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HomeMy WebLinkAboutItem 07March 4, 2011 Item No. MIDWEST ASPHALT COMPANY INTERIM USE PERMIT MARCH 7, 2011 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve an interim use permit and Site Improvement Performance Agreement for Midwest Asphalt Company and adopt the findings of fact as presented. Adoption of this motion will allow aggregate mining and excavation on the property until 2021. Overview Midwest Asphalt Corporation has submitted an application for an Interim Use Permit (IUP) to allow the mining of sand and gravel on property located at the northeast quadrant of Kenrick Avenue and 195 Street. The property is owned by Ashbury, LP and is 62.9 acres in area. Clean engineered fill will bring the east side of the property to a finished grade to allow for future sanitary sewer and residential development as guided in the Comprehensive Plan. The area proposed for mining is approximately 15 acres on the west side of the property and a smaller area in the southeast corner of the property. The property has been operated as a sand and gravel mine off and on since 1965 and has been operated by the current owner since 1968. The Planning Commission held a public hearing on the interim use permit at their February 3, 2011 meeting and unanimously recommended approval subject to the 23 stipulations listed in the January 28, 2011 planning report, as amended. There was public comment from four property owners. Stipulations 9 and 17 have been addressed with the submittal of the materials noted and attached to this memorandum. Primary Issues to Consider • Will the mining and excavation activity operate within acceptable noise standards? (See attached staff summary analysis of issues on page 2 of this memo). Supporting Information • Interim Use Permit form • Site Improvement Performance Agreement • Findings of fact • Revised mining plan addressing requirements outlined in the planning and engineering reports • Emails from four neighbors of the mine property • Aerial Photo Map of the concerned neighbors' properties and the mining property • February 3, 2011 Planning Commission meeting minutes • February 2, 2011 Parks, Recreation and Natural Resources Committee meeting minutes • Planning and engineering reports dated January 28, 2011 Frank Dempsey, Assoc to Plan er Financial Impact: $ None Budgeted: Y/N N/A Source: Related Documents (CIP, ERP, etc.): Notes: City Council Memorandum, Continued Midwest Asphalt Corporation Interim Use Permit Page 2of2 Primary Issues to Consider • Will the mining and excavation activity operate within acceptable noise standards? Three property owners testified at the public hearing regarding potential environmental and noise impacts from the proposed mining activity, particularly with the rock crusher and sorter. The area of the rock crushing and sorting will be screened from the single family homes to the north by existing topography north of the existing driveway serving the area to be mined. As mining activity progresses, the difference in elevation between the rock crusher and sorter and the natural berm north of the driveway will increase by approximately 20 feet. Three of the residents that spoke own properties located approximately 1,100 feet and 1,650 feet from the area of the proposed mining activity. Following the public hearing, two of the property owners provided additional comments by email to staff and the Mayor and City Council expressing their concerns. Staff has researched the issue of noise raised in one of the emails as it pertains to the City Code and Zoning Ordinance as well as to State of Minnesota Statute 7030.0040 regarding noise standards. The rules pertain to the amount of noise generated from a regulated source to the receiver, which in this case would be the property boundary of the property owners that have raised the concern. Staff responded to the email received from Mr. Easton confirming staff's discussion with the Minnesota PCA and how the Statute cited in his email pertain to the proposed mining activity. Staff also spoke with a representative of the Minnesota Pollution Control Agency who indicated that existing noise generated by Interstate 35 is monitored and regulated by the Minnesota Department of Transportation and is separate from any noise that would be measured from the proposed mining activity. Midwest Asphalt Corporation also submitted a noise study they commissioned for another mining site they operated in another Twin Cities metro area city. The study indicates that the mining activity and rock crushing operation did not adversely affect nor exceed the statute noise limitations on a property 1,200 feet from the mining operation. In fact, the rock crushing operation increased the noise at the residential property by less than two decibels. Title 4 -1 -4 -2 of the City Code restricts construction equipment noise activity between the hours of 7:00 AM and 10:00 PM however subparagraph B exempts mining activities. To reduce impacts to adjacent residential properties, stipulation 12 of the interim use permit restricts operating hours to 7:00 a.m. to 7:00 p.m., Monday through Saturday. In addition, rock crushing is not permitted on Saturdays. 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA INTERIM USE PERMIT NO. 11- 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 195 Street. 2. Property. 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, Tying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east — 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 195 Street West. Except the 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: 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. 1 b) The boundaries of the excavation and mining area shall be limited to the area identified in the approved plans. Orange snow -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 195 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) j) 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. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 2 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. I) 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) q) 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 shall be tended as necessary until it is self - sustained. Earthen screening berms along Kenrick Avenue and 195 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 195 Street to maximize visual screening during the operation of the mine. Earthen berms shall not be located within 50 feet of 195 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. t) 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 of the terms of the permit. 5. Criminal Penalty. Violation of the terms of this interim use permit is a criminal misdemeanor. The following instrument was acknowledged before me this 7 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. DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 4 Date: CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk Notary Public (reserved for recording information) SITE IMPROVEMENT PERFORMANCE AGREEMENT MIDWEST ASPHALT CORPORATION AGREEMENT dated , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), MIDWEST ASPHALT CORPORATION, a Minnesota corporation ( "Midwest "). 1. BACKGROUND. A. Midwest has submitted an application for an interim use permit to allow the mining and excavation of aggregate material on property located at the northeast quadrant of Kenrick Avenue and 195 Street; which property is owned by Ashbury LP, a Minnesota limited partnership, and is legally described on the attached Exhibit "A" (hereinafter referred to as "Subject Property "). B. The Subject Property has operated as a sand and gravel mine intermittently since 1965 and was operated by the current owner since 1968. Midwest was previously operating on the Subject Property under a conditional use permit approved by the City in 1993 which was discontinued in 2002. The sand and gravel mining operation is currently inactive and the Subject Property has not been restored to the rehabilitation grades approved with the conditional use permit in 1993. 156189v05 1 LKVL:MIDwEST ASPHALT CORP. IUP SRN:r02 /23/2011 (Mining, Excavation & Rehabilitation) C. The mining proposed by Midwest includes the removal of aggregate materials within approximately 15 acres on the west side and 1.5 acres in the southeast corner of the Subject Property. The existing mine on the east side of the Subject Property will require approximately 369,000 cubic yards of fill to bring the east side of the Subject Property to a finished grade to allow for future sanitary sewer and residential development as guided in the Comprehensive Plan and to complete the approved rehabilitation plan. The area that Midwest proposes to mine is the last remaining area of the Lake Marion pit that has gravel resources. The mining and excavation plans submitted with the interim use permit application outline the proposed mining area and rehabilitation in detail. D. CenterPoint Energy operates a high - pressure natural gas transmission line at a maximum pressure of 650 psi running north -south through the Subject Property. This transmission pipeline was installed in 1939 to bring natural gas to the southern Twin Cities metro area. There is a 66 foot wide CenterPoint Energy easement on the Subject Property which restricts any activity within the easement area. CenterPoint Energy has been informed of the requested interim use permit and has communicated comments to City staff and Midwest. CenterPoint Energy comments include requirements for operations around the pipeline, including the right to remove trees within the easement. Any tree removal within the CenterPoint easement shall include erosion control measures, slope stabilization and ground cover restoration to prevent soil erosion into Lake Marion. 2. CONDITIONS OF APPROVAL. Approval of the requested interim use permit is conditioned upon Midwest entering into and abiding by this Site Improvement Performance Agreement (referred to herein as "Agreement" or "SIPA "), furnishing the security required by it, and complying with applicable ordinances, statutes and regulations. 3. PLANS. The Subject Property shall be developed /improved in accordance with the interim use permit, the SIPA and the following plans. The plans shall not be attached to this Agreement. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: 156189v05 2 LKVL:MIDwEST ASPHALT CORP. IUP SRN:r02 /23/2011 (Mining, Excavation & Rehabilitation) Plan A — Mining, Excavation and Site Rehabilitation Plan Plan B — Stormwater Design Plan Plan C — Sanitary Sewer Alignment Option Plan 4. OTHER SPECIAL CONDITIONS. Approval of the SIPA is subject to the following conditions: A. The conditional use permit approved for the Subject Property in 1993 shall terminate upon City Council approval of the interim use permit. B. The operator shall comply with the conditions of the interim use permit. C. The plans are implemented according to the recommendations outlined in the City Engineering memorandum dated January 28, 2011. D. Mining and rehabilitation including extraction and grading, proposed drainage, erosion and sedimentation control, and finished grades shall occur consistent with the approved Mining, Excavation and Site Rehabilitation Plan. E. To achieve and maintain a continual earth balance of the entire property, Midwest shall not mine more than 244,000 cubic yards of aggregate materials 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. F. This SIPA and annual mining permits must be submitted by Midwest along with security as required by Title 7, Chapter 4 of the Lakeville City Code and Section 11-5-13 of the City Zoning Ordinance. A cash security or bond must be submitted in favor of the City of Lakeville in the sum of $1,500.00 per acre of unrehabilitated property plus 850 per cubic yard of fill material multiplied by 314,000 cubic yards ($266,900) to guarantee that the land is rehabilitated for future development according to the 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 to ensure a soil balance to allow for site rehabilitation. Upon receipt of proof satisfactory to the City that rehabilitation work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by Midwest's engineer shall be retained as security until all rehabilitation work has been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, and the rehabilitation work is accepted by the City Council. G. 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 shall be tended as necessary until it is self- sustained. H. 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. 156189v05 3 LKVL:MIDWEST ASPHALT CORP. IUP SRN:r02/23/2011 (Mining, Excavation & Rehabilitation) 5. LICENSE. Midwest hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with the interim use permit. 6. RESPONSIBILITY FOR COSTS. A. Midwest shall pay all costs incurred by it or the City in conjunction with the development/improvement of the site, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval of the interim use permit, the preparation of this Agreement, review of any other plans and documents. B. Midwest shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site approval and development/improvement. Midwest shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. Midwest shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. D. Midwest shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8 %) per year. 7. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the this Agreement. To be binding, amendments or waivers shall be in writing, signed by the provisions of 156189v05 4 LKVL:MIDwssT ASPHALT CORP. IUP SRN:r02 /23/2011 (Mining, Excavation & Rehabilitation) parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land and may be recorded against the title to the Subject Property. Midwest covenants with the City, its successors and assigns, that Midwest has fee title to the Subject Property and /or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property; and that Midwest will indemnify and hold the City harmless for any breach of the foregoing covenants. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. F. Breach of the terms of this Agreement by Midwest, including nonpayment of billings from the City, shall be grounds for denial of building permits and certificates of occupancy, halting of all work on the property, and rescinding the interim use permit. G. Midwest represents to the City that the site development/improvement complies with all City, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the development/improvement does not comply, the City may, at its option, refuse to allow further mining or development/improvement work on the site until Midwest does comply. Upon the City's demand, Midwest shall cease work until there is compliance. 8. MIDWEST'S DEFAULT. In the event of default by Midwest as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and Midwest shall promptly reimburse the City for any expense incurred by the City, provided Midwest, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in 156189v05 SRN:r02/23/2011 5 LKVL:MIDWEST ASPHALT CORP. IUP (Mining, Excavation & Rehabilitation) advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. NOTICES. Required notices to Midwest shall be in writing, and shall be either hand delivered to Midwest, its employees or agents, or mailed to Midwest by certified mail at the following address: 5929 Baker Road, #420, P.O. Box 5477, Hopkins, Minnesota 55345. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. (SEAL) CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by Mark Bellows and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 156189v05 6 LKVL:MIDWEST ASPHALT CORP. IUP SRN:r02/23/2011 (Mining, Excavation & Rehabilitation) STATE OF MINNESOTA COUNTY OF ( ss. DRAFTED BY: CAMPBELL, KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn SRN:r02/23/2011 MIDWEST ASPHALT CORPORATION BY: It Blair B. Bury, President The oregoing instrument was acknowledged blfore me this day of CG 2011, by the of Midwest Asphalt Corporation, a Minnesota corporation, on behalf of the corporation. O ARY PUBLIC BARBARA M KING ( NOTARY PUBLIC - MINNESOTA k �r MY Commission Expires Jan. 31, 2015 156189v05 7 LKVL:MIDwEsT ASPHALT CORP. IUP (Mining, Excavation & Rehabilitation) EXHIBIT "A" TO SITE IMPROVEMENT PERFORMANCE AGREEMENT LEGAL DESCRIPTION OF SUBJECT PROPERTY That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east — 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 195 Street West. EXCEPT the 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: 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. (ABSTRACT PROPERTY) 156189v05 8 LKVL:MIDWEST ASPHALT CORP. IUP SRN:r02/23/2011 (Mining, Excavation & Rehabilitation) STATE OF MINNESOTA COUNTY OF Atvr i- :,y-, FEE OWNER CONSENT TO SITE IMPROVEMENT PERFORMANCE AGREEMENT ASHBURY L.P., a Minnesota limited partnership, fee owner of all or part of the Subject Property, the development of which is governed by the foregoing Site Improvement Performance Agreement ( "the Agreement "), hereby consents to the entry into the Agreement by Midwest Asphalt Corporation, and the License to the City to enter the Subject Property. This Fee Owner Consent is given with the understanding that the undersigned shall not be responsible for performance of any of the work to be performed by Midwest Asphalt Corporation, and shall not have responsibility for any costs incurred by the City in conjunction with the development/improvement of the site under the terms of the Agreement. Dated this / day of ASHBURY L.P. By: , 2011. Notary Public , a Gen The foregoing instrument was acknowledged before me this 1 day of 0 I-\ , 2011, by c 6 , -i , a General Partner of Ashbury L.P., a Minnesota limited partnership, on behalf of the partnership. BARBARA M KING NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2015 121276844v3 0884627 41399 WESTERN BANK, a Minnesota Banking Corporation, which has a financial interest in the Subject Property, the development of which is governed by the foregoing Agreement, pursuant to that certain Negative Pledge Agreement with Ashbury LP dated August 20, 2008, recorded September 8, 2008 as Document No. 2612004, consents to the recording of the foregoing Agreement against the Subject Property described in the foregoing Agreement. Dated this 24 day of February, 2011 STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) Drafted by: Otten & Assoc. BANK CONSENT TO SITE IMPROVEMENT PERFORMANCE AGREEMENT The foregoing instrument was acknowledged before me this 24 day of February, 2011, by James D. LaBreche, Vice President, estern Bank. NOTARY PUBLIC BRENT ERNEST WINCH Notary Public- Minnesota My Commission Expires Jan 31, 2015 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MIDWEST ASPHALT CORPORATION INTERIM USE PERMIT On February 3, 2011 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider an Interim Use Permit to allow mining and excavation on property located in the northeast quadrant of Kenrick Avenue and 195 Street (PID 22- 02400 - 011 -27). The Planning Commission conducted a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is zoned RM -2, Medium Density Residential District and RS -3, Single Family Residential District. 2. The property is located in Comprehensive Planning District No. 4, which guides the property for medium to high density and low density land uses when City sanitary sewer is available sometime after 2015. 3. The legal description of the property is: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east — 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 195 Street West. Except the following described property: That part of Government Lot 7 of Section 24, Township 114, Range 21, Dakota County, Minnesota Tying 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: 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. 1 4. Section 11 -5 -3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed excavation and mining is considered an allowed interim use of the property. The Comprehensive Plan allows the extraction of sand and gravel resources in MUSA Expansion Area B. b) The proposed use will be compatible with future land uses of the area. The proposed excavation and mining plan and reclamation plan have been developed to incorporate future /ow density single family residential and medium density residential uses consistent with the Comprehensive P /an. The nearest residential development is located approximately 1,000 feet to the north across Lake Marion. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed excavation and mining p /an conforms with all performance standards contained in the Zoning Ordinance and City Code given compliance with the conditions of the interim use permit. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. No public sanitary sewer or water is proposed with the proposed excavation and mining permit. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The traffic which will be generated by the proposed mining and excavation is within the capabilities of Kenrick Avenue which serves the property. Kenrick Avenue is classified as an A -Minor Reliever in the Comprehensive Transportation Plan. 5. The planning report dated January 28, 2011 prepared by the Frank Dempsey, Associate Planner is incorporated herein. 2 DATED: March 7, 2011 3 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk [ • 0 71 O O . 1 / / L _ ..1 . =ir ti \ I\ --L .ZI !y g Z Z -aOOL . I r: — 1000. – 998, 86 i s I i ) 1 I I\ \ \II \ tea V- =_.-- _ — = =_--- — - -_ �� — — — `� _ _ — � — '86 -98 � 48 f ia\ -- / ���p��.`�,�[ �'[I\ SS GHL-0F YRT -- agv --1 :– — — Z_--___-- !— — = _ d -Q." IC��__ X43 V° V-7- - erar -O �UN . _% em u _ = -- -. -- * �. (7±.1'1.q -- +r�� �, ` :■ Try - - - INTERSTATE SHORE LINE LAKE MARION -- 0 m z ; 5 acr r r D E m m z a y W N m y w -4 • m u . 88 6 0 8 = 0 5 5 m 5 N x 2 a m v_ m z m 0 8 9 3 8 a g Mining, Excavation & Restoration Plan (November 2010) LAKE MARION PROPERTY LAKEVILLE, MINNESOTA MIDWEST ASPHALT CORPORATION 1 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 -6000 • 0 71 O O . 1 / / L _ ..1 . =ir ti \ I\ --L .ZI !y g Z Z -aOOL . I r: — 1000. – 998, 86 i s I i ) 1 I I\ \ \II \ tea V- =_.-- _ — = =_--- — - -_ �� — — — `� _ _ — � — '86 -98 � 48 f ia\ -- / ���p��.`�,�[ �'[I\ SS GHL-0F YRT -- agv --1 :– — — Z_--___-- !— — = _ d -Q." IC��__ X43 V° V-7- - erar -O �UN . _% em u _ = -- -. -- * �. (7±.1'1.q -- +r�� �, ` :■ Try - - - INTERSTATE SHORE LINE LAKE MARION -- 0 m z ; 5 acr r r D E m m z a y W N m y w -4 • m u . 88 6 0 8 = 0 5 5 m 5 N x 2 a m v_ m z m 0 8 9 3 8 a g Mining, Excavation & Restoration Plan (November 2010) LAKE MARION PROPERTY LAKEVILLE, MINNESOTA MIDWEST ASPHALT CORPORATION 1 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 -6000 Dempsey, Frank From: Lrganse @aol.com Sent: Wednesday, February 02, 2011 11:32 AM To: Dempsey, Frank Cc: cgm10 @yahoo.com Subject: Midwest Asphalt Company Use Permit Dear Mr. Dempsey, The wife and I are away from Lakeville this week but wanted to get our thoughts included in the hearing process for Midwest Asphalt's application for a use permit. We are not opposed to the issuance of this permit nor to the likely follow on development that is contemplated. We are, however, much concerned that appropriate conditions are attached to any such approval. Specifically, we feel that runoff water must be properly accounted for and handled. While the lake has been low the past few years, we know from experience that the drain has been unable to handle even the present runoff in very wet years causing flooding at both the Northwest and Northeast corners of the lake. It may be that an enlarged or even a second drain will be required. Our second issue is that the trees along the north edge of the property be maintained and that adequate space is available to extend the trail around the lake over to Kenrick Ave. Thank you for your attention to this matter. Sincerely, /s/ Mr. & Mrs. L. R. Ganse 19131 Orchard Trail 3/1/2011 Page 1 of 1 Original Message From: Web Inquiry [ mailto :webinfo @ci.lakeville.mn.us] Sent: Thursday, February 03, 2011 8:16 PM To: WEB Administrationlnfo Email Subject: Administration Web Inquiry The following person has submitted a comment. Name: Rebecca Sterner Email: r @rebeccasterner.com Comment: I urge the city council to reject the planning commission's recommendation to allow gravel mining at the corner of 195th Street and Kenrick Avenue. This area is adjacent to parks and Lake Marion. Bald eagles regularly perch on the powerline poles which is right next to the access road. The company has not adequately addressed the noise issue -- saying "noise studies are expensive." No environmental studies have been done. The plan interferes with the Lakeville Parks trail plan. Please do not approve this request. Dempsey, Frank From: Lrganse @aol.com Sent: Wednesday, February 02, 2011 11:32 AM To: Dempsey, Frank Cc: cgm10@yahoo.com Subject: Midwest Asphalt Company Use Permit Dear Mr. Dempsey, The wife and I are away from Lakeville this week but wanted to get our thoughts included in the hearing process for Midwest Asphalt's application for a use permit. We are not opposed to the issuance of this permit nor to the likely follow on development that is contemplated. We are, however, much concerned that appropriate conditions are attached to any such approval. Specifically, we feel that runoff water must be properly accounted for and handled. While the lake has been low the past few years, we know from experience that the drain has been unable to handle even the present runoff in very wet years causing flooding at both the Northwest and Northeast corners of the lake. It may be that an enlarged or even a second drain will be required. Our second issue is that the trees along the north edge of the property be maintained and that adequate space is available to extend the trail around the lake over to Kenrick Ave. Thank you for your attention to this matter. Sincerely, /s/ Mr. & Mrs. L. R. Ganse 19131 Orchard Trail 3/2/2011 Page 1 of 1 Original Message From: Web Inquiry [ mailto :webinfo @ci.lakeville.mn.us] Sent: Thursday, February 03, 2011 8:16 PM To: WEB Administrationlnfo Email Subject: Administration Web Inquiry The following person has submitted a comment. Name: Rebecca Sterner Email: r @rebeccasterner.com Comment: I urge the city council to reject the planning commission's recommendation to allow gravel mining at the corner of 195th Street and Kenrick Avenue. This