HomeMy WebLinkAbout2.C. UMore Gravel Mining and the Large Scale Mineral Extraction Ordinance P � f
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OSEM UI j EXECUTIVE SUMMARY
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CITY COUNCIL
City Council Worksession Date: January 11, 2012
AGENDA ITEM: UMore Gravel Mining and the Large AGENDA SECTION:
Scale Mineral Extraction Ordinance Discussion
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. C ,
ATTACHMENTS: UMore Park Draft,Phasing Plan; Draft
Large Scale Mineral Extraction APPROVED BY:
Ordinance; Existing Rosemount Mineral
Extraction Ordinance Dili
RECOMMENDED ACTION: Discussion Only
SUMMARY
The University of Minnesota is interested in mining aggregate in the western third of their UMore facility.
The portion of UMore that is proposed to be mined in Rosemount is roughly bounded by Biscayne
Avenue to the west, Akron Avenue to the east, County Road 42 to the north, and County Road 46 to the
south. The University would like to mine this aggregate for a number of reasons, including providing
funds to clean up and develop other portions of the UMore site and to create a more interesting and
attractive topography when the mining is completed. The University has selected Dakota Aggregates, LLC
(a partnership between Gemstone and Ames Construction) to operate the gravel mining operation at
UMore. In February 2010, staff provided the City Council an update on the mining proposal and in June
2010, staff provided an update on the ancillary uses proposed. In July 2010, the University hosted an open
house regarding the environmental impact statement (EIS) in which a number of neighboring residents
commented on the mining proposal.
Since those meetings, staff has been working with UMore and Dakota Aggregates to revise the mining
proposal based upon the comments received from the City Council at their worksessions, from the public
at the open house, and from staff comments to the EIS. Dakota Aggregates has proposed a preliminary
gravel plan and staff has prepared a draft Large Scale Mineral Extraction Ordinance. Staff has discussed
elements of the mining proposal and ordinance with the Planning Commission in November and
December 2011. Dakota Aggregates is planning open houses for the Bloomfield and Enclave
neighborhoods the week of January 23 to discuss the mining proposal and the changes that have been
made to the proposal since the meetings in 2010. Staff would like to provide an update on the mining
proposal and gather any comments that the City Councilmembers may have on the changes that have been
proposed since the reviews in the first half of 2010.
DISCUSSION
Mining Scale
Dakota Aggregates is proposing to mine approximately 1,250 acre of the UMore property for sand and
gravel, as well as use approximately 200 additional acres for ancillary facilities complementary to the
aggregate use, such as cement and asphalt plant. About 550 of the 1,250 acres being proposed for mining
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are located in Rosemount and 160 of 200 acres of, the ancillary facilities are located within Rosemount.
;Originally all 200 acres of ancillary facilities had been proposed in Rosemount, but Dakota Aggregates has
moved house h of m the bag h use facili `sout o CSAH 46 and will relocate the 15 acre casting g � .gY and south of CSAH
846 after 10 years when a lease expires of research land in Empire' Township. The aggregate processing,
asphalt plant, concrete plant, and maintenance facility will remain in Rosemount for the entirety of the
mine, even after the 550 acres of mining within Rosemount has expired and the mining moves south into
Empire Township.
The operation within Rosemount is roughly bounded by Biscayne Avenue to the west, Akron Avenue to
the east, County Road 42 to the north, and County Road 46 to the south. The mining is proposed to be as
deep as 150 feet with groundwater being reached at about 75 feet deep. One result of the mining effort
will be two large lakes after reclamation, one located north of County Road 46 in Rosemount and the
'other located south of County Road 46 in Empire Township.
Phasing
To facilitate the scale of the mining operation, Dakota Aggregates had originally proposed to split the
mining into ten phases within Rosemount, each phase varying from 35 to 90 acres in size. The ten phases
are described as five dry mining phases (being phases that would not be mined below the groundwater
level) and five floating dredge phases (which would be mined below the groundwater level).
Staff has discussed with UMore and Dakota Aggregates'the need to phase development to facilitate the
mining'from north to south, allowing development to occur from County Road 42 southward, following
the mining /reclamation process. To accommodate this request, Dakota Aggregates has revised the dry
mining phases into eleven separate phases, seven of which are located north of the future Boulder Trail
extension and four phases south of the future Boulder Trail. Further Dakota Aggregates has agreed to
complete the first seven dry phases of mining and reclamation within 15 years. The remaining four dry
phases and five wet phases are estimated to take, in total, 25 years to complete.
All sixteen phases would be mined by the normal excavation equipment (bulldozers, front end loaders,
back hoes, and scrapers) above the groundwater level, but the five floating dredge phases will include a
barge to be brought on site once groundwater is reached. This type of mining would not require pumping
of groundwater or any other type of de- watering of the site.
The mining plan anticipates two phases operating at any given time, one dry mining phase and one floating
dredge phase. The intention is that not more than 80- acre's per phase, for a total of 160 acres, may be
open at any given time. The dry mining phases are generally located on the northern two- thirds of the site,
nearest County Road 42'and the floating dredge phases are located generally on the southern third of the
site nearest County Road 46 and the northeast corner of theintersection of County Road 46 and Biscayne
Avenue. It is anticipated that mining would take the next 25 years within Rosemount and an additional 15
years to mine the Empire Township portion of UMore. Dakota Aggregates is, proposing to maintain the
ancillary uses in the same location (north of the intersection of Station Trail and County Road 46) for the
entirety of the 40 years of mining "operation.
Operational Proposals
Dakota Aggregates is proposing to operate two mining phases at any time; one of the'dry mining phases
and one of the floating dredge phases. The first dry mining phase is proposed to be located about 1,500
feet south of County Road 42, while the first floating dredge phase is located northwest of the intersection
of Station Trail and County Road 46. The first seven dry mining phases will first progress south toward,
the future Boulder Trail and then west towards Biscayne Avenue. The final four dry mining phases will
progress from the ancillary facilities north to the future Boulder Trail. The floating dredge phases will
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progress west towards Biscayne Avenue along County Road 46 then north along`the east side of Biscayne
/Avenue. After about 25 years, the mining will leave Rosemount, move to the south side of County, Road
'46, and mine for an additional 15 years in Empire Township.
Buffer from the Bloomfield and Enclave Neighborhood
Hearing the concerns from the Bloomfield and Enclave neighborhoods, as well as issues of operational
noise and dust, Dakota Aggregates has proposed to provide an unmined buffer area directly south of
County Road 42. The buffer from the Enclave neighborhood will be at least 1,000 feet from the nearest
residential structure while the buffer from the Bloomfield neighborhood will be the existing windrow
about 1,500 feet south of County Road 42 and a minimum of 1,600 feet (more than a 1 /4 mile) from the
nearest Bloomfield residence.
