The URL can be used to link to this page

Home My WebLink About5.b. Dakota Aggregates Request for a Text Amendment to Allow Large Scale Mining 4 ROSEMOUNT EXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Dates: February 28 and March 27, 2012 Tentative City Council Meeting Date: April 17, 2012 AGENDA ITEM: Case 12 -02 -TA Request by Dakota AGENDA SECTION: Aggregates for a Text Amendment to Allow Public Hearing Large Scale Mineral Extraction PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 5.b. ATTACHMENTS: Proposed Large Scale Mineral Extraction Ordinance; Redlined Large Scale Mineral APPROVED BY: Extraction Ordinance; Large Scale Mineral Extraction Overlay District Map; Phasing l Plan 9/28/2011; City Attorney's E -mail Explaining Interim Uses; George and Alexandria Geogleris Comment Letter; John and Karen Woolery Comment Letter; V. Larry Smith Comment Letter; Notes for City Meeting Submitted by Kris Johnson; Jordan Millington Comment Letter; Dakota County Comment Letter dated March 19; Written Questions from Commissioner Demuth; Dakota Aggregates LLC Comment Memorandum dated March 23; Modifications requested by Dakota Aggregates dated March 13. RECOMMENDED ACTION: Motion to Recommend that the City Council Adopt an Ordinance Relating to Large Scale Mineral Extraction; Amending Rosemount City Code, Sections 11 -1-4, 11 -4 -1 and 11 -10 -4 and Adding New Section 11- 10 -4 -1. SUMMARY The University of Minnesota is proposing to develop the 5,000 acre UMore property (3,000 acres in Rosemount and 2,000 acres in Empire Township) into a mixed use community of up to 30,000 people. Before the development occurs, the University and their partner Dakota Aggregates are proposing to mine the western 1,600 acres of UMore over a 40 year period (25 years in Rosemount and the final 15 years in Empire). The Rosemount Zoning Ordinance does not permit mining in UMore. Dakota Aggregates has requested a Zoning Ordinance Text Amendment to allow mining in the western half of UMore. Staff has prepared a Large Scale Mineral Extraction Ordinance that would regulate the mining request. On February 28, the Planning Commission conducted a public hearing for the text amendment proposed to the Zoning Ordinance to allow Large Scale Mineral Extraction as an interim use within the AG: Agricultural zoning district. Three letters were submitted to the City before the meeting from residents, six residents spoke at the meeting including one that submitted his written notes, and Dakota Aggregates submitted a comment letter about their concerns with specific sections of the proposed Ordinance. On March 13, the Planning Commission reviewed these comments at the Work Session and provided comments on what sections of the Ordinance to amend. Since the Work Session, Dakota County has submitted a letter containing suggested topics to consider when creating the Ordinance. Staff has made revisions to Ordinance based on these comments and has attached to this Executive Summary the revised Ordinance and a redlined Ordinance that shows the changes that has been made since the February 28 Public Hearing. REVISIONS TO THE ORDINANCE SINCE FEBRUARY 28 As a result of the comments received regarding the Large Scale Mineral Extraction Ordinance, staff has made nineteen different types of revisions to the Ordinance. Attached to this Executive Summary is a redlined version of the Ordinance to call out the specific changes. In the following sections of the Executive Summary, staff explains the comments received and how the comments were addressed. The general topics of the nineteen types of changes are as follows: Consistent labeling of the "Annual Operating Permit" Adding "Haul Road" and "Haul Route" definitions to identify that haul roads are private streets and haul routes are public streets Labeling all setback and mining project boundaries as the "EIS boundary" Separating the hydrogeological study and groundwater monitoring plan from the reclamation plan Removing the timeline requirement for building removal from the application requirements Adding stockpiling and machinery used daily as accessory uses Added language that the ancillary uses can continue when the mining moves into Empire Township Clarifies that more than one concrete plant can be permitted and that the primary concrete plant can have some outdoor equipment Added the City Council the option to allow the outdoor casting of oversized concrete products Clarifies how the ratio of recycle aggregate products to native material is measured Added the City Council the option to allow stationary conveyors up to 65 feet in height Clarifies how the landscaping opacity is measured Added language that a high wind day is defined as a