HomeMy WebLinkAbout8A - Ryan Gravel Mine CUP
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
FEBRUARY 27, 2001 (REVISED)
8A
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 1;4,
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 and crushing of any materials 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
over the 10-year period. The materials mined will be used for road
construction and general fill. Attached is a narrative submitted by
Ryan Contracting 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 CUP application. The City Council originally considered
this request in December, 1999, and then in January, 2000. Prior to a
decision, the Council received a petition, originated by the Shakopee
Mdewakanton Sioux Community, 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 EAW.
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. On January 22, 2001, the
City Council voted to defer action on this decision until February 20,
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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2001, in accordance with Minnesota Rules 4400.1700, subp. 2a, which
allows the RGU to postpone the decision on the need for an EIS, for
not more than 30 days, in order to obtain lacking information. The
purpose of postponing this decision was to allow staff the opportunity
to clarify some conflicting information about the wetlands on the site
and on the number of wells needed for this project. On February 20,
2001, the City Council made a negative declaration on the need for an
EIS.
The Council also reviewed the conditional use permit at its February
20, 2001 meeting. The Council reviewed each of the resolution
conditions, line by line, because the City Council wanted to be sure
that each issue raised by the EA W be safeguarded by the conditions
contained in the approving resolution. As the Mayor indicated at the
last meeting, when there is a conflict between a development proposed
and protection of the environment, his priority will be the
environment. The Council directed staff to prepare a revised
resolution outlining the conditions of approval of this permit. The
conditions included in the resolution are intended to mitigate any
potential environmental impacts and impacts on the adjacent properties
as a result of this use. Leisch Associates also reviewed the original
draft resolution and suggested some modifications in order to clarify
some items. These modifications have been incorporated into the
attached resolution. With these modifications, it is Liesch's opinion
that the potential environmental effects associated with the proposed
project would be adequately addressed and that the proposed project
would not pose significant environmental effects.
Current Circumstances: The subject site consists of approximately
30 acres with 12.91 acres included in the mining plan. Prior Lake
Zoning Ordinance 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 11 01.509. Section II 01.509 is the provision on Grading,
Filling, Land Reclamation, and Excavation. The criteria are set out
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
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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 granted for 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. (emphasis added)
The attached resolution includes revisions based upon comments from
the City Council at its February 20, 2001 meeting and lists the
conditions required to meet the above criteria. The City Council may
again 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.
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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 ofthe 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
district. The conditions set forth in the Zoning Ordinance will be
met with the issuance ofthe 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 bome 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
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application, glvmg 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 (McKenna 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
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
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FISCAL IMP ACT:
AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
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.
rnnrlmdnn. The Planning Commission and staff recommend
approval of the applicant's request for a conditional use permit subject
to the conditions listed in the attached resolution.
RIJ/lgpt Tmpnrt. The CUP will have no fiscal impact on the City as
security, in the form of a letter of credit for any costs to the City which
may be incurred by the City as a result of the operation of this facility,
will be held.
The City Council has two alternatives:
1. Adopt Resolution #Ol-XX approving the Conditional Use Permit
for Ryan Contracting subject to the listed conditions, or modified
conditions as the Council may determine.
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
staff to prepare a resolution with findings of fact for the denial of
these requests.
The 120-day period for City action will expire on March 3, 2001.
Staff recommends alternative # I.
1. A motion and seco to approve Resolution Ol-XX approving the
Conditional Use R mit, subject to the listed conditions.
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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 III
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 anEAW was necessary
and the GO-day rule was suspended as required by Minnesota Statutes 15.99
postponed action on the CUP until action on the EA W was completed; and
WHEREAS, On Januarv 22,2001, following review of the comments and responses to the
comments on the EA W, the City Council voted to defer action on this
decision until February 20, 2001, in accordance with Minnesota Rules
4400.1700, subp. la, in order to allow staff the opportunity to clarify
some conflicting infoTI11ation about the wetlands on the site and on the
number of wells needed for this project; and
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
On February 20, 2001, the City Council considered the EA W for this project
and made a negative declaration on the need for further environmental
review; and
On February 23. 200 l. in accordance with Minnesota Rules 4400. 1 700. subp.
5. the City distributed a notice of the City Council decision and responses to
the comments received on the EA W: and
The Planning Commission and City Council find the CUP for Excavation of
Sand and Gravel located in the SE Quarter of Section 22, T115, R22 for Ryan
Contracting in harmonyaccord with existing development in the area
surrounding the project; and
The Planning Commission and City Council find 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 thereji-om 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. The conditions applied to the permit 11'm protect the
health. safer]' and general lvelfare oOlte cOlJzl11zmitv.
