HomeMy WebLinkAbout13.C.1. Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel /
CITY OF SHAKOPEE
Memorandum
CASE NO.: 11 -012
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 20, 2011
REVIEW PERIOD: July 29, 2011— November 25, 2011
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 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 they did receive a positive review of their operation by the Board of Adjustment
and Appeals and the City Council in September, 2010.
The conditions contained in adopted Resolution No. 6533 are listed below, with Planning Staff's
review /comments following in italics. The applicant also provided a response to each of the
conditions identified in this resolution. Additionally, staff received comments from City
Engineering and the Fire Department, with the Engineering memorandum attached for the
Council's information. The Council should review 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.
The conditions of the adopted resolution are listed below, with staff's comments in italics:
1. The Shakopee Board of Adjustment 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 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 for
review, the applicant shall submit a consolidated and updated operations plan.
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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 on August 18` 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. The applicant submitted the application on
July 14, 2011, and included an update on the amount of product removed from the site
during the past year, and an updated site plan that identifies the current mining and
reclamation areas. Additionally, a copy of the letter from the applicant's groundwater
testing consultant and the summary of the analytical results are attached for the
Council's information. This item was reviewed by the BOAA on September 8, 2011.
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 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.
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:
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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
(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 (5) conditions. Along the berm adjacent to the
Wyndam Drive residences, the applicant replaced two (2) trees this past year, and has
mowed the property at least twice this past year.
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 effects of dust on
neighboring properties.
The applicant is aware of the need to monitor the dust levels generated from their haul
roads, mining activity, and equipment, and periodically utilize their watering truck for
addressing this issue. They have been notified by the County and the City to keep
adjacent streets, sidewalks and trails free of any offsite sediment tracking, and that they
are responsible for street sweeping. They are working with a contractor to sweep the
drives and streets as needed to comply with this condition.
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Staff did receive a formal complaint regarding blowing dust on the afternoon of Monday,
September 12` Staff did share that complaint with the applicant and asked that they
address the 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 — 751 0.3280). 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-
8 feet wide and 6 -8 feet deep. There do not appear to be any additional tanks since staff
conducted a site visit in May, 2002.
The Fire Department commented that the property owner should: 1) provide the Fire
Department with a list of tanks and tank sizes, for those tanks listed in this condition; and
2) work with the Fire Department to develop a Pre -Fire Incident Plan for the operations.
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 /exit, 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 and/or 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.
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.
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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 April 30, 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 May 30, 2018, which is nine (9)
months longer than the estimated completion date from last year (August 31, 2017 - see
information submitted by the applicant) and 51/3 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 was not aware of any complaints in the past year, other than the need to monitor
sweeping of County Road 83, which they are presently doing, until receipt of a formal
complaint regarding blowing dust (on the afternoon of Monday, September 12` Staff
did share that complaint with the applicant and asked that they address the issue.
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.
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.
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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 (May 30, 2018,
whereas it was estimated at last year's review that the completion date would be August
31, 2017 and the year before that August 31, 2016).
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.
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.
This condition has been met.
28. Access spacing to future 17 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
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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). Reclamation efforts have been quite aggressive
in the past year, due to the property owner establishing an agreement with a contractor
working on a large project that is bringing an extensive amount of product onto the site.
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 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 17
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.
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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 Fire Department. The City
Engineering Department has provided the following comments for the applicant and for the
Council:
1. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment
tracking. The applicant will be responsible for street sweeping.
2. Turf shall be established onsite as per requirements set forth by the National
Pollutant and Discharge Elimination System (NPDES) permit program.
3. 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.
4. Slopes of all berms, existing and proposed, shall comply with standards set forth
by the City of Shakopee's Design Criteria.
5. 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.
6. No import of material shall be utilized for the end use grading plans.
7. The applicant shall work with the City to restore previous mining areas as
additional areas are opened.
8. The storm sewer discharge rate from the site shall comply with all requirements
set forth by the City Engineer.
BOARD OF ADJUSTMENT AND APPEALS 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. This information is being
provided to the City Council as required by approved Resolution No. 6533 (see condition no. 1).
There was significant discussion with the applicant regarding the end date as noted in conditions
no. 18 & 25, which will warrant additional discussion between staff and the applicant in the near
future. Planning staff and the City Attorney have already begun discussions regarding this issue.
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 modifications.
3. Deny the review of the permit.
4. Continue the review of the permit.
ACTION REQUESTED
Accept the review of the permit as conditioned in approved Resolution No. 6533.