National Weather Service "wind advisory" which is 30 mph or higher for a sustained period of one hour or more Added the City Council the ability to stagger the timing of the instillation of landscaping Made the lighting level standard the same as other zoning districts Clarifies that the operator will need to meet requirements of all applicable federal, state, and county regulations Clarifies that the annual operating permit would allow for two 80 acre areas for total of no more than 160 acres of mining open at any one time Added the City Council the option to allow the operator a minimum amount of time before a trunk utility or collector or arterial road is constructed through the mining area Clarifies the types of financial surety 2 BACKGROUND Dakota Aggregates is proposing to mine approximately 1,250 acres 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 a concrete and asphalt plant. About 550 of the 1,250 acres being proposed for mining are located in Rosemount and 160 of 200 acres of the ancillary facilities are located within Rosemount. The ancillary facilities including aggregate processing, asphalt plant, concrete plant, and maintenance facility which are proposed to remain in Rosemount for the entirety of the mine. It is estimated they will be located in Rosemount for 40 years, several years after the 550 acres of mining within Rosemount has expired and mining activity moves south into Empire Township. The scale and scope of the mine proposed by the University is significantly more impactful than the current mining activity in the community. The intentions of the University are what prompted the City's assessment of the current mining ordinance and resulted in the ordinance currently before the Planning Commission. LARGE SCALE MINERAL EXTRACTION ORDINANCE Staff has prepared a Text Amendment to regulate mining on the UMore property. Staff has discussed particulars of the potential mining operation with the mining consortium, Dakota Aggregates and the University over the last several years. Much of what appears in the proposed ordinance relates to issues that were raised by the public, staff, the City Council and even the operators themselves. The intent of the ordinance is to permit a large scale mining operation but minimize and mitigate potential off -site impacts associated with the activity. Within the ordinance, staff is attempting to document operational procedures that have already been agreed to by Dakota Aggregates. In some cases the regulations are over and above what Dakota Aggregates is agreeing to and the Planning Commission and City Council will need to decide if the proposed regulation is reasonable or too onerous. While this ordinance is prompted by the University proposal, the Planning Commission should try to evaluate the ordinance on its own merits, not based upon what you know about the proposed mining operation. If the City Council approves this ordinance, the mining permit, specific to the UMore property will be reviewed and analyzed against the adopted ordinance. It is anticipated that permit review would begin in May or June of 2012. Attached to this Executive Summary is the proposed Text Amendment that would adopt the Large Scale Mineral Extraction Ordinance and modify the existing mineral extraction standards into a Small Scale Mineral Extraction Ordinance. The proposed Text Amendment is twenty one (21) pages. Below, staff will summarize the content and purpose of the various sections of the Text Amendment. Purpose Statement Section 1 of the Ordinance explains the purpose and intent of allowing large scale mining. This section will not be adopted into the ordinance text but would be used by future staff, City Council, or commissions to understand the background of why the text amendment was approved. Interim Use in the Agricultural Zoning District The text amendment must address what zoning district the mining can occur within and if a separate permit is need to conduct the mining. Section 4 of the Ordinance would add Large Scale Mineral Extraction as an interim use in the AG Agricultural zoning district. Section 3 removes mineral 3 extraction as a conditional use and Section 4 replaces it with Small Scale Mineral Extraction as an interim use. It is important that mineral extraction is an interim use instead of a conditional use. Mining is interim because the land will be used for another use following the mining completion. A conditional use could continue forever. Definitions and Changes to Existing Mineral Extraction Ordinance Section 2 of the Ordinance describes the difference between Large and Small Scale Mineral Extraction and Section 5 makes the revisions necessary to the existing Mineral Extraction