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.^~/ <br />City of <br />Elk -~-1 <br />River <br />REQUEST FOR ACTION <br />To <br />Plannin Commission Item Number <br />5.1 <br />Agenda Section Meeting Date Prepared by <br />Planning Items August 14, 2007 Rebecca Haug, Environmental <br /> Administrator <br />Item Description Reviewed by <br />Consider a request by Tiller Corporation fox a Conditional <br />Use Permit fox Mineral Excavation, Case No. CU 07-22 <br />Action Requested <br />Staff supports a Planning Commission recommendation of approval of the request with the following <br />conditions: <br />1. Traffic from the operations area will access the new alignment of County Rd 33 with the <br />majority of traffic generated from the existing operation area head east to US Hwy 169. <br />Proctor Rd and County Rd 33 west of the exiting operation will only be used for local <br />projects. <br />2. The site must operate under a Minnesota Pollution Control Agency (MPCA) NPDES permit <br />for gravel mining facilities and a Stormwater Pollution Prevention Plan be implemented <br />3. Watering on-site gravel haul roads must be done to reduce dust <br />4. Fifty-foot setbacks from property lines and right-of--ways that are not adjacent to other <br />mining areas must be maintained. <br />5. Along Proctor Rd, a setback as determined and marked by the Sherburne County Forester <br />must be maintained and in no instance will the setback be less than 50 feet from right-of- <br />way. <br />6. The site must be graded in accordance to the reclamation plan <br />7. Operations must be in compliance with all State noise standards <br />8. Mining and crushing will be conducted between 7:00 a.m. to 7:00 p.m. Monday -Saturday <br />9. Topsoil will be retained on-site and used to create screening berms <br />10. Active slopes to be approximately 1.5:1 and finished slopes not to exceed 4:1 <br />Background/Discussion <br />Tiller Corporation (Tiller) and its operating division Barton Sand & Gravel Co. are requesting a <br />Conditional Use Permit for Mineral Excavation on a parcel of propexry adjacent to existing sand and <br />gravel mining facility also operated by Tiller. The property encompasses 36.6 acres however; the <br />applicant is only proposing to mine the northern 19.53 acres as illustrated on the attached map (Exhibit <br />A). This proposed mining area is adjacent to property that was included in the 1994 EIS Gravel Mining <br />Study. This spring, the applicant completed an Environmental Assessment Worksheet (EAW) which the <br />Ciry Council on June 18, 2007 declared that the preparation of an Environmental Impact Statement is not <br />necessary. <br />Public meetings were held on Wednesday, September 13, 2006 and Tuesday, July 17, 2007 to answer <br />questions the public had in regards to the proposed Conditional Use Permit. There were seven (7) <br />residents in attendance at the July meeting and approximately nine (9) households were represented at the <br />C:Alloeuments and SeCtings'\jmiller\Local SettingsV'I'empocary Internet Files\OLK3l;AREQUIsS'I' COUNCIL ACTION tiller.doe <br />