Clay County panel approves limited 24/7 crushing window for Westland Excavating

The Clay County Planning & Zoning Commission voted Feb. 17 to issue an amended Interim Use Permit (IUP No. 792404) allowing Westland Excavating limited around-the-clock crushing during specified short windows so the company can rebuild stockpiles used for the Harwood AI project.

Planning staff described the 324-acre property and the existing 20-acre permitted pit, noting overlay zoning (shoreland, resource protection and floodplain) and a 2023 variance on the north setback. Staff warned that previous operations in the area had caused wear on County State Highway 27 and said the nearest residence is roughly a quarter mile to the south; staff also noted that winter activity would likely focus on crushing and loading with hauling limited to daytime hours. The staff report reiterated standard permit controls including NPDES/stormwater, air quality permits, dust and noise controls, reclamation bonding, and a requirement that no mining footprint expansion is allowed.

"We need to get caught up somehow in the spring," said Jeff Busby of Westland Excavating, who asked the commission to allow a short period of 24/7 crushing. "If we could run like three weeks, but I would ask for like a six week window" to allow for weather delays, he said, adding that hauling would occur during normal working hours and that night work would be limited to crushing to build stockpiles.

Township supervisors who attended voiced support. West Dunham, a Keen Township supervisor, said the township has 11 pits and supports the request "as long as they follow the rules and fix the roads." Logan Langrude, a town board member who lives on County State Highway 27, told the commission Westland "is willing to work with us" on road maintenance and chloride/grading.

Commissioners reviewed the IUP against the eight statutory review standards and adopted approval findings for each standard. They also reviewed and approved 11 permit conditions that require adherence to the Clay County Land Development Ordinance, resource protection setbacks, reclamation and bonding, submission of required NPDES/stormwater and air-quality permits, dust and noise control consistent with MPCA and state noise rules, and maintenance of the haul route along County State Highway 27. The revised condition 5 sets default operating hours as January—December, Monday—Friday 7 a.m.—7 p.m., hauling only on Saturdays 7 a.m.—2 p.m., and allows deviations (including limited 24/7 crushing windows) only with prior written approval from the planning department and Keen Township; the operator must provide specific time frames for any deviation.

The commission approved a motion to issue the interim use permit subject to those 11 conditions; the motion (moved by Ashley, seconded by Josh) carried on a voice vote. The permit as approved limits mining activity to a maximum of 20 acres, requires a reclamation bond of $1,000 per acre, and sets the permit expiration date as Dec. 31, 2036. Staff also noted an existing $20,000 reclamation bond for the current permit footprint.

The commission and staff emphasized enforcement tools if neighbors complain during a deviation: the county can require compliance with state noise standards, require noise testing, and direct additional berming or other mitigation. Staff also reminded the applicant that required state and federal permits must be provided to the planning office prior to commencing operations.

Next steps: Westland must secure any required NPDES/stormwater and air-quality permits and obtain prior written approval from the planning department and Keen Township before exercising any approved deviation to the default hours. The commission recorded no opposition during the voice vote and issued the permit with the conditions listed.

(Reporting note: quotations and attributions are drawn from the Feb. 17, 2026 public hearing transcript.)