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HomeMy WebLinkAbout5.a. Case 12-01-ME Danner Mineral Extraction Permit Renewal for 2012 4 ROSEIvIOUNT EXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Date: January 24, 2012 Tentative City Council Meeting Date: February 21, 2012 AGENDA ITEM: Case 12 -01 ME Danner Mineral AGENDA SECTION: Extraction Permit Renewal for 2012 Public Hearing PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner ATTACHMENTS: Location Map, Draft 2012 Mineral APPROVED BY: Extraction Permit, Reclamation Protocol, Letter from Applicant i L RECOMMENDED ACTION: Motion to recommend the City Council approve renewal of the Danner, Inc. Mineral Extraction Permit for 2012, subject to the standards outlined in Section 11 -10 -4 of the Zoning Ordinance and the 2012 Conditions for Mineral Extraction, including: 1. Provision of a surety bond as required under Item N of the 2012 Conditions for Mineral Extraction. 2. Provision of a certificate of comprehensive general liability insurance as required under Item 0 of the 2012 Conditions for Mineral Extraction. SUMMARY Applicant Property Owner(s): Marlon L. Danner of Danner, Inc. Location: 4594 145` Street East one half mile east of US Highway 52 and one quarter mile south of CSAH 42 Area: 75 Acres Comp. Guide Plan Design: BP Business Park; MDR Medium Density Residential; HDR High Density Residential Current Zoning: AG Agriculture The applicant, Marlon Danner of Danner, Inc., requests renewal of the existing mineral extraction permit for 2012. The applicant owns and operates the mine located 4594 145`'' Street East, '/z mile east of US Highway 52 and south of CSAH 42. After reviewing the mineral extraction standards in Section 11 -10 -4 of the Zoning Ordinance, the information submitted by the applicant, and City Police records, staff recommends approval of this request. BACKGROUND The City Council last renewed the applicant's mineral extraction permit in February 2011 and that approval did not include any additions or modifications. The 2010 renewal included two modifications to the permit. First, the permit was modified to allow mining to the 840 foot elevation or approximately 30 feet below the final reclamation plan. Second, the permit was also modified to allow Danner to haul back clean fill material from public projects. Details regarding allowable haul back materials and required soil testing procedures are detailed in the attached reclamation protocol. According to the applicant, they operated within Phase 1 and 2 during 2011 and removed approximately 37,000 cubic yards of material. No material was hauled back to the mine. That activity represents about a 13,000 cubic yard reduction from 2010. The applicant is hopeful that activity in the mine will increase as the economy continues to improve. During 2012 Danner plans to continue operations in Phases 1 and 2 (see attached map). Danner plans to mine the eastern half of Phase 2 and work towards the east into Phase 1 removing aggregate to the 840 foot elevation that was approved in 2010. Access to the Danner mine comes from County Road 42 via a gravel road along the western edge of the property. This road is shared with the Otto Ped mine to the west. ISSUE ANALYSIS The Mineral Extraction Permit for Danner, Inc. contains conditions A through EE. Failure by Danner, Inc. to follow any of these conditions may result in revocation of the mineral extraction permit. It should be noted that the applicant has yet to submit an updated surety bond (Item N) or a certificate of liability insurance (Item 0). Both items must be submitted and approved by the City prior to issuance of the permit. The table below details the current land use, zoning and future land use information for the surrounding properties. These properties are all currently zoned Agricultural or Agricultural Preserve and are located within the 2030 Metropolitan Urban Service Area (MUSA). The 2030 Future Land Use Map anticipates a mixture of residential and business park uses in this area. Surrounding Land Use and Zoning Information Direction Current Land Use Zoning Guided Land Use North Agriculture Agricultural BP Business Park South Agriculture Agricultural MDR Medium Density Residential Preserve HDR High Density Residential East Agriculture Agricultural IM Industrial Mixed Use West Agriculture /Mining Agricultural IM Industrial Mixed Use The Police Department has stated that there have been no complaints reported for the mine in 2011. RECOMMENDATION Staff recommends renewal of the Danner, Inc. Mineral Extraction Permit 2012. This request is subject to the conditions outlined in the attached permit as well as the mineral extraction permits standards outlined in Section 11 -10 -4 of the Zoning Ordinance. Upon review of these standards, police records, and the information submitted by the applicant, staff recommends renewal of this permit. 2 Danner, Inc. A I Ii i III l t' II wilt 1 1 ,N.,... AT I s .\il.