HomeMy WebLinkAbout5.A.2. Shakopee Gravel CUP Review
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CITY OF SHAKO PEE
Memorandum
CO~~SEr~T
CASE NO.: 08-042
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Review of the Conditional Use Permit and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel
DATE: September 16, 2008
INTRODUCTION:
Shakopee Gravel, Inc. has submitted an application for annual review of a Conditional Use
Permit 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 that the
results of their review be forwarded to the City Council.
CONSIDERATIONS:
Shakopee Gravel, Inc. received approval of an amendment to the Conditional Use Permit and a
Mineral Extraction and Land Rehabilitation Permit Renewal on November 21,2006 (Resolution
No. 6533), and recently received a positive review of their operation by the Board of Adjustment
and Appeals on September 4, 2008 (4-0 vote).
The conditions contained in the adopted resolution are listed below, with Planning Staffs
review/comments following in italics. The Board of Adjustment and Appeals reviewed the
information submitted by the applicant, information provided by staff and outside reviewing
agencies, as well as comments, information, and testimony provided by the public in making a
determination in the review of this permit.
Testimony that was received that evening included several issues raised by Ms. Beverly
Koehnen:
a. concerns with the amount of dust that blows across her property that is generated from
the Shakopee Gravel operation.
b. concerns with the quality ofthe groundwater in this area ofthe city, due to the activities
ofthe Shakopee Gravel operation.
c. she informed the Board that she has hired an attorney as there may be future concerns
with health issues related to potential groundwater contamination.
d. the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit
should still expire on January 17, 2013 as originally conditioned and as confirmed in the
past by John Shardlow, applicant representative for Shakopee Gravel, Inc.
The conditions ofthe adopted resolution are listed below, with staffs comments in italics:
1. The Shakopee Board of Adjustments and Appeals shall review the Conditional Use
Permit and Mineral Extraction and Land Rehabilitation Permit annually to ensure that the
owner/operator is in full compliance with all provisions ofthe Conditional Use Permit.
The owner/operator shall apply for review no later than July 15th of each year.
Applications for CUP and Mineral Extraction and Land Rehabilitation Permit review will
include records of groundwater monitoring information. With each application for
review, the applicant shall submit a consolidated and updated operations plan.
Notification ofthe meeting shall occur through use of the local newspaper and through
notification to designated representatives of the neighborhood located within 350 feet of
the Shakopee Gravel property. The findings of each annual review by the Board of
Adjustments and Appeals shall be reported directly to the City Council.
This condition is presently being met. Staff sent a notice to property owners along
Wyndam Drive, to the Southern Meadows Homeowners Association, and to Donnay
Homes.
2. Approval of a Conditional Use Permit amendment is contingent upon Board of
Adjustment and Appeals approval of the Mineral Extraction and Land Rehabilitation
Permit.
The Board has previously approved the Mineral Extraction and Land Rehabilitation
Permit and Conditional Use Permit. In the event the Board determines that the CUP
should be amended, it may be appropriate to re-affirm the approval of the Mineral
Extraction and Land Rehabilitation Permit.
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.
Additionally, the applicant shall install fencing adjacent to other developing properties
within 90 days (depending on weather conditions) of the time a final plat for those
properties is recorded.
Security fencing has been in place for a couple years along County Road 83, 1 ih Avenue,
Thrush Street and along the residential development adjacent to the west of the site. The
applicant recently installed fencing along the east side of the property.
4. The applicant shall obtain a County Road Entrance permit from the Scott County
Highway Engineer.
Scott County has previously provided staff a copy of an application for access driveway
or entrance permit, dated March 22, 1999, which was a request to widen the existing
entrance and black top the entrance.
5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the
use of County Road 83 to Hwy. 101 and County Road 42. Absolutely no truck traffic
from the mining operation shall be routed through the urban portion of the City of
Shakopee.
This condition is presently being met.
6. Design/maintenance treatment of the berm adjacent to the residential properties along
Shakopee Gravel Inc.'s west property line shall be consistent with the following
additional conditions:
a. Maintenance of a 1: 1 slope for the berm adjacent to the homes in Wyndam
Ponds (including regarding where necessary on the north end, i.e. first 4
properties) to remedy those spots where erosion may have occurred.
b. Removal of the berm, or returning the berm to 3:1 slope along Southern
Meadows as outlined at the public hearing meeting preceding the October 19th
meeting.
c. Removal of the weeds using the steps outlined by the Scott County Weed
Inspector.
d. 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.
e. A landscape/tree planting plan shall be submitted to and approved by the City of
Shakopee prior to installation of a mix of2 1/2" (min.) caliper deciduous trees
and 6' - 8' tall coniferous trees, 15 feet on center with a 5 foot offset adjacent to
the properties in the Wyndam Ponds Subdivision.
The applicant has met the above five (5) conditions. The applicant recently replaced
several dead trees with new plantings, and mowed the westerly and northerly berms
within the past two weeks.
7. The mining operation shall maintain the following minimum setbacks: 100 feet from any
residential or commercial property line; 500 feet from any residential or commercial
structure that was in existence prior to commencement of mining, unless the written
consent of all owners and residents or occupants of said structures is obtained; 30 feet
from any road right-of-way.
Mining operations (i. e. the extraction, processing and removal of sand, gravel, rock or
other material) is not occurring within 100 feet of any residential or commercial property
lines.
8. All portable buildings must be approved by the Building Official.
This condition is presently being met.
