04C - Conditional Use Permit for an Extractive Use Anderson Brothers Construction

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units impose as a part of the approval process. In short,the environmental review process only has the ability to identify problems and provide solutions, but does not have the authority to enforce those solutions. Staff Findings: The Staff proposes the following findings of fact for consideration by the Planning Commission: 1. The property meets the minimum lot,size,and use standards for the Forest Management zone,being 174.69 acres in size,more than 500 feet wide,and having ample space within the building envelope for the proposed operation. 2. The applicant has supplied the required information including a site plan and a completion plan, and has indicated that the existing road on site will serve as the primary haul route to reach State Highway 371. 3. The applicant has proposed to excavate a 38.4-acre portion of the property over three phases.The proposed excavation area is more than 50 feet from all property lines,being at least loo feet from any property line. 4. The proposed excavation area is more than 50 feet from the rights-of-way of Hurtig Road and State Highway 371,being approximately loo feet from Hurtig Road right-of-way and over l000 feet from State Highway 371. 5. The applicant has indicated that fencing would be placed as required by the Ordinances, but has not proposed any specific fencing types or proposed placement areas. The applicant has proposed placing a fence at the entrance to the property and has proposed using a loo foot buffer from Hurtig Road and the adjoining property to the south as a method of screening and reducing the impacts on the local neighborhood. 6. The applicant has proposed that dust will be controlled on the haul road and site entrance with calcium chloride. The applicant has indicated that the haul road on the property will eventually be paved.The applicant has also indicated that all equipment to be used has been tested and meets all MPCA and EPA requirements. In addition, the applicant has stated that they will have all applicable permits from the MPCA prior to commencing operations. 7. The applicant has indicated that no power drives or power producing machinery will be used in this project. Excavation will be done using a front-end loader and all processing plants and operations will be located on the eastern side of the project area, with the westernmost processing plant being approximately 1,10o feet from the nearest residence. 8. The processing area is more than 2,000 feet from Mayo Lake and approximately 1,975 feet from West Twin Lake. The proposed project is located outside of the wellhead protection area.The excavation area extends to just outside of a l000-foot lake setback. 9. Excavation will not occur at a water-producing depth as approximately 30 to 32 feet from the existing elevation will be excavated. The applicant has indicated that soil borings have indicated that groundwater is located at a depth of 34 feet. The applicant has proposed to maintain at least two (2) feet of material between the excavation base and the water table. 10. The applicant has indicated that the area will be restored with slopes not greater than 3:1 and the area will be reseeded. 11. The proposed extractive use is an appropriate use in the Forest Management zone; extractive uses are listed as conditional uses in the Forest Management zone. The proposed crushing, washing, and other processing operations may be authorized in the conditional use permit as accessory uses. 12. It is unclear whether the proposed use conforms to the Comprehensive Plan. The Comprehensive Plan recognizes the role of extractive uses in the City and indicates that the City should provide and maintain adequate infrastructure.The Plan also states that the City should protect the natural,scenic,and recreational amenities of the area. City of Pequot Lakes Staff Report 3-4 November 17,2005 `