HomeMy WebLinkAbout2. Topics #1 Aggregate Mininig Operations #2 Highway 52/42 Corridors (eastern Rosemount) �
� MEMO _
- CITY OF ROSEMOUNT, MINNESOTA __� -
TO: Honorable Mayor and City Council Members
FROM: Dan Rogness, Community Development Director
Rick Peazson, City Planner
DATE: March 31, 1999
RE: Mineral Eztraction in Rosemount
BACKGROUND
Five active aggregate mining(sand&gravel)operations are currently permitted in the City of
Rosemount. Issues identified during the annually required permit renewal process have resulted
in a directive from the City Council for staff to examine aggregate mining in general as it relates
� to Rosemount. For purposes of this report, sand and gravel mining is the predominant (and only)
mineral extraction activity in Rosemount. Sand and gravel mining has been ongoing in
Rosemount for many years. The Lance Johnson property has been mined for more than twenty
years continuously; a number of mining sites have also been abandoned for many years.
Sand and gravel are used for concrete, asphalt,road base, fill, snow and ice control for streets and
highways. According to a study prepazed by the Minnesota Department of Natural Resources,
the demand for sand and gravel averaged about 8.5 tons per person in 1990. In that year,
Minnesota ranked eighth in the nation in construction sand and gravel production of 26 million
tons worth$61 million. Every county in Minnesota has a gravel pit. Open pit sand and gravel
extraction is the most common mining activity in the state. The resource is needed for almost all
construction projects of any kind. The mining process is relatively inexpensive, but the gravel is
expez�sive to haul.
Glacial activity provided Dakota County with about half of the sand and gravel resources
available to the seven county metropolitan area. The good news is that Dakota County has
enough of the resource for its own growth needs. The bad news is that Rosemount has a lazge
percentage of the County's sand and gravel. A map published by the Dakota County Soil and
Water Conservation District shows that the largest area of available deposits is centered over the
City of Coates (see attached exhibits). This vein of material extends from Burnsville on either
side of CSAH 42,meanders northeast to the U.S. 52/TH 55 industrial corridor, and then down to
the Vermillion River. The criteria that makes this a primary source of sand and gravel is a
combination of deep water table in excess of 20 feet,with deposits thicker than 20 feet of at least
3 5 percent gravel.
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' Mineral Extraction Report _
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NIINERAL EXTRACTION IN ROSEMOUNT
This report is intended to provide a basis for discussion of the following issues:
1. What are the existing and potential problems associated with mining activity/operations
in and azound Rosemount?
2. What agencies currently have some regulatory authority over mining operations in
Minnesota?
3, What options are available to Rosemount for regulating mining operations?
4, What is the anticipated demand for sand and gravel that will impact Rosemount?.
DEFINITIONS
Ag¢regate Tvnes:
1. Sand and Gravel. This construction product is used in a wide variety of products such as
' concrete, asphalt,road base, etc. This term is generally used for the majority of mining
activity within mining operations.
2. Crushed Stone. This product is used most often for construction as a source of
aggregate. A 1987 survey showed 69 sites in 16 counties within Minnesota, all
employing hard rock mining methods for quarry extraction.
3. Industrial Sand. This is high grade silica sand that is used in glass making and foundry
applications. In 1987,there were two companies operating quames in three counties.
Sand/Gravel Mine Tvnes:
1. Active Sand& Gravel Pit. Materials are removed on a regulaz basis throughout the yeaz,
except during winter months in Minnesota. They often service a permanent facility like
an asphalt or a ready mix plant.
2. Intermittentiv Active Sand & Gravel Pit. These pits are those with ample resources,but
materials are removed on an as-needed basis.
3. Depleted Sand & Gravel Pit. Mining operations have permanendy ceased or abandoned
even though sand and gravel deposits may still be available within the pit area.
Other:
1. Mineral Extraction. The extraction of sand, gravel,rock or other such material from the
land as defined in the Rosemount Zoning Ordinance.
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� Mineral Extraction Report _
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2. Processin�. Any activity which may include the crushing,washing, stockpiling,
compounding,mixing,or treatment of sand, gravel,rocks, or similar mineral products
into consumable products such as construction grade sand, gravel, concrete, asphalt, and
other similar products.
CURRENT & POTENTIAL PROBLEMS
Problems associated with mining operations will generally fall into one or more categories:
• noise levels
• traffic increases(primarily heavy trucks)
• dust/smoke
• erosion
• appearance
• hazardous materials/conditions
• land rehabilitation(lack o fl
• future land uses
• unauthorized use
In 1999,the City received an allegation that a mining operator/property owner failed to pay the
County Gravel Tax. The County Highway department assists in notifying delinquent operator/
owners. The operation affecting the property in question was inactive during the period
specified in the complaint. Once activity resumed,the taxes were brought up to date. The failure
of the operator/owner to report during the inactive period was a direct cause of the allegation.
Problems of the past have been corrected, including:
1. Mining or extraction of materials within setback areas or encroaching onto neighboring
property. This problem occurred in 1991 and 1997 on the Lance Johnson property.
Both instances have been resolved with restoration to city expectations as part of the
annual permit renewal process.
2. Traffic impacts on the county highway leading into the pit. In 1997,trucks driving out
of the Lance Johnson pit tracked mud onto Rich Valley Blvd. The operator brought in
street cleaning equipment and solved the problem.
3. In 1996, a large amount of horse manure was deposited in the Danner pit. The manure
has subsequently been removed.
There are also abandoned azeas that are partially or wholly unrestored. The site that is most well
known is immediately south of the Lance Johnson property owned by Koch Refining. This
property was appazently owned by Parranto Bros.,Inc. and mined by Hardrives, Inc. Originally
approved in 1978,the site has large stockpiles of material and very steep slopes which appear to
be unrestored open phases. Established vegetation including trees in these areas suggest that it
has been abandoned for at least ten or more years.
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There are depleted sand&gravel sites on the University property, as well as a small site east of
Biscayne Avenue approximately 1/4 mile south of Bonaire Path. Little or no information is
available regarding these sites.
REGULATORY AUTHORITY
Local Cities are in the"front line"in terms of regulatina mining through zoning. Other agencies
have authority under certain circumstances:
1. Environmental Quality Board (EQB)requires an Environmental Assessment Worksheet
(EAW) for operations exceeding 40 acres and an Environmental Impact Statement(EIS)
for operations exceeding 160 acres.
2. Minn. Dept. of Natural Resources (DNR)requires a water appropriation permit if pit
dewatering or gravel washing consumption exceeds 10,000 gallons/da}�or 1,000,000
gallons per year. DNR is also involved if the mining activity unpacts protected waters.
3. Minn. Pollution Control Agency (PCA) requires air quality permits in the case of
smokestack dischazges from processing plants and fugitive dust from�r-aterin;areas.
Applicable water quality permits include a State Disposal System(SDS)Permit or a
National Pollutant Discharge Elimination System(NPDES)Pemut.
4. Minn. Board of Water& Soil Resources(BOWSER)regulates impacts to protected
� wetlands according to the Wetlands Conservation Act enacted in 1991.
5. U. S. Army Corps of Engineers regulates the filling of protected wetlands.
6. Dakota County has no real authority over mining because the city zonina ordinance is the
applicable land use regulatory structure. The Dakota County Office of En��ironmental
Management manages solid waste, recycling, composting and hazazdous waste. The
department regulates sanitary landfills and other solid waste facilities,businesses which
produce hazardous waste,well drilling and septic installation. Technical assistance is
provided on request for site inspections and monitoring.
ROSEMOUNT ZO1vING REGULATIONS
Sand and gravel mining is restricted to property that is in the General Industrial District and a
small area of the Agriculture District(%z mile either side of CSAH 42,east of U.S. 52). Mineral
extraction requires a permit renewed annually. A grading plan showing the extent,phases and
proposed reclamation is required as part of the permit process. This grading plan is intended to
show how the property will be shaped at the end of the process with existing and proposed
contours. Therefore,one grading plan should be relevant for the entire lifespan of the mineral
extraction process. Any changes that may be requested by the pit operator or property owner
must be reflected in a revised grading plan. The City Public Works Department reviews the
grading plan to ensure that city expectations are met concerning degree of slope,erosion control
and how the proposed grading fits with the City Stormwater Management Plan.
