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HomeMy WebLinkAbout4.A.1. Review of the Conditional Use Permit and Mineral Extraction Land Rehabilitation permit for Shakopee Gravel 01/11111 Consent Business 4.A. 1. TO: Mayor and City Council FROM: Mark Noble, Senior Planner DATE: 05/19/2015 SUBJECT: Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel (B) Action Sought The Council is asked to accept the annual review of the Conditional Use and Mineral Extraction Permit for Shakopee Gravel, Inc. Introduction Shakopee Gravel, Inc. has submitted an application for annual review of a conditional use permit(CUP) and a mineral extraction and land rehabilitation permit for their operation located at 1650 County State Aid Highway (CSAH) 83. A condition of approval includes a requirement that the permits be reviewed annually by the Board of Adjustment and Appeals and City Council. 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 is asked to 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 presented an application to the BOAA on January 9, 2014 and May 7, 2015. The City Council reviewed this application on January 21, 2014. 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 BOAA 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. 5. 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 in the past to keep adjacent streets free of any offsite sediment tracking, and that they are responsible for street sweeping. Staff has not received any calls or been contacted within the past several months concerning dust issues. In the past, when these issues have arisen, the applicant has typically responded in an appropriate manner. 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 three (3) active tanks listed on the MPCA tank site which have all been registered since 20012. 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 is not visible off site. 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 2014 Annual Earthwork 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 attached narrative letter and the Annual Earthwork Plan, which referenced the quantity of import and export materials, and identifies the location where the mining and reclamation activities have occurred within the past year). 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 recently construct a berm along the northwest portion of the property and have seeded this berm. Staff will continue to monitor all berms to ensure they are properly seeded and will work with the applicant to see that the areas are maintained consistent with this condition. 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 continue to monitor the berms with Engineering staff to ensure compliance with this condition. 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 continue to 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 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. BOAA Recommendation The Board of Adjustment and Appeals, by a 6-0 vote, recommended that the Council accept the review of this permit as conditioned in approved Resolution No. 7272. This information is being provided to the City Council as required by approved Resolution No. 7272 (see condition no. 1). The Board asked whether Shakopee Gravel is presently on schedule consistent with the previously referenced phasing plan. The applicant's consultant stated they are on schedule, and have begun to develop an end use plan in anticipation of their completing their mining operation. The Board stated they appreciated the applicant's work on the end use plan and look forward to the future development of this property. Relationship to Vision This action supports Goal B "Positively manage the challenges and opportunities presented by growth, development and change". Requested Action The Council is asked to accept the annual review of the Conditional Use and Mineral Extraction Permit for Shakopee Gravel, Inc. Attachments: Annual Earthwork Narrative Site & Phasing Plans 0 CI) z c LI < a z Lt t c P Y = -a ..4- -1- N r, if) c:, X au, >- o o 2 3 3 0 0 2 I 4.) 6 , 0 0 .4 3 N I Xi a" 15-) L92 0) •_ T.)a . „ c 0 .,.. . 0 0 ,._ ...„. . c5) .c EI . NI- 4 _0 N -L'il 1 ' • ' *'. ° I , • Ec.) a E...„, co , 5 4,1 4 1 44 I V 4 o 0--444:4444 2 < a.,-, 1.7-4.,,,, 0,, w 4 16.247)44kt. C' E :§, ''10te'L't. ',.*,',.. t, :(!' —. co ,— as.r ''''''''----•-,,..‘ '''''' ' ',:''..‘"", , CC-N- `-' , , — , ( f,, 4-- cp-S-2 92 E 2 E ce 32,:: C 0 cT_ Li , z 0 L> -▪ c.„ w 0 0 la) . _ 0- 3 he C ... •, Stantec Consulting Services inc_ i:.. 2335 Highway 36 West,St.Paul MN 55113-3819 April 25, 2015 File: 193801541 Attention: Mark Noble, Planner Board of Adjustment&Appeals City of Shakopee 129 Holmes Street S Shakopee, Minnesota 55379-1328 Dear Members of the Board of Adjustments&Appeals, Reference: Annual Review of the Shakopee Gravel Mining Conditional Use Permit(CUP) Veteran members of the Board will remember that we have established a standard format for conducting the annual review of the Shakopee Gravel CUP. The attached exhibit is titled Annual Earthwork Plan. The legend on this exhibit shows a dashed green line that depicts where the active pit edge was in 2013. The dashed orange line shows where the active pit edge was at the end of the 2014 season. Lower down on the legend it shows a brighter orange color that illustrates where reclamation activity was concentrated in 2014. Both the active mining area and future mining areas are also shown on this exhibit. One of the requirements of our annual review process is the reporting of the volumes of material that are exported from and imported into the property. A total of 182,564 yards of material was exported. This equals 246,475 tons of exported material.There was also 52,036 yards of imported material for reclamation purposes. This equates to 70,249 tons of imported material. Both the excavation and the reclamation activities that occurred in 2014 were consistent with the Mining Operation and Reclamation Plan that is approved for the Shakopee Gravel facility. We will be in attendance at your meeting and happy to answer any questions that you may have.We will also present some enhancements we have made to the End Use Plan to significantly improve the quality of development that can occur when the mining is completed and the site is fully reclaimed. We look forward to meeting with the Board. 111 April 25,2015 Attention Page 2 of 2 Reference: Reference Sincerely yours, STANTEC CONSULTING SERVICES INC. 1-01 •.`/n W Shardlow, FAICP /enior Principal Phone: (651)967-4560 Fax: (651)636-1311 John.Shardlow@stantec.com Attachment: Shakopee Gravel, Inc. Annual Earthwork Plan c. Bert Notermann Joel Speer Jack Perry si document2 Design with community in mind 90£9£L M.LL,£O.00s 28 adoa AiNnoo ------------- - — =— / I i —1 —� \� / I I -c§w 11 /•i-- 1 / —� III ammo N v 1 33 p u �tit\--\\\(‘:‘) — ��� \��/1 � 1�1m; !l 1 a� • III C\ R\' .1 it 1 1 ¢! jI : h HI Iii 1- ms gF 'Y it 2? i 1 --)1, r,'4` mIt 3 F § lm 1,1 s /g.lam-J.T 2 Cil ? F �- Ma. L�, S. 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