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HomeMy WebLinkAbout9A - Ryan Construction CUP MEETING DATE: AGENDA #: PREP ARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT T~ 7{ /</ ;//7 {}o DECEMBER 6, 1999 9A JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 99-XX 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 Historv: On September 29, 1999, a completed application was received for the excavation of sand and gravel from property located in the SE 'l4, Section 22, Township 115, Range 22. This property is owned by Richard McKenna and Joseph and Carolyn Kinney. Due to an error in the legal description provided and upon recommendation of staff, the Planning Commission opened the public hearing on October 25, 1999 and continued it to November 8, 1999. On November 8, 1999 the Planning Commission recommended the City Council approve the CUP with conditions. Ryan Contracting is proposing to operate a sand and gravel mining operation. The operation will consist of mining and processing 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. The operation will run from 6 a.m. -8 p.m. Monday through Friday and 8 a.m.-5p.m. on Saturdays. Attached is a 5-page submittal from Ryan Contracting specifying the details of the proposed operation. Current Circumstances: The subject site consists of approximately 30 acres with 13 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. An Environmental Assessment Worksheet is not required by statute. The City may, however, require one be completed. After meeting with \ \fs 1 \sys\dept\planning\99files\99cup\99-07 5\99-07 5 cc.docPage 1 16200 Eagle Creek Ave. S.L Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E~lPLOYER Ryan Contracting, and evaluating the materials submitted before and after the November 8th Planning Commission public hearing, staff feels the issues that would be raised with an EA W can be addressed with our reVIew. 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 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. The issues listed below are responses to the ordinance criteria and to the information discussed at the November 8th Planning Commission public hearing. The notebook dates November 19, 1999 provides the complete Ryan application with all amendments made. \ \fs 1 \sys\dept\planning\99files\99cup\99-07 5\99-07 5 cc.docPage 2 1. Submit a landscape plan prepared by a registered landscape architect, with one planting per 40 feet of site perimeter, as required by City Ordinance. City Ordinance requires 1 tree per 40 feet of site perimeter. 90 Trees are required to be planted on the site. Credit is given for existing materials. There are 94 existing trees on site meeting the size and species of the Ordinance. Only one of these trees is to be removed as part of the excavation operations. Since the remaining 93 trees will be preserved, no additional plantings are required as a part of the Landscape Ordinance. 2. Submit a tree inventory and a tree preservation plan indicating the specific trees to be removed and replacement as required per City Ordinance. There are 1,540 total significant caliper inches on the site. 25% or 345 caliper inches can be removed without replacement. The applicant is proposing to remove one 42-inch tree or 3% of the total caliper inches. The Tree Preservation Plan meets the ordinance. 3. Submit expanded reclamation plan indicating how the area will be graded and reclaimed so as to be suitable for future residential use. A staging plan for reclaiming the site as it is completed must be a part of this. The site should be restored with top soil, seed and additional landscaping to control dust as soon as possible after staging areas have been mined. The applicants have provided letters from the property owners stating their future intended use is agricultural. The property owners are satisfied with the future reclamation as it relates to their future proposed use. At this time, until utilities are available the proposed future use of agricultural is reasonable. The Comprehensive Land Use Plan designates this property as RL/MD (Low to medium density residential). A future residential development will be possible on the site as slopes will not exceed 3:1. 4. Submit a site plan indicating proposed structures (including temporary restroom facilities), and fixed equipment with setbacks and proposed fueling areas. Any fueling areas and tanks should be located on an impervious surface and meet structure setbacks. Specifications for the parking area should be submitted and compliant with City Code requirements (paved with curb) and setbacks indicated. Parking area and equipment storage areas should be screened. Fixed equipment and parking will not be permitted over a lot line and must meet all required setbacks. A \ \fs 1 \sys\dept\planning\99files\99cup\99-07 5\99-07 5 cc.docPage 3 contingency plan must be submitted and approved by the City Engineer for properly handling all fuel spills related to fixed tanks or equipment. The screen plant is 150 feet from the nearest property line and the parking area is 100 feet from the nearest property lines. This exceeds the minimum required setbacks per ordinance. Specifications on the fuel storage container have been provided. It is an enclosure which prohibits leaking into the ground by design. The applicant will pave and provide curbing of the parking area. All fixed equipment will meet setbacks. The parking area needs to be screened. This is an outstanding condition made a part of the resolution. 