HomeMy WebLinkAbout13.A.1. Review of CUP and Mineral Extraction and Land Rehabilitation Permit for Shakopee Graveli3.A.~.
CITY OF SHAKOPEE
Memorandum
CASE NO.: 10-019
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: October 5, 2010
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. In addition to the standard review of
this permit, Shakopee Gravel has asked the City to consider that a review of the permit occurs
every two years rather than every year (see attached letter).
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 9, 2010 (6-0 vote).
The conditions contained in the adopted resolution are listed below, with Planning Staff's
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 conducting
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 is generated from the Shakopee Gravel operation.
b. concerns with the quality of the groundwater in this area of the city, due to the activities
of the Shakopee Gravel operation.
c. Belief that 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 of the adopted resolution are listed below, with staff's 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 of the 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 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.
This condition is presently being met. Staff sent a notice to property owners along
Wyndam Drive, to the Southern Meadows and Thomas A. Philipp Addition Homeowners
Associations, and to homeowners in the Southern Meadows subdivision that are adjacent
to the Shakopee Gravel site.
Additionally, as noted above, the applicant is requesting a change to the review period
for this application, seeking approval to have the application reviewed every two years
rather than on an annual basis. The Board discussed this request, but recommend to the
Council that the review timeframe continue on a yearly basis, particularly because there
typically are issues that warrant discussion every year, and the scheduled end date is
January of 2013, which is too soon to propose a change to reviewing this application
every two years.
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/Council 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 several years around the perimeter of this site.
Recently, access to the site was relocated and new fencing was installed along the east
boundary as part of the County Road 83 road construction project.
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.
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
(2006) 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.
The applicant has met the above five (S) conditions. Along the berm adjacent to the
Wyndam Drive residences, the applicant replaced three (3) trees this year and will be
replacing one additional tree that recently has died. The applicant has installed a
number of seedlings (125) along the west and south property lines and intends to do
additional plantings of seedlings again next spring.
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) are 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) of the 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 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 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-
8feet 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, which due to the
relocation of the entrance%xit, no longer is visible off site.
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 andlor black dirt 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, although the Board did have some discussion on
this item as to whether staff is being reimbursed for their time conducting the review of
this project.
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 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 Apri130, 1985.
This condition has been met. Shakopee Gravel, Inc., is the operator of the mine.
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.
This condition has been met. The applicant has provided information on the past
extraction rates and the estimated remaining balance of material on site, noting that the
estimated completion date for mining operations is August 31, 2017, twelve months
longer than the estimated completion date from last year (see information submitted by
the applicant) and 4 % years later than the original estimated date.
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. 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.
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.
Staff has noted that it has not received complaints in the past year.
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 of 764 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 fourth
phase (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. The applicant has continued to provide staff with the
quarterly groundwater monitoring reports, which staff has been sharing with Shakopee
Public Utility Commission staff, the Environmental Advisory Committee, and the City
Council. It should be noted that there were no diesel range organics (dro's) detected in
the past year.
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 several years and the estimated amount of material yet to be mined from
this site, as well as their estimated completion date for mining operations (August 31,
2017, whereas it was estimated at last year's review that the completion date would be
August 31, 2016).
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 17th Avenue 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 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 future 17th Avenue.
This condition has been met.
28. Access spacing to future 17th 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. Staff has personally verified that the
operators are monitoring the material being imported onto the site. There presently are
four (4) areas where reclamation activities are occurring.• along the east side, north of
the scale/office bldg., in the southeast area of the site, in the northwest area of the site,
and along the west side of the site, northerly of the area notated as the proposed area to
be mined (see Existing Conditions plan).
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. The applicant is presently
documenting all imported material and has this information readily available for staff
review as necessary.
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, and will be verified by staff
following completion of the mining activity.
32. The storm sewer discharge along future 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 subject property will necessitate the lowering of the storm sewer along future 17t"
Avenue. The property owner shall pay the cost of lowering 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. 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.
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 and the Minnesota Department of Natural
Resources (DNR). The City Engineering Department has provided the following comments for
the applicant and for the Board:
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, 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 Minnesota DNR commented that there are no DNR Waters issues with this project.
PLANNING COMMISSION 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. 6533, with an additional
condition that Shakopee Gravel, Inc. conduct maintenance of the public right-of--way along all
adjacent streets to their property.
This information is being provided to the City Council as required by approved Resolution No.
6533 (see condition no. 1).
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 permit as conditioned in approved Resolution No. 6533.