9. Truck loading operations within the pit shall be allowed from 7 a.m.-5 p.m., Monday thru
Friday. All other operations shall be allowed from 8 a.m. - 5 p.m., Monday thru Friday.
The applicant has represented that they are in compliance with this condition, and staff
has received no evidence to the contrary.
10. Dust must be controlled by paving main access roads, watering haul roads and
equipment and by any other means which will control adverse affects 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.
11. Noise emissions shall not exceed the noise limits as noted in Section 10.60 (Noise
Elimination and Noise Prevention) ofthe Shakopee City Code.
Staff is not aware of any complaints regarding noise in the past year.
12. Two propane tanks shall be permitted, one 325-gallon tank located next to the scale
building and one 100-pound tank located next to the maintenance/electrical building.
The propane shall be used to heat these two buildings only. The propane tanks must be
installed and maintained in accordance with State Fire Marshall Rules (Chapter
7510.3100 -7510.3280). There shall be no other fuel tanks on-site unless said tanks
receive pennit 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 part of this conditional use and mining 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.
13. 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. This second light
source is visible only by traffic passing by the entrance driveway to the facility.
14. Stockpiles of gravel shall be allowed to exceed 25 feet in height, but not exceed the
height of the surrounding berms and shall be setback from the property lines so that
visual impact is minimal from the surrounding property.
Staff is not aware of any stockpiles of gravel that are exceeding the height of the
surrounding berms, nor encroaching upon the setbacks. The perimeter berms are either
import material and/or blacktop scraped from the surface and stockpiled for site
reclamation.
15. The applicant shall be responsible for reimbursing the City for all costs incurred in
reviewing the permit through the life of the operation.
This condition is presently being met.
16. The revised Gravel Extraction Plan and the End Use Plan, as submitted by the applicant,
shall be adhered to, without modifications, unless approved in advance by the Board of
Adjustment and Appeals.
The revised end use plan approved in May, 2002 is the one that the city staff will continue
to utilize in the ongoing review of this property.
17. The applicant shall prepare in report form, a plan for operation, which if acceptable, shall
be adopted by resolution as the Mining Permit. The Plan for Operation shall be
comprised of I} the submitted maps A, B, C; 2) the conditions of the approved permits 3)
background information as contained in the memo prepared by Merilaand Associates,
Inc.; dated April 30, 1985.
This condition has been met. Shako pee Gravel, Inc., is the operator of the mine.
18. The City's approval ofthe permits (CUP and Mining) is made in reliance upon the
applicant's representations regarding the life of the operation (17 years). Any factors, or
future developments which significantly delay the completion of the mining operation,
may be viewed by the City as sufficient grounds to revoke both permits.
This condition has been met. The applicant has provided information on the past
extraction rates, and the estimated remaining balance of material on site (see
information submitted by the applicant).
19. The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual
review, if the City receives complaints, supported by evidence indicating that the
conditions of these permits are being violated. Upon receipt of such complaints, the
Board of Adjustment and Appeals' shall review the complaints to determine whether it
should schedule a public hearing, in accordance with the proper procedures for notice and
publication.
Staff is not aware of any complaints in the past year.
20. Ifthe Board of Adjustment and Appeals finds that the applicants have substantially or
repeatedly violated the terms of this agreement, the Board of Adjustments and Appeals
may revoke said permit.
This condition is simply a statement of the Board's authority, and requires a factual
determination by the Board as to whether there are substantial or repeated violations.
21. Allow for the relocation of the central processing area.
At this time, staff is not aware of any immediate plans to relocate the central processing
area further to the west on the property. The operator is aware that if the processing
area is moved, that all conditions listed in this resolution, particularly those pertaining to
setback requirements and noise emission control requirements, will be reviewed for
compliance.
22. Allow the final development grades to be between an elevation of764 at the bottom of
the proposed ponds and 832 feet.
The applicant is aware that the grade of the final development of this property shall
occur within the elevations noted.
23. The operation should be mined in five phases, except as modified by any subsequent
amendment to or renewal of the CUP and Mining permit.
This is the intent of the operation. They are principally mining the area of the 3rd and
fourth phases (see submitted existing conditions map).
24. The applicant shall establish a monitoring well on the subject site for ground water
quality monitoring, and shall regularly (at least quarterly) record measurements from that
well, which measurements shall be submitted with any application for review, renewal, or
amendment. Mining extraction shall not exceed a depth greater than ten (10) feet above
the established ground water MSL elevation.
This condition has been met.
25. The mine shall operate for 17 years beginning on January 16, 1996, and terminating on
January 16,2013.
The applicant did provide comment on this condition, reiterating their average extraction
rate for the past three years and the estimated amount of material yet to be mined from
this site, as well as their estimated completion date for mining operations (October 31,
2015).
26. Provided that the applicant is granted access to future 1 ih Avenue, consistent with the
end use development of the property, the applicant agrees to dedicate the right of way for
future 1 ih A venue at no cost to the City and accept assessments based upon the end use
development of the property.
This condition has been met.
27. The sanitary sewer along future 1 ih Avenue is shown, but not approved. Future
extension of 1 ih A venue 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 future 1 ih Avenue.
This condition has been met.
28. Access spacing to future 1 ih Avenue and CSAH 83 will be determined by Scott County,
City of Shakopee and the 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.
29. Material imported onto the site for reclamation and final site grading shall be monitored
to ensure that it is environmentally clean. Records shall be kept of all imported material
and all of the necessary documentation shall be available. The applicant will certify that
the property meets any and all standards set by the MPCA or government board that
regulates mine reclamation.
The applicant is presently documenting all imported material and has this information
readily available for staff review as necessary.