Access
Originally, Dakota Aggregates proposed to use up to four access . locations within Rosemount: Biscayne
Avenue at Boulder Trail, County Road 42 at Auburn Avenue, County Road 46 at the existing UMore
offices, and the existing Akron Avenue at County Road 46. Residents at the open house were most
concerned about the Biscayne Avenue and Auburn Avenue accesses. Under,the County Road 42 Corridor
Study, the Biscayne Avenue and County Road 42 intersection will be a full signalized access while the
Auburn Avenue and County Road 42 intersection is a 3 /4 intersection without any signals. Staff is most
concerned about use of these accesses because of the noise that accelerating and decelerating trucks make.
Staff is also concerned about safety as full mining trucks will accelerate slower than passenger vehicles and
could be an obstruction to traffic. The County, who regulates County Road 42, has not expressed the same
reservations because the road is 2 -lanes in either direction and faster vehicles can "go around" the slower
'moving trucks.
To address safety and noise concerns, Dakota Aggregates 'has agreed to limit the mining access to and
from the site. In the beginning of mining in the northern area, trucks will use an access aligned with
Abbeyfield Road, the new road constructed within the Lennar project. This access shifts truck traffic east
of existing northern neighborhoods, which should be a noise and safety benefit for those residents as
compared to previous proposals. Dakota Aggregates is in the process of obtaining a permit from the
County for this access to ensure it will be acceptable. When the northern mining shifts from the east to
west, access will shift from Abbeyfield to Biscayne. Staff will be recommending that Dakota Aggregates
pay for half the cost of the signals at Biscayne Avenue and County Road 42 when they begin use of that
intersection. The current proposal consolidates access and represents a more controlled access plan than
the previous presentation. Access in the south, for mining and "ancillary uses will be to County Road 46. In
all cases the assumption is much of the mining °traffic from the site travels east to Hwy 52, to access the
metropolitan area.
Berming
'Berming of a mining operation is important to mitigate the visual, noise, and dust impacts that can occur
from a mine:- Generally, the taller a berm, the better it mitigates these impacts. Dakota Aggregates has
'prepared a berming plan that would require a berm to be 10 feet higher than the shoulder elevation of the
neighboring roadway to ensure that there is adequate height. Berms would be installed along County Road
46 and`along Biscayne Avenue. Because of the buffer area provided to the north (County Road 42),
Dakota Aggregates is not proposingberming where the existing windrow is located. They will put a berm
in the area which does not have landscaping, more adjoining the Enclave.
The remaining issue regarding the berms is the landscaping on the slope facing the public right -of -way.
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Staff and Dakota Aggregates have discussed requiring landscaping with trees for any berm planned to exist
longer than 15 years. This would mean that the berms south of County Road 42 but north of the future
Boulder Trail would not be landscaped with trees while all other berms would be. Dakota Aggregates is
`requesting`to install trees shorter than 6 feet in heightbecause of the long term nature of the berms and'to
`maximize the lifespan of the trees.
Hours of Operation
The current mineral extraction provisions in the zoning ordinance limits hours of operation to 7, am to 7
pm, Monday through Saturday. Dakota Aggregates is'agreeable to the hour limitations although has
requested allowing loading and staging of trucks to begin at 6:30 am. This extra half hour will allow trucks
to leave the site at exactly 7 am. Staff has requested an operational plan from Dakota Aggregates that
would allow the trucks to have a one -way circulation route for loading that would prevent trucks from
backing up and activating their back up alarms prior to 7:OOam.
Dakota Aggregates is requesting that the ancillary facilities (concrete and asphalt plants) and the floating
dredge phases be allowed to operate 24 hours a day. There has been discussion thafif some mining
operations occurred for 24 hours there would be access restrictions to the site to reduce off-site noise
issues. It would be recommended that truck access to the site would have to be limited to the County
Road 46 accesses and the haul routes would only allow east -west travel on County Road 46 to US Highway
52 to the east or Cedar Avenue or 1 -35 to the west. During the extended hours no truck hauling would be
allowed on South Robert Trail, County Road ,42, or Biscayne Avenue. Dakota Aggregates has stated that
they could agree to those standards.
Reclamation Grades
The EIS for the mining had proposed agricultural use following the mining reclamation and Dakota
Aggregates has proposed a reclamation pan containing five to one (5:1) grades to facilitate farming. While
farming may occur directly after the mining, staff is concerned that the 5:1, grades are too steep to facilitate
the development of the urban uses shown in the UMore Concept Plan. UMore has shown that twenty to
one slopes (20:1 or 5% grade) can facilitate urban development: To create these 20:1 grades, UMore has
agreed to require that the first seven dry mining (mining area north of Boulder Avenue extended)
be reclaimed to the 20:1 slopes within sixteen (16) years. For the area south of Boulder Avenue, UMore
will commit to grading the site with development.
Approval Process
Dakota Aggregates is proposing to conduct two neighborhood meetings at the end of January to inform
the Bloomfield and Enclave neighborhoods of the changes proposed to the mining operation since the
July 2010 EIS open house. Following those meetings, the Planning Commission would conduct a Public
Hearing for the Large Scale.Mineral Extraction Ordinance and recommendation for the City Council review.
Following a City Council approval of the ordinance, the Planning Commission would conduct a Public
Hearing for the actual mining permit and prepare_ a recommendation for the City Council. Dakota
Aggregates would not be able to begin the any mining until after the City Council approved the mining
permit.
RECOMMENDATION
Staff is interested in updating the Council on several of the proposed mining changes that have occurred
since last year. Staff is also interested in feedback to assess whether it is reasonable for the mining operator
to undertake public meetings to gather additional input on their proposal before the City's formal process
begins. Staff wants to ensure the Council is aware of the proposals being made by Dakota Aggregates and
what information they are planning on presenting to the residents.
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DRAFT 'VERSION 1247/20121 LARGE SCALE MINERAL EXTRACTION:
A. Purpose:
1. To provide for the economical availability and removal of sand, gravel, rock and soil vital' °to°
the growth of the city and the region;
2. To establish regulations safeguards and controls in the city regarding noise, dust, traffic,
drainage, groundwater quality and other factors which will minimize the environmental and
aesthetic impacts on mined or adjacent property;
3. To reduce the potential for pollution caused by wind and soil erosion and sedimentation;
4. To establish the locations, orderly approval process, and. the operating conditions under,
which large scale sand and gravel extraction and processing _Will be allowed inrthe city; and to
establish conditions which insure the restoration of mined areas co nsistent with existing and
planned land use patterns;
5: To regulate and ensure the mitigation measures are inplernented on large scale mineral,
extraction operations that have completed their environmental impact statements and /or
other appropriate environmental review;'
6. To establish a large "mineral extraction overlay--district as the onlylocation where large scale
mineral extraction operations will be allowed, pursuant to City Council_ approval of an
,interim use permit and annual Council approval of annual excavation- permits.