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1 Mineral Extraction Report -
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Sand and gravel extraction has a lot of nuisance potential if the process is not managed properly.
Dust,noise and traffic are the immediate effects. Longer term are erosion, potential loss of
topsoil and the danger of abandonment Failure to reclaim a sand and gravel pit is a primary
concern because there are an estimated 2,500 abandoned or intermittently used pits in the state.
The danger associated with steep or unstable slopes, and lack of erosion control aze obvious
problems resulting from abandonment
Rosemount treats sand and gravel operations as an interim use that typically has a projected
lifespan and quantity of materials to be extracted. The permit activity is broken up into phases,
with extraction confined to one phase at a time.
REGULATORY OPTIONS
If the City Council intends to amend current standards and/or procedures for mining operations,
then there are several options. However, it may be inadvisable to prohibit them entirely,
especially given the extent of the available resource.
1. Remove the allowance for mining in the Agriculture District(1/z mile on either side of
CSAH 42, east of U.S. 52). This would render existing pits as non-conforming uses
� which could not be expanded.
2. Change mining to a conditional use in the General Industrial District (currently a
permitted use in conformance with standards)with a higher level of restrictions intended
to mitigate negative aspects.
3. Create a mining overlay district. This approach would replace mining as a permitted use
in the IG and part of the AG Districts. The overlay district would be designated by the
City Council, and it would apply to land and development characteristics rather than
specified zoning districts.
4. Enhance the standards for sand& gravel operations such as increasing the setbacks to
other properties,dissimilar uses and/or street rights-of-way to create more effective
buffer areas,which could keep the existing Mineral Extraction permit process intact.
PROCESSING
As identified on page 3 of this report, `processing' is typically a broad definition for activities
within aggregate mining areas,ranging from crushing to asphalt plant operations. Rosemount's
current zoning ordinance refers to processing within Section 12.4,Mineral Extraction. Section
12.4.D.7.i. defines `processing' as"cnishing,Was1�g and refining, or other similar processing,"
which is more restrictive(or less explicit)than the definition on page 3. This section of
Rosemount's ordinance goes on to say that such processing mav be authorized by the City
Council as an accessory use assumin�it is also a permitted use in the zoning district.
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The only zoning district that permits processing operations associated with aggregate mining is
the General Industrial (IG)District,which lists `asphalt, cement and concrete production' as a
permitted use. Therefore, staff interprets Rosemount's zoning ordinance as restricting asphalt
plants in the Agricultural (AG)Districts that now include some aggregate mining operations. As
noted earlier in this report, all types of processing become an economical way of utilizing an
aggregate mining operation by avoiding truck hauling trips for purposes of transferring materials
from one site to another.
Standards can be amended or added in the zoning ordinance for uses such as asphalt plants,
crushing, sorting and washing. Some uses may need to be further controlled,much like a
conditional use pemut intended to deal with specific mitigation issues. For example, asphalt
plants could be a conditional use in one or more zoning district. Other uses, such as crushing,
could continue to be allowed as an accessory use. Apple Valley has extensive a�gregate mining
h their zoning regulations also have
operations with processing as a permitted use; owever,
stringent standards for setbacks and visibility of processing equipment(see attached A.V. Zoning
Ordinance section).
HAUL-BACK OF MATERIAL
On occasion, a pit operator may wish to import fill material to replace mined sand and gravel.
There is obvious economic benefit to combine the trips. For example, a construction site that
requires soil conections needs the sand& gravel for a building foundation. Unsuitable material
is excavated and replaced by the correct sand& gravel mix. The unsuitable material must then
be disposed of, and the original pit source of the sand & gravel is a logical destination. This
eliminates the portion of the trip that the truck is driving empty, and eliminates another
destination. However, it is the best interest of the receiving city to ensure that the replacement
material is compatible with the restoration or re-use plans for the pit azea. Peat properly mixed
with sand and other materials may be acceptable to replace or augment topsoil for restoration
purposes. On-site monitoring or inspection of the material would be necessary to ensure that
construction debris or unacceptable material is not bought to the pit in the haul-back.
SAND & GRAVEL DEMAND
There are two major incentives for sand and gravel operations to Rosemount. The resource is
such an integral part of development and road construction that the need cannot be overlooked.
Sand and gravel that is locally available helps to keep costs down. Secondly,the ability to re-
shape land for re-use enhances development prospects and provides an incentive against
abandonment. One can asstune that a sand and gravel pit in a developing area is less likely to be
abandoned than if it were isolated,well beyond the developing area.
- Mineral Extraction Report
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Dakota County is second only to Hennepin County in projected growth of demand for aggregate
materials as a result of the urbanization of the northern part of the county. A 1983 study
estimated that during a 25 year period ending in 2006, Dakota County had 1700 million tons of
sand and gravel and 798.7 million tons of crushed rock to meet a demand of about 65.3 million
tons. In 1988, 12 million tons of sand and gravel served the needs of the seven-county area. In
1987, 4.8 million tons of crushed rock were utilized in the metro area.
SUMMARY AND CONCLUSIONS
Obviously, Rosemount has an abundant supply of sand and gravel that is desirable for the region,
and especially Dakota County. If aggregate mining is prohibited,then the aggregate companies
will naturally go to other surrounding azeas (Empire and Vermillion Townships), with much of
the traffic and other impacts still affecting Rosemount. The information provided in this report
provides a background for further discussion, including the following next steps:
• City staff understands that the City Council's GOAL is "to manage appropriate land use
development for Rosemount with aggregate mining as a potential economic use of certain
land areas." If this goal is not accurate,then it should be redefined.
• ` City staff is asking the City Council to identify RESULTS that it wants to see for future
mining operations in Rosemount. In other words,to what extent and in what form is
aggregate mining(and associated processing) in Rosemount's future?
• City staff is asking the City Council to identify POLICIES that relate to limitations and
processes associated with the goal or issue.
• Finally, city staff is asking the City Council to identify BENCHMARKS that will direct
staff as to the next steps in this process.
ATTACHED EXHIBITS
1. Distribution of Sand and Gravel Deposits in Minnesota from A Review of Regulations
Regarding the Reclamation of Sand and Gravel Pits in Minnesota, DNR, January 1989.
2. Geological Resources map from the Geological Atlas,Dakota County, 1990.
3. Description of Mining Methods from A Handbook for Reclaiming Sand and Gravel Pits
in Minnesota,DNR,July 1992.
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4. Mining Plan Examples from A Handbook for Reclaiming Sand and Gravel Pits in
Minnesota, DNR, July 1992.
5. Guidelines for Designing an Aggregate Mining Operation from Sand& Gravel
Operations, A Transitional Land Use,National Sand&Gravel Association, 1977.
6. Factors Affecting Reclamation from A Review of Regulations Regarding the Reclamation
of Sand and Gravel Pits in Minnesota, DNR,January 1989.
7. "SG" Sand and Gravel District from the Apply Valley Zoning Ordinance, 1991.
FICaURE 1. DISTRI6UTION OF SAND AND GRAVEL DEPOSITS _ `�-
IN MINNESOTA.
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FICaURE 1. DISTRIBUTION OF SE O A D GRAVEL DEPOSITS _ `�_
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I { 06I OLM=,�0
IV � INVRG�Y ICOTTCNwOOJj�w�TO__�LVCL1tT• �StC� 1
i {� "_�_.—' —� I_�� :C:,v,i '
�?f ^_�� ��n :::.
I � � � ._,A�:•::ri �
<%f: i ;.:•'r.:f?
i�t:.� � I i��.�`'��+,'�'•�'• '�' WE4 fILLMOa! MOufTO
�•l::•� Cy'•:�•• 1�CrSOM MAtTiM fAII��JIT:,A.,.: ' '
tOC .
Source: Industrial Minerals in Minnesota: A Status Report on Sand,Gravel,and Crushed Rock. Sep-
tember 1979. Minnesota Department of Natural Resources,Division of Minerals. Page 16.
6
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- - ;
� Description of n?ini�methods
A description of mining methods is a broad discussion that addresses how the
gravel will be mined. The following list of questions indicates the kind of
information sought in a description. of mining methods. The list is not
exhaustive, nor will-every question apply to all mining operations.
• What is the gravel being used for? .
• How will the gravel bc mined?
' • What are the proposcd seasons of operation?
