5.2. SR 06-15-2009REQUEST FOR ACTION
To Item Number
City Council 5 , 2 ,
Agenda Section Meeting Date Prepared by
Communi Develo ment une 15, 2009 Rebecca Hau ,Environmental Admin
Item Description Reviewed by
Request by Knife River Conditional Use Permit to Amend
Existing CUP to Allow Washing Operation, Case No. CU 09-14 Reviewed by
- Public Hearing
Action Requested
Staff and the Planning Commission recommend approval of the conditional use permit
amendment as presented with the following conditions:
1. All comments from the memo dated June 4, 2009, from Mark Olson, Liesch
Associates, Inc., shall be addressed.
Background/Discussion
The applicant wishes conditional use permit amendment approval to place a portable wash plant
at the Ernest Toth Site. The wash plant water would be recycled through a ponding system where
water is contained and stored in a holding pond within the area of the wash plant operation.
This amendment does not effect any other regulations in place, including hours of operation,
noise or dust controls, etc.
One public comment was made during the Planning Commission public hearing on June 9, 2009,
regarding whether this would change the hours of operation and increase truck traffic. The
applicant responded that neither would change. The Planning Commission had no concerns.
Financial Impact
None
Attachments
• Staff report to the Planning Commission dated June 9, 2009
• Draft CUP Amendment
• Location Map
• Memo from Liesch Associates, Inc., dated June 4, 2009
• Applicant's Narrative
• Proposed Washing Operations map
• MN Dept. of Natural Resources Water Appropriation Permit Notification Form
Action Ylotion by Second by Vote
Follow Up
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
Plannin Items une 9, 2009 Rebecca Hau ,Environmental Admin
Item Description Reviewed by
Request by Knife River fox a Conditional Use Permit
amendment to allow washing/processing operations at the Reviewed by
Ernest Toth site, Case No. CU 09-14
Action Requested
Staff supports a Planning Commission recommendation of approval of the Conditional Use Permit
request, with the following conditions:
1. All comments from the memo dated June 4, 2009 from Mark Olson, Liesch
Associates, Inc., shall be addressed.
Background/Discussion
The applicant wishes conditional use permit amendment approval to place a portable wash plant at the
Ernest Toth Site. The water would be pumped out of the area that is being into the water table. The
wash plant water would be recycled through a ponding system where water is contained and stored in a
holding pond within the area of the wash plant operation.
Financial Impact
None
Attachments
• Location Map
• Memo from Liesch Associates, Inc., dated June 4, 2009
• Applicant's Narrative
• Proposed Washing Operations map
• MN Dept. of Natural Resources Water Approp~ation Permit Notification Form
Case File: CU 07-19
Page 2
General Information
Ag~,ttegate Industries
Steve Bruhn
Applicant Knife River
60 Day Rule The application has been deemed complete as of April 28, 2009.
The City must take action by June 28, 2009.
Requested Action Conditional Use Permit Amendment Approval
Location and Size Approximately 200 acres east of Hwy 169 and south of 225" Ave
Location Existing Use Land Use Plan Designation Current Zoning
Subject Mineral Commercial Reserve CRT (ME)
Property Extraction
North Agriculture Commercial Reserve CRT
South Mineral Commercial Reserve CRT (ME)
Extraction
East Agriculture Rural Residential A-1 (ME)
West Barton Sand & Mining A-1
Gravel
Overview
The subject property has been used as a gravel operation for a number of years, and has received the
appropriate Conditional Use Permit for mineral extraction. Any amendment to a conditional use,
unless expressly approved in the original CUP, requires a new CUP.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location.
7. lYlill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, con fort, convenience orgeneral welfare of the neighborhood or the
city.
2. I,Vill be consistent with the comprehensive plan.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
4. 1-Vill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
avill not, in particular, create tra~c congestion or interference with tra~c on ad acent and neighboring public
thoroughfares.
S:\PLANNING MAIN\Case Files\CUP\CU 09-14 Knife River\Knife River SR to PC.doc
Case Pile: CU 07-19
Page 3
Aggregate Industries
Steve Bruhn
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. 1-Vill not result in the destruction, loss ar damage of a natural scenic or historic feature of major importance.
7. Dill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit to establish and operate the proposed use in the city.
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.
