7.1. SR 10-17-1994
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III< River
.
.
ITEM 7.1.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
OCTOBER 7, 1994 "5R
DATE:
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY THE PLAISTED
COMPANIES/PUBLIC HEARING
CASE NO. CU94-32
ISSUE
The Plaisted Companies are requesting a Conditional Use Permit for mineral
excavation and processing on a 272 acre site. The property in question was
part of the Environmental Impact Statement on mineral excavation and was
included in the Mineral Excavation Overlay zoning district.
LOCATION
Mr. Plaisted's approximately 272 acres, encompasses the majority of Section
15, Township 33, Range 26, that lies east of Highway 169. His property is
bordered by 213th Avenue on the north, County Road 77 on the west, and
County Road 33 on the south. There is a map attached to this memo showing
the location of the affected property. A complete legal description is available
at City Hall.
ATTACHMENTS
1. A letter from Mr. Plaisted regarding his request, dated September 22,
1994.
2. Two maps prepared by City staff (maps A & B).
3. An interim reclamation plan prepared by the petitioner.
4. A final reclamation plan prepared by the petitioner.
5. A Conditional Use Permit for the Operation.
P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Public Hearing Case
CU94.32 Continued
Page2
. ANALYSIS
1. General
According to the County biological survey map, Mr. Plaisted's property
contains no unique natural plant communities or rare species.
Further, no important farm lands have been identified by the SCS
office on this property. Lastly, no wetlands are apparently found on
this site, however, this will have to be field verified by City staff in the
wooded area adjacent to Highway 169.
2. Other State and Federal Permits Reauired
a. Water Appropriation Permit, by the DNR.
A Water Appropriation Permit has already been issued for this
operation.
b.
Hazardous Waste Generators ID by MPCA
.
Mr. Plaisted's operation includes a shop and the appropriate
Hazardous Waste Generators J.D. has been issued.
c.
Air Emissions Permit by MPCA
Mr. Plaisted made an application to MPCA for an air emissions
permit, and apparently one is not required for this operation.
d. Storm Water Permit (NPDES) by MPCA
Mr. Plaisted has made the appropriate application.
e. Registration of Fuel Tanks with MPCA
Registration of Mr. Plaisted's fuel tanks is not required,
however, he has added secondary containment or diking around
all of his fuel tanks on site.
3.
Surrounding Zoning
.
Map number 1, included with this memo, shows the ZOnIng of the
properties adjacent to Mr. Plaisted's site. Only two parcels that abut
Mr. Plaisted's property are not zoned Industrial and/or mineral
cc-94-32/council
Public Hearing Case
CU94.32 Continued
Page3
.
excavation overlay. Both of these parcels are zoned AlIAgricultural
and account for only a small portion of Mr. Plaisted's boundary.
4.
Access
The final reclamation plan shows 3 proposed access points to the
property. The first access point is on the east side of the site onto
Highway 169, where there is a current access, and crossover between
the northbound and southbound lanes of the Highway. The second
access point is on the south side of the property onto County Road 33.
This access will be used during the mining operations for the truck
traffic to and from the pit. Staff is recommending that Mr. Plaisted's
haul route is County Road 33 from the location of this access, to and
from Highway 169, except for localized jobs. The last access point is on
the north side ofthe property onto 213th Avenue.
.
The County is exploring a possible east/west corridor that would run
through approximately the center of Mr. Plaisted's property. This
east/west corridor is identified on staffs attached map #2, by dashed
lines, and is labeled "Old 33". Mr. Plaisted's contours adjacent to
Proctor Avenue would make this alignment difficult.
The numbers on map #2 represent the locations of houses in or
adjacent to Mr. Plaisted's site. House numbers 2 and 10 are owned by
Mr. Plaisted and are proposed to be eliminated (their locations can be
noted on the interim reclamation plan). If houses number 3 and 4 are
eliminated in the future, Proctor Street and 213th Avenue between
points A and B (shown on map 2) could be vacated by the County,
accommodating the elevations needed to accomplish the County's
proposed road corridor. If houses 3 and 4 remain where they are
located, Proctor Street could be eliminated between point A and house
3 and still accomplish this road corridor. Bottom line, Dave
Schwarting, County Engineer, indicated that Mr. Plaisted's proposal
will not eliminate this corridor.
