Clay County approves time-limited 24-hour crushing window for Westland Excavating mine

The Clay County Planning and Zoning Commission voted Feb. 17 to issue an amended interim use permit allowing Westland Excavating limited 24-hour crushing at an existing 20-acre gravel pit, provided the company follow 11 conditions including prior approval from Keene Township and the planning department.

The commission’s staff report, delivered by planning staffer Matt, said the 324-acre parcel (parcel ID 17.015.2000) already holds an active 20-acre interim use permit granted in 2019 and a 2023 variance for a north setback. The amendment affects only operating hours and dates, not the mine’s footprint, and includes requirements for NPDES stormwater and air‑quality permits, dust and noise controls, reclamation bonding, and a requirement to maintain the established haul route along County State Highway 27.

Jeff Busby of Westland Excavating told the commission his company needs to replenish depleted stockpiles used on the Harwood AI project and requested a six‑week window (he said three weeks would probably suffice) to perform crushing operations 24 hours a day, with trucking restricted to normal daytime hours. “We would get caught up,” Busby said, adding that Westland met with Keene Township and that township representatives were supportive.

Commissioners pressed for community protections. One commissioner noted that residents could be disturbed by nighttime crushing and asked what recourse would exist if complaints followed; staff replied that the operation must comply with Minnesota noise rules, that noise testing could be required, and that crushers set at the pit floor and existing berms would help muffle sound. Keene Township supervisors in the audience said they had no objection and emphasized that operators must fix road damage and follow permit conditions.

The commission unanimously approved findings for the eight IUP review standards and accepted staff’s proposed conditions. Key conditions read into the record limit normal operations to January through December, Monday–Friday 7 a.m.–7 p.m., with hauling only on Saturday 7 a.m.–2 p.m., and allow deviations only with prior written approval from the planning department and Keene Township specifying dates and times. The permit caps operations at 20 acres, requires a reclamation bond (set in conditions at $1,000 per acre), and sets the interim use permit to expire Dec. 31, 2036. Staff noted an existing reclamation bond of $20,000 for the current permit.

Commissioner Ashley moved to issue the permit under the 11 conditions; the motion was seconded and approved by voice vote. The applicant confirmed agreement with the conditions before the vote.

What happens next: If Westland seeks to deviate from the stated hours, the company must obtain prior, time‑specific approval from both Keene Township and the Clay County planning department. The permit remains subject to state and federal environmental permits, local reclamation requirements and ongoing compliance oversight by county staff.

(Reporting note: Quotes and attributions in this story come from the public hearing transcript and the commission’s verbal proceedings on Feb. 17, 2026.)