6.4. SR 03-19-2001City o£
ITEM 6.4
MEMORANDUM
River
TO:
FROM:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE:
MARCH 19, 2001
SUBJECT:
CONDITIONAL USE PERMIT
REQUEST FOR MINERAL
EXCAVATION BY AGGREGATE
INDUSTRIES CU 01-06/P.H.
REQUEST
Aggregate Industries-North Central Region, Inc., is requesting a conditional use permit to
mine, crush, screen, wash and sell sand and gravel products from the site in question.
Aggregate Industries's application containing details o£ their proposal is attached to this
memo.
The property is currently zoned A-1/Agricultural with the Mineral Excavation Overlay
Zoning District applied to it. If this request is approved, a yearly mineral excavation
license will also be required. Staff has approved a grading permit to allow the stripping
of topsoil on this site, independent of this approval.
LOCATION
The affected property is legally described as:
The Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of Section 9, and
the north 320 feet of the Northeast Quarter of the Northeast Quarter (NE 1¼, NE
¼) of Section 16, all in Township 33, Range 26, Sherburne County, Minnesota.
A vicinity map is included with this memo.
GENERAL SITE INFORMATION
The site is mainly made up of farm ground, not considered prime or of statewide or local
importance. Other than a scattering of trees in a few gullies on the property, the site is
void of trees and wetlands. The Minnesota Biological Survey identifies an oak forest -
dry subtype just to the west of the property, but does not identify any rare or threatened
species on the property itself. The property in question was part of the area studied in the
City of Elk River's Environmental Impact Statement (EIS) on Mineral Excavation. With
the exception of the two residences that lie immediately to the south of the property, all
other residences are approximately one half (1/2) mile away from the site.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
OVERALL OPERATION
With the exception of their current mine on the Nemeth property, the site being
considered in this request will be used to process material mined from all of Aggregate
Industries's property lying west of Highway 169. Some of the properties involved will
be the subject of future conditional use permit requests. Aggregate Industries's
application contains a map of their current and future mining operations (see "Overview
Map" in the attached application). Aggregate Industries is proposing to use conveyors to
bring materials to this property, which will be considered in a future request. Their
facility for maintenance that can't be done in the field, is on the east side of Highway 169
and is shown on the attached "Overview Map". This shop is covered under a previous
conditional use permit
TRAFFIC
Aggregate Industries is proposing to temporarily use 213th Ave. to access US Trunk
Highway 169. This intersection has protected turn lanes, but does not have acceleration
lanes. Staff recommends that Aggregate Industries direct their traffic south via Co. Rd 77
to the altered Highway 169/Co. Rd. 33 interchange, when it is completed. It is
anticipated that this new interchange will be complete in 2004. For the majority of the
time from now until then, Aggregate Industries will still be mining the Nemeth property
and using its access. If, for some unforeseen reason, the new interchange at Highway
169/Co. Rd. 33 does not materialize, staff recommends that Aggregate Industries be
required to petition the Minnesota Department of Transportation to have acceleration
lanes added to the 213th Ave./Highway 169 intersection.
GROUND WATER
Aggregate Industries's wash operation will utilize a great deal of water. To minimize the
effects of this operation on the water table, they use a two celled pond system. Water
used to wash gravel is directed to the first cell where sediment is allowed to settle out.
The overflow from this cell then proceeds to a second cell where the water is recycled
back into the wash operation. This system greatly reduces the amount of water that needs
to be pumped out of the ground for the wash operation.
A pump test that was done as part of the city's EIS on Mineral Excavation and our
experience from the drought of the late 1980's, revealed that residential wells in this area
may be stressed by the appropriation of large amounts of water. The attached conditional
use permit (CUP) contains language to avoid this problem, including a requirement to
curtail wash operations if necessary. The attached CUP also contains additional testing
requirements regarding groundwater.
HOURS OF OPERATION
Aggregate Industries are requesting to operate outside of the normal hours of operation,
which are 7:00 a.m. to 7:00 p.m., Monday through Saturday. They are requesting that
their hours of operation are from ~6:00 a.m. to 2:00 a.m., which are the hours they are
currently allowed to operate at the Nemeth pit. In other locations within the city,
Aggregate Industries has demonstrated their ability to mitigate negatives effects
associated with their operations. The CUP includes remedies, if these hours prove to be
an annoyance to surrounding properties. However, the residences to south of the
proposed mine will be extremely close to the operation. Staff is unsure whether or not
Aggregate Industries can adequately address issues like noise, vibration, and dust.
