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Polk County OKs 10‑year interim use permit for portable asphalt plant with conditions after neighbor concerns

3199210 · May 6, 2025
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Summary

The Polk County Board approved a 10‑year interim use permit allowing RJ Zavril & Sons to operate a portable hot‑mix asphalt plant at an existing gravel pit in Chester Township, subject to conditions including dust and odor controls, requirement the plant remain portable and temporary, and coordination with MnDOT and state permits as needed.

Polk County commissioners voted to grant RJ Zavril & Sons a 10‑year interim use permit (IUP) to operate a portable hot‑mix asphalt plant and contractor staging area in an existing gravel pit in Section 26 of Chester Township.

Planning staff told the board the gravel pit has operated previously and that the company had performed a short project there in 2023 under a prior one‑year clearance. Staff described the proposed staging area as a roughly five‑acre space set well back from State Highway 92; the nearest residence is about 3,000 feet away. The site layout and pit topography, staff said, provide berms and pile screening that reduce visual and aesthetic impacts.

Dan Zavril, representing RJ Zavril & Sons, said the company’s practical operating range for a temporary plant is about 50 to 60 miles; beyond that distance it is not economically feasible. “Anything over that doesn’t really produce a good product for us or make economic sense,” he told the board when explaining why the company seeks a long permit term.

Planning staff and the planning commission recommended approval with conditions. The board’s resolution included a set of standard and site‑specific conditions: the plant must be portable and temporary (not a permanent installation), dust control measures (watering, calcium chloride or similar) must be used to prevent nuisance, air and water permits required by state or federal agencies must be obtained by the operator, township and county roads should not be used for heavy truck routing if a direct access to State Highway 92 is available, and no routine Sunday asphalt batching is permitted except in documented emergency circumstances that are coordinated with county staff.

A nearby resident submitted a written objection during the public notice period, citing concerns about proximity, odor from hot tar, outdoor enjoyment and potential property‑value impacts. Planning staff summarized the objection to the board and noted the area contains multiple pits within a five‑mile radius; Knife River operates a staging area about a mile away. Staff also said MnDOT had advised the applicants to coordinate on access and turn‑lane requirements if traffic volumes require it.

Commissioners discussed the length of the permit, the temporary nature of the equipment, and how staff would handle occasional operational exceptions such as weather‑driven Sunday work to finish county road projects. Staff said they would document emergency exceptions in the permit file and would require applicants to notify staff and file justification when an out‑of‑norm operation occurred.

The board approved the IUP by voice vote. Planning staff will monitor compliance, require any necessary DNR or MnDOT permits to be secured, and handle complaints if they arise.

Ending

The permit is limited to RJ Zavril & Sons (it does not run with the land) and requires the company to follow the operational plan and the county’s interim use permit conditions. If the company does not follow conditions or if nuisance complaints mount, staff and the board can revisit final approvals and enforcement options.