• What are the proposed hours of operation?
• How will gravel be uansponed from the site?
• What is the proposed route of transport and ultimate destination of
the gravel?
• What screening techniques will be used?
• How will topsoil bc reserved?
. • What methods will be used to score or dispose of brush, stripping
material, and overburden?
• What methodswill be used to dispose of oversize(i.e.,boulders)and
undersize (i.e.,finc sand) macerial?
• What erosion control measures will be used?
• How will dusc be controlled?
• Where will gravel resecves be stockpiled at the site?
� • Will mining intersect the groundwater table?
• Will the mining area be dewacered?
• Will water be discharged from the site?
• Will groundwater flow be alcered?
• Will any protected waters or wedands be altered?
• What processing mcchods will be used?
• Where will proassing facilities be located?
• What are thc proposed hours For the processing facilities?
• Will washing operations requirc water appropriations?
• How will chemical substances be stored on the site?
• How will acass bc controlled?
• Where will fences,gates and signs be located?
• How many people will be employed at the site?
• What rype of office facilities will be provided?
• What equipment will be stored on site and where will it be located?
• What environmental permits aze required for operation?
16 �
. �
. 1�,��I�1G, ��.�N �X�M�S . _- --
�y� r� � - � -
t�"`'�`�—���'� �'� �', �"d`,.t:C�:- . - _ � _
Figust 2a.
P/C»lttltlig bwianewnicecsdar EXISTI\GCO\DITIO\S
CO7SdttlO�ES. pas+ure
� � cuniva�ea . . .
• a�cvated
� �� !
wnd anC gravel -�; hawtnom suu�i wtra u,Car
operaUon � }tS
. �� - 3 .-!(�.::
i �
� .
�
• pasture 1 �
�
E �
�� upWnd sugar mapie- ��'�, (.� i
, whrte Grc� f �
pastura ; pastura � �� '
������ �� ��- .f I
�
� ahivated upanC wyar mapb-n0 i
oak iaro�ra:ca
sugar mapk-Mmbck i
. �� ��. LEGE!�D
` ..'
��� �cercearea
' i
1
• ',
Figust 26.
Staging of STAGI\G OF OPERATIO\S �
i
op�rationr. '
�
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w oy�v �
t
3 4 � i �
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�
�
�
�•��a� m � -- ' �
----�-
--�,.�__01 '
pannrg
LEGEND
7-Weratin9 s�pw�a �
�O
� f�
�;.��.�a�.u���'�E�� _ � � � a�..11y'7l�.�,�m ..
� . FiSu�a 2c. Pir
'�1 1BQf03f�'�'�"`� �A2 contours ancl
crotr ttdion. •
�: - '... ground�.aur heia �.�. ,�- .
N.a�.�.�«�o.�r�w�.w�
T � T A2
A1 . -
�� � �
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i
gi
6
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4
x
gk
4
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f
r
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E
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f
!
!
f
�� ^�"�� .� - � _ -
. . _ �i ���.�-.«�, �nz Figu�r 2c. Pn
contours and
---- y'�,°�c�r� ------- crorsr�ction. �
�
T � T A�
A1 �
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i` - _
� ,"
,� \ � * `" '
�"_ _ ����..�t�: `
� -: :
PIT CO\"1'OL•'RS A.��
CROSS-SECTIO\
Figurt 2d.
__ '. REHABILITATIO\PL.4\ Final
sadamation.
��
��� � ' .
1 _ 4 . i
— � �
� " 2 ' _
� � _
.• � i . , _s . .. .
' 4 ' 4 i • •
�� - -- i
���� '�+���.i
IEGEND
� 1-srtWl sMalbw pC�+C in .
pt fbor
2-yantlnp bwtard Yr.+�
specias
7-p�antingvanetyd - ,
up�an0 Ves W SNUD
SplCils
4—NNlil f!9lMRCW�
(Figusu 2a-2d ara from Micha[rki[1987J,Rrhabilitation ofPits and Quarria frir Fish and
Wildlife, Ontario Ministry ofNasural Raourca.)
21
� � �
� " Pr__ o j.ec�
� �D�l.l�l�� _ -�
�� _
Although each site presents its own unique set of physical circumstances, --
the "guidelines" for designing the operation are as follows:
Plan location of main plant,stockpiles,loading facilities and access
routes as remote from all adjacent property owners as possible.
�
3;
t'
,
� :
�
��
� �'
i
€
�
;
i
�
i
i
i
f
�
3.
s
�
" Pr__.oj.ec�
- �D���� __
��u _ �
Although each site presents its own unique set of physical circumstances, --
the "guidelines" for designing the operation are as follows:
Plan location of main plant,stockpiles,loading facilities and access
� routes as remote from all adjacent property owners as possible.
Take advantage of natural"screens" such as hills,trees and water-
QWays to isolate main plant.
0 Plant multiflora hedge and/or construct safety fence around perim-
eter of excavation site.
Grade back overburdea (top soil] around perimeter of excavation
� site to create sloping"planting berm" sight and sound barrier. Sow
. 'grass seed and start first stage of landscaping with trees and shrubs.
Remove overburden from main plant site to create low-profile plant
� area and plant trees around immediate main plant area.
Landscape main entrance and build a modest, attractive office
� building/weighing station.Construct solid,dust-free entrance drive-
way with gate enclosures. .
Back fill excavation face with overburden, creating gently sloping
vlake banks coacurrendy as the excavation progresses. Cover with
top soil,grade smooth,do final seeding and landscaping.
AMER(CAN AGGREGATE
82
5. FACTORS AFFECTING RECLAMATION - --- _
The purpose of this section is to identify the major factors affecting reclamation which were observed
during site visits,collected from surveys and literature review,or were presented by task force members
and others during meetings. This is not intended to be an exhaustive or exclusive list of factors.
Resource
• Occunences of sand and gravel range from scarce to abundant within broad re�ons of the state.
• Economic deposits of sand and gravel are often surrounded by lower grade uneconomic resource.
• Technologic advancements can change low grade resource into ecoaomic deposits.
Mining Activities �
• There are several nuisance factors often associated with active sand and gravel operations includ-
ing dust,noise,traffic,and hours of operation. These aze usually addressed througb.various per-
mits and ordinances.
• The cyclic operating nature of sand and gravel pits often results in extended periods of inactivity.
• For intermittently active pits,periods of activity are short compared to the periods of inactivity.
Interim reclamation measures are generally not taken during periods of inactivity. Dumping and
unauthorized use are problems.
• �Depleted pits are of most concern in terms of dumping, unauthorized use, safety,and need for
reclamation.
Safety and Environmental Impacts
• Sand and gravel pits often have highwalls.
• Upon abandonment and during periods of inactivity,pits can fill with water.
• Erosion,if not controlled,can cause sedimentation problems and increase suspended solid loads
in streams or lakes adjacent to pits.
• Ground water pollution is also a concern in pits that are highly permeable.
Regulations
• No comprehensive sand and gravel regulatory program currently exists at the state level.
• Regulation of sand and gravel pits is handled at the local unit of government. Most counties do
not have a special ordinance governing sand and gravei pits. Several counties do not regulate sand
and gravel pits in any way. Some cities and townships regulate in lieu of the county.
• Regulation of sand and gravel is often through the conditional use permit. Conditions may be sub-
jectively applied and may or may not address reclamation concems.
• Regulation varies widely from county to county and from municipality to municipalilty.
• Monies for enforcement of local regulations are often limited.
• Some local units rely on bonding to ensure compliance with regulations,however,bonding is dif-
ficult for operators to obtain.
35
• Often state-owned and operated p'�ts are not regulated by local units of government. `
• Intermittent�active pits aze not always covered through permitting procedures. _ _ -
. Regulations do not often apply to depleted pits because these pits were generally abandoned before
regulations went into effect. Operators are no longer available to perform reclamadon.
• Dumping is a chronic problem among all types of pits, particularly intermittently active and
depleted piEs.
. small operators and mobile crusher operators may have difficulty complYinB with reguladons.
• Long-range planning is an important element in reclamation. •
Reclamation Costs
• Reclamation costs for sand and gravel pits are difficult to predict and are site specific.
Economic and Management Perspectives
• Reclamation of sand and gravel pits is more likely to occur where other development is occurring.
• Reclamation does not occur because of fmancial constraints on the operator or landowner.