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. The potential impact on the
adjacent public roads is addressed in the conditions set forth herein.
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e. The use will not have undue adverse impacts on the use and enjoyment oj properties
in close proximity to the conditional use. The required henning. landscaping.
prohibition (/f!;ainst Oil-site lie:htinr; and limitations on the hours o( operation ,vill
protect the adjacent properties.
f The use f&-}vil/ he compatible with the general welfare, public saJety and
neighborhood character when the conditions are applied and complied with.
IV. The Conditional Use Permit is hereby approved subject to the following conditions
a. This resolution is the Conditional Use Penn it.
a".b. The reso!utien apprm'ing the CUP is not valid until this resolution is prior /() being
recorded.
e,.c. Prior to the recording oj the resolution, the following revisions must be made to the
plans and reviewed and approved hv Citv staff'
1) The landscape plan must be revised to indicate a one Jar one replacement oj
trees removed (42 caliper inches) as part oj the reclamation and staging
plan. The plan must also indicate that plantings are to be installed upon
completion oj each phase.
2) The landscape plan must be revised to include landscaping oj 1 tree per 10
lineal Jeet oj berm is to be instal!cd as per item 7 on Recapitulation oj 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 Jrom the
public street to the parking lot~ a-nd-a paved parking lot, and a paved ii/eling
pad.
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 and plans (or engineered
drainae:e and storm ,vater controls must be submitted to the Citv (or review
and approval.
6) The plans must be revised to eliminate the permanent above-grou.nd fuel
storage area.
7) Utility plans indicating electrical line locations must be submitted, if there is
to be electrical equipment 0/1 the site.
8) The plans must be revised to identify a monitoring well at the northwest
corner oj the site. The exact numher, location, depth, and specification are to
be based on recommendations Jrom a certified independent consultant
approved by the City Engineer.
9) The applicant and property owners must enter into a Developer's Agreement
with the Citv dtElched hereto. The Developers Agreement includes
provisions dealing with right oj entry and indemnification. ~Treatment of
the required Irrevocable Letter oj Credit is also detailed within the
Agreement.
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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 $2-100,000 (approximate/v 125'Y0 of
the (ollOlvinf!, costs) and ensures the following:
(a) McKenna Road maintenance ($100,000);
(b) Paved driveway and parking area ($37.200);
(c) Landscaping costs ($11,687.50);
(d) Dust control ($5.000);
(e) Reclamation (final site restoration, grading)($75.000);
(f) Monitoring of the wetland and ground water (monitoring
well)($ 7, 5(0);
(r;) Am' enviromllental contamination, including groundwater
pol/ution, wetland diminution or destruction ($100,000)
(h) An)' fees incurred bv the Citv in the en(()rcement o(the Conditional
Use Permit,
] 1) Jfthe Citv must draw upon the irrevocable letter o{credit, the applicant shall
be responsible ('or bringing the irrevocable letter of credit back to $500,000
H'ithin 15 dal's of an V draw down.
(g)Any other costs associmed 1'.'ith this project inc!uding attorney's fces and
clean up costs per O(]' Code Sectio,'.. 1 J09.90?,
.J-412) 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.
.J.;J.f13) Prior to beginning work, the required PCA permits must be obtained,
and copies provided to the City.
-l-Jf14) The required Watershed permits must be obtained, and copies provided
to the City prior to beginning work.
.J.4-}] 5) An Assent Form, as required by ordinance, is to be signed by the
applicant and all property owners.
tf,-d. These conditions must be met prior to beginning work:
1) A wetland delineation report must be prepared and submitted to the City J2.
determine ifiurisdictional wetlands are present on the site. and is to include,
if necessarl', }vetland replacement or mitigation plans. The monitorin!.?, wel/
is to be installed ar the site. An il:itia! Baseline water quality analysis of the
DNR protected wetland is to be cOlllpleted and results submitted to the City
as prepared by an independent laboratory approved by the City. Testing
parameters and fi"equencies are identified in IV, e, 6 and 7.
2) The operation oOhe pit cannot result in drainage or other degradation o(the
DNR protected 1vetland. Rl'an Contractin!!: is to submit to the ON {or review
and approval a work plan to evaluate the potential effect of the proposed
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minin:< operation on the DNR protected wetland and anI' other jurisdictional
wetlands on the site. The work is to evaluate potential impact fi.o171 the
mininf!. below the perched elevation of the wetland or bv reducinf!. the
catchment basin size of the wetland. At the completion of the work. a report
is to be submitted to the Cit" that summarizes the findin:<s and provides (J
wetland replacement or mitigation plan. if needed.
