4.1.
Lime Township Planning Commission
- Meeting Date:
- 08/27/2026
Title
| CYL-0008-26 |
Request of Mark Pahl with Dem Con, on behalf of property owner, OMG Midwest Inc, for an amendment to the previously approved Conditional Use Permit for the existing demolition landfill. The subject property is described as the North half of the Southeast quarter of Section 25, Township 109 North, Range 27 West lying easterly of the easterly water’s edge of the Minnesota River and northeasterly of the centerline of the Creek, more particularly described as: Beginning at the East quarter corner of Section 25; (the East line of Section 25 to have an assumed bearing of North 00 degrees 02 minutes 41 seconds East) thence North 89 degrees 50 minutes 25 seconds West, along the East-West centerline of Section 25, a distance 1,180 feet to a point on the easterly water’s edge of the Minnesota River; thence South 02 degrees 30 minutes 00 seconds West along said water’s edge, 457.8 feet to the intersection with the Creek centerline; thence South 34 degrees 30 minutes East along said Creek centerline 337.4 feet; thence South 04 degrees 20 minutes 56 seconds West, along said Creek centerline, 339.0 feet; thence South 81 degrees 34 minutes 32 seconds East, along said Creek centerline, 114.5 feet ;thence South 41 degrees 08 minutes East along said Creek centerline 208.0 feet; thence South 19 degrees 23 minutes 23 seconds East along said Creek centerline, 50.3 feet to the intersection with the South line of the North half of the Southeast quarter of Section 25; thence easterly along said South line, 7666.7 feet to the Southeast corner of the North half of the Southeast quarter of Section 25; thence North 00 degrees 02 minutes 41 seconds East along the East line of Section 25, a distance of 1291.61 feet to the point of beginning. The North half of the Southwest quarter of Section 30, Township 109 North, Range 26 West excepting therefrom the North 74.58 feet of the East 94.39 feet. The West 251.62 feet of the Southeast quarter of Section 30, Township 109 North, Range 26 West, excepting therefrom the North 74.58 feet and except the South of 1365.50 feet, Lime Township, Blue Earth County (PID 400430300001) and Tract 1, Registered Land Survey 178, Lime Township, Blue Earth County (PID R400431200039, R400431100014, R400430300007).
The anticipated date of Lime Township Board action is September 8, 2026 at 7:30 p.m. at the Mankato Regional Airport.
Applicant
The applicant, Mark Pahl with Dem Con, on behalf of the property owners, OMG Midwest Inc.
Request
Request of Mark Pahl with Dem Con, on behalf of property owner, OMG Midwest Inc, for an amendment to the previously approved Conditional Use Permit for the existing demolition landfill.
Location
The subject property is described as the North half of the Southeast quarter of Section 25, Township 109 North, Range 27 West lying easterly of the easterly water’s edge of the Minnesota River and northeasterly of the centerline of the Creek, more particularly described as: Beginning at the East quarter corner of Section 25; (the East line of Section 25 to have an assumed bearing of North 00 degrees 02 minutes 41 seconds East) thence North 89 degrees 50 minutes 25 seconds West, along the East-West centerline of Section 25, a distance 1,180 feet to a point on the easterly water’s edge of the Minnesota River; thence South 02 degrees 30 minutes 00 seconds West along said water’s edge, 457.8 feet to the intersection with the Creek centerline; thence South 34 degrees 30 minutes East along said Creek centerline 337.4 feet; thence South 04 degrees 20 minutes 56 seconds West, along said Creek centerline, 339.0 feet; thence South 81 degrees 34 minutes 32 seconds East, along said Creek centerline, 114.5 feet ;thence South 41 degrees 08 minutes East along said Creek centerline 208.0 feet; thence South 19 degrees 23 minutes 23 seconds East along said Creek centerline, 50.3 feet to the intersection with the South line of the North half of the Southeast quarter of Section 25; thence easterly along said South line, 7666.7 feet to the Southeast corner of the North half of the Southeast quarter of Section 25; thence North 00 degrees 02 minutes 41 seconds East along the East line of Section 25, a distance of 1291.61 feet to the point of beginning. The North half of the Southwest quarter of Section 30, Township 109 North, Range 26 West excepting therefrom the North 74.58 feet of the East 94.39 feet. The West 251.62 feet of the Southeast quarter of Section 30, Township 109 North, Range 26 West, excepting therefrom the North 74.58 feet and except the South of 1365.50 feet, Lime Township, Blue Earth County (PID 400430300001) and Tract 1, Registered Land Survey 178, Lime Township, Blue Earth County (PID R400431200039, R400431100014, R400430300007).