B. Definitions: = _
For the purposes of this Section, the following definitions shall apply:
Asphalt Plant -used to manufacture asphalt.or other forms of coated road stone, sometimes
know as blacktop. This facility allows the combination of a number of aggregates, sand, and
filler, in the correct proportions, heated 'and fmally_coated with a binder. The temperature of the
finished product must be sufficient to be workable after transport to the final destination.
Increasingly, (RAP) _recycled asphalt or aggregate products are used as part of the mix. RAP is
introduced after the heating process.
Ber is a lev space, shelf, or raised barrier separating two areas.
Bathymetrie Bathymetri ( or hydrograpl ic) charts show lake bottom relief or terrain as
contour lines (called depth contours_-or isobatlis) and selected depths (soundings), and typically
also provide surface navigational information.
Concrete_- a mixture of paste and aggregates (sand& rock). The paste, composed of cement
and water, coats the surface of the fine (sand) and coarse aggregates (rocks) and binds them
together into a rocklike mass known as concrete.
Construction Aggregates -or simply "aggregate" is'a broad category of coarse particulate
material used in "construchori, including sand, gravel, crushed stone, slag, and recycled concrete.
Aggregate serves as reinforcement to add strength to the overall composite material. Aggregates
are used as a stable foundation with predictable, unifom properties, or as a low cost extender
that binds with more expensive cement of asphalt to form concrete. ,
Contaminant Free Compactable Material — minus #4 sieve sized materialthat is free of
any toxic /waste impurities suitable for reclamation purposes.
Conveying (conveyor) -is a common piece of mechanical handling equipment that moves
materials from one location to another. `
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Crushing /Crushing Plant -is a machine or plant designed to reduce large rocks into smaller
rocks or gravel. Crushers hold material between two parallel or tangent solid surfaces and apply
sufficient force to bring the surfaces together with enough energy within tie material being
crushed so that its molecules separate from, or change alignment in relation to, each other.
Dakota Aggregates LLC -a partnership company consisting of two locally owned
companies, Cemstone Products Company, a Minnesota Corporation and Ames Construction
Inc.,, a Minnesota Corporation
Dry Mining- mining and excavation area that will take place above the ground water table.
Floating Dredge (dredging) -is an activity of mining which is carried out underwater with a
Machine equipped to excavate material from underwater and bring it to shore where they can be
processed into construction grade aggregates.
Granular Material - generally referred to as fill sand or fill naterial. This material is "generally
a size #4 or less and is an excess of sand generally at a — mine site
Mineral Extraction -the specifics of mineral extraction or resaurce_extraction depend on
the resources being mined, for instance the harvesting of timber is-called logging, metal ore or
aggregates is called mining.
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Mining Buffer /Set back -the distance a 'structure or activity must be from the edge of a lot.
Overburden -is the material that lies above an area of economic interest in mining and
archaeology; most commonly the rock, soil and ecosystem'=that lies above the ore body. It is also
known as waste or spoil Overburden is;removed-during surface mining but is typically not
contaminated with toxic, and'may be used to restore an exhausted: mine.
Portable Processing "Equipment- equipment designed =on a skid or axel assembly which
can move from pornt,to point allowing for shorter'travel times ° reduced emissions.
Precast /Cast Concrete Products- products as bridge beams or plank, concrete pipe
or culverts that are cast at and -later transported to a specific construction site after a
prope - curing tune =has been achieved
Ready Mixed Conc rete Plant_is a facility < -that manufactures specifically designed concrete
for delivery= to a customet-s in -a freshly mixed or plastic unhardened state.
Concrete itself is a mature cement, water, and aggregates comprising sand and
gravel or crushed stone. Ready Mixed Concrete is bought and sold by volume — usually cubic
yards. Ready Mixed•.Concrete can be custom — made to suit different applications.
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Reclamation /End Use process of creating useful landscapes that meet a variety of goals. It
includes all aspects of this = including material placement, stabilizing, capping, regarding,
and placing cover soils, re- vegetation, and maintenance.
Recycled Asphalt and or Aggregate Products (RAP) -re- crushing, sizing and screening
of left over or demolished concrete or asphalt products. These products are recycled
(reproduced) and reused in production of new products or "road base products used on
construction sites.
Screening /Screening Plant -is a machine that takes granulated material and separates it
into multiple grades by particle size.
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Settlement Basins -a series of basins or ponds which process water flow to allowing enough
time for water solidsto settle out prior' to being recirculated into the process. Ponds or basins
are then cleaned and the solids are used in land °reclamation.
Staging (staging area)- setting up . of equipment or a truck fleet in preparation for a day's
activity.
Stockpiling -is a pile or storage location for bulk materials, forming part of the bulk material
handling process. Stockpiles are normally created by a stacking' conveyor. Stockpiles are normally
used in refineries, ports, and mine sites.
Stripping - Removing topsoil (black dirt), clay, timber, brush_and waste aggregate products
from the top of the mining deposit to expose the quality sand grid gravel needed in the
production of high quality construction aggregates.
Ton of Material -a U.S. short ton of material consists of =2000 pounds
Topsoil -is the upper outermost layer of soil, usually in the top2 to 8 inches. It has the
highest concentration of organic matter and is where most of the earth's biological soil activity
occurs. _ --_-
Truck Scale -a platform device that a tiuck<will drive onto for weighing to insure that the
truck is of legal weight and or dim' ension.
UMore Park -is a 5,000 acre parcel of land owned by the University of Minnesota. The
University has developed a master plan the -site in which a_ portion of the site will be mined
for sand and gravel. The mining operation is part of the long: term °master plan.
Wet Mining-mining-and excavation -area that will_take place below'the ground water table.
Washing /Wasli Plant - a machine which sand and gravels conveyed into, separated by size,
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washed, dewateted, and then sent stockptles-forload out.
C. Review Process: _-
1. Pubhc HearingA public hearing will beconduct_ for The public hearing, public notice and
___,procedure requirements for the permits shall be the same as those�for,amendments as
provided in section 11, -10 11 of_this chapter
2. Criteua_for Permit Approval: The following factors will be evaluated when determining the
appropriateness of a large scale'mineral extraction operation. The approval or denial of a
permit shall include, but notlimited to, findings on the following factors.
a. Consistency =with City Plans and Policies: The proposed large scale mineral extraction
permit is consistent= with the comprehensive guide plan and the location is suitable in
that the excavation;-: mining, processing, stockpiling or hauling of sand and gravel
deposits will not tend to create a nuisance or exceed local, state or federal safety and
environmental standards on the adjacent` properties. The petitioner for a permit, at his
or'her sole cost, shall`provide information to help determine the suitability, including,
but not limited to a completed zoning amendment application; exhibits illustrating
adjacent and on -site buildings and land uses; existing elevations and percent of slope
within and 300 feet beyond the perimeter of the site and environment impact statement.
b. Environmental Impacts: An environmental impact statement (as defined by Minnesota
Environmental Quality Board Rules) shalrbe completed for each large scale gravel
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mining project proposed. The proposed project shall meet th&recommended standards
provided by the environmental impact statement. The responses recommendations
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of the environmental impact statement shall be considered by the City Council prior to
any final action on a large scale mineral extraction permit request. The application for
large scale mineral extraction ,permit shall not be considered complete until the time as
final comment has been received on the adequacy of the environmental impact
statement.
c. Large Scale Mineral Extraction Overlay District: The boundaries of the proposed large
scale mineral extraction operation shall'be completely within the large scale mineral
extraction overlay district. The boundary of the large scale mineral overlay district is
CSAH 42 to the north, Akron Avenue to theeast, CSAH 46 to the south, and Biscayne
Avenue to the west. From time to time, the City Council will review the boundaries of
the large scale mineral extraction overlay dist ind`determine that the boundary is in
the appropriate location to allow for orderly__;urban development with a sufficient
separation,to mitigate the impacts andnuisances of the large scale mineral extraction
operation..