30. Material imported onto the site and used in the reclamation and final site grading shall
only include soil materials of a bearing capacity sufficient to support development, as
proposed in the End Use Plan. The depositing and compaction of materials shall be done
in accordance with specifications prepared by a licensed geotechnical engineer.
The applicant has stated that this condition is being met.
31. The site shall be reclaimed in accordance with the End Use Plan and be available for
development within one construction season following the completion of mining
activities, if not before.
The applicant has stated that this condition is being met.
32. The storm sewer discharge along future 1 ih A venue shall not exceed the design capacity
in the CSAH 83 trunk storm sewer as determined by the City Engineer. The development
of the subject property will necessitate the lowering of the storm sewer along future 1 ih
A venue. The property owner shall pay the cost oflowering this trunk line.
This condition has been met.
33. No Construction cutting or filling in the Minnegasco Easement #1997-7, recorded as
document #0393488, except as authorized by Minnegasco.
This condition appears to be met.
34. The applicant is to provide to the city an earthwork quantity calculation, to be completed
by a Registered Professional Engineer or Registered Landscape Architect, and the
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.
35. Ifthe mining operation intends to bring solid waste material onto the site, a solid waste
license must first be approved by the Scott County Environmental Health Department.
The property owner does not intend to bring solid waste material onto the site. The
owner is aware of the requirement if they elect to pursue this further.
Planning staff sent out the applicant's submittal to a number of reviewing agencies, and received
comments back from the City Engineering Department, the City Natural Resources Coordinator,
Minnesota Department of Natural Resources (DNR), and the Minnesota Pollution Control
Agency (MPCA). The City Engineering Department provided the following comments for the
applicant and for the Board/Council:
1. Turf shall be established onsite as per requirements set forth by the National Pollutant
and Discharge Elimination System (NPDES) permit program.
2. Erosion control measures shall be installed, inspected and maintained as per
requirements set forth by the National Pollutant and Discharge Elimination System
(NPDES) permit program.
3. Slopes of all berms, existing and proposed, shall comply with standards set forth by
the City of Shako pee's Design Criteria.
4. All berms, existing and proposed, shall receive a minimum of six (6) inches of
topsoil. The topsoil, whether salvaged or imported, shall meet the requirements of
select topsoil borrow as defined by MnDOT's specification 3877.
5. No import of material shall be utilized for the end use grading plans.
6. The applicant shall work with the City to restore previous mining areas as additional
ones are opened.
7. The storm sewer discharge rate from the site shall comply with all requirements set
forth by the City Engineer.
The Natural Resources Coordinator provided a memorandum that noted comments from the
Environmental Advisory Committee, as follows:
Condition 12 - Complete a field check to verify compliance with the condition related to
the number of approved fuel storage tanks on the site.
Condition 25 - The condition states that the mining operation will terminate on January
16,2013 yet the response to this condition references the response to Condition 18 which
states the estimated completion date for mining operations is October 31, 2015. Please
clarify the termination date for the mining operation.
Condition 29 and 30 - Obtain copies of the records related to imported material and
include the information in the City file for future reference.
The Minnesota DNR commented that there are no DNR Waters issues with this project
The MPCA commented that based on the applicant's information submitted with this review, the
condition to limit noise emissions to within the state standards is being met.
ACTION REQUESTED
This information is being provided to the City Council as required by approved Resolution No.
6533 (see condition no. 1). ~V
.
Mark ;Obl -
Planner II
CC!2008/09-16/shakopeegravelreview.doc
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08042
TO: Mark Noble, Project Manager
FROM: Ryan Hughes, Natural Resources Coordinator
On Behalf of the Environmental Advisory Committee
SUBJECT: Shakopee Gravel CUP Review
MEETING DATE: 09/04/2008
REVIEW DEADLINE: 08/2212008
INTRODUCTION:
The applicant is requesting a review of the existing conditional use permit (CUP) for
mineral extraction and land rehabilitation permit to operate a mine within the mining
overlay zone.
BACKGROUND:
The CUP was reviewed by the Environmental Advisory Committee at theJune 11,2008
regular meeting.
DISCUSSION:
The Environmental Advisory Committee provided the following comments during the
review of the CUP:
Condition 12 - Complete a field check to verify compliance with the conditibl1
related to the number of approved fuel storage tanks on the site.
Condition 25 - The condition states that the mining operation will terminate on
January 16,2013 yet the response to this condition references the response to
Condition 18 which states the estimated completion date for mining operations is
October 31, 2015. Please clarify the termination date for the mining operation.
Condition 29 and 30 - Obtain copies ofthe records related to imported material
and include the information in the City file for future reference.
STAFF RECOMMENDATION:
Please address the comments provided by the Environmental Advisory Committee.
>"._".
'& Minnesota Pollution Control Agency
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520 Lafayette Road North I St. Paul, MN 55155-4194 I 651-296-6300 I 800-657-3864 I 651-282-5332 TTY I www.pca.state.mn.us
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August 1, 2008
Ms. Tami Vidmar
Shakopee Community Development Department
City of Shakopee
129 South Holmes Street
Shakopee,~ 55379
RE: Conditional Use Permit for Shakopee Gravel, Inc.
Dear Ms. Vidmar:
Within the response from Shakopee Gravel to the revised conditions of the resolution, it is stated
that the condition to limitnoise emissions to within the state standards is being met. No other
noise analysis or statement was included for review.
There are no other comments from the Minnesota Pollution Control Agency regarding the
Conditional Use Permit for Shakopee Gravel.
