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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. 2 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. i - 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: , 4 ' 1 rr 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. - V ',,,.. c. 55 I ti� 4 ■ 4". r --_, .i rH=s• -E --=- - _ I 4. .-11X.1„?;, <_ 1 8 .. r .. ` :r M1 Y e/01/W 1 NV \ g it U , _ _ I 4 I 1. Z 1 I I { I xf 11�_ n I 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. i I 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. 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 ($7,500.00 /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 P tY P Y q tY time deem proper and necessary for the protection of the citizens and general welfare of the community. 2 I ' 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. 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: 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 4 . , . -- ., ' . • ,,, 1 . ! 1 P I hz1 116 i Iviz i ' 1 i ri-1 ; CI i i 1 i 1 5 l 2 COUNTY TATE AID HIGHWAY NO 42 I 7 I g 1 .11. ,..„ 1 , - - ' •-•—■ .. i.1 ----, - - — - -- -- g I ( :, .--- --. "'''f I r ■ j ', I 1! el .i.... _... . , ---- ■ . , , 1-pi i I . all Efil i .. , . .... ; 1, . .. 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(' ,/ ,,,,,, / . „.. „. . s .-'.\ . - --• !--••• , .„_____,-,-- low i , ) : , , , .- • , ___ i , . , • ..... - -• , , .. -. -.E- v.:...;.: ' - ..-,,-- n \ , ,:.,' ', ,•..., .... - .:• ,...-..,y.,,..‘,,., ,.... .::.-,......,/ ,.!_ ____12_ -,-,-, ,,..... - -,'. -.... \ . i 1 ', \\ \'•-,‘ \ , \ . , , , .,• , , , go - - -, , , ‘,.‘ .. _ .; .-_..-- --- -, , ,. ' -,...........„2, , ..,._ • 12 • . .• ---. ; P x . • / , -,.., - - , _ "- ...- _. : _ ..„.' , - • ? _ .. __ , i ,. ... g 2 ' I —7 i q g '' i EXHIBIT lA . _ . I . I • 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. L 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: • 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