Ordinance to make it the Small Scale Mineral Extraction Ordinance. The five existing mines in Rosemount will still follow the same regulations as they do today. Section 6 describes the area in which any new Small Scale Mineral Extraction operations could occur. Overlay District, Review Process and Application Requirements Section 7, A through E describes the area within Rosemount where it is allowed to submit for a Large Scale Mineral Extraction permit (south of County Road 42, west of Akron Avenue, north of County Road 46, and east of Biscayne Avenue), the specific definitions related to mining, the process for permit review and approval, and the material needed to be submitted to evaluate the permit conditions. Separate Interim Use for Ancillary Uses Section 7, G describes the ancillary uses that would be allowed (concrete and asphalt plants, equipment repair shop, concrete casting yard, and aggregate processing) adjacent to the mining and the specific standards that these uses must meet. The performance standards for these ancillary uses are different than the mining operation itself and separate permits are required for these ancillary uses. Performance Standards Section 7, H describes the performance standards the mining operation will need to follow. The issues described here include hours of operations, noise and dust standards, access routes, screening standards, topsoil handling, water protection, and lighting. This section of the ordinance addresses the majority of the issues raised at the neighborhood meeting conducted by the University of Minnesota and Dakota Aggregates. The standards are similar, but not identical, to the standards of the Small Scale Mineral Extraction Ordinance. It can be anticipated that a good portion of the public comments offered at the public hearing will be specific to this section of the ordinance. Reclamation, Restoration, and Rehabilitation Section 7, J describes the requirement that the mining operation must conduct to return the finished mine to a condition that would be suitable for urban development. Staff is particularly concerned with the detail of this section because this section needs to foresee issues that may not arise until 25 or more years from when a mining permit is issued. If these standards are not sufficient, then the urban development that follows may be of a lesser quality than if the UMore property were developed as it exists today. Annual Operating Permit Section 7, K describes how the annual operating permit would be reviewed and issued. The annual operating permit may be analogous to a liquor license for a bar. The overall Large Scale Mineral Extraction permit will describe the complete mining operation, while the annual permit deals specifically with the area being mined that year. Similar to how a bar could request a liquor license modification for adding an outdoor patio and the Council would determine conditions specific to the patio, the annual 4 permit would allow the Council to evaluate the specific mining areas mined that year. However, the Commission and Council should be aware that any anticipated concerns or regulations should be set out as conditions of the minin permit. By being more conservative during the initial review, the City can modify specific standards during the annual operational permit review. Written Comments from Residents Staff has received five written comments regarding the Ordinance proposal. One letter was in support of mining and one letter was opposition, questioning if there will be a decrease in their property value. The other three letters expressed concerns about the volume of traffic, noise and dust. The Ordinance does not address traffic volume directly but does limit the truck traffic to collector or arterial roads. Noise is addressed in draft Ordinance sections H.2. limitation on the location of accesses; H.6. addressing hours of operation; H.8. stating that noise must be below the PCA and EPA standards; and H.11. stating that the use of explosives are prohibited. Mitigative measures are proposed to address dust associated with the mining activity. These measures are found in draft Ordinance sections H.2. limitation on the location of accesses; H. 3. requiring setbacks to mining activities; H.5. addressing screening and berming; H.9. requiring the first 150 feet of the access road to be paved; H.10. allowing the City to require a dust control plan; H.16. requiring land to be vegetated when the mining is complete; and I.3. limiting the amount of land open to mining to a total of 160 acres. Oral Comments from the Public Hearing Six residents spoke during the public hearing. A draft excerpt of the Planning Commission minutes is attached to this