Staff has had discussions with Aggregate Industries and the residents immediately to the
south of the proposed mine. In the spirit of compromise, staff is recommending that city
try Aggregate Industries's proposed hours, but that they are not allowed to mine that
portion of their site that lies within Section 16 until, if and when, they own the properties
to the south of their site. This moves Aggregate Industries operation approximately 320
feet further to the north. In addition, staff is recommending that alternatives to back-up
alarms (strobe lights or microwave sensors) are used outside of the normal hours of
operation. The petitioner and the residents to the south are agreeable with trying this
compromise.
SETBACKS
Aggregate Industries are proposing to use topsoil from the site as a berm between their
operation and the adjacent road and residences. The proposed berm will work well for
protecting 213th Avenue from erosion and for traffic safety. A description of the berm is
included in Aggregate Industries's application. The proposed berm is 95 feet wide. The
cities minimum setback from mining activities to adjoining properties used for residential
purposes is 50 feet.
FENCING
The city's Mineral Excavation Ordinance requires fencing around ponding areas that are
one and one-half (1 ½) feet deep or more. Fencing is also required adjacent to steep
slopes (the cut face of the mining operation). Aggregate Industries is proposing to fence
the south, west and north sides of their site to keep unwary trespassers from the inherent
dangers of a mining operation. Aggregate Industries will be mining into the proposed
site (east to west) from their existing pit on the Nemeth property. No fence is proposed
along the common boundary between these two pits, which is east side of the proposed
mine.
OTHER ISSUES
Numerous other issues that are of concern with a mining operation have been adequately
addressed in Aggregate Industries's application. Staff chose to elaborate only of the most
significant issues in this memo.
RECOMMENDATION
The Planning Commission is recommending approval of Aggregate Industries's request
to conduct mining activities on the property in question under the stipulations and
conditions found in the attached CUP based on the following findings:
Aggregate Industries's proposal, including their proposed reclamation, is
consistent with the City of Elk River's EIS on Mineral Excavation,
Comprehensive Plan, Mineral Excavation Ordinance and Zoning Ordinance.
The City of Elk River's long range planning anticipated mining as an interim use
on the property in question, when it was zoned Mineral Excavation Overlay
Zoning District.
The operation will not result in the loss of natural, scenic or historic features of
major importance and it does not appear to have the potential for significant
environmental effects.
The conditions placed on:the operation adequately protect adjacent properties and
the city from detrimental affects from the operation due to excessive traffic, noise
odor, smoke, fumes, glare, dust or vibration.
The conditions placed on the operation require it to comply with all appropriate
City, State and Federal requirements.
City of
iver
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE: CU 01-06
Aggregate Industries - Elk River Plant
Conditional Use Permit Application - West Property
Elk River, Minnesota
Februaryl4.2001
Aggregate .Industries - Elk River Plant
Conditional Use Permit Application
Elk River, Minnesota
February 16, 2001
TABLE OF CONTENTS
Application
Conditional Use Permit - Narrative
2001 Operaiions Plan Map ...................................................
Bem~ and Planting Plan .........................................................
Overview Map ....................................................................
Grading Plan .....................................................................
Bond - City of Elk River ......................................................................
Certificate of h~surance .................................................................... :.--
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Conditional Use Permit No.
CITY OF ELK RIVER
APPLICATION FOR CONDITIONAL USE PERMIT
Date: 12/6/00
Owner Aggregate Industries, Inc. - North Central Region
Address 2915 Waters Road, Suite 105, Eagan, MN
Miner Aegregate Industries, Inc. - North Central Region
Address 2915 Waters Road, Suite 105, Eagan, MN
Consultant Engineer/Surveyor N/A
Address
. _Phone Number (651)-683-0600
Phone Number (651)-683-0600
Phone Number
Location of Property
West of Nemeth Property
Legal description
and/or PID No. of
each separate parcel
to be mined or
approved to be m/ned.
~5-109-4400
Acres to be mined
in forthcoming year
and acres already
mined but not
reclaimed.
$20/acre
13 acres to be mined.
0 acres m/ned but not
reclaimed.
Acres Approved
but not being
mined in forth-
confing year.
