6.4. SR 06-18-200113065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
Item ~
MEMORANDUM
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR ~C
6./4.
DATE:
JUNE 18, 2001
SUBJECT:
CONDITIONAL USE PERMIT
REQUEST FOR MINERAL
EXCAVATION BY TILLER
CORPORATION CU 01-20/P.H.
REQUEST
Tiller Corporation is requesting an amendment to their existing conditional use permit to
mine, crush, screen, and sell sand and gravel products from the site in question. Their
permit also covers an existing hot-mix asphalt plant as an accessory use to thc mineral
excavation. Tiller's attached application contains a great deal of detail regarding their
operation.
The property is currently zoned A-l/Agricultural with the Mineral Excavation Overlay
Zoning District applied to it and was included in the city's Environmental Impact
Statement on Mineral Excavation. A yearly mineral excavation license is required for the
operation, which includes the hot-mix asphalt plant.
LOCATION
The affected property is located north and south of 221 st Avenue just west of US Trunk
Highway 169. A vicinity map is included in Tiller's application. The property lies in
Sections 3, 4 & 9, Township 33, Range 26, Sherburne County, Minnesota. A complete
legal description can be found in both Tiller's application and the proposed conditional
use permit included with this memo.
GENERAL SITE INFORMATION
The site is not considered prime, of statewide or of local importance farm ground. It is
however, wooded. The Minnesota Biological Survey identifies a dry-oak woodland to
dry-mesic woodland on the site. The City of Elk River's Environmental Impact
Statement (EIS) on Mineral Excavation considered the woods in this area. It was
determined that the city can not require that the property remain vacant and undisturbed,
depriving a property owner a reasonable use of their property. However, buffers would be
required to save trees where possible. The other option would be for a government entity
to purchase the property and leave it undisturbed. With an increasing demand for gravel
and a dwindling supply, it is highly unlikely that the property is for sale.
Phone: 763.441.7420
Fax: 763.441.7425
www. ci.elk-river, mn.us
There is one wetland in the southwest corner of the site, north of 221 st Avenue. One
hundred-forty feet of buffer will be maintained between this wetland and excavation
activities.
TRAFFIC
The attached permit limits Tiller to using US Trunk Highways 169 and 10 through Elk
River, via 221st Avenue, which is paved. Highway 169 has acceleration lanes and
protected turn lanes in both directions at its intersection with 221 st Avenue.
LAND SWAP
Tiller is proposing to swap property with C.S. McCrossan Construction, Inc.. Tiller will
give C.S. McCrossan property to the north of their current parcel, giving them access to
221 st Avenue. McCrossan's will'give Tiller property adjacent to the west boundary of
their land lying south of 221 st Avenue. Figure 2 and also the three maps in the attached
application show the locations of the parcels being traded.
Although the Tiller's property being traded is currently permitted for mineral excavation,
C.S. McCrossan will need their own permit in the future to mine in this location. The
property being given to Tiller from C.S. McCrossan is included in Tiller's amended
permit.
Additionally, Tiller's amended application includes a portion of property McCrossan is
retaining ownership of. Tiller will mine this property and McCrossan will mine a portion
of Tillers in the future. This arrangement is to make logical boundaries between these
properties, stopping the mining in a valley versus the top of a ridge. It may be many
years between Tiller's mining and McCrossan's. The contour lines on the maps included
in the application show this mining outside of the property boundaries. McCrossan will
be required to enter into Tillers conditional use permit as a consenting property owner.
GROUND WATER
Tiller is proposing to remain a minimum of five feet above water table with mining
activities and the hot-mix plant. To mine closer to or into the water table raises
additional concerns and requires an amendment to this permit. Washing of gravel has
been purposely omitted from Tiller's site due to concerns that appropriating large
amounts of water would cause contamination at the Elk River Landfill to migrate
laterally faster. Other stipulations related to ground water can be found in the attached
conditional use permit.
HOURS OF OPERATION
Tiller is requesting to the normal hours of operation for mineral excavation, which are
7:00 a.m. to 7:00 p.m., Monday through Saturday. They are asking that exceptions be
made for the hot-mix asphalt plant when a paving job requires it. An example is State
Highways, which are paved at night to avoid heavy traffic times.
SETBACKS
Tiller is proposing fifty foot setbacks adjacent to 221 st Avenue and US Trunk Highway
169 and a two hundred foot buffer adjacent to the City's Railroad Hiking Trail. No
setback is proposed between Tiller's operation and the McCrossan property (which was
discussed previously in this memo). Finally, a thirty foot setback is proposed between
mining activities and a two hundred foot wide buffer required of the Elk River Landfill
on their property. Staff feels these setbacks are appropriate.
HOT-MIX ASPHALT PLANT
The hot-mix asphalt plant has special concerns regarding odor and air emissions. Staff
has addressed these concerns by adding stipulations in the attached conditional use
permit. An air emissions permit is also required by the Minnesota Pollution Control
Agency.