D. Submittal Requirements:
1. The correct. legal description _of the land upon which excavation is proposed:
2. The name and address of the applicant, the=owner of theland and the person or corporation
conducting the actual removal operation. ? -
3. The names and addresses of all a landowners within'one- fourth ( mile.
4. The purpose of the proposed -excavation.
5 The estimated'time iequiredto complete the : proposed, excavation and, rehabilitation.
6. The names of the highways, streets'or other public roadways within the city' °upon which the
material shall be transported.
t. 7. A map of the proposed pit or excavation area to a scale of one inch equals 200 feet showing
the presently excavated- area, the area proposed to be excavated the permit period,
and the minimum andniaximum elevations of the area, and showing a minimum of,300 feet
of the adjacent land on all sides of the proposed excavation area.
8. A rehabilitation, reclamation, and restoration plan providing for the orderly and continuing
rehabilitation of all excavated land.
a. Such plan shall illustrate; using appropriate photographs, maps, and surveys drawn to a
scale of one inch equals 200 feet and with a five -foot contour interval satisfactory to the
engineer, the following:
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1) The removal or planned contours of the land when the mineral removal operations
are completed.
2) The estimated period of time that the pit will be operated and a schedule setting
forth the timetable for excavation and rehabilitation of land lying within the active,
inactive and restoration areas.
3) Those areas of the site used for storage of topsoil and overburden.
4) The depth of all water bodies, the slopes of all slopes after rehabilitation and a
description of the type and quantity of plantings where re- vegetation is to be
established.
5) The five foot contours shall extend-at least 200 feet beyond the boundary of the
operation or beyond the adjommg_ of way, 'whichever is amore inclusive.
'b. Such plan shall also provide for a hydrogeological study when restoration activities will
or may involve the filling of any. groundwater- excavation. No groundwater excavation
shall be filled, in whole or in part, without prior council approval. The hydrogeological
study shall include the following_.
1) Descriptionfol each groundwater excavation(size, shape and location).
2) Description`of the proposed fill activity (grain size distribution, quantity; and
placement procedures)_
3) _ Descnption of"the aquifer characteristics -in the area of each groundwater excavation
_ to be affected by proposed fill activity (aquifer thickness and general geological
setting).
4) Description of the =impacts of the proposed fill activity on groundwater flow regimes.
5) Groundwater monitoring plan.
6) Such other information as the city may from'time to time require.
c. Ancillary and acdessory use rehabilitation, reclamation, and restoration plan.
d. Within eighteen (18) months after the termination of long term mineral extraction
operations or within twelve (12) months after the expiration of the annual extraction
permit provided by this section, the applicant or owner shall dismantle buildings and
str=uctures incident to extraction operations and shall grade the extraction site as well as
complete all rehabilitation on the site as provided by the rehabilitation plan.
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e. No reclamated slope shall be sloped on all sides'at a maximum ratio of three (3) feet
horizontal to one (1) foot vertical. The reclamated floor of the operation shall be sloped
to a minimum average ratio of ten (10) feet horizontal to one (1) foot vertical.
f. Adjacent to Water Bodies:
9. Location of any and all existing wells and the size and depth thereof.
10. Such other information as the city may from time to timefequire, including, but not limited
to, the location or anticipated location of all stockpiles of aggregate -based construction
debris material on the land for which the permit is desired.
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E. Accessory Uses: Within a large scale mineral extraction operation,_the following uses are
customarily incidental to its operation and do not require a separate or approval. These
accessory uses must meet the same performance standards as the large scale mineral extraction '
operation._
1. Gravel Crushing.
2. Gravel Washing.
3. Truck Washing, _ -
4. , Minor Vehicle and Miiung Equip Maintenance =
F. ncillary Uses: There are a nu of uses and production facilities that either use significant
quantities of aggregate resources'or benefit from close proximity to large scale mineral extraction
operation but also generate - .. issues and nuisances beyond the scope of the operation itself. The
following regulations _these ancill<1iy uses to a large scale mineral extraction operation.
1 l--, Separate Interim Use_:Permu Required To=address the issues and nuisances generated by
ancillary uses, a separate sepakate_interitn,Use permit as provided in section 11 -10 -8 of this chapter
shall be= applied for and approved foi_each ancillary use The listing of a use in the following
subsection -- - shall not infer that the us will be approved within the large scale mineral
extraction operation or thatthe use would be allowed during the entire duration of the
operation.
2, Ancillary Uses Considered: The following is a list ancillary uses that may be considered in
association with a large scale mineral extraction operation and the issues and performance
standards that shall be addressed within the interim use permit.
a. Concrete Production: A plant for the production of concrete may be allowed on site that
has an approved large scale mineral extraction permit in compliance with this section of
this chapter. In addition, the following performance standards shall apply:
1) Location: The plant shall be located in such a way as to minimize its visible from an
adjacent residential use or a public right of way. This may be accomplished through
topography, landscaping, existing.vegetation, berming or setback. The minimum
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setback from any property line shall be twice the height of the plant or applicable
setback under this code, whichever is greater.
2) Multiple Concrete Plants: If a facility is to have multiple concrete plants, each
concrete plant shall have its own.separate interim use permit. The primary concrete
plant shall have the equipment enclosed within a building. The enclosure for the
primary concrete will be constructed with use of the primary concrete plant so
there will be an amount of time that the plant will be up and running unenclosed.
3) Plant Height: The maximum height of any concrete - plant shall be one hundred and
five feet (105').
4) Material Stockpiles: Stockpiles associated with these uses shall be limited to a height
of sixty feet (60').
5) Outdoor Storage: There shall be no_outdoor storage of finished material or products.
All equipment and raw material associated with the cem ent orconcrete plant must
be screened from view from an adjacent residential use or pubhcright of way in
conformance with section 11-2-9, "Outdoor Storage ", of this title '-
6) Hours of Operation: The hours; of operation hall be limited to 7 a.m. to 7 p.m.
