5.1. PCSR 08-08-2006ITEM ~ 5.1.
ver
MEMORANDUM
TO: Planning Commission
FROM: Rebecca Haug, Environmental Administrator
DATE: August 8, 2006
SUBJECT: Amend Conditional Use Permit for Mineral Excavation by
Bauerly Bros./ P.H. CU 06-20
Request: Bauerly Bros., Inc. is requesting to operate an asphalt plant and trucking
operation on the Ernest Toth site for the construction of state, county, township and local
roadways. The Hot Mix Asphalt plant is portable and will remain to be portable. No
permanent structures will placed on-site. Some areas will be leveled to allow placement of
equipment. The site was included in the City of Elk River's 1994 Environmental Impact
Statement (EIS) on Mineral Excavation.
Attachments: Included with this memo is a revised Conditional Use Permit (CUP).
Below is a list of other information on this issue. Please let staff know if you need additional
copies.
- a vicinity map;
- a layout map of the proposed asphalt plant.
Issues•
Hours -The applicant is requesting to work 24 hours during construction season
and winter maintenance
Noise -The applicant will meet all EPA noise level requirements. Berms will be
used to reduce the effects of any noise generated.
Air QualitX -The applicant has a current MPCA Air Quality permit. All of their
equipment has been tested and passed air emission standards that pertain to its
location and operations. They also have a valid hot mix asphalt air emission permit.
Hazardous waste -The applicant does not handle any hazardous waste. All fuel
tanks are either double-walled or placed with a landfill liner below them for spill
containment.
Stormwater - No water will be leaving the site. The applicant's NPDES permit
with the MPCA requires them to contain storm water on-site and protect
groundwater.
Haul roads -The haul roads and pit entrances will be watered regularly to control
air borne dust and if necessary the use of calcium chloride will be utilized in
accordance with MPCA regulations. 225`h Avenue will serve as the main access/haul
route. Signs will be posted. Parking will be contained on-site.
Recommendation: Staff is recommending approval of this request under the conditions
contained in the attached conditional use permit. Representatives from Bauerly Bros. Inc
are in agreement with those conditions.
CITY OF ELK RIVER
REGULAR MEETING OF THE
CITY COUNCIL
-------------------------------------------------------------------------------------------------------------
AGENDA
Monday, August 7, 2006
6:30 p.m.
Elk River City Hall
ITEM NUMBER
I. CALL MEETING TO ORDER
2. CONSIDER COUNCIL AGENDA
3. CONSENT AGENDA
3.1. Council Minutes
^ 7/ 10/06
^ 7/ 17/06
^ 7/24/06 Special
3.2. Check Register
3.3. Resolution Designating Maximum Household Income
Level for Deferral of Special Assessments for 2006 and
Application for Deferral of Special Assessment
3.4. Temporary On-Sale 3.2 Percent Malt Liquor License-Elk
River Lions
3.5. Tobacco License-Ken's Smoke Shop, Inc.
3.6. Massage Therapist License-Roanne Euerle
3.7. Resolution Authorizing Execution of Safe and Sober
Communities Agreement
3.8. Authorization to Hire Senior Planner
3.9. Resolution Appointing Election Judges for the 2006
Elections
3.10. Consider Change Orders for Highland Improvement
4. OPEN MIKE
ACTION
TAKEN
5. PLANNING
5. I . Resolution for Denial of Request for Rezoning By
Crystal/Timothy Thomsen, Case No. ZC 06-04
6. ADMINISTRATION
6.1. Discuss Council Worksession Agendas
6.2. Authorization to Award Contract for 2006
Neighborhood Park Projects
6.3. Request Clarification of July 10, 2006 Council Motion on
Pay Study
6.4. Downtown Traffic Control
6.5. Set Special Meeting Date to Canvass Results of Primary
Election
7. OTHER BUSINESS
8. COUNCIL UPDATES
9. STAFF UPDATES
10. ADJOURNMENT
T CONSENT AGENDA ITEMS are considered to be routine and noncontroversial by the Council and will be approved by
one motion. There will be no separate discussion of these items unless a Councilmember, staff member, or citizen so requests, in
which case the item will be removed from the consent agenda and considered under the regular agenda.
"This agenda is available in alternate formats upon a 72 hour advanced notice. "Auxiliary aids and services are also
available upon a 72 hour advanced notice. Please contact the City Clerk at (763) 635-1000 to make a request.
Examples of alternate formats may include: large print, Braille, audio tape, etc." Examples of auxiliary aids may
include a sign language interpreter, assistive listening device, etc."