5.
Slopes
.
Mr. Plaisted is requesting 3:1 slopes on his reclamation plan versus
the City's normal 4:1, or shallower. His rationale is that 4:1 slopes
accommodate walk-out houses but do not readily accommodate the
construction of industrial buildings. Mr. Plaisted's property is zoned
Industrial. Therefore, a 3: 1 slope reduces the amount of property that
cannot be re-developed after mining.
cc-94-32/cQuncil
Public Hearing Case
CU94.32 Continued
Page4
.
Because these 3:1 slopes will abut County Road 77, staff has reviewed
this issue with the County Engineer. He indicated that stabilizing
these slopes is not impossible. The County Engineer is recommending
that the property underneath the 3:1 slopes in question, is mined no
steeper than a 1:1 and brought back to the 3:1 slope in the same
construction season as mined. The County Engineer also indicated
that because the 50 ft. setback adjacent to the County road will
remain at its current elevation, guardrails will not be needed.
6.
Surrounding Elevations
Northern Con-Agg has a mine to the north of Mr. Plaisted's property.
The bottom of their pit is proposed at 950 feet above mean sea level.
The bottom of Mr. Plaisted's pit is proposed at 950 also. There will be
a ridge between these two pits if 213th Avenue is not lowered in the
future.
The Shiely Company owns the land to the west of Proctor Avenue.
Staff anticipates gravel deposits on that property being mined to
similar elevation as Mr. Plaisted's property. Unless Proctor Street is
lowered, there would be a ridge between these two parcels also.
.
The 950 ft. contour proposed by Mr. Plaisted is approximately 30 feet
lower than shown in the Environmental Impact Statement. Staff does
not have a problem with this because houses 3 and 4 have requested,
and were granted, a re-zoning to mineral excavation overlay. If and
when the property they are situated on is excavated, Proctor Street
and 213th Avenue can be lowered to accommodate the 950 ft.
elevation.
7.
Groundwater
The groundwater elevations under Mr. Plaisted's parcel are between
935 feet above mean sea level in the southeast corner, to 945 feet in
the northwest corner. These elevations can be noted on the interim
and final reclamation plans. Except for an existing sedimentation
pond, the proposed bottom of Mr. Plaisted's pit will be approximately
10 feet above ground water. Staff will be recommending appropriate
protection measures for ground water and the ability to monitor Mr.
Plaisted's well for water quantity and quality, if needed.
.
Mr. Plaisted has indicated that he is proposing a permanent water
body in a location of the sedimentation pond, when he is finished
mining. Staff anticipates this requiring the existing sedimentation
pond shown at a 946 ft. elevation, being excavated below the ground
cc.94.32/council
Public Hearing Case
CU94-32 Continued
Page5
.
water level. Mr. Plaisted indicated that he would do this after the
mining activities and his reclamation has been completed.
8.
Hours of Operation/Noise
Mr. Plaisted's main operation is excavation and washing of sand and
gravel. However, he does have a private contractor that comes in and
crushes gravel for approximately 10 to 15 days per year.
Mr. Plaisted has been mining in this area since 1961. He periodically
does certain aspects of his operation beyond the 7:00 a.m. to 7:00 p.m.
hours that typically restrict this type of operation. Staff has never
received a complaint regarding noise associated with Mr. Plaisted's
operation and he has indicated that he has not received any
personally.
.
Mr. Plaisted is requesting extended hours of operation. Staff feels that
because of his history, it may be a legitimate request. However, if
extended hours are granted, Mr. Plaisted would have to respond to
legitimate complaints by the positioning of his crushing and washing
equipment and curtailing his operations to the normal hours, if
necessary. State noise levels must be adhered to at all times during
this operation.
9.
Trees
Mr. Plaisted's site is barren of woods with the exception of the very far
eastern side. As previously indicated, Mr. Plaisted's property is zoned
industrial. He would like to landscape, with trees, as his property is
redeveloped to an industrial use.
In order to screen his mining operation from Highway 169 as long as
possible, he is proposing the wooded area on the east side of his
property be the last phase. However, he is proposing to cut an
approximately 100 foot wide strip of these trees in order to
accommodate one, or possibly two, billboards.