summary for reference. Beyond similar general comments as those received in the written comments, there were several very specific comments. The residents requested that screening should be measured for opacity in the winter; berms should 20 feet in height instead of 10 feet; landscaping be installed on the north side of County Road 42; and that the mining setback from Bloomfield should be 1,300 feet, and also asked about the current noise ordinance. Another resident commented that the current 42/52 interchange could not support the anticipated truck traffic. The following is staff responses to the specific comments: Staff does not support measuring the opacity in the winter because there will not be mining in the winter. Measuring the opacity in the summer would be more appropriate since that is when the mining activity will occur. Staff believes a berm 10 feet in height measured from the shoulder of the road is sufficient because this will shield all vehicles from view during the mining operation. Additionally, as mining occurs equipment and activity will move lower, as more gravel is removed from the site, further reducing visual impacts. The City does not have a stand -alone noise ordinance but either uses PCA or EPA standards or limits the noise through hours of operation. To address potential noise impacts during the evening, the ordinance recommends mining must end by 7 pm. Because the current process is development of an ordinance, it would not be appropriate through the ordinance to require landscaping on property outside of the mining site. This is something that will be discussed further through the permit process, should the ordinance be adopted. 5 The City and the County have the reconstruction of the County Road 42 and US Highway 52 interchange in our capital improvement plan (CIP) and have supported requests for State and Federal funding. Per the draft ordinance, a 350 foot residential setback will apply to all residential buildings from the mining activity, including any future residential built in UMore. The City may require a greater setback from the Bloomfield neighborhood as part of the mining permit review process. Dakota County Comment Letter The Dakota County Physical Development Director provided the City a letter with a number of suggested additions to the ordinance. The letter primarily deals with requirements that are in the County's existing Solid Waste or Hazardous Waste Ordinances or language from a proposed revision to the Solid Waste Ordinance. Staff discussed the letter with David Swenson, Dakota County Water Resources Director. Staff discussed that it may be better that the city reference compliance with the County Ordinance requirements rather than cite specific, individual standards. This will capture any changes to the County ordinance amendments without requiring the City to modify our ordinance. Mr. Swenson agreed with that strategy and emphasized that the County letter was suggestions. In response, staff added Section H. 19. that states the operator must comply with applicable federal, state, and county regulations. Staff will review the suggestions in the County letter during permit review to see if any of the specific language should be used within the annual operating permit. Written Questions from Commissioner Demuth Commissioner Demuth provided a letter to staff with some questions about the Ordinance. Many of the questions are similar to those submitted by Dakota County and staff's response is similar. Staff added language that the operator must follow all applicable federal, state and county rules. The result is that if the federal, state or county government adopts new regulations, the City does not need to revise its Ordinance. The regulation specific suggestions will be reviewed during the permit review to determine if specific comments should be incorporated as a condition in the annual operating permit. Commissioner Demuth raised a few additional issues which are included as modifications to the Ordinance. It was pointed out that the hydrogeological study and groundwater monitoring plan were included under the reclamation plan and that those plans would be used during the operation of the mine and should be separately listed as an application requirement. Staff agrees and made a format change to move the hydrogeological study and groundwater monitoring plan to Section E. 9. of the Ordinance. The only language changes were a refined purpose statement for the hydrogeological study and requiring that all wells within 300 feet of the EIS boundary be included in the study. Dakota Aggregates Comment Letter Dakota Aggregates submitted a letter on March 13 that requested a number of changes that were discussed during the Planning Commission Work Session and resulted in seventeen of the nineteen revisions to the Ordinance. As a result of these revisions, Dakota Aggregates provided a memorandum dated March 23 that describes their two remaining requests. This memorandum is attached to the Executive Summary. The two remaining issues are the size of landscaping that is to be installed and a requirement that the City Council must identify all trunk utility corridors and collector or arterial roadways within the first (initial) permit review and provide a minimum time that mining can occur before the utility or road is constructed. 