FINDINGS OF FACT

1. The applicant has failed in its burden of proof to establish that it meets the

criteria set forth in the ordinance for the granting of a conditional use permit. The record

supports a conclusion that the use is incompatible with the surrounding area and is not

consistent with public health, safety and welfare. There are a number of factors that go

into this conclusion. The entire record in this matter includes numerous facts supporting

those factors, some of which are set forth in the following findings.

2. The use will create an excessive burden on existing parks, streets and other
public facilities which serve the area.
The applicant’s proposed aggregate mine is served by or adjacent to several public

facilities including streets, parks, public buildings, and public water access. The County finds that

the siting of an aggregate mining operation in such proximity to these public facilities, and the use

of adjacent public roads and streets, would place an excessive burden on the facilities and burden

members of the public through hazards incumbent in the applicants proposed use.

a. Streets

The applicants identified County State Aid Highway (CSAH) 4 as the as the primary access

road to and from the pit. The 2017 EAW included traffic estimates for this road of 1100 vehicle

trips per day west of Forada and 940 vehicle trips per day traveling to the east from Forada (2011

Douglas County Comprehensive Plan). The applicant proposes to add as many as 10 truck trips

per hour when the pit is operating for a specific project. With the proposed hours of operation,

this would amount to approximately 130 truck trips per day between the hours of 6:30 am to 7:30

pm on weekdays and Saturdays.

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 Local residents, business-people, and City and Township officials testified that CSAH 4 and

other roads in and around Forada are frequently used by walkers, joggers, cyclists, and

motorcycles. In addition, sand and gravel falling from these trucks onto the roadway was cited by

local residents as a hazard and a potential cause of vehicle and property damage when thrown by

passing cars and trucks. The County finds that the additional truck traffic would create unsafe

conditions and poses an increased hazard to individuals walking, jogging or biking on the County

Road. The County also finds the truck traffic increases the potential for accidents at intersections

where there are no turn or by-pass lanes.

b. Parks and Public Facilities

The aggregate mine will be adjacent to a public park and facilities (the firehall) within the

City of Forada. The property on which the mine will operate is directly adjacent to the City. The

City Park (ball field) and Firehall are located within 300 to 500 ft of areas proposed to be actively

mined. The City of Forada currently enjoys a peaceful small town atmosphere. Testimony

indicates that the park is heavily used by local residents and tourists who come through the area,

as well as those who have cabins on nearby Maple Lake. Analysis from the 2017 EAW concluded

that an active mining operation generates substantial noise at the site created by the running of

equipment and trucks, dumping and banging payloads, and back-up alarms on equipment. The

record contains substantial information about the level of noise generated, which will be

significant. The noise, when it occurs, will represent a significant departure from current

conditions.

Residents from the City of Forada testified that noise and dust generated by mining and

trucking equipment would diminish the peaceful use and enjoyment of these facilities when

mining or hauling is occurring. The County recognizes that and finds that noise generated by
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mining and hauling activities would place an increased burden on the use and enjoyment of these

facilities.

c. Dust effects and impacts

The mining operation also has the potential to generate dust that under certain wind

directions and weather conditions could impact the use and enjoyment of public facilities within

the City of Forada. Because much of the mining will occur below the water table, the physical

process of extracting aggregate is likely to generate little airborne dust. The primary sources of

dust from the site are expected to be from sorting, crushing, and hauling aggregate. Comments

from the public on the application and 2017 EAW stated that this increased dust could limit the

use and enjoyment of outdoor facilities, as well as creating difficult circumstances for those with

pre-existing health conditions.

3. The use is not sufficiently compatible or separated by distance or

screening from adjacent agricultural or residentially zoned or used land,
such that existing homes will be depreciated in value and there will be a
deterrence to the development of vacant land.

The proposed aggregate mining operation site will be in close proximity to residentially

zoned and used land located to the west of the site within the City of Forada. Based on maps and

aerial photos included in the Record, the County noted that some residences and residential

properties are as close as 310 ft from areas proposed to be actively mined. Currently vacant land

is contiguous with the project property. The nearest lakeshore residences are slightly more than

a quarter of a mile away. Public comments received on the 2017 EAW and on the current

conditional use permit application express concerns that mining activities, and the subsequent

issues of noise, dust, and visual aesthetic impacts, will lead to a decline in values of adjacent

properties and deter future development of adjacent vacant land. Comments of a local real estate
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appraiser indicated that location of the pit where proposed would lead to diminished

marketability of a property adjacent to the pit. At least one resident indicated they would be

deterred from building a new home they’d been considering due to the operation and location of

the pit.

