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HomeMy WebLinkAbout8B - Ryan Gravel Mine CUP MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT FEBRUARY 20, 2001 8B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR EXCAVATION OF SAND AND GRAVEL FOR RYAN CONTRACTING ON PROPERTY LOCATED IN THE SOUTH EAST QUARTER SECTION OF SECTION 22, T 115, R22, LOCATED ON MCKENNA ROAD History: Ryan Contracting has submitted an application for the excavation of sand and gravel from property located in the SE 14, Section 22, Township 115, Range 22. This property is owned by Richard McKenna and Joseph and Carolyn Kinney. The proposed operation will consist of mining and processing of sand and gravel, including descreening, stockpiling, and sale of product. Aggregate washing or operation of an asphalt plant is not a part of this operation. Ryan intends to operate at the site for approximately 10 years and remove 500,000 cubic yards of materials. The materials mined will be used for road construction and general fill. Attached is a narrative submitted by Ryan <:ontracting specifying the details of the proposed operation. The Planning Commission considered this request at a public hearing on November 8, 1999. The Planning Commission recommended approval of this request. The City Council originally considered this request in December, 1999, and then in January, 2000. Prior to a decision, the Council received a petition requesting the preparation of an Environmental Assessment Worksheet (EA W). On February 22, 2000 the City Council adopted Resolution #00-12 ordering the preparation of an EA W. The EA W was completed in November, 2000, and forwarded to the appropriate agencies for comments. The public comment period on the EA W expired on December 27, 2000. The Council must make a determination on the need for an Environmental Impact Statement (EIS) on February 20, 2001. This report assumes the Council has 1:\99files\99cup\99-075\cup report.doc Pa&e 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T- T 1 r T 'I 'Tr made a negative declaration on the need for an EIS under agenda item 8A. Current Circumstances: The subject site consists of approximately 30 acres with 12.91 acres included in the mining plan. Section 1101.509 Grading, Filling, Land Reclamation, Excavation requires a Conditional Use Permit for excavation of more than 400 cubic yards of material. The Issues: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code and Section 1101.509. Section 1101.509 is the provision on Grading, Filling, Land Reclamation, and Excavation. The criteria are shown below: City Code 1101.509 (2) Excavation. Excavation of material exceeding 400 cubic yards of sand, gravel, or other material from the land shall be permitted only by CUP. The permit application shall include, but is not limited to, a site plan which shows the finished grade of the land after the excavation has been completed, the effect of the proposed excavation upon the community and the adjacent land, the type of material to be extracted from the land, the type of equipment to be used, the period of time the excavation operation will be conducted, plans for implementation of measures to guarantee safety of the site and the excavation operation, plans for rodent and other animal control, fire control, general maintenance of the site and adjacent area, providing for control of material hauled to or from the site, and controls to be employed to limit the effect of wind or other elements on the site and the material extracted from the site. The permit application shall include a plan which shows the routes of trucks moving to and from the site to remove material from the site, an inventory of significant trees on the site, and other pertinent information necessary to the decision whether to approve the CUP. No permit shall be grantedfor a period longer than 12 months. The CUP shall impose conditions upon the owner of the land to be excavated and the person performing the excavation operation which will prevent damage to the community and adjacent landowners during the course of the excavation operation. Those conditions may impose restrictions in all areas affecting the excavation operation and the City may require a Letter of Credit to insure the conditions imposed and the completion of the work will be performed in the manner described in the plan and CUP. J: \99files\99cup\99-07 5\cup report.doc Page 2 The attached draft resolution lists the conditions required to meet the above criteria. The City Council may desire to modify, add or delete conditions in the draft resolution. City Code Section 1108.200 Conditional Use Permit Criteria: Section 1108.200 of the City Code sets forth the criteria for approval ofa CUP: (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Comprehensive Plan identifies Security as a goal. Objective 5 under this goal is to provide for conservation and protection of the natural environment. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment and to require developers to retain the natural environment as much as possible. The conditions set forth in this CUP address environmental hazards and require land reclamation and site restoration. Another policy of the Comprehensive Plan is to require developers to retain the natural environment as much as possible. Considering the proposed mining operation, it is difficult to restore the site to a natural condition. The Landscape ordinance allows credit for existing materials preserved and the project complies with the Tree Preservation Plan with removal of less than 25% of the total caliper inches. A condition of the CUP requires exact replacement of trees removed (42 caliper inches) to restore the natural environment as much as possible. The Comprehensive Land Use Plan Map designates the future land use as low to medium density residential. The reclamation plan is acceptable to the property owners for their current and future agricultural use. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. Based on staff and Planning Commission review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution and annual review of the CUP are intended to ensure ongoing protection of the community. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning 1: \99fi1es\99cup\99-07 5\cup report.doc Page 3 I, r 1 I I.. district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use permit. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities, services or improvements as the applicant will be responsible for maintaining the condition of McKenna Road and CSAH 42 as it exists prior to the issuance of the CUP. In order to ensure this, it is necessary to require a Letter Of Credit (LOC) for the maintenance of McKenna Road. Costs related to the proposed use, such as expenses for inspections and testing, will be borne by the applicant. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as the proposed mining operation is located on approximately 30 acres of which only 13 acres will be mined. The property owners have signed the application, giving their consent for the proposed use. The property to the north is agricultural in use and the nearest residence is approximately 185 feet from the proposed area to be disturbed (McKelma residence). The next closest dwelling is approximately 325 feet from the area to be disturbed. Staff does not anticipate development in the area to occur until utilities are extended. Under the Comprehensive Plan, this will occur at some point in the future, but is probably at least 10 years away. However, development will be driven by property owners desire to develop the area and would not necessarily be prohibited to do so under the Comprehensive Plan or Zoning Ordinance. The applicant will be responsible for inspections and testing to assure the quality of roads, trees, and wetlands are maintained. Costs related to the proposed use, such as expenses for inspections and testing, will be borne by the applicant. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. One tree per 40 feet of site perimeter is required. Credit is given for existing materials. The existing 94 trees are sufficient to meet the 90 trees required on site. A complete tree preservation plan 1: \99files\99cup\99-07 5\cup report.doc Page 4 has been submitted. Twenty-five percent of the total caliper inches can be removed without replacement and the applicant is proposing to remove one tree (3% of total inches). The proposal complies with these provisions. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The storm water calculations and drainage plan were prepared by a professional engineer. No utilities, such as water and sewer are planned. Additional storm water information is needed and has been made a condition of the resolution. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The EA W has indicated environmental concerns about this project. The attached resolution includes several conditions intended to mitigate against these potential impacts. Conclusion: The Planning Commission and staff recommend approval of the applicant's request for a conditional use permit subject to the following conditions: 1. The following revisions must be made to the plans prior to the recording of the resolution: a. The landscape plan must be revised to indicate a one for one replacement of trees removed (42 caliper inches) as part of the reclamation and staging plan. The plan must also indicate that p1antings are to be installed upon completion of each phase. b. The landscape plan must be revised to include landscaping of 1 tree per 10 lineal feet of berm is to be installed as per item 7 1:\99files\99cup\99-075\cup report.doc Page 5 1,[ r 1 I Ii. on Recapitulation of CUP Application submitted by Ryan Contracting, and to include an additional 10 perimeter trees as shown on the proposed landscape plan. c. The plans must be revised to identify a 24' wide paved driveway from the public street to the parking lot and a paved parking lot. d. The parking area must be buffered by screening with additional p1antings. This is to be shown on a revised landscaping plan. e. Drainage and storm water rate calculations must be submitted. f. The plans must be revised to eliminate the fuel storage area. g. Utility plans indicating electrical line locations must be submitted. h. The plans must be revised to identify a monitoring well at the northwest corner of the site. The exact location, depth, and specification are to be based on recommendations from a certified independent consultant approved by the City. 1. The applicant and property owners must enter into a Developer's Agreement attached hereto. The Developers Agreement includes provisions dealing with right of entry and indemnification. The required Irrevocable Letter of Credit is also detailed within the Agreement. J. An Irrevocable Letter of Credit, on a form prepared by the City and approved by the City Attorney, is to be submitted prior to the recording of the resolution. The amount of the LOC is for $200,000 and ensures the following: (1) McKenna Road maintenance; (2) Paved driveway and parking area; (3) Landscaping costs (estimates must be submitted per Ordinance); (4) Dust control; (5) Reclamation (final site restoration, grading); (6) Monitoring of the wetland and ground water (monitoring well); (7) Any other costs associated with this project including attorney's fees and clean-up costs per City Code Section 1109.902. k. The applicant is responsible to pay the City for all related costs per City Code Section 1109.902. These costs will 1:\99files\99cup\99-075\cup report.doc Page 6 include, but are not limited to, fees incurred by the City for the preparation and recording of the Developer's Agreement, inspection costs, attorney's fees, and retaining of consultants. I. Prior to beginning work, the required PCA permits must be obtained, and copies provided to the City. m. The required Watershed permits must be obtained, and copies provided to the City prior to beginning work. n. An Assent Form, as required by ordinance, is to be signed by the applicant and all property owners. 2. These conditions must be met prior to beginning work: a. A wetland delineation report must be prepared and submitted to the City. An initial water quality analysis of the wetland is to be submitted to the City as prepared by an independent laboratory approved by the City. b. Proposed traffic signs require approval from the City Engineer and must meet MN Uniform Traffic Control Devices standards. Signs must be installed prior to beginning work. In addition to those proposed, "Trucks Hauling" signs must be placed on McKenna Road south to CSAH 42. c. A secured gate and 6' high perimeter fence is to be installed prior to beginning work. The property must be signed as pri vate property. d. The driveway from the public street to the parking lot and the parking lot must be hard surfaced (paved) and installed prior to beginning work. e. The parking area and parking lot screening must be completed. f. The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. 