5. Submit a plan for continual monitoring of water quality. A report shall be submitted prior to beginning mining, with reports submitted to the city on a regular basis. A plan for maintaining the current quality of water in the area must be submitted prior to beginning work. A letter from Ryan states annual testing of the wetland will be submitted to the City. An attached letter from Braun Engineering lists the chemicals to be monitored. This is acceptable and is made a condition of the resolution. 6. The storm water calculations were prepared by an engineer and the drainage plan was prepared by a land surveyor. The grading plan should clearly indicate property lines and proposed grades and berming. The grading plan should be revised as follows: Additional silt fence is needed on the SW corner of the site. Hydrologic/hydraulic calculations needed for 2,10 & 100 year event storms showing existing and proposed run-off rates from the site in cubic feet per second (CFS), pond slopes below normal water level are to be 6:1 slope, 4:1 slopes required above the normal water level of the sediment ponds, all other grades cannot exceed 3: 1. A revised grading plan was submitted and is acceptable. However, hydrologic/hydraulic calculations submitted are inadequate (Memo 11/19/99 from Sue McDermott). The proper information (direction and rate of run-off) must be submitted prior to the recording of the resolution and is a condition of approval. 7. DNR issues include protection of DNR wetland #70-247W. Water use for dust control of greater than 10,000 gallons per day or 1 million gallons per year requires a DNR permit. Provide a schedule with quantities and specific water sources for dewatering. \\fs 1 \sys\dept\planning\99fi1es\99cup\99-07 5\99-07 5cc.docPage 4 The operation of the pit cannot result in the drainage or other degradation of the DNR protected wetland. This is a condition of the resolution. 8. A letter of credit must be submitted. The LOC will be for 125% of landscaping costs, road maintenance/reconstruction, and environmental testing/inspections to ensure compliance with the CUP. Estimates or bids must be submitted for the required landscaping. Estimates for road maintenance and environmental testing must also be submitted and approved by the City Engineer. An estimate has been submitted and is acceptable. A LOC acceptable to the City Attorney must be submitted prior to recording the resolution. This is a condition listed on the resolution. 9. Submit plan for dust control. Water what, where, when? The applicant has submitted a letter identifying dust control methods. They will water the site within 24 hours of city notification if needed. This is a condition in the resolution. 10. Submit plans for maintenance, upgrading, clean up, and safety of McKenna Road/CSAH 42. The applicant met with the engineering staff regarding this concern. The applicant intends to maintain the current condition of McKenna Road throughout the excavation. A LOC will be posted with the city for maintenance and/or repair. The condition of McKenna road will be reviewed on an annual basis as a part of renewal of the CUP. The applicant is responsible for maintain the current condition of McKenna Road. 11. The CUP is valid for one year. Renewal of the CUP is to include a staging plan to date, reclamation to date, along with water quality, road quality, wetland quality, and air quality reports submitted by qualified professionals. This is a condition listed in the resolution. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval ofa CUP: \\fs 1 \sys\dept\planning\99fi1es\99cup\99-07 5\99-07 5cc.docPage 5 (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective 5, under the goal of Security, 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 for 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 should require exact replacement of trees removed (42 caliper inches) to restore the natural environment as much as possible. The Comprehensive Land Use guide plan, designates the future land use as single family 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. Annual review of the CUP will 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 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. \\fs 1 \sys\dept\planning\99files\99cup\99-07 5\99-07 5cc.docPage 6 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 CR 42 as is 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 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 (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 could and will occur at some point in the future. (Staff expects this to be at least 10 years.) 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 maintained quality of roads, trees, and wetlands. 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. 