WLProposed traffic signs require approval fi"om 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.
fHLA secured gate and 6' high perimeter fence is to be installed prior to
beginning work. The property must be signed as private property.
~ The driveway from the public street to the parking lo( fHffi-the parking lot
and the refileling pad must be hard swfaced (paved) and installed prior to
beginning work.
~The parking area and parking lot screening must be completed.
~The resolution approving the CUP must be recorded on all affected
properties and proof of such recording presented to the Planning
Department.
8) Prior to beginning work on the site. the Cit" will inspect McKenna Road and
docUlnent its current condition. Once work has commenced. the Otl' staff
will inspect the road on an ongoing basis. Repairs required as a result of
this use must be completed no later than October 31st.
4-e. These conditions are ongoing and must be met at all times:
1) No permanent fuel storage_-is allowed on the site. All vehicles and equipment
refueling must take place on an impervious pad. required in section IV. c, 3
of this ---IJ.i.etresolution that has the capacity to contain a fuel spill of 500
gallonso The file! tank truck fila" not be stored overni.e:ht. When not in use,
all motorized equipment must be stored on the impervious fuelinf!. pad.
Refzleling trucks, or truck mounted refueling tanks nUll' not be stationed at the
site except for refueling and cannot be left unattended. All waste fluids and
oils exchanged fi'om on-site equipment during maintenance must be removed
,fi-om the site, the completion of'equipment maintenance.
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2) No lighting is permitted on site.
3) The project is limited to 12.91 acres as indicated in Exhibit A. and 10 an
elevation of' 850' MSL. An)' excawltion beyond the area identified in Exhibit
A wi!! require the prcp(lrctiol1 (f c 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. No water mal' be
drcl"wn fi.om the existin.f!. 1-vells 0/1 the McKenna and Kinne]! properties 011
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which the site is located other than water to serve the residential needs o(the
existing houses on the properties.
6) Monthly water testing from the required monitoring well is to be conducted
two times prior to initiation of mining at the site. All monitoring results are
to be submitted to the City of Prior Lake Engineering Department 1vithin 45
davs of each samplinf.!, event.by the last business de)" of" each month. The
initial two water analys~js will serve as the base line for subsequent hiannual
(spring and f(zll) monthzr monitoring. Testing shall be done for the
!ollmving: 1) Volatile Organic Compounds; 2) PCB's; 3) Ammonia
Nitro,f.!,en; 4) K;edahl Nitrogen; 5) Nitrate+Nitrite Nitrogen; 6) Phosphorus.
Total; 7) Total Suspended Solids; 8) Diesel Range Organics; and 9) Gasoline
Range Organics. Ryan Contracting will be responsible for locating the
source of any contamination and taking immediate and comprehensive
corrective action, if necessarr. for contamination for which thev are
responsible and reporting such action to the Citv.
7) Water testing fi'OlIl the wetland is to be conducted two times prior to
initiation of minin,f.!, at the site if there is available water in the vvetland. All
monitorinf.!, results are to be submitted to the Ot)' of Prior Lake Engineering
Department within 45 davs of each sampling event. The initial t1vo water
analvses will senJe as the base line for subsequent biannual (spring and fall)
monitorinf.!,. Testing shall be done for the following: 1) Volatile Organic
Compounds; 2) PCB '.I; 3) Ammonia Nitrogen; 4) K;edahl Nitrogen; 5)
Nitrate+Nitrite Nitrogen; 6) Phosphorus, Total; 7) Total Suspended Solids;
8) Diesel Range Organics: and 9) Gasoline Range Organics. A staffgauge is
also to be installed to mOllitor water levels in the lvetland lvith ]ovateI'
elevations recorded monthlv. Rvan Contracting will be respons'ible for
locatin!!, the source of anv contamination and takir?!!, immediate and
comprehensive corrective action. if necessarv, for contamination for which
thev are responsible, and reporting such action to the City
8) Initial decibel readings of all equipment used in the mining operation shall
be cOlnpleted 171' a part1' whose credentials and experience shall be approved
bv the Citv, and a written report shall be subn?itted to the Citv prior to
be,e:inning work. Decibel readings of all equipment used in the mining
operation shall be completed on a semiannual basis and a 1-vritten report
s'ubmitted to the Citv.
~ 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.
~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.
-2il!..L Separate sign permits are required for commercial signage.