area is adjacent to parks and Lake Marion. Bald eagles regularly perch on the powerline poles which is right next to the access road. The company has not adequately addressed the noise issue -- saying "noise studies are expensive." No environmental studies have been done. The plan interferes with the Lakeville Parks trail plan. Please do not approve this request. City Council Member I have concerns regarding the granting of a conditional use mining permit to Midwest Asphalt to mine the Bury property located northeast of the intersection of 195th St and Kenrick Ave. I live at 18924 Katrine Court in Lakeville. My property is approximately 1500 feet north of the property described above. According to Blaire Bury, president of Midwest Asphalt, the noise produced from the mining operations is estimated to be in the range of 50- 60dB(A) at our distance from the operation. Thus the mining project has the potential to increase noise levels at our home above the standards specified by the MPCA. Per MN Administrative Rules 7030.0030 No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use. Our property is located in a NAC 1 area per rule 7030.0040. The Noise Standards in that section state that L50 levels be 60dB(A) or less at our house during daytime hours, meaning that noise levels from all land use must not measure 60dB(A) or more during sampling periods. Mr. Blaire has, in conversation and in Planning Commission meetings, indicated noise levels might be nearing 60dB(A). This, in itself, should indicate that the city should consider whether the mining operations will result in a violation of the MPCA. But to complicate matters, our property is already quite noisy due to proximity to Highway 35. While the mining operations may indeed fall withing MPCA noise standards, when combined with existing noise levels, I believe that the is a substantial likelihood that MPCA levels will be exceeded. Now I know that the city Planning Commission is forwarding a recommendation to you to grant the conditional use permit to Midwest Asphalt with numerous stipulations. And I don't believe it contains any stipulations concerning noise levels. I expressed my concerns at their February 3., 2011 meeting during public comments. A neighbor of mine showed up and concurred with me. Our concerns were discussed among the commission members but no action was taken amend the stipulations in the commission's recommendation. Admittedly, since the commission was expecting to approve a recommendation at this meeting, it was unlikely any significant revisions were going to be made in response to public comments. Therefore I would like to discuss these concerns with you directly prior to the February 22- City Council vote on whether to grant this permit. Please let me know what might be a good time to meet in person or over the phone. Thank you, Evan Easton 18924 Katrine Ct Lakeville, MN 55044 952- 913 -0129 Subject: Re: Concerns about Midwest Asphalt conditional use permit Date: 2/8/11 12:43:53 PM From: "Evan Easton" To: "Mark Bellows" Mayor Bellows, Have you had time to consider my email. I'd still like to discuss the issue with you. Thanks, Evan Easton On 2/4/11 9:03 AM, Evan Easton wrote: Mayor Bellows, I have concerns regarding the granting of a conditional use mining permit to Midwest Asphalt to mine the Bury property located northeast of the intersection of 195 th St and Kenrick Ave. I live at 18924 Katrine Court in Lakeville. My property is approximately 1500 feet north of the property described above. According to Blaire Bury, president of Midwest Asphalt, the noise produced from the mining operations is estimated to be in the range of 50- 60dB(A) at our distance from the operation. Thus the mining project has the potential to increase noise levels at our home above the standards specified by the MPCA. Per MN Administrative Rules 7030.0030 No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use. Our property is located in a NAC 1 area per rule 7030.0040. The Noise Standards in that section state that L50 levels be 60dB(A) or less at our house during daytime hours, meaning that noise levels from all land use must not measure 60dB(A) or more during sampling periods. Mr. Blaire has, in conversation and in Planning Commission meetings, indicated noise levels might be nearing 60dB(A). This, in itself, should indicate that the city should consider whether the mining operations will result in a violation of the MPCA. But to complicate matters, our property is already quite noisy due to proximity to Highway 35. While the mining operations may indeed fall withing MPCA noise standards, when combined with existing noise levels, I believe that the is a substantial likelihood that MPCA levels will be exceeded. Now I know that the city Planning Commission is forwarding a recommendation to you to grant the conditional use permit to Midwest Asphalt with numerous stipulations. And I don't believe it contains any stipulations concerning noise levels. I expressed my concerns at their February 3 rd , 2011 meeting during public comments. A neighbor of mine showed up and concurred with me. Our concerns were discussed among the commission members but no action was taken amend the stipulations in the commission's recommendation. Admittedly, since the commission was expecting to approve a recommendation at this meeting, it was unlikely any significant revisions were going to be made in response to public comments. Therefore I would like to discuss these concerns with you directly prior to the February 22 nd City Council vote on whether to grant this permit. Please let me know what might be a good time to meet in person or over the phone. Thank you, Evan Easton 18924 Katrine Ct Lakeville, MN 55044 952 -913 -0129 Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 874 feet Page 1 of 1 http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota County, MN10101t... 3/2/2011 The February 3, 2011 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Secretary Adler Commissioner Drotning Commissioner Maguire Commissioner Blee Absent: Commissioner Grenz Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The January 20, 2011 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: CITY OF LAKEVILLE Planning Commission Meeting Minutes FEBRUARY 3, 2011 Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Exhibit K, Midwest Asphalt Neighborhood meeting notes, for Agenda Item 5. This was also e- mailed to the Planning Commission members. 2. E -mail from a Lakeville resident regarding the Midwest Asphalt IUP. 3. Draft minutes from the February 2, 2011 Parks, Recreation and Natural Resources Committee meeting regarding the Midwest Asphalt IUP. Mr. Morey reminded the Planning Commission that there is a work session immediately following tonight's meeting. ITEM 5. MIDWEST ASPHALT CORPORATION Chair Davis opened the public hearing to consider the application of Midwest Asphalt Corporation for an Interim Use Permit to allow mining and excavation on property located in Municipal Urban Service Area (MUSA) Expansion 'Area B, located at the northeast corner of Kenrick Avenue and 195th Street. The Recording Planning Commission Meeting February 3, 2011 Page 2 Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Blair Bury, President of Midwest Asphalt Corporation presented an overview of their request. Mr. Bury indicated that they will follow MPCA rules. He stated that since they will be adjacent to I -35, he does not anticipate any increase in existing noise levels due to the mining operation and they will be well within MPCA noise requirements. Mr. Bury feels there will be room for a bike path along the bluff area and it won't be an issue when the time comes to construct the trail. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey clarified that Midwest Asphalt Corporation is the applicant, and Ashbury, LLP is the owner of the property. He commented that at their February 2, 2011 meeting, Parks, Recreation and Natural Resources members commented about the proposed trail system along the bluff and staff agreed that they would like the area adjacent to the bluff in the southeast corner of the property maintained until funding for the construction of the trail is obtained. Mr. Dempsey clarified Stipulation 12 in the January 28, 2011 planning report and amended it to read: 12. Extraction, crushing and hauling Operations shall be performed between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Rock crushing shall not occur on Saturdays. Mr. Dempsey stated that should the Planning Commission recommend approval of an Interim Use Permit for Midwest Asphalt Corporation, Planning Department staff recommends the 23 stipulations listed in the January 28, 2011 planning report, as amended, and adoption of the Findings of Fact dated February 3, 2011. Chair Davis opened the hearing to the public for comment. Rebecca Sterner, 11560195th Street Ms. Sterner lives south of 195th Street and indicated that she would have liked to have received notification of the public hearing. She asked for an explanation of the public hearing process. Ms. Sterner stated that she is opposed to this project due to wildlife, noise, and dust impacts. Craig Manson, 19839 Jersey Avenue (President of the Lake Marion Homeozaners Association) Mr. Manson expressed concerns about water quality, stormwater run -off, future boat traffic, and maintaining the existing bluff. He supports the City's trail system plan and indicated support for the completion of the trail connection in his lifetime. Planning Commission Meeting February 3, 2011 Page 3 Evan Easton, 18924 Katrine Court Mr. Easton agrees that the noise levels from the freeway are high and he feels that inclusion of noise from the mining operation will exceed MPCA requirements. He asked if a noise level study could be done prior to the start of the mining operation. John Osborne, 18932 Katrine Court Mr. Osborne's letter to Mr. Dempsey was included in the Planning Commission packet. He also feels the noise levels will exceed the MPCA rules and would like a noise study done. 11.04 Motion was made and seconded to close the public hearing at 6:33 p.m. Ayes: Maguire, Lillehei, Davis, Adler, Blee, Drotning. Nays: 0 Mr. Dempsey indicated that the Zoning Ordinance requires written notification be sent to property owners within 500 feet of the subject property. He stated that the Midwest Asphalt public hearing notice was also sent to property owners located more than 500 feet from the subject property on the north side of Lake Marion that are in view of the property as well as to the Lake Marion Homeowners Association. The public hearing notice was also published in the City's official newspaper. In addition and consistent with City policy, a public notice sign was placed along Kenrick Avenue to inform interested parties of a pending land use application for this property. Chair Davis stated that boat traffic issues are beyond the Planning Commission's purview. Mr. Bury responded to the noise level concerns. He stated that the freeway decibels and the mining operations decibels are not cumulative. The freeway noise is greater than the mining noise. He stated that the mine would operate within the MPCA guidelines for noise at the property lines. Mr. Morey indicated that the City has performed decibel tests in the past in response to a noise complaint. He indicated that the maximum allowable decibel levels are different during the day and night. Mr. Morey stated that the freeway is a pre - existing use. The noise level of the mining operation should be considered on its own merits to determine if the mining operation would exceed the allowable noise levels. Chair Davis asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting February 3, 2011 Page 4 • Ground elevation of the crushing area. Mr. Bury indicated that there would not be significant changes to the elevation on the east side of the pipeline except to raise the elevation for rehabilitation. There would not be rock crushing in the bowl area. The crushing would be well below the existing bluff. He stated that mining operations on the west side of the property may be able to be seen from Kenrick Avenue given the elevation of the existing grades. • Safety concerns were discussed regarding truck traffic on the frontage road. Mr. Bury felt that truck traffic on Kenrick Avenue has improved since other mining operations west of the freeway have been discontinued. • The access road off of Kenrick Avenue (frontage road) would stay in that location for as long as possible, but when the grade changes, the road will have to be re- graded as part of the rehabilitation. • Mr. Dempsey explained that the previous conditional use permit for the subject property was approved in 1993. The mining was discontinued in 2002 but the site rehabilitation was not completed. Midwest Asphalt Corp. cannot expand the mining area approved under the 1993 CUP. • Mr. Bury indicated that due to indecision on the property owner's part, along with market changes, the rehabilitation under the 1993 CUP was not completed. He stated that Midwest Asphalt needed to determine what the future land use for this property would be when the mining is complete. • CenterPoint Energy has stated that they will not approve any new