5.1. SR 09-07-2004 - Laserfiche WebLink

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Issues: Traffic - The gravel mined from the site is currently delivered to the Elk River Bituminous site via an easement across private property owned by Aggregate Industries. Traffic from the new area (Phase 4) will be accommodated the same way. Section 10 of the attached CUP has additional stipulations on traffic. Groundwater - Mining into the groundwater raises additional concerns. Matt Ledvina, City Environmental Consultant, addresses these concerns in his attached letter. Environmental Spill Plan The petitioner's Environmental Spill Plan will be revised to address Mr. Ledvina's issues, e.g. identifying refueling locations. Ground Water Monitoring Plan The Ground Water Monitoring Plan will be revised to include monitoring for pH, temperature and conductivity as well as Diesel Range Organics. Staff does disagree with Mr. Ledvina regarding monitoring all three wells at the site, however. Staff recommends that only the down gradient well located in the southeast corner on the site be monitored (MW1). Incidents of contamination will be known. Section 17 of the attached CUP has a condition that allows additional wells and additional testing events, if needed. National Pollutant Discharge Elimination System (NPDES) The existing NPDES permit for the operation that has been revised and approved by the Minnesota Pollution Control Agency, which includes an updated Storm Water Pollution Prevention Plan (SWPPP) that reflects the proposed Phase 4 mining area. Wetlands - The Technical Evaluation Panel, charged with reviewing wetland issues for compliance with the Wedand Conservation (WCA) Act is recommending approval of both the wetland impacts and wetland mitigation for the operation. Section 9d of the attached CUP requires monitoring of the wetland mitigation, which is to be secured by a letter of credit. A dollar figure to cover the restoration has yet to be determined. A decision on the WCA issues is a separate agenda item for this meeting. The proposed wetland restoration plan is based on the premise that the groundwater level incurred is not a perch water table. If information to the contrary is discovered, the Operation shall cease uno new mining and restoration plans are submitted and approved by the City. Setbacks - Normal setbacks for a mining operation in the City of Elk River are 50 feet, but they can be increased if the pit is adjacent to a sensitive land use or reduced if adjacent to another mining operation. The new area proposed to be mined, Phase 4, is bordered on the north by Ernie Toth's property, which is currently being mined by Bauerly Bros. Staff is recommending the petitioner is allowed to mine to the property line and that this area is restored to 4 to 1 slopes. It may be a long time before the Toth's property is mined or it may never be mined. Either way the 4 to 1 slopes suffice. To the south and east, Phase 4 will tie into the proposed J & B