HomeMy WebLinkAboutItem -2205TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPCg Plan ningCo.com
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 13 August 2013
Item No. 5
RE: Lakeville — Midwest Asphalt Corp; Lake Marion IUP amendment
TPC FILE: 135.01 — 13.05
BACKGROUND
Midwest Asphalt Corporation holds an interim use permit approved by the City Council
on 7 March 2011 to allow gravel excavation from the property located northeast of
Kenrick Avenue and 195th Street adjacent to the southwest shoreline of Lake Marion.
The interim use permit, which supersedes a conditional use permit originally approved
in 1993, allows for excavation of the subject site in accordance with a phased removal
and restoration plan subject to 23 conditions including a required termination date of 31
December 2021 (unless extended by amendment of the interim use permit).
Additionally, the interim use permit stipulates that operations shall be performed only
between 7:OOAM and 7:OOPM Monday through Saturday and that no rock crushing shall
occur on Saturdays. Midwest Asphalt Corporation is requesting an amendment to the
interim use permit allow import of fill material and loading of aggregate on a 24 hour,
seven days a week basis. A public hearing to consider the proposed amendment to
the interim use permit application has been noticed for 22 August 2013.
Exhibits:
A. Site Location
B. Interim Use Permit No. 11-01
C. Applicant Narrative
D. Mining, Excavation and Restoration Plan
ANALYSIS
Comprehensive Plan. The subject site is guided by the 2030 Comprehensive Land
Use Plan for future Medium to High Density Residential and Low Density Residential
uses. The subject site is also included within MUSA Expansion Area "B" (Not Before
2015) meaning that sanitary sewer and water utilities are not currently available to the
property to allow for development of the planned urban land uses.
The 2030 Comprehensive Land Use Plan acknowledges that aggregate deposits are
identified by the Metropolitan Council as a regional resource to be protected for
extraction in support of anticipated regional growth and establishes a goal that mining of
gravel resources is to be done in a manner that protects the environment, is compatible
with adjoining land uses, and is consistent with the City's long range planning. The
adopted policy further states that the City will consider compatibility with surrounding
land uses and mitigation measures in the location and operation of gravel mining
operations to reduce nuisance concerns such as noise, dust, traffic, etc., along with
continued compliance with the Lakeville Gravel Mining Ordinance.
Zoning. The subject site is zoned RM -1, Medium Density Residential District and RS -3,
Single Family Residential District consistent with the future land use designations
established by the 2030 Comprehensive Land Use Plan. As the subject site is outside
of the current MUSA, the RAO, Rural Agriculture Overlay District is also in place for the
subject site allowing for rural uses until such time as sanitary sewer (and water) utilities
are extended to allow development of the urban land uses guided by Comprehensive
Plan. Excavation operations are allowed within the RAO District as an interim use.
Gravel Mining Ordinance. The City has adopted Title 7, Chapter 14 of the City Code
establishing requirements and performance standards for gravel mining operations
within the City where allowed by the Zoning Ordinance. The 23 stipulations included
with the interim use permit approved in 2011 for the subject site are based upon these
requirements and standards incorporating site specific conditions. The activity on the
subject site is limited to excavation, crushing and exportation of aggregate and
importation and grading of fill to restore the site in accordance with the approved
Mining, Excavation and Restoration Plan approved by the City Council. Midwest
Asphalt Corporation is not proposing an expansion of the excavation area within the
subject site or removal of additional material beyond that allowed by the approved
interim use permit.
Hours. Section 7-4-15.13 of the City Code establishes that extraction and hauling
operations shall be performed during only those times established by the City Council
as part of the Interim Use Permit and license. The approved interim use permit for the
subject site limits operations to 7:OOAM to 7:OOPM Monday through Saturday. The
interim use permit further prohibits crushing operations on Saturdays.
