6.4. SR 08-20-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Community Development
Meeting Date
August 20, 2007
Item Number
6.4.
Prepared by
Rebecca Haug, Environmental
Administrator
Reviewed by
Item Description
Request by Tiller Corporation for Conditional Use Permit for
Mineral Excavation, Case No. CU 07-21- Public Hearing
Reviewed by
Action Requested
Staff and the Planning Commission recommend approval of the request with the following conditions:
1. Traffic from the operations area will access the new alignment of County Rd 33 with the
majority of traffic generated from the existing operation area head east to US Hwy 169.
Proctor Rd and County Rd 33 west of the exiting operation will only be used for local
projects.
2. The site must operate under a Minnesota Pollution Control Agency (MPCA) NPDES permit
for gravel mining facilities and a Stormwater Pollution Prevention Plan be implemented
3. Watering on-site gravel haul roads must be done to reduce dust
4. Fifty-foot setbacks from property lines and right-of-ways that are not adjacent to other
mining areas must be maintained.
5. Along Proctor Rd, a setback as determined and marked by the Sherburne County Forester
must be maintained and in no instance will the setback be less than 50 feet from right-of-
way.
6. The operator shall take measures deemed appropriate by the Sherburne County Forester to
control oakwilt. Cutting of trees between April and July is prohibited.
7. The site must be graded in accordance to the reclamation plan
8. Operations must be in compliance with all State noise standards
9. Mining and crushing will be conducted between 7:00 a.m. to 7:00 p.m. Monday - Saturday
10. Topsoil will be retained on-site and used to create screening berms
11. Active slopes to be approximately 1.5:1 and finished slopes not to exceed 4:1
12. Property will be rezoned to Mineral Excavation Overlay
Background/Discussion
Tiller Corporation (Tiller) and its operating division Barton Sand & Gravel Co. are requesting a
Conditional Use Permit for Mineral Excavation on a parcel of property adjacent to existing sand and
gravel mining facility also operated by Tiller. The property encompasses 36.6 acres however; the
applicant is only proposing to mine the northern 19.53 acres as illustrated on the attached map (Exhibit
A). This proposed mining area is adjacent to property that was included in the 1994 EIS Gravel Mining
Study. This spring, the applicant completed an Environmental Assessment Worksheet (EA W) which the
s: \ Council\Rebecca \ Tiller CUP.doc
City Council on June 18, 2007 declared that the preparation of an Environmental Impact Statement is not
necessary.
Public meetings were held on Wednesday, September 13,2006 and Tuesday, July 17, 2007 to answer
questions the public had in regards to the proposed Conditional Use Permit. There were seven (7)
residents in attendance at the July meeting and approximately nine (9) households were represented at the
September meeting. Additionally, public meetings were held on February 6 and May 14,2007 to address
concerns about the EA W. At the February 6th meeting, only staff and the applicant were present and at
the May 14th meeting, three residents attended.
At the August 14, 2007 Planning Commission, much of the discussion revolved around the setback from
Proctor Rd and Oak Wilt. The applicant has prepared a map showing where the setback will be along
Proctor Rd to ensure that the root systems from the trees in the buffer area will be protected. By
protecting the root systems, the possibility of Oak Wilt occurring in this area is gready reduced. The
applicant is also aware that any work around oak trees should be completed in the fall and winter months
and have agreed to that.
Financial Impact
N/A
Attachments
. Application for a Conditional Use Permit for Mineral Excavation, dated 8/31/06
. Location Map
. Exhibit A - Excavation Plan
. Exhibit B - Setback Plan
. Letter date August 1, 2007 from Tim Edgeton, Sherburne County Forest & Parks Coordinator
. Conditional Use Permit
General Information
Applicant
60 Day Rule
Requested Action
location and Size
Tiller Corporation
The application has been deemed complete as of June 18,2007.
The City must take action by October 18, 2007.
