleted Twithin sixty (60) ,/ ,/
davs of the becinning of operation in the 2007 season and
I c:\documenti' and i'ettilH!i'\rhalle-\loeal i'ettine-~\temnoraJT internet files\olk2\"1'<1vellTJl IdoGr. .
,,__ ... .__....1
2
Deleted: Microwave back-up
alarms or equivalent alterna
- Deleted: not equipped with
microwave back-up alarms
Deleted: A noise assessment
Deleted: after
Deleted: s: \b&e \rebecca \gravel
pit\gravel pits\tiller\gravcup.doc
I
I
I
Page 7
_ _ - -{ Deleted: other
i { Deleted: 20
/ 1 Formatted: Underline
@) _ _ Rours of Operation. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _,: / / / 1 Formatted: Indent: First line: 0"
/ / / { Deleted:
All mineral excavation and processIng activities shall be+/ ii: 1 Deleted:'
f:QI)~~~t~q,J?~1'Y~~!l_ t.he_ !19~!~ _0.L~:99=~ ~p-_~J9~QQ ?M1. MQI)~~Y jj-: -- -{ Deleted: 6:00
through Y~i9-? y., f.r9Jn.JI)i4.-.M~!'~4 _(~_e_?~:g.~!, _P_~.r.!l!~t_t~~gt ~hr:l!_ !n.:~~_~ --c' ... - -! Deleted' Sat rday
July unless prio~_app_r.9y~l__!~ _ g~v_e_n_ __ gy _1-.g.~ _ ~J!~4'QI)!I!~I!taJ ~ '~~, ~eleted:' u
Administrator and/or his/he~~ge}!t~. Truckin~ operations shall.',,', D ltd'
be conducted between the hours of 7:00 AM and 7:00 PM. ~~,', ee e : m
:i\10ndav through Saturday unless priOl;.appr9y?Li!? _gjy~:t;l.l?y _t:g.~_, \~.~> ~ Deleted:'
Environmental Administrator and/or hislheI; a"ents. ..........0\ \',) Deleted: 1
\\ \ l Deleted:
\
QJ!) T ightine:. \ \ 1 Deleted: A noise assessment must
- -- - - sf:-J. -- -- - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - -- - - - - - - - - - - -"\ \ \ I be completed after sixty (60) days'
\ \ \ l of operation in the 2007 se~son.
~ig:g.tip:K !to}~ __ t_he_ Q.R.e__r~ j;i~I! ~!1~ll p~ _ <!i!~~te_cl ? ~~X p:~rp. __2~9!i~\ \\. \ \ Deleted:'
right-of-way and nearby or adjacent residential property. Glare, \" \'," Deleted: r'
whether directed or reflected as different from general \\ \\{ Deleted: 21
illumination, shall not be visible from beyond the limits of the \\\l~ormatted: Underline - )
immediate site. All sources of artificial lights shall be so fixed, I<{ I d' )
directed, designed, or sized, that the minimum subtotal of their \ \~ De ete . 1")
'11 . . h 11' h 1 1 f h ill .. \ l Formatted: Indent: Left: -
I umInatlOn s a not Increase t e eve 0 t e umInatlOn on I
b . d . 1 .c h 1 .c dl' 1 Deleted: 0 )
any near y reSl entia property 1.01' more t an. 1.00t can es In r'- -.- ---- - '-
or within 25 feet of a dwelling or more than .5 foot candles on ,:t Deleted: 2 J
any part of the property. / I { Formatted: Indent: First line: 0.5" )
1/ I ~Formatt~: In_dent: _~e.~.:.._!." -.. 'J]
(ZQ) _St()I'a.~~.. ,:// !t~eleted: 3 ... .. . ......
- - -; I / " { Formatted: Indent: First line: 0.5" )
The piling, storing or keeping of old machinery, junk, debris, Or-I //,{ Deleted: 4 ]
abandoned motor vehicles, shall be prohibited on the site. ///:'1 ~eleted:' I
: It,' - -- --
(21L Vibration _ __ _ __ _ _ __ __ _ __ __ __ _ _ __ _ _ _ _ _ _ _ __ __ __ _ _ _ _ _ __ _ __ _ __ _ _ __ __ _ _ _ _ _ _/ /,' / ~~;~~~,~: Indent: Left: l"Jirst
+ !,- /
1 ;' I Deleted: a. .
',/ I
;,'/ I ! D I t d T'll J
I,! I /l e e e: 1 er
. ., i/ /1 [Deleted: Cor o~ation 'l
(22) __ _ M~~4a.I!:I_S.!l! fQ~ !~~2QI!:<JiI!g 1<2 ~9!ll..Ql~~I)t~.... - - - -- - - - -- - ... -- - - - -- - - - - ~'// / / J I d p )'
~~2~~s_e_n_t~~i~e_s_ 9f j;!1~ TOperation ~!1~1l.. ~~ls~Jp_e.!l!~~ly~~1~'?? -l De ete :, .