> i 01 f i P 11 1 II T 1 L IN 1 ,t 41 lost-El Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch 1626 feet appraisal, survey, or for zoning verification. Mineral Extraction Permit 2012 Conditions for Mineral Extraction Permit Renewal DANNER, INC. A Danner Inc., hereinafter referred to as the "Property Owner shall sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit. B The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11 -10 -04 of the City Code. C This permit is granted for the area designated as the eastern half Two and the entire Phase One (approximately P .Sweet 2 of 4 which is attached hereto as Y 19.5 acres on Exhibit A Final Reclamati f one of the exhibits. Regrading and reclamation is granted s k r e designated on Exhibit A. D The term of the permit shall extend from January 1, 204t-until December 31 2012 unless revoked prior to that for failure to comply with the permit requirer #;sAn Annual Mi ermit fee shall be paid to the City of Rosemount. E All required permits from the State of Minnesota, of Dakota City of R4t.Tount (hereinafter "City or any of their agencies shall bee obtained and s ed ti City prior to the uance of the permit. Failure by the Property Owne1;-af comply with the s an conditions of any`'of the permits required under this paragraph shall be groan fear the City to terminate said mining permit. F The final grading for the permit area shall e complete accordance' with Exhibit A, or as approved by the City Engineer, and any g ear conditions may be ed by th City from time to time. G All gravel trucks andrbd2er mimn dated traffic shall enter and exit C the mining area from County State Aid Highway 42. It shall be the Proper `Own er's responsibility to obtain any access permits or easements necessary for ingress and Mess T e location of the accesses and /or easements for ingress and egress shall be s O .to approval `b th ,Pity, as C ove ll as the County Highway Department if any changes occur relatrv® process H A P dust control sh� be submitted to and subject to approval by the City. The Property Owner shall cl ltrt and debris from,extraction or hauling operations related to the Mineral Extraction Permit from streets.After the Prope Iwner ha eceve rid 24 -hour verbal notice, the City may complete or contract to complete the clean up at the Property Owner's expense. In the event of a traffic hazard as determined by t blic Works*ector or Rosemount Police Department, the City may proceed immediately to complete or cont cleanup at Property Owner's expense without prior notification. I The surface water drain of the m area shall not be altered so as to interfere, contaminate, or otherwise affect the natural" drainage of adjacent property. J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on Exhibit A. K Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. 1 L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, subject, however, to being changed by the City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500... acre) of active phase in favor of the City for the cost of restoration, regrading and /or revegetating lax c `rbed by mining activities and to assure compliance with these conditions by the Property Own. r`'' 'e required surety bonds must be: (1) With good and sufficient surety by a surety company lli to do business in the State of Minnesota with the right of the surety company to d4,01 the same only upon at least thirty (30) days written notice to the permit holder and the City, (2) Satisfactory to the City Attorney in form and snce. (3) Conditioned that the Property Owner will thfully comply with all the t in s, conditions and requirements of the permit; all rules, regula.:5. ssnd requirements pursuant to the permit and as required by the City and all reasonable requirern of theCsity,Engineer, or o other City officials. (4) Conditioned that the Property Owner will secure tei its officers ha gainst any and all claims, or for which the City, the t cil or any City cer may be made liable li reason of any R1, accident or injury to persons or property the azutt of the Property Owner. (5) The surety bond or cash escrow s xern effect fronituary 1, 2012 to July 31, 2013. Upon thirty (30) days R io the permit holder ands ompan le City may reduce or increase the amount of the bon crow during the to t iermit Border to insure that the City is adequately protec O. The Property Owner shit nish a certificate of co ehensive general liability insurance issued b p ry g n' by insurers d ccnsed within the S iri an amount of at least Five Hundred Thousand and i p 00) D for or death cif any one person in any one occurrence, bodily injury liab an amount least 'e� vlillion and: "noJ OO°`($1,000,000.00) Dollars and property damage habili g an amount o a st T Hundred Fifty housand and no /100 ($250,000.00) Dollars arising out of y e occurrence. ''he policy surance shall name the City as an additional insured and shall remain in effect from January 12011 to T14 2013. P. The storage of equipment (unrelit#41 to the sand and gravel mining and processing), manure, construction debris, or hazardou materials of ay kind shall not be permitted on site. The placement of construction debris, manure, asphalt'in any fort or hazardous materials within the pit as fill shall be strictly prohibited. Q. The Property Owner shall NW the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. R. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. 2 S. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six -month period. T. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. U. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District mining application completed and on file with the City of Rosemount Planning Department prior to the approval of the Mineral Extraction Permit. 0,4%, V. Reclamation shall include the replacement of the entire sto tit topsoil on the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent stabilization and erosion control. The minimum depth of topsoil shall not be 1Athan two inc" after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4;2., 'rf" W. The Property Owner must show how materials s ockpiled for recycling will be ..essed and inform the City of all stockpiled materials. 