Monday tlitough Saturday unless special permission is granted by the City Council
within the interim use permit The'extra hours of operation may subject the cement
or concrete-pro duction operation to more restrictive erformance standards to
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address the.addittonal nuisances that the extra hours create.
7) Haul Routes: Traffic generated bythis'use shall utilize haul routes approved by the
__city and othetagencies as required. The plant' owner shall be responsible "for. road
improvements= -and easements neded e f ingress and egress subject to °approval by
the city =The haul routes may require Dakota County Highway Department or the
M innesota Department;of Transportation approval as well
b. A phalt Production A plant for the production of asphalt may be allowed on site that
has an approved large scale mineral extraction permit in compliance with this section of
this ., chapter. In addition; the following performance standards shall apply:
1) Locatio :Jhe asphalt plant and all equipment associated with it shall be located a
minimum of silt hundred sixty feet (660') from any non - agricultural zoned land.
2) Setback and Buffering: The plant and all equipment and materials associated with it
shall be set back a minimum of seventy five feet (75') from'any property boundary
line and screened by natural features including berming or vegetation. Year round
one hundred percent (100 %) opaque screening with earthen berms and landscaping
shall be required from ground level to the first thirty percent (30 %) of the overall
height and fifty percent (50 %) opaque to fifty percent (50 %) of the overall height of
the plant as viewed from eye level from surrounding right of way" or roadways.
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3) Haul Routes: Traffic generated by this use shall utilize haul routes approved by the
city and other agencies as required. The plant owner shall be responsible for road,
improvements and easements needed for ingress arid egress subject to approval by
the city. The haul routes may require county'highway department or the Minnesota
department of transportation as well.
4) Access: Traffic generated by this'use shall enter onto streets consistent with city
access and design standards. The owner of these uses shall be responsible for all
costs associated with road improvement's required to serve the use:
5) Material Stockpiles: Stockpiles associated with these uses shall be limited to a height
of sixty feet (60').
6) Outdoor Storage: There shall be no outdoor - storage of finished material or. products.
All equipment and raw material associated with the asphalt plant must be screened
from view from an adjacent residential use or public right 'of way in conformance
with section 11 -2 -9, "Outdoor Storage ", of this title.
7) Air Emissions: Asphalt operations shall-comply with Minnesota Rules 7011 for
testing, monitoring and operational requirements.
8) Waste Byproducts: This use shall operate so as riot to discharge onto the soils of the
lot, across the boundaries the lot or'through percolation into the subsoil of the lot
{ or beyond the boundary of the lot where - such use is located, toxic or noxious matter �.
in such as to be detrimental to or_enda ger the public health, safety,
comfort=or welfare, or, cause m)ury-or_damage to property or business.
9) Odors: This use shall operate in a way - =so as to prevent the emission of odorous, .
matter of suchqualitg ° as to _be readily detectable beyond the lot line of the site on
_ = - which such use is located.
10) Surety Bond This use shall comply with the applicable operating, special
requirements and_bonding for restoration standards for mineral extraction specified
in=subsection J4 of'this title ''
"11) Hours of Operation: The hours of operation shall be limited to 7 a.m. to 7 p.m.
Monday'through Saturday unless special permission is granted by the City Council
within the mteririuse permit. The extra hours of operation may subject the asphalt
production operation to more restrictive performance standards to address the
additional nuisances that the extra hours create.
c. Maintenance Facility: A facility for the repair of trucks, other vehicles and equipment
used in a mineral extraction operation may be allowed on site that has an approved large
scale mineral extraction permit in compliance with this section of this chapter. In
addition, the following performance standards shall apply:
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1) General Industrial Site, Lot, and Building Standards: The mining vehicle,repair
facility shall comply with the site, lot, and building standards within subsections 11 -4-
16 F and G of this title
d. Casting Yard:
e. Asphalt and Concrete Product Recycling:
G. Performance Standards:
1. Permit Required: It shall be unlawful for any person, firm_or corporation to remove, store or
excavate rock, sand, gravel, clay, silt or, other like materialin =the city, or to fill or raise the
existing surface grades, on a site larger than 80`acres without receiving a permit for large
scale mineral extraction: Such permits may only be issued in the zoning district when large
scale mineral extraction
tion is listed as an interim use 'uerm
rthore, large scale'mineral
extraction shall not be allowed outside the largescalemineral extraction overlay district, so
as not to interfere with the orderly growth and'expansion of publicxutilities.
2. Boundary: Extraction operations shall be conducted within the confines of the excavation
site described in the application.
3. Access: Extraction operations'shall only be allowed n _ o sites which have direct access to a
principal arterial, minor arterial, a collector_ street as designated in the city of Rosemount
comprehensive guide plan. A local street maybe used if approved by the City Council.
4. Setbacks: Setback boundaries shall be as_follows-ln the_case \that the setbacks are measures
from zoning district boundaries that occur aloe g a public-street right- of- way,'the zoning
district boundary_is assumed to bethe centerline of that public right -of -way.
a. Residential Zoning District 350 feet
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b _ - Industrial, Commercial or Z
Institutional omri District: 150 feet
Agricultural Zonug Dist 30yfeet
d. Inhabited Residence not in a Residential Zoning District 200 feet
e. Right -of way or Streets: 75 .feet
f. Pre - existing W
ater=$odies: 150 feet
5. Height: The height of all equipment, stockpiles, and'all other, operations within the
permitted mineral extraction operation shall not exceed sixty (60) feet. This standard does
not apply to the ancillary facilities covered by a separate interim use permit.`
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6. Appearance,. Screening, and Berining.:
a.
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7. Hours' of Operations:
a. Mining: The hours of operation shall be limited CO 7 a.m. to 7 p.m. Monday through
Saturday. The Community Development Director may authorize Sunday operation from,
8 a.m. to 5 p.m. on no more than five (5) Sundays annually provided the operator'
notifies the Community,Development Director no less than 72 hours before a Sunday
operation. The City Council may grant special permission for extra hours of operation
within the, annual extraction permit. The extra hours of operation may subject the
mining operation to more restrictive performance standards to address the additional
nuisances that the extra hours create.
b. Crushing and Washing. The hours of operation shall be_limited to 7 a.m. to 7,p.m.