Acres to be
reclaimed in
forthcoming.
$5/acre
SO/acre
37 acres
Acres of past
reclamation.
Totals $260 $250 0
Application for Mineral Excavation
Is washing or crushing part of the operation? Crushin~ & washin~
On what highway, street, or other Public way will material for removal be hauled or carried? County Road 33. &
169
What, if any, street, avenue, lane, alley, highway, right of way, thoroughfare or public ground will be constructed?
N/A
IT SHALL BE THE RESPONSIBILITY AND THE BURDEN OF THE APPLICANT TO DEMONSTRATE TO
THE CITY BUILDING AND ZONING ADMINISTRATOR FOR THE CITY OF ELK RIVER THAT THE
PROPOSED EXCAVATION COMPLIES WITH THE APPLICABLE CITY ORDINANCES OF ELK RIVER.
SAID BURDEN SHALL INCLUDE THE FURNISHING OF A REPORT WITH SUPPORTING
CALCULATIONS OF A REGISTERED PROFESSIONAL ENGINEER, IF REQUIRED.
SUBMISSION REQUIREMENTS: The following items shall be submitted at the time of application at the
discretion of the Building and Zoning Administrator.
A) Completed application form; B) Completed legal description and or parcel identification number for each
separate parcel to be mined, C) Map or plat of the proposed excavating showing location and amount of material
proposed to be removed with a description of the area; D) The depth to which such removal is proposed throughout
the area and the proposed angle of all slopes to be shown on a 2' contour map at a scale or 1" = 50' or larger. The
proposed and original contours shall be shown including all property within 150' of proposed excavation and shall be
signed by engineer or surveyor registered in the state of Mirmesota; E) Erosion Control Plan; F) Affect on existing
utilities on streets; G) Protection of site by erection of suitable fence, guard or barricade; H) This year's plans
reclamation; I) Application fee, calculated after site inspection by Building and Zoning Adn'dnistrator; J) Bond, letter
of credit, or deposit of monies in a sum sufficient to pay the cost of this year's reclamation, the cost of repairing
streets, utilities, and to pay such expenses as the City may incur as a result of issuing this permit; K) public liability
insurance; L) Copies of all applicable permits and licenses from other government agencies.
FOR OFFICIAL USE ONLY
* Amount of license Payment Date:
*Note: All City Consultant time will be charged back as petitioners.
Amount of Bond Letter of credit or deposit of money
Permit fee
/~n*a tur e o f Prop~,~w~er/Contractor Date
Signature of Property Owner/Contractor
Date
Liability insurance
Aggregate Industries - Elk River Plant
Conditional Use Permit Application for Mining - West Property
Elk River, Minnesota
Narrative
Aggegate Industries (A.I.) is seeking approval fi.om the City of Elk River to permit 50-acres on the
west property for sand and gravel mining. As depicted on the 2001 Operations Plan (attached), A.I.
proposes to mine west from the Julius Nemeth property. The plan of action is to begin stripping the
area of topsoil and overburden at the beginning of 2001 and then begin mining in early spring. Once
approximately 50-acres is stripped and mined in this area, A.I. would relocate the sand and gravel
wash plant from its present location onto this 50-acre site. The time fi.me for the move is scheduled
for 2003-2004.
Until the wash plant is.moved, all customer trucking will continue tO use the current plant entrance
on the Julius Nemeth property. After the plant is relocated, the prefen-ed truck route will be onto
213th Street to U.S. Highway 169. This route will be subject to a safety review by the City and
MNDOT and rnay require some alterations at the Highway 169 intersection. The reconstruction of
Highway 33 may provide an additional truck route.
The xvash plant at the new site will consist of the existing equipment ~vith some efficiency
modifications. The settling ponds and recycling ponds will be relocated in the northwest comer of
this 50-acre site. We will have to drill a new well, which will be similar to the existing.well in depth
m~d capacity, depending on the requirements of a well permit. We will continue to recycle the wash
water, using the new well for "make up" water.
A berm will be constructed around the southeast comer of the new plant site to provide a visual and
noise barrier for the residents to the south. The berm will average 15-feet in height, with some
variations to provide visual appeal. It will be constructed with 3:1 slopes on the outside and 2:1
slopes on the inside. It will be seeded and the south side will be planted with a mixture of evergreen
trees of various sizes. Refer to the attached Berm and Planting Plan.
