6-25-91 special tbJune 25, 1991
On the above date New Scandia Township and Planning Commission
held a Special Meeting for Bracht Bros. 8303 216th Street
Forest Lake, MN 55025. S2 of NW2 of Section 35, Township 32
Range 20 West. Bracht Bros are proposing to install a Crushing
and Washing Plant at the pit location in New Scandia Township.
Street location 185th Street.
Members of Town Board present were: Russell Jackson, Duane
Thompson, Beverly Pratt, Kevin Nickelson and Charles Nordin.
Mr. Bruce Malkerson Attorney with Popham, Haik, Schnobrich and
Kaufman firm represented Mr. Bracht. Mr. Malkerson reviewed
the letter and information submitted to the Board members and
Planning Commission members.
Mr. Bracht has obtained a 5 year Mining Permit from Washington
County and the County Planning Commission has requested the
Township to review the washing and crushing proposed for the
pit. Mr. Malkerson stated this sand and gravel operator has
extensive legal rights relating to its existing and future
operations which should be protected as it relates to any
permitting process and the sand and gravel operation should
be treated no differently from any other industrail, commercial
or residential use.
Mr. Malkerson stated the operation took place for many years
prior to the adoption of any Township Zoning or Mining Ordinances
and prior to any County Zoning or Mining Ordinances and therefore
these operations are "grandfathered in". However Mr. Bracht
has submitted applications and will continue to submit applications.
Mr.Malkerson reveewed court cases in Minnesota similar to
Mr. Brachts. Mr. Malkerson cited these cases so the boards would
know that Minnesota Courts do treat sand and gravel operations
in a different way than they treat other uses , especially as
to existing sand and gravel uses. If the government can not
prove that each new regulation is needed to prevent an existing
operaton from becoming a public nuisance, the new regulation
simply cannot be valid as to the existing operation.
Mr. Malkerson reviewed the projected noise levels prepared by
David Braslau Associates Inc. Based upon the analysis in the
report the following conclusions were found.
1. Operation of the washplant or crusher in the Bracht
Brothers Gravel Pit in Scandia will not cause an
exceedance of theMPCA State noise standards at the
closest residences, based upon topographical
shielding and plannedd location of equipment.
2. Operation of the washplant will be barely audible
at the nearest residences.
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3. Operation of the combined crusher and washplant
operation, which will only occur several times per
year, may be audible above background, but still
below the MPCA Standards.
Kerstin Rojina Engineer with Sundee Engineering summarized
the engineering and geolgical issue for Bracht Pit. The
addition of crushing and wash operations should not result in
an increase in traffic that is already occuring. The two
issues related to crushing and washing are noise and water
quality. The noise analysis show that there are no violaton
of noise standards and there should be no adverse impact on
surrounding residential wells. No fuels will be stored at
the site. All natural drainage will be to the bottom of the
pit. The crusher will be portable brought in periodically
and the generator will be stored in a semi trailer at the
bottom of the pit.
There were many questions from the citizens regarding the
following:
1. Noise
2. Property valuation dropping due to the pit
3 Violations by Mr. Bracht in the past
4. Water use and quality
5. How many years will the pit be in operation
6. Ponding areas
7. Monitoring of wells
8. The increase of acreage required by the county
9. Truck traffic
10. Is there a Reclamation Plan
11. Bonding for the pit
The questions addressed by citizens and answers and letters
pertaining to the Bracht Pit are on file in the office in the
Bracht folder.
Planning Commission recommends to the Town Board to grant the
Washing and Crushing Permit for Bracht Bros Inc. 8303 216th Street,
Forest Lake, MN 55025 at the New Scandia Pit location on 185th
Street, subject to the proposed c-onditions set forth by Washington
County dated April 18, 1991 and the following other conditions.
1. That no fuel be stored on the property other than in
the operating fuel tanks of each individual vehicle.
2. That the generator be housed and operated inside a
sound proofed environment and operated at the lowest
dba possible for this piece of equipment.
3. That a water appropriation permit for the well be
obtained from the Department of Natural Resources.
4. That MPCA noise standards be maintained for all phases
of the operation.
5. That no hauling of gravel into the pit for washing and
crushing be allowed.
Pratt made a motion to deny the application permit for washing
and crushing for the Bracht Gravel Pit. The motion was not
seconded, so this motion was not acted on due to the lack of
a second on the motion.
Thompson made a motion to accept the Planning Commission
recommendation. Nordin seconded the motion. Thompson, Nordin,
Nickelson and Jackson voted yes. Pratt opposed. Motion adopted.
The Township Attorney shall prepare findings for this decision
and present it to the Town Board at the Planning Commission
meeting July 2, 1991.
Do�Lora� erson
New Scandia Township Clerk