equipment crossings over their pipeline. In order to bring material from one side of the pipeline to the other to balance the site, the trucks will have to use the existing access road. • Commissioner Lillehei expressed concern that the security amount listed in Stipulation #9 of the planning report may not be adequate to ensure completion of the required rehabilitation east of the pipeline. Mr. Dempsey explained how the $1,500/ acre security amount listed in Stipulation #9 was determined. Mr. Morey indicated that the security amount could instead be determined according to a cost estimate to complete the rehabilitation prepared by the project engineer and reviewed by the City Engineer. The security requirement would be included in the site improvement performance agreement, which is similar to a development contract and is approved by the City Council. The second sentence in Stipulation #9 was suggested to be amended as follows: Planning Commission Meeting February 3, 2011 Page 5 9. A S1,500 an acre security A security deposit shall be submitted by the operator for each acre of land remaining to be rehabilitated in an amount to complete the rehabilitation plan. • Commissioner Drotning commented that there will be a lot of activity on the site, which may mean wildlife will be moving until the rehabilitation is completed. • The Planning Commission discussed the trail system plan. The Parks, Recreation and Natural Resources Committee did not make a motion on the Midwest Asphalt IUP at their February 6, 2011 meeting. It was discussed as an informational item at their meeting. Parks and Recreation Director Steve Michaud raised a concern about the proposed mining of an area in the southeast corner of the property adjacent to the existing bluff. He indicated that because the process of acquiring funding for this trail corridor is on- going, he would like mining in this area delayed until the funding process has been completed in order to enhance the City's trail corridor location options in this area. The Planning Commission agreed that the proposed mining in this area does not preclude the future construction of the trail corridor and that a stipulation should not be added due to the lack of a specific timetable for obtaining the necessary funding. • Vehicle traffic noise along with truck engine breaking noise was discussed. Mr. Morey stated that excessive engine breaking would need to be managed by the operator and potentially enforced by the police department. He indicated that residents should first contact the mining operator if they have a problem with truck engine breaking noise. • The monitoring of the mining operation was discussed. Mr. Dempsey stated that if the Interim Use Permit is approved by the City Council, Midwest Asphalt must obtain an annual mining permit as required by City Code prior to commencing the mining operation. He indicated that the annual mining permit must be approved by the City and a report must be submitted by the mining operator identifying the amount of fill and restoration that was completed the previous year as well as what is expected to be completed within the next year. The annual mining permit and the report submitted by the operator for mining and rehabilitation is used by the City to monitor the on -going mining operation. 11.05 Motion was made and seconded to recommend to City Council approval of the Midwest Asphalt Corporation Interim Use Permit to allow mining and excavation on property Iocated in MUSA Expansion Area B, located at the northeast corner of Kenrick Avenue and 195th Street, subject to the following 23 stipulations, as amended, and adoption of the Findings of Fact dated February 3, 2011: Planning Commission Meeting February 3, 2011 Page 6 1. The conditional Use Permit approved for this property in 1993 shall terminate upon City Council approval of this Interim Use Permit. 2. The boundaries of the excavation and mining area shall be limited to the area identified in the approved plans. Orange snow -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. 3. 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. 4. Perimeter side slopes may be mined to a maximum slope of 15:1 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. 5. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 6. 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. 7. 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. 8. The plans are implemented according to the recommendations outlined in the Engineering memorandum dated January 28, 2011. 9. 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 to meet the 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. 10. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 11. 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. Planning Commission Meeting February 3, 2011 Page 7 12. Operations shall be performed between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Rock crushing shall not occur on Saturdays. 13. 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. 14. Asphalt or concrete production is not permitted on the property unless approved by an amendment to the interim use permit. 15. 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. 16. 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 shall be tended as necessary until it is self - sustained. 17. 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. 18. With the exception of Kenrick Avenue, truck haul routes are not permitted on City owned streets unless approved by the City. 19. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 20. 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. 21. Excavation is prohibited below an elevation of 1004 (sea level) except for the construction of the settling ponds. 22. 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. 23. 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. Ayes: Lillehei, Davis, Adler, Blee, Drotning, Maguire. Nays: 0 There being no further business, the meeting was adjourned at 7:21 p.m. The Planning Commission went immediately into a work session. Respectfully submitted, ATTEST: / Penny Brevig, Recording Secziry 2/03/11 Bart 15avis,IChair 2/03/11 Planning Commission Meeting February 3, 2011 Page 8 CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for February 2, 2011 ITEM 1 Call to order Meeting was called to order at 6:00 p.m. ITEM 2 Roll call of members Present: Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Jerry Zell Absent: Bob Boerschel, Tom Goodwin Staff Present: Parks & Recreation Director Steve Michaud, Environmental Resources Manager Mac Cafferty, Recording Secretary Patty Ruedy ITEM 3 Approval of the January 19, 2011 meeting minutes The Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented. ITEM 4 Citizen comments There were 7 citizens present. Jim Reitter, 20690 Jutland Place: Mr. Reitter spoke regarding conservation easements and his concern with the request from Malt -o -Meal to modify the conservation easement on their property. ITEM 5 Staff report Staff informed committee members of the new component of the MN Ironman Bike event. The Gran Fondo is an (optional) timed cycling event (not a race). Organizers believe this will give riders the opportunity to add excitement to their ride. Parks staff and Police are working with organizers for the eleventh year, ensuring the safety of riders and addressing traffic issues. ITEM 6 Midwest Asphalt IUP Midwest Asphalt Corporation has submitted an application for an interim use permit to allow mining on the property located at NE quadrant of Kenrick Ave. and 195 Street. This property has been known as the Bury property, which is located directly north of Casperson Park and portions of are designated as a county regional trail corridor along the top of the 3,500' of shoreline bluffs. Mr. Bury has submitted all the necessary documentation to commence mining of approximately 15 acres adjacent Kenrick Ave. on the west side of the property. The application will also include grading, mining and filling of the existing excavated pit east of the proposed 15 acres. As part of the submittal, Mr. Bury has submitted proposed grading plans and a proposed future residential plat. Staff shared details of funding available for the construction of a trail through this property along the bluff. Staff has concerns about the amount of land reserved for the future trail. Blair Bury, President of Midwest Asphalt shared his plans with the group, including the proposal for excavation of material located in the southeast corner of the property. Staff asked if materials from the southeast portion of the site were to be used to fill the existing pit area or will the materials be moved off site. Mr. Bury answered that materials from the east side of the property may be used off - site in addition to filling the existing over -mined area located in the southeast portion of the site. Craig Manson, President of the Lake Marion Homeowners Association is supportive of the trail plan. He asked about the view from the lake. Mr. Bury stated that nothing will be able to be seen from the lake. Manson also had concerns about water quality /runoff and if and when development occurs, increased boat traffic. Mac Cafferty stated that the property has to be permitted through the MPCA and will include the installation of treatment basins and that they do not expect much discharge from Parks, Recreation & Natural Resources Committee Meeting Minutes, February 2, 2011 Page 2 the gravel. Also, Midwest Asphalt will be required to update their pollution prevention plan to reflect existing and proposed plans. ITEM 7 Parks Committee brainstorming session Committee members agreed at the previous meeting to have a brainstorming session. Since two committee members were missing, it was decided that staff will add this item to a future agenda, along with ideas from staff on how exactly revenues could be utilized. Ideas, in turn, could be presented at a future Council work session and policy decisions could be made by Council. Staff stated that the original intent of some of these programs created by the Parks Committee such as the Haunted Forest and Tree Sale was to supplement the parks budget and put them back into programs. Currently all money collected goes into the general fund. Staff added that funding from the Lakeville Lions for fireworks and the puppet wagon will no longer be available. ITEM 8 Unfinished business 1. Staff stated that currently Hosanna fields are still on the schedule at this time, but are subject to change based on construction of the new senior facility. 2. Staff is not in favor of stubbing out trails at Stoneborough Park and has generally not included them in the past. Contract for Stoneborough Park is on Council agenda for February 7. 3. Staff has nothing to report on changes to athletic facilities /groups in regards to school district budget issues. ITEM 9 New business 1. Staff has received a request for a community garden to be placed at Valley Lake Park adjacent to a resident's property. Staff stated that there are issues with accessibility at this site in particular, and in general issues of water, parking and security have to be addressed. 2. Lakeville Soccer Club has inquired about the feasibility of naming something at North Park in honor of a member who recently passed. Staff suggested the possibility of a plaque in the park or in the building, naming a tournament after this member. Zell suggested possibility of naming the trophy. ITEM 10 Announcements Next Parks, Recreation & Natural Resources Committee meeting, February 16, 2011 ITEM 11 Adjourn Meeting adjourned at 6:58 p.m. Reset ubmitted, L ? ed , R�co�in Se Patty RG y g cretary f J Scott Kelly, Chair Memorandum City of Lakeville Planning Department To Planning Commission From:, rank Dempsey, AICP, Associate Planner Copy: Blair Bury, Midwest Asphalt Corporation Date: January 28, 2011 Subject: Packet Material for the February 3, 2011 Planning Commission Meeting Agenda Item: Midwest Asphalt Corporation Interim Use Permit Application Action Deadline: March 19, 2011 INTRODUCTION Midwest Asphalt Corporation has submitted an application for an Interim Use Permit (IUP) to allow the mining and excavation of aggregate material on property located at the northeast quadrant of Kenrick Avenue and 195 Street. The property is owned by Ashbury, LP and is 63 acres in area. Midwest Asphalt Corporation was previously operating under a Conditional Use Permit approved in 1993 which was discontinued in 2002. The property has not been restored to the rehabilitation grades approved with the conditional use permit in 1993. The property has operated as a sand and gravel mine off and on since 1965 and was operated by the current owner since 1968. The proposed mining includes the removal of aggregate material within approximately 15 acres on the west side of the property adjacent to Kenrick Avenue. The existing mine area on the east side of the property will require approximately 369,000 cubic yards of fill to bring the east side of the property to a finished grade to allow for future sanitary sewer and residential development as guided in the Comprehensive Plan. EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Property Survey D. Mining, Excavation and Site Rehabilitation Plan (2 pages) E. Stormwater Design Plan F. Sanitary Sewer Alignment Option Plan G. Conceptual End Use Plan H. Public Trail Schematic Plan I. Narrative By Midwest Asphalt Corporation, dated January 2011 J. Email from John Osborne, 18932 Katrine Court K. December 15, 2010 Neighborhood Meeting Notes BACKGROUND The area that Midwest Asphalt Corporation proposes to mine is the last remaining area of the Lake Marion pit that has gravel resources. This area until recently had small buildings and a driveway that led to a single family home that was occupied until a few years ago while the gravel was being mined. The applicant indicated that the house was demolished, the septic system removed and the well sealed in the late 1990's. 