25% Ofthe total caliper inches can be removed without replacement and the applicant is proposing to remove one tree (3% of total inches). Compliance with these provisions exists. \\fs 1 \sys\dept\planning\99fi les\99cup\99-07 5\99-07 5 cc.docPage 7 (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 are planned such as water, sewer, electricity, gas, or telephone. 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. Additional conditions are being recommended based on the issues addressed with specific review of City Code 1101.509 Grading, Filling, Land Reclamation and Excavation, the DNR Handbook for Reclaiming Mining Sites, staff review, and public comments received. Conclusion: Planning Commission and staffhave concluded the proposed excavation of sand and gravel is reasonable and not detrimental to the community. The Planning Commission and staff recommend approval ofthis request subject to the following conditions: These conditions must be met prior to the recording of the resolution: 1. A one for one replacement of trees removed, (42 caliper inches) is to be completed as part of the reclamation and staging plan. Landscaping plan to indicate this additional replacement. Plantings are to be installed upon completion of phases. 2. Landscaping of 1 tree per 10 lineal feet of berm is to be installed as per item 7 on Recapitulation of CUP Application submitted by Ryan Contracting. A complete landscape plan is to be submitted \ \fs 1 \sys\dept\planning\99files\99cup\99-07 5\99-07 5cc.docPage 8 FISCAL IMPACT: ALTERNATIVES: including these trees and the additional 10 perimeter trees as shown on the proposed landscape plan. Plantings are to be installed upon completed of phases. 3. Driveway from the public street to the parking lot is to be hardsurfaced (paved) prior to beginning work. 4. Screen parking area with additional plantings. This is to be shown on a revised landscaping plan. 5. Revise storm water calculations per Engineering Memo dated 11/19/99. 6. Letter of Credit, to be approved by the City Attorney, is to be submitted prior to the recording of the resolution. These conditions are ongoing and must be met at all times: 1. No lighting permitted on site. 2. Separate sign permits required for commercial signage. 3. Proposed traffic signs require approval from the City Engineer and must meet MN Uniform Traffic Control Devices standards. 4. The required PCA permits must be obtained, and copies provided to the City, prior to beginning work. 5. Project Plan Book submitted by Ryan Contracting is an Exhibit to the CUP for approval. 6. Hours of operation on Saturdays are limited to 8:00 a.m. to 12:00 noon. 7. Parking area is to be completed by July 1, 1999. 8. Annual water quality testing is to be submitted to the city as part of the annual renewal of the CUP. The current water quality of the wetland is to be maintained. A list of petroleum and detergents used on site is to be provided to the City. 9. Water use for dust control of greater than 10,000 gallons per day or 1 million gallons per year requires a DNR permit. The operation of the pit cannot result in the drainage or other degradation of the DNR protected wetland. 10. Watering for dust control will be done within 24 hours written notice from the City Engineer on an as needed basis. ll. The CUP is valid for one year. Renewal of the CUP is to include a staging plan to date, reclamation to date, along with road quality, wetland quality, and air quality reports submitted by qualified professionals. Budget Imoact: 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: \\fs 1 \sys\dept\planning\99files\99cup\99-075\99-075cc.docPage 9 RECOMMENDED MOTION: REVIEWED BY: 1. Adopt Resolution #99-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 staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. Staff recommends alternative # 1. 1. A motion and second to approve Resolution 99-XX approving the Conditional Use Pe it, subject to the listed conditions. \\fs 1 \sys\dept\planning\99files\99cup\99-07 5\99-07 5cc.docPage 10 CONDITIONAL USE PERMIT RESOLUTION 99-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, 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 harmony with existing development in the area surrounding the project; and WHEREAS, 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 llO1.509 (2) Excavation of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it hereby adopts the following findings: FINDINGS 1. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. \\fs 1 \sys\dept\planning\99files\99cup\99-075\reso99xx.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 E~lPLOYER 2. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. 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. 4. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. 5. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. 6. The use is compatible with the general welfare, public safety and neighborhood character. BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE approves the CUP for Ryan Contracting on the property legally described as follows: 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. BE IT FURTHER RESOLVED, approval of the CUP These condition must be met prior to the recording of the resolution: 1. A one for one replacement of trees removed, (42 caliper inches) is to be completed as part of the reclamation and staging plan. Landscaping plan to indicate this additional replacement. 