2. Accept the review of the permit, subject to a modification of condition no. 1 of approved
Resolution No. 6533 to allow a review of the permit every two years rather than annually.
3. Accept the review of the permit as conditioned in approved Resolution No. 6533, subject to
an additional condition that Shakopee Gravel, Inc. conduct maintenance of the public
right-of--way along all adjacent streets to their property.
4. Accept the review of the permit, subject to other modifications.
5. Deny the review of the permit.
6. Continue the review of the permit.
ACTION REQUESTED
Accept the review of the permit as conditioned in approved Resolution No. 6533, subject to an
additional condition that Shakopee Gravel, Inc. conduct maintenance of the public right-of--way
along all adjacent streets to their property. ~~`\
Mark Noble ~~
Planner II
CC/2010/ 10-OS/shakopeegravelreview.doc
~~
^
P.O. Box 690 • ~ 850 County Raad 63
~~
I1~TC ..
65
p.l
Shakopee, MN 55379 • 9.52-403-9988
Fax: 952-403-1265
Dear City of Shakopee;
Shakopee Gravel is requesting that our permit be reviewed. every other year, instead of yearly.
This would save us a considerable amount of expense. Thanks for your consideration.
~1
Sincerely, Joe Speer
City of Shakopee
.Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Conditional Use Permit Review -Shakopee Gravel, Inc.
PID NO.: 27-916006-1, 27-916010-0, 27-916011-0, 27-917002-0
CASE NQ.: 10019
DATE: July 27, 2010
The application indicates a request for the review of a Conditional Use Permit (CUP) for
Shakopee Gravel, lnc. The property is located in the southwest. quadrant of the County Road
83 (Canterbury Road) and 17~` 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, 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 ufilized for the end use grading plans,
6. The applicant shall work with the. City to restore previous mining areas as
additional areas 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.
C:\Documents and SettingsllvWoble\Loca1 SettingslTemporary Internet Files\Content.outiook\QMGPFINP81Case NL1Illber 10019 CUP
Review (Shakopee Crravel).docx
Tami Vidmar
From: Miersch, Janell (DNR) [JanelLMiersch@state.mn.us]
Sent: Tuesday, July 27, 2010 11:19 AM
To: Tami Vidmar
Subject: response to Case No. 10019
"Attachments: 10019:pdf
Hi Tami,
Attached is the comment page from Shakopee Gravel CUP. The DNR is not directly connected with the mining operation
or CUP agreement. However, Shakopee Gravel does hold a current DNR permit # 1994-6201 for sand and gravel
washing from unique well #510437. We have not had a change notice from them on water use since 2001.
I have na further comments.
.kaneli Miersch
south Metro Area Hydrologist
1200 Warner Raad
Saint Paul, Minnesota 55106
direct: 651-259-5776
Region 3 Waters: 651-259-5845
Fax: 651-772-7977 .
CUP REVIEW 7-Z5-10
RESPONSE BY SHAKOPEE GRAVEL INC.
TO 5TATUS OF
CONDITIONAL U5E PERMIT
RESOLUTION NO.6533
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING THE
RENEWAL OF AlYIENDMENT N0.4 TO CONDITIONAL USE PERNLIT NO. CC-376
(AND SUBSEQUENT AMENDMENTS NO. Z, 2 & 3) AND THE MINERAL
EXTRACTION AND LAND REHABILITATION PERMIT TO OPERATE A MINE
WITHIN THE MIlINING OVERLAY (MIN) ZONE
'c~c'~REAS, 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 Agzicultural Preservation {AG) Zone with a
Mining Overlay. (MIN) Zone; and
WHEREAS, the property upon which the request is being made is legaIly described as
follows;
The Northeast Quarter of the Northwest Ouarter of Section 16,
Township 11 S North, Range 22 West, Scott County Minnesota.
~Ilso: the West Half of the Northwest Quarter of Section 16, Township 11 S North,
Range 22 West, Scott. County, Minnesota, lying North and Easterly of the
Northeasterly right of way line of the Chicago; I~lwaukee, St. Paul and Pacific Railway,
~Ilso: That pcn7 of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 115 North, Range 22 West, Scott County,lllinnesota, lying No~~heasterly of the
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 heaxd
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 deternunation 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 Permit/Land Rehabilitation Permit:
Finding #l : 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 #~: The use, with the conditions stipulated, ~s consistent with the purposes of
the Agricultural Preservation (AG) Zone and. Mining Overlay (MIl~
Zone.