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. CenterPoint Energy operates the high - pressure natural gas transmission line at a maximum pressure of 650 psi running north -south through this property. This transmission pipeline was installed in 1939 to bring natural gas to the southern Twin Cities metro area. The property includes a 66 foot wide CenterPoint Energy Company easement on the property and restricts any activity within the easement. CenterPoint Energy Company has communicated to Midwest Asphalt Corporation their regulations regarding excavations near the gas easement. SURROUNDING LAND USES North — Lake Marion South — 195 Street /Casperson Park /Gopher Outside Storage East — Lake Marion West — Kenrick Avenue and Interstate 35 2 PLANNING ANALYSIS The 2030 Land Use Plan in the Comprehensive Plan guides the east two thirds of the property for low density residential development. The west one -third of the property is guided for medium density residential development. The property is located in Planning District No. 10 of the Comprehensive Plan and is located in the Staged MUSA Expansion Area B (city sewer not before 2015). The existing CenterPoint Energy high - pressure gas main runs from south to north through the property and separates the low and medium density residential land use areas. The Zoning Ordinance allows mining and excavation as an interim use in all zoning districts located outside the current MUSA and MUSA Expansion Area A. Interim use permit applications must conform to the standards listed in Title 7, Chapter 4 of the City Code. The mining and excavation plans submitted with the interim use permit application outline the proposed mining area and rehabilitation in detail. In conjunction with the excavation and mining permit, the plans have addressed the following information required by Title 7, Chapter 4 of the City Code: 1. The name and address of the operator and owner of the land; Operator: Midwest Aspha /t Corporation P.O. Box 5477 Hopkins, MN 55343 Owner: Ashbury, LP 7271 Kurvers Point Road Chanhassen, MN 55317 2. The correct legal description of the property where the activity is proposed to occur; That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east — 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 195 Street West. Except the 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: Beginning at a point on the West and East quarter line of Section 13, Township 114, 3 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. A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described; All 4 property owners within 500 feet of the properly were notified of the public hearing by U.S. Mail on a list provided by Dakota County Abstract Company. The public hearing notice was also published in the Dakota County Tribune. A copy of the public hearing notice was also mailed to 35 Lake Marion property owners to the north and northeast of the subject property. Notice was also sent to the Department of Natural Resources, CenterPoint Energy and the president of the Lake Marion homeowners association. 4. Specifications of the following, using appropriate maps, photographs and surveys; a. The physical relationship of the proposed designated site to the community and existing development; The property is located in Staged MUSA Expansion Area B (not before 2015). Development on the property will not occur until city sanitary sewer is available sometime after 2015. The nearest residential development is located approximately 1,000 feet to the north across Lake Marion. b. Site topography and natural features including location of watercourses and water bodies; Existing site topography and natural features are identified on the property survey (Exhibit C). The proposed mining and excavation plan identifies the natural features on and adjacent to the property (Exhibit D). Lake Marion is located on the north and east side of the property and is a DNR protected lake. Mining and excavation is subject to the requirements of the Shore /and Overlay District of the Zoning Ordinance. There are lake shore bluff areas identified on the property as well as significant trees and shore impact zone areas as defined by the Zoning Ordinance. There will be no mining, grading or tree removal in the bluff impact zone, bluff areas or in the shore impact zone (50 feet from the Ordinary High Water Level (OHWL) of Lake Marion as part of the proposed mining and excavation. There are no wet /ands located on the property. 4 CenterPoint Energy has been informed of the proposed interim use permit and has communicated their comments to staff and Midwest Asphalt Corporation. CenterPoint Energy's comments include requirements for operations around the pipeline and within their 66 foot wide easement, including the right to remove trees within the easement. Any tree removal within the CenterPoint Energy Company 66 foot wide easement shall include erosion control measures, slope stabilization and ground cover restoration to prevent soil erosion into Lake Marion. CenterPoint Energy's pipelines are operated and maintained in accordance with the Code of Federal Regulations, Part 192, Title 49, 'Transportation of Natural and Other Gasses by Pipeline: Minimum Federal Safety Standards. c. The description and quantity of material to be excavated; The mining and site rehabilitation will occur in the areas shown with the red contour lines (cut areas), green contour lines (fill areas) and blue contour lines (2 foot contours) representing final site rehabilitation grades as shown on the mining, excavation and site rehabilitation plan (Exhibit D). The interim use permit narrative submitted by Midwest Asphalt Corporation states that 613,000 cubic yards of sand, gravel and clay material will be removed from the area of the property west of the CenterPoint Energy gas pipeline. It is estimated that 369,000 cubic yards of engineered fill material will be required on the east side of the pipeline to bring the floor of the mine to an elevation for future development of the property for residential uses. 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 amount of imported engineered fill material has been brought into the portion of the property east of the pipeline in order to meet the rehabilitation requirements of the 1993 conditional use permit and to allow for future residential of the site. A sketch site plan has been submitted that illustrates how the site may be developed with gravity flow sanitary sewer when City sanitary sewer is available to the property some time after 2015 as noted in the 2008 Comprehensive Plan. The future sketch site plan submitted by Midwest Asphalt Corporation is conceptual only and will be subject to Zoning Ordinance and Subdivision Ordinance requirements in p /ace at the time development is proposed. Specifics such as number of lots, lot layout, lake access and final grading will be determined at that time. A public hearing will be required for the preliminary plat of the property. 5 The property has not yet been restored to the grades approved with the 1993 condition/ use permit that allowed mining on the property. Since 1993, approximate /y 50,000 cubic yards of fill material have been brought onto the property in an attempt to reach the rehabilitation elevations approved with that mining conditional use permit. The quantity of fill material is based on information provided by Midwest Aspha /t Corporation between 1999 and 2002. This quantity is also identified in the application narrative prepared by Midwest Aspha /t Corporation in January 2011. Midwest Aspha /t Corporation shall complete rehabilitation of the entire property by December 31, 2021 unless an extension of time is permitted with the approval of a revised interim use permit. A cash escrow or bond must be submitted in favor of the City of Lakeville in the sum of $1,500.00 per acre ($75,000) for the approximately 50 acres of the existing and proposed mining areas to guarantee that the land is rehabilitated for future development according to the approved site rehabilitation p /an. d. The depth of water tables throughout the area. The Dakota County Geologic Atlas and soil borings completed in 1993 showed no groundwater to a depth of 990 feet (sea level datum). The Ordinary High Water Level (OHWL) of Lake Marion is 983.1 feet. The maximum excavation depth is proposed to be 1004 feet. 5. The purpose of the operation; The purpose of the proposed excavation and mining permit is to obtain sand and aggregate material. Use of this material is typically used in the construction industry for road and utility base, general fill and asphalt and concrete production. 6. The estimated time required to complete the operation; Midwest Aspha /t Corporation is proposing to complete the mining in the expanded area within a seven to ten year timeframe depending on market demand for the aggregate material. 7. The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water; 6 Material will be excavated from the mine face, crushed into various grades of material and stockpiled. Rock crushing machinery will be located in the mine area on the west side of the pipeline. Washing of the aggregate material is not permitted on the property. All sand and gravel material will be hauled from the site. Demolition concrete and reclaimed asphalt will be recycled on the property and used as MNDOT certified road construction material. There is no proposed aspha /t or concrete production facilities with this operation nor will that activity be permitted without an amendment to the interim use permit. No blasting is proposed with this interim use permit. Any blasting would require an amendment to the interim use permit and confirmed approval by CenterPoint Energy. The hours of operation shall be limited to the hours of 7 :00 AM to 7 :00 PM Monday through Saturday. No rock crushing may occur on Saturdays. Noise generated from the site must be in compliance with the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency rules and regulations. Given the proposed location of the rock crusher, the Midwest Asphalt Corporation mining operation is not expected to create a nuisance provided that the excavation and mining plan is operating under the approved interim use permit. Screening of the active mine area will consist of earth berms along Kenrick Avenue and 195 Street. The berms must be set back a minimum of 50 feet from 195 Street and Kenrick Avenue as required by the City Code. The existing lake shore bluff along Lake Marion will continue to provide a visual screen of the site from the lake. The existing bluff will not be impacted by the mining or site rehabilitation as noted on the mining and operations plans and narrative submitted by Midwest Asphalt Corporation. Earthen screening berms along Kenrick Avenue and 195 Street shall remain in p /ace during the life of the mining operation. Earthen berms a minimum of four feet tall shall be extended along Kenrick Avenue and 195 Street to maximize visual screening during the operation of the mine. 8. Travel routes to and from the site; Midwest Aspha/t Corporation will continue to use the existing paved access onto Kenrick Avenue. Access to Kenrick Avenue will be from 1 -35 between 185 Street (CSAH 60) and 210 Street (CSAH 70). This will continue to be the only access to the gravel mine. With the exception of Kenrick Avenue, truck haul routes are not permitted on City owned streets unless approved by the City. 7 9. The plans for drainage, water erosion control, sedimentation and dust control; The grades of the proposed active mine will allow drainage to move from south to north to a settling pond. An existing sedimentation basin is /ocated on the east side of the property which will remain in use following restoration of the property. Any sedimentation will be controlled within the proposed sedimentation basins to prevent sediments from leaving the property. The sedimentation basins will treat storm water by settling out sediments prior to storm water leaving the site. Prevention of soil erosion will be controlled by establishing vegetation as rehabilitation proceeds. Dust will be controlled as necessary by using water and a pumping truck from the water available in the settling ponds. Any water obtained from a City water hydrant will require a permit from the City. Gravel and dust tracked onto Kenrick Avenue shall be removed by the operator. 