Ultimately mining will proceed to the south of this new Plant site onto the entire mineral bearing
property owned by Aggregate Industries. The current plan is to mine the far south property (South
of 33) after finishing the Nemeth property. Refer to the attached Overview Map for approximate
mine phasing. This new plant site will accommodate all future mining activities by Aggregate
Industries on its property west of U.S. Highway 169. The raw sand and gravel will be conveyed to
this new plant site fi.O1T1 all future extraction sites. The conveyor route ~vill be established in the near
future.
The Enviromnental Impact Statement (EIS) anticipates that the finished grades in this part of the
mining area will be sloping from east to west. The floor elevation for this 50-acre site will be higher
than the EIS estimated, but will slope east to west. Refer to the attached Grading Plan.
2,!3 th ~treet
Mining
Stripping
Reclaimed
Proposed Reclamation
Topsoil Stockpile
Legend
Overburden Stockpile
Concrete and/or Asphalt Rubble
Settling Pond
Property Line
~kGGREGATE INDUSTRIES - ELK RIVER NEMETH AND
NEST PROPERTY
2001 OPERATIONS PLAN
-_ITY OF ELK RIVER, MN
AGGREGATE
'INDUSTRIES
PREPARED BY:
AGGREGATE INDUSTRIES
2915 WATERS ROAD
SUITE 105
EAGAN, MINNESOTA
(651) 683-0600
DECEMBER 20, 2000
Aerial Flown November 15, 2000
0 400 Feet
N
TOE OFBERM
5'
10' '"'
10'
PROPERTY LINE
TYPICAL PLANTING PATTERN
PLANTING LEGEND
4'-6' CONIFEROUS TREE - 20
2'-4' CONIFEROUS TREE - 40
BAREROOT CONIFEROUS TREE - 60
BERM
1
2
SECTION
BERM AND PLANTING PLAN
AGGREGATE INDUSTRIES ~ ELK RIVER PLANT'
OVERVIEW MAP
CITY OF ELK RIVER, MN
AGGREGATE
INDUSTRIES
PREPARED BY:
AGGREGATE INDUSTRIES
2915 WATERS ROAD
SUITE i 05
EAGAN, MINNESOTA
(651) 683-0600
DECEMBER 20, 2000
Aerial Flown November 15, 2000
1,1 O0 Feet
N
10~2.7
AGGREGATE INDUSTRIES - ELK RIVER PLANT
GRADING PLAN
CITY OF ELK RIVER, MN
I PREPARED BY:
AGGREGATE INDUSTRIES
2915 WATERS ROAD
SUffE 105
AGGREGATE EA~A". M'""5~OTA
(651) 683-0600
INDUSTRIES JANUA~ 37, ~Om
1
t
I
~'ective Date: February 13, 1998'
Bond No. SUN61912
KNOW ALL MEN BY THESE PRESENTS, That we, CAM. AS Minnesota. Inc.
of 2915 Waters Road. Suite 105. Eazan, MN 55121 ., as Principal, and Hartford Fire
Insurance Comoanv. Hartford Pla7~- Hartford, CT 06115 ._as Surety, are held mad firmly
botmdtmto Ciw of Elk River. 13065 0tone Parlovav. Elk River. MN 55330 hereirm~er
called the Obligee, in the penal sum of Five Thousand and No/100---~. Dollars ($5,000.0Q),
lawful money of the United States of America to be paid to said Obligee, for wkich payment well
and. truly to be made, we bi.nd ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Signed with .our hands and sealed with our seals this, the_2?a _day of December.,
A.D.1997 ..
WHEREAS, a LICENSE or PER_MIT has been granted by the obligee to the above
bounded Principal author/zing him
Permit to Cover Reclamation
Now therefore, the Condition of this Obligation is suck, that if the said Principal shall
faitb_%lly observe .the provisions of the Laws, Ordinances, and Resolutions, governing the
issuance of this License or Permit, then this Obligation shall be null and void, otherwise to
remain in full force and effect.
- Wimess '
The Surety may cancel this bond at any time by filing with the Obligee thirty (30) days
written notice of its desire to be relieved of liability. The SureTM shall not be discharged from
any liability already accrued 'under this bond, or which shah accrue hereunder before the
expiration of the thirty day period.