Douglas County recognizes that the value of land is determined by a variety of factors

including lot size or acreage, improvements such as structures and their condition, water frontage,

current uses (e.g., residential, commercial) and other features that add value. But it is also

impacted by surrounding land uses. The 2017 EAW process gathered studies and materials

relating to impact on property values. Information gathered by the assessor is, in the opinion of

the County, of limited value because of the lack of close proximity to a mine in many of the

instances examined. The County finds it notable that there are few other locations in Douglas

County where a gravel mining operation is located within as close a proximity to residential

properties as what is proposed in this application.

The County also examined studies of property values near aggregate mining operations. In

the two studies examined, the researchers found that properties within three miles of a gravel

mine experienced a decline in value. The decline was greatest for properties within 0.30 mi (25+%

decrease) and became less with distance. On reflection and re-evaluation of these differing

materials, the County finds the studies persuasive evidence of likely negative impact on property

value. Too many properties are too near the property to be mined to ignore the impact, including

lakeshore properties within a third of a mile.

There is undeveloped property situated within the City of Forada. Comments received

through the EAW process cited concerns that the location and longevity of the industrial-type

mining operation may be a significant impediment to the economic growth of the City and a
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 deterrent to development of vacant properties within the City. The Comprehensive Plan of Forada

identifies further residential growth as a goal of the City. In the 2017 EAW document, the County

identified the future growth of City of Forada as one of the issues negatively impacted by the

establishment of an aggregate mine in the proposed location for an indeterminate amount of

time. The County finds that if properties near the aggregate mine are potentially less marketable

due to nuisances generating by mining, as noted above, then the sale and development of vacant

parcels within the City of Forada would also likely be impeded while the mine continues to

operate. The County finds that an impact from the siting of the gravel pit would lead to diminished

marketability of property near to the pit. The County also finds that such impact will be

detrimental to the ability of the City of Forada to attract homeowners and businesses, making it

increasingly difficult for the City to maintain its tax base and the level of service provided to current

properties and residents.

4. The structure and site have an appearance that will have an adverse impact upon
adjacent residential properties.

The record indicates that proposed operations on the site will use equipment for mining

and processing that can be 30 feet in height. Proposed stockpiles on the site may reach 50 feet in

height. A berm on the western edge of the property will be 6 feet high and planted with trees.

Even with that proposed vegetative barrier, the major features and equipment will still be visible

to the neighboring properties and public. The County recognizes that the lack of topographic and

vegetative barriers render uses on the subject property highly visible to adjacent roads and

residences. And the County finds that the proposed aggregate mining operation will have an

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appearance that is significantly different from the current land use on the subject property, as well

as adjacent land uses on surrounding properties.

Comments received from the public, and specifically the City of Forada, identify the visibility

of sand and gravel stockpiles and tall processing equipment as creating a negative aesthetic effect

upon adjacent public facilities such as the City Park and public roads, as well as residential and

commercial properties within sight of the aggregate mine. A 2021 comment letter from the City of

Forada points out that the vegetation proposed to be placed on the berm will take several years to

reach a mature height, leaving the operation totally exposed to view.

The County finds that the visibility of these aspects of the mining operation cited in

comments from the public and City, even if they were only present for a limited time during the

early phases of mining, will negatively affect the visual aesthetics as seen from neighboring adjacent

properties, thereby negatively impacting the use and enjoyment of these properties as well as the

future development and marketability of such properties.

5. The use is not reasonably related to the overall needs of the County and to the
existing land use.

The record reflects that the County recognizes the importance of having adequate

aggregate resources for infrastructure and development. The record also reflects that the area

sought to be mined holds high quality sand and gravel deposits. That is true in general of the

Township in question. But the record also reflects a significant number of existing operating and

abandoned, un-reclaimed gravel mines in the vicinity of the proposed mine. There are six operating

aggregate mines within two miles of the proposed mine site. Based on this information, the County

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believes that an adequate supply of sand and gravel exists in the County to meet infrastructure and

development needs.