Sincerely,
~~ &af~
Pollution Coritr61Specialist
Air Assessment and Environmental Data Management Section
Environmental Analysis and Outcomes Division
AC:sth
Enclosure
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St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar 150 YEARS
~STATEHOOD
1858'2008
City of Shakopee
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer -4--- h '-'~
SUBJECT: Conditional Use Permit Review - Shakopee Gravel, Inc.
PID NO.: 27-916010-0,27-916011-0,27-917002-0
CASE NO.: 08042
DATE: August 25, 2008
The application indicates a request for the review of a Conditional Use Permit (CUP) for
Shakopee Gravel, Inc. The property is located in the southwest quadrant of the County Road
83 (Canterbury Road) and 17th Avenue intersection.
The engineering department has completed its review and offers the following comments at
this time for the applicant and for the planning department:
1. Turf shall be established onsite as per requirements set forth by the National
Pollutant and Discharge Elimination System (NPDES) permit program.
2. Erosion control measures shall be installed, inspected and maintained as per
requirements set forth by the National Pollutant and Discharge Elimination System
(NPDES) permit program.
3. Slopes of all berms, existing and proposed, shall comply with standards set forth
by the City of Shakopee's Design Criteria.
4. All berms, existin.K~d proposed, shall receive a minimum of six (6) inches of
topsoil. The topsoil, whether salvaged or imported, shall meet the requirements of
select topsoil borrow as defined by MnDOT's specification 3877.
5. No import of material shall be utilized for the end use grading plans.
6. The applicant shall work with the City to restore previous mining areas as
additional ones are opened.
7. The storm sewer discharge rate from the site shall comply with all requirements set
forth by the City Engineer.
Recommendation
The engineering department suggests the conditions listed above be added/attached to the
CUP.
H:\EMPLOYEE FOLDERSIISwentek\Staff.Reviews\CUP\Case.Number.08042.CUP.Review (Shakopee Gravel).doc
Page toft
Tami Vidmar
From: Janell Miersch [Janell.Miersch@dnr.state.mn.usJ
Sent: Thursday, July 31, 2008 3:40 PM
. To: Tami Vidmar
Subject: Comments on CUP reviews - Shakopee Gravel, Inc & The Landing
Attachments: CUP responses from DNR.pdf
-m
.
CUP responses
from DNR.pdf (81...
Dear Ms. Vidmar,
Thank you for including me in the reviews for Conditional Use Permits for Shakopee Gravel,
Inc. and The Landing. Attached you will find the signed forms you requested. There are
no DNR Waters issues for either of these projects. However, I urge you to review both of
them in regard to the City of Shakopee's F~oodp~a~n and Shoreland Ord~nances.
Thank you,
Janell Miersch
Janell Miersch, South Metro Area Hydrologist Metro'DNR Waters 1200 Warner Rd St. Paul MN
551.06
Direct: 651.-259-5776
Main Metro Waters: 651.-259-5845
Fax: 651.-772-7977
1
CUP REVIEW 7~15-08
RESPONSE BY SHAKOPEE GRA VEL INC.
TO STATUS OF
CONDITIONAL USE PERMIT
RESOLUTION NO. 6533
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING THE
RENEWAL OF AMENDMENT NO.4 TO CONDITIONAL USE PERMIT NO. CC~376
(AND SUBSEQUENT AMENDMENTS NO.1, 2& 3) AND THE MINERAL
EXTRACTION AND LAND REHABILITATION PERMIT TO OPERATE A MINE
WITHIN THE MINING OVERLAY (MIN) ZONE
WHEREAS, Shakopee Gravel, Inc., property owner and applicant, have fIled an appeal of
the review application of Resolution No. 6344, which was an application for renewal of
Amendment No.4 to Conditional Use Permit No. CC-376 (and subsequent amendments No.1, No.
2 and No.3) under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee
City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine; and
WHEREAS, this parcel is presently zoned Agricultural Preservation (AG) Zone with a
Mining Overlay (MIN) Zone; and
WHEREAS, the property upon which the request is being made is legally described as
follows:
The Northeast Quarter of the Northwest Quarter of Section 16,
Township 115 North, Range 22 West, Scott County Minnesota.
Also: the West Half of the Northwest Quarter of Section 16, Township 115 North,
Range 22 West, Scott County, Minnesota, lying North and Easterly of the
,".. Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific RailwaY.
Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 115 North, Range 22 West, Scott County, Minnesota, lying Northeasterly ojthe
Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway;
and
NOTE: SEE ATTACHED REVISED LEGAL DESCRIPTION
WHEREAS, notice was provided and on September 7,2006, the Shakopee Board of
Adjustment and Appeals conducted a public hearing regarding this application, at which it heard
from the Community Development Director or his designee and invited members of the public to
comment; and
WHEREAS, on October 19,2006, the Shakopee Board of Adjustment and Appeals
approved the review of this application, with revised conditions, and
WHEREAS, the applicant timely appealed the determination of the Board of
Adjustments and Appeals; and
WHEREAS, the City Council reviewed the appeal of the applicant at their meetings on
November 8, 2006 and November 21, 2006; and
WHEREAS, the City Council's reached the following findings with respect to the
request:
WHEREAS, the City Council reached the following findings with respect to the
requested review of the Conditional Use PermitILand Rehabilitation Permit:
Finding #1 : After reviewing the evidence in the record, the Council has concluded that
with the conditions stipulated, the use will not be injurious to the use and
enjoyment of other property in the vicinity.