Basically, when weather conditions cause a problem with odor from the plant (during an
inversion) the amount of recycled asphalt used in the mix is cut back or recycled asphalt
is eliminated from the mix altogether, if need be. The recycled asphalt magnifies the
odor. The last resort is to shut down the plant until weather conditions permit it to restart.
Complaints should first go to the plant operators. They are the ones that can response in
the most timely manner. Unresolved complaints then go to city staff and ultimately to the
Planning Commission and City Council. An adjacent property owner has complained in
the past about this operation. Tiller has met with this person to address his issues.
OTHER ISSUES
Other issues such as: screening, signage, fencing, oakwilt, vibration, dust and lighting are
addressed in the attached conditional use permit. Staff will be able to elaborate on these
at the meeting, if the Council wishes.
RECOMMENDATION
The Planning Commission recommends approval of Tiller Corporation's request to
amend their conditional use permit for mineral excavation on the property in question
under the stipulations and conditions found in the attached CUP based on the following
findings:
Tiller Corporation's proposed excavation, reclamation plan, and hot-mix asphalt
plant are 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 and the hot-mix asphalt plant is an accessory use to mining.
The operation does not appear to have the potential for significant environmental
effects.
The conditions placed on ~he 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.
I
PROPERTY ADDED TO TILLER'SI
MINING OPERATION (iB.55 A) -
I
ProPErTY REMOVED
FROM TILLER'S MINING
OPERATION (5.,.31 A)
221ST
/Y
NEW MINING LIMITS ON
McCROSSAN PROPERTY
BEYOND TILLER
BOUNDARY (2.,34 A)
PROPERTY ADDED TO TILLER'S
MINING OPERATION (5.31A)
REVISIONS
TO M NINO
FIGURE 2
LIMITS
BIO
LAKE TWP
Io
W
2215t AVE. NW
ELK .RIVER
MISSISSIPPI RIVER
OSTEGO
UN'PC
LOCATION
FIGURE
MAP
1
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 TILLER
CORPORATION, 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:
See Attached Exhibit "A",
(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 June 18, 2001,
approved a conditional use permit for the operation of a gravel mining
operation and hot-mix plant (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 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:
(01)
This Conditional Use Permit authorizes mineral excavation
(gravel) from the Property and the operation of a hot-asphalt
mix plant.
(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. 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.
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Page 3
(04)
(05)
(06)
(07)
(08)
(09)
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.
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.
bo
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.
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.
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:\b&z\stever\gravcup.doc
Page 4
(10)
(11)
(12)
Traffic
ao
bo
Except for localized jobs, traffic through Elk River
associated with this Operation shall be limited to 221st
Avenue to U.S. Highway 10 and 169.
Minimum four feet high berms shall be maintained
adjacent'to US Trunk Highway 169 and 221st Avenue
until time of final reclamation.
Dust Control
ao
bo
A permit from MPCA regarding air emissions shall be
obtained when required and particulate emission
standards shall be met by the Operation.
Co
All equipment shall be located as to reduce dust to
adjacent properties.
do
Water, but no chemical agents, shall be used to
control dust when necessary.
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."
Hours of Operation
All mineral excavation, processing, and sales activities shall
be conducted between the normal hours of 7:00 a.m. and
7:00 p.m., Monday through Saturday, except the hours for
the hot-mix asphalt plant may be extended by the Building
and Zoning Administrator for special cases.
(13) Noise
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.
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Page 5
bo
Noise levels associated with this Operation shall at no
time excbed State standards.
The City reserves the right to require additional
measures be taken, if warranted by noise.
(14) Air Emissions
The MPCA air emission permits for all equipment
associated with the mining and hot-mix asphalt
operations shall remain current.
A maximum of 20% opacity is. allowed for emissions
from the hot-mix asphalt plant.
Co
Baghouse fines are allowed to be used in the hot-mix
asphalt.
do
That the baghouse filter is inspected for leaks once per
month during the construction season with the results
copied to the City.
Particulate emission standards be met by the plant
operation (maximum of .04 GR/DSCF for l~he hot-mix
asphalt plant).
fo
That all correspondence between the Operator and
MPCA be copied to the City.
(15) 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 f~xed, 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.
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Page 6
(16)
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 locatim3 that
cannot be viewed from adjacent properties or is totally
screened.
(17)
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.
(18) Groundwater protection measures shall include:
ao
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.
bo
The Operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
Co
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.
eo
The app,r, opriate storm water permits shall be obtained
by the Operator from MPCA.
The existing well located at the site and any future
wells added for the operation shall be monitored once
a year for diesel range organics (DRO).
go
Stockpiles of recyclable asphalt not be placed in
surface water and run-off from these stockpiles be
directed away from surface waters. Further, the size of
the stockpiles is limited to the amount of material that
can be used in one year, but one years worth may be
stored over winter.