2. Landscaping of 1 tree per 10 feet of berm is to be install as per item 7 on Recapitulation of CUP Application submitted by Ryan Contracting. A complete landscape plan is to be submitted including these trees and the additional 10 perimeter trees as shown on the proposed landscape plan. 3. Driveway from the public street to the parking lot is to be hardsurfaced (paved) prior to beginning work 4. Screen parking area with additional plantings. This is to be shown on a revised landscaping plan. 5. Revise storm water calculations per Engineering Memo dated 11119/99. \ \fs 1 \sys\dept\planning\99files\99cup\99-075\reso99xx.doc Page 2 6. Letter of Credit, to be approved by the City Attorney, is to be submitted prior to the recording of the resolution. 7. The resolution must be recorded and proof of recording submitted to the Planning Department prior to beginning work. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the CUP will be null and void if the necessary permits are not obtained for the proposed structures within one year after adoption of this resolution. These conditions are ongoing and must be met at all times: 1. No lighting permitted on site. 2. Separate sign permits required for commercial signage. 3. Proposed traffic signs require approval from the City Engineer and must meet MN Uniform Traffic Control Devices standards. 4. The required PCA permits must be obtained, and copies provided to the City, prior to beginning work. 5. Project Plan Book submitted by Ryan Contracting is an Exhibit to the CUP for approval. 6. Hours of operation on Saturdays are limited to 8:00 a.m. to 12:00 noon. 7. Parking area is to be completed by July 1, 1999. 8. Annual water quality testing is to be submitted to the city as part of the annual renewal of the CUP. The current water quality is to be maintained. A list of petroleum and detergents used on the site is to be provided to the City. 9. Water use for dust control of greater than 10,000 gallons per day or 1 million gallons per year requires a DNR permit. The operation of the pit cannot result in the drainage or other degradation of the DNR protected wetland. 10. Watering for dust control will be done within 24 hours written notice from the City Engineer on an as needed basis. 11. The CUP is valid for one year. Renewal of the CUP is to include a staging plan to date, reclamation to date, along with road quality, wetland quality, and air quality reports submitted by qualified professionals. CONCLUSION \\fs 1 \sys\dept\planning\99files\99cup\99-07 5\reso99xx.doc Page 3 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 6th day of December, 1999. YES NO Mader Kedrowski Petersen Schenck Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager, City of Prior Lake \\fs 1 \sys\dept\planning\99files\99cup\99-07 5\reso99xx.doc Page 4 Planning Commission Minutes November 8. 1999 COUNTY ROAD 21 AND FISH POINT ROAD. ALSO ADDRESS THE ISSUE OF PRIVATE TRAILS AND ROADWAYS IN THE DEVELOPMENTS AS INDICATED IN THE STAFF REPORT. INCLUDE AN EXPLANATION OF OUTLOT A - THE OWNERSHIP AND USE OF THE LOT. ADDRESS THE DESIGN OF MAPLE CURVE - RECOMMEND INCREASING THE 24 FOOT WIDTH TO 32 FEET. ALL PRIVATE STREETS IN THE DEVELOPMENT SHOULD BE BUILT TO PUBLIC STREET STANDARDS. CRAMER AMENDED THE MOTION TO UPDATE THE TRAFFIC STUDY TO THE NORTH INCLUDING THE EXTENSION. SECOND BY STAMSON. Vote taken indicated ayes by all. MOTION CARRIED. A recess was called at 8:40 p.m. The meeting reconvened at 8:50 p.m. -9 B. Case File 99-075 Ryan Contracting is requesting a Conditional Use Permit for grading, filling, land reclamation and excavation. The applicant is intending to operate a sand and gravel mining operation. Planner Jenni Tovar presented the Planning Report dated November 8, 1999, on file in the office ofthe City Planner. On September 29, 1999, a completed application was received for the excavation of sand and gravel from property located in the SE 'l4, Section 22, Township 115, Range 22. This property is owned by Richard McKenna and Joseph and Carolyn Kinney. Due to an error in the legal description, upon recommendation staff, the Planning Commission opened the public hearing on October 25, 1999 and continued it to November 8, 1999. Ryan Contracting is proposing to operate a sand and gravel mining operation. The operation will consist of mining and processing 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. The operation will run from 6 a.m. to 8 p.m. Monday through Friday and 8 a.m. to 5 p.m. on Saturdays. Staff received necessary information on Wednesday but were unable to review before the packets went out. The staff has since reviewed the information and felt the outstanding conditions and concerns were met. Staff recommended approval with the 5 conditions listed in the Planning Report. Tom Ryan, President of Ryan Contracting, explained the Conditional Use Permit request was to use the natural aggregate resources in the property and through the process address all environmental issues and concerns by