Midwest Asphalt Corporation is requesting this stipulation be modified to allow loading
of aggregate and importation and placement of fill material 24 hours per day, 7 days per
week throughout the calendar year. The basis of Midwest Asphalt Corporation's
request is that construction projects within the Twin Cities Metropolitan Area occurring
on an overnight or weekend basis require the ability to operate from the subject site at
those times. The City has had experience with overnight mining operations with
Aggregate Industries at 160th Street and Pilot Knob Road. That location includes
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nearby single family homes in Apple Valley and the SBF development to the south. The
approval in 2008 for Aggregate Industries allowed them to operate 24 hours per day,
seven days per week but they have only been operating with the hours of 5:OOAM to
1:OOAM, Monday through Friday and 7:OOAM to 5:OOPM on Saturdays.
To ensure that the expanded hours not cause a nuisance to surrounding land uses, it is
recommended that operations between 7:OOPM and 7:OOAM be limited to loading of
stockpiled aggregate material and that importation of fill material be stockpiled for
placement and grading outside of night-time hours. Excavation and crushing of
aggregate and grading of the restoration areas is recommended to be allowed only
during the current hours specified by the approved interim use permit.
In that the extent and duration of the mining operations within the subject site is defined
by the finite amount of aggregate allowed to be removed under the approved interim
use permit, expanding the hours of operation has the potential to expedite completion of
the excavation plan and restoration of the site prior to the termination of the interim use
permit on 31 December 2021, although this is obviously subject to market demand for
the aggregate. This would be consistent with the regional and City goal to allow
extraction of aggregate resources prior to planned urban development. Allowance of
the expanded hours would be subject to other considerations such as screening and
limits on the noise, lighting and haul routes discussed in subsequent paragraphs.
Screening. The approved interim use permit allowed for excavation of the subject site
in three phases. The applicant indicates that they have mostly completed the
excavation within Phases 1 and 2 and expect operations to continue in 2013 and
beyond within Phase 3 at the northwest corner of the subject site along with restoration
of Phase 2. The Phase 3 area is visually screened and noise buffered from Lake
Marion and the surrounding residential uses by the ridgeline created by the Xcel Energy
pipeline crossing from north to south through the subject site as well as this area of the
site being largely depressed below 195th Street, Kenrick Avenue and Lake Marion to the
east. There is no rise in topography between the mining and fill area and the lake on
the north side of the property. The approved excavation plan also utilizes the
overburden and aggregate stockpiles as a screening measure.
Noise. The approved interim use permit requires that the maximum noise level at the
perimeter of the subject site be within the limits established by the Minnesota Pollution
Control Agency and Federal Environmental Protection Agency. Midwest Asphalt
Corporation has implemented use of "swoosh" or flashing back up alarms on their trucks
hauling at the subject site to minimize impulse noise from these required devices. The
applicant will further implement internal circulation that provides for one-way haul truck
pattern into, within and out of the subject site to avoid the use of the backup alarms.
Midwest Asphalt Corporation has also stated that the loader used for overnight
operations will not utilize a warning horn. Given the request for expanded hours and
days of operation on the subject site, these noise mitigation measures are
recommended to be included as stipulations of the amended interim use permit.
Lighting. The expanded hours of operation including overnight activity may create the
need for Midwest Asphalt Corporation to utilize temporary site lighting. In order to
mitigate any potential effects to surrounding properties, use of such lighting should be
limited to areas where excavation, loading or restoration operations are actively
occurring. A condition regarding the use of temporary lighting should also be included
that the lighting equipment be screened from surrounding residential properties by
placement behind stockpiles or using the existing slopes over the gas pipeline
transecting the subject site east of the Phase 3 mining area as a buffer.
Haul Routes. The existing interim use permit limits haul routes to and from the subject
site only to Kenrick Avenue or other County or State roadways. No change to this
condition is recommended.
Annual Mining Permit. Midwest Asphalt Corporation is required to obtain approval for
an annual permit to operate on the subject site in accordance with the approved interim
use permit. The licensing process allows the City the opportunity to review each year
that the site operations are being conducted in accordance with the interim use permit
and all of the stipulations incorporated therein.
The approved interim use permit requires Midwest Asphalt to provide a security in an
amount necessary to complete the restoration plan. This security may be reviewed
annually and reduced if ongoing excavation and restoration of the subject site has
progressed to warrant such action as determined by the City Engineer.