36
- Y • �� '�+� ���� . _- --
(3) Final site plans and landscapc schedCl�c'.�endationalto Cthee planning - �- _
the city staff for review and re _
commission and city council. These shall be scaled drawings and _
include all site detail. _
(d) Excavation permit Prior to approval of all details related to the "final development
plans," the city council may grant an excavation permit. (Ord. No. 291, § 2, 4-21-83)
Sec. A1-48. "SG" Sand and Gravel District.
Table of Contents
Sec. A1-48(a) Purpose
Sec. A1-48(b) Definitions
Sec. A1-48(c) Criteria for Zoning Approval
(1) Consistency with City Plans and Policics
(2) Fiscal Impact Analysis
(3) Size
(4) Access
(5) EnvironmentalImpacts .
Sec. A1-48(d) Permitted Uses
Sec. A1-48(e) Conditional Uses
Sec. AI-48(f) Notification Process
Sec. AI-48(g) Performance Standards
(1) Permit Required
� (2) Fencing Required
(3) Hours of Operation
(4) Soil and Water Conservation Review
(5) Setbacks and Height Limitations
(6) Slopes to Water Bodies
(7) Setbacks and Slopes Along Streets
(8) Setbacks of Access Roads
(9) Visual Screening
� (10) Weed Control
(11) Location of Driveway Acces�
(12) Paving'Acccss Roads
(13) Dust Control Standards �
(14) Noise
(15) Water Pollution
(16) Waste water
(17) Removal of Buildings
(18) Topsoil
(19) Landscaping
Sec. A1-48(h) Reclamation, Restoration, Rehabilitation
Sec. A1-48(i) Nonconforming Uses
Sec. A1-48(j) Penalty
(a) Purpose. The purposes of this scction are:
(1) To provide for the economical availability and remo�al of sand, gravel,
rock and soil vital to the growth of the city and the region;
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(2) To establish regulations, safcguardund aternquality andcot cr faco s _. �
noise, dust, traffic, drainagc, gro _
which will minimize the environmental and aesthetic impacts on mined __ _
or adjacent property;
(3) To reduce the potential for pollution caused by wind and soil erosion
and sedimentation;
(4) To establish the locations, orderly approval process, and the operatiIIg
conditions under which sand and gravel extraction and proccssing will
be allowed in the city; and to establish conditions which insure the
restoration of mined areas consistent with existing and planned land
use patterns; and
(5) To establish this sand and gravel zoning district as the only zoning
district where new sand and gravel operations will be allowed,
pursuant to city council approval of a conditional use permit and
annual council approval of excavation permits.
(b) Dcfinitions. Whenever the following terms appear in this ordinance, they shall have
the meanings assigned to them in this section.
Abandonment: The actual�v 1e1 a g'rading andyinstalled4eros onCcont ols consis ent2wi h
more excavated acres without co p
the approved end use plan. Such vacancy shall be conclusively presumed as intent to abandon
or vacate the site by the operator.
Completion of operations, notice thereof: A writte nn�oteratiolns Aft r the 18-month
eighteen (18) months prior to the completion of excavatio p
period, active and substantial excCur ton any ldefinable po tion of rthe p operty. and described.
C o m p l e t i o n o f o p e r a t i o n s m a y o c
Dust: Airborne, inorganic, particulate matter other than smoke or steam.
Excavation permit: The annual permit required of all excavation sites/ owners by Apple
Valley City Code Section 6-20.
Fiscal impact analysis: A comparative analysis provided by the petitioner (or prepared
by the city or its consultant and paid imr f o�ement costs of the pr posed lmining ope ati n and
of properry taxes, land uses and public p
the proposed "end uses" on the city�and nubl cnirnprovementt costs of de elopmen ton thel s te
impact property taxes and land uses P
if no mining would occur. All projections should be at present dollar value, excluding inflation.
Minerals: Nonmetallic material found in the earth including, but not limited to, sand,
gravel, rocks and soil, which may be covered by overburden.
Operator: Any person or persons, partnership or corporation, or assignees or any
associations, or persons either naturale ationsficial, including every public or governmental
agency engaged in sand and gravcl op
� Orerburden: Those matcrials which lic bctween the surface of the earth and the mincral
deposit to be mined.
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. Processing: Any activity which may include the crushing, washing, stockpili.ng,
compounding, mixing, or treatment of sand, gravel, rocks, or similar mineral produets isto_
consumable prod"ucts such as construction grade sand, gravel, concrete, asphalt,and other similar
products.
Reciamation, restoration, rehabilitation: To renew land to a self-sustaining, long term use
which is compatible with contiguous land uses and which process shall include. the re-
cstablishment of vegetation, soil stability and the eshebcith's comprehensive guide plan andlthe
to the intended use of the land in accordance with t Y
conditional use permit conclicions atlowing for excavation and/or processing on the site.
Sand and gravel opC�otn of sandsr gra els, rocks and�simi ah minegal pr dluctsprocessing,
excavation and/or produ
Stockpiling: Storage of processed or raw materials on the site of the sand and gravel
operation. Such operations may continue or be sold from the site for up to 18 months after
official written notice of completion of operations has been accepted by the city council. (From
the date of acceptance of the notice of completion, up to 18 months of final excavation, and
an additional 18 months of processing or storage may occur on the site. In no case shall the
period of final excavation and storage/processing exceed 36 months after acceptance of notice
of completion.)
Topsoil: That portion of the overburden which lies within the "A" and "B" horizon of soil
closest to the surface and which supports the growth of vegetation.
(c) -�Criteria for zoning district approval. In establishing a Sand and Gravel Zoning
Distri�t, the city shall f ind that: _
(1) Consistency with city plans and policies. The proposed district is
consistent with the text and maps of the Comprehensive Guide Plan
and the location is suitable in that the excavation, mining, processing,
stockpiling, or hauling of sand and gravel deposits will not create a
nuisance or exceed local, state, or federal safety and environmental
standards on the adjacent properties. The petitioner for a "SG" district,
at his sole cost, shall provide information to help determine said suita-
bility, including, but not limited to a completed zoning amendment
application; exhibits illustrating adjacent and on-site buildings and
land uses; existing elevations and percent of slope within, and three
hundred (300) feet beyond, the perimeter of the site; environmental
assessment worksheet or impact statements; and fiscal impact analysis.
(2) Fiscal impact analysis. Said fiscal impact analysis shall include two
types of projcctions:
i, A land use development scenario based on existing
comprehensive guide plan and zoning designations.
ii. An alternative scenario based upon the assumption that a
new "SG" district with a planned unit development end use
is approved. .
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• Each fiscal projection shall include estimates of all known public _
improvement costs; timing of dcvelopmcnt; new development valuations; _ �
total annual property taxes per typc of use; short term construction _
jobs, mining jobs, and estimates of permanent jobs to be created based ----
upon the end uses proposed and thc number of households, occupants
and school aged children that could occupy the site after completion
of each phase of end use development.
� (3) Size. The proposed "SG" district shall cover an area of at least twenty
(20) acres. (This limitation shall not apply when the tract of land is
contiguous to an active sand and gravcl operation, provided that both
tracts are being operated by thc same producer).
(4) Access. The sand and gravel district shall have direct access to non-
residential, collector streets or county roads of sufficient load carrying
capacity to serve traffic generated by the sand and gravel operation.
(5) Environmental Impacts. An cnvironmental impact statement (as
defined by Minnesota Environmental Quality Board Rules) shall be
completed for each gravel mining project proposed. The proposed
project shall meet the recommcnded standards provided by the
mandatory environmental impact statement. The responses and
recommendations of the environmental impact statement shall be
considered by the city council prior to any final action on a rezoning
request. The application for rezoning shall not be considered complete
until such time as final comment has been received on the adequacy
of the environmentat impact statement.
(d) Permitted uses. Within any "SG" district, no structure or land shall be used except
for one or more of the following uses:
(]) Limited agricultural pursuits, including the raising of crops and other
plant materials.
(2) Commercial greenhouses and nurscries.
(3) Accessory uses as permitted under subsection AI-34(d).