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Page 7
That the mining and hot-mix asphalt operations take
place a minimum of five feet above the water table.
Any deviation to this stipulation shall require an
amendment to this permit.
Gravel washing operations are prohibited at this site
and will require an amendment to this permit to be
allowed in the future.
The Operator shall have an approved hazardous waste
license for this facility and properly dispose of all
waste.
(19)
(20)
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.
Fencing and Screening
ao
Co
The perimeter of the sites shall be fenced with a four
foot high fence with warning signs placed where
appropriate.
To further aid screening, trees shall be planted on the
berms adjacent to US Trunk Highway 169 and 221st
Avenue in accordance to the approved landscape plan.
A Two hundred (200) foot wide buffer strip adjacent to
the right-of way of the City's Railroad Hiking Trail shall
have natural vegetation retained on it.
(21)
Oakwilt
Cutting of trees between April 15 and July 15 is prohibited.
The Operator shall take other measures deemed appropriate
by tl~e Sherburne County Forester to control oakwilt, such
as, but not limited to: debarking or destroying fallen
diseased trees prior to April 15% not leaving roots exposed
and avoiding m. echanical damage on remaining trees.
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Page 8
(22) Odor
Odor from the hot-mix asphalt operation shall be controlled.
If weather conditions make odor noticeable, the percentage
of recycled asphalt shall be reduced. If extreme odor
problems persist, the plant may be ordered to temporarily
shut down by city staff until weather conditions allow its
reuse. If odor problems can not be resolved by the Operator,
the Planning Commission for the City shall review the
situation with a public hearing and make a recommendation
to the City Council on whether or not the operation of the
hot-mix asphalt plant shall be allowed to continue.
(23) 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-
(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 sh~ll 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.
(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.
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Page 9
(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:
Tiller Corporation
ATTN: Michael Caron
P.O. Box 1480
Maple Grove, Minnesota 55311-6480
(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:
Tiller Corporation'
By: By:
Its: Mayor
By: By:
Its: City Administrator
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Page 10
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 ELI( 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 1 1
STATE OF MINNESOTA
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this __
day of ., 2001, by , the
of Tiller Corporation, 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 C.S. McCrossan Construction, Inc., a
Minnesota corporation, on behalf of the corporation and fee owner
of the subject proper.~ty.
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
s: \b&z \ stever \gravcup.doc
EXHIBIT "A"
1 .) Legal Description of New Parcel of Property to be added to site:
That part of the Southeast Quarter of the Southeast Quarter of Section 4,
Township 33, Range 26, Sherburne County, Minnesota, which lies
easterly and southeasterly of the southeasterly line of a 200 foot wide
strip of land, and its northerly extension, its centerline described as
follows:
Commencing at the southeast corner of said Southeast Quarter of the
Southeast Quarter of Section 4: thenCe South 89 degrees 42 minutes 21
seconds West, assumed bearing, along the south line of said southeast
Quarter of the Southeast Quarter of Section 4, a distance of 1279.14
feet to the point of beginning of said centerline to be described: thence
North 26 degrees 33 minutes 44 seconds East, a distance of 1212.16
feet: thence northeasterly a distance of 238.84 feet along a tangential
curve, concave to the northwest, with a central angle of 04 degrees, 46
minutes, 37 seconds and a radius of 2864.79 feet, to the intersection
with the north line of said Southeast Quarter of the Southeast Quarter of
Section 4, and said centerline there terminating.
AND which lies northerly of that part of the centerline of 221st Avenue as
described in Sherburne County Recorder Document Number 317893,
described as follows:
Commencing at the southeast corner of said Southeast Quarter of the
Southeast Quarter of Section 4: thence north 00 degrees 32 minutes 21
seconds West, assumed bearing, along the east line of said Southeast
Quarter of the Southeast Quarter, a distance of 346.29 feet, to the
intersection with said described centerline of 221st Avenue, said
intersection being the point of beginning of the centerline to be described:
thence South 89 degrees 42 minutes 57 seconds West along said
centerline a distance of 490.64 feet; thence continuing along said
centerline a distance of 90.67 feet along a tangential cUrve concave to
the south, having a radius of 521.00 feet, and a central angle of 09
degrees 58 minutes 16 seconds; thence continuing along said centerline
South 79 degrees 44 minutes 41 seconds West, tangent to said curve a
distance of 754.89 feet to the intersection with the west line of said.
Southeast Quarter of the Southeast Quarter of Section 4, and said
centerline there terminating.
Subject to the existing easement of 221 ~' Avenue as described in
Sherburne County recorder Document number 317893.
And
2.) Legal Descriptions of Parcels to be transferred:
Parcel A is being removed from the permitted mining area and Parcel B is
being added to the permitted mining area.