Finding #2: The Council finds that the renewal to the conditional use, mineral
extraction and land rehabilitation permit, with the conditions stipulated,
will not impede the normal and orderly development and improvement of
surrounding property.
Finding#3 : Adequate utilities, access, drainage and other necessary facilities exist to
serve the site.
Finding #4: The use, with the conditions stipulated, is consistent with the purposes of
the Agricultural Preservation (AG) Zone and Mining Overlay (MIN)
Zone.
Finding #5: The use is consistent with the Comprehensive Plan guiding for the subject
site.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the review of Resolution No. 6344 is hereby approved, subject to the following revised
conditions:
1. Th~Shakopee Board of Adjustments and Appeals shall review the Conditional Use
.. Permit and Mineral Extraction and Land RehabilitationPermit annually to ensure that
the owner/operator is in full compliance with all provisions of the Conditional Use
Permit. The owner/operator shall apply forreview no later than July 15th of each
year. Applications for CUP and Mineral Extraction and Land Rehabilitation Permit
review will include records of groundwater monitoring information. With each
application for review, the applicant shall submit a consolidated and updated
operations plan. Notification of the meeting shall occur through use of the local
newspaper and through notification to designated representatives of the neighborhood
located within 350 feet of the Shakopee Gravel property. The findings of each annual
review by the Board of Adjustments and Appeals shall be reported directly to the City
Council.
Response: This condition is being met. The BOAA voted 7-0 to accept review of
the permit and file it at its regular meeting on September 20, 2007. In addition to
the required application forms and fees, twenty-six copies of the Existing
Ownership Plan, twenty-six copies of the Existing Condition Plan and one copy
of all of the quarterly groundwater reports to date have also been submitted
under separate cover.
2. Approval of a Conditional Use Permit amendment is contingent upon Board of
Adjustment and Appeals approval of the Mineral Extraction and Land Rehabilitation
Permit.
Response: This condition has been met.
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.
Additionally, the applicant shall install fencing adjacent to other developing
properties within 90 days (depending on weather conditions) of the time a final plat
for those properties is recorded.
Response: This condition has been met. Chain link fencing has been installed
along the north, west and south property lines adjacent to 17th A venue, Southern
Meadows, Wyndam Ponds and Thrush Street.
4. The applicant shall obtain a County Road Entrance permit from the Scott County
Highway Engineer.
Response: This condition has been met as of March 22,1999.
5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to
the use of County Road 83 to Hwy. 169, Hwy. 101 and County Road 42. Absolutely
no truck traffic from the mining operation shall be routed through the urban portion of
the City of Shakopee.
Response: The operation of the business is in compliance with this condition.
6. Design/maintenance treatment of the berm adjacent to the residential properties along
Shakopee Gravel Inc. :s,west property line shall be consistent with the following
additional conditions:
a. Maintenance of a 1: 1 slope for the berm adjacent to the homes in Wyndam Ponds
(including regarding where necessary on the north end, i.e. first 4 properties) to
remedythbse spots where erosion may have occurred.
b. Removal of the berm, or returning the berm to 3:1 slope along Southern Meadows
as outlined at the public hearing meeting preceding the October 19th meeting.
c. Removal of the weeds using the steps outlined by the Scott County Weed
Inspector.
d. 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.
e. A landscape/tree planting plan shall be submitted to and approved by the City of
Shakopee prior to installation of a mix of 2 1/2" (min.) caliper deciduous trees
and 6' - 8' tall coniferous trees, 15 feet on center with a 5 foot offset adjacent to
the properties in the Wyndam Ponds Subdivision.
Response: This condition has been met.
..,....
7. The mining operation shall maintain the following minimum setbacks: 100 feet from
any residential or commercial property line; 500 feet from any residential or
commercial structure that was in existence prior to commencement of mining, unless
the written consent of all owners and residents or occupants of said structures is
obtained; 30 feet from any road right-of-way.
Response: This condition is being met.
8. All portable buildings must be approved by the Building Official.
Response: This condition has been met.
9. Truck loading operations within the pit shall be allowed from 7 a.m.-5 p.m., Monday
thru Friday. All other operations shall be allowed from 8 a.m. - 5 p.m., Monday thru
Friday.
Response: This condition is being met.
10. Dust must be controlled by paving main access roads, watering haul roads and
equipment and by any other means which will control adverse affects of dust on
neighboring properties.
Response: This condition is being met.
11. Noise emissions shall not exceed the State's noise limits, as noted in Section 10.60
(Noise Elimination and Noise Prevention) of the Shakopee City Code.
Response: This condition is being met.
12. Two diesel tanks and two propane tanks for the storage of fuel shall be permitted on-
site. The tanks must be installed and mw'nt.A.ined in accordance with State Fire
Marshall Rules (Chapter 7510.3100"-':7510.3280). There shall be no other fuel tanks
on-site unless said tanks 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 conditional use and
mining permit.
Response: This condition has been met.
13. 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.
Response: This condition has been met.
14. Stockpiles of gravel shall be allowed to exceed 25 feet in height, but not exceed the
height of the surrounding berms and shall be setback from the property lines so that
visual impact is minimal from the surrounding property.
Response: This condition is being met.
15. The applicant shall be responsible for reimbursing the City for all costs incurred in
reviewing the permit through the life of the operation.
Response: City Staff have not requested reimbursement for city costs in the
review of this project to date.
16. The revised Gravel Extraction Plan and the End Use Plan, as submitted by the
applicant, shall be adhered to, without modifications, unless approved in advance by
the Board of Adjustment and Appeals.