Existing Land Use
The land consists of a parcel located West of 3rd Avenue and northwest of 231st Lane. The property is currently being used as a landfill.
Zoning
The southern portion of the property is zoned Industrial and the northern parcels are zoned in the rural conservation district within Lime Township.
Environmentally Sensitive Areas
There are ravines located throughout the proposed parcels. The properties also contain flood zones, wetlands, and the shoreland district on the west side of the property.
City Code
The Lime Township Ordinance can be found at this link: Lime Township Ordinances
Review
The applicant, Mark Pahl with Dem Con is requesting, on behalf of property owner, OMG Midwest Inc, for an amendment to the previously approved Conditional Use Permit for the existing demolition landfill. The total acreage for the proposal is 192.29 acres with a 75 acre waste footprint. The request is to take the current footprint of the existing demolition landfill and modernize the waste pile with a synthetic liner, a leachate collection system, and a synthetic cap which will enhance the environmental impacts of the surrounding areas. The owner of the operation will be Dem Con and the individuals responsible for the actual operation and maintenance of the operations will be Mark Pahl, the applicant, and Bill Keegan for at least for the first year of Dem-Con’s ownership of the site. Going forward, it is anticipated that a facility manager will be assigned to the site for daily questions or concerns. A condition has been included herein for the Lime Township Board to receive the point of contact’s information and in the future if the individual changes contact information shall be forwarded to the board. Dem-Con’s employees will receive the MPCA training for certification to operate a landfill in addition to the monthly safety training offered by the employer.
The parcels where the demolition landfill will be operating out of is currently zoned as Rural Conservation, which currently does not describe a landfill to be permitted via land development permit nor Conditional Use Permit nor an Interim Use Permit. However, a Conditional Use Permit (CUP) was previously approved in 2004 by the Lime Township Board to allow Southern Minnesota Construction for a demolition landfill, that collected yard and tree waste composting, wood recycling, concrete and asphalt recycling and sales of landscaping supplies. Making the use a legal nonconformity. Lime Township Zoning Ordinance states “A legal non-conforming use, and accessory use, shall not be structurally or physically enlarged or expanded. Legal non-conformities may be continued or restored in accordance with this Section” (Article 1, Section 8, Part A, subpart 1). So, the applicant has applied to amend the previously approved CUP to continue the use of a demolition landfill and to update the current conditions of the site.
The applicant has resubmitted a permit with the Minnesota Pollution Contral Agency as required by Blue Earth County ordinance, “no person shall establish, operate, or maintain a sanitary landfill or demolition landfill without first obtaining a permit from the agency and a license from the county board” (Chapter 16 Solid Waste Management, Section 16-13 Sanitary landfill or demolition landfill, part 1). The applicant has submitted for a CUP to receive proper licensing from the Lime Township Board as they are the Local governing unit (LGU) of the proposed parcels. Once the applicant has secured approval from both the MPCA and the Lime Township Board the requirement shall be fulfilled. A condition has been added herein the applicant shall obtain both MPCA approval and Lime Township approval prior to the commencement of operating the demolition landfill.
Enclosed in the submittal items is a schedule of daily operations that shall occur between the hours of 6am and 7pm Monday through Friday and 7am-5pm on Saturday. Additionally the applicant has stated that “extended hours may needed for special projects or emergency purposes” (Lime Township Conditional Use Permit (CUP) Narrative, Operational Schedule and facility charges). The hours of operation and noise levels shall conform to Minnesota Rules Chapter 7030 and a condition has been listed herein for the operation of business to adhere to such requirement. Noise generated from the site will remain the same given similar activities will continue to occur.
Dem Con does not anticipate nuisance litter given the type of waste they will be accepting into their facility, however they have proposed to inspect 231st Lane and CSAH 5 (3rd Avenue) on a weekly basis and will monthly check the site for scattered waste.
The facility will charge fees by the cubic yard or by the ton. Tip fees will vary depending on waste type and volume. The range for cubic yards will vary from $6.00 to $50.00 and the fees per ton will vary from $10-$100. Thus, meeting Blue Earth County Code of submitting a “schedule of charges to be levied at the solid waste facility” and for demolition landfills to “charge disposal fees for all users in a fair and equitable manner” (Chapter 16 Solid Waste Management, Section 16-13 Sanitary landfill or demolition landfill, part 1). Since the applicant will be charging all users the same fees, they will be meeting this requirement.