Parcel A: That part of the Southwest Quarter of Section 3, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Beginning at the Southwest corner of said Southwest Quarter; thence
South 89 degrees 58 minutes 24 seconds East, assumed bearing along
south line of said Southwest Quarter, a distance of 759.63 feet; thence
North 00 degrees 01 minutes 36 seconds East a distance of 263.05 feet
to the centerline of 66.00 foot street, utility and drainage as described in
document number 317893; thence northwesterly along said centerline
and a non-tangenial a distance of 306.10 feet, having a central angle of
33 degrees 39 minutes 45 seconds, a radius of 521.00 feet, and a chord
bearing of North 73 degrees 27 minutes 10 seconds West; thence North
89 degrees 42 minutes 57 seconds East, along said centerlineand
tangent to last curve, a distance of 473.80 feet to the West line of the
Southwest Quarter of Section 3; thence North 00 degrees 32 minutes 21
seconds West, along said West line a distance of 346.29 feet to the point
of beginning.
Parcel B: That part of the Northwest Quarter of Section 10, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northwest Quarter; thence
South 89 degrees 58 minutes 24 seconds East, assumed bearing along
the north line of said Northwest Quarter, a distance of 965.80 feet to the
point of.beginning of the land to be described; thence South O0 degrees
01 minute 36 seconds West a distance of 1121.92 feet to the South line
of the North 1121.92 feet of said Northwest Quarter; thence North 89
degrees 58 minutes 24 seconds West, along said South line, a distance of '
206.17 feet; thence North O0 degrees O1 minute 36 seconds East a
distance of 1121.92 feet to the North line of said Northwest Quarter;
thence South 89 degrees 58 minutes 24 seconds East, along said North
line, a distance of 206.17 feet to the point of beginning.
3.) Legal Description of Original Site
The Northeast Quarter of the Southeast Quarter of Section 4,
Township 33 Range 26, lying east of railroad right-of-way except the
northern 525 feet.
And
And
The East ½ of the Southwest ¼ of Section 3, Township 33, Range 26
lying West of US 169, Except the northerly 525'
The W ½ of the SW ¼ of Section 3, Township 33, Range 26, Except
the north 525 feet thereof
That part of the North 1121.92 feet of the Northwest Quarter of
Section 10, Township 33, Range 26, Sherburne County, Minnesota
lying east of a line which begins at a point on the north line of said
Northwest quarter distant 965.801 feet east, as measured along the
north line from the northwest corner thereof; thence south at a right
angle 1121.92 feet; and lying west of the westerly right-of-way line of
U.S. Highway No. 169 as laid out and traveled in 1963.
April 27, 2001
TILLER CORPORATION
APPLICATION
FOR AN AMENDMENT TO
CONDITIONAL USE PERMIT FOR
MINERAL EXCAVATION
ELK RIVER,
MINNESOTA
..... ~'~' SUNDE
ENGINEERING, INC.
4200 West Old Shakopee Road, Suite 230
Bloomington, MN 55437-2967
..................................................................................................... (952) 881-3344 .....................................................................................................
TILLER CORPORATION
APPLICATION FOR AN
AMENDMENT TO
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
AND HOT-MIX ASPHALT PLANT
CU 97-19
ELK RIVER, MINNESOTA
I. INTRODUCTION
Tiller Corporation is seeking an amendment to their existing Conditional Use
Permit for Mineral Extraction on a parcel of land located in the northern
portion of Elk River. The original CUP was issued in 1997 and includes a
parcel of property that encompasses approximately 133 acres. The proposed
amendment involves the revision of mining limits at two areas of the site.
One of the mining limit revisions includes the addition of an18.55 acre parcel
of property north of 221st Avenue. This additional parcel of property fills in
the southwest corner of the site north of 22 lS' Avenue. The western portion
of this site is adjacent to the City's trail system. A 200-foot setback will be
maintained along the western edge of the parcel resulting in an additional
10.71 acres of mining area. The 200-foot setback will remain vegetated and
undisturbed providing a buffer for the trail.
The second area of mining revisions is south of 221st Avenue. A property
transfer of two 5.31 acre parcels between Tiller Corporation (Tiller) and C.S.
McCrossan, Inc. will result in the extension of the Tiller site south of 221st
Avenue to the west approximately 200 feet and the removal from the Tiller
site a piece of property lying immediately south of 221st Avenue. Proposed
mining limits extend beyond Tiller's new property boundary to the West to
allow better conformance to existing topography.
Figure 1 is a general location map of the site and Figure 2 illustrates the
proposed revisions to the mining operation.
All other site operations are proposed to remain the same and include mining,
processing and stockpiling of aggregate, stockpiling and processing of
recyclable concrete and asphalt and the operation of a hot-mix asphalt plant.
LIVONIA
TWP.