3. These conditions are ongoing and must be met at all times: a. No fuel storage is allowed on the site. All vehicles and equipment refueling must take place on an impervious pad that has the capacity to contain a fuel spill of 500 gallons b. No lighting is permitted on site. c. The project is limited to 12.91 acres as indicated in Exhibit A. Any excavation beyond the area identified in Exhibit A will require the preparation of a new EA W. d. The project approval is only for the extraction and screening of sand and gravel. There is to be no crushing, washing or other mineral processing conducted on site. 1:\99files\99cup\99-075\cup report.doc Page 7 l.r r it 1,. e. The installation of a water supply well on site is prohibited. Any water needed on site is to be delivered from off-site sources. f. Monthly water testing from the required monitoring well is to be submitted to the City of Prior Lake Engineering Department by the last business day of each month. The initial water analysis will serve as the base line for monthly monitoring. Ryan Contracting will be responsible for locating the source of any contamination and taking corrective action. g. The clean up of gravel as a result of spills or general transportation of gravel on any public road shall be the responsibility of Ryan Contracting. h. All traffic as a result of this project is to be routed from the site south to CSAH 42. No traffic is permitted to the north on McKenna Road into the City of Shakopee. A sign stating "Truck-No Right Turn" must be posted at the entrance to McKenna Road. 1. Separate sign permits are required for commercial signage. J. Hours of operation are 6 a.m. to 8 p.m. Monday through Friday (weekdays) and 8:00 a.m. to 12:00 noon on Saturdays. The operation is not allowed to operate on Sunday or legal holidays. k. Water for dust control shall be provided from an off-site source. The operation of the pit cannot result in the drainage or other degradation of the DNR protected wetland. I. Watering for dust control shall be done on an as needed basis or within 24 hours written notice from the City. Such notice shall be transmitted by facsimile to Ryan Contracting. Dust control includes the entire project area and is not limited to roadways. 4. The CUP is valid for one year. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. Any renewal of the CUP is subject to City Council approval and is to include a staging plan to date, reclamation to date, along with road quality, wetland quality, air quality reports submitted by qualified professionals and any other such information as requested by City staff or the City Council that would aid the City Council in determining whether the excavation activities conducted pursuant to this CUP created any adverse impacts to the health, safety or welfare of the City or its residents. 1:\99fi1es\99cup\99-075\cup report. doc Page 8 FISCAL IMPACT: AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: Rudgpf Tmpnrf' The CUP will have no fiscal impact on the City as a security for any costs to the City will be held. The City Council has three alternatives: 1. Adopt Resolution #Ol-XX approving the Conditional Use Permit for Ryan Contracting subject to the listed conditions. 2. Deny the Conditional Use Permit on the basis they are inconsistent with the purpose and intent of the Zoning Ordinance and/or the Comprehensive Plan. In this case, the Council should direct the staffto prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. The l20-day period for City action will expire 11 days after the Council takes action on the EA W. If the Council chooses alternatives #2 or #3, a special meeting must be called to meet this deadline. Staff recommends alternative #1. 1. A motion and second to approve Resolution 01-XX approving the Conditional Use ermit, subject to the listed conditions. 1:\99files\99cup\99-075\cup report. doc Ii Page 9 t I,. CONDITIONAL USE PERMIT RESOLUTION Ol-XX APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXCAVATION OF SAND AND GRAVEL ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, T 115, R22 FOR RYAN CONTRACTING MOTION BY: SECOND BY: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 8, 1999, to consider an application from Ryan Contracting for a Conditional Use Permit (CUP) to allow excavation of sand and gravel and the City Council heard the case on December 6, 1999; and WHEREAS, Notice of the public hearing on said CUP has been duly published In accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP for Ryan Contracting; and WHEREAS, On December 6, 1999, the City Council considered the request for a CUP; and WHEREAS, On December 6, 1999, the City Council continued their review of this CUP to January 18, 2000 to allow time for a workshop on the request to be held and said workshop was held on January 3, 2000; and WHEREAS, On January 18, 2000, the City Council heard the request and continued final action pending a petition for EA W; and WHEREAS, On February 7, 2000, the City Council determined an EA W was necessary and postponed action on the CUP until action on the EA W was completed; and WHEREAS, On February 20,2001, the City Council considered the EAW for this project and made a negative declaration on the need for further environmental review; and WHEREAS, The Planning Commission and City Council find the CUP for Excavation of Sand and Gravel located in the SE Quarter of Section 22, TI15, R22 for Ryan Contracting in harmony with existing development in the area surrounding 1:\99files\99cup\99-075\rso 1 xxcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER the project; and WHEREAS, The Planning Commission and City Council fmd the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 and Section 1101.509 (2) Excavation of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein as if fully set forth. II. The Conditional Use Permit applies to the following legally described property: The Northwest Quarter of the Southeast Quarter of Section 22, Township 115, Range 22, except the West Half of said Northwest Quarter of the Southeast Quarter, Scott County, Minnesota; and The West 990.00 feet (as measured at right angles) of the northeast quarter of the Southeast Quarter of Section 22, Township 115, Range 22 EXCEPTING therefrom the following: The south 622.29 feet of the West 700.00 feet (as measured at right angles to the south and west lines) of said Northeast Quarter of the Southeast Quarter. Containing 20 acres more or less. III. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. f The use is compatible with the general welfare, public safety and neighborhood character. IV. The Conditional Use Permit is hereby approved subject to the following conditions a. The resolution approving the CUP is not valid prior to being recorded. b. Prior to the recording of the resolution, the following revisions must be made to the plans: 1) The landscape plan must be revised to indicate a one for one replacement of trees removed (42 caliper inches) as part of the reclamation and staging plan. The plan must also indicate that plantings are to be installed upon completion of each phase. 1:\99fi1es\99cup\99-07 5\rso 1 xxcc.doc Page 2 Ii 1 II II 2) The landscape plan must be revised to include landscaping of I tree per 10 lineal feet of berm is to be installed as per item 7 on Recapitulation of cUP Application submitted by Ryan Contracting, and to include an additional 10 perimeter trees as shown on the proposed landscape plan. 3) The plans must be revised to identify a 24' wide paved driveway from the public street to the parking lot and a paved parking lot. 4) The parking area must be buffered by screening with additional plantings. This is to be shown on a revised landscaping plan. 5) Drainage and storm water rate calculations must be submitted. 6) The plans must be revised to eliminate the fuel storage area. 7) Utility plans indicating electrical line locations must be submitted. 8) The plans must be revised to identify a monitoring well at the northwest corner of the site. The exact location, depth, and specification are to be based on recommendations from a certified independent consultant approved by the City. 9) The applicant and property owners must enter into a Developer's Agreement attached hereto. The Developers Agreement includes provisions dealing with right of entry and indemnification. The required Irrevocable Letter of Credit is also detailed within the Agreement. 10) An Irrevocable Letter of Credit, on a form prepared by the City and approved by the City Attorney, is to be submitted prior to the recording of the resolution. The amount of the LOC is for $200,000 and ensures the following: (a) McKenna Road maintenance; (b) Paved driveway and parking area; (c) Landscaping costs (estimates must be submitted per Ordinance); (d) Dust control; (e) Reclamation (final site restoration, grading); (f) Monitoring of the wetland and ground water (monitoring well); (g) Any other costs associated with this project including attorney's fees and clean-up costs per City Code Section 1109.902. II) The applicant is responsible to pay the City for all related costs per City Code Section 1109.902. These costs will include, but are not limited to, fees incurred by the City for the preparation and recording of the Developer's Agreement, inspection costs, attorney's fees, and retaining of consultants. 12) Prior to beginning work, the required PCA permits must be obtained, and copies provided to the City. 13) The required Watershed permits must be obtained, and copies provided to the City prior to beginning work. 1:\99fi1es\99cup\99-075\rso 1 xxcc.doc Page 3 14) An Assent Form, as required by ordinance, is to be signed by the applicant and all property owners. c. These conditions must be met prior to beginning work: 1) A wetland delineation report must be prepared and submitted to the City. An initial water quality analysis of the wetland is to be submitted to the City as prepared by an independent laboratory approved by the City. 2) Proposed traffic signs require approval from the City Engineer and must meet MN Uniform Traffic Control Devices standards. Signs must be installed prior to beginning work. In addition to those proposed, "Trucks Hauling" signs must be placed on McKenna Road south to CSAH 42. 3) A secured gate and 6' high perimeter fence is to be installed prior to beginning work. The property must be signed as private property. 4) The driveway from the public street to the parking lot and the parking lot must be hard surfaced (paved) and installed prior to beginning work. 5) The parking area and parking lot screening must be completed. 6) The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. d. These conditions are ongoing and must be met at all times: 1) No fuel storage is allowed on the site. All vehicles and equipment refueling must take place on an impervious pad that has the capacity to contain a fuel spill of 500 gallons 2) No lighting is permitted on site. 3) The project is limited to 12.91 acres as indicated in Exhibit A. Any excavation beyond the area identified in Exhibit A will require the preparation of a new EA W. 4) The project approval is only for the extraction and screening of sand and gravel. There is to be no crushing, washing or other mineral processing conducted on site. 5) The installation of a water supply well on site is prohibited. Any water needed on site is to be delivered from off-site sources. 6) Monthly water testing from the required monitoring well is to be submitted to the City of Prior Lake Engineering Department by the last business day of each month. The initial water analysis will serve as the base line for monthly monitoring. Ryan Contracting will be responsible for locating the source of any contamination and taking corrective action. 7) The clean up of gravel as a result of spills or general transportation of gravel on any public road shall be the responsibility of Ryan Contracting. 8) All traffic as a result of this project is to be routed from the site south to CSAH 42. No traffic is permitted to the north on McKenna Road into the City 1:\99fi1es\99cup\99-075\rso I xxcc.doc Page 4 .111 - Joseph Kinney Home address 4270 140lh Street Northwest Prior Lake, MN. 55372 The West 990.00 feet ( as measw-ed at right angles) of the Northeast Quarter of the Southeast Quarter of Section 22, Township 115, Range 22 EXCEPTING there from the following: The South 622.29 feet of the West 700.00 feet ( as measmed at right angles to the south and west lines) of said Northeast Quarter of the Southeast Quarter. Containing 20 acres more or less. 3.) Names ofadiacent property landowners includinl:!: all those within a 350 ft. radius of the propertY. A property owner list was generated by Old Republic Title. This list is included as Exhibit 6. 