HomeMy WebLinkAbout6.i. Danner Mineral Extraction Permit Renewal for 2012, Case 12-01 ME 4 ROSEN'lOUNT
EXECUTIVE SUMMARY
CITY COUNCIL
Council Meeting Date: February 21, 2012
AGENDA ITEM: Case 12 -01 ME Danner Mineral AGENDA SECTION:
Extraction Permit Renewal for 2012' Cre.'
PREPARED BY: Jason Lindahl, AICP AGENDA NO.
Planner
ATTACHMENTS: Draft 1 -24 -12 PC Minutes, Location Map, APPROVED BY:
2012 Mineral, Extraction Permit,
Reclamation Protocol, Letter from
Applicant hAJ
RECOMMENDED ACTION: Motion to 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.
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, '/a 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.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item on January 24, 2012. An excerpt of the draft minutes
from that meeting is attached for your reference. After a presentation from staff, the Commission
held a public hearing that produced no comments. Following the public hearing the Commission
asked questions related to soil testing for haul back materials. Staff explained that the permit was
modified in 2010 to allow clean haul back from public projects. Items AA and CC of the permit
were added to allow Danner to haul back clean fill for reclamation and require Danner to test all
haul back materials as described in the reclamation protocol. According to the applicant, there was
no haul back of material in 2011. The Commission then voted unanimously to recommend the City
Council renew the mineral extraction permit.
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.
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EXCERPT FROM DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JANUARY 24, 2012
5.a. Danner, Inc. Mineral Extraction Permit Renewal for 2012 (12- 01 -ME). Planner Lindahl stated
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, 1/2 mile
east of US Highway 52 and south of CSAH 42. Mr. Lindahl stated that 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.
f .
Commissioner Demuth asked about Item L on the conditions-of how the reimbursement process
would take place as referenced. Senior Planner Zweber stated that any invoices received from our
consultant, WSB, are forwarded to the applicant for reimbursement, He further stated that usually the
routine inspections are included with the cost of the application fee.
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- m Commissioner Demuth asked, how staff -knows which haulback material is kept out of the cell or put
into the cell. Mr. Z_webei replied that it is based on the - reports submitted by the applicant. Mr.
Lindahl also addedthat according to the applicant; they did not have any haulback to the site this past
year. ✓
Commissioner Dinella asked about the sehtencein the conditions that "organic soil will be acceptable
for berms or green areas ". Mr. Zweber stated it would typically be black soil or mulch which is not
allowed in haulback material but acceptable in, top soil used in restoration.
The public hearing was opened`at 6:41p.m. rJ �'
/
There were no public c ) J
MOTION by''Ege to'close.the public hear l ing.
/'Second by Dinella' <, ,. ,
Ayes: 7. Nays: None.. Motion approved. Public hearing was closed at 6:4-2p.m.
MOTION by Miller 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:
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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
O of the 2012 Conditions for Mineral Extraction.
Second by Irving.
Ayes: 7.'Nays: None. Motion approved.
Danner, Inc. -
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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.
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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 of Phase Two and the entire Phase One
(approximately 19.5 acres) on Exhibit A, Final Reclamation Plan, Sheet 2 of 4,which is attached hereto as
one of the exhibits. Regrading and reclamation is granted for the area designated on Exhibit A.
D The term of the permit shall extend from January 1, 2012 until December3l, 2012 unless revoked priorto¢_, -
that for failure to comply,with the permit requirements. _An-Annual-Minirig Permitfee shall be paid to the_ _
City ofRoserriount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City ") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
F The final grading for the permit area shall be completed in accordance with Exhibit A, or as approved by
the City Engineer, and any other conditions that may be imposed by the City from time to time.
G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements
necessary for ingress and egress: The location of the accesses and /or easements for ingress and egress
shall be subject to approval by the City, as well as the County Highway Department if any changes occur
relative to the mining process.
H A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 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 the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner's expense without prior notification.
I The surface water drainage of the mining 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.
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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 ($7,500.00 /acre) of active phase in favor of the
City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities and to
assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of
Minnesota with the right of the surety company to cancel 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 substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and _ 'r
requirements of the permit; all rules, regulations and requirements pursuant to the permit and as
required by the City and all reasonable requirements of the City Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims, or for which the City, the Council or any City officer may be made liable by reason of any
accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from January 1, 2012 to July 31, 2013.
Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is
adequately protected.
O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no /100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury
liability in an amount of at least One Million and no /100 ($1,000,000.00) Dollars and property damage
liability in an amount of at least Two Hundred Fifty Thousand and no /100 ($250,000.00) Dollars arising
out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall
remain in effect from January 1, 2011 to July 31, 2013.
P. The storage of equipment (unrelated to the s "and and gravel mining and processing), manure, construction
debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, asphalt in any form or hazardous materials within. the pit as fill shall be strictly prohibited.
Q. The Property Owner shall hold 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 re uirements of the City Council as it shall from time to
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time deem proper and necessary for the protection of the citizens and general welfare of the community.
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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.
V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding
and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials.
X. All recycling must be completed with the completion of the current phase and materials removed from the
site. No recycling processes shall be allowed to continue into subsequent phases.
Y. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction- related 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 this Permit.
Z. The Property Owner shall install and maintain a "stock" gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
AA.The fill area regrading and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit
Reclamation Protocol Rosemount, Minnesota including a bi- annual report submitted to the City describing
the quantities of material brought in, where the material came from, and the test result of the material. The
bi- annual reports submitted shall describe the quantities of material brought in, where the material came
from, and the test results, including supporting analytical results of the materials.
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.
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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:
STATE OF MINNESOTA)
) 5 _
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2012, by
, on behalf of Danner, Inc., Property Owner.
Notary Public
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EXHIBIT lA
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DANNER INC.
BORROW PIT RECLAMATION PROTOCOL
ROSEMOUNT, MINNESOTA
OVERVIEW
Danner Inc. is currently mining granular materials from the property at 4594 l45` 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 restncted to -soils taken
from projects from local Municipalities *Materials tak`en-from`these projects havean
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 protdcol 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.
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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 f 11, backfill, and compaction in accordance with�the g"
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:
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Item Description Method of Test Minimum % of Minimum 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
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.
e I
ZC
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. Zwebe "r: -
I have enclosed another check, could you please return the other unsigned check back tome 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 anymore information is needed.
Thanks for the help.
Sincerely;
Danner inc.
Kelly Riggins
Bookkeeper
MATERIAL HANDLING SPECIALIST
An Equal Opportunity Employer