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Planning commission grants Westland Materials mining permit amendment to allow deeper excavation and small acreage increase
Summary
Clay County’s Planning Commission approved an amendment allowing Westland Materials LLC to excavate below the groundwater table at its Keene Township site and to expand the permitted mining area from 38 acres to 39.5 acres, subject to 12 permit conditions.
The Clay County Planning Commission approved an amendment to an interim use (mining) permit for Westland Materials LLC that removes a condition requiring mining activity to stop at least 10 feet above the groundwater table and increases the permitted mining footprint from 38 acres to 39.5 acres.
Planning staff described the request as a follow‑up to earlier approvals: an original 38‑acre interim use permit granted in 2021 and setback variances granted in 2022. The amendment removes condition 11 (the 10‑foot vertical buffer requirement) and expands the maximum mining area by 1.5 acres. Staff said the company expects to work a roughly 8‑acre area to depths of about 10 to 20 feet and characterized the 1.5‑acre increase as “negligible” relative to the overall permitted area.
Staff explained the origin of the 10‑foot buffer as guidance based on Minnesota Department of Natural Resources (DNR) research for larger open‑water dredging operations; that research indicates some large pits can affect downstream water resources through increased evaporation or dewatering. Staff said that research is primarily based on much larger operations and may not directly apply to the relatively small area Westland plans to work.
Jeff, representing Westland Excavating, told the commission the firm has used up much of the resources above the water table and seeks to excavate into the water table using an excavator (not dredging) to recover additional sand. He described the planned final surface as a natural water feature, with partial refilling and potential use as a livestock watering pond after reclamation. The record includes no DNR comments on the amendment request.
A neighboring property was noted to be an older removed home site, and commissioners clarified that the previously approved variances address any setback concerns for the 1.5‑acre increase. Staff said the amendment would be subject to 12 conditions largely similar to those discussed at the prior hearing except for the removal of the vertical buffer condition. Commissioners asked about reclamation and washing; staff and the applicant said the work would involve excavation (not washing) and reclamation to a ponded water feature.
Commissioner Brad moved to approve the IUP amendment with conditions 1–12; Commissioner Jenny seconded. The motion carried on a voice vote with no opposition voiced. The commission’s findings, read into the record, concluded the interim use would not be injurious to public health or neighboring property use, that adequate measures would be taken for utilities, access and erosion control, and that the amended mining operation is consistent with the Clay County comprehensive and transportation plan and applicable ordinance standards.
The amendment allows Westland to excavate into the water table at the site described in the notice (parcel ID 17.0120.4, SE¼ SE¼ Section 12, Township 141 N, Range 45 W, Keene Township) and increases permitted mining acreage to 39.5 acres. The permit will be issued with the 12 conditions described in the staff report.