Response: This condition is being met.
17. The applicant shall prepare in report form, a plan for operation, which if acceptable,
shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be
comprised of 1) the submitted maps A, B, C; 2) the conditions of the approved
permits 3) background information as contained in the memo prepared by Merila and
Associates, Inc.; dated April 30, 1985.
Response: This specific condition was satisfied in 1996. The requirement for an
updated and current plan for operation is provided for in Condition 1.
18. The City's approval of the permits (CUP and Mining) is made in reliance upon the
applicant's representations regarding the life of the operation (17 years). Any factors,
or future developments which significantly delay the completion of the mining
operation, may be viewed by the City as sufficient grounds to revoke both permits.
Response: The average extraction rate between September 1998 and December
2007 was 27,436 cubic yards per month, 1,906 cubic yards per month less than
reported last year. An estimated 2,580,935 cubic yards ,remains to be mined and
based on the current extraction rate, the estimated 'completion date for mining
operations is October 31, 2015, six months longer than the estimated completion
date last year.
The applicant will continue to keep the City informed of the amount of material
sold and imported as required in the CUP, and it will also provide an estimate of
the material believed to be remaining on site. The applicant will also continue
taking steps to sell the material on the property and will share information with
the City to illustrate the status of its mining activities.
19. The Conditional Use and Mining Permits may be reviewed prior to the scheduled
annual review, if the City receives complaints, supported by evidence indicating that
the conditions of these permits are being violated. Upon receipt of such complaints,
the Board of Adjustment and Appeals' shall review the complaints to determine
whether it should schedule a public hearing, in accordance with the proper procedures
for notice and publication.
Response: City staff bas not received any complaints over the last eleven years
that required review prior to the scheduled review, but the applicant agrees that
the City has the authority to review this permit at any time.
20. If the Board of Adjustment and Appeals finds that the applicants have substantially or
repeatedly violated the terms of this agreement, the Board of Adjustments and
Appeals may revoke said permit.
Response: The terms of the agreement have been met.
21. Allow for the relocation of the central processing area.
Response: The central processing area will only be relocated if it is necessitated
by reclamation for staged development.
22. Allow the final development grades to be between an elevation of 764 at the bottom
of the proposed ponds and 832 feet.
Response: This condition is being met.
23. The operation should be mined in five phases, except as modified by any subsequent
amendment to the CUP and Mining permit.
Response: This condition is being met.
24. The applicant shall establish a monitoring well on the subject site for ground water
quality monitoring, and shall regularly (at least quarterly) record measurements from
that well, which measurements shall be submitted with any application for review or
amendment. Mining extraction shall not exceed a depth greater than ten (10) feet
above the established ground water MSL elevation.
~'!f):"\~'i':ii't",~"it '~'::h.1'{t~;:,~r:J
Response: This condition is being met.
25. The mining operations shall operate for 17 years beginning on January 16, 1996, and
terminating on January 16, 2013.
Response: See response to Condition 18.
26. Provided that the applicant is granted access to future 17th Avenue, consistent with
the end use development of the property, the applicant agrees to dedicate the right of
way for future 17ili A venue at no cost to the City and accept assessments based upon
the end use development of the property.
Response: This condition is being met.
27. The sanitary sewer along future 17th Avenue is shown, but not approved. Future
extension of 17th A venue 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 future 17th Avenue.
Response: This condition is being met.
28. Access spacing to future 17th A venue and CSAH 83 will be determined by Scott
County, City of Shakopee and the applicant upon approval of the preliminary plat for
the end use.
Response: Not applicable at this time. According to past comments by City
Staff, ''Further review will occur at or before the time of submittal of a
preliminary plat application for this property."
29. Material imported onto the site for reclamation and final site grading shall be
monitored to ensure that it is environmentally clean. Records shall be kept of all
imported material and all of the necessary documentation shall be available. The
applicant will certify that the property meets any and all standards set by the MPCA
or government board that regulates mine reclamation.
Response: This condition is being met and this information is shared with City
Staff during its annual review.
30. Material imported onto the site and used in the reclamation and final site grading shall
only include soil materials of a bearing capacity sufficient to support development, as
proposed in the End Use Plan. The depositing and compaction of materials shall be
done in accordance with specifications prepared by a licensed geotechnical engineer.
Response: This condition is being met. All fill that is placed as part of the
reclamation process is placed and compacted in accordance with accepted
engineering standards to ensure the creation of acceptable bearing capacity to
support future development.
31. The,~,\t€;t,~ha11 be reclaimed in accordance with the End Use Plan and be available for
development within one construction season following the completion of mining
activities, if not before.
Response: This condition is being met.
32. The storm sewer discharge along future 17th A venue shall not exceed the design
capacity in the CSAH 83 trunk storm sewer as determined by the City Engineer. The
development of the subject property will necessitate the lowering of the storm sewer
along future 17th A venue. The property owner shall pay the cost of lowering this
trunk line.
Response: This condition is being met.
33. No Construction cutting or filling in the Minnegasco Easement # 1997 -7, recorded as
document #0393488, except as authorized by Minnegasco.
Response: This condition is being met.
34. The applicant is to provide to the city an earthwork quantity calculation, to be
completed by a Registered Professional Engineer or Registered Landscape Architect,
and the applicant is to provide to the city on ail annual basis the quantity of export
and import materials.