10. Fencing
Mr. Plaisted is not proposing fencing around his property; but rather,
warning signs every 100 feet. His rationale is that residential uses
adjacent to him are limited with Shiely's mining to the west and
Northern Con-Agg mining to the north.
.
cc-94-32/council
Public Hearing Case
CU94-32 Continued
Page6
.
Staff does not recommend fencing around the entire site because of our
recommendation to have 3:1 slopes accomplished by the end of each
construction season. However, it should be considered whether or not
warning signs are adequate adjacent to the active face of this operation
or if fencing is needed.
RECOMMENDATION
As indicated, Mr. Plaisted started mmmg in this area in 1961. Staff is
appreciative of Mr. Plaisted's cooperation with the City through the
Environmental Impact Statement process and also updating his Conditional
Use Permit. The Planning Commission is recommending approval of Mr.
Plaisted's Conditional Use Permit, with the following findings and conditions:
Findings
1. That the conditions placed on the operation adequately protect
adjacent neighborhoods and the City form detrimental affects
from the operation due to excessive traffic, noise, smoke, fumes,
glare, odor, dust, or vibrations.
.
2.
That the operation will not result in a loss of a natural, scenic,
or historic features of major importance.
3. That the proposal is consistent with the City of Elk River's
Comprehensive Plan, Mineral Excavation Ordinance, Zoning
Ordinance, and Environmental Impact Statement on mineral
excavation.
4. That the conditions placed on the operation require it to comply
with all appropriate City, State, and Federal requirements.
.
cc-94-321council
Public Hearing Case
CU94-32 Continued
Page7
.
Conditions
1. 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
approvalofthe Conditional Use Permit.
2. The operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with notification in
writing within 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.
.
3.
The license must be renewed annually and shall run from
January 1st through December 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
license fee is not in lieu of gravel tax collected by the County and
a portion of which the City receives.
4. Violations of this Conditional Use Permit may result in
suspension or revocation.
5. The City Building and Zoning Administrator and/or hislher
agents shall be permitted to inspect the operation for compliance
with the conditions of this permit during normal hours of
operation.
6. The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agenCIes.
7. No explosives shall be allowed for this operation.
8. Warning signs with notice ofthe inherent dangers of the
operation shall be erected every 100 feet.
.
cc-94-321council
Public Hearing Case
CU94-32 Continued
PageS
.
9.
That the wooded area noted as Phase IV is the last area mined
and that all vegetation in this phase remain in its natural state
(except for dead or diseased trees) until this phase is active, with
the exception of the eastern most 100 feet.
10. 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 years reclamation shall be
approved by the Building and Zoning Administrator prior
to issuance of the annual Mineral Excavation License.
c. A $5,000 letter of credit, bond or other deposit approved
by staff shall be required prior to the issuance of the
annual license to cover the forth coming years
reclamation.
.
d.
Reclamation shall include topsoil from the site being
preserved and put back into place after mining.
e. The vegetation established for reclamation must be
maintained until it is self sufficient.
f. Contours, finished grades, details of erosion control
methods, and settling ponds, shall substantially comply
with the plans submitted and the City Ordinance at the
time of reclamation. Further revisions to these plans may
be approved by staff to accommodate lowering of County
Road 77 (Proctor Street and 213th Avenue) in the future.
g. That excavation steeper than a 1:1 slope adjacent to the
setbacks of the mining operation is prohibited. Further,
these areas must be brought back to a 3:1 slope and
stabilized by October 15th of the same year as they are
disturbed.
11. Ground water protection measures shall include:
.
a.
Extraction and crushing operations shall be maintained
at a minimum of 10 feet above the water table, excluding
cc-94-32/council
Public Hearing Case
CU94-32 Continued
.
.
.
cc-94-32/cQuncil
Page9
the associated sedimentation pond. Approval to
excavate deeper shall require an amendment to this
permit.
b.
The operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan in
the event there is a spill.
c.
The operator shall provide the Fire Department with a
copy of their hazardous materials list.
d.
Fuel tanks shall be above ground and properly diked.
e.
All instances that have the potential to adversely affect
ground water, 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 4
working days.
f.