Drainage on-site will continue to remain the same causing water to drain on the east side of the property where a stormwater pond currently exists. Once the site has been completed, the applicant is proposing to drain stormwater to the newly proposed stormwater ponds to the west and to the north of the mound. The applicant shall receive final approval from Blue Earth County for the stormwater ponds and drainage plan and copy of the approval shall be forwarded to the Lime Township Board.
Site access will remain unchanged, continuing from 231st Lane, as identified in the submitted plans. Any modifications to access will require additional review and approval by the Township Board and Blue Earth County.
Landscaping surrounding the landfill will remain the same; left in a natural state and in well-kept conditions. The existing berms and topography surrounding the demolition landfill will remain the same; acting as fencing around the property.
A phasing site plan and narrative have been submitted by the applicant illustrating the changes of how the previously buried demolition items will be excavated, then lined with a synthetic fabric, filled back in and covered.
Cross section plans were submitted illustrating a current height of 840 feet with a proposed 868 feet in height. The cross section displays how the applicant is proposing to redistribute the current waste in phases in order to add a synthetic liner to prevent the continuation of contamination to the groundwater and to be able to accept additional waste. The site plans shows what the current excavation levels are approximately at 792 feet and the applicant is proposing to keep the levels the same to avoid any damage to the groundwater tables.
An ultimate land use plan has been submitted illustrating the five different phases and subphases the applicant will be completing as they collect waste. Phasing will commence on the east central side of the landfill mound and will continue westward.
The applicant is proposing to service a population of 350,000 residents, meaning they are planning on serving the residents and the businesses within Blue Earth County and the surrounding counties.
An email from the Kasota Fire Department was received by the applicant stating they will service the area since it is located within their jurisdiction.
Enclosed in the Minnesota Pollution Contral Agency’s (MPCA) permit application proposing for the applicant to accept commercial and demolition (C&D) debris, industrial waste, composting yard waste, composting Source-Separated Organic Material, and recyclables. A full list of the items that the landfill will be accepting and rejecting can be found in the submitted Industrial Solid Waste Management Plan (SW-254) Part 2.0 Acceptable and Unacceptable Wastes on pages 2 through 7 out of 13. The applicant has stated that they will not be accepting any hazardous waste nor any waste that can combust. The current 2004 CUP ultimate capacity design for an unlined commercial and demolition landfill is 5,514,388 cubic yards and the proposed capacity for an unlined C&D debris landfill is for 1,044,918 cubic yards and 5,352,518 cubic yards of lined class III C&D debris and industrial waste. Odors on the property will remain the same given that similar material will be accepted and the applicant plans to rotate piles while managing moisture content of the composting activities.
The applicant has submitted soil borings and a soil boring map illustrating the areas where the previously approved CUP had tested soil throughout the property.
It is a requirement by the MPCA to cover waste, cover soils consist of on-site materials and adequate cover soils currently onsite. The applicant will continue to utilize the previously approved cover soils onsite and during the winter months Dem Con will rip the frost with equipment to access unfrozen soils or use frost protections measures, such as frost blankets, hay, woodchips to prevent the cover piles from freezing.
A variety of equipment will be utilized at the site, including, but not limited to a landfill compactor, a dozer, a water truck, and a skid and front end loader. The applicant has stated in their narrative that additional equipment may be brought in during construction activities.
Information relating to MPCA ss 1,2, 4 and SW 6 is a requirement listed within the Blue Earth County’s Solid Waste Management ordinance and is currently being reviewed by the County’s staff. County staff has stated that the requirement was a reference to Minnesota Rule that existed at that time and not statue. The applicant has submitted a full copy of their MPCA Permit application as a fulfillment of this requirement.
The applicant shall submit documentation illustrating compliance of a Subsurface Treatment System (SSTS) on the site. A recommended condition requires the applicant to coordinate with Blue Earth County to obtain approval for the septic system location. Coordination with the County will also be required for the compliance of a well prior to applying for land development permit.