4.) Specifications of the following., usinl:!: appropriate maps. photolUaohs and surveyS: a. The physical relationship of the proposed site to the community and existing development. The proposed site is located in the northeast portion of Prior Lake, just north of County Road 42 on McKenna Road (See Exhibit 5). Residential areas are located to the west and east of the site. The land to the north of the site is open fields with some groves of trees. The land to the south is Mr. Richard McKenna's house along with McKenna Road and field. b. Site topography and natural features including location of water courses and water bodies. Exhibit 15 is a U.S.G.S. quadrant range map which illustrates the relationship of the site to surrounding natural features. The site topography is shown in 2 foot contour intervals. The plan also shows drainage ways and direction of surface water flow under current conditions. The plan also shows the location and description of the trees in the area of the proposed building site. c. Description and quantity of m.aterial to be excavated. Material to be mined from the site will consist of sand and gravel. The soils within the mining limits are predominately Estherville and Kingsley soils, both sandy loarns forming in loamy glacial outwash over sand and gravel deposits. The Scott County Geological Atlas maps the site as a primary sand and gravel resource with over 35% gravel. Approximately 500,000 c.Y. of material will be mined from this site. The type of material to be mined will be sand and gravel. Initially a phase will be opened up by stripping topsoil over a designated area. This topsoil will be stockpiled on site and later used in restoration. No topsoil will be sold or removed from the site. Any overburden, fine clays, and silty soils which cannot be sold or utilized by the operator will also be stripped exposing the underlying aggregate. Mining will create an active mine face with a slope not exceeding 1:1. Perimeter slopes may be mined to 1:1 and then backfilled to the grades shown on the mining plan. Final grades- over the base of the pit are at a minimmn elevation of 870.00. Mining may occur below the depth of the grades shown on the plan in areas where good material is encountered. All material replaced below elevation of 870.00 will be structural suitable for building and will include certification of any filling. These areas would then be backfilled as part of restoration for that 2 particular phase. The maximum depth of mining will not exceed elevation 850.00. The average restoration grade will be around elevation 870.00. 5.) The PU11lose of the operation: The purpose of the mining operation is to obtain natw'al aggregate for use in the construction industry. The operator will use material obtained from site to produce aggregates for road construction and general fill. . 6.) The estimated time reouired to complete the operation: The site will be active for an estimated 10-year period. The life of the site will be dependent on market demand. The site will be operated in phases. Mining will begin in the western portion of the site and progress to the east. Each year an annual report will be submitted, which will outline areas to be stripped, mined, and reclaimed during the next mining season. This will keep the City up to date on the mining progress, and rate of mining activity at the site. 7.) The plan of operation: Duration of Minin2 Activitv: Mining activity typically occurs from March-December. The life of the mine is estimated to be 10 years. Hours of OrJeration: The site will be operated from 6:30 AM. -7:30 P.M. Monday- Friday and 8 AM. - 5 P.M Saturdays on a seasonal basis. Overations: Operations will be initiated by stripping an area corresponding to the first years excavation activities. The stripping will be shaped into berms along the designated setback areas. These berms will be seeded to provide screening, noise and dust abatement Material will be excavated from .the working face, desanded, and stockpiled according to the various grades of material. The initial location of the screening plant is shown on Exhibit 8. Mining will progress in a west to east direction. Conveyors may be used to feed material to the screening plant throughout the mining season. Each year, additional area will be stripped as the working face moves easterly. The screening plant is a portable plant and may be moved off of the site depending on the amount and location of future contracts. Exhibit 8 shows the location of the screening plant. Noise: All equipment will be operated within the noise emission standards established by the Minnesota Pollution Control Agency (MPCA). Processing and loading activities are performed in the lower elevations of the pit where the side slopes, vegetation and trees will act as noise barriers. Ryan Contracting will operate in accordance with the noise standards established by the Minnesota Pollution Control Agency for residential areas. In addition, Ryan Contracting will be constructing a "buffer" berm on the west edge to reduce sound levels. Mining operations will begin at an elevation of 884.00 and continue down to a final elevation of 870.00. The west berm will be constructed to an elevation of 910.00, initially allowing for a 26 foot high berm to reduce noise. This berm. will also be landscaped. Ryan Contracting will install 2 inch trees staggered at an even ten feet apart on the berm. These trees will be maintained and guaranteed. The berm will have topsoil placed on it. The topsoil will be seeded, mulched, fertilized, and disc anchored to provide positive turf establishment. The Minnesota Department of Natural Resources report, Industrial Minerals in Minnesota dated September 1979 states, " Typical mining equipment gen~ates noise levels as high as 88 decibels (dBA) measured at 50 feet away from the source. Screeners can generate up to 78 dBA measured 3 I '! , II ~ I, II from 50 feet from the source. Table 1 describes decibels (dBA) by comparison to familiar environments. The Minnesota Pollution Control Agency has established noise standards which include noise from mining activities. The MPCA states that, "acceptable sound levels for the receiver are a function of the intended activity in that land area." Further, these standards described the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing. The allowable noise level