staff. f:\dept\planning\99fi1es\99plcomm\pcmin\mn II 0899.doc 6 Planning Commission Minutes November 8.1999 Comments from the public: Craig Ahlman, 13799 McKenna Road, said he did not want this project next to his property. His other concerns are the truck traffic and times of operation. It is a long and big operation for the area. Rick Palla, 13755 McKenna Road, said he and his neighbors fought a gravel pit 10 years ago when the same family was trying put in an adjoining pit. Many residents fought the proposal and won. In the end, the Dakota Community bought the land. Palla felt his weekends offwill be spent next to a mining pit. Tovar explained the surrounding properties. Palla felt there was a lot of traffic in the area right now and was concerned for truck traffic. He felt the hours proposed are unreasonable and stated no one wants to live next to a gravel pit. Tovar explained the City sent notices to residents within 350 feet of the project. The City also sent out a review request to the Dakota Community prior to the report. There is a letter in the Commissioner's packets from the Community with their concerns. Tom Ryan, the applicant, commented they had a grading permit two years ago and voluntarily stopped mining until the City could change their conditional use permit process. Ryan said they want to be a positive force in the community. He went on to say they might be done in 3 years, hopefully they would not be mining in the area for 10 years, but it is unknown. They felt 10 years was suitable. The renewal is on an annual basis and ifthere are problems they can be brought up yearly. Concerning the hours of operation, Ryan said it is very unlikely they would be working during non-construction season. One of the conditions is no lighting. They cannot work in the dark and do not like to work on Saturdays. They are just trying to leave some leeway to work sufficiently. Evonne Anderson, 13222 Pike Lake Trail, representing the Southdale YMCA questioned the County Road 21 expansion and how it fits in the Watershed District. They are concerned with the high water at Pike Lake. Anderson also questioned the truck traffic on County Roads 16 and 42. They want to make sure there are safety precautions. Rye responded the County Road 21 alignment will be 300 to 400 feet from the property. McDermott pointed out a letter from the Watershed District indicating they would not look at the permit until the City approves the project. Tyler Enright of Ryan Contracting explained the proposed traffic flow stating County Road 16 will not be used. The public hearing was closed at 9:12 p.m. Comments from the Commissioners: f:\dept\planning\99fi1es\99plcomm\pcmin\mn II 0899.doc 7 Planning Commission Minutes November 8, 1999 Cramer: . Did not agree with staff s recommendation to approve. . Shepherd of the Lake Church is proposing a campus at the corner of County Road 42 and Pike Lake Trail. . That portion of County 42 and McKenna is cut down to 2 lanes and is notorious for being a danger area. . The Dakota Community indicated they had concerns with a nearby well. . McDermott responded the issue is addressed in Ryan's proposal and is within the guidelines issued by the Department of Health. . Does not feel this development is appropriate for the location given the other types of developments in the area. Will not support. V onhof: . Disagreed with Cramer. Felt this Conditional Use Permit is an interim use and is consistent with the Comprehensive Plan. It comes back for renewal every year. . The 11 issues in the Planning Report have been addressed. Any approval would have to address the concerns as part of the plan. . Regarding the off-site traffic and impact, Ryan agreed to maintain the road. It is also part of the condition. . Another concern is regarding noise on the site. The decibel level has been addressed and is adequate. . This is not a permanent long term use. It is appropriate and the conditions are met. Stamson: . Agreed with V onhof, it is a temporary use and expires within the time frame ofthe 2010 Plan. It is appropriate within the Comprehensive Plan. . His concerns have been addressed by staff. . One concern is the hours of operation. What are Savage's time for operation? Never had a problem with neighboring Savage's pit. Tovar responded the hours of operation are consistent with the City's combustion engine ordinance which allows lawnmowers and other types of machinery allowed within the hours. . Six p.m. deadline is more appropriate. . Tom Ryan said the reason for the hours requested is because it is consistent with the City's hours of operation. He also addressed Vonhofs concern of decibels. Their loudest decibel is in the 70 to 80 range. . Ryan said it is not their intent to occupy the pit full-time. Vonhof: . Be consistent with the time and noise ordinances. MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW EXCAVATION OF SAND AND GRAVEL AT THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 114, f:\dept\planning\99fi1es\99p1comm\pcmin\mn 11 0899.doc 8 Planning Commission Minutes November 8. J 999 RANGE 22, LOCATED ON MCKENNA ROAD, INCLUDING THE CONDITIONS IN THE STAFF REPORT. INCLUDE THE APPLICATION SUBMITTED BY RYAN EXCAVATING TO AMEND HOURS OF OPERATION FROM 8:00 A.M. TO 12:00 P.M. ON SATURDAY. Vote taken indicated ayes by V onhof and Stamson. Nay by Cramer. MOTION CARRIED. This item will go before the City Council on December 6, 1999. Dick Krier, Midwest Planning and Design requested a date change for continuing the Preliminary Plat and PUD for Deerfield to November 22, 1999 rather than December 13. Krier said he would like to address some of the Commissioner's concerns. The Commissioners felt it was not appropriate to reconsider this issue because of staff's concerns about review time and the fact that persons appearing for the public hearing were not present. 