Midwest Asphalt Corporation is proposing that there be a site manager available 24
hours per day by telephone to answer any complaints regarding the operations at the
subject site, in the event they occur. The same management technique is provided by
Aggregate Industries at their site in northeast Lakeville and has been successful in
providing for necessary and timely response to resident complaints regarding that
operation in the past.
CONCLUSION
The City acknowledges that aggregate deposits are a regional resource to be extracted
in support of anticipated regional growth and establishes a goal that mining of gravel
resources is to be done in a manner that protects the environment, is compatible with
adjoining land uses, and is consistent with the City's long range planning. The
expansion of the allowed hours of operation requested by Midwest Asphalt Corporation
for the subject site can be reasonably accommodated with the proposed additional
measures implemented to mitigate noise and other effects from the overnight material
loading and import operations. Our office recommends approval of the requested
interim use permit amendment subject to the following stipulations:
1. The provisions of Interim Use Permit No. 11-01 approved by the City Council on
7 March 2011 and recorded 22 March 2011 as Document No. 2792516 shall
remain in full force and effect except as specifically modified herein.
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2. Noise mitigation measures between the hours of 7:OOPM and 7:OOAM shall be
implemented according to the interim use permit amendment application
narrative approved by the City Council, including but not limited to:
a. An internal circulation pattern shall be established within the subject site
allowing for one-way traffic of haul vehicles to minimize the need for
reverse maneuvers, subject to approval by City staff.
b. All equipment shall utilize white -noise alarms between the hours of
7:OOPM and 7:OOAM, seven days a week.
C. Impulse noise from sources such as dump gate slamming or engine
braking shall be minimized to maintain compatibility with surrounding land
uses.
3. Use of site lighting between the hours of 7:OOPM and 7:OOAM, seven days a
week shall comply with Section 11-16-17.A of the Zoning Ordinance and be
screened from view of surrounding residential properties by placement behind
stockpiles or using the existing slopes of the gas pipeline transecting the subject
site east of the Phase 3 mining area, subject to approval of City staff.
3. No excavation, rock crushing or site grading shall occur between the hours of
7:OOPM and 7:OOAM, seven days a week.
4. The operator shall maintain with the City a procedure for responding to issues or
complaints related to the gravel mining operation, which is to include the name,
address and telephone number of a responsible individual accessible between
the hour of 7:OOPM and 7:OOAM, seven days a week.
5. The hours of operation may be restricted if the City Council determines that the
extended hours of operation become incompatible with surrounding uses. The
24 hours of operation per day shall be subject to annual review and approved in
conjunction with the existing annual mining permit for excavation and restoration
of the subject site.
C. Steven Mielke, City Administrator
Frank Dempsey, Associate Planner
Zachary Johnson, City Engineer
Roger Knutson, City Attorney
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1008 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 8/15/2013
111—
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Dakota County, MN
MIDWEST ASPHALT COMPANY
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 536 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 8/15/2013
Receipt#: 142986 2792316
ABSTRACT FEE $46.00
Recorded on: 3/22/2011 09:00:01AM
By. DDW, Deputy
Retum to:
CITY OF LAKEVILLE
20195 HOLYOKE AVE
LAKEVILLE, MN 55044 Joel T. Beckman County Recorder
Dakota County, MN
(Reserved for Dakota County Recording Information) . �'Z
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
INTERIM USE PERMIT NO. 11- 0 f
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves an interim use permit for Midwest Asphalt Corporation to
allow mining and excavating at the northeast quadrant of Kenrick Avenue and 195th
Street.
2. Prone . The permit is for the following described property located in the City
of Lakeville, Dakota County, Minnesota:
That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying
Py East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east —
J west quarter line of said Section 24 and southerly and westerly of the shore line of
Lake Marion. Subject to a street or road easement for 195th Street West. Except the
9 following described property: That part of Government Lot 7 of Section 24, Township
114, Range 21, Dakota County, Minnesota lying Easterly of the Easterly right' of way
line of Trunk Highway Number 35 (as now located and established) including the
accretions and relictions and all other riparian. rights thereto; which lies Westerly of a
line run parallel with and distant 135 feet Easterly of line 1 described below: Line 1:
1 Beginning at a point on the West and East quarter line of Section 13, Township 114,
Range 21, distant 1421 feet East of the West quarter corner thereof; thence run
Southerly at an angle of 92 degrees 6 minutes 00 seconds from said East and West
quarter line (measured from East to South) for 3707.3. feet and there terminating.