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J' Location Map
City of
El -~ N
R1VeP Case Number: CU 06-20 BAUERLY BROTHERS
BAUERLY
BUtLOING
BETTER
COMMUNITIES
June 23, 2006
City of Elk River
Rebecca Haug, Environmental Administrator
13065 Orono Parkway
Elk River MN 55330
RE: Conditional Use Permit Application -Asphalt Operations
Ernest Toth Property
To Whom It May Concern:
The purpose of this correspondence is to provide information to the City of Elk River for a
Conditional Use Permit application for an asphalt plant and trucking operations on the Ernest
Toth property.
OWNER:
Richard Toth (Ernest Toth)
22191 Highway 169 NW
Elk River MN 55330
(763) 441-2508
APPLICANT:
Bauerly Bros., Inc.
4787 Shadow Wood Drive NE
Sauk Rapids, MN 56379
(320) 251-9472
LEGAL DESCRIPTION:
See attached legal on site plan -
Section 03, Township 33N, Range 26W, City of Elk River N Township, Sherburne County,
Minnesota.
PURPOSE:
This application is for a Conditional Use Permit is to operate an asphalt plant and trucking
operations on the Ernest Toth site for the construction of state, county, township and local
roadways.
4787 Shadow Wood Dr. NE Sauk Rapids, MN 56379-9690
320.251.9472 Fax 320.251.0011
~ ~~-~~
The actual asphalt plant equipment covers an area approximately 200' x 300' in the proposed
operation area. A layout of the asphalt plant equipment can be found on the site plan maps.
We are requesting 24 hours during the construction season, and winter maintenance.
Bauerly Bros., Inc. will meet all EPA noise level requirements during the time we are allowed
to operate. Berms will be used to reduce the effects of any noise generated from our
operations.
Bauerly Bros., Inc. equipment has been tested and passed air emission standards that
pertain to its location and its operations. We do not handle any hazardous waste at our
asphalt plants. All our fuel tanks are either double-walled or placed with a landfill liner below
them for spill containment. Our asphalt plants are equipped with bag houses for pollution
control equipment. As stated by the MPCA, fabric filters are rated to be 99% efficient in their
effectiveness to capture and control pollution.
We operate under current MPCA Air Quality and Stormwater permits. Bauerly Brothers, Inc.
holds a valid hot mix asphalt plant air emission permit. We will meet all EPA noise level
requirements. Stockpiles will be placed to aid in the reduction of noise.
The existing drainage pattern at this site will not change, drainage will occur on site. There
will be no water leaving this site, changes in vegetation include the area to be graded slightly
at the start of operations, to place equipment and stockpile storage areas. Overburden
topsoil will be stored in berms surrounding the asphalt operations and serve as a screening
barrier, as well as the stockpiles. Approximately 1.6 acres in size will be utilized for
operations.
There will be no impact on groundwater quality provided run-ofF is properly controlled. Our
NPDES permit with the MPCA is to contain storm water and protect the groundwater on the
site. Water drains vertically on site.
Haul roads and pit entrances will be watered regularly to control air borne dust and if
necessary calcium chloride will be used in accordance with MPCA regulations. 225th Avenue
will serve as our access/haul route. Signs will be posted to indicate truck traffic/hauling.
The parking area for employees is contained on the site.
4787 Shadow W ood Dr. NE Sauk Rapids, MN 56379-9690
320.251.9472 Fax 320.251.0011
OPERATIONS:
The proposed project will consist of all equipment necessary to operate an asphalt plant.
This will consist generally of a HMA drum for heating and drying aggregate and mixing
aggregate with asphalt cement (AC), storage tanks for fuels, AC and HMA, aggregate
operations, recycled asphalt operations and aggregate and recycle stockpiles.
The HMA production site will be located on an existing gravel mining site. That site is active
and has a current, valid conditional use permit. Bauerly Bros., Inc. is currently leasing the
site. Aggregate for the production of HMA at the proposed HMA plant will come from both
the on site gravel operation and off site sources, in order to meet current asphalt
specifications.
As stated above a HMA production site includes the storage and processing of aggregate
material and AC. Aggregate is combined with AC to produce asphalt.
Currently, the HMA plant is portable. It is a piece of equipment that enters and leaves the
site on wheels. At this time, there will not be any permanent structures constructed.
Portable temporary storage tanks are placed at the time of operations that contain diesel fuel
for trucks and engines, fuel for the HMA plant burner (used oil and type 6 fuel oil) and A.C.
Tanks meet MPCA requirements. The tanks will be either double walled or bermed with
landfill liners below them.
Existing bituminous asphalt removed from a road as part of a paving project and new shingle
scraps from manufacturing are recycled. All recycled bituminous asphalt associated with a
particular paving project is stored and processed on site as part of hot mix asphalt
production. The recycling operation includes a conveyor, hopper, loader, grinder and the
asphalt plant. Recycled bituminous asphalt can also be used as road base if there is more
than can be used by a particular project.