Conditional Use Permit approval
Approximately 19.53 acres west of Proctor Rd, immediately
south of the existing Tiller gravel operation.
location Existing Use land Use Plan Designation Current Zoning
Subject Undeveloped Mining Ria
Property
North Mining Mining Ria (ME)
South Single Family Rural Residential Ria
s: \ Council\Rebecca \ Tiller CUP.doc
East
West
Single Family
Mining
Rural Residential
Mining
R1a
R1a (ME)
Overview
The applicant is requesting CUP approval to do the following:
1. Remove an existing deposit of sand and gravel and process it into construction aggregate
2. The property will be leased for 10 years starting in July 2007
3. The applicant is estimating that mining will start in 2-3 years and that it will take between
3-5 years to remove the material and restore the area
4. The property will be stripped in 2 phases going from East to West
5. Material will be conveyed from the site, not hauled
6. The rock crusher will be no closer than 600 ft to adjacent residential properties.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, if!jure or detnmentalIY affect the use and ef!Jqyment of other properry in the immediate
viciniry or the public health, scifery, morals, comftrt, convenience or general weifare of the neighborhood or the
ciry.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement of surrounding vacant properry.
4. Will be served adequatelY fry and will not adverselY affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer !ystems, parks and schools; and
will not, in particular, create trtiflic congestion or intetjerence with traffic on aqjacent and neighboring public
thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to atry persons or properry because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mqjor importance.
7. Will fullY complY with all other requirements of this Code, including atry applicable requirements and
standards ftr the issuance of a license or permit to establish and operate the proposed use in the ciry.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
fIndings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
S: \Council\Rebecca \ Tiller CUP.doc
Analysis
Gravel Mining is an intense land use that, unavoidably, impacts adjacent properties, including
impacts from noise, dust, traffic, and vibrations. To combat these negative externalities, a program
of education, long range planning, and site improvements is typically employed. In this instance, the
following support Mining on the subject property.
Education: The applicant conducted several preliminary public meetings over the last 12
months to get information out to the most affected residents. Staff and the applicant have been
available to address questions and concerns prior to the public hearing process.
Long Range Planning: The 2004 Comprehensive plan includes the subject property: The
northern % is guided for mining, and the southern % is guided for open space. Mining is proposed
for the northern % only.
Site Improvements: The mining operation will include several processes to reduce the
negative impacts. The material excavated will be conveyed to the sorting facility, reducing truck
traffic. The internal roads and accesses will be watered to reduce dust. As mentioned above, the
southern 20 acres (approximate) will be retained as open space; mining activities will not come
closer than 500 feet to the residential homes in Ridgewood.
Comprehensive Plan
The proposed use of the land is consistent with the 2004 Comprehensive Plan.
Recommendation
Staff and Planning Commission recommend approval of the Conditional Use Permit, subject to the
conditions outlined above.
Action
Motion by _
Second by _
Vote
Follow Up
s: \Council\Rebecca \ Tiller CUP.doc
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Au~ust 2006
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TILLER CORPORATION
,
APPUICA TION
FOR A CONDITIONAL USE PERMIT FOR
I
MINERAL EXCAVATION
ELK RIVER,
MINNESOTA
''6 }1510"
Consulting Civil Engineers
FILE COpy
Sunde Engineering, PLLC.
10830 Nesbitt Avenue South. Bloomington, Minnesota 55437-3100
Phone: (952) 881-3344. Fax: (952) 881-1913 · E-mail: info@sundecivil.com
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TILLER CORPORATION
APPLlC~ TION FOR A
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
ELK RIVER, MINNESOTA
I. INTRODUCTION
Tiller Corporation (Tiller) and its operating division Barton Sand & Gravel Co.
are requesting a Conditional Use Permit for Mineral Extraction on a parcel of
land located in Elk River. The property is located immediately adjacent to an
existing aggregate mining facility also operated by Tiller. The property
encompasses approximately 36.6 a~res. The northern 19.53 acres are
proposed to be mined. Figure 1 illustrates the project site with respect to the
current Tiller mining facility.
II. SIT~ INFORMATION
1 .) Legal Description of Property:
Northeast 1/4 of the Southeast 1/4 Section 21 Township 33 North Range
26 West, west of public roadway, Except Parcel 27, Sherburne County
ROW Plat Number 25.