3y X. All recycling must be completed with the completion of t edit phase and materials''emoved from the site. No recycling processes shall be allo to continue into s s E. equent phases. Y. The Property Owner may not assign this t without ritten approval of the City. The Property Owner will be responsible fc r all requirements of this permit all Cit ordinances on the licensed premises for the perms odat l ss s the Proper e O e° i (6) days prior written notice to the City of termination as d surrende a permit to the The Owner shall identify all Operators C�fik k t %sty prior to their commencement of mineral extraction t meted activities In the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of tbi. 't. Z. The Property Owner s r 'nstall acid maintain a `stock" gate (or equivalent) at the entrance to the property e mining p i oca l were minin o era. The gate must be secured at 7:00 p.m. and at any time the pit is not h in use. AA.The fill area ,ding and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit Reclamation Pr.. -.1 Rosemount,:Minnesota including a bi- annual report submitted to the City describing the quantities of m te+i brought it? where the material came from, and the test result of the material. The bi- annual reports sub shall describe the quantities of material brought in, where the material came from, and the test result g supporting analytical results of the materials. F6 BB. No gravel mining is permitted in the Fill Area as shown on Exhibit A. CC. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation shown on Exhibit A with haul -back, clean -fill material in accordance with the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the groundwater aquifer. DD. Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit. 3 That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of 2012. DANNER, INC. By: Its: It 4:''::; ''..N:11:14-,, 4 ,4' STATE OF MINNESOTA) COUNTY OF )fi The foregoing instrument was acknowledged before me this f 2012, by behalf of Da Owner. Notary Pu blic y i 4„ 6 J 'Ives C r 4 I g 1b C p eg i p A g COUNTY STATE AID HIGHWAY N0. 42 1 _n I, to I I t 11— g 1 9 d !Eli �i 1 i J{[ }u F i Y d i 1 j of j x I r... ill I '211 1 I rd F; :i 91 f m s o a o 0 0 p ra m y� 1 Iii 1 i 1 I i i I g J 1 p.---____..„...... ilt ix 5 g; 1 1 m 7 y D ARmo n '1 i as f s r t ill 1 L .f' 1(` I is I i i y� I i 1' 1 1 5 4 gyn s d t qI 1 r I f 1 i f n 1 1 So g0 t t y 1 j� O t f N i 1 1 A EXHIBIT A 1 f SA 1 AI y 1 M M DANNER INC. BORROW PIT RECLAMATION PROTOCOL ROSEMOUNT, MINNESOTA OVERVIEW Danner Inc. is currently mining granular materials from the property at 4594 145 Street, and has submitted plans and details to the City of Rosemount specifying final or bottom elevation for the completed pit. Danner Inc recognizes that the City requires reclamation of the property, and sees merit in initiating this process such that the mining equipment can also be used to place "haul- back" earth materials in a controlled fashion over time. The materials that will be used to refill the borrow area will be restricted to soils taken from projects from local Municipalities. Materials taken from these projects have an excellent historical record of being free from "contamination or hazardous" materials and therefore are ideally suited for the reclamation process. Given these conditions, Danner Inc desires to use "haul- back" materials from projects from local Municipalities as controlled fill to accommodate future light commercial construction. Protocol Guiding Principles Danner Inc.'s protocol involves the ongoing reclamation of the borrow pit with the end goal of creating prepared building pads for light commercial construction. To the end, the guiding principles included in the protocol presented to the City include the following: 1) All offsite fill materials will be evaluated for the presence of "contamination or hazardous which would be unacceptable to the City. 2) No offsite fill materials will be include debris, refuse or other deleterious materials, which would be unacceptable to the City. 3) Organic soil will only be acceptable for designated berms or green areas. 4) Earth materials used as controlled fill will be comprised of soil types that lend themselves to the development of a normal moisture- density relationship for compaction. 5) Danner Inc. recognizes that some conditioning of the haul -back soils may be required to facilitate compaction. 1 6) Danner Inc. will coordinate Braun Exc. Services to obtain environmental screening and Standard Proctor samples prior to hauling any earthen materials to the site. a) Once approved for fill placement, Danner Inc. will coordinate for site observations and compaction tests at representative intervals during the reclamation operations. 7) Based on plans submitted to the City, fill thickness will approach 4 -8 feet. a) The reclamation protocol will include additional site geotechnical evaluation of the completed fill sequence through the placement of soil borings or electric piezocone soundings. b) This additional parcel specific information will be utilized to develop foundation plans /recommendations for commercial building purposes. Quality Assurance Fill Material Control 1) Danner Inc. will retain Braun Intertech to perform acceptance testing of haul -back material proposed for use in the borrow area. a) Representatives of Braun Intertech will sample and perform screening tests on proposed fill materials in accordance with their letter. b) Danner Inc. will provide Braun Intertech with source of imported materials and contact name of their representatives at that location to coordinate the screening activities. 