The parcels where the demolition landfill will be operating out of is currently zoned as Rural Conservation, which currently does not describe a landfill to be permitted via land development permit nor Conditional Use Permit nor an Interim Use Permit. However, a Conditional Use Permit (CUP) was previously approved in 2004 by the Lime Township Board to allow Southern Minnesota Construction for a demolition landfill, that collected yard and tree waste composting, wood recycling, concrete and asphalt recycling and sales of landscaping supplies. Making the use a legal nonconformity. Lime Township Zoning Ordinance states “A legal non-conforming use, and accessory use, shall not be structurally or physically enlarged or expanded. Legal non-conformities may be continued or restored in accordance with this Section” (Article 1, Section 8, Part A, subpart 1). So, the applicant has applied to amend the previously approved CUP to continue the use of a demolition landfill and to update the current conditions of the site.
The applicant has resubmitted a permit with the Minnesota Pollution Contral Agency as required by Blue Earth County ordinance, “no person shall establish, operate, or maintain a sanitary landfill or demolition landfill without first obtaining a permit from the agency and a license from the county board” (Chapter 16 Solid Waste Management, Section 16-13 Sanitary landfill or demolition landfill, part 1). The applicant has submitted for a CUP to receive proper licensing from the Lime Township Board as they are the Local governing unit (LGU) of the proposed parcels. Once the applicant has secured approval from both the MPCA and the Lime Township Board the requirement shall be fulfilled. A condition has been added herein the applicant shall obtain both MPCA approval and Lime Township approval prior to the commencement of operating the demolition landfill.
Enclosed in the submittal items is a schedule of daily operations that shall occur between the hours of 6am and 7pm Monday through Friday and 7am-5pm on Saturday. Additionally the applicant has stated that “extended hours may needed for special projects or emergency purposes” (Lime Township Conditional Use Permit (CUP) Narrative, Operational Schedule and facility charges). The hours of operation and noise levels shall conform to Minnesota Rules Chapter 7030 and a condition has been listed herein for the operation of business to adhere to such requirement. Noise generated from the site will remain the same given similar activities will continue to occur.
Dem Con does not anticipate nuisance litter given the type of waste they will be accepting into their facility, however they have proposed to inspect 231st Lane and CSAH 5 (3rd Avenue) on a weekly basis and will monthly check the site for scattered waste.
The facility will charge fees by the cubic yard or by the ton. Tip fees will vary depending on waste type and volume. The range for cubic yards will vary from $6.00 to $50.00 and the fees per ton will vary from $10-$100. Thus, meeting Blue Earth County Code of submitting a “schedule of charges to be levied at the solid waste facility” and for demolition landfills to “charge disposal fees for all users in a fair and equitable manner” (Chapter 16 Solid Waste Management, Section 16-13 Sanitary landfill or demolition landfill, part 1). Since the applicant will be charging all users the same fees, they will be meeting this requirement.
Drainage on-site will continue to remain the same causing water to drain on the east side of the property where a stormwater pond currently exists. Once the site has been completed, the applicant is proposing to drain stormwater to the newly proposed stormwater ponds to the west and to the north of the mound. The applicant shall receive final approval from Blue Earth County for the stormwater ponds and drainage plan and copy of the approval shall be forwarded to the Lime Township Board.
Site access will remain unchanged, continuing from 231st Lane, as identified in the submitted plans. Any modifications to access will require additional review and approval by the Township Board and Blue Earth County.
Landscaping surrounding the landfill will remain the same; left in a natural state and in well-kept conditions. The existing berms and topography surrounding the demolition landfill will remain the same; acting as fencing around the property.
A phasing site plan and narrative have been submitted by the applicant illustrating the changes of how the previously buried demolition items will be excavated, then lined with a synthetic fabric, filled back in and covered.
Cross section plans were submitted illustrating a current height of 840 feet with a proposed 868 feet in height. The cross section displays how the applicant is proposing to redistribute the current waste in phases in order to add a synthetic liner to prevent the continuation of contamination to the groundwater and to be able to accept additional waste. The site plans shows what the current excavation levels are approximately at 792 feet and the applicant is proposing to keep the levels the same to avoid any damage to the groundwater tables.
An ultimate land use plan has been submitted illustrating the five different phases and subphases the applicant will be completing as they collect waste. Phasing will commence on the east central side of the landfill mound and will continue westward.
The applicant is proposing to service a population of 350,000 residents, meaning they are planning on serving the residents and the businesses within Blue Earth County and the surrounding counties.
An email from the Kasota Fire Department was received by the applicant stating they will service the area since it is located within their jurisdiction.