Response: This condition is being met on an annual. basis. The operations area
of the site is surveyed at the end of each year to identify the current mine face
and stockpiles ofaggrega.teproducts for sale. AnImal sales ending December
31st of each yearal''(~ir~Jlorted t~ Scott County. The applicant has exported
243,293 loose cubic yards (LCY), from January 1 to December 31, 2007, and
imported 180,207 LCY of material from January 1 to December 31,2007. The
Existing Condition Plan illustrates the historic pit edges, restoration areas and
stockpiles of various products as of December 10, 2007. New information is
superimposed over the topographic mapping prepared from aerial photography
September 29, 2001.
35. If the mining operation intends to bring solid waste material onto the site, a solid
waste license must first be approved by the Scott County Environmental Health
Department.
Response: The applicant does not intend to bring solid waste material onto the
site.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held the day of ,2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared by:
THE CITY OF SHAKOPEE
129 Holmes Street South
Shakopee.~N 55379
CERTIFICATION OF RESOLUTION NO. 6533
I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true
and correct copy of Resolution No. 6533, presented to and adopted by the City Council of the
City of Shakopee at a duly authorized meeting thereof held on the _ day of ,2006,
as shown by minutes of the meeting in my possession.
Dated this _ day of ,20_.
Judith S. Cox
City Clerk
SEAL
Property Description
Shakopee Gravel Inc.
The North half of the Northwest Quarter and the Southwest Quarter of the Northwest Quarter of
Section 16, Township 115 North, Range 22 West, Scott County, Minnesota lying north and
easterly of the northeasterly right of way line of vacated Chicago, Milwaukee, St. Paul and
Pacific Railroad.
Except that part of the Southwest Quarter of the Northwest Quarter of Section 16, Township 115
North, Range 22 West, Scott County, Minnesota, which lies within:
Thrush Street as dedicated to the public as shown on the Plat of Park
Meadows Third Addition, Scott County, Minnesota.
And except that part of the North half of the Northwest Quarter of Section 16, Township 115
North, Range 22 West, which is identified as Parcel No.6, as shown on City of Shakopee Road
Right of Way Plat No.3 according to the map or plat thereof on file in the office of the County
Recorder in and for Scott County, Minnesota.
Also:
That part of the Southeast Quarter of the Northeast Quarter of Section 17, Township 115 North,
Range 22 West, Scott County, Minnesota, lying northeasterly of the northeasterly right of way
line of the vacated Chicago, Milwaukee, St. Paul and Pacific Railroad.
Also:
That part of the Southwest Quarter of the Northwest Quarter of Section 16, Township 115,
Range 22, Scott County, Minnesota, described as follows:
Commencing at the southwest comer of said Southwest Quarter of the Northwest
Quarter; thence North 01 degrees 32 minutes 48 seconds East, assumed bearing
along the west line of said Southwest Quarter of the Northwest Quarter, a distance
of 29.39 feet, to the point of beginning; thence continuing along said west line,
North 01 degrees 32 minutes 48 seconds East, a distance of 70.10 feet to the
northeasterly right of way line of vacated Chicago, Milwaukee, St. Paul, and
Pacific Railroad per Document No. 178639; thence South 31 degrees 29 minutes
53 seconds East, along said northeasterly right of way line a distance of 88.29
feet; thence northwesterly along a non-tangential curve, concave to the south,
having a central angle of 5 degrees 42 minutes 32 seconds, a radius of 485.00 feet
and an arc distance of 48.32 feet, to the point of beginning, the chord of said
curve bears North 83 degrees 48 minutes 33 seconds West.
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ElCJSlING CENlERPOINT GAS EASEMENT Z
17TH AVENUE r 1::- ---..r- - 0
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sa: 16,n15. R22 -- Z
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MONITORING WELL ~
PERMIT NO. 674159
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NOPmTY n~u:rnnN ~~ 611g/06
1HE NORlH H~ OF' lHE N6RlHYt1OST QUARTER AND lHE SOUlHVEST QUAIllER OF' lHE
NOR1HYIDT QUARTER OF'SECllON 16. 'TOWNSHIP 115 NORlH. RANGE 22.Yt1OST. SCOTT
COUNTY. IofINNESOTA L'l1NG NORlH AND EASlERLY OF'lHE NORlHEASlERLY RIGHT OF' WAY
UNr: OF VACA1ED CHlCAGO. I!1I.WAIlm. sr. PAUL AND PAQFlC RAILROAD. ~
EXCEPT lHAT PART OF lHESOUlHYt1OST QUARTER OF' lHE NORlHYt1OST QUARTER OF 0
SEC1ION 16. 'TO\WoISHIP 115 NORlH. RANGE 22 EST. SCOTT COUNTY. MINNESOTA, WHICH U)
UES. \\1lHIN: W
Z
lHRUSH SlREET M3 DEDICATED 'TO lHE PUBUC M3 SHO\WoI ON lHE PLAT OF PARK I Z
MEADOWS lHlRD ADDIlION. SCOTT COUNTY. MINNESOTA. :!E.
AND EXCEPT lHAT PART OF lHE NORlH H~ OF lHE NORlHYt1OST QUARlER OF SEC110N W
16. TO\WoISHIP 115 NORlH. RANGE 22 WEST. YlHICH IS 1D9ll1F1ED NS PAIlCS- NO. 6. NS I
SHOWN ON CITY OF' SHAKOPEE ROAD. RIGHT OF WAY PLAT NO. 3 ACCORDING 'TO lHE MAP W
OR PLAT lHEREOF ON FILE IN lHE OFFICE OF lHE COUNlY RECORDER IN AND FOR SCOTT a..