.J-Q..}-] 2) Hours of operation are 6:30 a.m. to ~7:30 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, except the operation is
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allowed on Martin Luther King Dav. President's Dov. Columbus Dav and
Veteran '.1' Dav.
.J-/.-f13) rVElter fo," dust control shall be pr01'idcd Fom an otTsitc source. The
operation of the pit cannot result in the drainage or other degradation of the
DNR protected wetland.
./-J.f14) 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. Water far dust control shall be provided fr01l1
an off-site source.
V. The CUP is valid for one year, but is revocable at any time for noncompliance with any
condition contained herein. 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 ofthis 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.
VI. Project PIan Book (application with revisions dated November 19, 1999) submitted by
Ryan Contracting is attached hereto as Exhibit (A) and incorporated as part of this
resolution. If there is any conflict between the Project Plan Book and this resolution, the
conditions of this resolution take precedence.
VII. If any portion, section, subsection, sentence, clause, para!!raph, or phrase of this
Resolution is for any reason held invalid by a court of competent iurisdiction, such decision
shall not affect the validity of the remaining portion of this Resolution.
VIII. A Development Agreement memorializing the contents of this resolution shall be prepared
by the City Attorney and approved by the City Council. Any conflict between this
resolution and the Development A~1reement shall be resolved in favor of the document
which is more restrictive and whose conditions most protect the environment. The City
Council shall be the sole arbitrator of this decision.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for Ryan Contracting. The contents of Planning Case File #99-075 are hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 21Gth day of February 2001.
YES
NO
Mader
Ericson
Gundlach
Petersen
Mader
Ericson
Gundlach
Petersen
1: \99fiJes\99cup\99-07 5\resol ution.doc
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LliSH
LIESCH ASSOCIATES, INC. 13400 15TH AVENUE NORTH MINNEAPOLIS, MN 55441 6121559-1423 FAX: 6121559-2202
February 27,2001
Ms. J me Kansier
Planning Coordinator
City Of Prior Lake.
16200 Eagle Creek Avenue SE
Prior Lake, MN,55372-1714
RE: Ryan Contracting Gravel Pit EA W
Dear Ms. Kansic:r:
At the request of the City of Prior Lake, Liesch Associates, Inc. (Liesch) has reviewed the draft
Conditional Use Permit (Resolution 01-XX) for the proposed Ryan Contracting sand and gravel
mining pit as. prepared by the City. In review of the draft Conditional Use Permit.{Draft CUP),
Liesch has provided some proposed modifications that may help clarify someitetns. These
clarifications and modifications are attached for the City's consideration. With the attached
modifications, it is Liesch's opinion. that the potential environmental effects .8Ssociated with the
proposed project would be adequately addressed through permitting processes and tha.~ the proposed
project would not pose signifieant enviromnental effects.
We appreciate the opportunity to. assist the City of Prior Lake with this project. If you have any
questions please contact us. Thank you.
Sincerely,
LIESCH ASSOCIATES, INC.
MtJAt at~
Mark Olson
Project Manager
\PRJS\cnv\643S2\CUPltr2.26~1.dllC
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City of Prior Lake
Proposed. Ryan Contracting Gravel Pit
Conditional Use Permit - Resolution Ol=XX
(February 2001)
The following are some proposed modifications to the draft Conditional Use Permit Resolution 01-
XX, as prepared by the City of Prior Lake for the proposed Ryan Contracting, Inc. gravel mining
site. The items listed are identified by page and item number and additions are identified by bold
text. All are from Section IV of the resolution.
IV. b. Prior to the recording of the resolution ..............
Page 3.
b.5) Drainage and storm water rate calCulations, ""d Dlans f01'IfflJ.?ineered drainaee IUId sto,.",
water controls must be submitted to the Citv for review and a""rol1al.
b.6) The plans must be revised to eliminate the permanent above-ground fuel storage area
origi,."Uy proposed for the site.
IV. c. These conditions must be met prior 10 beginning work:
Page 4.
c.l) A wetland delineation report must be prepared and submitted to the City to determine if
iurisdidional wetlands al'e "resent on the site. and is to include. jf necessa",. wetland
reDIa.cement or mmeatio" Dla"5.. The mo"ttorinJ! well is to be insttllled lit. the site.
Baseline AH initial water quality ana/ysg;is of the DNR Droteded wetland and monitor/nR
?!!!!!1 is to be completed. and resu.lts submitted to the City as prepared by an independent
laboratory approved by the City. Testinl! parameters and frequencies are ident.ified ill item.
IV.d.61I11d 7.