standards range from 50 dBA to 80 dBA. TABLE 1 NOISE LEVEL COMPARISON Decibels (dBA) Common Sounds 160 140 120 100 80 60 50 40 20 o Medium jet engine Large propeller aircraft, air raid siren Disco Canning plant, heavy city traffic, subway Busy office Normal speech Private office Quite residential neighborhood Whisper Threshold of hearing Exhibit 8 shows the initial location of the screening plant, stockpiles, and haul roads which will eliminate the need for trucks to back up sounding their back - up alarms. If requested, Ryan Contracting will be willing to disconnect our backup alarms, if absolutely necessary. The screening plant will be placed at various locations throughout the pit to minimize noise to the surrounding area. Material will be stockpiled from the screening plant by conveyors. EQuivment: Machinery will be kept in good repair. Abandoned machinery, inoperable equipment and rubbish shall be removed from the site regularly. All buildings or equipment not used for a period of one year shall be removed from the site. All equipment and structures shall be dismantled and removed within 90 days after termination of the permit. Natural Screeninz The perimeter of the site shall be screened as shown on the aerial photo (Exhibit 18). The aerial is from Scott County Surveyors and dated 1990. The severe thunderstorms from 1998 destroyed the trees on the east side of the pit in phases II and ill, those are shown in the aerial. The site will be screened from the residences to the north and west by the groves of trees. This buffer area will provide bQth visual screening, and noise and dust abatement. There are no residents to the east of the site. Water: No well will be drilled on the site or washing of aggregates; however Ryan Contracting will use the water from the ponds on site for dust control. Fuel Storaf!e: Ryan Contracting will be storing fuel on the site in an above ground 1000 gallon steel tank placed in a concrete enclosure. The fuel will be diesel fuel for the operating of the screening plant and the construction equipment only. The concrete enclosure will contain spills ifleakage did occur. The concrete enclosure is made by Crest and is a !v1PCA approved design for this exact situation. Please see the Exhibit 24 containing specifications on the enclosUre. The enclosure will have a roof over it along with a metal chain link fence. The fuel tank will be locked when not in use. Due to the concerns from the Shakopee Mdewakanton Sioux Community (SMSC) regarding fuel spillage, this is the best solution. The enclosure will trap fuel that is spilled or leaked from the tank and will prevent fuel from contaminating the groundwater. With the tank on site, this will reduce the number of refueling trips to the site thus decreasing the possibility of a fuel spill. In the unlikely event a fuel spill would occur, Ryan Contracting would 4 respond by following state guidelines as outlined by the MPCA. These guidelines are included under Exhibit 24. The MPCA does not require a permit for an above ground fuel tank less than 1,100 gallons. Site Security: The gates to the site will locked when not in use. The rest of the site will be protected by the current homeowner. Currently, there is a barbwire fence and snowfence securing the site. . Parkin'l: The parking area as shown on the Exhibit 8 is for employee parking only. The surface of the parldng lot will be of a gravel material like class 5. The gravel surface will be maintained by Ryan Contracting on as need basis. The size of the parking lot will be large enough to handle five full size vehicles. The parking of the construction equipment will be next to the screen plant or neartbe center of the gravel pit 8) Traffic & Travel routes The site is located roughly ~ mile north of County Road 42. To access the site from County Road 42, trucks will exit off County Road 42, onto McKenna A venue, and turn onto Richard McKenna's property which is where the pit is located. Traffic from the site is reversed to County Road 42. Dust control methods will be implemented as indicated in Exhibit # 21. Ryan Contracting proposes to limit the number of trucks visible to the public on this property to 6 at any one time. Other trucks may be waiting within the pit, recessed and out of view of the public. At no time will trucks be allowed to use McKenna Road to the north for an access to this property. Please refer to Exhibit 14 for an example of signage. 9.) Drainage, Water Erosion ControL Sedimentation and Dust Control Currently the site drains to the northwest OVer land and off site. Mining will move from the west to the east with the pit floor sloping to the west maintaining this overall drainage pattern -throughout the life of the site. Erosion will be controlled be placing heavy-duty silt fence in the drain swale where the sedimentation ponds will be constructed adjacent to the mining operation and by on-going restoration of disturbed areas including topsoil placement and establishment of vegetation. Sedimentation ponds will be constructed in the northwest portion of the site to treat runoff prior to leaving the site. These ponds will be constructed at the beginning of operation. They are designed to accommodate a 10 year; 24 hour stom runoff over the maximum disturbed area at any given time. Exhibit 10 contains sizing computations done by Cal Hedlund with Gorman Land Surveying, Inc. The location of the sedimentation ponds is shown on the proposed grading plan (Exhibit 10). Dust generated from vehicle traffic will be minimized by utilizing the existing access to the site. A water truck will be used as needed to water used roads. On site processing equipment will be recessed thereby minimi7.ing the amount of dust leaving the site. The vegetated buffer area will also reduce fugitive dust. . Stripping operations will be conducted in as short of a time :frame as possible. The overburden will be removed and stockpiled. The stockpiles will be seeded to reduce the source of dust. The - site entrance roads will be watered as needed. Restoration of the' site will be on going to minimize the amount of area without vegetation at any given time. Fugitive dust, dust not associated with specific processing activities, is also addressed in the sites Air Quality Permit which will be obtained from the :MPCA - 5 .