The Fillmore County Planning Commission held a public hearing at the November 21 meeting to consider the conditional use permit application submitted by Minnesota Sands, LLC.
A lengthy and thorough operation and reclamation plan (about 300 pages) for industrial sand mining in Pilot Mound Township was prepared by Summit Envirosolutions, Inc. and was submitted as part of the Minnesota Sands Dabelstein Mine application for a CUP.
It is projected that five million tons of industrial sand will be excavated and transported in five phases over about five years on the 50-acre agricultural site, which is near the Fillmore County/Winona County line.
Richard Frick, Minnesota Sands, explained there will be no processing on the site, nothing will come back to the site, and there will be some screening on site. The sand will be hauled mostly via TH 30. The mine is located only about a mile and one-half from TH 30. Frick suggested they will likely use a different return route for empty trucks. Sand will be transported either north to Winona or east to La Crosse depending on destination using barge or rail.
Frick said the sand will not be used for fracking, but because of its quality it may be used for glass, solar panels, and foundry uses.
After the excavation of the sand, the land will be reclaimed as woodland.
Frick said Bruening wants to blast to get the shale cap, overburden off the sand. The overburden could be sold, used, or go into the reclamation. If blasting is done, Fillmore County ordinance requires notification of nearby property owners within 14 days of planned blasting.
More permits will be required before the mine opens; Frick suggested the mine will not open before spring.
Duane Bakke noted there were no negative recommendations from agencies. He noted there will be no fuel storage on the site. Land Use Director Blake Lea said any questions from the DNR are being addressed.
Frick expects the mine operation will continue throughout all seasons. An access driveway to TH 30 will be constructed as part of Phase I. The road will be blacktopped into the mine for dust control. Land will be reclaimed as they go through the phases, about 10 acres at a time. The mining site will be left at about the same level as the field post reclamation.
Four people from the public spoke. Tom Rowekamp, retired, Nisbit Quarry in Winona County, said sand from that quarry was used for cattle bedding. A backhoe was used to remove overburden, no blasting. The site was reclaimed after they were at a certain level; the site was made to look as natural as possible. This reclaimed area is near the Dabelstein site.
Tom Barnes, who lives west of the proposed mine, expressed concerns about diesel exhaust and particulates. He suggested Minnesota Sands should purchase his property as they will destroy the value of his asset. He complained there will be eight to nine trucks going by his house every hour.
Tom Campbell felt the Nisbit Quarry had made no difference in noise, pollution, or the value of land. The Minnesota Pollution Control Agency has plenty of regulations.
Gary Olson said reclamation on the Nisbit Quarry site was excellent. He added, “How can you say no to your neighbors making a living.”
After the public hearing, Lea read a list of 11 conditions for the CUP. Conditions included but were not limited to the following: an annual inspection by Fillmore County staff for compliance, the MPCA requirement of a NPDES (national pollutant discharge elimination system) permit including a Storm Water Prevention Plan, road maintenance agreement with the county, a reclamation bond in the amount of $500,000 for each separate phase of the mining plan, provision of a hard surface road of at least 500 feet of the access driveway, and mining operation time restrictions. The CUP was approved unanimously with the listed conditions.
Shoreland Ordinance Amendment
A public hearing will be held on Tuesday, December 17 on a proposed amendment to the Fillmore County Zoning Ordinance, Section 602, Shoreland Classification, and Section 612, Shoreland District. The Minnesota DNR has proposed that the county amend its ordinance to change the classification of trout streams from Natural Environment to Forested to be consistent with the public facing shoreland mapping application. Proposed changes will make Fillmore County classifications consistent with the DNR classification system adopted in 1989.
Board of Adjustment
Leo and Deanna Stephas applied for a variance on a 10-acre parcel located in section 35 of Forestville Township. Geoff Griffin, G-Cubed, representing Stephas, explained two variances, including a 45-foot variance from the required 50-foot setback from the toe of the bluff and a 50-foot variance from the required 100-foot setback from the ordinary high-water level (OHWL) will be needed for the construction of the home. Canfield Creek is a dry run most of the time but can have a lot of water running through it at times.
There is a flat area on top of the bluff, but the hill is too steep for a road and there is no other access to that area. Griffin provided plans for what he suggested is the only place on this property that a home can be constructed. Griffin said a bench at the toe of the bluff could be elevated, limiting flood risk to provide a flood safe area for construction of a house (40 feet by 60 feet). He also provided a plan for a septic which will keep it out of the flood plain. Griffin added a bridge can be designed for flood-free access.
There was no public comment during the public hearing. County attorney Brett Corson noted no notice was given for the second variance request for the OHWL setback.
Tom Thompson said the toe of the bluff setback variance is 90% of the setback requirement. He questioned why there is a setback requirement in the ordinance if we don’t stand by it.
Stephas owns a second 10-acre parcel which is buildable but wants that to go to another family member.
The DNR recommended denial of the variance. Andy Bisek said the SWCD also believes the application should be rejected.
A motion was made to deny the requested variance; the motion was approved 3-1. Thompson wanted to table the application until the second variance request was noted properly.
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