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HomeMy WebLinkAbout20070507 - VIII-B-3VIII-B-3 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: May 7, 2007 Subject: Special Use Permit Renewal #2007-14 -Barton Sand and Gravel - Soil Processing Permit - 2445 County Road 54 REQUEST Barton Sand and Gravel seeks a Special Use Permit renewal approval to operate a soil processing permit at 2445 County Road 54. The current application is similar to applications made in the past that have all been approved with similar conditions. RECOMMENDATION At the April 23, 2007, Planning Commission meeting, Commissioners voted 5-0 to recommend approval of the Hot Mix Asphalt Plant. No members of the public spoke to the issue. ATTACHMENTS • Location Map • Site Plan • Soil Processing Permit Renewal (Applicant Narrative) • Wetland Delineation Map • Application • Resolution Barton Sand and Gravel- Soil Processing SUP Renewal City Council Memo- May 7 2007 2 HISTORY The City approved the original Special Use Permit in 1984, subject to several conditions. From 1584 to 200'4, annual approval of the permit was requested and granted by the city. In 2004, the length of the permit was extended from: one year to three years. Barton Gravel is required to file an annual report of activities for the City Council review in the interim years. In 2005, the Metropolitan Council acquired the site for a future use as a waste water treatment plant. The Planning Department has not received any operational complaints. BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The subject property is classified R- Rural. The site is not planned for sewer service in the 2020 Comprehensive Plan. Comprehensive Plan Classification The subject property is primarily zoned A-Agriculture. The northwest corner of the site is within the FW- Floodway Zoning District. Sand extraction is a designated special use in both districts. Health, safety and general welfare concerns shall be examined in determining the appropriateness of the use. Reasonable conditions can be added to the special use permit to ensure compatibility with surrounding land uses and address project concerns. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Vermillion Slough FW-Floodway Floodway East Mining (Ravenna Township) South CO Rd 54- Mining A- Agriculture R- Rural West Vacant A- Agriculture R- Rural HISTORY Original Permit The City issued an initial Special Use Permit to Davies Excavating in early 1984 with several conditions attached. In 1988, the soil processing permit for the operation was transferred from Davies Excavating to Tiller Corporation. The City has renewed their Special Use Permit every year since through 2004. The city required a new phasing and reclamation plan to be submitted ip 2000 as well as an EAW. Barton Sand and Gravel- Soil Processing SUP Renewal City Council Memo- May 7, 2007 3 2000 EAW In 2000, City staff worked with the applicant to clarify the boundaries, operations, and conditions of their soil processing permit. The City also required the applicant to go through a discretionary environmental assessment worksheet (EAW ). The purpose of the EAW was to determine any potential environmental impacts of the mining operation to address as part of the Special Use permitting process. Many environmental impacts were identified as part of the EAW and conditions were added to the approval to address these impacts. SPECIAL USE PERMIT REVIEW Existing Operation Mining and soil processing has occurred on site since 1984. The current permit allows them to operation from 7:00 am to 5:00 pm, Monday through Saturday. However, their normal operating hours are Monday through Friday. Normal truck routes moving to and from the operation are County State Aid 54 or County Road 91 to Trunk Highway 316. Access Site access is unchanged. Two accesses are provided from County Road 54. The applicant shall be prohibited from routing truck traffic along West 10"'Street between Trunk Highway 61 and 55 for hauling purposes. All accesses must be gated or chained to - prohibit unauthorized access to the site. Critical Areas/Shoreland Areas The entire site is located in the Rural Open Space district of the Minnesota River Critical Area Corridor. There are many natural features on the property. The property includes flood plains, shore lands, wetlands, and is in the MNRRA Critical Area. Land within 300 feet of the Vermillion River is also located in the City's Shoreland area. The Vermillion River is defined as a transitional river. The following conditions shall be added to the permit in accordance with state critical area requirements and the City's Shoreland Ordinance: 1. The earthen berms shall be immediately seeded with a native grass mixture after they are constructed. 