Water usage by mining activities shall not adversely
affect adjacent wells. Mitigation measures may
include, but are not limited to, curtailing of pumping
activities until water levels return.
g. If it is proven by the City or the DNR, that the mining
activities have had a negative affect on adjacent wells
that will require remedial actions, it is the responsibility
of the Plaisted Companies to take the remedial action
necessary to correct the situation within 30 days and pay
for both the remedial action and the City's cost for
investigation.
h. Routine vehicle maintenance shall be performed in a shop
or on a concrete slab. All waste fluids will be contained,
cleaned up, and recycled or disposed of according to
appropriate MPCA regulations. Leaks from emergency
repairs down in the field will be considered a spill.
1. The City shall have the right to conduct water quality and
water quantity testing from wells on the subject property.
Public Hearing Case
CU94.32 Continued
PagelO
.
12.
Wetlands
a. If wetlands are discovered on site, their elimination must
be reviewed under the criteria of the Wetland
Conservation Act, receive approvals from all appropriate
governmental agencies, and be mitigated prior to their
elimination. If all approvals needed to eliminate a
wetland cannot be obtained, the wetland must be avoided.
13. Oakwilt Control
a. No trees shall be cut from April 15th through July 15th.
b. All stumps must be removed prior to April 15th that are
within 100 feet of trees not cut.
c. Appropriate actions must be taken when cutting trees to
avoid mechanical damage to trees that are to remain.
. d. No roots from trees that are to remain shall be left
exposed.
e. Appropriate measures shall be taken to avoid bark beetles
from over wintering in wood from trees that are removed.
14. Dust Control
a. All equipment shall be located as to reduce dust to
adjacent residential properties.
b. Water, but no chemical agents shall be used to control
dust as necessary.
c. The City reserves the right to require additional
measures be taken if warranted by dust problems
including, but not limited to, reducing stock pile heights.
15. Traffic
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 operation
.
cc-94-321council
Public Hearing Case
CU94-32 Continued
Page 11
.
shall use Proctor Avenue or County Road 33 to the west of
the site.
b.
The operator shall reimburse Sherburne County for
abnormal wear (damage caused by other than
traffic flow that the road was designed to handle) on
haul roads that is caused by the operation.
16. Noise
Noise levels from this operation shall adhere to State noise level
standards at all times. Necessary measures to comply with
these standards will be determined by staff.
17.
Hours of Operation
.
All mineral excavation and processing activities shall normally
be conducted between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday. On occasion, increased hours
between 5:00 a.m. and 12:00 midnight will be allowed, however,
if these hours create problems for adjacent property owners,
staff may require adjustments to the operation. If problems still
persist, review of this permit will be triggered back to the
Planning Commission and City CounciL
18.
Lighting
Lighting from the operation shall be directed away from public
right-of-way and nearby or adjacent residential property. Glare,
whether directed or reflected as different from general
illumination, shall not be visible from beyond the limits of the
immediate site. All sources of artificial lights shall be so fIxed,
directed, designed, or sized, that the minimum subtotaloftheir
illumination shall not increase the level of the illumination on
any nearby residential property for more than .1 foot candles in
or within 25 feet of a dwelling or more than .5 foot candles on
any part ofthe property.
19. The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on the site.
20. Mining activities shall not cause excessive vibration off-site.
.
cc-94.32/council
.
Plaisted
Companies
INCORPORATED
P.O. Box 332
11555 205th Avenue NW.
Elk River, Minnesota 55330
(612) 441-1100
Fax: (612) 441-7782
City of Elk River
Attention: steve Rohlf
P.O. 80l< 490
~3065 Orono Parkway
Elk River, ~H 55330
Dear ~r. RohLf,
.
We have been in the aggregate (grave~ mining) business in
the same ~ocation since ~96~. In a~~ those years we have
never, to my knowledge, had a co.p~aint irom our neighbors
or anyone e~se for that matter. When we started, 205th
Avenue (county road 33) was gravel. As our truck traffic
increased it became time to pave county road 33. Because we
needed a nine ton road and Barton Sand and ourselves were
the .ain users OI the roadp we Iurnished the class 5 road
base and Bartons furnished the asphalt.
When we applied iar a permit to bui~d the ready mix plant in
1979 there were alot of nay-sayers who thought it would be
an eye sore. We to~d them it wou~d ~ook good and we started
a new trend in that type of plant. We p~anted trees, paved
our road with concrete and put in an underground watering
system. I think it stil~ looks good today.