(e) Conditional uses. Within any "SG" district the excavation, hauling, mining,
stockpiling or processing of sand and gravel deposits and such buildings and equipment are
customarily incidental thereto, including concrete and asphalt plants, may be approved by the
city council through the issuance of a sand and gravel conditional use permit. Con'ditioas
regarding operations and reclamation/ rehabilitation may be attached to the conditional use
permit for the sand and gravel operation in order to assure compatibility with present and
future land uses. For purposes of cnforccment, conditions attached to said permit shall be
considered a portion of the city code.
(1) Within a sand and gravel district, any centralized processing, washing,
or crushing plant for materials such as sand and gravel, concrete,
asphalt or others shall be allowed only as a portion of a conditional
use permit. Said plant shall be locatcd in a permanent centralized
location within the cxcavation sitc. Exccpt where the applicant can
demonstrate that the plant caa mcet state and federal air and noise
standards at the project property liaes, the city council may require the
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-- - -- i
lant to be encloscd within a building with walls from floor _ � . �
processing p -
to roof (except for materials hea�eexchanges) inrorder todmeetaa'd — � '
roof (except for steam and
particulate and noise pollution standards.
(2) Portable, pit face crushing equipment may be approved as a portion of ,
a conditional use permit provided:
;, The location of the portable crushing equipment meets all
mining and/or excavation setbacks for the area in which
it is to be located.
ii. The top of the portable crushing equipment and all-
conveyor systems are placed a minimum of 15 feet below
the existing grade of the non-excavated pit edge or
constructed berm protected within the permanent setback _
f rom the property lines.
(3) Expansion of previously non-permitted, existing uses if compatible with
sand and gravel operations. .
(f) Notification Process. �
(1) In addition to the ?�°he°e�n this code,l notif cations oft the tproposed �
.-process required else
sand and gravel districCe°innthe offic al newspaper ofpthe city�and
� shali be published on ,
maited by the City ClW�han 3,600 feetaof t e proposed cental plant
city property owners
processing site or within 350 feet from the property lines of the
proposed district and sand and gravel conditional use permit,
whichever is greater. In addition, the city clerk shall notify each city
located within 350 feet of the property lines.
(2) The applicant shall supplY to the city clerk a certified list of all city
property owners ""iteet of6 he f property lines of the proposed�distri g
site or within 35Q f
and conditional use permit area, whichever is greater, and the adjacent
city clerk's business address, at least 30 days prior to the heaiing date.
At least 10 days prior to the hearing, the city planner shall pwhi h bare
hearing notice sign boards on all sides of the property
adjacent to a public right-of-way.
(g) Performance standards. In any "SG" district, the following performance standards
shall be observed: .
(1) Permit required. N� �nfo ed sand and g avel conditional use permit
un d e r t h e t e r m s of an app
with a planned unit development agreement for p hase d r e c l a m a t i o n
a n d p r o p o s e d e n d u ses of the land. Af ter issuance of said permits, the
applicant shall be subject to an annual excavation permi t i s s u e d b y t h e
city council.
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• (2) Fencing. A minimum six-foot high chain link type fence meeting _
Minnesota Department of Transportation standards for right-of-way `
fencing shall be constructed at the property lines at required fence _ _
setback lines along all property lines by the operator to control access _
to any excavation from adjacent developed residential property.
(3) Hours of operation. Hours of operation for excavation, processing and
truck hauling, which may be amended by the City CounciI in the
conditions attached to the conditional use permit, shall be as follows:
i. Areas less than 3,600 feet to residential areas. The
maximum hours of operations for excavation, processing
(except concrete and asphalt processing), and truck hauling
equipment in a sand and gravel district where these
activities are located closer than three thousand six
hundred (3,600) feet to the city's, or an adjacent city's
developed or zoned residential property which existed
prior to thc effective date of this ordinance and zoning
map amendment, shall be 6:30 a.m. to 5:30 p.m., Monday
through Friday unless otherwise stipulated in the approved
. conditional use permit based upon noise and air pollution
control mitigation measures.
ii. Areas more than 3,600 feet from residential areas. The
maximum hours of operation for excavation, processing
(except concrete and asphalt processing) and truck hauling
"� equipment in a sand and gravel district where these
activities are located farther than three thousand six
. hundred (3,600) feet to the city's, or an adjacent city's,
developed or zoned residential property which existed
prior to the date of this ordinance or map amendment,
shall be 6:00 a.m. to 6:00 p.m., Monday through Saturday,
unless otherwise stipulated in the approved conditional use
permit based upon noise and air pollution control
mitigation measures.
iii. Processing and Mixing Extended Hours. The maximum
hours of operation for concrcte and asphalt processing and
associated truck hauling equipment (not excavation or
crushing) in a sand and gravel district wherein -the
processing equipment is located in a centralized location
and within an enclosed proccssing building shall be 5:00
a.m. to 10:00 p.m., Monday through Saturday, unless
otherwise stipulated noise candprai Cdpolluton control
permit based upon
mitigation measures.
(4) Soil and Water Conservation and Watershed review and
recommendations. As a part of the original application for a
conditional use permit, and annually with the application for an
excavation permit, the applicant shall submit grading plans and phased
rehabilitation plans to the Dakota County Soil and Water Conservation
Service and to thc Vermillion River Watershed Management
Organization for review and recommendations. Said recommendations
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on the phased rehabilitation grading, soil and water retention plans `
shall_be reviewed annually by the City Council and may be included _ -
as a condition of the conditional use permit or thc annual excavation ___
permit.
(5) Setback and slopes to adjacent uses or zones.
i, Berm Heights, Setbacks from Property or Zoning District
Boundaries, and Existing Buildings - Daytime and
Nighttime.
Zoned or Used
For Housing, Commercial
Operation School or Park Industrial Road R-O-W
Min. Primary Berm Height
16 feet 8 feet Varies
Max. Secondary or Stockpile 40 feet 40 feet 40 feet
Berm Height
Crushing Plant 2600 feet 1000 feet 1000 feet
a) Permanent 1000 feet 300 fect 300 feet
b) Pit Face-Temporary
Concrete Plant 1000 feet 300 fcet 300 feet
a) In Enclosed Bldg. 2600 feet 1000 feet 1000 feet
b) Exterior �
Asphalt Plant 1000 feet 600 feet 600 feet
a) In Enclosed Bldg. 2600 feet 1000 feet 1000 feet
b) Exterior 600 feet 600 feet 600 feet -
c) Scrubber Ponds
Excavation/Mining at Pit Face 300 feet 200 feet 100 feet
Stockpiles 1000 �feet � 300 feet 100 feet
Truck Parking & Maintenance 1000 feet 300 feet 300 feet
ii. Adjacent to residentially developed or zoned areas,
excavation, minin8, hundredk(300) feelt to any�ct Y to
closer than threc .
adjaccnt city's residential or multiplc dwclling structure,
residential zoning boundary, or proposed residential
structure "pad", existing on the approval date of the sand
and gravel condi-tional use permit.
iii. Adjacent to non-residentially developed or zoned areas,
excavation, temporary crushing, interior concrete and
asphalt productioa, sedimentation ponds and stockpiling
without berming and vegetative buffering shall not be
conducted closer than three hundred (300) fect to the
boundary of an adjoining property line except to reduce
the elevation thereof in conforming to the adjoining .
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property, as stipulated in the conditional use permit. __
Exceptions: — --- _
- (a) In the past 18 months of operation, after filing and __� -
acceptance by the city council of a written notice of
intent to complete operations, the operator may complete
excavation and reclamation operations to within one
hundred (100) feet from any non-residential property line.
For a maximum of 36 months after the acceptance of the �
notice of inteni, the operator may stockpile and process on
the site, if not prohibited by other sections of this code.
(b) In the annual excavation permit, the operator may
request approval to complete temporary excavation and
temporary crushing to within one hundred (100) feet from
any property line. This activity may occur for up to one
year. The maximum height of any excavation, temporary
crushing equipment or temporary stock piles located less
than one thousand (1,000) fcet from the property line shall
be a minimum of eight (8) feet below the average height
of the adjacent berms within the 100-foot mandatory
setback.
iv. During excavation operations, the slope to the bottom of
the pit f rom the required setback line shall be no greater
than two (2) feet horizontal to one (1) foot vertical. All
�� non-protected or untreated soii banks, or pit bottoms of
excavation areas not excavated to a ground water depth,
. shall be left with a slope no steeper than ten (10) percent
except as specifically stipulated in the conditional use
permit or annual permit. Greater slopes may be permitted
if it is in conformity to the immediately surrounding area.