-:r I 11 J.m Calcium chloride is used statewide by the State of Minnesota, counties, cities, townships, and recommended by consulting engineering firms throughout the state. The use of calcium chloride on the gravel traffic routes will minimize the amount of dirt blown in the air. The screening plant will be on the floor of the proposed pit. The vegetated berms, walls and trees will act as shields minimizing fugitive dust. The existing trees on the west and south sides will act as a natural buffer. On the north and east of the proposed pit, the existing fields will also act as natural shields. The prcposed berms, trees, and fields will reduce the presence of pit operations from the view of the public and residents. Ryan Contracting Company will protect the site and adjoining surrounding properties from erosion and sedimentation. If erosion occurs off site as a result of our operation, Ryan Contracting will immediately clean up the debris at our expense and restore all damage to the surrounding properties. 10) Tree Preservation: A tree inventory has been performed on this site. There will be a total of three trees removed on this site as a result of our proposed use. This equates to 3.03% of the total trees to be removed. There will be a total of 70" of trees removed out of a total of 231 0" of trees surveyed by Gorman Land SlITveying. The tree removal does not exceed the 25% tree removal limit, however Ryan Contracting will be planting over fifteen trees on the west berm in addition to the ten proposed plantings sbown in the attached plan. The tree plantings on the west berm will be done once the berm is fully constructed. The remaining trees shown in Exhibit # 13 will be planted at the completion of our project. The trees on the west berm will be planted within 45 days of April IS, 2000, p'oviding our CUP has been received by this date. Ryan Contracting will be planting the trees in good faith to the City of Prior Lake and the adjacent residents. The proposed trees will be maintained and guaranteed. The existing trees will be protected by means of snowfence with metal posts and will be erected past the drip line of significant trees along the mining limits. Snowfence will be maintained in place until restoration along the perimeter of the mining limits has been completed. 11.) Rehabilitation Plan: Rehabilitation of the mining area will be performed to restore the site to a stable condition, minimizing the potential for erosion, and also allowing for future development oftbe land. Rehabilitation will involve final grading, slope stabilization, application of topsoil and seeding and mulching. Existing grades prior to mining are shown on the Existing Conditions Plan (Exhibit 7). Exhibit 8 indicates the sequence and timetable of mining and the location of topsoil and overburden storage areas. Restoration grades are shown on the proposed grading plan (Exhibit 9). Existing perimeter side slopes will be mined to a maximum of 1: 1 and backfilled to a minimum of 2.5:1. The slope oftbe floor of the pit will be 1.00%. A minimum of 4" of topsoil will be placed over the graded slopes and floor of the mining area. Vegetation will be established. Vegetation will consist of MnDot Seed mix number 50A, a mixture of predominately Bluegrass, Bluestem, and Bromegrass. Sufficient topsoil is available on site for use in reclamation. Approximately 5 acres of the site will be left with 2.5:1 slopes. This.area will require an average 4" depth of topsoil. Approximately 8 acres of the pit floor area will require an average of 4" of topsoil. Restoration will be ongoing. Each year mined areas not utilized for processing or stockpiling will be graded to the proposed plan. Topsoil will be applied and vegetation established to minimize the amount of open area at any given time. An annual operating plan will be submitted each ye~. 6 .. This plan will include a map which shows areas which have been reclaimed during the past mining season. Areas to be reclaimed the following mining season will be noted as well. Reclamation of the site: The site was originally and still zoned agricultural. The site is CWTently outside of the Metropolitan Urban Service Area (MUSA). Mr. Richard McKenna and Mr. Joseph Kinney are currently the two property owners of this site. Ryan Contracting has a contract with these owners for the removal of this material as shown in Exhibit 10. When the pit use has been completed, Ryan Contracting will restore the land back to agricultural use. The site will have 4" of topsoil and seeding over all disturbed areas. The site will not create a pond as other pits have become. The only water in the pit will be in the sedimentation ponds that will be cleaned out as part of the restoration of the site. After completion and restoration of the gravel pit, the use will be at the discretion of the landowners. The landowners have indicated they wish to return the property to agricultural use. Ryan Contracting will furnish the City with a $ 50,000.00 restoration bond to guarantee restoration of this property. 12.) Permits: In addition to the Conditional Use Permit and the annual permit renewal required by the City of Prior Lake, Ryan Contracting may also be required to obtain the following permits: · Minnesota Pollution Control Agency: . National Pollutant Discharge Elimination System (NPDES) General Storm water Permit. R)m Contracting will be responsible for obtaining all necessary permits as required by the MPCA. Copies of required permits will be submitted to the City prior to beginning mining operations. . DNR: Department of Natural Resources will be informed, Ryan Contracting will be responsible for obtaining all necessary permits as required by the DNR. Copies of required permits will be given to the city Prior to beginning mining operations. 