In 1990 we built our present faci~~ty. Again, we wanted it
to look good, to maintain our ~mage_ We used decorative
b~ock for the bu~~ding, concrete pavers in the parking ~ot,
Keystone landscape b~ocks, professional ~andscap~ngs, and
aga~n, underground watering system ~n a ~arge green area.
I am tel~ing you this because we have been good neighbors
and will continue to be good neighbors, as our track record
shoys..
.
Mason Sand
Golf Course Soils
Aggregates
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CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this _ day of
, 1994, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City), and
Plaisted Companies Incorporated, a Minnesota corporation (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 WEST HALF OF THE WEST HALF; EXCEPT THE EAST 415
FT. OF THE SOUTH 2,775.36 FT.; AND EXCEPT THE WEST 400 FT.
OF THE EAST 815 FT. OF THE SOUTH 493 FT., AND
.
THE EAST 415 FT. OF THE SOUTH 2,775.36 FT. OF THE WEST
HALF OF THE WEST HALF; EXCEPT THE SOUTH 520 FT. OF THE
EAST 375 FT. OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER, AND
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
EXCEPT THE NORTHEAST QUARTER OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER, AND
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER,
AND
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
EXCEPT THE WEST 890 FT. OF THE SOUTH 734.05 FT., AND
THE SOUTHEAST QUARTER LYING WEST OF HIGHWAY #169;
EXCEPT THE SOUTH 927.15 FT.
ALL IN SECTION 15, 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
WHEREAS, the City Council by motion adopted October 17, 1994,
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 License Agreement and Conditional Use
Permit Agreement with City so as to fully comply with the City's Mineral
Excavation, Zoning, 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,
together with the License Agreement 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 Operator- 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 for the Operation.
3.)
Operation:
Conditions- The following general conditions shall apply to the
(01)
This Conditional Use Permit authorizes Mineral Excavation
(gravel) Excavation from the Property.
.
agree-srlbz
Page 2
. (02) 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.
(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 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 must be renewed annually and shall run from
January 1st through December 31st. The annual license fee is
that which is specified by City Code at time of renewal. This
. license fee is not in lieu of gravel tax collected by the County and
a portion of which the City receives.
(05) Violations ofthis Conditional Use Permit may result in
suspension or revocation.
(06) The City Building and Zoning 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) Warning signs with notice of the inherent dangers of the
operation shall be erected every 100 feet on the perimeter of the
site.
(10) That the wooded area noted as Phase N is the last area mined
. and that all vegetation in this phase remain in its natural state
agree-srlbz
Page 3
.
(except for dead or diseased trees) until this phase is active, with
the exception of the eastern most 100 feet.
(11)
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 years reclamation shall be
approved by the Building and Zoning Administrator prior
to issuance of the annual Mineral Excavation License.
c. A $5,000 letter of credit, bond or other deposit approved
by staff shall be required prior to the issuance of the
annual license to cover the forth coming years
reclamation.
d. Reclamation shall include topsoil from the site being
preserved and put back into place after mining.
.
e.
The vegetation established for reclamation must be
maintained until it is self sufficient.
f. Contours, finished grades, details of erosion control
methods, and settling ponds, shall substantially comply
with the plans submitted and the City Ordinance at the
time of reclamation. Further revisions to these plans may
be approved by staff to accommodate lowering of County
Road 77 (Proctor Street and 213th Avenue) in the future.
g. That excavation steeper than a 1:1 slope adjacent to the
setbacks of the mining operation is prohibited. Further,
these areas must be brought back to a 3:1 slope and
stabilized by October 15th of the same year as they are
disturbed.
(12) Ground water protection measures shall include:
a.
Extraction and crushing operations shall be maintained
at a minimum of 10 feet above the water table, excluding
the associated sedimentation pond. Approval to
.
agree-srfbz
Page 4
.
.
.
agree-srlbz
excavate deeper shall require an amendment to this
permit.
b.
The operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan in
the event there is a spill.
c.
The operator shall provide the Fire Department with a
copy of their hazardous materials list.
d.
Fuel tanks shall be above ground and properly diked.
e.