As noted above, some area will be leveled to allow placement of equipment. This will not be
a significant change in existing topography. The site is currently being mined for sand and
gravel. Because it is mined, the interior slopes change. The area has existing berms.
Vegetation has been and is established on those berms and will not be disturbed. All
drainage water will be contained on site. Slopes on existing berms are currently stabilized
with vegetation. If berms were added (possibly for noise minimization) they would be sloped
no greater then 3:1 and planted with a pasture mix.
Asphalt plant operations are placed a minimum of 3' above ground water, as recommended
by the MPCA
4787 Shadow Wood Dr. NE Sauk Rapids, MN 56379-9690
320.251.9472 Fax 320.251.0011
Thank you for your review of this information. If you have any questions prior to the public
hearing regarding these submittals, please contact me at (320) 529-4241 or Ron Klinker at
(320) 529-2725.
Sincerely,
~,~`U
Holly Brisk
Environmental Assistant
Bauerly Bros., Inc.
Enclosures
4787 Shadow Wood Dr. NE Sauk Rapids, MN 56379-9690
320.251.9472 Fax 320.251.0011
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT NO. 97-02
FOR MINERAL EXCAVATION
This Conditional Use Permit No. 97-02 was approved by the City Council of the City
of Elk River on June 23, 1997, and amended by the City of Elk River on this day
of 2006, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City), and Bauerly
Bros.. 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 west half of the southeast quarter (W 1/2 of SE ~/), and the west half of
the southeast 1/ of the southeast 1/ (E %2 of SE 1/ of SE 1/), and the east half
of the southeast ~/ of the southeast 1/ (E %2 of SE 1/ of SE 1/), all in Section 3,
Township 33, Range 26, Sherburne County, Minnesota. All in the west half
of the south half of the southwest quarter (W % of S 1/2 of SW 1/), Section 2,
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, on this day of
2006 an amended conditional use permit for the operation of a
gravel mining operation (the Operation) on the Property, subject to certain
conditions, including that Operator enter into a conditional use permit
agreement with City so as to fully comply with the City's Mineral Excavation,
Zoning, and other applicable ordinances; and
Page 2
WHEREAS, the City's Zoning Ordinance requires that a conditional
use permit be issued and that a conditional use permit agreement for mineral
excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual
promises and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement -Except as otherwise provided herein, this
Agreement shall constitute the Conditional Use Permit for the Property and,
to be executed by City and Operator, shall govern the 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 is the fee owner of the subject property or has a valid lease for the
operation and the fee owner of the subject property shall also enter into this
agreement.
3.) Conditions- The following general conditions shall apply to the
Operation:
(O1) 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.
(M) 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.
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
Page 3
(04) The license shall be renewed annually and shall run from June
1St through May 31St. The annual license fee is that which is
specified by the Elk River City Council at time of renewal. This
license fee is not in lieu of gravel tax collected by the County, a
portion of which the City receives.
(05) Violations of this Conditional Use Permit may result in
suspension or revocation.
(06) The City Environmental Administrator and/or his/her agents
shall be permitted to inspect the Operation for compliance with
the conditions of this permit during normal hours of operation.
(07) The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agencies.
(08) No explosives shall be allowed for this operation.
(09) Reclamation
a. Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
Operator.
b. Each year a plan for that year's reclamation shall be
approved by the Environmental Administrator prior to
issuance of the mineral excavation license.
c. The reclamation shall include topsoil from the site being
preserved and put back into place after mining.
d. Revegetation of the property shall include seeding with a
mixture approved by city staff accompanied by a nurse
crop or approved mulch. The vegetation established for
the reclamation must be maintained until it is self-
sufficient.
e. Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the plans
submitted and the City ordinance at the time of
reclamation. Additional measure as determined by city
staff may be required.
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
Page 4
(10) Traffic
a. Except for localized jobs, traffic through Elk River
associated with the Operation shall be limited to U.S.
Highway 10 and 169. The Operator will route traffic from
the Operation to the County Road #33 and Highway 169
interchange as directed by the Minnesota Department of
Transportation or the City of Elk River.
(11) Dust Control
a. A permit from MPCA regarding air emissions shall be
obtained when required and particulate emission
standards shall be met by the Operation. This permit and
all other correspondence between the Operator and MPCA
shall be copied to the City.
b. All equipment shall be located as to reduce dust to
adjacent properties.
c. A water truck shall be on site at all times when mining
activities are taking place to control dust as necessary.
Chemicals shall not be use for dust control.
d. The City reserves the right to require additional
measures to be taken, if warranted by dust problems,
including but not limited to reducing stock pile heights.