SIT
221st AVE. NW
BIG
LAKE
TWP
ELK RIVER
MISSISSIPPI RIVER
OSTEGO
W
COUNTY
JUNTY
LOCATION
FIGURE
MAP
1
1
PROPERTY ADDED TO TILLER'SI
MINING OPERATION (18.55 A)
I
PROPERTY REMOVED
FROM TILLER'S MINING
OPERATION (5.31 A)
221ST A'V[NU[
NEW MINING LIMITS ON
McCROSSAN PROPERTY
BEYOND TILLER
BOUNDARY (2.54 A)
MINING OPERATION (5.31A)
PROPERTY ADDED TO TILLER'S
REVISIONS
TO MINING
FIGURE 2
LIMITS
II. SITE INFORMATION
1 .) Legal Description of New Parcel of Property to be added to site:
That part of the Southeast Quarter of the Southeast Quarter of Section 4,
Township 33, Range 26, Sherburne County, Minnesota, which lies
easterly and southeasterly of the southeasterly line of a 200 foot wide
strip of land, and its northerly extension, its centerline described as
follows:
Commencing at the southeast corner of said Southeast Quarter of the
Southeast Quarter of Section 4: thence South 89 degrees 42 minutes 21
seconds West, assumed bearing, along the south line of said southeast
Quarter of the Southeast Quarter of Section 4, a distance of 1279.14
feet to the point of beginning of said centerline to be described: thence
North 26 degrees 33 minutes 44 seconds East, a distance of 1212.16
feet: thence northeasterly a distance of 238.84 feet along a tangential
curve, concave to the northwest, with a central angle of 04 degrees, 46
minutes, 37 seconds and a radius of 2864.79 feet, to the intersection
with the north line of said Southeast Quarter of the Southeast Quarter of
Section 4, and said centerline there terminating.
AND which lies northerly of that part of the centerline of 221st Avenue as
described in Sherburne County Recorder Document Number 317893,
described as follows:
Commencing at the southeast corner of said Southeast Quarter of the
Southeast Quarter of Section 4: thence north O0 degrees 32 minutes 21
seconds West, assumed bearing, along the east line of said Southeast
Quarter of the Southeast Quarter, a distance of 346.29 feet, to the
intersection with said described centerline of 221 st Avenue, said
intersection being the point of beginning of the centerline to be described:
thence South 89 degrees 42 minutes 57 seconds West along said
centerline a distance of 490.64 feet; thence continuing along said
centerline a distance of 90.67 feet along a tangential curve concave to
the south, having a radius of 521.00 feet, and a central angle of 09
degrees 58 minutes 16 seconds; thence continuing along said centerline
South 79 degrees 44 minutes 41 seconds West, tangent to said curve a
distance of 754.89 feet to the intersection with the west line of said
Southeast Quarter of the Southeast Quarter of Section 4, and said
centerline there terminating.
Subject to the existing easement of 221st Avenue as described in
Sherburne County recorder Document number 317893.
4
2.) Legal Descriptions of Parcels to be transferred:
Parcel A is being removed from the permitted mining area and Parcel B is
being added to the permitted mining area.
Parcel A: That part of the Southwest Quarter of Section 3, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Beginning at the Southwest corner of said Southwest Quarter; thence
South 89 degrees 58 minutes 24 seconds East, assumed bearing along
south line of said Southwest Quarter, a distance of 759.63 feet; thence
North O0 degrees 01 minutes 36 seconds East a distance of 263.05 feet
to the centerline of 66.00 foot street, utility and drainage as described in
document number 317893; thence northwesterly along said centerline
and a non-tangenial a distance of 306.10 feet, having a central angle of
33 degrees 39 minutes 45 seconds, a radius of 521.00 feet, and a chord
bearing of North 73 degrees 27 minutes 10 seconds West; thence North
89 degrees 42 minutes 57 seconds East, along said centerline and
tangent to last curve, a distance of 473.80 feet to the West line of the
Southwest Quarter of Section 3; thence North O0 degrees 32 minutes 21
seconds West, along said West line a distance of 346.29 feet to the point
of beginning.
Parcel B: That part of the Northwest Quarter of Section 10, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northwest Quarter; thence
South 89 degrees 58 minutes 24 seconds East, assumed bearing along
the north line of said Northwest Quarter, a distance of 965.80 feet to the
point of beginning of the land to be described; thence South 00 degrees
01 minute 36 seconds West a distance of 1121.92 feet to the South line
of the North 1121.92 feet of said Northwest Quarter; thence North 89
degrees 58 minutes 24 seconds West, along said South line, a distance of
206.17 feet; thence North O0 degrees 01 minute 36 seconds East a
distance of 1121.92 feet to the North line of said Northwest Quarter;
thence South 89 degrees 58 minutes 24 seconds East, along said North
line, a distance of 206.17 feet to the point of beginning.