10. A rehabilitation plan providing for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate the following: a. The contour of land prior to excavation and after completion of rehabilitation; Plans have been submitted that identify the existing topography, the proposed mining contours and the proposed land rehabilitation contours. The finished contours of the property will be at elevations that will allow the property to develop for low and medium density residential use with gravity flow sanitary sewer as shown on the 2030 Land Use P /an. City sanitary sewer will eventually serve the property from the sanitary sewer now located approximate /y 4,600 feet (9 /10 of a mile) to the south. As development occurs from south to north, sanitary sewer will be extended in the direction of the subject property. b.Those areas of the site to be used for storage of topsoil and overburden; Overburden (material between the topsoil and the sand and gravel deposits) will be stored on site and graded into the proposed berms around the west and south perimeter of the mining area. This material will then be spread over the property as part of the final site rehabilitation. The berms along Kenrick Avenue and 195 Street shall be extended to maximize screening during the life of the mining operation. The berms shall be a minimum of four feet tall. c. A schedule setting forth the timetable for excavation of land Tying within the excavation facility; 8 Midwest Asphalt Corporation anticipates that the mining will occur over a period of seven to ten years. An amendment to the interim use permit will be required to allow continued operations if the mining is not complete and the site not rehabilitated by December 31, 2021. d. A timetable for the rehabilitation of land Tying within the excavation facility shall be submitted to the City well in advance of the completion of excavation activities; Midwest Asphalt Corporation is required to apply for an annual mining and excavation permit at which time staff determines whether the mine is comp lying with the stipulations of the approved interim use permit. The site is also inspected periodically during the year to confirm compliance with the approved permits. Failure to comply with the approved plans may result in the annual permit not being issued whereby the operator cannot continue to operate the mine and related activities until any noted irregularities are addressed. e. The slope of all slopes after rehabilitation, based upon proposed land uses, and description of the type and quantity of plantings where re- vegetation is to be conducted. 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. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. The proposed slopes and base grades will be completed in anticipation of future RS -3, Single Family Residential District development on the east two - thirds of the property and RM -2, Medium Density Residential District development on the west one -third of the property, reflecting the current land use and zoning of the property. The area of the property between the lake shore and the area near the defined bluff has long been considered as a possib /e location of a green way corridor for a future extension of the City's pedestrian and bicyde trail between Casperson Park and Ritter Farm Park on the west side of 1 -35. Midwest Asphalt Corporation has incorporated the City's trail system plan map into the property's rehabilitation grading plan to show how the trail system may look at a future date after the site is restored and funds are acquired for the trail construction. f. The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization. 9 The finished grades will include a minimum of three inches of topsoil as proposed in the rehabilitation plan submitted by Midwest Aspha /t Corporation. Slopes, graded areas and backfil/ areas shall be surfaced with adequate topsoil to secure and ho /d ground cover. Such ground cover shall be tended as necessary until it is self- sustained. The interim use permit application and plans have been forwarded to the Department of Natural Resources (DNR) for review as required by the Zoning Ordinance. The DNR did not respond to the public notice. Consistent with past correspondence from the DNR, staff is recommending that vegetative alteration in the shore impact zone (50 feet from the OHWL) not occur outside the CenterPoint Energy Company easement. Orange snow fence shall be installed to protect the bluff impact and shore impact zones from being breached during excavation and rehabilitation. There is no grading proposed within the shore impact or bluff impact zones as shown on the proposed mining plans. 11. A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. Midwest Asphalt Corporation states in their narrative that complaints wou /d be answered by telephone within one working day. Midwest Asphalt Corporation will be required to submit an annual report with their annual excavation and mining application to show how the operation is in compliance with the approved plan. Site Improvement Performance Agreement and Financial Guarantee. The Zoning Ordinance for interim use permit administration and the City Code require the submittal of a site improvement performance agreement to guarantee the completion of work as allowed by the approved interim use permit. The finance guarantee will be required as surety for the completion of the property rehabilitation as required by the City Code and as outlined in paragraph 4c of the planning report. Assistant City Engineer Zach Johnson and Environmental Resources Coordinator Mac Cafferty have reviewed the proposed plans and have recommended approval. A copy of their memorandum dated January 28, 2011 is attached for your review. The Parks and Recreation and Natural Resources Committee will review the excavation and mining plan at their February 2, 2011 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. 10 An email was received on January 26, 2011 from a resident, John Osborne, on the north shore of Lake Marion approximately 1,000 feet north of the subject property. A copy of the email is attached (Exhibit J). RECOMMENDATION Planning Department staff recommends approval of an Interim Use Permit for Midwest Asphalt Corporation, subject to the following stipulations: 1. The Conditional Use Permit approved for this property in 1993 shall terminate upon City Council approval of this Interim Use Permit. 2. The boundaries of the excavation and mining area shall be limited to the area identified in the approved plans. Orange snow -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. 3. 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. 4. 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 195 Street. 5. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 6. 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. 7. 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. 11 8. The plans are implemented according to the recommendations outlined in the Engineering memorandum dated January 28, 2011. 9. 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 for each acre of land remaining to be rehabilitated 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. 10. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 11. 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. 12. Excavation, crushing and hauling operations shall be performed between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Rock crushing shall not occur on Saturdays. 13. 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. 14. Asphalt or concrete production is not permitted on the property unless approved by an amendment to the interim use permit. 15. 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. 16. 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 shall be tended as necessary until it is self- sustained. 12 17. Earthen screening berms along Kenrick Avenue and 195 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 195 Street to maximize visual screening during the operation of the mine. Earthen berms shall not be located within 50 feet of 195 Street and Kenrick Avenue. 18. With the exception of Kenrick Avenue, truck haul routes are not permitted on City owned streets unless approved by the City. 19. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 20. 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. 21. Excavation is prohibited below an elevation of 1004 (sea level) except for the construction of the settling ponds. 22. 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. 23. 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. Findings of Fact are attached. 13 Proposed Mining Area kM EXHIBIT B l 0 ('1 4g z I X m 0 D m A Z� C Z A r 0 mCZ0 C Z 0 Z-■ 0 - r to m O¢ < Z N CO 2 m >Z 1,3321M z 0m0 O mm r N ,1 X I CO t D :DAX z =z or=0 N 4. - D O z m \Z -a z O o n co 0 O Z 0 m 0 O .1; mz 0 N K . Om D x m S H 0 0 0 m0Z 0 O v > C 0 r - 73 = z < m Z - r D z < =I VI m> > Z D Z m 5 II m 2 0 z 0_. 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BURY 7353 ANN COURT, P.O. BOX 5477, EDEN PRAIRIE, MINNESOTA, 55346 $ ;5 E., + Vi / / ° +. /4 4 �4' NI t \p' � J i � r z - • z3 - I hereby certify that this pion. Specilitation or report wo Prepor d by me der s my aircct supervision and thot I om duly Licensed Professional Engineer under tM loss of the 151o1e of Minnesota. on,: Ree. NO 'w 0 i N 0 = Dr 2 Om 4 o - m � NO "E � m . 186.50 00 M 5'm » a w got�o �ot�ov'oe�o`4v wH a y m 9 9 am 3 s. n c � � o r " g o r _$ 0, a ^ o �� n o m w o z � 5 o F g n d mom '8 o} -3 ^ 5 n o 0. _ y d 7 O �.^p A X noo ^ ✓ cro 0 at ' `< ^ , cA a trf�. n `< m 5'0 ^ n 00 James R. Hill, Inc PLANNERS / ENGINEERS / SURVEYORS 2500 W. CTE Ro. 42. Saw 120. 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Mining, Excavation & Restoration Plan (November 2010) LAKE MARION PROPERTY LAKEVILLE, MINNESOTA MIDWEST ASPHALT CORPORATION EE' v \N 04'€ S S1/4 F A P AP SATHRE — BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 - 6000 e I Revisions Per City Comments I Cenlemcnt Energy Comments Per City Comments IUP Memorandum ueld IE•suoD pxu.b J I Moved LifSla Revised Sanitary Inverts 30' Sever Depth Ws Grave/ Layout Revisions I Added Multi Family Concept Sketch Re:..d LS loca0on R.viaad San Layout ( REVISIONS N. R.H. 01 -1611 R.S.M. 01.07.11 R.S.M 12.2 &10 R.S.M. 10-18-10 R.S.M. 10 -14-10 R.S.M. 0.27 -10 D.L.S. 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PL P 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 - 6000 Conceptual Site Plan 111710 (w /sanitary sewer grades LAKE MARION PROPERTY LAKEVILLE, MINNESOTA MIDWEST ASPHALT CORPORATION SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 -6000 H 3 „, CZ 0) Ct e. 0 d A� p s c y y O — U 0 �.a S N z s 2 I Lb) n 45 O (is 7 4 y 0 0 7 0 0 Q. c Q Q • IDWEST SPHALT ORPORATION MEMBER NAPA WEIL I WiL NATIONAL ASPHALT PAVEMENT ASSOCIATION LAKE MARION AGGREGATE OPERATIONS INTERIM USE PERMIT AND MINING PERMIT NARRATIVE PREPARED FOR THE PLANNING COMMISSION AND CITY COUNCIL OF LAKEVILLE, MINNESOTA January 2011 An Equal Opportunity Employer P.O. BOX 5477 • HOPKINS, MINNESOTA • 55343 PHONE: (952) 937 -8033 • FAX: (952) 937 -6910 RECEIVED JAN 11 2011 CITY OF LAKEVILLE EXHIBIT I DDD I. RESPONSIBLE PARTIES Applicant/Operator: Midwest Asphalt Corporation P.O. Box 5477 Hopkins, Minnesota 55343 Contact: Blair B. Bury 952 - 937 -8033 Engineer: Sathre - Bergquist Inc. 150 South Broadway Wayzata, Minnesota 55391 Contact: Robert Molstad 952 - 476 -6000 Surveyor: Boundary survey by James R. Hill, Inc. Property Owner: ASHBURY LP 7271 Kurvers Point Road Chanhassen, Minnesota 55317 Contact: Sandy Carlson 952 - 718 -2425 II. The correct legal description of the property where the activity is proposed to occur: See the attached Certificate of Survey completed by James R. Hill, Inc. III. A certified abstract listing the names of all landowners owning property within 350' of the boundary of the property described above: See the attached Abstract. IV. Specifications of the following, using appropriate maps, photographs and surveys: A. The physical relationship of the proposed designated site to the community and existing development: See attached map. B. Site topography and natural features including location of watercourses and water bodies: See attached Mining, Excavation and Restoration Plan. C. The description and quantity of material to be excavated: Sand, gravel and various clays. The quantity estimated to be removed from the site is 613,000 CY. In order to meet the proposed elevations at the end of the project approximately 369,000 CY of clean, structurally placed engineered fill material will be imported to the property and placed on the site east of the pipeline. For example, mining west of the pipeline in an amount equal to 244,000 CY plus the amount of clean, buildable fill material brought into the portion of the property east of the pipeline in order to meet the elevations per the attached Mining, Excavation and Restoration Plan. The material balance information is on the Mining, Excavation and Restoration Plan that shows the colored cut/fill areas. Red being cut areas and the green indicating areas to be filled. D. The depth of water tables throughout the area: The water elevation of Lake Marion on October 31, 1996 was 981.3 feet. The OHW elevation is 983.1 feet. Due to the nature of the material it is anticipated that the ground water table will