Enclosed in the Minnesota Pollution Contral Agency’s (MPCA) permit application proposing for the applicant to accept commercial and demolition (C&D) debris, industrial waste, composting yard waste, composting Source-Separated Organic Material, and recyclables. A full list of the items that the landfill will be accepting and rejecting can be found in the submitted Industrial Solid Waste Management Plan (SW-254) Part 2.0 Acceptable and Unacceptable Wastes on pages 2 through 7 out of 13. The applicant has stated that they will not be accepting any hazardous waste nor any waste that can combust. The current 2004 CUP ultimate capacity design for an unlined commercial and demolition landfill is 5,514,388 cubic yards and the proposed capacity for an unlined C&D debris landfill is for 1,044,918 cubic yards and 5,352,518 cubic yards of lined class III C&D debris and industrial waste. Odors on the property will remain the same given that similar material will be accepted and the applicant plans to rotate piles while managing moisture content of the composting activities.
The applicant has submitted soil borings and a soil boring map illustrating the areas where the previously approved CUP had tested soil throughout the property.
It is a requirement by the MPCA to cover waste, cover soils consist of on-site materials and adequate cover soils currently onsite. The applicant will continue to utilize the previously approved cover soils onsite and during the winter months Dem Con will rip the frost with equipment to access unfrozen soils or use frost protections measures, such as frost blankets, hay, woodchips to prevent the cover piles from freezing.
A variety of equipment will be utilized at the site, including, but not limited to a landfill compactor, a dozer, a water truck, and a skid and front end loader. The applicant has stated in their narrative that additional equipment may be brought in during construction activities.
Information relating to MPCA ss 1,2, 4 and SW 6 is a requirement listed within the Blue Earth County’s Solid Waste Management ordinance and is currently being reviewed by the County’s staff. County staff has stated that the requirement was a reference to Minnesota Rule that existed at that time and not statue. The applicant has submitted a full copy of their MPCA Permit application as a fulfillment of this requirement.
The applicant shall submit documentation illustrating compliance of a Subsurface Treatment System (SSTS) on the site. A recommended condition requires the applicant to coordinate with Blue Earth County to obtain approval for the septic system location. Coordination with the County will also be required for the compliance of a well prior to applying for land development permit.
Findings
Staff respectfully submits the following findings:
- The establishment, maintenance, or operation of the conditional use allowing the continuation of a demolition landfill will not be detrimental or endanger the public health, safety, comfort or general welfare.
- The Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood given that the demolition landfill will be a continued use.
- The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
- Adequate utilities, access roads, drainage and necessary facilities have been or will be provided given that the applicant will be utilizing the property in the same manner as previously approved.
- Adequate measures have been or will be taken to provide ingress or egress so designated as to minimize traffic congestion in the public streets. Access will remain the same off of 231st Lane.
- The use of the property shall, in all respects other than conditional use, conforms to the applicable regulations of the district in which it is located, because the current use has been previously approved in the Conservation Residential district and will not change based on the proposal.
- The proposed use does not create a potential pollution hazard. Since the applicant is proposing to modernize the current landfill with a synthetic liner to prevent the continuation of groundwater contamination.
- The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area because the use will remain the same.
- Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance, and to control lighted signs and other exterior lights in such a manner that no disturbance to neighboring properties will result. Since the applicant will take best management practices to control dust and litter throughout the surrounding area of the landfill.
- The Conditional Use conforms to the joint resolution for orderly annexation.
- Site-specific conditions and such other conditions are established as required for the protection of the public’s health, safety, morals, and general welfare.
Recommendation
If the Planning Commission elects to proceed with the item, staff recommends approval for an amendment to the previously approved Conditional Use Permit for the existing demolition landfill with the following conditions:
- The Lime Township Board shall receive the facility manager’s contact information and any changes to the individual or contact information shall be forwarded to the board.
- The applicant shall obtain both MPCA approval and Lime Township approval prior to the commencement of operating the demolition landfill.
- The hours of operation and noise levels shall adhere to Minnesota Rules Chapter 7030.
- The applicant shall receive final approval from Blue Earth County for the stormwater ponds and drainage plan and copy of the approval shall be forwarded to the Lime Township Board.
- Any modifications to access will require additional review and approval by the Township Board and Blue Earth County.
- The applicant shall seek written approval from Blue Earth County on the septic and well compliance prior to applying for a land use development permit.
Attachments
- General Location Map
- Aerial Map
- Site Plan
- Project Narrative
- Kasota Fire Department
- MPCA Permit Application
- Industrial Solid Waste Management Plan
- Soil Borings
- Recommended Conditions of Approval