Finding #S: 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:
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 of the Conditional Use
Permit. The ownerloperator shall apply for review no later than 3uly 15~' of each
year. Applications for CUP and Mineral Extraction and Land Rehabilitation Permit
review will include records of groundwater monitoring information. With each
application far 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 BOAR voted 7-0 to accept review of
the permit and file it at its regular meeting on September 3, 2009. In addition to
the required application forms and fees, twenty-siz copies of the Existing
Ownership Plan, twenty-siz copies of the E~stiag 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.
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 Imes adjacent to I7o` Avenue, Southern
Meadows,'R'yndam Ponds aIId Thrush Street Fencing has also been installed
along the east property line between Thrush Street and the ezistiag driveway 114
' mile north of Thrush Street.
4. The applicant shall obtain a County Raad Entrance permit from the Scott County
Highway Engineer.
Response: This condition has been met as of Pilarch 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. Designfmaintenance 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 19~' 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 l/2" (min.) caliper deciduous trees
and 6' - 8' tall coniferous trees, l5 feet on center with a 5 foot offset adjacent to
the properties in the Wyn.dam 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 Iine; 500 feet from any residential or
commercial structure that was in existence prior to commencement of mining, unless
the written consent of all owners anal residents or occupants of said structures is
obtained; 30 feet from any road right-of--way.
Response: This condition is being met
8. AlI 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. - S p_m., Monday thru
Friday.
Response: This condition is being mgt
1 Q. Dust must be controlled. by paving main access raads, w~.tering 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: Tbis 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 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 permit approval from the Minnesota Pollution
Control Agency (MPCA) or other_ required agency. There shall be no use ar 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 I25-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
1 S.-The applicant shall be responsible for reimbursing the City for all costs incurred in
reviewing the permit through the Life of the operation.
Response: This condition is being met.
I6. The revised Crravel 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 beuag met.
17. The applicant shall prepare in report form, a plan for operation, which if acceptable,
shall be adapted 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 1.996. 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
2009 was 24,844 cubic yards per month, 1,356 cubic yards per month. less than
reported last year. An estimated 2,274,897 cubic yards remains to be mined and
based on the current extraction rate, the estimated completion date for musing
operations is August 32, .2017; twelve months longer than the estimated
completion date last year.
The applicant will continue to• keep the City informed of the amount of materia!
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 has not received-any complaints over'the last thirteen years
that required review prior to the scheduled review, but the applicant agrees that
the Cite has the authorit3~ 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 Adjustrnents 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 far 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 wall, 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.
Response: This condition is being met.
25. The mining operations shall operate for I7 years beginning on 3anuary 16, 2996, and
terminating on January 16, 2013.
Response: See response to Condition 1S.
26. Provided that the applicant is granted access to future 17~' Avenue, consistent with
the end use development of the property, the applicant agrees to dedicate the right of
way for future 17 Avenue at no cost to the City and accept assessments based upon
the end use development of the property.
Response: This condition has been met.
27. The sanitary sewer along future 17~' Avenue is shown, but not approved. Future
extension of 17~' 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 future 17~' Avenue.
Response: This condition has been met.
28. Access spacing to future 17~' Avenue and CSAH 83 will be determined by Scott
CountS~, City of Shakopee and the applicant upon approval of the preliminary plat for
the end use.
Response: Not applicable at this time. According .to Bast 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 rea ilates mine reclamation.
Response: This condition is being met and this information is shared with City
>~ Staff during its anneal 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 geotechrucal engineer.
Response: This condition is being met. A11 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 site shall be reclaimed in accordance witb 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 17~' Avenue 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 17a' Avenue. The property owner shall pay the cost of lowering this
trunk Iine.
Response: This condition has been met.
33. No Construction cutting or filling in the Nlinnegasco 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 an 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 of aggregate products for sale. Annual sales ending December
31St of each year are reported to Scott County. The applicant has exported
129,962 Loose cubic yards (LLCY) from January 1 to December 31, 2004, and
imported 11,761 LCY of material from January 1 to December 31, 2009. The
Existing Condition Plan illustrates the historic pit edges, restoration areas and
stockpiles of various products as of December 12, 2009. New information is
superimposed over the topographic mapping prepared frrom aerial photography
September Z9; 200E
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, MN 55379
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SHAKOPEE GRAVEL, INC. SHAKOPEE, MINNESOTA EXISTING CONDITION 12/12/09