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Shakopee Board of Adjustments and Appeals
October 5, 2017
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
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| | | | | | | | Subject:
Caselog # 17-049: Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel |
| | | | | | | | Policy/Action Requested:
Recommend to the City Council that they accept the review of the permit as conditioned in approved Resolution No. 7272, and direct the applicant to work with City Engineering to address their concerns and/or requests. |
| | | | | | | | Recommendation:
Staff recommends the BOAA accept the review of the permit as conditioned in approved Resolution No. 7272, and that the applicant work with City Engineering to address their concerns and/or requests. |
| | | | | | | | Discussion:
Introduction
Shakopee Gravel, Inc. has submitted an application for the annual review of a conditional use permit (CUP) and a mineral extraction and land rehabilitation permit for their operation located at 1650 County State Aid Highway (CSAH) 83. A condition of their approved Resolution includes a requirement that the permits be reviewed annually.
Considerations
Shakopee Gravel, Inc. last received approval of an amendment to the CUP and Mineral Extraction and Land Rehabilitation Permit Renewal on February 5, 2013 (Resolution No. 7272, upholding the BOAA determination).
The conditions contained in the adopted resolution are listed below with planning staff’s review/comments following in italics. The Board should review the information submitted by the applicant, information provided by staff and outside reviewing agencies, as well as comments, information, and testimony provided by the public in conducting the review of this permit.
The conditions of the adopted resolution are listed below, with staff’s comments in italics:
1. The Shakopee Board of Adjustments and Appeals shall annually review the Permit to ensure that the Applicant is in full compliance with all provisions of the Permit.
This condition is presently being met. The applicant submitted an application which complies with the condition requirement. The applicant included a narrative and plans which provided an update on the amount of product removed from the site during the past year, and an updated site plan that identifies the current mining and reclamation areas.
2. The annual review of the Permit by the Board of Adjustment and Appeals shall be provided to the Shakopee City Council as an informational item.
This condition will be met – staff intends to submit the review to the City Council once the BOAA has made their determination on the review.
3. Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area, and along any adjacent residential development.
Security fencing has been in place for several years around the perimeter of this site.
4. Design/maintenance treatment of the berm adjacent to the residential properties along the Applicant’s west property line shall be consistent with the following conditions:
a. Maintenance of a 1:1 slope for the berm adjacent to the homes in Wyndam Ponds. Any areas of erosion shall be remedied and stabilized with the approved seed mix.
b. Removal of the weeds using the steps outlined by the Scott County Weed Inspector.
c. Stabilization of the slopes, establishment of plant/turf cover, and mowing at least once a year or as needed more than that to maintain a suitable appearance.
d. Landscaping shall be maintained in accordance with the landscape plan on file in the Community Development office (June, 2006).
The applicant has met the above four (4) conditions. The berm has appeared to be well maintained and the landscaping is doing well.
5. All operations on the Property shall be allowed from 6 a.m. - 6 p.m., Monday thru Saturday, except upon approval by the Shakopee City Council of extended hours on a temporary basis.
The applicant has represented that they are in compliance with this condition, and staff has received no evidence to the contrary.
6. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse effects of dust on neighboring properties.
The applicant is aware of the need to monitor the dust levels generated from their haul roads, mining activity, and equipment, and periodically utilize their watering truck for addressing this issue.
7. Two diesel tanks and two propane tanks for the storage of fuel shall be permitted on-site, and must be installed and maintained in accordance with State Fire Marshall Rules (Chapter 7510.3100 -7510.3280). Other fuel tanks on-site must receive permit approval from the Minnesota Pollution Control Agency (MPCA) or other required agency. There shall be no use or storage of explosives except as approved in advance as a part of this Permit.
There exist two (2) diesel fuel tanks which are fastened to trailers. The trailers house the generators that run the mining equipment. These tanks are approximately 4 feet high, 6-8 feet wide and 6-8 feet deep. There do not appear to be any additional tanks since staff conducted a site visit in May, 2002.
In the past, the Fire Department has commented that the property owner should: 1) provide the Fire Department with a list of tanks and tank sizes, for those tanks listed in this condition; and 2) work with the Fire Department to develop a Pre-Fire Incident Plan for the operations.
8. No direct exterior lighting shall be visible from adjacent properties or the public right-of-way. Two 125-watt high-pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan.
There exist two (2) light sources; one that is located near the equipment on the floor of the mining operation and one that is located outside the scale building, which is not visible off site.
9. The Gravel Extraction Phasing Plan and the End Use Plan, as submitted by Applicant (November, 2012), shall be adhered to. Modifications will be submitted for approval to the Board of Adjustment and Appeals.
The applicant has submitted the 2016 Annual Earthwork Plan, which identifies the areas that changed within the previous year. Their mining and reclamation activities are generally consistent with the phasing of the project, with a significant increase in imported material occurring within the past year. The applicant’s Engineer has been in contact with staff to discuss an end use plan, with a conceptual plan included with this report. This end use plan will be discussed in conjunction with the 2040 Comprehensive Plan Update currently being considered by the City.