2) In addition to environmental tests, the following pre qualification testing will be performed for each soil type: Description Method of Standard Frequency Action Test Required (If failure) Standard Proctor ASTM D698 Test required in conjunction 1 per soil type N/A moisture density with field density test for test determination of Compaction levels Particle size ASTM: D422 Test required to document 1 per source or If soil tests as analysis if certain soils are moisture change in soil type being moisture sensitive or will not sensitive, develop normal moisture materials will density relationship be restricted to non structural areas 3) Braun Intertech will verbally advise owner of any material that fails screening for contamination or hazardous materials, or will no produce a normal moisture density relationship for compaction. 4) Braun Intertech will provide soil test reports within three working days of testing for routine soil types. Some environmental screening may require longer lead times. Quality Control Filling Placement Requirements 1) Prior to any filling operations, Danner Inc. will coordinate with Braun Intertech that materials being transferred to the site are free of contamination and/or hazardous materials, and these materials have been tested for optimum moisture density relationship and gradation. a. Danner Inc. will restrict earth materials to those free of debris, rubbish, frozen clumps, free of cobbles and boulders over 10" in diameter, organic soils, vegetation, or other materials. i. Organic materials will be stockpiled for utilization on embankments and organic slopes, as detailed in the plans submitted to the City. 2) Danner Inc. will perform all fill, backfill, and compaction in accordance with the recommendations of the reclamation protocol. a. The bottom elevation of the borrow pit or the various fill layers should be graded such that standing water does not occur. b. Fill surfaces should be maintained to keep areas free of water during placement and compaction c. Danner Inc. will not place backfill or fill materials on surfaces that are muddy, frozen, or that contain frost or ice. 3) Danner Inc. will only use fill materials with moisture contents near optimum (OMC) based on the Standard Proctor moisture density relationship test. a. Fill materials shall be conditioned, either dried or water added, in order to obtain moisture level near optimum. b. Danner Inc. will correct and soft or unstable areas by scarifying, wetting or drying and then subjecting to surface compaction procedures Compaction Requirements 1. Danner Inc. will not allow loose fill layers to exceed 1 foot in thickness. 2. Danner Inc. will utilize skilled work persons and proper equipment in good working condition to perform the work to full completion in a satisfactory manner. 3. Fill compaction will meet the following requirements: Item Description Method of Test Minimum of Nlinimum No. of (Standard Proctor) Maximum Dry Tests per Unit Area General Structural areas beneath ASTM: D698 98% 1 per 2000 cubic yards Building pad the building pad including or every 54,000 sq ft area a 1.1 oversize zone per lift extending beyond the Non- External non structural ASTM: D698 95% 1 per 2000 cubic yards building pad areas above/outside the or every 54,000 sq ft areas 1.1 zone per lift IIIMOrra Lawn or In embankments or green ASTM: D698 90% 1 per 2000 cubic yards unpaved areas or every 54,000 sq ft areas per lift 4) Fill materials that have been placed but found to be below specified density, shall be subjected to additional compaction and testing until the fill meets or exceeds specified density. Field Quality Control Coordination 1. Danner Inc. will notify Braun Intertech prior to the initiation of any control fill placement so independent testing laboratory can document that sub grade surface is acceptable for fill placement. 2. Danner Inc. will arrange for Braun Intertech to perform compaction testing as placement occurs. a. Tests will be performed to the frequencies required per lift. 3. Danner Inc. will provide elevation and location control on site so independent testing laboratory can properly locate its tests and retests, as required. 4. Danner Inc. will perform surveys on an ongoing basis or as a minimum at the end of every year's fill placement to develop as -built documents for submission to the City. 5. Filling operations will not be performed during the winter months. -a. -Fill materials can be-stockpiled, at designated -areas on sits for fill placement when weather conditions are appropriate. Vic DANNER, INC. 843 Hardman Avenue South South St. Paul, MN 55075 Phone: (651) 450 -0830 Fax: (651) 450 -9076 January 5, 2012 Eric Zweber City of Rosemount 2875 145 Street West Rosemount, MN 55068 Re: Mineral Extraction Permit Application Dear Mr. Zweber: I have enclosed another check, could you please return the other unsigned check back to me as soon as you receive the new one? I have also enclosed a map for the 2011 and 2012 mining phases. We have removed approximately 37,000 yards in 2011. We did not haul back any material in 2011. Please let me know if any more information is needed. Thanks for the help. Sincerely, Danner Inc. e Kelly Riggins Bookkeeper MATERIAL HANDLING SPECIALIST An Equal Opportunity Employer