Analysis
The operation of a wash plant will be consistent with the existing operations at the site. The
applicant received approval to mine into the water table in 2006 and the operation will utilize the
water from the areas that have been excavated below the water table. Washing is expected to be
seasonal and intermittent depending on market demand. The applicant is required to meet noise
level requirements set by the Environmental Protection Agency (EPA) and will use berms to reduce
the effects of noise generated from the operation dw-ing their permitted hours. The site currently
operates under a MPCA Air Quality and Stormwater Permit.
Recommendation
Staff supports a recommendation of approval, subject to the conditions outlined above.
Respectfully Submitted
Rebecca Haug
Environmental Administrator
Action Motion by Second by Vote
FOllow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-14 Knife River\Knife River SR to PC.doc
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of , 2009,
by and between the CITY OF ELK RIVER, a municipal corporation organized under the
laws of the State of Minnesota (City), and Knife River, 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 wash operation within the City on property legally described as
follows:
The west half of the southeast quarter (W '/z of SE '/a), east '/z of the southeast '/a of the
southeast '/4 (E '/z of SE '/a of SE '/a), all in Section 3, Township 33, Range 26, Sherburne
County, Minnesota. And the west half of the south half of the southwest quarter (W '/z of S
'/z of SW '/a), 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 approved an amendment to the conditional
use permit, allowing a gravel washing 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
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
Page 2
The existing Conditional use Permit recorded as Document #346384 (recorded July
9, 1997, approved June 23, 1997) is hereby amended to include, in Section 3:
(25) Gravel wash operations
Operator may conduct gravel wash operations, subject to the following conditions.
a. Identify and/or confirm the location of nearby groundwater wells
(groundwater receptors) and surface water receptors on and immediately
surrounding the mining and gravel washing operation and document their
proximity to the washing operations on a map.
b. Install a water table monitoring well or wells at the site and generally between
the washing operation and the nearby groundwater receptor(s). Survey the
monitoring well(s) for horizontal and vertical control and identify their location
on a site map.
c. Measure and record water elevations at the monitoring well(s) within
approximately one week of initiating pumping of water from the dug pit for
washing, mid-way during washing and within one week upon cessation of
washing operations.
d. Conduct water quality testing of samples collected from monitoring well(s)
for diesel range organics (DRO), BETX, pH (field), temperature (field) and
specific conductance (field) prior to and at the cessation of washing operations
on an annual basis.
e. In the event of a spill, washing operations should be terminated until such
time that the extent and potential impact from the spill can be determined
through testing as determined necessary by the City.
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 RNER OPERATOR
Knife River
By:
By:
Its: Mayor
By:
Its:
Its: City Clerk
FEE OWNER
Richard Toth -Trustee
By:
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Page 3
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
2009, by Stephanie A. Klinzing, the Mayor of THE CITY OF
ELK RNER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Tina Allard, the City Clerk of THE CITY OF ELK
RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
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Page 4
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by ~ the
of Knife Rivet, a Minnesota corporation, on behalf of the
corporation and Operator on the subject property.
Notary Public
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Richard Toth-Trustee, Fee Owner of the subject
property.
Notary Public
This instrument was drafted by: City of Elk River
Environmental Division
13065 Orono Parkway
Elk River, MN 55330
s:\planning main\case files\cup\cu 06-20 bauerly\gravcup-amend bauerly wash plant 2009.doc
r~EC~iU~~ .~~~~ 0 5 ¢C~~
LI~~CH
I-IYDROGEOLOGISTS ^ ENGINEERS ^ ENVIRONMENTAL SCIENTISTS
June 4, 2009
City. of Elk River
Rebecca Haug, Environmental Administrator
13065 Orono Parkway
,.:• e..: rr~~n
EIk River, 1vliIIiiC~U~u. J~:i~+I
RE: Knife River Co. (Toth Property) Proposed Gravel Washing Operations
Dear Ms Haug:
On behalf of the City of Elk River, Liesch Associates, Inc. (Liesch) has reviewed the proposed
gravel washing operations for the Knife River operation located on the Ernest Toth property within
the Elk River Gravel Mining District. The proposed. gravel washing .operations. requires a
Minnesota Department of Natural Resources Water Apprapriations Permit for.which an application
has been submitted by the applicant. It is understood that washing operations will utilize water
from areas that have been excavated below the water table and that washing is expected to be
seasonal and intermittent depending on market demand. The pumping rate is estimated at 250 gpm
with an annual volume of up to one-million gallons.