10. Applicant shall establish and maintain a monitoring well on the Property for ground water quality monitoring, and if/when Shakopee Public Utilities Commission (SPUC) notices evidence of a pollutant of concern in the testing of their wells, a testing shall be conducted of the monitoring well in an effort to evaluate and either identify or eliminate whether the pollutant of concern is originating from or moving thru this property.
Staff has not heard of any issues/concerns regarding pollutants and/or contaminants of the wells, nor the need for additional testing of the monitoring well.
11. Mining extraction shall not exceed a depth greater than ten (10) feet above the established ground water MSL elevation.
Staff has not observed any changes to the base elevation of the mining area that would be in conflict with this condition.
12. The sanitary sewer along 17th Avenue is shown, but not approved. Future extension of 17th Avenue will determine the ultimate alignment and depth. The City Engineer shall determine and propose a mutually agreeable location and depth for the trunk sanitary sewer along 17th Avenue.
Further review will occur at or before the time of submittal of a preliminary plat application for this property.
13. Access spacing to CR 16/17th Avenue and CSAH 83 will be determined by Scott County, City, and Applicant upon approval of the preliminary plat for the end use.
Further review will occur at or before the time of submittal of a preliminary plat application for this property.
14. Applicant will certify that the property meets any and all standards set by the MPCA or government board that regulates mine reclamation.
The applicant believes they are compliant with this condition. They constantly monitor product brought in for reclamation to ensure its quality product, and take the appropriate steps to remove any product that is not.
15. The storm sewer discharge along 17th Avenue shall not exceed the design capacity in the CSAH 83 trunk storm sewer as determined by the City Engineer. The development of the Property will necessitate the lowering of the storm sewer along 17th Avenue. Applicant shall pay the cost of lowering this trunk line.
Staff is not aware of an issue with compliance with this condition.
16. Applicant is to provide to City an earthwork quantity calculation, to be completed by a Registered Professional Engineer or Registered Landscape Architect, and Applicant is to provide to the City on an annual basis the quantity of export and import materials.
The applicant has provided the earthwork quantity calculations as required (see attached narrative letter and the Annual Earthwork Plan, which referenced the quantity of import and export materials, and identifies the location where the mining and reclamation activities have occurred within the past year).
17. Applicant shall enter into an agreement with the City in which the Applicant agrees to allow the City to enter the property and to complete the reclamation plan and to assess the City’s costs to the property, should the site not be reclaimed and made available for development consistent with the End Use Plan by the Applicant.
Staff and the applicant will work to ensure compliance with this condition.
18. Berming shall be installed in phases around the perimeter of the site, beginning at the northwest corner and working easterly along the north side and then working southerly adjacent to residential use areas (generally consistent with the November/December, 2012 Potential Berm Improvement, Projected Reclamation Pile Location and Existing Berm/Proposed Reclamation Pile Section Plans). This berming process shall be evaluated at the yearly review, and is subject to modification based on the evaluation. Reclamation material may be 15 feet higher than the berm (max. 40 feet), and constructed as material is made available.
Staff have not noticed any issues with the existing berms, and they will continue to monitor all berms to ensure they are properly seeded and will work with the applicant to see that the areas are maintained consistent with this condition.
19. The design of the berms, existing and proposed, shall comply with standards set forth by the City of Shakopee’s Design Criteria. Exceptions to these requirements may be granted by the City Engineer.
Planning staff will continue to monitor the berms with Engineering staff to ensure compliance with this condition.
20. All final and permanent berms, existing and proposed, shall receive a minimum of six (6) inches of top soil. The top soil, whether salvaged or imported, shall meet the requirements of select top soil borrow as defined by MnDot’s specification #3877.
The applicant appears to have used appropriate material and seed mix for the most recent reclamation activity, and staff will continue to monitor this area to ensure compliance with all requirements.
21. The applicant shall comply with the conditions set forth in its National Pollutant and Discharge Elimination System (NPDES) permit.
Staff was not made aware that there are any issues with compliance with the NPDES requirements. Engineering staff have requested that the applicant provide the city a copy of its National Pollutant Discharge Elimination System (NPDES) permit.
22. The applicant will inspect, on a daily basis, all adjacent streets, sidewalks and trails for any off-site sediment attributable to the applicant’s operation of the mine, and will conduct street sweeping as necessary or as directed by the City and/or Scott County.
They have been notified by Scott County and the City staff in the past, and City Engineering referenced in their recent memo a request to keep adjacent streets, sidewalks and trails free of any off-site sediment tracking, and that the applicant will be responsible for regular street sweeping. In the past, when these issues have arisen, the applicant has typically responded in an appropriate manner. The applicant has also shared that some of this material may have come from the adjacent property, and the applicant has shared this issue with that property owner.
Planning staff did receive comments from City Engineering. Those comments are attached to this report. City Engineering comments have either been referenced above in the responses listed after the conditions of approval, or are notes for future considerations; specifically requesting the applicant provide certification that the property meets any and all standards set by the MPCA or government board that regulates mine reclamation.
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