closely mirror the lake elevation. V. The purpose of the operation: To incorporate an efficient, economical and environmentally friendly method to utilize the natural resources on the property. The parcel will be restored to a useable piece of property that could be developed in the future, all in accordance with City Code. VI. The estimated time required to complete the operation: It is anticipated in the current economy that the planned operation will take seven to ten years. VII. The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water: Midwest Asphalt Corporation is proposing to continue and expand the existing mining operation to include the areas of this site that contain sand and gravel products that are outside of the areas of steep slopes and at least 50 feet from existing boundary tines. There is no plan to "over excavate" on this site to increase the quantity of material available. The intent is to excavate only to the proposed elevations as shown on the attached Mining, Excavation and Restoration Plan. The primary area of mining will be west of the pipeline. The mining will commence at the north end and continue south until complete. Midwest would continue to mine and produce construction grade sand and gravel products under similar, but modernized, operations they have used for the last 40 plus years. Topsoil and overburden would be removed, salvaged and stockpiled for restoration. The location of the overburden stockpiles are shown on the attached Mining, Excavation and Restoration Plan. A portable processing plant will be located in the proposed crushing areas on the pit floor adjacent to the working face of the deposit. This plant will consist of various pieces of equipment arranged to facilitate crushing, sizing, and stockpiling of various grades of material on site. Recycling concrete /bituminous and aggregate materials will be accomplished with the same type of equipment as in the gravel operation. Rubble pavement would be brought to the site and crushed and processed into MnDOT specification aggregate material. In no way will the recycling operation inhibit the restoration activity. The finished product stockpiles will be located as close as practical to the entrance of the property to reduce truck travel on the site. Because it is a portable operation the equipment will move in and out of the site as the demand of material requires. There is no plan to remove or mine material below the water table. There also is no washing of aggregate on site proposed, so no process water will be used in the operation other than what is required for dust control. VIII. Travel routes to and from the site: The site is serviced directly from Kenrick Avenue through an existing paved entrance. The entrance location is not planned to change. A major 135 interchange is located both to the north (185 Avenue) and to the south (CR 70) of the site. It is anticipated that the preponderance of the truck traffic will access 135 at either interchange depending on the direction of travel required. Occasionally, there may be a local project that will have material delivery that will travel on a local street; otherwise no local streets will be used. IX. The plans for drainage, water erosion control, sedimentation and dust control: See the attached Mining, Excavation and Restoration Plan. Water from the proposed sedimentation ponds will be used for dust control on the crushing plant and haul routes within the property as required. The entrance currently has a bituminous surface. It is not planned to change within about one hundred feet of Kenrick Avenue during the operation. The method to transport the water from the ponds will be via being pumped into a water truck and then deposited in the areas as needed. Midwest Asphalt Corporation operates under a MPCA issued MNG 49 General Permit. The permit number is referenced by MNG 490132 which includes this property and encompasses the concerns of this request for information. A copy is attached. X. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using photographs, maps and surveys where appropriate, the following: A. The contour of land prior to excavation, if available, after completion of excavation and after completion of rehabilitation: See the attached Mining, Excavation and Restoration Plan. B. Those areas of the site to be used for storage of topsoil and overburden: See the attached Mining, Excavation and Restoration Plan. C. A schedule setting forth the timetable for excavation of land lying within the extraction facility: Operations are anticipated to commence in the Spring of 2011 and continue for approximately seven to ten years until the planned rehabilitation is complete. D. A timetable for the rehabilitation of land lying within the excavation facility shall be submitted to the city well in advance of the completion of excavation activities: Restoration has been ongoing on this site and will continue until the approved finish elevations are met. To date approximately 55,000 CY of off site restoration fill material has been brought on to the site and placed in locations east of the pipeline. As mining progresses, slopes and areas that are at finish grade will be restored as they are complete. The restoration activities will be aggressively pursued as it is in the best interest of the property owner and the City to have the site rehabilitated as soon as practical. E. The slope of all slopes after rehabilitation, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted: No finished slopes within the working area will exceed three to one as shown on the attached Mining, Excavation and Restoration Plan. At this time no tree planting is planned as no trees are planned on being removed and the final use for the property is yet to be determined. F. The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization: The site will be restored with topsoil, seed, fertilizer, and mulch in accordance with the most current MnDOT Specifications and /or permit requirements. See the attached Mining, Excavation and Restoration Plan for the Restoration Notes. The restoration will be completed as required to control erosion as mining operations are completed and /or ongoing in different areas per Best Management Practices (BMP) as outlined within our National Pollutant Discharge Elimination System (NPDES) /State Disposal System (SDS) General Permit MNG 490132. A copy of the permit is attached. Xl. A statement identifying the applicant's program to ensure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. (Ord. 375, sec 1, 5 -1- 1989): Compliance would be assured through the City's process of the required method of security CONCLUSION and future renewals of the permit per City Code 7-4 -8. At any time the City is welcome to inspect the site if they feel permit requirements are not being met. The MPCA has an inspection and reporting process in place in order to insure compliance with our MNG 49 General Permit. It is not in Midwest Asphalt Corporation's best interest to be in default of this permit. A deficiency would put all of our operations in jeopardy, not just this site. Midwest Asphalt Corporation also prides itself in maintaining clean and environmentally friendly sites. Midwest Asphalt Corporation does regular site inspections in an effort to maintain orderly operations. A 24 hour telephone number will be provided to the City if it so desires. If a complaint is received, it would be answered by telephone (if a telephone number is received) within one working day and a written response would be sent to the complainant and copied to the City within seven working days. If further action is necessary, an on site meeting could be arranged with a representative of Midwest Asphalt Corporation, a City representative and the complainant in an effort to successfully resolve the issue. Midwest Asphalt Corporation is confident that the proposed Interim Use Permit to allow the logical expansion of the current mining operations is consistent with the allowable uses for this land. An example of an end use has been submitted with this package to show what is possible for future development products. In no way has the Conceptual Site Plan been submitted for any use approvals. At the City's request, it has been engineered and attached as an example of what a future development could look like using the submitted Mining, Excavation and Restoration Plan topography. It makes wise use of the valuable natural resources found on this land without jeopardizing the ultimate future end use and therefore adding value that will eventually be realized by the City of Lakeville and the property owner. It is our pleasure to respectfully submit our proposal and request your acceptance. From: John Osborne [mailto:johnnyozl ©yahoo.com] Sent: Wednesday, January 26, 2011 2:05 PM To: Dempsey, Frank Subject: Midwest Asphalt Permit Request Comments RECEIVED JAN 262011 CITY OF LAKEVILLE Mr. Dempsy, My name is John Osborne and my family lives very near the proposed mining area. We are the closest home to it at 18932 Katrine Ct., have lived there for more than 16 years and have loved our location on the lake. I have some questions and concerns regarding the proposed mining area and have detailed them below in a simple list. I was unable to attend the information session held earlier due to a work commitment, and some of my questions may have been addresses earlier at that meeting. Do you have any details on the proposal that you could send me, such as durations of mining, i.e. time of day, number of years of planned operation, type of excavation, daily delivery loads, etc. My list of concerns with some suggestions regarding the Aggregate Mining is as follows: • Engine breaking of trucks -this intense noise could be eliminated by a ban on truckers using downshifting to slow their speeds within the city limits. • Increased truck traffic from deliveries will cause greater noise especially at stop signs and when merging onto Kenrick -Noise abatement walls can reduce that dramatically. • Truck weight on Kenrick will shorten its life. • Bad Odor of processing into asphalt will nauseate neighbors if done on site. • Rock crusher noise along with additional excavation equipment noise will add to the already high ambient noise level. • Blasting noise and vibrations can open fissures in the lake bed that could lower the lake level and cause cracks in our home. Would not apply if no blasting is allowed. • Dust emissions into the lake can reduce oxygen levels among other issues. • Community character is reduced, do we want the first view of our city to be unsightly digging equipment that will give an adverse visual impact. • Noise is already at an extremely high level near the freeway and to increase the levels above the current would be difficult to tolerate. I realize that the proposal is along the freeway which is a noisy avenue, but a serious study of noise shows that when additional noisy activity is added to an area it produces a cumulative effect. The levels of noise should be contained and can be through concerted effort and not just ignored because we already tolerate the existing levels. This operation will affect a large number of our residents whether its the lake, the sight - lines, the noise issues or the odor, and should not be addressed lightly. Thank you for your time, Best regards, John Osborne 952- 469 -3391 EXHIBIT J Memorandum TO: Planning Commission FROM: Frank Dempsey, Associate Planner DATE: December 16, 2010 SUBJECT: Midwest Asphalt Corporation Neighborhood Meeting Notes On December 15, 2010, Midwest Asphalt Corporation representatives hosted a neighborhood meeting at the Holiday Inn for a proposed gravel mining interim use permit on the property located at the northeast quadrant of Kenrick Avenue and 195 Street. The Zoning Ordinance requires an interim use permit for the proposed gravel mining operation. The meeting was attended by the following individuals: • Blair Bury, Midwest Asphalt Corporation • Sandy Carlson, Representing Ashbury, LP (property owner) • Robert Molstad, Sathre - Berquist, Inc. • Associate Planner Frank Dempsey • Assistant City Engineer Zach Johnson • Two residents representing two properties City of Lakeville Planning Department Blair Bury introduced members of the project team. He indicated that Midwest Asphalt Corporation sent notices of tonight's neighborhood meeting to all property owners located within 500 feet of the subject property plus 36 Lake Marion property owners located outside the required 500 foot mailing area, including the president of the Lake Marion homeowner's association president as identified on the Lake Marion homeowner's association website. Mr. Bury indicated that the gravel mine has been in operation on and off since the late 1960's. At this time Midwest Asphalt Corporation is proposing to mine the gravel resource on the west side of the Centerpoint Energy high pressure gas main that bisects the property and raise the grade with suitable fill material on EXHIBIT K the property east of the gas main in preparation for future residential development of the property consistent with the City's Comprehensive Plan and Zoning Map. The final grades will be such that the property can be served by gravity City sanitary sewer. The property is located in MUSA Expansion Area B (not before 2015) of the Comprehensive Plan. The following questions were raised during the meeting: 1. Where exactly will the mining occur? 