4.2.b PCSR 12-10-2013 - Laserfiche WebLink

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Elk Request for Action River To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearings December 10, 2013 Jeremy Barnhart, Deputy Director, CODD Item Description Reviewed by Request by Plaisted Companies for a Conditional Use Permit for Mineral Excavation to mine Reviewed by approximately 120 acres, Case No. CU 13-12— Public Hearing Action Requested Staff recommends approval of the mining operation as described in the applicants narrative and the wetland mitigation plan as illustrated on the series of drawings dated November 18,2013,with the following conditions: 1. The applicant shall execute a Conditional Use Permit Agreement outlining the terms and conditions of approval of the mining operations. 2. A mineral extraction license shall be obtained annually. 3. The haul route shall be improved to a compacted gravel surface acceptable to the city engineer. 4. Safety improvements as required by MnDOT shall be completed at 215th prior to hauling. No hauling via 217th or 219th is permitted. 5. A letter of credit in the amount of$155,318 shall be provided to ensure wetland mitigation is completed for the 155,318 sq ft of impacted wetlands. 6. Approval of this Conditional Use Permit shall expire if activity has not commenced within 2 years of the date of approval,or if the uses ceases for a period of 6 months or longer. Failure to obtain an annual license will be evidence of cessation of use. 7. Setbacks of 25 feet from north and south property lines,and 50 feet from east and west property line shall be maintained. No mining activity shall be permitted within without staff approval. 8. Buffering and or screening shall be installed when directed by the City. Overview Plaisted Companies seeks conditional use permit approval to mine peat and gravel out of approximately 120 acres north of 219th near its intersection with Highway 169. The 120 acres encompass two 60 acre projects approved in 2004, the Schuer Mine and the J and B mine,both since abandoned. The environmental assessment for both projects have been approved in 2004,and the properties are appropriately zoned for mineral extraction. Background/Discussion In 2004,the City approved CU 04-21 for the eastern portion of the project (J&B) and CU 04-23 for the western portion (Schuer). These approvals have since expired because mining operations have ceased for a period longer than six months. Much of the eastern portion of the project area is wetlands. The peat in these areas will be mined and used in the production of soil amendment materials off site. The excavated wetlands will be mitigated to a variety of wetland features,including open water. The Wetland Mitigation Plan is consistent with the fa . tirtiiiil INA