3. Conditions. The permit is issued subject to the following conditions:
a) The Conditional Use Permit approved for this property in 1993 shall terminate
upon City Council approval of this Interim Use Permit.
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b) The boundaries of the excavation and mining area shall be limited to the area
identified in the approved plans. Snow or silt fence shall be installed at the
boundary of the bluff impact zone and shore impact zone to ensure that the
boundaries are not breached during excavation and rehabilitation.
c) Mining and rehabilitation including extraction and grading, proposed drainage,
erosion and sedimentation control, and finished grades shall occur consistent
with the Mining and Excavation plan developed by Sathre Berquist, Inc., dated
January 7, 2011, revised February 9, 2011.
d) Perimeter side slopes may be mined to a maximum slope of 1.5:1 and shall be
back-filled to a maximum of 3:1 (33%) slope or perimeter fencing of the mining
area shall be installed by the operator. No Trespassing signs shall be installed at
regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and
195th Street.
e) Vegetation shall be reestablished as an ongoing part of the site rehabilitation.
Ground vegetation shall consist of grass seed mixture.
f) ' To achieve and maintain a continual earth balance of the entire property,
Midwest Asphalt Corporation shall not mine more than 244,000 cubic yards* of
aggregate material from the west side of the gas pipeline until it can be
demonstrated and documented to the City that a greater quantity of engineered
fill material has previously been imported to the property to allow additional
mined aggregate to be removed.
g)* Blasting shall not occur on the property unless approved by an amendment to
the interim use permit and confirmation by CenterPoint Energy or their
successors.
h) The plans are implemented according to the recommendations- outlined in the
Engineering memorandum dated January 28, 2011.
i) A site improvement performance agreement and annual mining permits shall be
submitted by the applicant along with security as required by Title 7, Chapter 4 of
the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall
be submitted by the operator in an amount approved by the City Council to complete
approved rehabilitation plan. The annual permit application shall include figures
stating the amount of aggregate material exported from the property and fill material
imported to the property.
j) Abandoned or inoperable machinery or equipment and rubbish shall not be _
stored on the site.
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k) The maximum noise level at the perimeter of the site shall be within the limits
set by the Minnesota Pollution Control Agency and the Federal Environmental
Protection Agency.
1) Operations shall be performed between 7:00 a.m. and 7:00 p.m., Monday
through Saturday. Rock crushing shall not occur on Saturdays.
m) Operators shall comply with all applicable city, -county, state and federal regulations
for the protection of water quality, including the Minnesota Pollution Control
Agency and Federal Environmental Protection Agency. regulations for the protection
of water quality. No waste products or processed. residue shall be deposited in any
lake, stream or natural drainage system.
n) Asphalt or concrete production is not permitted on the property unless
approved by an amendment to the interim use permit.
o) Rehabilitation shall be a continuing operation occurring as quickly as possible
after the extraction operation has moved sufficiently into another part of the
extraction site.
p) All topsoil shall be retained at the site until complete rehabilitation of the site
has taken place according to the rehabilitation plan. Slopes, graded areas and
backfill areas shall be surfaced with adequate topsoil to secure and hold
ground cover. Such ground cover sha!Il be tended as necessary until it is self -
sustained.
q) Earthen screening berms along Kenrick ,Avenue and 195th Street shall remain in
place during the life of the mining operation. Earthen berms a minimum of four
feet tall shall be extended along Kenrick Avenue and 195th Street to maximize
visual screening during the operation of the mine. Earthen berms shall not be
located within 50 feet of 195th Street and Kenrick Avenue.
r) With the exception of Kenrick Avenue, truck haul routes are not permitted on
City owned streets unless approved by the City.
s) Any flammable liquids stored on the site shall be in above ground storage
containers and shall meet Minnesota Pollution Control and Fire Code
requirements.