6 Staff disagrees with these two requests although the draft ordinance does provide some flexibility in the timing of landscape installation and also reduces standards in areas where the landscaping is not anticipated as a permanent feature. Staff does not support a reduction in the size of any landscaping that would be installed on berms that are planned to remain for longer than fifteen years. The size of landscaping is described in the Zoning Ordinance as a 2 to 2.5 caliper inch deciduous tree or a six (6) foot tall conifer tree and all developers, homeowners, and business owners need to meet this same standard. Staff does not support holding the mining operator to a lower standard. Further, staff is uncomfortable legislating a reduction of landscape standards by having the applicant install landscaping off site, which may be beneficial to individual property owner but not the public as a whole. The language recommended by Dakota Aggregates envisions the mining operator installing landscaping on property they don't own or control (non- mined) to mitigate mining impacts to individual property owners and benefiting by landscape reductions on the mining site. To provide some flexibility for landscaping, staff will point out two provisions within the Ordinance. First, Section H. 16. b. allows lesser landscaping on berms that would remain for less than fifteen (15) years. Second, Section H. 16. c. was added since February 28 to allow the City Council the ability stagger the timing for landscaping installation even if the berms are installed. In other words, Dakota Aggregates has indicated that they may install a significant length of berm early in the mining process because they will have ample black dirt. As initially written, the ordinance would have required installation of permanent landscaping on the berms, when installed. Under the new language, the berms can be installed and landscaping installation can be phased over time based upon a plan submitted and approved at the time of the mining permit issuance. Staff is not supportive of any further reduction in the landscaping standard for the mining operation. Dakota Aggregates has a concern that a future City Council has the ability to limit their mining operation if that City Council identifies the need for a truck utility corridor or a collector or arterial road and issues Dakota Aggregates a notice that the mining must be completed in those corridors within twenty four (24) months. Dakota Aggregates requests language that the current City Council must identify all the trunk utilities and collector or arterial roads and provided a minimum amount of time before a future City Council could issue the twenty four (24) month notice at the time of the initial permit approval. The result is that the City must identify any and all transportation and utility corridors they might need for development in the next 40 years at the first mining operation permit. Even if future Comprehensive Plans designate additional corridors they would not be subject to the notice to vacate the corridor anticipated in the ordinance because they were not noted during the first mining permit issues. To try and find a middle ground, staff has added language in Sections J. 2. and J. 3. that allows the City Council the option to add a minimum amount of time to mine before a 24 month notice is issued, but staff does not support the language that Dakota Aggregates proposed. Staff does not support any requirement that binds the current City Council to identify all development infrastructure needs and therefore takes away authority from a future City Council to plan for the orderly development of Rosemount. Additionally, the proposed language may actually result in a less desirable outcome for Dakota Aggregates. The staff proposed language allows a future City Council to work with the mining operator to provide for the utility and roadway corridors while maintaining mining around 7 those corridors. If the Dakota Aggregates proposed language was adopted, then a future City Council would need to consider