2. The site above the water table shalt also be planted with native vegetation at the end of mining activities on the site. 3. Native trees shall be planted in the shoreland impact zone that has -been affected by historic farming practices (pre-mining) as part of the reclamation of this site. 4. The mining operation shall stay at least 75 feet away from the ordinary high water (OHWL) of the Vermillion River. Barton Sand and Gravel- Soil Processing SUP Renewal City Council Memo- May 7 2007 4 Wetland Delineation Svoboda Ecological Resources has conducted a wetland delineation of the site. The report identifies one wetland complex along the northern boundary of the parcel, adjacent to the Vermillion River. Operations must not encroach into identified wetland areas. A copy of the delineation map is attached. C 3 ° a~ o a~i ~o > u~ z J D: r R r m 0 E `~~O _ ~ `_o~N o ~ L ~ ~ N M y C~C ~ . N ~ G C ~ 'E v - a a ~C U~ R~ ~ u m' a u ti ti v o_- o d rc& d rc¢¢¢¢~ 3 Q a~ U m ~ ai J I' N 0 ,/, 9„~ti oo ~ ' O~ d cc~ - G _- ~_-_ ______ ~ ~~11 -_--_ -__-- _ .. r. _... i V/ d ~ ®O~~ 8 ~oo 8 00 n~ ~. ~__ - - ,. ~ if~~~~ar°~ !-iasiings - tail cf Government Lot en (i 01 and A!t that part of Lot ~~line {g) lying South or` the `vermii)ion Slough and Pciver in Section T~w~ only Six (26); all that part of t e :~~CrTI'VV$Si ~!]artei or t'le i~lOe"ti?eaS± i7!;ar=2r iN'i~l ~a vt ~ ~ i ~ t-ias-iings and Ravenna Road (so caDed) of Section thirty-Five (35), .all in - Township one Hundred ;=fifteen {1 i `v), Mange Seventeen (17), excepting and reserving from the above lands any part thereof heretofore deeded for railway purposes, all according to the Government Survey thereof, Also excepting from the above ,described land that part of the ~~~/ ~/, of the NE '/< of Section 35; Township 1 'l 5, Range 17, lying Northerly of County Road Number 54 and southeasterly, southwesterly and northwesterly of the following described line: Commencing at the Northwest corner of said NW '/< of NE Y<; thence South 0° 01 '23" East (assumed bearing) along the West line of said NVV %4. of NE % for a distance of 700 feet to the North line of County Highway Number 54; thence South 79° 10' 30" .East along said North line for a distance of 67,19 feet to the poinfi of beginning; thence North 0° 0"l'23°' West for a distance of 132,56 feet; thence South 79°13'30"' East for a distance of 740.22 feet; thence South 14° 03' West far a distance of 131.05 feet to the said North line of 1-lighvvay Number 54 and there terminating, And All of Government Lot Eleven (11), Section Twenty-Six (26), Township One Hundred Fifteen (115), Range Seventeen (17), And That part of the Northeast Quarter of the Northeast Quarter {NE % of NE %4) or' f Section Thirty-Five (35), Township t7ne Hundred Fifteen North {115N), Range Seventeen West (171I~J) lying North of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way (now known as the Sioux Line Railroad) And All that part of the Northeast Quarter of the Northeast Quarter (NE ~, of NE %) of Section 35, Township 1 15, Range 17, lying North of the centerline of County State Aid Highway No. 54 and lying South of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way. Aft of which property is subject to: t u 7. A pipeline easement to Standard oil Companv, an Indiana Corporation, recorded in Book 54 of Miscellaneous Records, Page 264. 2. Northern States Power Company electrical transmission easement, recorded in 8oolc !: 78 of Miscellaneous Records, Page 192. { Subject io any and al! other easements of record. nl ~- r; i D~1hQTd ... - .rw.-, p ~ .. 1 _ ~ ,~,~ z ; ~ ~ - - _, .y ,- ~_ .~:.T -. ~ _ ~, ~ ~ ~ __ - >, c. .~;, ;, >, ~3'r!~ ~ i - Asa."'` +.±;~V,~ ~ ''^=tw ,-.~ ~.> .,.~ ~ ell ., ',. ~~ '.. '~l° ,~ ~ a^ ~-gin ~~' - 1 ~_ __ '~ # E S f,., r ,~ ~ ~` w' to r tP"mr ~ " {.¢ u ~ a~ ~® B~ ~ -~``K - w s ' ~ ~? ~~ n .rvt' ~ ~ t.,-. If~ ~~ mss- ',s-"'j1AV ^N -"~.s.. ~-~1~~.' ~ ti69b ~ - _ , . ~~~. ... _ 4 ,G8 ~ Kf A _ -j, tom' '+.__, ~~r ~ a '~.~; u. ~,~ ..~ as ~ oPE .- (~df'{ ~'~w4"'r ~,3 t~~T L;~it+x l r~+' F -ryrvy L ~ 'w ~~tx, •~kF'r-ate -r~ ~:tl ~,.. r - -~? a' _ ~' `.` P J-~-a ~ ~.~~ 2#„ i ... P'c~a 3 +~tl!%tG ~s t i " " a _ xxr ~ ~ k " ~ }~ c ~'~: ~~. ~.~ r xkr s x ~ .Y ._, °y'~q'""" ,--'~y~~' m~''~f xe-v-~'F:- ~ `Sf --75`,..- .fi'~ ` -' 2 .,r: J ~ ~'#~ `a Y. . ~ ~_ „g ~ :'~ 4 t~'(s. .... .. ~ fi a' t P ~; -~ A 2£ ; SVater izrk ~' ~ ~ '~ l .~ :- ~ P ` - ~ n Sv 1 ~ 1 ',...•_ -,y35 .:._ ~ Fi76. f.ST '.T~«'.. ~.`.~_ i~1+,XJ -,~, ~'~'^' ~,~ ~- 160TH Sii~E£; a'. t ~ ' ' - ':~a `. i ,. - , i~ - ~ '' C - r i ,, ~ ~ ri;. ~ ~.1 i ,~ L~l 5~:. ~.~ - ~~ a. ~ ~ ~ ~ n . x ~# ~~. ~. ~. Staie~NOSpi.