3.) Legal Description of Original Site
The Northeast Quarter of the Southeast Quarter of Section 4,
Township 33 Range 26, lying east of railroad right-of-way except the
northern 525 feet.
And
5
And
And
2.)
3.)
4.)
5.)
The East ~ of the Southwest ¼ of Section 3, Township 33, Range 26
lying West of US 169, Except the northerly 525'
The W ~ of the SW ~ of Section 3, Township 33, Range 26, Except
the north 525 feet thereof
That part of the North 1121.92 feet of the Northwest Quarter of
Section 10, Township 33, Range 26, Sherburne County, Minnesota
lying east of a line which begins at a point on the north line of said
Northwest quarter distant 965.801 feet east, as measured along the
north line from the northwest corner thereof; thence south at a right
angle 1121.92 feet; and lying west of the westerly right-of-way line of
U.S. Highway No. 169 as laid out and traveled in 1963.
Name and Address of Operator and Land Owner:
Tiller Corporation
7200 Hemlock Lane
Suite 200
P.O. Box 1480
Maple Grove, MN 55311-6480
(763) 425-4191
Names and addresses of all adjacent land owners within 350 feet of site
See attached Exhibit 1.
Purpose of Extraction:
The purpose of the extraction is to remove an existing deposit of sand
and gravel and process it into construction aggregate, processing of
recyclable concrete and asphalt and hot mix asphalt production. The
site serves the growing needs of Elk River and the surrounding area.
Estimated Time Required to Complete the Proposed Extraction:
The site is operated in phases. It is estimated that the proposed
revisions to the mining limits will add an additional 2-3 years to the
over all mining operation. The original mining operation was estimated
to take 20-25 years to complete mining. The duration of mining
activities is approximate only and is dependent upon market demand.
6
6.) Transportation Routes:
The site access is off of 221s' Ave., which was realigned and hard-
surfaced in 1998-1999. This work was proposed in the original
mining permit application. Asphalt now extends from US 169 to the
west past the site entrances and western boundary. Plans included in
this application illustrate the new alignment and grades of 221st
Avenue. Access to the southern portion of the site was realigned in
the spring of 2001. The new alignment is directly across from the
plant entrance, improving site lines and safety. Average traffic
generated from the site is expected to range from 100-1 50 trucks per
day (200-300 truck trips) and is not expected to change as a result of
the proposed amendment.
Acceleration lanes were added to the north and south on US 169.
Turn lanes are also currently in place from US 169 to 221st Ave.
7.) a. Physical relationship of site with respect to the community.
The site is located near the northern boundary of Elk River. The
site is immediately west of U.S. Highway 169. The site is
approximately 3 miles north of the developed area of Elk River.
b. Site analysis:
The southern portion of the site is located south of 221st Ave.
Past mining activity occurred on this site by previous owners
prior to the initial Tiller CUP. Tiller has actively mined this area
over the past 4 years. The material is excavated and then
hauled south approximately 1.5 miles to a washplant for further
processing. The terrain is irregular with little topsoil or
overburden. The western area of this portion of the site is
wooded.
Portions of the northern parcel of land were also mined prior to
Tiller's CUP. The area of past mining activity has brush for
ground cover and little overburden. This area is where the
asphalt plant was constructed. Berms have been constructed
along US 169 and a portion of 221st Ave. for screening. The
remaining portion of the property is wooded, with varying
amounts of topsoil.
7
The site lies immediately south of the existing Elk River Landfill.
Other surrounding land uses are primarily agricultural. This
property, as well as property to the north, east and south is
included in the gravel-mining district studied in the
Environmental Impact Statement (ELS) approved by the City of
Elk River in June 1994. A small parcel of land located
immediately south of the 24-acre southern parcel was not
included in the ElS study.
The elevation of the site varies from about 1070 to about 960.
Mining will occur to an elevation ranging from 952 to 963.
A prominent ridge runs in a north south direction through the
property. The slopes on the property range from 20-60%.
Slopes west of the site are relatively flat at around 6%. Slopes
east of the site are more irregular and range from around 8-
20%.
A small wetland is located in the extreme southwest corner of
the 18 acre parcel to be added to the site. The wetland is
located within the 200-foot setback area and the proposed trail
system right-of-way. A 140-foot buffer will be maintained
between the wetland and the excavation limits. Vegetation will
remain and no land disturbing actrivities will occur wihtin the
buffer area.
Tibbits Brook, Rice Lake and a large wetland complex lie
northwest of the site on the west side of the abandoned railroad
track.
Figure 3 is a U.S.G.S. Quad map excerpt that illustrates the site
setting.
Estimate of Quantity of Material to be Mined:
The estimated quantity of additional material to be mined is
approximately 800,000 cy. This volume includes an additional
270,000 cy of material as a result of the property transfer and
an additional 530,000 cy of material resulting from the
additional parcel of property north of 221s' Avenue. This
volume includes topsoil and overburden. Depending upon the
consistency of material with depth and the occurrence of
unsuitable material, the actual amount to be mined may be less.