The following should be:: added to ---- IV. c. These conditions must be met prior to beginning work
Perhaps number as item c.2) to keep wetland items together or it added at end ofIV.c.
c. xx) The operation of the pit cannon result in the drainage or other degradalion 0/ the DNR
protected wetland. Rl1a" Contractinf? is to submit to the Citv for review a"d IlDDrol1D.1 a
work Dla" to evaluate the potential effed of the Droposed minim! operation on the DNR
protected wetland and an11 other jurisdictional wetllUlds on the site. The work is to
IWlIlullte potential Unpact from mi"iml below the perched elevation of the wetland or ~
reduci"J! the catchment basi" site ortlle wetland.. At the completion of the work fl repo~t
is to be submitted to the Citv that summarizes the filldinJ!S and provides a wetland
replacement or mitil!ation plrtn. if needed.
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N. d. These conditions are ongoing and must be met at all times:
Page 4.
d.l) No permanent fuel storage ftrdudill:: {J {lite: tank tlw(:k is allowed on the site. All vehicles
and equ.ipment refueling must take place on an impervious pad that has the capacity to
contain a fuel spill of 500 gallons. When not in use. eQui'Dment must be stored on the
imDervious "ad. Refuel;,,!! trucks or truck mou.nted re(uelilJJ! tanks mav not be stationed
at the site exce"t (or refueli,,!! and ca"nol be left unattended. All waste fluids a"d oils
excha"1!ed ""om o"-site equipment durin I! maintenallce 1JIust be removed from the Site at
the completio" of equi"me"t maintenance.
Some type of fuel truck or pick-up trucks with DOT refueling tanks will be needed.
Page 5.
d.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, No water may be drawn from the existinE wells on the
Mckenna and Kinnev "roDerties 0" which the site is located other than for residential u.ses.
d.6) Monthly water testing from the required monitoring well is to be ccmducted two tImes DriOl'
to initiatio" of minine at the site. AU 1JIonitoriPlI! results al'e to be submitted to the City of
Prior Lake Engineering Department with;" 45 davs o( each sarnplin2 event by Ihe la~
busine.ss rkIy 9foseh H181'1Ht. The initial three W(lter analyses will serve as the base line for
subsequent biannual (s",.inJ! Ilnd Fall) 1f7BHfh~)' monitoring. TestinJi! shall be done for the
followin!!: J) Volatile OrJi!anic Compounds: ]) PCBs: 3) Ammonia Nitro!!en: 4) Kiedahl
NitrOJi!en. 5) Nitrate+Nitrite Nitro~en: 6) PhosDhorus. Total: 7) Total SusDended Solids: 8)
Diesel Ran!!e OrJ!anics: and. 9) Gasoline Ramze OrIilanics. Ryan Contracting will be
responsible for locating the source of any contamination and taking corrective action...J[
necessarv. for conta1Jlination fo, which thev aTe resDonsible.
d.7) Annu(;/;l Water testinJi! from the wetland is to be conducted two times ",ior to i"aiatio" of
mi"in!! lit the site if the,e is available ,",lI1e" in the wetland. All monitonne results are to
be submitted to the City of Prior Lake Ens.rineering Department within 45 davs o( ellch
slllrlplinl! et1ellt. hy the last 8woilJ$5J ti8:.. 8,( C8;()X mB-llth, The initial water analyses will serve
as the base line for subsequent bia"nual (sDrinl! "nd (all) m61ttn.J-,. monitorinIt. TestinJ!
shall be done for the followinf!: J) Volatile Or$!anic Comuunds: 2) PCBs: 3) Ammonia
Nitrogen: 4) Kiedahl Nitro!!e1t, 5) Nitrate+Nitrite NitroJi!en: 6) Phosphorus. Total: 7) Total
S~"ended Solids: 8) Diesel Ra"~e Orf!anics: and. 9) Gasoline RanS!e Orf!anics. A staff
J!aUlle is also to be installed to Monitor water levels ill the wetland with water elevations
recorded ImJlf.thlv- Rvan Contractin!! will be resDonsible (or [ocati,,$!. the source or any
contamination and takin!! corrective action. . if necessarv. fo, contamination for which thlfY
are responsible.
d.12) W-sler Jl".er SblS: CS11!re! shall be prrnidl.w fr-lim 6!N t:1f si,'-(! .w:JUroo. The operation of the pit
cannot result in the drainage or other degradation of the DNR protected wetland.
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d.13) Wateringfor dust control shall be done on a" as needed basis or within 24 hours of 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 the roadways. Wate,. for dust
control shall be ",.ovided from an off-site source.
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