rezoning the property or revoking the entire mining Interim Use Permit to provide for orderly development. That would shut down the entire mining operation and therefore be counter to the current desire of Dakota Aggregates. Industrial Zoning versus Interim Use At the February 28 and March 13 Planning Commissioning meetings, Commissioner Miller asked if it would be better to zoning the ancillary facilities Industrial since the concrete plant, asphalt plant, and casting yards are industrial uses. Staff responded that while the uses may be industrial, those ancillary uses are associated with the mining activity and if the City wishes the ancillary uses to be tied to the mining activity an Interim Use Permit is the zoning mechanism to use. If the property was rezoned to Industrial, then the ancillary facilities could continue forever, even after the mining had expired. Attached is an e- mail from the City Attorney confirming this analysis. Staff continues to recommend that the ancillary uses be defined as interim uses in the Large Scale Mineral Extraction Ordinance and does not recommend rezoning any land used for the mining operation as Industrial. NEXT STEP: ORDINANCE ADOPTION IS NOT A MINING PERMIT If the City Council adopts the proposed Text Amendment, that does not give Dakota Aggregates a permit to begin mining. Following the adoption of the ordinance, Dakota Aggregates will need to submit for the Large Scale Mineral Extraction permit. That review will require a public hearing in front of the Planning Commission in which the public can provide comment specific to the mining operation proposed and the Planning Commission can recommend conditions dealing specifically with the concerns raised. Following the initial permit being issued, annually Dakota Aggregates will need to request renewal of the Annual Operating Permit. The Annual Operating Permit will require its own public hearing in front of the Planning Commission and the Planning Commission can recommend specific conditions at that time that would address the concerns raised at that time. The tentative schedule for mining review is: Large Scale Mineral Extraction (LSME) Text Amendment Public Hearing: February 28 LSME Text Amendment Planning Commission Work Session: March 13 LSME TextAmendment Public Hearing: March 27 LSME Text Amendment City Council Work Session: April 11 LSME Text Amendment Approval.• April 17 LSME Permit Public Hearing: May 22 LSME Permit Planning Commission Work Session: June 12 LSME Permit Public Hearing: June 26 LSME Permit City Council Work Session: July 11 LSME Permit Issuance: July 17 CONCLUSION RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council adopt the Large Scale Mineral Extraction Ordinance. 8 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION; AMENDING ROSEMOUNT CITY CODE, SECTIONS 11 -1-4, 11-4 -1 AND 11 -10-4 AND ADDING NEW SECTION 11- 10-4 -1 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows: Section 1. Purpose. The purpose of this ordinance is 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 that 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 in the city; and to establish conditions that insure the restoration of mined areas consistent with existing and planned land use patterns; 5. To regulate and ensure that mitigation measures are implemented 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 only location 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 operating permits. Section 2. The Rosemount City Zoning Code, Section 11 -1 -4 is amended by adding the following definitions: LARGE SCALE MINT RAL EXTRACTION• Mineral extraction at a scale that would requir a man•a -n iron ental impact statement as described in Minnesota Rules Part 4410 4400 Subp 9 N -.11i Mine al Minn!. SMALL SCALE MINERAL EXTRACTION: Mineral extraction at a scale less than would require a mandatoAT environmental impact statement as described in Minnesota Rules Part 4410 4400 Sub 9 N n tallic Mine :1 Minn Section 3. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph D is amended by deleting mineral extraction as a conditional use as follows: 1 D. Conditional Uses: Section 4. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph E is amended as follows: E. Uses Permitted By PUDlnterim Uses: Nonc. Large Scale M ineral Ex traction and related Accessor Uses within the Large Scale'Mineral Extraction Overly District described in Section 11- 10 -4 -1. r• Seal- in -r.1 Ex _ac 'on A ill. s- d- fin- in on 1-10-4-1. m,11 le ineral x tion an. r -1. ted c o h- ll ale erl. District described in Section 11 -10 -4. Section 5. The Rosemount City Zoning Code, Section 11 -10 -4, paragraph A is amended as follows: 11 -10 -4: SMALL SCALE MINERAL EXTRACTION: A. 