`rl ~ :. ~ ~~`y'~ u r .. c ~ ' r _ _ _ ct - w L _ @ z '~ {? ~`~ ' .. F ~,; I p. {y" '~L1J1se nn__~ '. ~'~'~~ ~~~~ l~I~UTE ~~~®RAN~~E MAP E~~ERP~ ~STI~i~~ ~U~~R~~I~LE P~~URE 2 Soil Processing Permit 2007 Renewal The following information is submitted in connection with an application for the renewal of our Soil Processing Permit dated June 1488, amended in September 2000, to operate a sand and gravel mine in the City of Hastings. The Applicant and Operator, Barton Sand & Gravel Co., is an operating division of Tiller Corporation. The property is owned by the Metropolitan Council. Loc4tion The site is located in part in the City of Hastings and in part in Ravenna Township. The site is north of Ravenna Trail (CSAH 54) near the intersection with County Road 91. The legal description is attached as Figure 1 and a location map is attached as Figure 2. Water Monitorine Dakota County issued a permit for the portion of the site situated in Ravenna Township. This permit, also amended in 2000, requires annual sampling and testing of water contained in the pond created by mining. This pond is contiguous between Ravenna Township and the City of Hastings. The purpose of the testing is to assure the absence of petroleum products in the water. Petroleum products have never been detected in any of the water samples. Resuhs of the annual testing are supplied to City staff as well as Dakota County. Operating Hours The current Permit allows operations from 7:00 AM to 5:00 PM Monday through Saturday except holidays. However, situations arise such as public emergencies or accelerated work schedules, which may require an extension of our normal operating hours. Traffic Patterns Traffic patterns to and from the site primarily involve Ravenna Trail (CSAH 54) and County Road 91. Traffic moves east and west on Ravenna Trail or north and south on County Road 9i. In addition to Ravenna Trail, traffic also uses U.S. Highway 61 for north and south travel through Hastings. Traffic Control Program The safety with which traffic moves to and from our site and its impact on the health, safety and welfare of the people of the community is a major consideration to us. Safe trucking operations are dependent on the policies and procedures followed, including the condition of the equipment and the attitudes and driving practices of the individual drivers. Our goal is safe and courteous trucking activities to and from our site to minimize impact on the people azound us. We have employed a traffic control program in the interest of safe trucking operations which includes the following: 1. Access to the site is limited to the two entrances that presently exist. 2. Stop signs are maintained at both exits from the site. 3. Signs have been placed by the truck scale to encourage safe and courteous driving practices in accordance with all traffic rules and regulations. 4. We follow-up directly with drivers or customers who are not driving safely. Estimated Vohune The amount of material produced is dependent on market conditions and demand. Historically production has ranged from 50,000 tons to 200,000 tons per year. Reclamation The approved Mining and Reclamation Plan is attached hereto as Figure 3. Slopes, as depicted on the Mining and Reclamation Plan, will be established as materials are removed. Once mining has been completed in a particular phase, final grading will take place and vegetation will be established in that phase. Securitv Site access is restricted to authorized persons. Each site entrance has a gate that is locked during non-operating hours. There is also a series of natural barriers, fences and earthen berms that limit access. Trespassing or infringement by unauthorized persons has not historically been a problem a# this site. $Ji _ ~• , ,~i3 --"~x E~3 '~ 7Y ~7~ E. ~~ ~- gg ~g ae e ?a ~ ~~Ygiy~d ' ~ ~~ ~}9 ~g ~~ K Q {-`~ Z p¢ •13- { I~ a U N d ii ~ W W r t ~ ~ N J Q NI F ~~~~1'~~, 1i m a W w ~ Q W ~ S ~ i- W _O _r p w w 2 Q~ G O vz w v wZ mz . E rc~ '~ w ~~ ~o 3~ m a~ K ~ w Z ¢! ~3 r J .'] ©I _ W W 4 J Q L 'J HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL USE PERMTT TO ALLOW BARYON SAND AND GRAVEL COMPANY TO CONDUCT SOIL PROCESSING AT 2445 COUNTY ROAD 54, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, on April 23, 2007, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval subject to the conditions of this resolution; and WHEREAS, The City Council has reviewed the request and recommendation ofthe Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Special Use Permit as presented subject to the following conditions: 1. The site is to be restored, upon completions ofthe mining operation, pursuant to tbe plans provided to the City and dated August 23, 2000. 