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01-02-07 PCNORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners(b.)nacpla nning. com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Pouliot Gravel Mining CUP REPORT DATE: 27 December 2006 NAC FILE: 176.02 — 06.27 BACKGROUND Eagle Trucking Inc. has submitted plans for excavation of gravel from the 100 acre proFerty owned by Randy and Karen Pouliot located northwest of Mason Avenue and 83` Street. The proposed excavation would occur in phases to remove gravel from the hill straddling the west property line of the subject site. The Comprehensive Plan guides the subject site for future low density residential development within Urban Service Expansion Area W1. The subject site is zoned A-1, Agriculture Rural Service District and the Shoreland Overlay District of Otsego Creek. The current use of the property includes a dairy farmstead and tilled crop land. Excavation of more than 50 cubic yards of material from a site within the A-1 District requires a conditional use permit when not related to a development plan subject to other zoning or subdivision approvals. Chapter 24 of the Zoning Ordinance establishes specific performance standards applicable to gravel mining operations. The City Engineer has drafted a technical review of the proposed gravel mining operation relative to the requirements of Chapter 24 of the Zoning Ordinance. ANALYSIS Zoning. The subject site is zoned A-1 District. Gravel mining is allowed in the A-1 District as a conditional use subject to the performance standards outlined in Section 24 of the Zoning Ordinance. The City Engineer will review the technical aspects of the mining request for compliance with the requirements of Section 24 of the Zoning Ordinance. Evaluation of the request by the Planning Commission and City Council is to be based upon (but not limited to) the following criteria established by Section 20-2- 41 of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The subject site is guided for future urban low density residential uses when the west sanitary sewer service district is expanded to include Urban Service Expansion Area W1. This is not likely to occur for 10 years based on current land absorption rates. In the interim, the Comprehensive Plan guides interim rural land uses consistent with the A-1 District. Gravel mining is an allowed use within the A-1 District and therefore deemed to be an appropriate activity subject to compliance with applicable performance standards. Section 24 of the Zoning Ordinance also requires submission of a restoration plan to ensure that the mining of the site will not preclude planned future development served by gravity sanitary sewer and water services. Gravel deposits are an important geological resource needed to support regional growth primarily in the construction of streets and major roadways. If local gravel resources are not excavated prior to urban development, new sources of gravel must be found farther outside the City and region. This increases costs of development for all concerned. As such, excavation of gravel prior to development is good policy provided that the activity is regulated so as not to negatively impact the natural environment, surrounding land uses or existing roadways. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The subject site is surrounded by the following proposed/existing land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Agricultural fields Rural Single Family East LD Residential A-1 District Agricultural fields Rural Single Family South LD Residential A-1 District Agriculture fields Farmstead West LD Residential A-1 District Agriculture fields (school district property) Primary compatibility issues associated with the proposed use are noise, dust and traffic generation. Phased excavation of the site, requirements for erosion and dust control, restriction of days and hours of operation to Monday through Friday, 7:00 AM to 7:00 PM and Saturdays 8:00 AM to 5:00 PM in accordance with the Engineering Manual and designation of allowed haul routes and conditions for use of City streets will serve to mitigate the impacts of the gravel mining use to surrounding properties. 2 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The applicant must demonstrate compliance with Section 24 of the Zoning Ordinance, subject to review and approval by the City Engineer. 4. The proposed use's effect upon the area in which it is proposed. Comment: The mining activity will allow for utilization of the gravel resource prior to development of the subject site and area minimizing compatibility issues in the future. Given the value of the gravel as a commodity, excavation of the material was likely to occur even in the future as part of any development proposal for the site. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values given that gravel mining is an allowed use of the A-1 District and conformance with Section 24 of the Zoning Ordinance regulating gravel mining uses will be required. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: Feasible options for hauling from the subject site include 83rd Street to Nashua Avenue to CSAH 39, or 83r Street to MaclverAvenue to CSAH 37. The haul route for trucks enteringAeaving the site and conditions for use of City streets are subject to review and approval of the City Engineer. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment. The proposed use is not anticipated to have a negative impact to the City's service capacity subject to compliance with Section 24 of the Zoning Ordinance and the City Engineer's approval of the designated haul routes. Shoreland District. Otsego Creek crosses the property from south to north in the eastern portion of the site parallel to Mason Avenue. Otsego Creek is a designated Mississippi River Tributary and land within 300 feet of the Creek is included with a Shoreland Overlay District. All excavation activities are to occur outside of the Shoreland Overlay District. Environmental Review. Minnesota Rules 4410.4300, Subp. 12 requires preparation of an Environmental Assessment Worksheet (EAW) to be prepared if a gravel mine excavates 40 acres or more to a mean depth of 10 feet. The proposed gravel mining of the subject site does not exceed this threshold and an EAW is not required to be prepared. The City may at its discretion order an EAW to be prepared if there is concern about potential environmental effects. City staff's opinion is that an EAW is unnecessary as the requirements of Chapter 24 and other provisions of the Zoning Ordinance and Engineering Manual insure adequate protection of the public's health, welfare and safety. Requiring preparation of a discretionary EAW for the proposed would likely not yield any additional information effecting the decision of the Planning Commission and City Council than would otherwise be required. Security. Section 20-24-7 of the Zoning Ordinance requires a security be provided that would allow the City to provide for necessary erosion control and site restoration in the event the operator would abandon the mine. The City requires $3,000.00 per gross acre of disturbed area be provided as security for grading activities. This security must be provided prior to any mining operations occurring on the subject site. RECOMMENDATION Allowance of gravel mining operations is subject to the performance standards specified by Chapter 24 of the Zoning Ordinance. The City Engineer's review is that insufficient information has been provided to date to determine compliance with the applicable requirements. As such, City staff recommends that the Planning Commission open the public hearing, take public comment, address any questions or concerns the Planning Commission may have of the applicant or City staff. The Planning Commission is advised to then continue the public hearing to the meeting on 5 February 2007 with direction to the applicant to provide all information requested by the City Engineer. "Continuing" the public hearing will allow the opportunity for additional public comment once all of the required information has been submitted. POSSIBLE ACTIONS A. Motion to approve a conditional use permit allowing gravel mining of the subject site based on the submitted plans and other information received to date, subject to the following conditions: The comments of the Engineering Review dated 19 December 2006 are to be addressed to the satisfaction of the City Engineer. 2. The hours of operation are restricted to 7:00 AM to 7:00 PM Monday through Friday and 8:00 AM to 5:00 PM on Saturdays in accordance with the Engineering Manual. No activities related to the gravel mining operation shall occur outside of these times. 3. Site access and routes to/from the subject site shall be subject to approval of the City Engineer, including requirements that may be imposed for 4 maintenance, restoration and repair of City streets designated as haul routes. 4. A security as determined by the City Engineer is provided to ensure installation and maintenance of erosion control and restoration of the site applicable to the areas being actively excavated. 5. No excavation shall occur within the Shoreland Overlay District of Otsego Creek (300 feet from the channel centerline). 