COUNTY. MINNESOTA. 0
ALSO: :::.::
<(
lHAT PART OF lHE SOUlHEAST QUARTER OF lHE NORlHEAST QUAIllER OF SEClION 17. ::c
TO\WoISHIP 115 NORlH. RANGE 22 WEST. SCOTT COUNlY. IofINNESOTA, L'l1NG U)
NOR1HEAS1ERI.Y OF 1HE NORlHEASlERLY RtGHT OF WAY LINE OF' lHE VACATED CHICAGO.
IotILWAUKEE. ST. PAUL AND PAQFlC RAILROAD.
AlSO:
lHAT PART OF' 1HE SOUlHYt1OST QUAIllER OF' lHE NORlHYt1OST QUAIllER OF SEC110N 16. I <3
'TOWNSHIP 115 NOR1H, RANGE 22 WEST. SCOTT COUNlY. IofINNESOTA, DE:SCRIIlEll M3 ~
FlllOWS:
COIotNENOING AT lHE SOUlHYt1OSTCORNER OF' SAID SOUlHYt1OST QUARTER OF' lHE I J
NORlHWEST QUAR'MR: '!HENCE NOR1H 01 DEGREES 32 lolINUlOS 48 SECONDS EAST. W
ASSUIotED BEARING ALONG lHE Yt10ST UNE OF SAID SOUlHYt1OST QUAIllER OF' lHE ~
NORlHWEST QUARTER. A DISTANCE OF 29.39 FEET. 'TO lHE POINT OF BEGINNING;
lHENCE CON1INUlNG ALONG SAID WEST LINE. NOR1H 01 DEGREES 32 IAlNUlES 48 C:::
. SECONDS EAST. A DISTANCE OF 70.10 FEET TO lHE NOR1HEASlERLY RIGHT OF WAY C
UNE OF VACA1ED CHlc.>.GO. I!1I.WAUKEE. ST. PAUL AND PAQFlC RADJlOAD PER
DOCUMENT NO. 178639; lHENCE SOU1H 31 DEGREES 29 II1NUlES $l SECONDS EAST. W
ALONG SAID NORlHEASlERLY RIGHT OF WAY UNE A DISTANCE OF 86.29 FEET: W
lHENCE NORlH'lESTERLY ALONG A NON-TANGENlIAL CUR~ CONCAVE TO lHE a..
SOUlH. HA'IING A CENlRAL ANGLE OF 5 DEGREES 42 MINUlES 32 SECONDS. A 0
RADIUS OF 485.00 FEET AND AN ARC DISTANCE OF 48.32 FEET. TO 1HE POINT OF :::.::
BEGINNING. 1HE CHORD OF SAID CURVE BEARS NORlH 83 DEGREES 48 MINUlES 33 <(
SECONDS Yt1OST. ::c
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tIllJES. ~
OrIglnol topographic Inlolmatlon Ihown woo produced by HDr1zan.. Ine. Ullng aerial t") ..
pIIo\ography obtolned 9/29/01. r~hlc information ... pradueed by photagtamelrlc
methada uelng control pnMded ::J. I " Madaon. Ine. 1M accuracy of the . !Xl
tapagraphlc klfarmallan .. the . nopandlIlty of Horizans, Ine. 0
OVERBURDEN UA1ERIAL REMAINS STOCKPILED YtIlHlN ~ All Inlonnotlan relatl... to praporty baun_ .. well co the IacatIan of the gas plpelln. C5
l00-FOOT MINING SETBACK AREA ADJACENT TO WYNDAIl . \ were taken from a ......y dated 11/29/72 and .....oed 12/8/72 by Rieke. Carroll. lotulIor
PONDS &: REI.IO'IED FROU AREA SOUlH OF SOU1liERN [ -~ -------"""-......._"-~ I 0::
MEADows. DRAINAGE SWALE " BERMS HA..,. BEEN 1i! by Dahlgren. Sharclow and Uban. Ine. SChooII" 101_. c. ha. not performed any fIeldwari< ta ~l
REGRADED " OVER-SEEDED. LANDSCAPING HAS BEEN ""fy or doee It accept any lIabAIty relative to'the __ af this bailndory .......y &
INSTAllED ADJACENT TO WYNDAIl PONDS. lnfarmatIon.
W.-'-- I ::l I I
- . . 8\ '~l
-'II Inlonnotlan relathle to orIglnol pn>perty boundari... w.... taken from tho 10901 delld1ptlon that 4
accampanIed tho C<lc\dltlanal ue.. Ponnlt app\1ca\1an doled olanuary 16. 1m. Th. original llUnOIy ~~ {I
6' CHAIN UNK FENCE HAS BEEN ..._ to In the not.. aba.. did not Includo tho Rutt F""",,lead. Th. property boundary as
originally drawn by Schaoll &: Madean purauant to the orIgklol lIUMly hoo been .......... ta Include
EXlENDED TO EASTERN BOUNDARY the Rutt Forrnetead COld the land _ with Cente.. Th. goo main (not "'awn) has boon ffil ..
ADJACENT TO lHRUSH S1REET . _ along the north<<ty p<<tmeter of the p1aperty outsldo the mining ...- ..
It Edge au"""",, by HaIling Eng_g Inc. - 12/15/06. () U)~ n
!lli ~
~ I AN[) ARFA .., 13..~!'t~ ACRES I
I
I I
I
tOO' 0 tOO' .... ....
b..d
Scals In Fool THRUSH STREET SE COR ClF NW 1/4
"" CCR OF NWI/4 - - ~ r- -.- SEt 16. Tt1S. ft22
sa: ". '1'115. Il21