CAM_-kS Minnesota- Inc.
Principal_
Wimess
Hartford Fire Insurance Com~anv
Wheeler, Attorney-In-Fact
Exhibit E
Marsh USA Inc.
200 CTarendon $:
Boston. MA 02116
COMPANIES AFFORDING COVERAGE
A TRAVET.~RS INOE~fNZTY CO
URE~
C.~A5 M~nnesota. Inc. O/BIA Aggregate Industries.
Inc. North Oan~ral Re~ion
2915 Waters Road
£aqan. ~ 55121
t C~MPANY . ·
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DTwITHSTANDING ANY REO. UIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wITH RESFECT TO WHICH THE CER~FJ~'-ATE MAY
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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 ,
2001, by and between the CITY OF ELK RIVER, a municipal corporation
organized under the laws of the State of Minnesota (City), and Aggregate
Industries-North Central Region, Inc., 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 Southeast Quarter of the Southeast Quarter (SE 1/4, SE 1/4) of
Section 9, and the north 320 feet of the Northeast Quarter of the
Northeast Quarter (NE 1/4, NE 1/4) of Section16, all in Township 33,
Range 26, Sherburne County, Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use
permit, at which hearings all citizens of the City of Elk River and other
interested parties have had the opportunity to be heard on the
application; and
WHEREAS, the City Council by motion adopted March 19, 2001,
approved a conditional use permit for the operation of a gravel mining
operation (the Operation) on the Property, subject to certain conditions,
including that Operator enter into a Conditional Use Permit Agreement
with City so as to fully comply with the City's Mineral Excavation,
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 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.) Warranty of Operator- Operator hereby warrants and
represents to the City, as inducement to the City's entering into this
agreement, that the Operator has a valid lease for the operation and the
fee owner of the subject property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to
the Operation:
(01) This Conditional Use Permit authorizes Mineral Excavation
(gravel) from the Property.
(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 four (4) working days of the violation.
(04) The operation shall be subject to gravel tax collected by the
County, a portion of which the City receives.
s: \b&z\stever \gravcup.doc
Page 3
(05)
(06)
(07)
(08)
(09)
(10)
Violations of this Conditional Use Permit may result in
suspension or revocation.
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.
The City's approval of this Conditional Use Permit is subject
to the approval of appropriate permits by other governmental
agencies.
No explosives shall be allowed for this operation.
Reclamation
ao
Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
operator.
Each year a plan for that year's reclamation shall be
approved by the Building and Zoning Administrator
prior to issuance of the mineral excavation license.
The reclamation shall include topsoil from the site
being preserved and put back into place after mining.
do
Revegetation of the property shall include seeding with
a mixture approved by city staff accompanied by a
nurse crop. The vegetation established for the
reclamation must be maintained until it is self-
sufficient.
Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the
plans submitted and the City ordinance at the time of
reclamation. Additional measure as determined by
city staff may be required.
Traffic
Except for localized jobs, traffic through Elk River associated
with this operation shall be limited to U.S. Highway 10 and
169. The operator may temporarily use 213th Ave. to access
s: \b&z\stever \gravcup.doc
Page 4
Highway 169. No later than January 1, 2005, the city will
determine if the operator shall redirect traffic from their
facility to the County Road 33/Highway 169 interchange or
petition the Minnesota Department of Transportation for
acceleration lanes at the 213th Avenue/Highway 169
intersection.
Dust Control
ao
A permit from MPCA regarding air emissions shall be
obtained when required and particulate emission
standards shall be met by the operation.
bo
All equipment shall be located as to reduce dust to
adjacent properties.
Co
Water, but no chemical agents, shall be used to
control dust when necessary.
do
The City reserves the right to require additional
measures to be taken, if warranted by dust problems,
including but not limited to reducing stock pile
heights.
(12) Hours of Operation
The operator will be allowed to mine, process, and sell
product on the site from 6:00 a.m. until 2:00 a.m. and
maintain equipment 24 hours a day, as long as the operation
does not constitute a nuisance to surrounding properties as
determined by city staff. If complaints can not be resolved,
the Building and Zoning Administrator may, as a remedy,
adjust the hours during which mineral excavation activities
are conducted,: ultimately reverting back to the normal hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
Upon approval of the Building and Zoning Administrator, or
his/her designee, sale (hauling product off-site} may occur
outside of the permitted hours [on a temporary basis not to
exceed seven (7) days] to address an unique situation.