2.) Name and Address of Operator
Tiller Corporation
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN 55311-6480
(763) 425-4191
3.) Name and Address of Property Owner
Walter O. Malmstrom
71 Fir Street
Mahtomedi, MN 55115
4.) Names and addresses of all a~jacent land owners within 350 feet of site
See attached Exhibit 1.
Page 1 of 1 0
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,-------
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r----~ r- ---
I II
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I II
IEXISTING PARK
PROPOSED MINING
SITE
H
600
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SCALE
o
600
1200
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FEET
IN
FIGURE 1
PROJECT SITE LOCATION
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6.)
7.)
8.)
5.)
Purpose of Extraction:
The purpose of the extraction is to remove an existing deposit of sand
and gravel and process it into construction aggregate. The
construction aggregate will serve the growing needs of Elk River and
the surrounding area. Mining and reclamation of the site will improve
end use grades associated with the existing mining facility.
Estimated Time Required to Complete the Proposed Extraction:
Proposed extraction is estimated to be completed within ten years.
The duration of mining activities is approximate only and is dependent
upon market demand.
Transportation Routes:
Material from the property will be transported by conveyor to the
operations area on the existing Tiller facility. The operations area is
located on the western portion of the existing Tiller facility. Traffic
from the operations area will access the new alignment of County
Road 33. The majority of traffic generated from the existing
operations area heads east towards US Hwy 169.
a. Physical relationship of site with respect to the community.
The site is centrally located within the City of Elk River and
immediately west of Proctor Rd. N.W. Figure 2 illustrates the
site location with respect to the City of Elk River.
b. Site analysis:
The site is bounded on the north and west by the existing Tiller
mining facility. After the area to be mined is stripped, mining
will commence from the floor of the existing mining operation to
the south and east into the Malmstrom property. The extraction
and processing equipment will be located 70-100 feet below the
surrounding topography which will minimize noise and dust
emissions from the site. The existing terrain is irregular. The
northeastern 7 acres of the proposed mining area are wooded.
The remaining portion of the proposed mining area is grassland
and open space. The National Wetland Inventory Map for the
parcel indicates that th4re are no wetlands on the property.
The elevation of the site varies from about 1100 to 1080 feet
above mean sea level (msl.). Final reclamation activities will
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FIGURE 2
SITE LOCATION WITH RESPECT
TO CITY OF ELK RIVER
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9.)
.
-
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leave the site at an eleviation ranging from 1050-1070 feet
above msl. The tops o~ the sides lopes along the eastern and
southern portions of the property will match the existing grade
at the perimeter of the mining limits which are at approximately
1 080-1 090 feet above msl.
Figure 3 is a U.S.G.S. Quad map excerpt that illustrates the site
setting.
c. Estimate of Quantity of Material to be Mined:
The estimated net quantity of material to be removed from the
property is between 300,000 and 400,000 cubic yards. This
does not include topsoil or overburden.
d. Depth of Water Table:
The depth of the water table was identified during the Elk River
Gravel Mining District EIS process. The water table ranges from
about 930 feet above msl in the northwest corner of the site to
about 925 feet above msl in the southeast corner of the site.
Groundwater flow direction is to the southeast. The elevation
of the water table corresponds to approximately 160 feet below
existing grades, 60 feet below excavation grades and 120 feet
below reclamation grades.
e. Average thickness of overburden
The average thickness of overburden is estimated to be 20 feet.
Plan of Operation:
The plan of operation is to strip the overburden, utilizing some of the
material to create a perimeter screening berm along the eastern portion
of the proposed mining area. After the overburden has been stripped,
material will be excavated starting from the floor of Tiller's existing
operation moving from the north to towards the south and lor from the
west to the east. This will keep all mining and processing equipment
recessed 70-100 feet below the surrounding grade. This will minimize
visibility as well as noise and dust emissions.
Crushing and screening will take place throughout the mining
operation. Processing equipment will generally move along with the
progression of the active face. Conveyors will be used throughout the
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I 1000 0 1000 2000
. .
SCALE IN FEET
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H
FIGURE 3
USGS QUAD MAP EXCERPT
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,
site to convey material from the active face to the processing
equipment and to the operations area established at Tiller's existing
facility.
There will be no water supply well or buildings constructed in
association with this permit.