5. Old Business: 6. New Business: A. Case File 99-083 Chris Anderson is requesting a vacation of a portion of frontage road located adjacent to 16020 Eagle Creek Avenue. Planner Jenni Tovar presented the Planning Report dated November 3, 1999, on file in the office of the City Planner. The Planning Department received an application from Chris Anderson requesting the vacation of the portion of public roadway located in front of his property. The purpose ofthe vacation is to give Mr. Anderson more property in the front yard, resulting in a private area for a future garage. While variances would be needed for a future garage, the variance request would be minimized with greater lot area. Mr. Anderson is proposing to vacate 26.50 feet of right-of-way with 13 feet being retained in a utility easement for the City. The intent of the Comprehensive Plan will be met, however, there is a public interest in retaining the entire right-of-way as platted. Planning staff recommended denial ofthe request as submitted. Comments from the public: Chris Anderson, 16020 Eagle Creek Avenue, felt there was adequate distance to the road for utilities. He would like to build a garage stating his neighbors would like to see him complete it as soon as possible. Anderson would like to expedite the process. Neighbors signed a petition in support. Comments from the Commissioners: f:\dept\planning\99files\99p1comm\pcmin\mn 11 0899.doc 9 I .. ................ .-. -.. .......---........... - .... ... ..,. ........"... .. ....----................ .-.------ ....- ...-----".."."'....--------..----. .Memoraodum. I DATE: November 19,1999 TO: Jenni Tovar, Planner , FROM: Sue McDermott, Assistant City Enginee~~ RE: Conditional Use Permit - Ryan Contracting City Project # 99-43 The Engineering Department has reviewed the subject permit and has the following comment: Per City Code 1004.313, a drainage plan of the developed site is required delineating in which direction and at what rate storm water will be conveyed from / the site and setting forth the areas of the site where storm water will be allowed to collect. No rate calculations have been submitted yet. g: \memos\sue99\permit2 .doc 91+ RYAN CONTRACTING COMPANY RECAPITULATION OF CONDITIONAL USE PERMIT APPLICATION SAND AND GRAVEL MINE OPERATION PRIOR LAKE, MINNESOTA I. INTRODUCTION Ryan Contracting Company proposes to operate a sand and gravel mining operation within the City of Prior Lake. Ryan Contracting Co. is seeking a Conditional Use Permit from the City of Prior Lake to begin mining and processing including descreening, stoc1.-piling, and sale of product. Aggregate washing or operation of an asphalt or concrete plant is not 'a part of this operation. These activities, if required, will be performed off-site. The site is located on a combined 29.604 acres of land, of which only 12.91 acres are included in the proposed mining plan. The following information briefly describes our proposed use, more specific information can be obtained in our booklet submitted containing the Conditional Use Application. II. Narrative, Table of contents 1 Name and address of Applicant 2 Legal Description of Site 3 Name of Adjacent Property Owners within a 350' radius of Proposed Use 4 Specifications of the Following; Appropriate Maps, Photographs and Surveys 5 The Purpose of the Operation 6 The Estimated Time to ComPlete the Operation 7 The plan of operation 8 Traffic and Travel Routes 9 Drainage, Erosion Control, Sedimentation and Dust Control lO Tree Preservation 11 Rehabilitation Plan 12 Permits 13 Maintenance of McKenna Road 14 Compliance 15 Site Appearance 16 Wetland # 70-247W 17 Groundwater 1.) Name and Address of Aoolicant: Ryan Contracting Company 8700 131b Avenue East Shakopee, Minnesota 55379 2.) Legal descriotion of site: Richard McKenna Home address: 13787 McKenna Road Prior Lake, MN. 55372 Northwest Quarter of the Southeast Quarter of Section 22, Township 115, R8nge 22, except the West Half of said Northwest Quarter of the Southeast Quarter, Scott County, Minnesota. 1 ". ~ Joseph Kinney Home address 4270 140th Street Northwest Prior Lake, MN. 55372 The west 990.00 feet ( as measured at right angles) of the Northeast Quarter of the Southeast Quarter of Section 22, Township U5, Range 22 EXCEPTING there from the following: The South 62229 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. 