2. Will there be any impact to the Lake Marion shore line or bluff area? 3. Does the mining and reclamation plan accommodate the City's trail plan along Lake Marion? 4. How long will the mining and reclamation occur? 5. What will be the travel routes to and from the mining area? Mr. Bury and the project team responded to the questions raised by the residents. The meeting adjourned at 7:30 PM CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MIDWEST ASPHALT CORPORATION INTERIM USE PERMIT On January 20, 2011 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider an Interim Use Permit to allow mining and excavation on property located in the northeast quadrant of Kenrick Avenue and 195 Street (PID 22- 02400 - 011 -27). The Planning Commission conducted a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is zoned RM -2, Medium Density Residential District and RS -3, Single Family Residential District. 2. The property is located in Comprehensive Planning District No. 4, which guides the property for medium to high density and low density land uses when City sanitary sewer is available sometime after 2015. 3. The legal description of the property is: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east — 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 195 Street West. Except the 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: 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. 1 4. Section 11 -5 -3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed excavation and mining is considered an allowed interim use of the property. The Comprehensive P /an allows the extraction of sand and gravel resources in MUSA Expansion Area B. b) The proposed use will be compatible with future land uses of the area. The proposed excavation and mining p /an and reclamation p /an have been developed to incorporate future low density single family residential and medium density residential uses consistent with the Comprehensive Plan. The nearest residential development is located approximate ly 1,000 feet to the north across Lake Marion. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed excavation and mining p /an conforms with all performance standards contained in the Zoning Ordinance and City Code given compliance with the conditions of the interim use permit. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. No public sanitary sewer or water is proposed with the proposed excavation and mining permit. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The traffic which will be generated by the proposed mining and excavation is within the capabilities of Kenrick Avenue which serves the property. Kenrick Avenue is classified as an A -Minor Reliever in the Comprehensive Transportation Plan. 5. The planning report dated January 28, 2011 prepared by the Frank Dempsey, Associate Planner is incorporated herein. 2 Memorandum To: Frank Dempsey, Associate Planner From: Zach Johnson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager / Copy: Dennis Feller, Finance Director Keith Nelson, City Engineer Steve Michaud, Parks & Recreation Director David Olson, Community & Economic Development Director Date: January 28, 2011 Subject: Midwest Asphalt Interim Use Permit BACKGROUND Midwest Asphalt Corporation has submitted a request for an Interim Use Permit to expand the existing sand and gravel mining operation at the site currently referred to as the Lake Marion Pit. Mining is an interim use in all zoning districts except the current MUSA and staged MUSA expansion area A. The subject parcel is a metes and bounds parcel located in staged MUSA expansion area B. A permit is required for all mining operations within the City. The Applicant has provided an interim use permit and mining permit narrative, a Mining, Excavation & Restoration Plan and a Sanitary Sewer Alignment Option Plan. SITE LOCATION EXISTING CONDITIONS City of Lakeville Engineering The Lake Marion Pit is located east of and adjacent to Kenrick Avenue; north of and adjacent to 195 Street; south and west of and adjacent to Lake Marion. The site is located on 62.96 acres of land. The Lake Marion Pit is bordered along its north and east parcel lines by Lake Marion. A wooded shoreland bluff exists along Lake Marion. An existing overhead utility line extends along the west parcel line, adjacent to Kenrick Avenue. An existing overhead utility service line extends from this line and ends near the center of the parcel. The Certificate of Survey identifies an existing underground gas pipeline that crosses through the center of the parcel, creating a natural divide of the property. MIDWEST ASPHALT IUP JANUARY 28, 2011 PAGE 2 OF 5 The portion of the property west of the pipeline consists of vacant, undeveloped land with the exception of a truck scale and bituminous driveway located near the northwest corner of the site. The topography includes steep to moderate slopes extending from Kenrick Avenue up to the pipeline. The portion of the property east of the pipeline consists of an existing sand and gravel pit. The sand and gravel mining operation is currently inactive and rehabilitation of the land has not been completed. A small storage structure and concrete foundation exist near the southeast corner of the parcel. The parcel is not currently served with public sanitary sewer or water. The Applicant must verify that all existing wells and septic systems have been properly removed and /or abandoned in accordance with all applicable codes and regulations. PROPOSED OPERATIONS The Applicant is requesting to expand sand and gravel mining operations to the portion of the property west of the pipeline, proposing to begin at the north end and continue south. The proposed mining operations would include a portable processing plant to facilitate the crushing, sizing and stockpiling of materials. The portable processing plant would be located on the pit floor, adjacent to the working face of the deposit, near the proposed crushing areas. Recycled bituminous and concrete pavement may be brought on -site and utilized in the material processing. The finished product would consist of stockpiles of construction -grade sand and gravel materials located near the site entrance. The Applicant estimates approximately 613,000 cubic yards of sand and gravel would be mined from the portion of the property west of the pipeline. The Mining, Excavation & Restoration Plan indicates that 369,000 cubic yards of material is required to reach rehabilitation grades established for the portion of the property east of the pipeline. To achieve and maintain a continual earth balance of the entire property, the Applicant proposes to mine 244,000 cubic yards of sand and gravel plus an amount equal to the amount of imported clean, engineered fill material brought into the portion of the property east of the pipeline. The Applicant estimates that all proposed mining and site rehabilitation operations would be completed in seven to ten years. The Applicant proposes to strip and stockpile topsoil in all areas to be disturbed during the mining operations. The salvaged topsoil would be utilized and re- spread during the site rehabilitation. No topsoil is proposed to be exported off -site. The Applicant is not proposing an aggregate wash plant on the site; the only water application proposed during mining operations would be for dust control. The proposed water source for dust control is the proposed on -site sedimentation basins. The Mining, Excavation & Restoration Plan identifies the depths of the proposed mining operations. No excavation below the groundwater table is proposed. The MIDWEST ASPHALT IUP ]ANUARY 28, 2011 PAGE 3 OF 5 Applicant proposes to mine to the rehabilitation grades shown on the Mining, Excavation & Restoration Plan and states no intention of expanding mining operations any deeper. TRAVEL ROUTES TO AND FROM THE SITE Truck traffic access and egress will be from the existing bituminous driveway at Kenrick Avenue (located near the northwest corner of the parcel). The predominant routes to and from the site will be Kenrick Avenue and Interstate 35 via the 185 Street (CSAH -60) and 215 Street (CSAH -70) interchanges. Truck traffic along City - owned roads (with the exception of Kenrick Avenue) is prohibited unless approved by the City. DRAINAGE AND EROSION CONTROL The subject parcel is located within sub - district ML -1 of the Lake Marion drainage district as identified in the City's Water Resources Management Plan. Existing stormwater runoff within the portion of the property west of the pipeline is directed to the west to an existing roadside drainage swale located alongside Kenrick Avenue. The Applicant proposes to construct an earth berm and drainage swale along the west parcel line to provide screening from Kenrick Avenue and maintain drainage within the subject parcel. Stormwater runoff would be directed west to the drainage swale and conveyed to a sedimentation basin that would be located in the northwest corner of the site. Existing stormwater runoff within the portion of the property east of the pipeline is directed to the north to an existing sedimentation basin located near the north parcel boundary. The proposed plans indicated that the existing stormwater routing will be maintained. The Applicant proposes to construct two sedimentation basins. The sedimentation basins would be located in the northwest and north - central areas of the site. Stormwater runoff generated from within the site would be conveyed via overland flow and drainage swales to the sedimentation basins. The sedimentation basins must be constructed prior to beginning any soil disturbance activities and mining operations. The Applicant is responsible for the inspection, maintenance and long- term operation of the sedimentation basins for the duration of the mining operations and after completion of the site rehabilitation. Additional erosion control measures may be required due to the progress of mining operations. The Applicant must install and maintain any additional erosion control measures deemed necessary during construction by City staff or the Dakota County Soil and Water District. MIDWEST ASPHALT IUP 3ANUARY 28, 2011 PAGE 4 OF 5 A National Pollutant Discharge Elimination System (NPDES) and State Disposal System (SDS) Permit (MNG490000) for construction sand & gravel, rock quarrying and hot mix asphalt production facilities is required from the Minnesota Pollution Control Agency (MPCA). The Pollution Prevention Plan must be updated to reflect current and proposed conditions. The Pollution Prevention Plan must include all NPDES requirements and kept on site. A copy of the Notice of Stormwater Permit Coverage along with the updated Pollution Prevention Plan shall be submitted to the City prior to beginning mining operations. WETLANDS There are no existing wetlands within the subject parcel. PROPOSED REHABILITATION The Applicant proposes to structurally place clean, engineered fill material in accordance with the HUD 79G grading certification requirements in the portion of the property east of the pipeline to the final rehabilitation elevations shown on the Mining, Excavation & Restoration P /an. The Applicant proposes to mine and restore the portion of the property west of the pipeline to the final rehabilitation elevations shown on the Mining, Excavation & Restoration Plan. After completion of rehabilitation, the majority of the restored site would consist of grades less than 3 %. The final slopes along the perimeter of the restored area and adjacent to the pipeline would consist of 3:1 grades. Finished rehabilitation grading would include the placement of salvaged topsoil, seed, fertilizer and mulch in accordance with MnDOT specifications. Slope stabilization would also include the placement of erosion control blankets. As part of the annual permit renewal process, the Applicant will annually update the mining, stormwater management and erosion control, and rehabilitation plans to assure compliance with the long -range overall plan. The plans will specify the limits of the previous year's mining and rehabilitation operations, as well as identify the next phase of mining and rehabilitation. The plans will also include annual mining and rehabilitation earthwork calculations to ensure that a continual earth balance of the entire property is maintained. The Mining, Excavation & Restoration Plan identifies the proposed finished grade elevations following the rehabilitation of the site. The Sanitary Sewer Alignment Option P /an identifies a potential layout providing a public sanitary sewer connection for future development of the site. The plans indicate that the proposed rehabilitation grades are generally compatible with the current land use and zoning and at an elevation in which gravity sanitary sewer could be achieved. MIDWEST ASPHALT IUP JANUARY 28, 2011 PAGE 5 OF 5 RECOMMENDATION Engineering recommends approval of the interim use permit to expand the existing sand and gravel mining operations at the Lake Marion Pit, subject to the comments within this report.