Monday through Saturday. The City Council map grant special permission for extra
hours of within the annual extraction permit; The extra hours of operation
may subject the crushing and washing operation to more restrictive per "formance
standards to address the additional nuisances that the extra'hours' create.
c. Truck Hauling: The hours of operation shall be limited to 7 a m to 7 p.m. Monday,
through °Saturday. The Community Development Director may authorize Sunday
operation from 8 a.m. to 5 p.m. on no more'_than five (5) - Sundays annually provided the
operator notifies the Community Development Director no less than 72-hours before a
Sunday operation. The City Council may grant special permission for extra hours of
operation within the annual extraction permit. The extra hours of operation may subject
the truck hauling to more restrkfive p erformance standards, including but not limited to
the truck haul routes, to address _the additional nuisances that the extra hours create.
d. Staging Activities: Staging activities will be perm itted one half hour before normal
hours and one half hour after normal _hours for staging activities. Staging activities
include lining loading of trucks, equipment inspections, fueling, and other
__. similar related actions Trucks may enter=the site within one half hour before the
normal hours, howeverno gravel trucks may leave the site until normal hours of
_operation. After=the P M "normal hours of operation and within one half hour past the
: M. normal hours`_of operation, site clean -up and equipment maintenance is
permitted as well :\
8. Slopes:
a. Mining During the entire period of operations, all excavations other than the working
°face shall be sloped_on sides at a maximum ratio of one (1) foot horizontal to one (1)
foot vertical, unless7a steeper slope shall be approved by the City Engineer.
b. Berming: The public view'or right -of -way face of the perimeter berms shall be sloped at
a maximum ratio of four (4) feet horizontal to one (1) foot vertical. The extraction side
of the perimeter berm shall be sloped at a maximum ratio of three (3) feet horizontal to
one (1) foot vertical.
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9. Noise: Maximum noise level at the perimeter of the excavation site shall comply with the
limits or standards established by the Minnesota pollution control agency and the United
States environmental protection agency.
10. Paved Access Road: All acces's roads from a large scale mineral extraction operation to any
public roadway shall be paved with asphalt or concrete for a distance of at least 150 feet
measured from the mining side of the public right -of -way to minimize dust conditions.
During the annual excavation permit review, the City Council may require additional paving
length if dust and mud tracking are identified as a problem by the city. All unpaved roads
within the mining operation shall be treated with a dust retardant on a regular basis as
stipulated in the annual excavation permit.
11. Dust Control: Operators shall use all practical means to teduce the amount of fugitive dust
generated by excavation operations. In any event,_theam.ount_of dust or other particulate
matter generated by the excavation shall not exceed air pollurionstandards established by the
Minnesota pollution control agency. On high wind days, the Community Development
Director may require that the mineral extraction operation is cease operations to eliminate
additional dust generation.
12. Explosives: The use of explosives_in the large scale mineral extraction operation is
prohibited. e
13. Surface Water Pollution: The mining puns- shallcomply with th.e City's Surface Water
Management Plan Excavation operators shall comply with all applicable Minnesota
Pollution Control A dfe and of Natural Resources regulations and all
applicable United States environmental protection agency regulations for the protection of
water quality. No waste products or processed residue, including untreated wash ° Water, shall
be deposited in any public waters of the state-of Minnesota.
14 Groundwater = The excavation operators shalfprepare a groundwater monitoring plan to
ensure that groundwater flow level, or quality is not impacted. The groundwater monitoring
plan shall comply with City and Minnesota Department of Health regulations.
15. Wastewater_ On site se\agetreat t systems shall conform with City Code Title 9 Chapter
6, Dakota - County Ordinance art
113, and all applicable state and federal regulations.
16. Topsoil: All topsoil located the site before the mineral extraction operation begins, except
the topsoil located over areas that are planned to be reclamated as open water, shall remain
within boundaries of1lie operation. Additional topsoil maybe retained to ensure that a
minimum of 6 inches of topsoil is placed on all area reclaimed and restored as dry ground.
17. Landscaping:
a. Existing tree and ground cover shall be preserved to the maximum extent feasible,
maintained or supplemented by selective cutting, transplanting and replanting of trees,
shrubs and other ground cover along all setback areas.
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b. The public view and right -of -way side of berms that are planned to exists longer than,15
years shall be landscaped with a density of one tree per 625 square feet. A minimum of
66% of the trees shall be conifers.
c. Berms that are planned to exist less than 15 years shall be landscaped with a standard
MNDOT ROW mix.
d. All areas reclaimed shall be seeded with a City approved seed mix within fourteen (14)
days final grade being established. Additional seeding shall be applied as needed until
the vegetation has been established.-
e. The City may require areas that have remain undisturbed for more than twelve (12)
months if it is determined that these areas generation airborne dust particles.
18. Maintenance of Mining.Vehicles:
a. All machinery shall be kept operationalr_ =
b. Abandoned machinery and rubbish shall be promptly, removed from`the excavation site
c. All machinery shall be periodically inspected, repaired, and painted as need to prevent
rusting or'other deterioration o£ themachinery
19. Lighting:
20. Council Waiver - The C ity Council, at the_ time of is of the annual extraction permit,
may waive or Modify any &the provisions -m this section of impose additional requirements
if it finds that the plan of operation of other inaterials submitted with the application or
other factors make appropriate more suitablemeasur°es for standards consistent. with the t
public health safety and welfare
H. Special_Requirements
1 Reimburse of City Costs Reimburse the city foithe cost of periodic inspections for the
purposeof determining that the iTiozrisions of the extraction permit and this title are being
followed: `__ _ -
2. Haul Routes Submit to council a detailed map of the streets on which the material removed
shall be transported (haul roads). The city shall inspect the haul roads proposed to be used
by the applicant or owner and shall recommend to the council necessary upgrading or
repairing of the haul roads prior to their use by the applicant or owner. The council shall
designate the haul roads and may consider the recommendations of the responsible city
officials in the extraction perrnit issued to theTapplicant. It shall be the responsibility of the
applicant or owner to maintain the haul roads in accordance with the provisions set forth in
the permit. The city shall periodically inspect haul roads to ensure compliance with the
permit. During theperiod of or upon completion of the excavation operations, the applicant
or owner shall make any necessary repairs to the haul roads as recommended.. by the city. All q ,
r costs of inspection provided for in this subsection Shall be borne by the applicant or owner.
The use of the haul roadsshall be further subject to any road and weight restrictions
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imposed by - the city. The operator shall be responsible for reimbursing the City for any
additional resources or maintenance costs that is used on public roads as a result of
mining operation.
3. Gravel Production and Phasing::
a. A phasing plan must be prepared which limits operations to a maximum area of eighty
(80) acres per phase of operations.
b. A mineral extraction permit for the first phase "of an extraction operation shall be limited
to a maximum area of eighty (80) acres. An extraction permit for phase two (2) or
subsequent phases of a mineral extraction operationSiall not be issued °until at least
seventy percent (70 %) of the previous phase of operations has been rehabilitated
according to an approved comprehensive rehabilttation_plan.
c. No mineral extraction pertnit'shall authorize extraction operations to be conducted in
more than two (2) phases of an extraction operation concurrently.
d. No mineral extraction permit shall autlioii extraction to lie conducted on more than
one hundred and sixty (160) acres at one time.
4. Other Requirements as.Deter_min u
ed by the Concil Comply with such other�-requirements as
the council shall from time to tune deem proper and necessary for the protection of its
,citi and the general welfare _ _ _ _ _
I. Reclamation, Restoration;= °and Rehabilitation: = -
1. Phased Operation =-
2. Significant Trarisporb:don Corridors _ _
3. Water Bo_diesand Drainage Plan =
4. _End Use Plan.