Furthermore, the applicant has failed to demonstrate that the resource sought is unique to

this specific location within the County or vicinity. It is not. The County does not use permitting as

a way to limit businesses or trade, thereby maintaining healthy business competition, however, the

County has the regulatory authority to limit the number and/or location of a particular land use

when it finds that the number or proximity of a type of use to other conflicting land uses may have

cumulative impacts on the health, safety, and welfare of the County’s residents. The overall record

evidence indicates detrimental effects on the existing land uses in the area, such that the proposed

mine is incompatible with the surrounding land uses.

6. The use as proposed at the specific location and the specific time is inconsistent
with the purposes of the Zoning Ordinance and the purposes of the zoning district.

The aggregate mining operation is proposed to be located within the Rural Residential

Zoning District. The intended purpose of this district is to:

To allow select residential development in areas where vacant or farmed

land has become subject to increased amounts of single family residential
development. This district is intended to be reserved for future higher
density rural residential development when support services and
infrastructure can be provided. Development in this district shall maintain
a low density rural environment until such time as the need for additional
rural residential development and rezoning to Residential (R).
Thus, a primary purpose of the district is to allow limited residential development in areas

where development has occurred in the past and will continue in the future.

Aggregate mining is listed as a conditionally allowed use within this district.

Conditional uses are those to which particular examination is necessary. The County must

look at whether the specific use proposed by the applicant is appropriate on the specific

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property in light of the surrounding area. The purpose of this is to determine the effect the

proposed use will have upon the general health, safety, and welfare of the occupants of

surrounding lands. The surrounding area or surrounding lands don’t end at the border of

the County. An adjacent City is part of that surrounding neighborhood that needs to be

considered. Thus, one of the purposes of the zoning ordinance is to minimize conflicts

between proposed and existing land uses so as to ensure that the general health, safety

and welfare of the community as a whole is advanced.

The subject property is located directly adjacent to the City of Forada where more dense

residential development has occurred. The City and the recreational lakeshore properties

around Maple Lake were recently connected to the regional sanitary district, which increases the

potential for additional commercial and higher-density residential development in and around

Forada. The City’s 2019 Comprehensive Plan contains goals and policies that encourage

sustaining the existing housing stock as well as expanding areas within and outside of the City to

allow for a mix of new housing options. Both the 2017 EAW and the 2021 comment letter from

the City of Forada point out that expansion of the City is constrained by Maple Lake to the south

and east, and CSAH 4 to the north, and that the subject property is ideally positioned to

accommodate future growth. Based on the current development patterns, the recent expansion

of central infrastructure into and around the City of Forada, and the stated policies of the City’s

Comprehensive Plan, the subject property appears to be intended for future higher density rural

residential development.

An aggregate mine used as described in the applicant’s Operations Plan would limit future

use of the property for residential development, despite the availability of public infrastructure

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and the goals and intent of the City to use such adjacent areas for growth. In consideration of

these facts and the record developed in this matter, the County finds that allowing an aggregate

mine to operate on the property would be contrary to the purpose of the zoning district where

the aggregate mine is proposed to be located, and the overriding purposes of the zoning

ordinance.

7. The use is not in conformance with the Land Use Plan of the County.

The County’s Comprehensive Plan has as a goal to manage land use in a way that

encourages and fosters compatible land uses. It recognizes that certain uses may be incompatible

with others, specifically referencing aggregate mining as being a use leading to compatibility

issues and indicating that decisions are to be made strategically to advance the highest quality of

life and economic well-being of the County residents. The Comprehensive Plan has as a goal

helping to maintain healthy local governments by the use of wise planning and efficient and

orderly development. The Comprehensive Plan recognizes that planning decisions made by the

County affect other entities, and as such indicates that the County will coordinate with its

municipalities to ensure that uses are compatible with the area and with the goals and policies of

the municipality. The County’s Comprehensive Plan identifies the future use of the proposed

mine area adjacent to the City of Forada as “residential”. The goal for this land use classification

“is to provide for residential development opportunities in areas that are served or will be served

with public wastewater services in the foreseeable future.” And the record shows that the City

has expanded sanitary sewer services, and undertaken planning though its own Comprehensive

Plan, that shows an overriding goal of future residential growth. The City Plan and the City zoning

ordinance excludes any industrial uses.

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 In light of the goals and policies of the Comprehensive Plan, and the record evidence in

this case, the County finds that mining for aggregate is not a use that is compatible with the

County Comprehensive Plan.