6. Measures for dust control shall be provided as required by the City Engineer. 7. Site drainage and erosion control shall be provided for as required by the Zoning Ordinance and Engineering Manual, subject to review and approval of the City Engineer. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer John Hubers, Eagle Trucking, Inc. Randy and Karen Pouliot AREA MAP OWNER: Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55330 APPLICANTS: Eagle Trucking, Inc. 20920 Forest Road N Forest Lake, MN 55025 and Frattalone Companies 3205 Spruce Street St. Paul, MN 55117 GEOTECHNICIAL ENGINEER: Braun Intertec 1826 Buerkle Road St. Paul, MN 55110 CIVIL ENGINEER: Solid Ground Engineering, LLC 4756 Banning Avenue, Suite 206 White Bear Lake, MN 55110 <.: y a Solid Ground Develomen--]t LDEC 7 2006 �f eili�111a� • ,,,, / = sau / = sr� 40 I�� 1 I (,w \�\�\ `� \ \ -••- �, \\ #192400 NI \ 1 \ \\\ \\\ 1 \ 1 1/11111ittif ( I 1\t \1 \.\\ \\ �—�\ 1 \ \. I \lt\\\� I \ \ \ \,., \\ \ 1 fj \\ \ it I \ \ ,,\ \ I ! o II(Ilift(/ y/ — ,\\\\ 1 1� \\ \ "\ \ t 1 \ \ \ i I 1 1 �-1 8457-30 111111 \tl \\ \ \ V t t 1\\S\\\ 11 t 1 \\ \\ \\�\\\ \ \\ \\ \ I 1 1 ( ( 'sting Topography 1 \ \\ \\\\ 1 \ i t \\ \ \ \ \ \ \ \\ `� ( I i I supplied by Others IN \\\\\\\\\ \ \� t\\\� \�\\\\\\ It t 1 \ 1 1 1 1 • \ \\\\\\\\\�._^�/ Ii10�\1\\1\\\\\\\\\ \ /� \\\\\\\ SWO UW011,1AU Lllgiiieebm�4 Preliminary :... EC7 2006 , Not For Construction 1 1 r I 1 s.si ACRES PHASE 1 I�Q�- ZZ_ A. \, l 1 \ \ \ \ \ \ I \ \ 11 1 1 1 \\ll(l \\ I �/- `1 ,4 iF/ 7 C\RVCS\+ SI.77CgES 8457-30 - BoringLocations yIA3 A 0 I I i are Aproximate. Existing Topography II Supplied by Others I . / 1 1 \\ \\ \ \ 1 \\ \\ \\\ \\\\\ \ \\ \ \ I \ \ \ I \\\\`\� \ 1 \ I 1 i \ \ I stogy WATM eAvnw \\/ . fw 10 Sfilid GreaWId En€ iplcar m Preliminary [.L 7 Zoos Not Far Construction i o 2 rm C cm co rm CD O on C/3 C rm C M4 y_ 2 I S Y_ Q Y ^i •-•� S n, R ¢fi KF; G'HfF07 8 rt 4 22 sR ri a8 H 3p (A 3 $ z nr aomC4 7 A E fit '. o =• mi AC � 4 F Rai � i 3 °exgi i o 2 rm C cm co rm CD O on C/3 C rm C M4 y_ 2 I S Y_ Q Y ^i •-•� S n, /AWJ.'2�Bw.w 66I..R .a 22 sR ; i o 2 rm C cm co rm CD O on C/3 C rm C M4 y_ 2 Review No. 2 ENGINEERING REVIEW Hakanson Mining Permit Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney John Huber, Eagle Trucking, Inc. Frattalone Companies Solid Ground Engineering Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, E.I.T. Date: December 19, 2006 Proposed Development: Mining Permit #8 Street Location The west'/2 of the southwest'/4 of Section 25, T121 N, R23 and a of Property: portion of the northwest'/4 of the southwest'/4 Section 25, T121 N, R23. North of 83rd Street, west of Mason Avenue, and south of 87th Street. Applicant: Eagle Trucking, Inc. Frattalone Companies 20920 Forest Road N. and 3205 Spruce Street Forest Lake, MN 55025 St. Paul, MN 55117 Developer: Eagle Trucking and Frattalone Companies Owners of Record: Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55330 Purpose: Mining approx. 1.1 million cubic yards of sand & gravel from site to be used as an economical source in future construction projects. Jurisdictional Agencies: City of Otsego, Wright County, and Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) TABLE OF CONTENTS INFORMATION AVAILABLE EXCAVATION PERMIT SUMMARY Plan of Operation Haul Routes and Traffic Control Erosion Control Dust Control and Wind Erosion Control Drainage Control Plan Street sweeping and spill clean up Proposed Land Use Sieve Analysis CONSTRUCTION PLANS Title Sheet Preliminary Grading Plan Existing Conditions Preliminary Certificate of Survey Traffic Control Plan Closure/rehabilitation Plan OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION CADocuments and Settings\Tauri\Local Settings\Temporary Internet Files\Content.IE5\L1R4AFNU\ot903MP#8 RVW2.docPage 2 of 8 INFORMATION AVAILABLE Excavation Permit Summary, received 12/14/06, by Solid Ground Engineering Sieve Analysis for Gateway North, dated 8/10/06, by Braun Intertec Site Plans for Eagle Trucking and Frattalone Companies, 12/7/06, by Solid Ground Engineering City of Otsego Ordinance No. 94-4 City of Otsego Comprehensive Plan City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 CADocuments and Settings\Tauri\Local Settings\Temporary Internet Fi1es\Content.IE5\L1 R4AFNU\ot903MP#8 RVW2.docPage 3 of 8 Excavation Permit Summary Plan of Operation A time schedule for the individual phases and overall project is needed. How many years, per phase and for the entire project, is the mining operation expected to last. 2. The type and quantity of material per phase and total, shall be included 3. Include the