When excavation is completed on a section of the pit, all
excavated areas shall be completely graded and seeded in
conformity to the surrounding natural topography and in
accordance with the city's comprehensive guide plan and
the end use plan for the site. The grades shall provide for
sufficient drainage so that both natural and storm water
leaves the property at the original or natural drainage
points shown on the plan,except whcre otherwise designed
by the city engineer.
� (6) Slopes to f otm exca ationt shall be ehabilitated as followsorage areas
resulting
i. Any storm water pond constructed for interim or final
end uses shall have a minimum 100-foot natural plant
material shoreland buffer zone setback constructed by the
applicant as part of the reclamation of the site.
� ii. Storm water ponds shall have shallow water slopes of 10:1
to 20:1 in areas with less than three (3) feet of water
depth.
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iii. In man-made groundwater lakes, the bottom contour shall `
be gradually sloping from the shoreline to the deepest _ -
- portion of the water body at a maximum slope of six (6) ___
feet horizontal to one foot vertical (6:1) for at least one
hundred (100) feet from the proposed shoreline toward the
center of the water body. Beyond 100 feet in horizontal
distance, the slope of the bottom contours may be steeper
than 3:1 or as stipulated in the sand and gravel mining
conditional use permit.
iv. Shoreline slopes ascending from any water body shall not .
exceed one foot vertical to six (6) feet horizontal except
as stipulated in the conditional use permit or excavation
permit.
� (7) Setback and slopes along streets. Sand and gravel excavation, shall not
be conducted closer than one hundred (100) feet to the right-of-way
line of any existing or platted street, road or highway except: �
i. Excavation may be conducted within such limits in order �
to reduce the elevation thereof in conforming to a street
grade established by the city engineer, as stipulated in the
conditionai use permit for the operation.
ii. In the last 18 months of operations, after city council
�� acceptance of a written notice of intent to complete opera-
tions, the operator may complete reclamation grading
� operations within the 100-foot required setback to any
right-of-way property line. The final graded slope to the
bottom of the pit from the road right-of-way line shall be
no greater than three (3) feet horizontal to one foot
vertical.
(8) Setbacks of access roads. The mining setback area required may, in
part, be used for a central paved access road stipulated in the
conditional use permit.
(9) Visual screening. _
i. The minimum required setback area (see section A1-
48(f)(5) along all exterior property lines shall be bermed,
landscaped and planted in accordance with the terms and
conditions of the sand and gravel conditional use permit.
Within the rcquired sctback area, the 100 feet adjacent to
the property line shall be bermed (the "primary berm") to
a height of 16 feet, with a 2:1 slope and landscaped with
a seeded fiber mulched turf and coniferous tree scedlings
to a density of 800 seedlings per acre. All areas within
the required setback shall be landscaped with a seeded
turf within IS days of cxcavation.
ii. Processing plants and towers from crushing, concrete, and
asphalt plants shall be located at the lowest or base
elevation on the site. The height of the plant and towers,
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� and the base elevation shall be stipulated in the _ _
conditional use permit. Plants and towers shall be — �- _
_ screened with secondary stockpile berms not to exceed 40 _ ` -
feet in height.
(10) Weed Control. Weeds and other unsightly or noxious vcgetation shall
be controlled as necessary to preserve the appearance of the landscaped
area. Existing trees and topsoil along cxisting public rights-of-way
shall be preserved, maintained, and supplemented for the depth of the
setback or as stipulated in the conditional use permit or excavation
permit.
(11) Location of Driveway Access. All means of driveway access to a sand
and gravel operation from any street shall be so located and designed
as to avoid the routing of vehicles from the property over streets that
primarily serve abutting residential development.
(12) Paving Access Roads.
i. All aceess roads from a sand and gravel operation to any �
public roadway shall be paved with asphalt or concrete for
a distance of at least three hundred (300) feet to the
intersection with a public roadway to minimize dust
conditions. During the anaual excavation permit review,
the city council may require additional paving length, up
to six hundred (600) feet on any acccss road, if dust and
� truck tracking are identified as a problem by the city. All
- unpaved access roads shall be treated with a dust
retardant on a regular basis as stipulated in the annual
excavation permit.
ii. Soil tracking from truck hauling onto public roads from
the access road may also be reduced through improvements
required as part of the annual excavation permit. These
improvements may include, but are not limited to:
(a) Extension of the pavement length or width on the
access road.-
(b) Installation of a wash facility and wash rack.
(13) Dust Control Standards. All internal roads and acccss roads within the
sand and gravel operations shall be treated to minimize dust conditions
as stipulated in the conditional use permit or excavation permi� All
processing equipment shall be contained within a fully enclosed
building unless otherwise stipulated in thc conditional use permit and
meeting Minnesota Pollution Control Agency requirements. All
processing equipment not enclosed in buildings shall be surrounded by
berms at least 30 feet in heigh� All stockpiles highcr in elevation than
the permanent berms along property lines shall have pormanent
sprinkling/wetting equipment to rcducc wind crosion from the stock
pile.
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(14) Noise. _ �
i. - The maximum noise level at the perimeter of the site shall __` -
be within the limit set by the Minncsota Pollution Control
Agency and U.S. Environmental Protection agency. In no
case shall the noise level exceed SO decibels measurcd at
3,600 feet from the noise making cquipment or activity.
All. processing equipment shall be located in enclosed
buildings unless otherwise stipulated in the conditional use
permit and meeting Minnesota Pollution Control Agency
requirements. All processing equipment not enclosed in
buildings shall be surrounded by bcrms at least 30 feet in
height. All screens, hoppers, and conveyor belts shall be
non-metallic.
ii. Noise levels at specific setbacks shall not exceed the
following:
Eauinment 100 ft 1000 ft 2000 feet
Centralized Crushers 88 dBa 50 dBa
Pit Face Crushers 83 dBa SO dBa
Front End Loaders 81 dBa 50 dBa
All other Machinery 80 dBa SO dBa
(15) _Water Pollution. Operators shall comply with all applicable Minnesota
DNR and Pollution Control agency regulations and U.S. Corp. of
' Engineers and Environmental Protection agency regulations for the
protection of water quality. No waste products or process residue,
including untreated waste wash water, shall be deposited in any lake,
stream or natural drainage system except that lakes and ponds wholly
contained within the excavation site may be utilized. All human waste
materials shall utilize city central sewer disposal or sealed septic tanks
with monthly septic tank pumpings.
(16) Wastewater. Operators shall dispose of all wastewater used on the site
in a manner which will not adversely affect adjoining property and
shall use silting ponds or other means of disposing of the suspended
solids in the waste water as stipulated in the conditional use permit or
excavation permit and approved by the city engineer. -
(17) Removal of Buildings. Within a period of 81 months after filing letter
of intent to coinplete operations or within six (6) months after
determination by the council that the site has been abandoned by the
sand and gravel operation, all buildings, structures and plants
incidental to such operation shall be dismantled and removed by and
at the expense of the sand and gravel producer last operating such
building, structure or plant, or the owncrs of the property, unless the
structure or use is compatible with the anticipatcd ultimate use of the
property. All buildings, structures or plants not removed as required
by this section may be removed by the city with the costs for said
removal charged to the producer last operating on the property or the
owncr of the property.
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�
(18) Topsoil. `
i. Stripping of topsoil from either "A" or "B" soil horizons - _
shall be done only as used in the excavation and mining --
operations (i.e. area-wide stripping without vegetative
replanting shall not be allowed). Graded or backfilled
areas (or banks in ihe case of excavations made to a water
producing depth) shall be covered with topsoil to a
� minimum depth of four (4) inches as part of the
� reclamation process. Such topsoil shall be capable of
. supporting the growth of vegetation. The operator shall
'ther.
. ..� �� .
,
�
(18) Topsoil. -
i. Stripping of topsoil from either "A" or "B" soil horizons �_ -
shall be done only as used in the excavation and mining --
operations (i.e. area-wide stripping without vegetative
replanting shall not be allowed). Graded or backfilled
areas (or banks in the case of excavations made to a water
producing depth) shall be covered with topsoil to a
minimum depth of four (4) inches as part of the
reclamation process. Such topsoil shall be capable of
supporting the growth of vegetation. The operator shall
guarantee that either.