13) Maintenance of McKenna Road Ryan Contracting Company will repair and maintain McKenna Road from County Road 42 to the entrance of the gravel pit as needed at the discretion of Ryan Contracting and the City of Prior Lake. A biannual review will be set up with the City of Prior Lake to observe the conditions of McKenna Road and determine the need for repair. The condition of McKenna Road will be kept in as good as condition or better while the gravel pit is in operation. Ryan Contracting Company will post a $ 50,000.00 maintenance bond with the City of Prior Lake to guarantee maintenance and repair of McKenna Road while our Conditional Use Permit is active. It is om understanding McKenna Road may be realigned within the next five years. The extent of repairs to this road will be negotiated with the City of Prior Lake to an acceptable level as agreed on. 14). Compliance: The site will be operated as indicated in this permit application. Any additional conditions as set forth in the permit will be adhered to. Once the operation has been established, any questions, complaints, or requests by the city or residents should be directed to either Tom Ryan or Tyler Enright of Ryan Contracting Company at (6l2) 894-3200. Action will be taken immediately where appropriate. Ryan Contracting Company will work in good faith to resolve any. complaints or issues related to the -operation of the mine. An annual report will be submitted to the city in conjunction with the annual permit renewal. The report will show limits of cWTent mining and processing areas, stockpile areas, the next phase of stripping/mining, previous years restoration areas, the next years planned restoration activities, and the quantity of material removed from the site during the previous mining season 7 If II l.. 15) Site Appearance Ryan Contracting Company will be operating this pit in a professional manner. The pit will start on the west side and work to the east. The pit will be have a full exposed face from the existing ground to the proposed pit floor. The berms and slopes on the proposed pit will be constructed as the pit takes shape, along with the restoration. (See Exhibit 9) The pit will be constructed in three phases over a life span of roughly ten years. Each phase will not be constructed in three and a half years, but will be constructed on need and/or supply and demand on the material available in the pit The phasing plan is outlined on how the pit will be constructed. ( Exhibit 19 ) All equipment will be in operating use on the site. There will be no abandoned equipment on the site that is the property of Ryan Contracting Company. This pit is to operate in a clean and neat fashion, not to offend any of the residents in the area, property owners, or government officials. Ryan Contracting will be the sole operator of this pit. There will be no other operators using this pit if granted the conditional use permit. Once the CUP has been received Ryan Contracting will be responsible for all activities in the pit and maintenance or repair of haul routes. 16) WETLAND # 70-247W Please refer to Exhibit 22 showing the approximate location of the wetland in relation to the pit location. This wetland will not be disturbed in anyway by our activities. The drainage on this property nms from the southeast to the northwest. The location of this wetland is directly southeast from our proposed gravel pit. There will be no drainage into the wetland, nor will the wetland be drained of water. Currently, there is a natural buffer between this wetland and our pit location. Ryan Contracting will review this area with the DNR, and if requested, Ryan Contracting will install heavy duty silt fence as a precaution. Currently, there is a natural land and wooded buffer between our property and the wetland. This area will not be disturbed, nor traversed in anyway. 17) Groundwater Well Head: Sanitation: The concern by the SMSC in the elevation of the floor of the proposed pit to their Public Water Supply (PWS) well is being taken with great concern. The elevation of the floor in the proposed pit will start at an elevation of 884.00 and may be excavated to an elevation of 850.00 with a restored elevation of 870.00. The grOlmd water is at an elevation of 743.00 according to the Mean Sea Level (MSL.) with bedrock at 750.00 according to SC-Geo Atlas. Excavation of mined material will leave over 100 feet between the proposed pit floor and the Jordan Aquifer. The Minnesota Department of Health recommends at least 50 feet or more in separation. The distance between the aquifer and the pit floor is double the recommended separation distance. This distance should satisfy concerns the SMSC had with the proximity and operation of the proposed pit. Ryan Contracting is proposing to use satellite toilet facilities on the site. A maximum of five employees will be working on the site, not including -independent trucking companies. The satellite toilet facilities wil! be maintained by an independent company and maintained weekly during the operating months of the year. This facility will be located adjacent to our parking area as shown in Exhibit 8. This facility will be removed when our operation is not in use. 8 Fuel Storafle: Ryan Contracting will be storing fuel on the site in an above ground lOOO gallon steel tank placed in a concrete enclosure. The fuel will be diesel fuel for the operating of the screening plant and the construction equipment only. The concrete enclosure will contain spills if leakage from the tank did occur. The enclosure is made by Crest and is a MPCA approved design for this exact situation. Please see Exhibit 24 containing specifications on the enclosure. The enclosure will have a roof over it along with a metal chain link fence. The fuel tank will be locked when not in use. Due to the concerns from the Shakopee Mdewakanton Sioux CommWlity (SMSC) regarding fuel spillage, this is the best solution. The enclosure will trap any fuel that is spilled or leaked out of the tank and wjJl prevent fuel from contaminating the groundwater. With the tank on site, this will reduce the nmnber of refueling trips to the site and decreasing the possibility of a fuel spill. In the Wllikely event a fuel spill would occur, Ryan Contracting would respond by following state guidelines as outlined by the 1v.1PCA. These guidelines are included in our application under Exhibit 24. EQui'ommt Fuel: The SMSC has expressed concerns regarding possible fuel spills from the intregaI fuel tanks on our equipment These concerns are unwarranted. The intregal tanks constructed on heavy equipment are built for heavy operations to withstand hard and severe use. The possibility of a fuel spill caused by a ruptured fuel tank from our equipment is far less likely than a fuel spill from your own car. Ryan Contracting Company will not be drilling or installing any wells on this property. Ryan Contracting Company will be taking water from the sedimentation pond for use on site to water roads. 9 hi 1 :1 IIIr / N N ~ l/') ,..... ,..... ~ N N Z o ~ ~ U ~ tI.:l ~ o ~ ~ ~ U ; ~ d o ci' ~ u1~ buill) <( ~i lI:~uf I- ..,w Z ... D- O g~ olE;~ z CIl <( >- II: j/ \ " .,..,..,/ , \..'-" \ \ \.. "-""';7 ~ ~ II 1 I 1,.