All instances that have the potential to adversely affect
ground water, 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 4
working days.
f.
Water usage by mining activities shall not adversely
affect adjacent wells. Mitigation measures may
include, but are not limited to, curtailing of pumping
activities until water levels return.
g. If it is proven by the City or the DNR, that the mining
activities have had a negative affect on adjacent wells
that will require remedial actions, it is the responsibility
of the Plaisted Companies to take the remedial action
necessary to correct the situation within 30 days and pay
for both the remedial action and the City's cost for
investigation.
h. Routine vehicle maintenance shall be performed in a shop
or on a concrete slab. All waste fluids will be contained,
cleaned up, and recycled or disposed of according to
appropriate MPCA regulations. Leaks from emergency
repairs down in the field will be considered a spill.
1. The City shall have the right to conduct water quality and
water quantity testing from wells on the subject property.
Page 5
.
(13) Wetlands
a. If wetlands are discovered on site, their elimination must
be reviewed under the criteria of the Wetland
Conservation Act, receive approvals from all appropriate
governmental agencies, and be mitigated prior to their
elimination. If all approvals needed to eliminate a
wetland cannot be obtained, the wetland must be avoided.
(14) Oakwilt Control
a. No trees shall be cut from April 15th through July 15th.
b. All stumps must be removed prior to April 15th that are
within 100 feet oftrees not cut.
c. Appropriate actions must be taken when cutting trees to
avoid mechanical damage to trees that are to remain.
.
d.
No roots from trees that are to remain shall be left
exposed.
e. Appropriate measures shall be taken to avoid bark beetles
from over wintering in wood from trees that are removed.
(15) Dust Control
a. All equipment shall be located as to reduce dust to
adjacent residential properties.
b. Water, but no chemical agents shall be used to control
dust as necessary.
c. The City reserves the right to require additional
measures be taken if warranted by dust problems
including, but not limited to, reducing stock pile heights.
(16) Traffic
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 operation
.
agree-srlbz
Page 6
.
shall use Proctor Avenue or County Road 33 to the west of
the site.
b.
The operator shall reimburse Sherburne County for
abnormal wear (damage caused by other than
traffic flow that the road was designed to handle) on
haul roads that is caused by the operation.
(17) Noise
Noise levels from this operation shall adhere to State noise level
standards at all times. Necessary measures to comply with
these standards will be determined by staff.
(18)
Hours of Operation
.
All mineral excavation and processing activities shall normally
be conducted between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday. On occasion, increased hours
between 5:00 a.m. and 12:00 midnight will be allowed, however,
if these hours create problems for adjacent property owners,
staff may require adjustments to the operation. If problems still
persist, review of this permit will be triggered back to the
Planning Commission and City CounciL
(19)
Lighting
Lighting from the operation shall be directed away from public
right-of-way and nearby or adjacent residential property. Glare,
whether directed or reflected as different from general
illumination, shall not be visible from beyond the limits of the
immediate site. All sources of artificial lights shall be so fIxed,
directed, designed, or sized, that the minimum subtotal of their
illumination shall not increase the level of the illumination on
any nearby residential property for more than .1 foot candles in
or within 25 feet of a dwelling or more than .5 foot candles on
any part of the property.
(20) The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on the site.
(21) Mining activities shall not cause excessive vibration off-site.
.
agree-srlhz
Page 7
.
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.
(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 ofthis 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: Building and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
If to the Operator at:
Plaisted Companies Incorporated
ATTN:
11555 205th Avenue
P.O. Box 332
Elk River, MN 55330
.
Page 8
.
(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.
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:
Plaisted Companies Incorporated
By:
By:
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1994, by Henry A. Duitsman, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
.
Notary Public
Page 9
.
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1994, by Patrick D. Klaers, 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 , 1994, by , the of
Plaisted Companies Incorporated, a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
, 1994, by . the of Plaisted
Incorporated, a Minnesota corporation, on behalf of the
of
Companies
corporation.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Zoning Department
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
.
agree-srlbz
Page 10
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OCNOTtS SOl.N)NllES
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PLAN. SPEClF'lCA TION. OR REPORT
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WY DIRECT SUPERVISION AND TltAT
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STA1\J1ES SECllONS 326.02 TO
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