5. Final Grading Plan ' -
6. Removal of Buildings, Structures, and Vehicles:
7. Trunk Utility Services -,
8. Haul -back Materials and Operations:
9. Duration of Mining and /or Ancillary Uses
A
J. Annual Extraction Permit:
1. Duration of Extraction Permit:
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2. Extraction Permit Fee: ,
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3. Inspections:
4.'. Financial Surety: The council shall require the applicant or owner of the premises on which
the excavation operation is located to post a surety with a surety acceptable to the city, cash
escrow or letter of credit ("security")' in an amount and source determined by the council,
running to the city, conditioned to pay the city the extraordinary costs and expense of
'repairing any streets where such repairwork is made necessary by the special burden -
resulting from hauling and travel, and removing material from any pit or excavation, and ,
conducting required rehabilitation and conditioned further to comply with all the
4. requirements of this title and the particular extraction pef it, and to pay any expense the city
may incur by reason of doing anything required to-be done any applicant to whom a
permit is issued. The security shall remain in full force and effect for a minimum period of
one year after expiration of the extraction permit to guarantee the required rehabilitation as
well as the other requirements herein provided The surety bond will be calculated by based
on the number of acres requested within the annual large scale mineral_ extraction permit.
Surety for unfulfilled mitigation measures �vrll_be determined and a security will be required
as long as the mitigation measures are not completed _ =
5. Insurance: - _ __ _ __
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EXISTING ROSEMOUNT MINERAL EXTRACTION ORDINANCE
11 -4 -1: AG AGRICULTURAL DISTRICT..
D. Conditional Uses:
Mineral extraction, provided the site is east of State Trunk Highway 52 on properties situated within
one -half (1/2) mile of County State Aid Highway 42.
11 -10 -4: MINERAL EXTRACTION:
A. Permit Required: It shaiLbe unlawful for any person, firm or corporation to remove, store or
excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing
surface grades, without receiving a permit for mineral extraction. Such permits may only be issued in
the zoning district when mineral extraction is listed as a permitted use with special restrictions.
Furthermore, mineral extraction shall not be allowed in that portion of Rosemount located west of
Akron Avenue, so as not to interfere with the orderly growth and expansion of public utilities.
B. Exceptions: An extraction permit shall not be required for any of the following:
1. Excavation for a foundation, cellar or basement of a building if a building permit has been issued.
2. Excavation by state, county or city authorities in connection with construction or maintenance of
roads; highways or utilities.
3. Curb cuts, utility hookups or street openings for which another permit has been issued by the city.
4. Excavation less than one' hundred (100) square feet in area or one foot (1') in depth.
5. Excavation or grading for agricultural purposes. (Ord. B 9 -19 -1989)
C. Application, Public Hearing, Notice And Procedure: The application, public hearing, public
notice' and procedure requirements for mineral extraction permits shall be the same as those for
amendments as provided in section 11 -10 -11 of this chapter, except that the permit shall be issued
on the affirmative vote of a majority of the entire council. Application for the extraction permit shall
be made in writing in the form specified by the city. The application shall contain the following
information:
1. The correct legal description of the land upon which excavation is proposed.
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EXISTING ROSEMOUNT MINERAL EXTRACTION ORDINANCE
2. The name and address of the applicant, the owner of the land and the person or corporation k ,
conducting the actual removal operation.
3. The names and addresses of all adjacent landowners within three hundred fifty,feet (350') or, if
the subject property is located in agricultural (AG), agricultural preserve (AP) or rural residential
(RR) district, within one - fourth ( mile.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed excavation and rehabilitation.
6. The names of the highways, streets` or other public roadways within the city upon which the
material shall be transported. (Ord. B -96, 12 -2 -1997)
D. Standards: The following standards shall'apply to all extraction operations:
1. Boundary: Extraction operations shall be conducted within the confines of the excavation site
described in the application.
2. Access: Extraction operations shall only be allowed on sites which have direct access to either a
principal arterial, minor arterial, a collector' street, or to a local street if approved by the public works
department, as designated in the city of Rosemount comprehensive guide plan.
3. Prohibited Areas: Extraction operations shall not be conducted within the following:
a. Five feet (5') of the right of way or easement of an existing public utility.
b. Thirty feet (30') of the boundary of an adjoining property which is not being used for extraction
operations. (Ord. B, 9 -19 -1989)
c. Fifty feet (50') of the right, of way of a public street or highway. (Ord: B -96, 12 -2- 1997)
4. Phasing Of Operations: Extraction operations to be conducted on'a site larger than fifteen (15)
acres shall be subject to the following requirements:
a. A phasing plan must be prepared which limits operations to a maximum area of fifteen (15) acres
per "phase of operations.
b. A mineral extraction permit for the first phase of an extraction operation shall be limited to a
maximum area of fifteen (15) acres. An extraction permit for phase two (2) or subsequent phases of
a mineral extraction operation shall not be issued until at least seventy percent (70 %) of theprevious
phase of operations has been rehabilitated according to an approved comprehensive rehabilitation
plan.
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EXISTING ROSEMOUNT MINERAL EXTRACTION ORDINANCE
c: No mineral extraction permit shall authorize extraction operations to be conducted'in more than
two (2) phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extraction to be conducted on more than nineteen
and one -half (19 acres at one time.
5. Fencing: During excavation operations, access to any area where collections of water are one and
',one -half feet (1 in depth or more or where excavation slopes are steeper one foot (1')
vertical to one and one -half feet (1 horizontal and any other areas where obvious danger to the
public exists shall be controlled by a fence erected and maintained around the entire site or portions
thereof and shall be a type specified by the council.
6. Appearance And Screening:
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be 'promptly removed from the, excavation site.
c. Within three (3) months after the termination of excavation operations or within three (3) months
after the expiration of the extraction permit provided by this section; the applicant or owner shall
dismantle buildings and structures incident to excavation operations and shall grade the excavation•
site as well as complete all rehabilitation on the site as provided by the rehabilitation plan.
d. When required, the perimeter of the °excavation site shall be planted or otherwise screened:
e. Existing tree and ground cover shall be preserved to the maximum extent feasible, maintained or
supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground
cover along all setback areas.
