HomeMy WebLinkAbout4.A.1 Annual Review of the Conditional Use Permit and Mineral Extractions and Land Rehabilitation Permit for Shakopee Gravel Caselog No. 14-003Consent Business 4. A. 1.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Senior Planner
DATE: 01/21/2014
SUBJECT: Annual Review of the Conditional Use Permit and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel Caselog No. 14 -003 (B)
Action Sought
Accept the annual review of the CUP for Shakopee Gravel.
Introduction
Shakopee Gravel, Inc. submitted its annual report for review of the Shakopee Board of
Adjustment and Appeals (the Board). The Board reviewed the report and staffs report on the
operation on January 9, 2014, and voted to accept the report. The conditions of the CUP also
require that the report be provided to the City Council as an information item, thus it is on the
City Council agenda.
Considerations
Shakopee Gravel, Inc. last received approval of an amendment to the CUP and Mineral Extraction
and Land Rehabilitation Permit Renewal on February 5, 2013 (Resolution No. 7272, upholding
the BOAA determination).
The conditions contained in the adopted resolution are listed below with planning staff's
review /comments following in italics. The Council shall review the information submitted by
the applicant, information provided by staff, the Board of Adjustment and Appeals, and outside
reviewing agencies, as well as comments, information, and testimony provided by the public in
conducting the review of this permit.
The conditions of the adopted resolution are listed below, with staff's comments in italics:
1. The Shakopee Board of Adjustments and Appeals shall annually review the Permit to ensure
that the Applicant is in full compliance with all provisions of the Permit.
This condition is presently being met. The applicant submitted an application which complies
with the condition requirement. The applicant included a narrative and plans which provided an
update on the amount of product removed from the site during the past year, and an updated site
plan that identifies the current mining and reclamation areas.
2. The annual review of the Permit by the Board of Adjustment and Appeals shall be provided to
the Shakopee City Council as an informational item.
This condition will be met — staff has submitted the review to the City Council after the BOAR
made their determination on the review.
3. Security fencing shall be used on the main access roads to control vehicular access to the
mining and equipment area, and along any adjacent residential development.
Security fencing has been in place for several years around the perimeter of this site.
4. Design/maintenance treatment of the berm adjacent to the residential properties along the
Applicant's west property line shall be consistent with the following conditions:
a. Maintenance of a 1:1 slope for the berm adjacent to the homes in Wyndam Ponds. Any areas of
erosion shall be remedied and stabilized with the approved seed mix.
b. Removal of the weeds using the steps outlined by the Scott County Weed Inspector.
c. Stabilization of the slopes, establishment of plant/turf cover, and mowing at least once a year or
as needed more than that to maintain a suitable appearance.
d. Landscaping shall be maintained in accordance with the landscape plan on file in the
Community Development office (June, 2006).
The applicant has met the above four (4) conditions. The berm has appeared to be well
maintained and the landscaping is doing well, and any plantings are replaced should they be
diseased or die.
S. All operations on the Property shall be allowed from 6 a.m. - 6 p.m., Monday thru Saturday,
except upon approval by the Shakopee City Council of extended hours on a temporary basis.
The applicant has represented that they are in compliance with this condition, and staff has
received no evidence to the contrary.
6. Dust must be controlled by paving main access roads, watering haul roads and equipment and
by any other means which will control adverse effects of dust on neighboring properties.
The applicant is aware of the need to monitor the dust levels generated from their haul roads,
mining activity, and equipment, and periodically utilize their watering truck for addressing this
issue. They have been notified by Scott County and the City staff to keep adjacent streets free of
any offsite sediment tracking, and that they are responsible for street sweeping. Staff has also
received calls or has been contacted within the past year by adjacent property owners concerning
dust issues. Staff has shared those concerns with the applicant. The applicant has typically
responded in an appropriate manner when made aware of concerns in the past.
7. Two diesel tanks and two propane tanks for the storage of fuel shall be permitted on -site, and
must be installed and maintained in accordance with State Fire Marshall Rules (Chapter
7510.3100 - 7510.3280). Other fuel tanks on -site must receive permit approval from the
Minnesota Pollution Control Agency (MPCA) or other required agency. There shall be no use or
storage of explosives except as approved in advance as a part of this Permit.
There exist two (2) diesel fuel tanks which are fastened to trailers. The trailers house the
generators that run the mining equipment. These tanks are approximately 4 feet high, 6 -8 feet
wide and 6 -8 feet deep. There do not appear to be any additional tanks since staff conducted
a site visit in May, 2002.
The applicant and City Fire Dept. will continue to work together to further develop a Pre -Fire
Incident Plan for the operations.
8. No direct exterior lighting shall be visible from adjacent properties or the public right -of -way.
Two 125 -watt high - pressure sodium security lights can be installed on the site and they must be
located on the site as shown on the submitted plan.
There exist two (2) light sources; one that is located near the equipment on the floor of the mining
operation and one that is located outside the scale building, which due to the relocation of the
entrance%xit, no longer is visible offsite.