(a) All "A" horizon topsoil scraped from the site shall be
retained at the site and used as surface soil in permanent
berms or used for the restoration of the site; or
(b) p performance bond or other guarantee stipulating
that the operator will replace all of the topsoil (to a dcpth
� of 4 inches) needed for reclamation of the site is filed
with the original conditional use permit. .
ii. Other soil retention methods may be stipulated in the
conditional use permit or excavation permit.
(19) Landscaping.
• i. Upon replacement of the topsoil, trees, shrubs, legumes,
grasses or other ground cover, similar to Minnesota
Department of Transportation Mix #800, shall be planted
upon such areas in order to avoid crosion. Such
restoration shall be on a continuing basis as excavation is
completed. Berm, stockpiles, drainage channels and
setback areas shall be seeded within 15 days after the
completion of final grading. All culvert inverts and
outlets shall be sodded within 15 days after completion of
final grading.
ii. The applicant shall be responsible for final grading and
reseeding of all reclaimed land, including public parks
land. Seeding dates shall be between April 15th and
August 15th. Additional seeding dates may be approved
in thc annual excavation permit. On slopes greater than
696, seeded soils shall be mulched with a fiber or straw
hydro-mulch and tacking agent. On slopes less than 696,
a disk anchored straw mulch may be used. Soil erosion
fences, bales, dikes or combinations thereof shall be used
at the base of slopes greater than 129b. Staked fiber
blanket or staked sod shall be installed on all slopes
greater than 2:1.
(h) Reclamation, restoration, rehabilitation. The applicant shall comply with the
following time limits and standards during partial and complcte reclamation of thc sand and
gravel site:
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(1) At the time of initial application,and as an annual update is necessary `
during the review of the excavation permit, the applicant shall mcet _
the -requirements and procedures for a planned unit development _
(Sections A1-46 and A1-47) illustrating all present and future staged
uses proposed for a sand and gravel site undergoing reclamation. The
city may combine public hearings for the conditional use permit and
planned unit development end use plan. Each annual excavation
permit shall be attached to the original conditional use permit as an
amendment thereto. The city may require annual excavation permit
applications,that differ from the initially approved operations and end
use plans or from the conditional use permit, to be reviewed at a
conditional use permit amendment public hearing. Each annual
excavation permit shall contain � an end use
reclamation/restoration/rehabilitation plan for the area in which
mining has been completed for that year.
(2) All designated community collector street right-of-ways, county road
right-of-ways, and utility corridors approved as part of an end use
planned unit development shall be fixed in vertical and horizontal
location and recorded with the County Recorder as per the
requirements of the official mapping statutes (MS. 462.359) prior to the :
issuance of the first excavation permit for the site. The approved and
recorded official map may bc amended from time to time and re-
recorded after approval by the city councit.
(3) ��Water bodies and drainage plans.
� i. All proposed end use drainage, storage, surf'ace run-off
and man-made groundwater lakes or wetland plans are
subject to revicw by the Vermillion River Water
Management Organization. All groundwater lakes and
groundwater wetlands created as part of the end use plan
for a mined area shalt be subject to the city's shoreland
management ordinance. Such lakes, wetlands, and
developable lands within 500 feet of the shoreline shall be
classified as "recreational development" shoreland areas.
These areas shall adhere to ail shoreland setback criteria
listed in Section A1-49 in effect on the date of the
original conditional usc permit approval unless otherwise
stipulated in the conditional use permit.
ii. All drainageways from impervious surface5 of the sand
and gravcl end use plan shall be graded and drained in
such a manner to direct such run-off to surface water .
sedimentation and filtration ponds or wetlands prior to
release into any groundwater lake or wetland.
iii. Groundwater, lakes, and wetlands which are greater than
10 acres in water surface created as a part of the mining
excavations shall be graded to allow for end use public
pedestrian acccss systcros within shorelines designated for
public owncrship.
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.
� (4) Grading. As a portion of the planncd unit devclopment, the applicant _
shall submit grading plans, including two-foot contour intervals, _ �
illustrating the proposed final grades within the portion of the site - -
rehabilitated cach year with the application for an annual excavation ----
permit. All rehabilitation areas which are planned for land and
building uses (othcr than permancnt open space or agriculturc) shall
have a final elevation at least fifteen (15) feet above the normal
ordinary groundwater level; and, such areas shall be planned for
gravity connection to the city's municipal sanitary sewer or storm
sewer system or as approved by the city engineer. If a final elevation
plan for the site has not been submitted to the City Council for
approval within six (6) months after abandonment or completion of
operations, the city may contract to complete the grading plans and the
on-site earth movement and rehabilitation work and chargc thcse
engineering and construction costs to the applicant or current operator's
performance bond and assess the owner of the property for any costs
not covered by the performance bond.
(i) Non-conforming uses:
(1) Any sand and gravel operation existing and not in compliance with
previous city ordinances on the date of the adoption of this ordinance
shall be considered a non-conforming use until such time as the
property is zoned "SG", sand and gravel district.
(2) Any sand and gravel operation existing and in compliance with
previous city ordinances on the date of the adoption of this ordinance
. shall be permitted to continue subject to the following:
i. Such use shall not be permitted to expand its operation
beyond the limits of the permit under which it is
presently operating.
ii. Such use shall be immediately subject to the final grading,
landscaping, slopes, utility, and roadway performance
standards of this ordinance and shall comply with all
provisions within eighteen (18) months or upon city
council acceptance of a notice of completion of operations,
whichcver occurs first. If the completion of excavation
and operation is not completed by the operator, the city
may complete the restoration and utilize performancc bond
proceeds and assessment of additional costs to pay for
such work.
(,j) Penalty. Any person violating the provisions of Section A1-48 or any permit issued
therefrom, shall be guilty of a misdemeanor and shall be subject to the penalties listed in City
Code Scction 1-8 and/or shall be subject to revocation of all pertincnt permits. Yiolations of
conditions stipulated in a sand and gravel mining conditional use permit shall be considered
as violations of the City Code and are subject to the penalties listed in Section 1-8 of the Code.
77
"• -- - -
v
Sec. A1-49. "SH" Shoreland district. ` -
(a) Purpose. .
(1) The shoreland overlay district is a "zone-on-zone" district intended for
those areas where additional or more stringent regulations are
necessary to provide adcquate environmental protection of protected
waters. Such shoreland overlay districts exist in addition to another
zoning district as designated on the city's zoning map. In the case of
overlapping or conflicting regulations, the more restrictive regulation
shall apply.
(2) In order to guide the wise development and utilization of shorelands
of protected waters for the preservation of water quality, natural
characteristics, economic values and the general health, safety and
welfare, all protected waters in the city have been given a shoreland
management classification by the Minnesota Commissioner of Natural
Resources as follows:
Recreational development lakes and streams:.
Alimagnet Lake
Moeller (Long) Lake
Farquar Lake
.(3) The shorclands of the city are hereby designated as a "SH" shoreland
overlay district.
(b) Permitted uses: All permitted uscs allowed and regulated by the applicable zoning
district underlying the shoreland overlay district as indicated on the city's zoning map except
as restricted in subsection AI-49(e).
(c) Permitted accessory uses: All permitted accessory uses allowed and regulated by
the applicable zoning district underlying the shoreland overlay district indicated on the city's
zoning map.
(d) Conditional uses:'
(1) All conditional uses and applicable attached conditions allowed and
regulated by the applicablc zoning district underlying the shoreland
overlay district as indicated on the city's zoning map except as
restricted in subsection A 1-49(e).
(2) Boathouse construction when a permit for work in the beds of
protecied waters has been issued by the Commissioner of Natural
Resourccs. Such structure is not subject to setback requirements from
the high water mark.
(e) General provisions:
(1) Recreational development waters setback and area requirements:
78
x � m -
Fossibie'�ove�,�A s >�ence chaingici�s�,�`� ,�.YF��`��,
�For�h�uest�F�ures' �ede�a� �[edtt Univn �s tonsf�erFr�g ��he Lake�u�il� F�ig� Sc�io����18�ces �}�;�p
,
�� I�e Eravel�n tct t�ie �tat�oz�a� �iz� tit
�navtng � headquaFters ,from Bloor��ngtorz tc� A.ppte 8 ��
Y���e}� . ..::< ;::�: � r;�
w�rtr#i�g �ts�fth sira�gEtt state ttt�e r
;,..: .. . .. _ _ ... ... . ..