3.) Names ofadiacent property landowners including 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 ofthe following. using apprOPriate maps. photographs and surveys: a. The physical relationship of the proposed site to the conl1mmity 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 surromding 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 material 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 loams 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 minimum 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 purpose of the operation: The purpose of the mining operation is to obtain natural 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 reQuired 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 Mininf! Activity: Mining activity typically occurs from March-December. The life of the mine is estimated to be 10 years. Hours of Ooeration: The site will be operated from 6:30 AM - 7:30 P.M. Monday - Friday and 8 A.M - 5 P.M. Saturdays on a seasonal basis. Operations: 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 Deparbnent 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) measmed at 50 feet away from the source. Screeners can generate Up to 78 dBA measured 3 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 Screeninf!". 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 both 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 Sloraf!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 MPCA 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 Tespond 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~: . The parking area as shown on the Exhibit 8 is for employee parking only. The surface of the parking 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 nearthe center of the gravel pit. 8) Traffic & Travel routes The site is located roughly Y4 mile north of County Road 42. To access the site from County Road 42, trucks will exit off County Road 42, onto McKenna Avenue, and twn 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 nmoff prior to leaving the site. These ponds will be constructed at the beginning of operation. They are designed to accoo:unodate a 10 year; 24 hour storm 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 minimizing 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 ~- - CalciUlJl chloride is used statewide by the State of Minnesota, counties, cities, townships, and recoD1TIlended 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 prClposed 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 2310" of trees surveyed by Gorman Land Surveying. The tree removal does not exceed the 25% tree removal limit, however Ryan Contracting will be planting over fifteen trees on the west berm ill addition to the ten proposed plantings shown 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 15, 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, minimir.ing the potential for erosion, and also allowing for future development of the land. Rehabilitation will involve final grading, slope stabilization, application oftopsoil 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 I: I and backfilled to a minimum of 2.5: 1. The slope of the floor of the pit will be 1.00"10. A minimum of 4" oftopsoil 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 oftopsoil. Approximately 8 acres of the pit floor area will require an average of 4".oftopsoil. 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 y~. 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 currently 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 fwnish 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 Stormwater Permn. Ryan 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 our 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 (612) 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 current 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 . u,i;1_n II' .!' 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. Ibis 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 ground 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 maximmn of five employees will be working on the site, not including -independent trucking companies. The satellite toilet facilities will 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 StoraJ!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 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 CommW1ity (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 will prevent fuel from contaminating the groundwater. With the tank on site, this will reduce the nwnber of refueling trips to the site and decreasing the possibility of a fuel spill. In the unlikely event a fuel spill would occur, Ryan Contracting would respond by following state guidelines as outlined by the MPCA. These guidelines are included in our application tmder Exhibit 24. EouiDment Fuel: The SMSC has expressed concerns regarding possible fuel spills from the intregal fuel tanks on out 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 WATER TESTING OF WETLAND 70-247W Ryan contracting will conduct annual water testing of the Wetland 70-247W as described in the attached letter from Braun Intertec. .. NOV 19 '99 11:37AM BRAUN INTERTEC BLDG2 P.1/2 BRAUNSM INTERTEC .raun Intertec Carpototion 6875 Washington Avenue South Minn~apoli~, Minne-..ola 55439-0108 612.9A 1.5600 Fax; 942.4944 November 