available to address complaints. A plan to_fte_al_ ~i~:g. _ ~l1~ _ _ ... - --f Deleted: . . ]
complaint shall be developed andj.JP:p~~I?J:e.I!~~_~.~... TQp~rator'Y~ll._ - - i Deleted:' ~
also follow up with theJomplainant and all appropriate '~',-,- i Deleted: , ~
documents copiedjo the CitY- ~ithi~ ~~~ -02 ~~~k.-- -- -... - -- - - -- - -", '-. .{ Deleted: Tiller )
L __ _ ___ .. .. __ __ ... _ ... ... __ ... _ .. _ _ ... ... .. ~ ~ ~ ~ ~ ~ ~ __ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ... __ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ = ' " '~ Deleted: , r=rsf
General Provisions - " '~Deleted:' ~
Deleted: , ~
)
/ Deleted: s:\b&e\rebecca\gr:ruTl
at future times as deemed necessarv. Monitorin!{ results
shall be supplied to the Environmental Administrator.
Mining activities shall not cause excessive vibration off-site.
4.)
I c:\documents and settine-s\rhalH!\local settine-!-1\temuol'al'\' internet fi]es\olk2\o-l'a\'cunl l.do(~_ _.
Page 8
(01) Permits - Operator agrees to comply with all of the provisions
hereof and agrees to save and hold the .G.i!Y )"anll!"s_s_ fr9~ _a~x "1l9._ ~ll_ _ - - ~ Deleted:,
claims or actions arising from the .QR.e_r~j;i~l!s_ s>! Jp_e_ pp_e_r~j;Q~ _O}~_ j;11~ _ _ - - Deleted: 0
Property.
(02) Bindin~ Effect - The terms and prOVlSlOns 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 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: City ~nvironmental A~.!l!(I!.. _ _ _ _ _ _ _ _ _., - -' -{ Deleted: Building & Zoning
13065 Orono Parkway
Elk River, MN 55330
If to the Operator at:
"l'iHern_ Q9!'P<!:r:C'! tig:g. __ _ __ __ _ __ ._ _ __ _n
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN 55311
.' _ .- i Deleted: Tiller
(06) Incorporation bv Reference- All plans, special prOVlSlOns,
proposals and specifications, submitted pursuant to this Agreement
r
. ,j Deleted: s: \b&e \rebecca \gravel
/ l pit\gravel pits\tiller\gravcup_doc
c:\docunwnti' and settine'i'\rhaue'\local settine's\tellllJOl'an' internet files\olk2\e'nlYcuTll 1 ,doG., n
Page 9
shall be and hereby are made a part of this Agreement by reference as
fully as if set forth herein in full.
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
By:
Its: Mayor
By:
Its: City Administrator
OPERATOR:
TILLER CORPORATION .' - -.i Deleted: TILLER
'f ~ ------..__
- Deleted: COMPANY
By:
By:
,J, Deleted: s:\b&e\rebecca\gravel
:' ! pit\gravel pits\tiller\gravcup, doc
.' ....
I r-:\donlments and settine-s\rhaue-\Ioeal settine-s\temDOl'al'Y internet files\olk2\<T1'H\Tunl 1do(;....
I
I
Page 6: [1] Deleted .. Bob Pearson 3/5/2007 11:40:00 AM
d. The operator shall reimburse Sherburne County for
abnormal wear on (damage caused by other than traffic
flow that the road was designed to handle) haul roads
that is caused by the operation.
" Page 6: [2] Deleted
Bob.Pearson
3/5/2007 11:40.:00 AM
(17) The berm along County Road 33 identified in the operator's
plans, shall be constructed to act as a visual screen of the operation.
This berm shall be built and landscaped within the first year of the
mine's operation according to a landscaped plan approved by staff.
,':Page 6: [3]Deleted.;'i ., ' mikec 3/15]20071:09:00PM
in a two-
pond system allowing for sedimentation.
iPage6:[4] Deleted? ; mikec 3/6120072:05:00 PfJii
Microwave back-up alarms or equivalent alternative
technology shall be used as determined necessary by staff.
Page 6: [5]DeletedBob Pearson 3/5/20071:40:00 PM
Fifty-five (55) decibels at the site's west and south property lines
is the noise level standard that shall be adhered to at all
times by the operator.
Page 7:1[6] Deleted
mikec
3115/20071:15:00 PM
}.Page 7: [7]iDeleted
mikec
3/15/20071:15:00 PM
page .7: [8] Deletf,!d.
mikec
3/15/2007.1: :J,5:00PM
Page 7: [9] Deleted
mikec
3/15/20071:15:00 PM
Page 7: [10] Deleted
Bob Pearson
3/5/2007 1:44:00 PM
b City staff will facilitate meetings between
representatives of the Ridgewood and Greenhead
neighborhoods and Tiller to discuss issues on
6/1/95, 8/1/95 and 10/1/95. Tiller will facilitate
future meetings as necessary, but these meetings
will be held a minimum of twice a year on March 1
and August 1. The City will be involved in these
future meetings only if requested by either party.
(25) Approval of this conditional Use Permit is subject to the site
being rezoned to ME/Mineral Excavation Overlay District.
Page 1: [11] Deleted Bob Pearson 3/16/20071:44:00LPM
s: \b&e \re beeea \gra vel pit \gra vel pits \ tiller \gra vell p. doc