_.. ..,
__
_ _ r�:
-� DAK4TA COUNTYi:=:
�� _-. - ��:�� �
�� Thursday Morning; Api
�O��"HU�iDE�Eb ANQ��CfEENTH YER�;. . ., ;: ;; SURNS�LL���tItP�1�ESQT�
Fischer cuts back scope _ � �. � ; -
of mining activities near ` _
the AV/Lakeville border
By.SARA PETERSON part of the site. T'he mining
will be done to match grades _
' A controversial proposal to with the adjacent property and
mine sand and gravel near the to prepare the land for future
Apple Valley/Lakeville border mixed residential development.
has been dramatically reduced Fischer estimates this will take
in scope. two to four years.
Fischer Sand and Aggregate The mining activity will in-
had originally proposed to volve the use of a portable
mine about 54 acres of a 68- primary crusher and screener,
acre site located north of 160th which will be operated at the
. Street West and a half mile pit face. The crusher and �.��
west of Pilot Knob Road near screener will move �vith the
the Regatta development. extraction process, which is
` However, due to concerns from proposed to move from east to ;" �,.. ; ��� �,;,.�y
nearby residents and city ofti- �vest on the site. All processin' � �
cials, those plans have been will take place at an existing ��'
cut in half. Fischer altered its facility operated by Fischer
mining activities to about 25 just north of the site. The mate-
acres, which will be located rial mined will be transported
further away from residents. to the existing processing facil-
"We would prefer that no ity via a conveyer. No truck �;.,� ;�;;'` .�,V,;�
mining would happen at all, hauling �vill occur. ;;�.���*~�`� ,��= '
but we think this is the satis- Mining on this site has �,�,'� N���`�
factory result," said one Re- caused controversy for nearly a One last ru'n
gatta development resident. decade. The site was included .
Fischer will mine two spots in a 1989-90 Environmental MIKE UTLEY of Farmington p�
— the extreme northeast 16 Impact Statement (EIS) for the races held March 27 at Buck F
acres and an 8.8-acre parcel during the two-day event. Phot�
located in the lower northeast (See Fischer, p.11A)
i
AV's `spring celebration' party causes_
� Foundation....... . ....................... P�Y
. . ��.�
' (Continued) in order to warrant an EIS. M�;�
(Continue�
o in older eo le first," Consolidated End Use Conce t u t��
v � p g p p P - This proposed request as a disassoctate
plan for new and existin sand stand-alone j ' ' ��
Chaya said. S pro ect does not from'tbe;na�
He said his wife has started and gravel mining activities in meet the threshold for a man- the z a�Alt
. •-,.-,;,.
an English-language group for Apple Valley, according to datory EAW of EIS," Love ace committee.=c
several Hispanic workers she City Planner Tom Lovelace. said. was'foiin�
�.,,,._..
met while managing a The EIS addressed groundwa- Lovelace said investigation and�find"`spc
- McDonald's restaurant . in ter, surface water;�soil erosion, determined that �the� mining cil�membei:
Burnsville. noise, visibility, air -quality, will be far. enough away,from Was�being�s
"In the beginning, it was just, transportation, economics, em- r�idents not to cause any mayor��and,
`How do you make Quarter ployment and sociological im- health hazards,_ particularly unethical�to
Pounders and Big Macs?' " he pacts. from silica dust. � butions�.fro
said. "It was McDonald's Eng- Last December, Lakeville In an effort - to beef up Williams�Pi�
lish, . but now they want to city officiats requested that a Fischer's required performance "(The may
learn more." supplement to the 1989 EIS be standards, Apple Valley added of the coma
White Dove numbers 34 vol- prepared to address the impact . more conditions to the draft it's just a re
unteers, has received donations of this proposal. Lakeville was conditional use permit. Fischer cause `when
- from American Express Finan- concerned about possible will not be allowed .to mine goes out and
cial Advisors employees grants health risks m�ning could pose below the site's water table; sends all ki
and is seeking other funding for its residents south of 160th will need to provide a legal Erickson sai
sources. White Dove has raised Street. separation of the property to be can of worm
more than $17,000. Chaya However, in a letter dated mined; mining and restoration Ericksoti �
� hopes to raise $300,000 over March 25 to Apple Valley city must be completed by Dec. 31, might have
� three years. officials, Lakeville city off- 2003, or two years from the � give to-the
' That would fund two other cials backed Fischer's revised commencement of mining on mayor was t
iplanned projects: a patient- proposal stating that "this is a the site; no truck hauling will might have
' rehabilitation center for poor substantial improvement and be allowed; and no access will retum.
� people, possibly in New Delhi, will reduce the environmental be allowed off of 160th Street. "Perceptio
. � India, and "Master's Work- impacts." Lakevi(le said it The Apple Valley City tics," Cour.
bench," a professional training would support the proposal if Council approved several mo- Goodwin sa:
program to complement the Apple Valley coutd assure that tions related to this matter. The it's bad, it's
'language tutoring. no further mining would occur council adopted a draft resolu- Hamann-R
' "Our goal is to look at places on the site in the future. tion determining that there is that the pa�
across the world that are in Fischer has said it plans to no need for a supplementat •about 2,000
those kinds of need," Chay build 50 single-family homes EIS. The council also adopted community:
said. and 139 townhomes once min- a draft resolution approving the not a city-sF
. ing is completed. submittal to the Metropolitan said there �
"Building homes is a lucra- Council of a Comprehensive interest .on
� Local legislators tive business and we have a Plan Map amendment to add she threw_th
f miner who is also a devel- the "Temporary Sand and to the comir.
� author civil �� "I tliink�th
oper," City Council Member Gravel Overlay designation to realize`that
� justiee reform bill Tom Goodwin said. "I don't the 25 acres rather� than the ;�,-,
think they're going to keep originat 68 acres. As a result, �n �uch;�wi�
Under a bill co-authored by commtini_ ,
mining because it's simply not Appte Valley witl withhold re- �3'
Rep. Tim Pawlenty, R-Eagan, in their best interest. I'm tick- zoning the property from agri- elected�me
.,..,:,
and Sen. Deanna �Wiener, �ed pink with the way this has cultural to sand and gravel un- communt4y
DFL-Eagan, the state's legal come.out and I think they'll til the Compcehensive Plan strengtheri�t:
. system would be reformed. come back in two-years with amendment is�approved by�the � Hamana-R
applications to build homes. Metropolitan Council. Valley�resid
Senate File 282, a bill to re- ^ -��
form Minnesota's joint and ��elace said mining opera- The council's final motion she�vas;�on
several liability law, would tions on sites less than 40 was to direct staff to prepare a that:�icy..
reform doctrine in those areas �""'�
acres do not require an Envi- draft conditional use permit to com nni _
where any defendant, found 16 ronmental Assessment Work- allow for sand and gravel min- �.�a' _�
, � percent at fautt for injury or sheet (EAV�• He added that a inS•. ' . ' _ � � _ : � ' ��
�.
loss, woultl be forced to pay site must be 160 acres or more _ • :Ho f �
100 percent of a damage � ' � � - '�� �� �m�m �
award. --� . . . . . - . __ T __�,
The proposal would adopt the . . :` -.'�,s �`.� , : �. ��.�
,j;
• Q
Wisconsin model, which would Fischer................................�.... ��`. �
. a '�r � .�'.. N, ... . a, f--. JYya�fQ
" raise the joint and several� li- �����������j "s�� �p�v_etpents -would..not � an�""` - I
ability threshold and would re- • - -- � �_
quire someone to be at least 51 �e six-story Hampton.Bank ts �be able to oocur "but,fo�'TIF . i
percent at fautt before they the tallest�butlding m WaL un�;�� �mP�.Y�WO�d apply for .=�5 :
<:'FIF d�� �the .tEconomic - o
could be held 100 percent. li=� mediate area- ;; .�.. �' � - s:• � .,. > - . H'
The NWA Federal Credit Un `Groww�hsh Partnership Committee _ �pa� f
able for damages. Those found � a -
r� t,P iP« than 51 oercent at ion building would bo�;-loca�ad '.MThe,city,expgcist�to 'condnct �Y��s
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