19, 1999 Engineers and Scienfisls 5/!rving Ih~ Bull, and Natural Environment"" Mr. Craig Svoboda Ryan Contracting Co. 8700 1)11I Avenue East Shakopee,~ 55379 Dear Craig: Re: Pield Collection and Laboratory Analysis of Pit Water Samples Thank you for your request for a price quotation for our analytical laboratory services. .Braun Intertec appreciates the opportunity to present this infonnation for your review. Scope of Project We understand the scope of this project to involve the field collection and laboratory analysis of water samples from a wetland area in the city of Prior Lake. These samples would be collected annually by our staff and analyzed at our laboratory. There would be one sample collected annually for your requested parameter list. Cost of Services The proposed laboratory rates for your project are listed belo~: Sample Collection: Estimate 30 miles round trip plus one hour on site. Total for collection = $ 75.00 Laboratory Analysis: " Parameter Cost per Sample Estimated annual cost: $ 150.00 $ 135.00 S 15.00 $ 22.00 $ 15.00 $ 22.00 $ 15.00 $ 40.00 $ 40.00 Total cost per sample == $ 454.00 Sample collection = $ 75.00 Laboratory Analysis = $ 454.00 Volatile Organic Compounds PCBs Ammonia Nitrogen Kjeldahl Nitrogen Nitrate + Nitrite Nitrogen Phosphorus, Total Total Suspended Solids Diesel Range Organics Gasoline Range Organics Annual total = $ 529.00 NOV 19 '99 11:37AM BRAUN INTERTEC BLDG2 P.2/2 Ryan Contracting Co. November 19, 1999 Page 2 Braun Intertec appreciates the opportunity to presem this infonnation for your review. If you have any questions, need additional information, or would like to schedule our services please feel free to contact me at your convenience.at 942-4936. 6~ Dean Almquist Laboratory Project Manager N 1/2 OF THE SE 1/4 OF SECTION 22 T.llS R.22 .....".., SEPH L. KINNEY , ',/AND OLYN,A. KINNEY .' .... '. RICHARD McKENNA \' RYAN CONTRACTING, CO. 8700 13T1i AVE. E. SHAKOPEE, MN 55379 ! ~~~~u:.:~~:',=":lorn Q o ..., Reght.-.d Pro~ En ...... .... u..~" $'''' of ....._IL /) . ~/ {o/ /J/J ~ "'~'-/~ ~~ ", \ " '\, .... lI;o l ,.~ ~ ~ ~ ~ SCOTT COUNIY. UlNl€$OtA MCKENNA / KIHIIft PROPDllY PIT lOCATION IN R[UTION TO PROPERTY UNES I Gi I Gorman Surveying, Inc. ., 1I'EI'r .em. Sf.u ~~~" (1t2) .,_).taD r.u: (112) "'-1&'70 CHE:CIlTl) fN':( 7- Dol~ 'q(L~ ... """""""' -' Jf\- --,-- - - -----~- ~ ~--~'--'-:::-----r~--- \:~~1~~;!\;: (~ (-- "-" )~. \~:\{F . '-. · . ,:': '~"-'~-';J: .,~\ .~~---_.~ . ;......, ..- " - .-- _.- ~_...-- / \\.. ----- "'k I '. '.1 \ t\ \ :J~,~ .~ / '.w'\, :~D :c: ,/'/ ". ~; '.....,~ " , "..1 .-....- ......,...., RYAN CONTRACTING, CO. 8700 13TH AVE. E. SHAKOPEE, MN 55379 i} ~:'~~~:~~:r-,~~=='.~~', r'. '-" '-. \ \. ~'~'______._e..-f;___ ..~.--- \. ;'; \..,.,.......,. " " I" "(-. --~-, : l~ycertlfytnattNllp"AlI!*ffleatlClnt:rl'"l9Orl__ i ., ~ bY_OIwwI<<rnyllhct~_thotl_ il . ...,.-- .,.,- _...... ":" ~y /1/7,., S"'.oI....._~~..o.-', C41...,H.H.dUl'ld.Ikerl...~942 ..... , :.,;; .~' $ :/i;~-:;; \. \... WETLAND R(V OESCRFoTlON . BY [M,1'[ scon <XlVNTY. WIHI€SOTA UCl([HNA I KINHEY PROPDllY ACllrAG[ OR SQIIARE FOOT lAND USE \lAP I G. I Gorman Surveying, Ine. DRA.. ,::;,";., =. ~-':;:;" '1 111~~=~~m ~ 100 JOB NVVBER SHEET ~~!:.~~~t: I' 17-113 01.& RYAN CONTRACTING, CO. 8700 13TH AVE. E. SHAKOPEE, MN 55379 II '. ~II' ~I I ~)' crill'y thcri: th.. pic.\. ..-dftcotlon or NpOrt _. I l : ~ by,", or f.IrIW my dhd ........ ~d that I In o duly RegIfl.-.d Pror.....u Entin... """" tile lawI .f the \ I Slate of MIM-.oto. I: WETLAND N SCOTT COUNI'Y, WCXDlHA / K1NMET PROPERTY EXISII<<l CONllll1ONS I G. I Gorman Surveylng, Ino. ""'ON 1m R.W,c. DAre 11-12-" q 3111 war NnI :mur HORIIONl'..... SCALE N FEET (ll~~=~~~ ~ ~ 100 OE:Q(fI) 8'l" D41t: J08 NUMElER SH . _I _I 17-113 Cf & -,- - ~ - - _'.~~-~----~ ::=_~- --. - - ~.. -...,.. -- /- ---~r;:.;______ ------~----- ---.-, / .// / I' I I' I,.,.... ; . , , .......l " .......... ;.---~ /.',.- ,/;, (,' . 1r!,/~~":;~~-~~>./i.~/~ ~~:-~-~-,-- ~._- -:~~.(r'''' ,.." - " -- /:" I 'it ~ _ ,,'-' /' ..../ ... /..--'-' ~ _ -- .",-,::'..01 .,,,-/ " - -~ - ~ ~- ~";:..---- " '" .~:? " " RYAN CONTRACTING, CO. 8700 13TH AVE. E. SHAKOPEE, MN 55379 R(\I. OESCRlPTlON SCOTT COUNTY, lllIHtE'SOTA MClCENICA / KIHNEY PROI'tRTY PllOposrn GR.\DlNG PUN I G. I Gorman Surveyfng, Inc. ......WI< .:;:::.:.. ~ ~-~.. q ~~5541t ~ 1;>> 1"2) "'-)6(D FAX (.'1) lilt_In!) 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T II' ,I "\\\"\ \' 1 " \' ..... ,'. '.><.'<'\\. '[ / /1'1 . ".' " \ ... \ \ t' Iii , '. \ ',..' Ii, Ii ':;'\:~':;,\:.'::;\\~I:'~\;~~~', .: ,I. >', ..., ." r:Jf . / /{jl".ll \ \, \:.\ \ 'Dr:~ "I' \\, I'..... \..ij .' .' : \, "'7:';~2~S.::::--=--=: 1// , j ... I ,/' 1/ /' I ,/ /' /' I ';i;ii , /' I ././ ,/ /1/ // / I ,/ . I ,Ii ,'1" I / /j/ ~ ,//' ,./" -000- ,/ V I' .IIi , , j" .. __,I ,/ 1 ~ .ii" ,/ ,./' .' " , // . 'In~.. , r /. " ' .' LETTER OF CREDIT Ryan Contracting will provide the City of Prior Lake with a Letter of Credit in the following amounts as agreed upon with the City Engineering Department and Planning Department. Maintenance of McKenna Road $ 100,000.00 Subtotal Amount $ 11,687.50 $ 111.687.50 Landscaping Costs City LOC requirement 125 % $ 139,609.38