Alternatives to back-up alarms will be used from dawn to
dusk.
s: \b&z\stever \gravcup.doc
(13)
(14)
(15)
(16)
(17)
Page 5
Noise
ao
The noise from screening and crushing associated with
this operation shall be controlled by equipment
location on site, the erection of sound barriers, the
placement of stockpiles, and the type of equipment
used.
bo
Noise levels associated with this operation shall at no
time exceed State standards.
The City reserves the right to require additional
measures be taken, if warranted by noise.
Lighting
Lighting from the operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. All sources of
artificial light shall be so fixed, directed, designed, or sized
that the minimum subtotal of their illumination shall not
increase the level of the illumination on nearby residential
property by more than .1 foot candles in or within twenty-
five (25) feet of a dwelling, or more than .5 foot candles on
any part of the adjacent property.
The piling, storing, or keeping of old machinery, junk, debris,
or abandoned motor vehicles, shall be prohibited on this site,
with the exception that reusable parts may be stored on the
mineral excavation site provided that it is in a location that
cannot be viewed from adjacent properties or is totally
screened.
Mining activities shall not cause excessive vibration off site.
If excessive vibration becomes an issue, the City reserves the
right to take appropriate measures to alleviate the problem.
Groundwater protection measures shall include:
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.
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The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
Fuel tanks shall be above ground, properly diked (if
required by law), and registered with MPCA.
All incidences that have the potential to adversely
affect groundwater, including but not limited to spills,
shall be verbally reported to the City within 24 hours.
This verbal notification shall be followed up in writing
within four (4) working days.
The appropriate storm water permits shall be obtained
by the Operator from MPCA.
The wells located at the site shall be monitored once a
year for diesel range organics (DRO). If mining is to
occur below the water table, the above wells shall be
monitored for DRO prior to excavation activities
commencing and after their cessation each year.
Further, in the event of a spill, appropriate water tests
will be taken until the spill is deemed clean by the city.
A two cell system to recycle water from the wash
operation shall be utilized.
Groundwater levels shall be monitored in the wells
located at the site prior to the start of wash operations
and an additional three (3) times during the first week
of said operation to predict the long term effects of the
pump operation. Thereafter, the aforementioned wells
shall be tested a minimum of twice per month, said
frequency to be increased during dry periods. This
routine testing shall also be done for the water
recycling pond. A drop in water levels of twelve (12)
inches or more shall be immediately reported to the
city.
Water usage by mining activities shall not adversely
affect adjacent residential wells. Mitigative measures
may include, but are not limited to, curtailing of
pumping activities until water levels return.
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Page 7
4.)
(18) Signage
Signage for the operation shall be that which is permitted for
an industrial operation in a medium industrial zone.
(19) Fencing
The operator shall fence the west, south and north sides of
the site with a four (4) foot high fence with support post
every ten (10) feet. If city staff determines other areas
warranted fencing for safety reason, it shall be required as
part of the operator's yearly mineral excavation license.
(20) Berming
Berms shall be constructed on the site as described in the
operator's application.
(19) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
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 of this
Agreement.
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Page 8
(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, Minnesota 55330-0490
If to the Operator at: Aggregate Industries-North Central Region,
Inc.
ATTN: Bob Bieraugel
2915 Waters Road, Suite 105
Egan, Minnesota 55121
(06) Incorporation by 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
OPERATOR/FEE OWNER:
Aggregate Industries-North
Region, Inc.
Central
By:
Its: Mayor
By:
By:
Its: City Administrator
By:
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Page 9
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 2001, by Stephanie A. Klinzing, the
Mayor of THE CITY OF ELK RIVER, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
day of , 2001, by Patrick D. Klaers, the City
Administrator of THE CITY OF ELK RIVER, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
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Page 10
STATE OF MINNESOTA
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this __
day of , 2001, by , the
of Aggregate Industries-North Central Region,
Inc., a Minnesota corporation, on behalf of the corporation and fee
owner of the subject property.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 2001, by , the
of Aggregate Industries-North Central Region,
Inc., a Minnesota corporation, on behalf of the corporation and fee
owner of the subject property.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Zoning Department
13065 Orono Parkway/ PO Box 490
Elk River, MN 55330
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