9. The Gravel Extraction Phasing Plan and the End Use Plan, as submitted by Applicant
(November, 2012), shall be adhered to. Modifications will be submitted for approval to the
Board of Adjustment and Appeals.
The applicant has submitted the 2013 Mining, Reclamation and Mitigation Plan which identifies
the areas that changed within the previous year. Their mining and reclamation activities are
generally consistent with the phasing of the project (see attached phasing plans).
10. Applicant shall establish and maintain a monitoring well on the Property for ground water
quality monitoring, and if /when Shakopee Public Utilities Commission (SPUC) notices evidence
of a pollutant of concern in the testing of their wells, a testing shall be conducted of the
monitoring well in an effort to evaluate and either identify or eliminate whether the pollutant of
concern is originating from or moving thru this property.
Staff has not heard of any issues /concerns regarding pollutants and/or contaminants of the wells,
nor the need for additional testing of the monitoring well.
11. Mining extraction shall not exceed a depth greater than ten (10) feet above the established
ground water MSL elevation.
Staff has not observed any changes to the base elevation of the mining area that would be in
conflict with this condition.
12. The sanitary sewer along 17th Avenue is shown, but not approved. Future extension of 17th
Avenue will determine the ultimate alignment and depth. The City Engineer shall determine and
propose a mutually agreeable location and depth for the trunk sanitary sewer along 17th Avenue.
Further review will occur at or before the time of submittal of a preliminary plat application for
this property.
13. Access spacing to CR 16/17th Avenue and CSAH 83 will be determined by Scott County,
City, and Applicant upon approval of the preliminary plat for the end use.
Further review will occur at or before the time of submittal of a preliminary plat application for
this property.
14. Applicant will certify that the property meets any and all standards set by the MPCA or
government board that regulates mine reclamation.
The applicant believes they are compliant with this condition. They constantly monitor product
brought in for reclamation to ensure its quality product, and take the appropriate steps to remove
any product that is not.
15. The storm sewer discharge along 17th Avenue shall not exceed the design capacity in the
CSAH 83 trunk storm sewer as determined by the City Engineer. The development of the
Property will necessitate the lowering of the storm sewer along 17th Avenue. Applicant shall pay
the cost of lowering this trunk line.
Staff is not aware of an issue with compliance with this condition.
16. Applicant is to provide to City an earthwork quantity calculation, to be completed by a
Registered Professional Engineer or Registered Landscape Architect, and Applicant is to provide
to the City on an annual basis the quantity of export and import materials.
The applicant has provided the earthwork quantity calculations as required (see 2013 Mining,
Reclamation and Mitigation plan, dated December 18, 2013).
17. Applicant shall enter into an agreement with the City in which the Applicant agrees to allow
the City to enter the property and to complete the reclamation plan and to assess the City's costs
to the property, should the site not be reclaimed and made available for development consistent
with the End Use Plan by the Applicant.
Staff and the applicant will work to ensure compliance with this condition.
18. Berming shall be installed in phases around the perimeter of the site, beginning at the
northwest corner and working easterly along the north side and then working southerly adjacent
to residential use areas (generally consistent with the November/December, 2012 Potential Berm
Improvement, Projected Reclamation Pile Location and Existing Berm/Proposed Reclamation
Pile Section Plans). This berming process shall be evaluated at the yearly review, and is subject
to modification based on the evaluation. Reclamation material may be 15 feet higher than the
berm (max. 40 feet), and constructed as material is made available.
Shakopee Gravel did construct a berm along the northwest portion of the property (see December
18th plan far a visual of the berm expansion area), and have seeded this berm. Staff will be
monitoring the area in the spring to ensure the seeding survived the winter season, and will work
with the applicant to see that the area is reseeded as necessary.
19. The design of the berms, existing and proposed, shall comply with standards set forth by the
City of Shakopee's Design Criteria. Exceptions to these requirements may be granted by the City
Engineer.
Planning staff will consult with Engineering staff this spring to determine that the berm has been
established properly and that there was no significant settling over the winter season.
20. All final and permanent berms, existing and proposed, shall receive a minimum of six (6)
inches of top soil. The top soil, whether salvaged or imported, shall meet the requirements of
select top soil borrow as defined by MnDot's specification #3877.
The applicant appears to have used appropriate material and seed mix for the most recent
berm/reclamation activity, and staff will monitor this area to ensure compliance with all
requirements.
21. The applicant shall comply with the conditions set forth in its National Pollutant and
Discharge Elimination System (NPDES) permit.
Staff was not made aware by City Engineering that there are any issues with compliance with the
NPDES requirements.
22. The applicant will inspect, on a daily basis, all adjacent streets, sidewalks and trails for any
off -site sediment attributable to the applicant's operation of the mine, and will conduct street
sweeping as necessary or as directed by the City and/or Scott County.
City and County staff will contact the applicant should either agency be made aware of issues
with this condition. The applicant has responded in an appropriate manner when made aware of
concerns in the past.