Liesch recommends that the following tasks be considered with respect to the proposed gravel
washing operation:
• Identify and/or confirm the location of nearby groundwater wells (groundwater receptors) and
surface water receptors on and immediately surrounding the mining and gravel washing
operation and document their proximity to the washing operations on a map.
• Install a water table monitoring well or wells at the Site and generally between the washing
operation and the nearby groundwater receptor(s). Survey the monitoring well(s) for horizontal
and vertical control and identify their location on a Site map.
• Measure and record water elevations at the monitoring well(s) within approximately one-week
of 'initiating pumping of water from the dug pit for- washing, mid-way during washing and
within one-week upon cessation of washing operations.
• Conduct water quality • testing of samples collected' from .monitoring .:.well(s) for diesel range
organics (DRO), BETX, pH (field), temperature (field) acid specific conductance (field) prior to
and at the cessation of washing operations on an annual basis.
www.liesch.com
LIESCH ASSOCIATES, INC. ^ 13400 15TH AVENUE NORTH ^ MINNEAPOLIS, MN 55441 ^ 7631489-3100 ^ FAX: 763/489-3 I O I
Page 2
June 4, 2009
• In the event of a spill, washing operations should be terminated until such time that the extent
and potential impact from the spill can be determined through testing as determined necessary
by the City.
If you have any questions or comments regarding the above recommendations please contact me at
(763) 489-3134 or John Lichter (763) 489-3120 at your convenience.
Sincerely,
LIESCH ASSOCIATES, INC.
~~ ~~
Project Manager
cc: John Lichter
W:\env\64815\wash operations Itr 5-29-09.doc
A
www.liesch.com
THE LIESCH COMPANIES ® MINNEAPOLIS ® CHICAGO ~ LOS ANGELES ~ MADISON ® MILWAUKEE ® PHOENIX
AN MDU RESOURCES COMPANY
4187 Shadow Woad Dr. NE
Sauk Rapids, MN 56379
(320) 251-9472
(320) 251-0011 FAX
April 23, 2009
City of Elk River
Rebecca Haug, Environmental Administrator
13065 Orono Parkway
Elk River MN 55330
RE: Conditional Use Permit Application Amendment -Washing Operations
Toth Property
Dear Rebecca:
The purpose of this request is to provide information to the City of Elk River for a
Conditional Use Permit application amendment to allow washing/ processing
operations on the Ernest Toth site.
Owner
Richard Toth Trustee (Ernest Toth)
1714 Maple Court
St. Cloud MN 56304
(320) 229-3839
Applicant•
Knife River
4787 Shadow Wood Drive NE
Sauk Rapids MN 56379
(320) 251-9472
Leal Description:
W 1/2 - SE 1/4 - SE 1/4 and the W 1/2 , E 1/2 - SE 1/4 - SE 1/4, and S 1/2 - SW 1/4
Sections 02-03, Township 33N, Range 26W, City of Elk River N Township, Sherburne
County, Minnesota.
Additional Information:
A portable wash plant will be placed on site; water will be pumped out of the area that
is being mined into the water table. The wash plant water will be recycled through a
ponding system where water is contained and stored in a holding pond, which is
located within the area of the wash plant operations. Stockpiling of processed material
will be placed strategically around the operational area.
An Equal Opportunity Employer
AN MDU RESOURCES COMPANY
4787 Shadow Wood Dr. NE
Sauk Rapids, MN 56379
(32D) 251-9412
(320) 251-0011 FAX
The recycling pond will be approximately 25' (wide) by 200' (long) with an approximate
depth of 15'. No wastewater is discharged off site as a part of this operation. A DNR
Water Appropriations permit has been applied for regarding a dug pond and pulling
water for washing purposes (Permit # 97-0005). The amount of water used for washing
will be determined by market demand and projects in the area.
The type of equipment which will be used for washing aggregate includes the use of
portable wash plant and stacking conveyors. A loader will feed the material to the
indicated equipment above for processing operations.
The following materials will be used for local city, county, state projects within the area,
for aggregate base to roads and/ or products used for asphalt operations.