8
'/4- - -
Whitney-
,/
U.S.G.S QUAP HAP EXCERPT
ELK RIVER AND LAKE FREHONT QUADRANGLES
FIGURE
Depth of Water Table:
The depth of the water table was identified during the ElS
process. The water table ranges from about 957 in the northern
portion of the site to about 945 in the southeast corner of the
site. A ground water divide, running approximately northeast-
southwest runs through the site. Figure 4 illustrates the depth
of the ground water and ground water flow directions beneath
the site.
Mining under this permit will occur to the grades illustrated on
the Excavation Plan, Sheet 1 of 3. These grades have been
developed to stay a minimum of five feet above the water table.
Mining into the ground water may be requested in the future.
8.)
e. Average thickness of overburden
The average thickness of overburden is estimated to range
between 0 and 5 feet. The overburden is a sandy loam.
Plan of Operation:
The plan of operation as a result of the revised mining limits will not
change current operating conditions. The asphalt plant area was
constructed and is operating as planned. Screening has been
established around the perimeter of the site along US Highway 169
and 221st Avenue. 221s' Avenue was realigned and hard-surfaced.
Mining was initiated in both the southern portion of the site and north
of the plant location. Processing consists of crushing, screening,
stockpiling, and production of hot mix asphalt as well as the
processing'of recyclable concrete and asphalt. Aggregate stockpiles
and accessory equipment are located throughout the site.
Crushing and screening will take place throughout the mining
operation. The location of crushers will vary throughout the life of the
operation. Their locations will depend upon the location of the active
face. Conveyors will also be used throughout the site to convey
material from the active face to the processing equipment. Some
materials are transported to the Elk River Landfill for use as daily
cover.
10
DENOTES
DIRECTION OF
GROUNDWATER
FLOW
NOTE: GROUNDWATER CONTOURS ARE
TAKEN FROM THE ENVIRONMNETAL
IMPACT STATEMENT FOR THE CITY OF
ELK RIVER PROPOSED GRAVEL
MINING DISTRICT
OROUNDWATER
FLOW
CONTOUR
MAP
FIGURE 4
A water supply well was constructed in 1998 to supply water for the
offices and quality control lab associated with the operations. The
well is 178 feet deep and is finished in sand. A copy of the well log is
included as Exhibit 2. Wastewater is contained in a holding tank,
which is pumped and transported to final disposal by a State certified
and licensed contractor.
The site access is from 221 st Ave. An entrance road to the plant is
aligned with a new entrance road to the southern portion of the site.
Areas to be mined are cleared and grubbed and then stripped as
needed. Topsoil is stockpiled on site. Overburden is stockpiled or
used as backfill to reclaim completed portions of the mine. Sand and
gravel will be excavated from the active mining area and brought to
the processing area.
The site will be mined in phases. The progression of mining is
illustrated on Sheet 2 of 3, Phasing Plan. Restoration will begin as
phases of mining are completed.
No explosives will be used at the site.
9.)
Drainage, Erosion Control, Sedimentation, Dust, Access ContrOl and
Security:
Surface water drainage is directed to a Iow area within the excavation.
Collected surface water infiltrates into the underlying soils and/or
evaporates. Surface water drainage will not be directed off site.
Sedimentation may occur in the temporary ponding areas. These
ponds can readily be cleaned out by on-site equipment.
Erosion of finished slopes is minimized by backfilling to a minimum
slope of 4:1 and seeding and mulching. The berm has been
constructed to a minimum of 3:1 slopes and seeded and mulched.
Dust control has been implemented by hard-surfacing 221st Ave. from
the exit to US 169. The main entrance and exit roads to the plant
area are also hard-surfaced. Conveyors are used within the site
minimizing truck traffic on internal haul roads. Perimeter berms also
limit dust movement from the site.
Access control has been established by locking gates at the site
entrances and exits. The entire site will be fenced.
12
10.) Restoration Plan
Restoration will be an ongoing process. As an area of mining is
completed, and mining advances to a subsequent phase, reclamation
will begin on the completed phase. Reclamation activities at the site
will consist of backfilling, grading, and seeding. Work will be
concentrated on the sideslopes around the perimeter of the site. The
base of the site may remain open to accommodate mining activities,
various haul roads, stockpile areas, etc. Final grades will range from
1% to 25%. Final restoration grades are shown on the Reclamation
Plan, Sheet 3 of 3.
Topsoil shall be placed on graded areas to be reclaimed. The area shall
be seeded within 6 months of 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, it shall 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 50A. The mulch shall be Type I. It should be
recognized that portions of a given phase, for example, along borders
of subsequent phases, within the processing and operations area and
along haul roads, may be left at an intermediate stage of reclamation
until completion is practical.
