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Home My WebLink About07H Aggregate Industries 2017 Mining Permit CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2017-XXX RESOLUTION APPROVING THE 2017 MINING PERMIT FOR AGGREGATE INDUSTRIES, INC. WHEREAS, Aggregate Industries – North Central Region, Inc. has made application for their annual mining permit to excavate and process aggregate material on Lower Grey Cloud Island on the property legally described as: NE ¼, SE ¼, Section 31, Township 27, Range 21, South along Grey Cloud Trail W ½, SE ¼, Section 31, Township 27, Range 21 E ½, NE ¼, NW ¼, Section 31, Township 27, Range 21 South along Grey Cloud Trail W ½, NE ¼, NW ¼, Section 31, Township 27, Range 21 South along Grey Cloud Trail NW ¼, NW ¼, Section 31, Township 27, Range 21 S ½, NW ¼, Section 31, Township 27, Range 21 E ½, SW ¼, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N ½, NE ¼, Section 36, Township 27, Range 22 S ½, NE ¼, Section 36, Township 27, Range 22 N ½, SE ¼, Section 36, Township 27, Range 22 Lot 2, Section 36, Township 27, Range 22 Lot 3, Section 36, Township 27, Range 22 SE ¼, SW ¼, Section 25, Township 27, Range 22 NE ¼, NW ¼, Section 36, Township 27, Range 22 S ½, NW ¼, Section 36, Township 27, Range 22 NW ¼, SW ¼, Section 36, Township 27, Range 22 N ½, SW ¼, SW ¼, Section 25, Township 27, Range 22 S ½, SW ¼, SW ¼, Section 25, Township 27, Range 22 NW ¼, NW ¼, Section 36, Township 27, Range 22 NW ¼, SW ¼, Section 36, Township 27, Range 22 N ½, NE ¼, Section 35, Township 27, Range 22 S ½, NE ¼, Section 35, Township 27, Range 22 SE ¼, SE ¼, Section 26, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 Lot 3, Section 6, Township 26, Range 21 Lot 2, Section 6, Township 26, Range 21 Lot 1, Section 6, Township 26, Range 21 N ½, NW ¼, Section 5, Township 26, Range 21 Lot 4, Section 5, Township 26, Range 21 Lot 3, Section 5, Township 26, Range 21 N ½, NE ¼, Section 5, Township 26, Range 21 Lot 2, Section 5, Township 26, Range 21 Lot 1, Section 5, Township 26, Range 21 Lot 1, Section 4, Township 26, Range 21 NE ¼, SW ¼, Section 36, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 City of Cottage Grove, Minnesota City Council Resolution 2017-XXX Page 2 WHEREAS, the applicant proposes to continue mining activities and operation at property located at 11250 Grey Cloud Trail South; and WHEREAS, the applicant intends to mine and process approximately 600,000 tons of aggregate materials in 2017; and WHEREAS, a notice of application was mailed to neighboring property owners informing them that the Planning Commission was scheduled to review the application at their meeting on January 23, 2017; and WHEREAS, the application requests a variance to the standards of the sand and gravel ordinance to allow 24-hour operation seven days a week; and WHEREAS, crushing operations are proposed; and WHEREAS, the applicant was present at the meeting and no one from the public spoke for or against the permit application; and WHEREAS, the Planning Commission unanimously (6-to-0 vote) recommended approval of the mining permit at their January 23, 2017, meeting. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, grants a variance to the standards of the sand and gravel or- dinance that the extended hours of operation are not in conflict with the purpose and intent of the Comprehensive Plan and Reclamation Plan and shall not cause any adverse impact to public health, safety, or general welfare, based on the following findings of fact: A. The city has allowed the dredge to operate 24 hours per day seven days per week since 1995 when the dredge was first installed. B. Since the dredge has been operation, only one noise complaint was received by the city. That complaint was received in 1996. The applicant was contacted and the problem was resolved in a timely manner. C. Residents are encouraged to immediately contact Aggregate Industries of any noise issues so that the problem can promptly be identified and mitigated in a timely manner. D. The variance relating to the hours of operation will be evaluated annually. BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, approves the request by Aggregate Industries – North Central Region, Inc. for a mining permit ending January 31, 2018, subject to the following conditions: 1. The provisions as stipulated in Title 3, Chapter 10 of the City’s Codes (Mining, Sand, and Gravel Operation) shall be complied with, except as modified below. City of Cottage Grove, Minnesota City Council Resolution 2017-XXX Page 3 2. The applicant is responsible for removing any materials that their equipment and/or trucks may have spilled onto any public roadway. This material shall be cleaned up immediately. 3. The outer limits of their mining operations must be a minimum of 100 feet from abutting public right-of-way, private property, or any archeological sensitive area. 4. The “future mining” designation on the 2017 Operations Plan is only an illustration of the applicant’s future desire to mine in those areas. City approval of the 2017 Operations Plan does not guarantee mining permit approval for areas shown as “future mining.” Approval of the 2017 Mining Permit does not approve their ability to mine within the required 200-foot setback from the Mississippi River, within the Mississippi River itself, or in the vicinity of archeological sensitive areas. 5. Bituminous/asphalt, concrete, and street sweepings originating within the geographical boundaries of Cottage Grove may be temporarily stockpiled on the site for processing (e.g. crushing, screening, etc.) and/or reuse. Bituminous/asphalt materials are prohibited from being buried on the premises. 6. The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night-time operations (i.e. between the hours of 10:00 p.m. and 6:00 a.m.) are disturbing, the applicant agrees to voluntarily cease operation during night-time hours until such time the noise source is identified and appropriate corrections are made. 7. Aggregate Industries must install erosion control devices at the base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to control run-off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be implemented within a reasonable amount of time. 8. Archeological and landmark sites as identified in the burial mound group known as 21WA9 and the recorded Grey Cloud Townsite 21WA48 on Lower Grey Cloud Island must be protected and undisturbed. 9. All archeological, landmark sites, and existing burial mounds must be protected from being damaged or adversely impacted from vehicles or equipment traveling in the vicinity of these historic sites. 10. The applicant is responsible for obtaining all state and federal permits relating to their mining operations on Lower Grey Cloud Island. 11. The applicant’s current reclamation plan is titled “Harbor Island Concept Plan.” The City has not provided any formal review or approval of the “Harbor Island Concept Plan.” This concept plan is only an illustration of a development concept that the applicant and landowner have considered. The City’s approval of the 2017 Operations Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan. City of Cottage Grove, Minnesota City Council Resolution 2017-XXX Page 4 12. The Oak Savanna Reclamation Plan, Revised 9-3-10, is still valid. If a prescribed burn is scheduled, the applicant must notify the City and property owners on Lower Grey Cloud Island a minimum of five business days before burning. A burning permit from the MN/DNR is required. All oak plantings within the designated oak savanna groves must be replaced with new oak trees and watered during dry conditions to promote their survival. 13. As the Oak Savanna Reclamation Plan is implemented, the applicant must continue to update the City on the effectiveness of the reclamation and restoration activities, particularly how many acorns are planted and how many oak seedlings are growing. If the survival number of trees is low, then another tree planting alternative will need to be discussed. 14. Depositing fill materials within the floodway and floodway fringe (below the 700 foot mean sea level elevation) is prohibited. Passed the 1st day of February 2017. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk