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Planning commission grants five‑year extension for temporary asphalt plant with odor and dust mitigation conditions

Clay County Planning Commission · February 18, 2025
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Summary

The commission approved a five‑year interim use permit extension for a temporary asphalt batch plant at an existing gravel pit, requiring conditions that include odor mitigation measures to be explored and employed, dust control and limits on staging/truck placement; neighbors raised health concerns related to odor and dust.

The Clay County Planning Commission approved a five‑year extension of an interim use permit for a temporary asphalt batch plant operated by RJ Zaveral & Sons at an existing gravel pit in Hagan Township, imposing conditions intended to limit dust, control haul staging and require exploration/employment of odor mitigation measures.

Staff reviewed a long permit history at the site (permits and renewals dating to 2010) and noted recurring complaints since 2019 focused on odor and fugitive dust. Staff said the operator holds an air permit from the Minnesota Pollution Control Agency and recommended conditions including reasonable hours of operation, on‑site dust control and examining odor‑abatement technologies such as misters rather than masking agents. "Odor mitigation measures, explored. Must be employed while batch plant is in operation," staff proposed as a specific condition.

Jeff Brooks, aggregate manager for RJ Zaveral & Sons, described efforts to improve haul‑road maintenance and dust control, said the company investigated a perfume/odour system and is studying toxicity concerns, and estimated this season's on‑site work would likely be three to five weeks. "If anything, it's gonna be 3 to 5 weeks," Brooks said. Neighbors expressed health concerns: Josh Carlson described his 2‑year‑old son's underdeveloped lungs and current pneumonia and urged protections for children and sensitive residents. Commissioners debated operational hours (a standard of 7 a.m.–7 p.m. was proposed for consistency with other pits), and emphasized that odor control approaches should seek to reduce the source rather than simply mask it.

After discussion the commission voted to grant a five‑year IUP extension with conditions 1–9, including a requirement that odor mitigation measures be explored and employed while the plant operates; the commission recorded the motion as carried. Staff said that if Hagan Township later imposes a more restrictive permit or a ban on batch plants, that restriction would control operation.