Knife River operates under current MPCA Air Quality and Stormwater permits. We
will meet all EPA noise level requirements. Stockpiles will be placed to aid in the
reduction of noise.
Knife River 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.
The existing drainage pattern at this site will not change. 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 operational area.
Thank you for your review of this information, if any questions please contact me at
(320) 529-4241.
Sincerely,
Holly Brisk
Environmental Assistant
Knife River
Enclosures
pn Equal Opportunity Employer
DEPARTMENT OF NATURAL RESOURCES
', oaPanma~, o, ! Water Appropriation General Permit Notification Form
I Na,ural Resources)
General Permit 97-0005 requires that the DNR be notified at least five days before the start of water appropriations. Please fill in the items
listed below and fax, mail or email this form to the appropriate Area Hydrologist for the county in which the water appropriation is
located. This notification form is only for temporary appropriations authorized by General Permit 97-0005 that total less than 50 million
gallons and are completed within one year.
Applicant Name: Contact Person
or Agent:
Knife River Corporation -North Central Holly Brisk
Address:
4787 Shadow Wood Drive NE Sauk Rapids MN 56379
Telephone: FAX:
320.529.4241 320.251.001 1
Purpose: ^ Construction Dewatering ^ Hydrostatic Testing of Pipelines or Tanks
(Check one or morej ®Landscaping or Dust Control ^ Hydrostatic Testing of Wastewater Ponds
Project Description (include depth of wells, dewatering depth, well size, etc):
gravel pit -dug pond for the purpose of pulling water for washing aggregate material anddust control on site located on the Ernest
Toth gravel site
Source of Water and how it will be appropriated:
a dug pond(s) located onsite within the property line of the Toth's property which is leased by Knife River, which roan agreement
for the purpose of a dug pond for washing aggregate and dust control measures. The site is currently permitted for mining into the
water table with the City of Elk River which issued Knife River a Conditional Use Permit in Dec'O5.
Legal Description of Point of Taking: (Please include a map)
Sherburne County: Quarter Section or Gov. Lot see attached mao, Section 03, Township 33N, Range 26W.
Estimated Pumping Rate: Estimated Volume of Water to be Appropriated Start of Pumping (date): End of Pumping (date):
(may not exceed 50 million gals): ,
250 gpm Approx June 1, 2009 12-31-09
1,000,000
Point of discharge for water: (Please include a map showing the discharge site)
Quarter Section or Gov. Lot ,Section ,Township ,Range
Name or Description of Receiving Water:
Signat~~ f ApplicanC (By signing, I certify the information submitted is true and correYct the best of my knowledge) Date:
.f'i 1 ~ n t ~-, 3-30-09
REQUIREMENTS - Please read the conditions below before commencing «ppropriut/opt.
The temporary appropriation may commence 5 days after receipt of this form by the Area Hydrologist, or upon verbal approval of
the Area Hydrologist, provided that all conditions of General Permit 1997-0005 are satisfied. If a natural resource conflict is
expected, the Area Hydrologist will contact the applicant and advise them that the General Pe-mit cannot be used.
Please note that a $101 water use fee is required for all projects that exceed 15 million gallons. If the estimated volume sho~~m
above exceeds I S million gallons, the applicant will receive an Invoice from the State of Minnesota domandin~ payment of the $101
water use fee. In all cases.. after completion of the project, the enclosed "Report of Water Use" form must be completed and
transmitted to the address shown on the form.
rAX or mail this form so that it will be received by the appropriate Area Hydrologist at least five days before the
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4737 Shadow 1Nood ar. N~
Sauk ~aplds,'MN 56379
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,tune 15, 2009
.. -City o~ Ells Riper ~ .. .. ..
Rebecca Haug, Environmental Administrator
~30~5 krona parkway
Ells River, NAT 5530
Dear 1V~s. Haug,
~Te have reviewed the proposed arnendrr~ent to Conditional ~Jse permit #343 84 as presented in
the City Council packet as item 5.2. ~ni~'e River has no objections to the conditions as proposed
and hope the City Council will approve the planning Commission recommended arnendrnent.
'hank you for your help with this application.
Sincerely,
Ron ~linl~er
Environmentallyand }Development Mana er
g
knife River
An equal 4p~or~unity employer