1.)
2.)
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 US 169, 221st Ave., the southern
boundary of the southern parcel. A 200-foot setback is maintained
along the western boundary that borders the abandoned railroad track.
13
3.)
Mining shall not be conducted within 5 feet of a right-of-way of an
existing public utility.
221st Ave. runs through a portion of the property. It is anticipated
that this road will be lowered in the future as mining progresses. The
setbacks from the right-of way would be mined in conjunction with the
lowering of the road. The lowering of 221st Ave. will be subject to
review and approval by the City and MnDOT.
Fencing:
Perimeter areas are fenced to prevent unauthorized access. Additional
fencing will be installed as a result of adding mining area.
4.)
5.)
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.
The perimeter of the site will be screened along US 169, north of
221st Ave. A berm has been constructed, seeded, and maintained.
Operating Standards:
a. Noise:
The mining operation and asphalt plant will be operated in
compliance with all State noise standards.
b. Hours:
Mining and crushing will be conducted between 7 a.m. to 7
p.m. Monday - Saturday. The asphalt plant will operate
Monday- Saturday in accordance with its current permit. The
asphalt plant may need to operate extended hours to provide
material for nighttime paving operations.
14
Explosives:
There are no explosives used at this site.
Fugitive Dust:
Fugitive dust is minimized by hard-surfaced roads access road
and use of conveyors. Internal haul roads are watered as
needed. Asphalt plant operation and fugitive dust will not
exceed air pollution standards established by the Minnesota
Pollution Control Agency.
Water Pollution:
The site will be operated in compliance with all applicable
Minnesota Pollution Control Agency and Department of Natural
Resources standards. The asphalt plant will not discharge
wastewater. A National Pollution Discharge Elimination Permit
(NPDES) has been obtained for the site. Fuel is stored in above
ground tanks. Secondary containment is provided for all fuel
tanks.
Topsoil:
All topsoil will be retained on the site until the completion of
restoration. Topsoil has been used to create screening berms
and these berms will subsequently be removed as part of the
reclamation process.
g. Slopes:
The active mining face will be sloped at approximately 1' 1.
Reclaimed slopes will be backfilled to a maximum slope of 4:1
6.) Reclamation Standards
a. Schedule:
Reclamation will occur as portions of the site reach final
elevations. Some areas on the base of the floor may be used
for stockpiling or operations and will be reclaimed as operations
permit.
15
Slopes:
Slopes will be reclaimed in accordance with the reclamation
plan. Finished slopes will not exceed 4:1.
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.
do
Slopes to Water Bodies:
There are no water bodies existing on site. Mining below the
water table to create a water body is not contemplated under
this permit, although a permit revision may be requested at
some time in the future. If this occurs, slopes to water bodies
will be in compliance with the City Ordinance.
Water Bodies:
All water bodies resulting from extraction - for example
temporary storm water ponding areas, will either be filled at the
end of each construction season or preserved to continue to
operate as a holding pond at the discretion of the City.
16
EXHIBIT 1
PROPERTY OWNERS LIST
Sherb
AUDITOR/TREASURER
RAMONA DOEBLER
DATE:
TO:
April 24, 2001
Barton Sand & Gravel
Mike caren
(763) 315-6004
FROM:
Ramona Doebler, Auditor/Treasurer
Prepared by: Bev Johnson, Deputy Auditor/Treasurer
RE: Adjoining property owners, within 350 feet of parcel number:
75-103-3200; 75,103-2400;75-104-1101;75-104-1102;75-110-2200
Based on an examination of Sherbume County Records, the attached listing represents all
property owners within 350 feet of the outside boundary of the pr6perty subject to the hearing.
This has been done to tho'best oreur ability, but we make no guaranty the list is completely
accurate.
RESEARCH FEE:
40.00
18 PARCELS AT $4.00 PER PARCEL:
12 LABELS (~ .05 EACH
STATE-TAX:
LESS DEPOSIT
TOTAL DUE:
72.00
.60
.11
-40.00
72,71
~ 13880 HighWay 10
Elk River, MN 55330-4601
763-241.2863 ~3 1-800-438.0576 ~3 Fax: 763-241-2875
I
I
I
I
I'
EXHIBIT 2
WELL LOG
04/2S/01 WED 15:27 FAA 612 425 7153
.TILLF..R CORP.
MINNESOTA UNIQUE WELL NO.
"-----.'-'"'-."'*"~"~'"I'~"~' I ~'~'~L~% ~ ~,,,
, , B~ONI~ DRILL FLUID
'T
PROPERTY OWNER'S NAME
p~ own~'s mailing a~l~lll Il (lllllllfl ~ will IoCIion i~(lrN~ m~,a~d I1~.
10633 - 89'11'I AVI2qU~ H
MAPLK GROVe, MM 55369
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