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Mar Noble, ' lann-, II
C C/ 2011 /09- 20 /shakopeegravelreview. doc
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CUP REVIEW 7-15-11
TO STATUS OF
CONDITIONAL USE PERMIT
RESOLUTION NO. 6533
A RESOLUTION OF THE CITY OF SIIAKOPEE, 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 of the
Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway;
and
►. I _. ,_ ) s.. A.. l - .... _ � .,. 1 _ •
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 Permit/Land 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. 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 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 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 9, 2010. 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 17 Avenue,
Southern Meadows, Wyndam Ponds and Thrush Street; along the east property
line between Thrush Street and the existing driveway 1/4 mile north of Thrush
Street; and along the east property line adjacent to County Road 83 between
17 Avenue and a point just south of the old entry drive. The applicant
dedicated additional right of way along County Road 83 and Scott County
provided full access 1/4 mile south of 17 Avenue, turn lanes, a new entry drive
and relocated the main gate when County Road 83 was improved.
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 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 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 effects 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 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 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: This condition is 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.
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
2010 was 23,814 cubic yards per month, 1,030 cubic yards per month less than
reported last year. An estimated 2,129,295 cubic yards remains to be mined and
based on the current extraction rate, the estimated completion date for mining
operations is May 30, 2018, nine 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 has not received any complaints over the last fourteen 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.
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 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
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 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.
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 17 Avenue. The property owner shall pay the cost of lowering this
trunk line.
Response: 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.
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
31'` of each year are reported to Scott County. The applicant has exported
145,602 loose cubic yards (LCY) from January 1 to December 31, 2010, and
imported 110,857 LCY of material from January 1 to December 31, 2010. The
Existing Condition Plan illustrates the historic pit edges, restoration areas and
stockpiles of various products as of December 9, 2010. 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, MN 55379
Third Quarter 2011
I
Groundwater Monitoring Report
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ONE COMPANY 1 Many Solutions'm
August 12, 2011
Mr. Joel Speer
Shakopee Gravel
1650 County Road 83
Shakopee, MN 55379
Re: Groundwater Monitoring and Sampling Summary •
Shakopee Gravel
Dear Mr. Speer,
Pace Analytical Field Services Division (Pace) conducted field services for the Second Quarter
2011 groundwater monitoring and sampling on July 25, 2011 at Shakopee, Gravel. Monitoring
well MW -1 is routinely monitored on a quarterly basis for concentrations of Gasoline Range
Organics (GRO), Diesel Range Organics (DRO) and Benzene, Ethyl Benzene, Toluene, and
Xylene (BETX).
The depth to groundwater in MW -1 on April 27 was measured at 82.08 ft and the groundwater
elevation was calculated to be 742.73 ft AMSL. Groundwater samples were collected utilizing a
disposable bailer. The sampled groundwater was placed in laboratory- issued preserved
containers, stored on ice in a cooler, and then promptly delivered to Pace Analytical Laboratories
for analysis. Copies of the analytical reports are attached.
The results of the analysis are summarized in Table 1. Concentrations below the respective
reporting levels (i.e. non - detection) were reported for all analyzed parameters collected from
MW -1. A detection at the reporting level (100 µg /L) was reported during the first quarter 2011
for DRO. Concentration for DRO the following two quarters have returned to below the
reporting level, which is consistent with the previous 13 quarters prior to the detection.
HDR Engineering, Inc. 701 Xenia Avenue South Phone (763) 591 -5400
Minneapolis, MN 55416 -3636 Fax (763) 591 -5413
www.hdrinc.com
Shakopee Gravel
3r Quarter 2011 Report
August 12, 2011
Table 1. Summary of Analytical Results
3rd Quarter
PARAMETER 2011 GROUNDWATER HRL
Benzene ND 10
Ethyl Benzene ND 700
Toluene ND 1000
Xylene (Total) ND . 10,000
Gasoline Range Organics (GRO) ND NA
Diesel Range Organics (DRO) ND NA
Note: NA = Not Available
ND = Not Detected
Results and regulatory guidelines reported in lag/L.
The next groundwater sampling for 4 Quarter 2011 is scheduled for the end of October 2011.
This sampling event will include the standard DRO, GRO, and BETX analyses for MW -1.
We appreciate the opportunity to provide our professional service to you for this project. If you
have any questions regarding this letter, please contact me at (763) 278 -5907.
Sincerely,
HDR Engineering, Inc.
Hong T. Spores
Hydrogeologist
Attachment:
Appendix A: Figures
Appendix B: Analytical Report
HDR Engineering, Inc.
City of Shakopee
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Conditional Use Permit Annual Review— Shakopee Gravel, Inc.
PID NO.: 27- 916006 -1, 27- 916010 -0, 27- 916011 -0, 27- 917002 -0
CASE NO.: 11012
DATE: August 17, 2011
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 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. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment
tracking. The applicant will be responsible for street sweeping.
2. Turf shall be established onsite as per requirements set forth by the National
Pollutant and Discharge Elimination System (NPDES) permit program.
3. 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.
4. Slopes of all berms, existing and proposed, shall comply with standards set forth
by the City of Shakopee's Design Criteria.
5. 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.
6. No import of material shall be utilized for the end use grading plans.
7. The applicant shall work with the City to restore previous mining areas as
additional areas are opened.
8. 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: \Users\mnoble\ Downloads \Case.Number.11012.CUP.Review (Shakopee Gravel).docx
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