(12) Hours of Operation
The operator will be allowed to mine, process and sell product on
the site from 6:00 a.m. until 2:00 a.m. and maintain equipment
24 hours a day, as long as the Operation does not constitute a
nuisance to surrounding properties as determined by city staff.
If complaints can not be resolved, the Environmental
Administrator may, as a remedy, adjust the hours during which
mineral excavation activities are conducted, ultimately
reverting back to the normal hours of 7:00 a.m. to 7:00 p.m.,
Monday through Saturday. Upon approval of the
Environmental Administrator, or his/her designee, sale (hauling
product off site) may occur outside of the permitted hours (on a
temporary basis not to exceed seven (7) days) to address an
unique situation. Alternatives to back-up alarms will be used
from dawn to dusk.
(13) Noise
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
Page 5
a. As deemed necessary by city staff, noise from screening
and crushing associated with this Operation shall be
controlled by equipment location on site, the erection of
sound barriers, the placement of stockpiles, and the type
of equipment used.
b. Noise levels associated with this Operation shall at no
time exceed State standards.
c. The City reserves the right to require additional
measures be taken, if warranted by noise.
(14) 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 0.5 foot candles on any part of the
adjacent property.
(15) The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on this site, with
the exception that reusable parts may be stored on the mineral
excavation site provided that it is in a location that cannot be
viewed from adjacent properties or is totally screened.
(16) Mining activities shall not cause excessive vibration off site. If
excessive vibration becomes an issue, the City reserves the right
to take appropriate measures to alleviate the problem.
(17) Groundwater protection measures shall include:
a. The Operator shall file with the City an Emergency Spill
Prevention and Counter Control Plan and a Storm Water
Pollution Prevention Plan as may be required by other
governmental entities. The Operator shall adhere to
these plans in the event there is a spill.
b. The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
Page 6
c. Fuel tanks shall be above ground, properly diked (if
required by law), and registered with MPCA.
d. All incidences that have the potential to adversely affect
groundwater, including but not limited to spills, shall be
verbally reported to the City within 24 hours. This verbal
notification shall be followed up in writing within four (4)
working days.
e. The appropriate storm water permits (NPDES) shall be
obtained by the Operator from MPCA and copied to the
City.
£ The wells located at the site shall be monitored once a
year for diesel range organics (DRO). Mining activities
shall not take place closer to ground water levels than
indicated in the plans submitted without amending this
conditional use permit; however, if mining is proposed to
occur below the water table in the future, the above
referenced wells shall be monitored for DRO prior to
excavation activities commencing and after their
cessation each year. Further, in the event of a spill,
appropriate water tests (as determined by the city) will be
taken until the spill is deemed clean by the city.
g. Except for minor repairs, maintenance of vehicles and
equipment shall take place in the Operator's shop. The
Operator shall have an approved hazardous waste license
for this facility and properly dispose of all waste.
h. A minimum of atwo-celled system to recycle water from
the wash operation shall be utilized.
i. Water usage by mining activities shall not adversely
affect adjacent wells. Mitigative measures may include,
but are not limited to, curtailing of pumping activities
until water levels return.
(18) Signage
Signage for the operation shall be that which is permitted for an
industrial operation in a medium industrial zone, with the
exception that billboards are not allowed.
(19) Fencing
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Page 7
The Operator shall fence the entire perimeter of the site with a
four (4) foot high fence with support post every ten (10) feet.
(20) Oakwilt
Cutting of trees between April 15 and July 15 is prohibited. The
Operator shall take other measures deemed appropriate by the
Sherburne County Forester to control oakwilt, such as, but not
limited to: debarking or destroying fallen diseased trees prior to
April 15th, not leaving roots exposed and avoiding mechanical
damage on remaining trees.
(21) Bermin~
The Operator shall erect berms adjacent to 225th Ave NW as
required by the City of Elk River.
(22) Other Permits
The Operator shall obtain all state and federal permits
appropriate to their operation and file copies of said permits
with the City.
4.) General Provisions-
(O1) 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.
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
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: Environmental Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: Bauerly Bros., Inc.
ATTN: Holly Brisk
4787 Shadow Wood Dr NE
Sauk Rapids, Minnesota 56379
(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
By:
Its: Mayor
By:
Its: City Administrator
OPERATOR/FEE OWNER:
Bauerly Bros., Inc.
By:
Its:
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
Page 9
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
2006, by Stephanie A. Klinzing, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
Page 10
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
2006, by Lori Johnson, the Interim City Administrator
of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day
of , 2006, by ,the
of Bauerly Bros.. Inc., a Minnesota corporation, on
behalf of the corporation, fee owner of a portion of the subject property
and Operator on the subject property.
Notary Public
This instrument was drafted by: City of Elk River
Environmental Dept.
13065 Orono Parkway
Elk River, MN 55330
s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc
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