Rice County
MN

Action Item
DOC-2017-210

Conditional Use Permit / Bongers - Section 5, Cannon City Township

Information

Department:Environmental ServicesSponsors:
Category:Conditional Use PermitMeeting Groups:Board of Commissioners, Planning Commission

Attachments

  1. Bongers CUP minutes (This file has not yet been converted to a viewable format)
  2. Staff report 11 05 Bongers mining CUP
  3. wide
  4. mid
  5. close
  6. Bongers CUP

Resolution/Ordinance Body

(This section is for entering Resolution/Ordinance Language ONLY)

Meeting History

Sep 7, 2017 6:30 PM  Planning Commission PC Regular Meeting

Conditions of Approval

The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and other applicable federal, state or local agencies.

The Conditional Use Permit (CUP) is for a sand and gravel mining operation including aggregate crushing and washing operations.

The applicant or operator shall furnish a six (6) year $100,000 bond or other financial surety for haul road repair and for site restoration. All financial surety shall be reviewed and approved by the Rice County Attorney’s office prior to any work on site.

This conditional use permit shall be valid for a period of five (5) years from its issuance and must be renewed prior to that time or the site completely restored. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and properly close the site.

The mineral extraction mining operation shall be restricted to the area on the applicant’s submitted site plan, subject to compliance with minimum setback requirements. 100-ft to County Road Right of Way (ROW) and 20-ft to other property lines. If mining is approved on the neighboring property to the east and south mining may be allowed to connect to the neighboring mining operation if an agreement between landowners is submitted to the Rice County Environmental Services department. Any other deviation from these boundaries will require application for a new conditional use permit.

Mining boundaries and required setbacks shall be marked onsite prior to mining and markings shall be maintained throughout the operation. No more than 10-acres of the proposed mining area shall be open to mining at any one time.

The hours of operation shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and 7:00 a.m. to 3 p.m. on Saturdays.

The banks shall be sloped at a minimum 4:1 and the operator shall be required to keep the pit or excavation in such conditions as not to be in danger of caving or sliding banks, to ensure stability.

Topsoil from the excavation site is to be stockpiled on the premises for use in restoration of the site. No topsoil is to be removed from the site.

The applicant is to follow the approved reclamation plan. Reclamation shall be ongoing so that previously mined land is reclaimed as new areas are opened to mineral extraction. The site is to be completely restored to a condition suitable for wildlife habitat or farmland upon completion of permit. Restoration shall include final seeding/cover of the area.

The applicant is to be responsible for repair of county, state and township roads adjacent to the site due to damage hauling from the site. The roads are to be restored to their original condition after the gravel mining operation ceases.

Within the pit property all access drives shall be treated with a dust control product (such as calcium chloride), or shall have water applied. Treatments or applications for dust control shall be applied and maintained in a condition to prevent airborne dust, originating from the pit access drives, from leaving the property during times of mining or processing activities on the property.

Solid waste shall not be placed in the gravel pit; illegally dumped material shall be immediately removed by the applicant.

The site is to be cleaned of all debris and equipment after closure of the pit.

“Trucks Hauling” signs with red flags are to be posted in locations to be determined by the County Highway Engineer when hauling from the site and to be removed when hauling is not taking place.

The site shall be secured at access points.

Zoning Administrator Trent McCorkell (TM) presented the request to the Planning Commission (PC).

TS - how many owners of the two existing pits, are they the same owners of this property?

TM- one the same ownership of the two other pits, and the subject property is one ownership and the home residence is owned by Mr. Bongers.

MS - any issues or conditional compliance with any pits ran by the Bongers family?

TM - no

JD - where is the access then to the site?

TM- access by shared field driveway - the shared access pit has had little use recently.

The PC asked the applicant, William Bongers (WB), to come forward to add comments or answer questions regarding the request.

WB - no additions to report. he stated that his brother and him run one pit and the other Bongers pit is where his cousins are operating, we run a clean operation and follow conditions required.

Chair Sammon opened the public testimony portion of the item to the public and no one spoke:

Chair Sammon closed the public testimony portion of the item to the public.

Discussion:

PB - he is familiar with the area, it is nice the county has the resources to use, there is a nice supply of gravel, and the farmland does not have good yield in that area.

Motion to recommend approval with stated conditions and findings made, seconded, and approved.

RESULT:REFERRED FOR APPROVAL [UNANIMOUS]
MOVER:Preston Bauer, Vice Chair
SECONDER:Charlie Peters
AYES:Michael Streiff, Preston Bauer, Tom Sammon, Charlie Peters
ABSENT:Joe Horejsi
Sep 26, 2017 8:30 AM  Board of Commissioners Regular Meeting
RESULT:APPROVED [UNANIMOUS]
MOVER:Steve Bauer, County Board Member
SECONDER:Galen Malecha, County Board Member
AYES:Jake Gillen, Galen Malecha, Dave Miller, Steve Bauer
ABSENT:Jeff Docken