Q All mining and excavation and rehabilitation of the site shall be completed by
December 31, 2021 unless approved by an amendment to the interim use
permit.
3
u) Excavation is prohibited below an elevation of 1004 (sea level) except for the
construction of the settling ponds. -
v) The first 400 feet of the access road shall remain paved with bituminous and
shall be swept regularly to keep gravel off of Kenrick Avenue, Kenrick Avenue
shall be swept regularly as needed. Any water used by the operator that is
acquired from a City water hydrant will require a permit from the City.
w) Confirmation from the property owner must be provided to the City that the well
and septic system were abandoned according to state and local requirements.
4. Termination of Permit.' The City may revoke the permit following a public
hearing for violation 11 of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this interim use permit is a criminal
misdemeanor.
Date'
CITY OF LAKEVILLE
Mark Bellows, Mayor
BY/, r
Charlene Friedges,I/CY Clerk
The following instrument was acknowledged before me this 7t" day of March,
2011, by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
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Notary PbfAc J
The undersigned user agrees to the conditions set forth in the permit.
MIDWEST ASPHALT, INCORPORATED
AN
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STATE OF MINNESOTA )
) ss.
COUNTY OF ,� )
The foregoing instrument was acknowledged before me this 7 day of
Gc-t,,—in , 20(t l , by l3 l Gt c: 9 64t ---f - the
{'A,e.X of Midwest Asphalt, Incorporated, a
Minnesota corporation, on behalf of said corporation.
Notary Public
DRAFTED BY:
NOTA PUBLIC PUB' MINNESOTA
`� . ;,w My CwnmW M E*WJWL 31, 2015
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
5
Midwest Asphalt Corporation
2013 Plan
Lake Marion Location
The Phase 1 sedimentation pond area was completed and seeded according to the Storm
Water Design for Mining, Excavation and Restoration Plan in 2011. The vegetation is
progressing nicely. A small quantity of Mining will continue and also be completed in
Phase 2 in the south east corner of property in 2013. Phase 2 will continue to be restored
in 2013 per the approved Restoration Plan. Note that on the Plan, we have expanded the
Restoration Area in the SE corner of the property in relation to the 2012 application.
Material has been imported from various projects for reclamation purposes. Import
material was tested, placed and compacted. This type of reclamation process will
continue in 2013, with a concentration in the south easterly area of the property. It is not
anticipated that reclamation of Phase 2 will be completed in 2013. The timing of "area
completion" is dependent on market conditions and import material availability. We are
being aggressive in seeking import material so that Restoration can be completed as
timely as possible.
The Mining Operation Plan for 2013 at the Lake Marion Pit is to complete the balance of
the mining on Phase 2 located in the south east corner of property and also continue on
the west side of the pipeline. As Phase 2 of the mining is completed, the area east of the
gas pipeline will continue to be available for imported material for restoration.
Aggregate mining operations were started in the fall of 2011 on the west side of the gas
pipeline. As mining operations continue in Phase 3, the Temporary Sedimentation basin
planned for the northwest corner of the property will be completed according to the
Storm Water Design for Mining, Excavation and Restoration Plan. Areas along the gas
pipeline were marked in 2011 and approved by Excel Energy. Communication and
inspection is ongoing with Xcel Energy as needed. The required silt fence was installed
along Kenrick Avenue where the mining operation was started. As more overburden
material is moved for mining operations, the additional required silt fence will be
completed and the overburden material will be placed along Kenrick Avenue and 195`
Street for the screening berm per the Mining, Excavation and Restoration Plan.
The Security Bond (Bond) amount will remain the same in 2013. Currently the Bond
expires midnight May 6, 2013. If for any reason a lower dollar value of the Bond would
be accepted by the City of Lakeville for the 2013 renewal, a notice two weeks prior to the
expiration date would be appreciated. It may be more appropriate to request a reduction
in the value of the Bond next year as a greater area will be restored.
Attached is the 2011 and 2012 Annual Reporting Forms. The total material imported for
the two years (since mining operations started) is 133,748 CY. The total exported from
the site is 159,461 CY. The difference is 25,713 CY more material exported then
imported. Well below the maximum quantity allowed to be mined of 244,000 CY per
paragraph 3.f) of the Interim Use Permit No. 11-01.
We expect that the amounts of imported/exported material will remain fairly consistent in
2013 for this operation compared to past seasons. There are a number of projects that we
are investigating that may produce a greater quantity import material for 2013, but have
no confirmation as of yet.
AMENDMENT TO INTERIM USE PERMIT #11-01 REQUEST:
To allow import and placement of fill material and loading of aggregate products on a 24
hour basis, seven days per week. This is needed to be able to service specific projects that
are required to be constructed on a night and weekend basis. No aggregate crushing or
screening operations changes are requested as part of this Amendment Request.
There is an increased amount of demand to operate on night and weekends to expedite
construction projects, and also reduce traffic wait times and congestion while working in
off peak periods of the day. This is an opportunity to service our customers as they
demand products at these times of the week. By doing so, a benefit to the City of
Lakeville and it's residents is a potential for a reduced period for completion of mining
operations and restoration. This is completely controlled by market conditions and a true
time frame cannot be predicted, only speculated.
Areas of restoration are predominantly along the southern border of the property and
towards the east as shown on the Restoration Plan. This location is protected from the
surrounding properties and mitigates the potential for noise disturbances as it is most
shielded from the outside areas. The Expanded Restoration Area, as indicated on the
attached Restoration Plan, is where any import material operations would take place after
hours. This area is protected with foliage, existing stockpiles of material and the existing
berm area that surrounds the south and east property boundaries. The west side of the
area is buffered with the natural gas pipeline. With this type of topography surrounding
the "work" area, we will have the best protection and noise control possible. In addition
to the natural buffers and as we do so under the current Permit, quiet or "swoosh" back-
up alarms or flashing light alarms will be used on all of our equipment. Trucks entering
and exiting the site will be directed to the fill area and/or loading area in a manner to
restrict/reduce backing up so as not to engage their required back up alarms. This has
been done very effectively on our other sites during night operations. If straight dump
trucks are being used, tailgate banging will be strictly prohibited and enforced. Again,
this has been highly successful on our other sites. The haul roads will be maintained in
order to give the trucks a smooth surface to travel on, thus reducing or eliminating the
sound of trucks "bouncing down the road". Any truck engine (Jake) braking will be
prohibited and strictly enforced during after hour operations. Posted speed limits within
the property are below the speeds for engine brakes to be operational. In addition all
drivers will be notified of the prohibited use of engine brakes, which includes their use on
public streets, during after hour project time frames.
Loading of aggregate material will be accomplished by positioning the loader and trucks
in the most advantageous location behind the stockpile so to help eliminate any unwanted
noise from leaving the site. In this manner the stockpile acts as the buffer. This also has
been used successfully on other sites. On occasion, temporary lights may be used as
needed for safety purposes. If used, they would be directed as to not be a nuisance to any
area residents. For example, the lights may be placed and directed behind stockpiles,
berms and/or behind the existing pipeline location. Electric power is available on site
both with generator power and "line power" from Dakota Electric. If generators are used
they will be positioned in a manner to reduce engine noise disturbances. Also, the
generators will be in enclosures to insulate as much engine noise as possible.
A 24 hour telephone will be available during off peak operations. The telephone number
to contact is: 612-221-0428. This number will reach a person on site whom has the ability
to react to the callers concerns and/or a compliment. If there is a concern it will be
immediately addressed to help remedy the concern. If a compliment, it will be passed
onto the appropriate personnel.
It is very unlikely that "off peak" project construction operations would run all year long.
Short periods during the Minnesota construction season are more the norm. It is difficult
to predict as all projects vary, so the Amendment Request is for the opportunity to
operate all year. Understanding that we would operate under these conditions for possibly
a total of sixty to ninety days per year but do not want to be limited to a set count of days.
For example, the first project we have an opportunity to contract has a need for night time
loading of aggregate and would take approximately twenty days.
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