7. Excavation Operating Standards:
a. Noise: Maximum noise level at the perimeter of the excavation site shall comply with the limits or
standards established by the Minnesota pollution control agency and the United States
environmental protection agency.
b. Hours: All excavation operations shall be conducted between seven o'clock (7:00) A.M. and seven
o'clock (7:00) P.M., Monday through Saturday only. The council may restrict excavation, processing
or related operations on legal holidays if such activities cause noise or other disturbances offensive
to adjacent property owners.
c. Explosives: The use and handling of explosives at the excavation site shall be coordinated with the
police department. Blasting shall occur only at hours specified in the extraction permit.
d. Fugitive Dust: Excavation operators shall use all practical means to reduce the amount of fugitive
dust generated by excavation operations. In any event, the amount of dust or other particulate
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EXISTING ROSEMOUNT MINERAL EXTRACTION ORDINANCE
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j matter generated by the excavation shall not exceed air pollution standards established by the
Minnesota pollution control agency.
e. Water-Pollution: Excavation operators shall comply with all applicable Minnesota pollution
control agency and department of natural resources regulations and all applicable United States
environmental protection agency regulations for the protection of ,water quality. No waste products
or processed residue, including untreated wash water, shall be deposited in any public waters of the
state of Minnesota.
f. Topsoil Preservation: All topsoil shall be retained at the excavation site until the completion of
rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations: During the entire period of operations, all "excavations
other than the working face, shall be sloped on all sides to a maximum ratio of one foot (1')
horizontal to one foot (1') vertical, unless a steeper slope is approved by the city. Where excavations
are adjacent to a public roadway or other right'of way, the excavation shall have a maximum slope of
four feet (4') horizontal to one foot (1') vertical. Slopes adjacent to waterways shall not exceed six
feet (6') horizontal to one foot (1') vertical.
h. Equipment: All equipment and machinery shall be operated and maintained in such a manner as
to minimize dust, noise and vibration. Power drives or power producing machines shall not be
housed or operated less than one thousand feet (1,000') from a residential use. Access roads shall be
.. maintained in dust free condition by surfacing or other treatment as may be specified by the city
engineer.
i. Processing: Crushing, washing and refining, or other similar processing may be authorized by the
council as an accessory use, provided, however, that such accessory processing shall not be in
conflict with the use regulations of the district in which the operation is located.
j. Council Waiver: The council, at the time of issuance of the extraction permit, may waive or modify
any of the provisions in this section Or impose additional requirements if it finds that the plan of
operation or other materials submitted with the application or other factors make appropriate more
suitable measures for standards consistent with the public health, safety and welfare.
E. Special Requirements: The council, as a prerequisite to the issuance of an extraction permit, or
after an extraction permit has been granted, may require the applicant or owner of the premises to:
1. Reimburse the city for the cost of periodic inspections for the purpose of determining that the
provisions of the extraction permit and this title are being followed.
2. Submit to council a detailed map of the streets on which the material removed shall be
transported (haul roads). The city shall inspect the haul roads proposed to be used by the applicant
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EXISTING ROSEMOUNT MINERAL EXTRACTION ORDINANCE
1
or oWner andshall recommend to the council necessary upgrading or repairing of the haul roads
prior to their use by the applicant or owner. The council'sh'all. designate the haul roads and shall u
L incorporate the recommendations of the responsible city officials in the extraction permit issued to
the applicant. It shall be the responsibility of the applicant or owner to- maintain the haul roads in
accordance with the provisions set forth in the - permit. The city shall periodically inspect haul roads
to ensure compliance$with the permit. During the period of or upon completion of the excavation
operations, the applicant or owner shall make any necessary repairs to'the haul roads as
recommended by the city. All costs of inspection provided for in this subsection shall be borne by
the applicant or owner. The use of the haul roads shall be further subject to any road and weight
restrictions imposed `by`the city.
3. Submit annually in writing to the council the estimated quantity of minerals to be excavated. -If the
quantity of minerals to be excavated is for any reason likely to exceed the original estimate herein
required, the applicant or owner shall notify the council of the change in estimated quantity.
4: Comply with such other requirements as the council shall from time to time deem proper and
necessary for the protection Of its citizens and the general welfare.
F. Inspections: The city may inspect all excavation sites where an extraction permit has been issued.
. The operator or owner of any excavation operation found in violation of the requirements of this
title or its extraction ermit shall remedy such violations
within the time specified b
p Y P by written notice
from the city.
G. Duration Of Extraction Permit: The excavation license shall run from January 1 through
December 31 of the same year or for a lesser period of time as the council may specify at the time of
issuance of the extraction permit. If the extraction permit is to run for less than a full year, the fee
shall be prorated as determined by the council.
H. Extraction Permit Fee: The applicant, or owner of the premises on which the excavation
operation is located shall annually submit to the council written estimates of:
1. The total area of the mineral extraction operation (expressed in acres) to be actively mined during
the forthcoming year; and
2. The total area for which an extraction permit permitting mineral extraction operations has been
granted (expressed in acres) which will not be actively mined in the forthcoming year.
3. The council shall, by resolution, establish an annual per acre permit fee.
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EXISTING ROSEMOUNT MINERAL EXTRACTION ORDINANCE
I. Surety Bond: The council shall require the applicant or owner of ,the premises on which the
excavation operation is located to post a surety bond with a surety,acceptable to the city, cash
escrow or letter of credit ( "security ") in an amount determined by the council, running to the city,
conditioned to pay the city the extraordinary costs and expense of repairing any streets where such
repair work is made necessary by the special burden resulting from hauling and travel, and removing
material from any pit or excavation, and conducting required rehabilitation and conditioned further
to comply with all the requirements of this tide and the particular extraction permit, and to pay any
expense the city may incur by reason of doing anything required to be done by any applicant to
whom a permit is issued. The security shall remain in full force and effect for a minimum period of
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one year after expiration of the extraction permit to guarantee the required rehabilitation as well as
the other requirements herein provided. (Ord. B, 9 -19 -1989)
J. Cement Or Concrete Production: Cement or concrete production may be allowed in the AG
agricultural district as a conditional use provided the site has an approved mineral extraction permit
in compliance with this section and section -10 -7, "Conditional Use Permits ", of this chapter. In
addition to these sections, the following performance standards shall apply:
1. Council Review: The council at the time of issuance of a CUP for cement or concrete
production, may waive or modify any of the provisions of this section or section 11 -10 -7 of this
chapter or impose additional requirements if it finds that the plans or other factors make appropriate
more suitable measures for standards consistent with the public health, safety, and welfare.
2. Inspection: The city may inspect all sites with or 'requesting a CUP for cement or concrete
production. The operator or owner of any cement or concrete production site found in violation of
the requirements of this section omits CUP shall remedy such violations within the time specified by
written notice from the city. Failure to remedy any violations within the specified time frame may
result in revocation of the CUP.
3. Location: The plant shall be located in such a way that it is not visible from an adjacent residential
use or a public right of way. This may be accomplished through topography, berming or setback.
The minimum setback from any property line shall be twice the height of'the plant or applicable
setback under this code, whichever is greater.
4. Height: The maximum height of any concrete plant shall be seventy five feet (75').
5. Outdoor Storage: There shall be no outdoor storage of vehicles. All equipment and material
associated with the cement or concrete plant must be screened from view from an adjacent
residential use or public right of way in conformance with section 11 -2 -9, "Outdoor Storage ", of 'this
title. (Ord. B -132, 8 -7 -2003)
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