planned hours of operation and yearly season of operation. Haul Routes and Traffic Control Include the typical daily and yearly one-way trips that may be expected with each phase and total for the project to completion. Also include a maximum number of one-way trips per day that would be coming and going from the mining operation. Erosion Control A NPDES permit is required fro the proposed site. The SWPPP developed for compliance with the NPDES permit shall also be submitted to the City of Otsego for review. Currently, the submitted plans and narrative lack the required extent and detail of erosion and sediment control to be effective during the mining activities. The following are a couple of main points that must be addressed: All disturbed soils with a positive grade and within 200 lineal feet of a surface water not actively being worked shall have temporary or permanent erosion protection within 7 days for slopes steeper than 3:1, within 14 days for slopes from 10:1 to 3:1, and within 21 days for slopes greater that 10:1. 2. Areas where a concentrated flow can be expected may require additional erosion prevention and sedimentation control. The plans shall call out and detail the required measures. 3. Sediment basins shall be inspected for depth of sediment. Built up sediment shall be removed when the ponds volume reaches 50% of design capacity. 4. All erosion and sediment control measures shall be inspected at least once each week and following any storm event of 0.5" or greater. 5. Built up sediment shall be removed from silt fence when it has reached one-third the height of the fence. Dust Control and Wind Erosion Control One proposed alternative for dust control on the site during windy conditions is to use a water truck. Where is this water to come from and is it possible municipal water may be used for this purpose? CADocuments and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\L1 R4AFNU\ot903MP#8 RVW2.docPage 4 of 8 Drainage Control Plan Hydrology calculations are shall be submitted for the temporary sedimentation ponds. 2. If the post -mining site discharge (rate) is less or equal to than pre -mining site discharge no permanent storage is required. If the sedimentation ponds are required or the temporary basins are to remain as permanent, they must be designed to the following standards: a) Provide a maximum slope of 4:1 above the normal water level (NWL), a 10:1 bench for 1' below the NWL, and a maximum slope of 3:1 to the bottom of the pond. b) A maximum length to width ration of 3:1 shall be maintained. C) The average pond depth shall be a minimum of 4' deep and a maximum of 10' deep. d) The size of the pond(s) and outlet structure(s) shall control the rate of offsite discharge so that post -mining flow is less than or equal to pre -mining offsite discharge. The pond(s) shall also treat a minimum of a 2.5" 24 -hr storm before discharging. Street sweeping and spill clean up No comment. Proposed Land Use Are all structures and haul roads to be removed? Sieve Analysis The attached drawing depicting the area of gradation samples has 5 samples identified. Sieve analysis reports have only been submitted for 4 samples. The sieve analysis reports all have the incorrect project name, Gateway North. Please verify that the sample and reports are for the correct site. CONSTRUCTION PLANS Title Sheet Please provide a project title for aid in identification of the project. 2. The contact name and phone numbers for each of the Owner, Applicants, Geotechnical Engineer, and Civil Engineer is needed. The surveyors contact information shall also be included. If someone other than Eagle Trucking Inc. or Frattalone Companies is to run the day-to-day operations, their contact information is also required. 3. A sheet index is required. CADocuments and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\L1R4AFNU\ot903MP#8 RVW2.docPage 5 of 8 4. The general location map is unclear where the job site's boundaries are. 5. The engineer's signature is required. 6. The names of the landowners north of 87th Street, East of Mason Avenue, and South of 83rd Street are required. The existing zoning of the site and surrounding properties shall be labeled on the title sheet or on the existing conditions sheet. Preliminary Grading Plan The plan does not depict the entire site. The additional area to the north, south, and west shall be shown. 2. The grading along the edges of the western phase lines does not agree with the existing offsite contours. 3. All wetlands in or within 100' of the sites boundaries shall be delineated. The delineated wetland edges and their NWL and HWL elevations shall be depicted on the proposed grading plan. 4. A legend is required. 