2. The earthen berms shall be immediately seeded with a native grass mixture after they are constructed. This native grass mixture shall be approved by the DNR 3. The remainder of the site above the water table shall also be planted with native vegetation at the end of mining activities on the site. This native grass mixture shall be approved by the DNR. 4. The applicant shall plant native trees in the shoreland impact zone that has been affected by historic farming practices (pre-mining) as part of the reclamation of this site. 5. The applicant shall retain and protect all the existing trees in the wetland and shoreland impact zone. 6. The applicant shall not encroach upon any identified wetlands as identified on the "Wetland Classification Identification and Delineation Report" conducted by Svoboda Ecological Resources dated 9I20/O1. The wetlands shall be identified with GIS coordinates, prior to excavation neaz those azeas. 7. The applicant shall stay at least 75 feet back landward from the ordinary high water level of the Vermillion River (Shoreland Impact Zone). The shoreland impact zone shall be marked with stakes in the field, as identified on the 8/20/00 site plan, prior to excavation near those areas. The stakes in the filed shall be reviewed annually for visibility after excavation occurs in these areas. 8. Any abandoned on-site wells shall be abandoned according to Dakota County Ordinance No. 114. 9. Salvage and waste materials located near the abandoned farm house in phase 1 shall be removed before mining can occur in this area. 10. Tiller Corporation shall notify the City Plaiuiiiig Department if any excavation of previously undisturbed areas reveals the presence of historic artifacts. I l .Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through Saturday except holidays. In addition, Tiller Corporation shall refrain from at all times using CSAH 54 and HWY 9i for hauling purposes between the hours of 5:00 pm and 7:00 am In eases of emergency, Tiller Corporation may operate during hours other than those noted upon approval by the City Administrator or the Public Works Director. This Special Use Permit can be revoked if the applicant is found working beyond these hours and does not have authorization to do so. 12. Tiller Corporation Company shall refrain from using West 10`~ Street between Trunk Highway 61 and Trunk Highway 55 for hauling purposes. 13. All accesses to this property shall be gated or chained to prevent unauthorized access to the site. Dakota County shall approve any new accesses. 14. Tiller Corporation shall continued in full force and affect an irrevocable bond or other form of security acceptable to the City in the amount of $75,000 for the estimated cost of restoring the site covered by soil pursuant to City Code. 15. Tiller Corporation shall provide to the City a Liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the State of Minnesota as will protect the applicants, its agents, and the city from claims of bodily injury, death, or property damage which may arise from operations under the soil processing permit. The amounts of the insurance shall not be less than that which is requued by the City Code. 16. Vegetative cover as required by the City of Hastings Storm Water Management Ordinance shall be restored on the steeply sloped portions of the site, identified on the mining plans. Appropriate erosion control measures as determined by the Public Works Director shall be undertaken to ensure establishment of vegetative cover on steeply sloped portions ofthe site where mining is complete according to the approved plan. 17. Reclamation of each mining phase shall begin as part of the condition of moving on to the next mining phase. 18. The applicant shall operate the facility with due regards to the rights of the easement holders on the property. Mining operations shall not conflict with pipelines and power lines as established within easements on the property. 19. As applicable, the applicant shall be responsible for obtaining any water appropriations or dewatering permits required from the State DNR 20. The applicant shall follow the State's DNR well dispute resolution system set up to handle well interference problems. The applicant shall correct interference with existing wells by modification of pumping operations, replacing wells, or lowering impacted wells. 21. The City of Hastings shall be informed of the results of the most recent inspection of the mining operation by the Mine Safety and Health Association. 22. The applicant shall notify well owners within a one mile radius of the gravel pit the contact name address and phone number. 23. The mining operation and plan shall be in compliance with the City's Floodplain Ordinance. 24. Processing of rock, aggregates, and recycled materials, including crushing, washing, and stock piling. 25. Tiller Corporation shall also file an annual report each January with the City Council to provide an update on activities and operation on the site. 26. Tiller Corporation is permitted to operation on the land described by exhibit A and exfibit Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Adopted by the Hastings City Council on May 7, 2007, by the following vote: Ayes: Nays: Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee City Clerk