No explosives will be used at the site.
10.) Drainage, Erosion Control, Sedimentation, Dust, Access Control and
Security:
Surface water drainage will be directed to low areas on the adjacent
Tiller mining operation. Collected surface water infiltrates into the
underlying soils and/or evaporates. Surface water drainage will not be
directed off the Tiller site. Sedimentation may occur in the temporary
ponding areas. These ponds Gan be readily cleaned out by on-site
equipment. The site will operate under a Minnesota NPDES permit for
gravel mining facilities and a Storm water Pollution Prevention Plan will
be prepared for the site as required by the NPDES permit.
Erosion of finished slopes will be minimized by backfilling to a
minimum slope of 4: 1 and seeding and mulching in accordance with
the Reclamation Plan.
Dust control will consist of watering on-site gravel haul roads as
needed. Conveyors will be used within the site, minimizing truck
traffic on internal haul roads. Perimeter berms will also limit dust
movement from the site.
Access to the site will be controlled through Tiller's existing facility
which consists of a combination of locking gate, berms, signs and
fencing. Additional fencing will be installed along the south and east
sides of the proposed mining operation just outside of the mining
limits.
11 .) Restoration Plan
Because the site is relatively small, it will be mined in one phase and
restored in one phase. Reclamation activities at the site will consist of
backfilling, grading, and seeding. Final grades will range from 1 % to
25 %. Final restoration grades are shown on the Reclamation Plan,
Sheet C3.
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1 .)
2.)
3.)
4.)
Topsoil shall be placed on graded areas to be reclaimed. The area shall
be seeded within 6 months ofl completing the backfilling. Topsoil will
come from on-site sources, and be placed in a layer that is a minimum
of 3" thick in accordance with the city ordinance.
After placement of topsoil is complete, the area will be seeded and
mulched according to Minnesota Department of Transportation
(MnDOT) Standard Specification No 3876 and 3882. The seed used
shall be MnDOT seed mixture 250. The mulch will be Type 1 mulch
as specified above.
III STANDARDS
Boundary:
Extraction operations shall be conducted within the confines of the
boundaries indicated within this application.
Setbacks:
Site setbacks will be fifty feet from property lines and right-of-ways
that are not adjacent to other areas where mining is allowed. The
fifty-foot setback is applicable along Proctor Avenue.
Fencing:
Fencing will be installed along the south and east sides of the
proposed mining operation, just outside of the mining limits, to prevent
unauthorized access.
Appearance and Screening:
All equipment will be kept operational. Abandoned equipment and
rubbish will be periodically removed from the site. Within 3 months
after termination of mining, or within 3 months after termination of the
extraction license, all buildings and structures incidental to extraction
operations will be removed. The site will be graded in accordance
with the reclamation plan.
A screening berm will be constructed, seeded, mulched and
maintained along the eastern boundary. The screening berm will be
removed as part of final resto~ation. Existing trees will provide
screening to the south and sollthwest.
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5.)
Operating Standards:
a. Noise:
The mining operation will be operated in compliance with all
State noise standards.
b. Hours:
Mining and crushing will be conducted between 7:00 a.m. to
7:00 p.m. Monday - SCiiturday.
c. Explosives:
There will be no explosives used at this site.
d. Fugitive Dust:
Fugitive dust will be minimized by hard-surfaced roads, recessed
operations, and use of conveyors. Internal haul roads will be
watered as needed. Fugitive dust will not exceed air pollution
standards established by the Minnesota Pollution Control
Agency.
e. Water Pollution:
The site will be operated in compliance with all applicable
Minnesota Pollution Control Agency and Department of Natural
Resources standards. A National Pollution Discharge Elimination
Permit (NPDES) will be obtained for the site. Any fuel storage
on site will be in approved, double-walled storage tanks.
f. Topsoil:
All topsoil will be retained on the site until the completion of
restoration. Topsoil will be used to create screening berms. The
berms will subsequently be removed as part of the reclamation
process.
g. Slopes:
The active mining face yvill be sloped at approximately 1.5: 1.
Reclaimed slopes will b$ backfilled to a maximum slope of 4: 1
Page 9 of 10
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6.) Reclamation Standards
a. Schedule:
Reclamation will occur upon completion of mining activity.