8. The use will create a traffic hazard.

As noted in paragraph 2, the applicants identified County State Aid Highway (CSAH) 4 as

the as the primary access road to and from the pit. The 2017 EAW included traffic estimates for

this road of 1100 vehicle trips per day west of Forada and 940 vehicle trips per day traveling to

the east from Forada (2011 Douglas County Comprehensive Plan). The applicant proposes to add

as many as 10 truck trips per hour when the pit is operating for a specific project. With the

proposed hours of operation, this would amount to approximately 130 truck trips per day

between the hours of 6:30 am to 7:30 pm on weekdays and Saturdays.

Local residents, business-people, and City and Township officials testified that CSAH 4 and

other roads in and around Forada are frequently used by walkers, joggers, cyclists, and

motorcycles. In addition, sand and gravel falling from these trucks onto the roadway was cited by

local residents as hazard and a potential cause of vehicle and property damage when thrown

from passing cars and trucks. The County finds that the additional truck traffic would create

unsafe conditions and poses an increased hazard to individuals walking, jogging or biking on the

County Road. The County also finds the truck traffic increases the potential for accidents at

intersections where there are no turn or by-pass lanes, thus posing a traffic hazard.

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 9. The totality of the record evidence indicates that establishment of the proposed
use on the property will have an adverse impact upon public health, safety and
welfare.
The culmination of evidence received on the conditional use permit application and the

2017 EAW process indicate to the County that the cumulative negative factors associated with the

proposed aggregate mining operation are likely to limit the peaceful enjoyment of properties

adjacent to the site and impact the general welfare of individuals living and recreating in the area.

Conducting aggregate mining on the site, directly adjacent to a City, is not appropriate or

compatible with the existing area. The abundant natural resources, including the many lakes and

the rural character are known to be key reasons why people choose to live and recreate in Douglas

County. During summer months in Minnesota, outdoor activities on residential properties and

the use of lakes and public places increases exponentially. Mining and associated activities

occurring in close proximity to residential and recreational properties and amenities within the

City of Forada may have negative impacts on the individuals perceived enjoyment of their time

outdoors. That in turn can have negative economic impacts for nearby residents and for the City

itself. Issues potentially impacting such uses would be those mentioned in public testimony and

comment letters including noise, dust, visual impacts, and traffic. Conflict arising from these issues

would likely be exacerbated during summer months and especially weekends as thousands of

additional seasonal residents and visitors come to the County and construction and mining

activities are at a peak.

In addressing public health, safety and welfare of the proposed use, an additional concern

repeatedly identified was that aggregate mining below the watertable on the proposed site has

the potential to impact groundwater in the area. Records from the Minnesota County Well Index

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include several wells adjacent to the proposed mining site that are known to be screened in the

aquifer and being used for domestic use. The aquifer where the aggregate mining is proposed is

identified in the MN Department of Natural Resources Region Hydrologic Survey Part 6 as having

a very high pollution sensitivity due to the lack of a confining clay layer that would isolate the

aquifer or thick soil cover that would provide some filtering of surface water runoff and slow

infiltration of spilled pollutants. In response to the 2017 EAW, the County made findings that the

proposed aggregate mining operation enhances the potential for pollution to enter the surficial

aquifer beyond the ambient potential that otherwise exists. The primary source of pollution

would likely be from spills of fuels, oils and grease, solvents, and chloride or other chemicals used

in dust control. Because of the composition of the aquifer material, any spill would be rapidly

infiltrated into the aquifer and is likely to be quickly transported. Since groundwater gradients

within the aquifer are not well known and could vary considerably based on location or seasonal

conditions, the direction of pollutant transport would be unclear or variable. The long-term use

of calcium chloride or other chemicals for dust control could also infiltrate into the aquifer and

cause changes in water chemistry. The County further identified that mining activities adjacent to

a fuel pipeline that bisects the property from the southeast to northwest, may increase (even if

very slightly) the potential for leakage or rupture of the pipeline.

The County acknowledges that conditions could be placed on a permit that would require

changes to the mining operation to decrease the potential of contamination or establish

monitoring for early detection of such contamination. But the record evidence leads the County

to conclude that no condition could provide complete assurance of protecting the health, safety,

and welfare of the County’s residents relying on groundwater as their drinking water source in

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