Board of Adjustment and Appeals Recommendation
By a vote of 5 -0 the Board of Adjustment and Appeals accepted the annual report and
recommended that the Council also accept the review. This information is being provided to the
City Council as required by approved Resolution No. 7272 (see condition no. 1). The Board was
also informed of the few residents' concerns received by staff in 2013 regarding the need for
watering the roads in the mine, and to ensure adequate seeding on the berms to minimize dust
blowing into their residences. The Board discussed the height of some of the end product piles,
requesting that those piles be monitored for height, and to ensure seeding on the
berms /reclamation piles survives the winter season.
Visioning Relationship
This action supports Goal B "Positively manage the challenges and opportunities presented by
growth, development and change ".
Alternatives
1. Accept the review of the annual review of CUP and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel.
2. Deny the review of the permit.
3. Table the review of the permit with direction to provide additional information
Attachments: Applicant Narrative
Shakopee Gravel Survey
Earthwork Calculations
Phasing (part I)
Phasing (part II)
A-J
December 20, 2013
File: 193801541
Stantec Consulting Services Inc.
2335 Highway 36 West
St. Paul MN 55113
Tel: (651) 636 -4600
Fax: (651) 636-1311
Attention: Mark Noble, Senior Planner
City of Shakopee
129 Holmes St. S
Shakopee, Minnesota
55379 -1328
Reference: Annual Review of the Shakopee Gravel Conditional Use Permit
Dear Mr. Noble and Members of the Board of Adjustment and Appeals
As you will recall we worked together on an amendment to this conditional use permit last year. The new
permit is guided by the approved mining and staged reclamation exhibits contained in the permit
application last year. I have included those exhibits for your reference.
Attached for your review is an exhibit titled 2013 Mining, Reclamation and Mitigation. This illustration
shows where the active mining edge was in 2012 and where it is now as a result of mining activities in 2013.
Importantly, it also shows where reclamation activity has occurred in 2013, including construction of the
berm that was discussed at some length last year in the northwest corner of the property along 17u Avenue.
According to Shakopee Gravel General Manager, Joel Speer, they were fortunate to receive more suitable fill
material than they needed for staged reclamation activities this year. Joel was able to direct his crew to use
that material to construct the berm. This area has been seeded with the approved seed mix.
Joel also reported that this summer was not as dry and windy as the previous year so dust control activities
were much more successful. He was not made aware of any neighbor complaints this year.
In summary, we are pleased to submit our annual review information and to illustrate that the approach we
proposed and the City approved last year is working. We will be in attendance at your meeting on January 9
to answer any questions.
Regards,
STANTEC CONSULTING SERVICES INC.
411. ,
ohn Shardlow
Senior Associate
Phone: (651) 967-4560
Fax: (651) 636 -1311
John.Shardlow@stantee.com
Attachment: Application form
2012 Application Mining Staging Exhibits
2013 Mining, Reclamation and Mitigation Exhibit
c. Bert Notermann
Joel Speer
Jack Perry, Briggs & Morgan
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FL I Nomfim, MN 95U5] B..II1e,MNMo7
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2013 Earthwork Calculation
total exported material
246,000 tons
total imported material
134,500 yards
SHAKOPEE GRAVEL INC 2013 Mining, Reclamation and Mitigation ®Starrtec
Annual Earthwork Plan December 18, 2013
SHAKOPEE GRAVEL INC Existing Mine Operation �y,��,��
Gravel Extraction Phasing Plan November, zolz JUnnR
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- - - AREA RECEMNG, COMPACTING FRL
FMRE MINING AREA
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SHAKOPEE GRAVEL INC Projected Mine Operation - Phase 1 (2013-20151 49 Manbec
Gravel Extraction Phasing Plan November, 2012
SNNLGPEE GRAVEL INC Protected Mine Operation - Phase 2 (2013 2015) `mantK
Gravel Extraction Phasing Plan November, 2012
serarovff MAMinc Projected Mine Operation - Phase 3 pots -zotn afa
Gravel Extraction Phasing Plan November, zotz J RaMK
sHAMEE GRAVEL INC Protected Mine Operation - Phase 4 Ixotszain , n
Gravel Extraction Phasing Plan November, 2012
SNAKOPEP GRAVEL INC Projected Mine Operation - Phase 5 (mu -sm91 �
Gravel Extraction Phasing Plan November, 2012
SHAEGPEE GRAVEL ec Promected Mine Operation - Phase 6 t2ou -2o19t
Gravel Extraction Phasing Plan November, zotz 0 n iA
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seamMw11vu1e0 Projected Mine Operation - Phase 7 (2017-2019) "" Stantec
Gravel Extraction Phasing Plan November, 2012
SRANGPEE GRAVEL INC Projected Mine Operation - Phase 8 120M O211
Gravel Extraction Phasing Plan November, 201 z Stantec
SHAKOPEE GRAVEL INC Protected Mine Operation - Final Phase 12m A2o211 _
Gravel Extraction Phasing Plan November, 2012