5. It appears that the depicted contours shown are the final/rehabilitated grading of the site. Contours depicting the proposed post -mining grade (before restoration) for each phase shall be shown. 6. It is unclear if the depicted sedimentation ponds are to be permanent or temporary. Temporary sedimentation basins shall be designed according to the NPDES permit requirements. If a permanent sedimentation basin is required, see Drainage Control comments #2. 7. The yearly limits of extraction shall be shown or an explanation of each phase is required. (Example Phase 1 = 2007 — 2008, Phase 2 = 2009 — 2010, etc...) 8. Remove the Scale: 1 " = 100' note next to the bar scale. This note does not apply for the smaller 11" x 17" plans or any other scaled copies and may be confusing. 9. Depict any sanitary facilities, offices (temporary or permanent), trash receptacles, etc. 10. A vehicular circulation plan shall be include in the plan set. 11. The site must have lockable gates at the entrances. Fencing and minimal slopes must secure any conditions such as ponds or slopes that impose a potential hazard or liability. 12. Depict temporary topsoil storage areas. 13. Depict all erosion and sediment control. (May be depicted in submitted Storm Water Pollution Prevention Plans). CADocuments and Settings\Tauri\Local Settings\Temporary Internet Files\Content.IE5\L1R4AFNU\ot903MP#8 RVW2.docPage 6 of 8 Existing Conditions 1. See Title Sheet comment #6. 2. The plan does not depict the entire site. The additional area to the north, south, and west shall be shown. 3. Remove the Scale: 1" = 100' note next to the bar scale. This note does not apply for the smaller 11" x 17" plans or any other scaled copies and may be confusing. 4. All wetlands in or within 100' of the sites boundaries shall be delineated and the delineated wetland edges shall be depicted on the proposed grading plans. 5. All utilities within 150' of the project boundaries shall be depicted. Pipe size, type, and invert elevations are required for all storm sewer culverts. 6. Depict all boundary lines and list the total acreage. 7. All roads, R.O.W., easements, and structures within 350 ft of the limits of the site shall be depicted. 8. Above ground lines such as power poles and lines, telephone poles and lines, etc. shall be depicted. Preliminary Certificate of Survey 1. No comments. Traffic Control Plan A traffic control plan shall be submitted for review. The traffic plan shall include the following information: 1. The surrounding road right-of-way, gravel and /or asphalt widths. 2. The location and type of traffic control signs and devises. 3. Details of the traffic control signs and devises. 4. Notes referencing the Mn/MUTCD. Closure/Rehabilitation Plan The Closure/Rehabilitation plan shall contain all of the information found in the Existing Conditions as well as the following: 1. Proposed final contours with typical grades noted. 2. Any topsoil staging areas. 3. Areas to be vegetated and landscaped. CADocuments and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\L1 R4AFNU\ot903MP#8 RVW2.docPage 7 of 8 4. Type, quantity and location of proposed landscaping screening materials (i.e. trees, shrubs, etc...) 5. Staged rehabilitation per year or per stage (if applicable). OTHER CONSIDERATIONS A soils report prepared by certified geotechnical engineer shall be submitted. 2. A hydrology report shall be submitted. Calculations for the 2.5" (NURP), 2.7" (2 -yr), 4.10" (10 -yr), and 5.85" (100 -yr) 24 -hr rains are required. 3. Please provide copies of comment letters from Mn/DNR, MnPCA and all other applicable agencies. 4. Photographs depicting the following: Existing On-site conditions, site perimeter and adjacent properties, downstream drainage facilities, and site access and accessed roadways. 5. A written right -of -entry which cannot be terminated for one year after anticipated closure date to the city for its officers or agents to enter the land must be included with signatures by owner/applicants. 6. Cross-sections are required at 50' intervals (minimum of 3 each way). The location of these cross-sections shall be indicated on the site plan and shall contain the existing grade, proposed post -mining grade, and proposed closure grade. SUMMARY AND/OR RECOMMENDATION We cannot recommend approval by the City Council until the submittals are completed in a form that substantially meets the Mining Ordinance No. 94.4. As of this review, the submittal is not acceptable to recommend for approval. 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