Reclamation will be completed within one year of final
extraction activity.
b. Slopes:
Slopes will be reclaimed in accordance with the reclamation
plan. Finished slopes will not exceed 4: 1.
c. Cover and Planting:
A minimum of 3" of topsoil will be placed over reclaimed slopes.
The slopes will be seeded in accordance with the reclamation
plan. The vegetation will be periodically inspected to insure that
it has become self-sustaining.
d. Slopes to Water Bodies:
There will be no created water bodies on this site.
e. Water Bodies:
All water bodies resulting from extraction - for example
temporary storm water ponding areas, will be removed as part
of final reclamation.
IV CERTIFICATION
I hereby certify that this plan, specification of
report was prepared by me or under my direct
supervision and that I am a duly Registered
Engineer and duly Registered Geologist under
the laws of the State of Minnesota.
Kirsten Pauly, PE, PG
Reg. No.21842 Date 8/31/06
Page 1 0 of 1 0
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EXHIBIT 1
PROPERTY OWNERS LIST
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TILLER CORP
EXHIBIT A
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EXHIBIT B
August 1, 2007
13880 Highway 10
Elk River, MN 55330
(763) 241-2900. (800) 438-0578
Fax. (763) 241.2910
Sherburne County
PLANNING & ZONING ADMINISTRATION
Mike Caron
PO Box 1480
Maple Grove, MN 55311
Dear Mr. Caron,
In response to your request for an on-site inspection and a review of the trees along Proctor Road
in Section 21, T33, R26 in Elk River, I've summarized my findings and recommendations below,
based on our July 31 on-site meeting.
As you had arranged, a line was staked back from the road to show where the desired buffer of
trees and vegetation would be preserved. Per the objectives stated, any tree within than buffer
area would want to be left in good condition without incurring any disturbance/damage from
upcoming excavation, grading, oak wilt, tree removal, etc. behind the buffer line. With this in
mind, on July 31 st, I flagged an orange ribbon line delineating where disturbance should be
avoided to ensure that root systems from trees inside the buffer area be protected. Much of this
flagged line is just beyond the staked line. During my inspection, I also looked for potential oak
wilt infection centers that are active. One site was found that appears to be active oak wilt. It is
located on the southern most end of the woods and on the western side ofthe wood line, along the
field. If oak wilt suppression work involving vibratory plowing is deemed necessary (per your
arrangements with the City), I've enclosed a list of consultants you can contact to obtain a
proposal for doing this work.
Regarding the orange flagged line, itwould be recommended that any tree removal work or
grading work near this line be done during the fall or winter months to avoid starting new oak
wilt. Any work during the April, May, June, or early July period would not be recommended near
this buffer line. Due to the nature of northern pin oak and white oak being more sensitive to root
disturbances than most other tree species and that much of this forest was comprised of oak trees,
the area was flagged to reflect this sensitivity and to reflect the larger driplines of some of the
mature trees inside the buffer area.
If you have any further questions, please let me know. Thank you.
~espectfJlllY~, ... ~.
/~ . .L.-~~
TIm Edgeton /
Forest and Parks Coordinator
Sherburne County
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this _ day of
2007, by and between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (City), and Tiller Corooration, 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 Northeast % of the Southeast % of Section 21, all in Township 33 North,
Range 26 West, west of public roadway, Except Parcel 27, 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, 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, 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.
Page 2
NOW, THEREFORE, in consideration of the premises and the mutual
promises and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire A2Teement- 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 Onerator- 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 Property.
3.)
Operation:
(01)
(02)
(03)
(04)
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
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.
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.
Page 3
(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) Any areas where obvious danger to the public exists shall be
controlled by a four- foot- tall fence with support posts every ten
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 year's reclamation shall be
approved by the Environmental Administrator prior to
issuance of the 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 year's
reclamation.
d. The 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 comply substantially
with the plans submitted and the City ordinance at the
time of reclamation.
(11) Groundwater protection measures shall include:
Page 4
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 fue with the City an Emergency Spill
Response Plan. The Operator 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, registered with MPCA
and comply with all MPCA requirements.
e. 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.
f. Appropriate Water Appropriation Permit (s) from the
Department of Natural Resources (DNR) must be
obtained.
g. Water usage by mmmg 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.
h. If wells are intended for this site meetings with the City
and the DNR will be conducted prior.
1. Routine vehicle maintenance shall be performed using
Best Management Practices (BMPs). A hazardous waste
license from the MPCA will be required as deemed
necessary. All waste fluids will be contained, cleaned up,
and recycled or disposed of according to appropriate
MPCA regulations. Spills must be reported to the State
Duty Officer as required.
(12) Wetlands
a. All wetland impacts must be reviewed under the criteria
of the Wetland Conservation Act (WCA).
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b. All storm water associated with mining activities must
receive pre-treatntent (where necessary) prior to release
to natural wetlands or off-site.
c. Best management practices will be used to protect
natural wetlands.
d. Mining activities shall be adjusted as necessary to avoid
negative affects on wetlands, including a decrease in
water levels.
(13) 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.
(14) Dust Control
a. A permit from MPCA for air emissions shall be obtained
by the Operator and the particulate emission standards
shall be met by the Operation.
b. All equipment shall be located as to reduce dust to
adjacent residenti~l properties.
c. Water, but no chemical agents, shall be used to control
dust as necessary.
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.
(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 localiz~d jobs, no traffic from this Operation
shall use Proctor Avenue or County Road 33 to the west of
the site. Operator shall post notice of these requirements
at the exit from their site. Failure to control traffic from
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this Operation hall constitute a violation of this
Conditional Use Permit.
b. The location of the access to the site shall be determined
by the Sherburne County Engineer. An access permit
from Sherburne C~unty may be required of the operator.
(16) Noise
a. Noise from screening and crushing associated with this
Operation shall be controlled by location on the site, the
placement of stockpiles, type of equipment and ultimately
by placing them in soundproof buildings, if determined
necessary by noise monitoring conducted in accordance
accepted scientific standards.
b. Mining equipment shall be fitted with strobe light back-
up alarms for use during non-daylight hours and broad
band sound back-up alarms for use during daylight hours.
c. A turnaround will be provided within the pit so that
trucks will not need to back-up.
d. The state's noise level standards for daytime and
nighttime hours must be adhered to.
e. Noise monitoring must be completed as deemed
necessary. Monitoring results shall be supplied to the
Environmental Administrator.
(17) Hours of Operation.
All mineral excavation and processing activities shall be
conducted between the hours of 7:00 AM and 7:00 PM, Monday
through Saturday unless prior approval is given by the
Environmental Administrator and/or his/her agents.
(18) Lightin2'.
i
Lighting from the Oper~tion 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,
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directed, designed, or sized, that the minimum subtotal of their
illumination shall not increase the level of the illumination on
any nearby residential p~operty for more than .1 foot candles in
or within 25 feet of a d\flelling or more than .5 foot candles on
any part of the property. 1
(19) Storae-e
The piling, storing or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on the site.
(20) Vibration
Mining activities shall not cause excessive vibration off-site.
(21) Mechanism for responding to complaints.
Representatives of the Operation shall make themselves
available to address complaints. A plan to deal with the
complaint shall be developed and implemented. Operator will
also follow up with tihe complainant and all appropriate
documents copied to the City within one (1) week.
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) Bindine- 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 any respect
whatsoever the validity of the riemainder 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.
I
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(05) Notices - All notices and demands specified herein shall be
deemed appropriately and tim~ly given when delivered personally or
deposited in the United StateS mail to the addresses hereinafter set
forth by certified mail (return I1eceipt requested). The addresses of the
parties hereto are as follows u~til changed by written notice given as
above:
If to the City at: City Jf Elk River
ATTN: City Environmental Admin.
13065 Orono Parkway
Elk Rliver, MN 55330
If to the Operator at:
Tiller! Corporation
I
7200 iflemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN 55311
(06) Incorporation bv Refelience- All plans, special prOVISIons,
proposals and specifications, $ubmitted 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 fu~.
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
9
OPERATOR:
TILLER CORPORATION
By:
By:
.
.
.