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 material in the city, or to fill or raise the existing surface grades, without receiving a permit for mineral extraction. Such permitsPermits for small scale mineral extraction under this Section may only be issued in then zoning district whcnwhere mineral extraction is listed as an interim use. Furthermore, Small scale mineral extraction :,hall fietmay be allowed DALly within the Small Scale Mineral Extraction Overlay Dis_trict3o as not to Permits fo r mineral extraction within th Large Scale Mineral Overlay District may be issued only under Section 11 10- 4 -1. Exceptions: An extraction permit shall not be required for any of the following: 1. Excavation for a foundation cellar or basement of a buildin if a buildin ermit has been issued. 2. Ex avation b sta c. n a or ci a auth e ri es in nec 'in wi con c n or m. -nan of roa.. hi•hwa s •r 'es. 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 are or one foot (1') in depth. 5. Exc, i.n .r adin• for a•ricultural •os-s. Or.. B 9 -19 -1989) 2 Section 6. The Rosemount City Zoning Code Section 11 -10 -4, paragraph B is amended as follows: 1. Excavation for a foundation cellar or basement of a building if a building permit has bccn i33ucd. 2. Excavation by state, county or city authorities in -connection with construction or maintenance of roads, highways or utilities. issued by the city. 1. Excavation less than one hundred (100) square feet in arc or one foot (1') in depth. 5. Excavation or grading for ag B. Small Scale Mineral Extraction Overlay District: The small scale mineral extraction overlay G i i ..li h-d. T bounda if trictis line on- h '1 2 e n•r h if tit i• Hi•h '2 municipal bo n.. to the e. •n- half 1 2 mil •u if County State Aid Highway 42, and US Highway 52 to the west. Section 7. The Rosemount City Zoning Code is amended by adding new Section 11- 10 -4 -1 as follows: 11- 10 -4 -1: LARGE SCALE MINERAL EXTRACTION: A. P-rmi R- .uire.: It shall be unl. f 1 fir an -r in firm •r co .or.tion t• remov• •r- or excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing surface grades, in the Large Scale Mineral Extraction Overlay District established in this Section without receiving a permit for large scale mineral extraction. Such perm may only be issued in a Toning district where large scale mineral extraction is listed as an interim use and in the large scale mineral extraction overlay district. Permits for mineral extraction within the Small Scale Mineral Extraction Overlay District may be issued only under Section 11 -10 -4. I :.1 r. e scale mineral extraction ermit a.. h ons fir a ermit un. r thi c o sh a ll b e' submitted with and considered simultaneousle with an application for an inter use mi under Section 11 -11 ermit will se re uir d for .n o foil. in.: 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, hi hways or utilities. 3. Curb cuts utili hooku. r treet o nin for which n. her rmit h. be issued by the city. 4. Excavation less than one hundred (100) square feet in area or one foot (1') in depth. 5. Excava ion or radin for a ricultural au Doses. 3 B. Lar• .1- M eral Ex .cti•n -rl. Di ict. The 1.r• cal- min-r_1 ex ti. ove 1„ di i i -sta.li Th- bo of th- distri is A 2 to or kro A -nue to st CS' H A _e =nd Bi ne v-nu- o h- we t. C. Definitions: For mu f this S ction e followin defini *on hall ..1 Asphalt Plant is a facility used to manufacture asphalt or other forms of coated road stone, es kno\ bl.ck o.. Thi f.cihm allo the .mbin. 'on •f a mb -r .••r -s an• _n. fille h- r- ors .o :on heat- .nd ma .-r. Incre: in•1 IMP r- le. a •h.ltor.••r •.uc .r- •f h- mix. Be m is I-v-1 s• ace s if orrai es b.rr -r -•.r.tin. o :r-• B, h metric sr H dro ra hic Charts are charts that show lake bottom relief or terrain as co tour lin- called d-. con ours or is•bsh an. s-le -d s sun.*n•s .nr-t-- is,mixtreof•: .nd.••r-•aes an. ,ndr. Th-•, t- •m.. -d of ce en an. -r coat urfac- of the fin s.n. an.'" sat •r r• k .ne binds them together into a rock -like mass known as concrete. on tru '•n •'re'. sr "A••r-•, e i br.,. ca e sfcoar .r *cue. m. -rial used in construction, including sand, gravel, crushed stone, slag, and recycled concrete. Conve in• snv- or i ommon .iec- echanical handlin• e.ui.m-nt th, mov- materials from one location to another. ru hin• C shin. Pl.nt is a •ne''•_ '.Ian -si• to r-•uce 1, •e r. ks into m.11-r rocks or gravel. Dry Minin i minin a d v. ti n hat tak .lace above the ground water table. Fl.,' Dred•e Dr-•• n, tivi of 'nin• th. i c_rriedput nde ..ter ,iha mac e ed to e va e materi.1 from nde ater d brin i sh r wh re can be processed int. l truction 'rade a• •resat- Haul Road i an internal private road used to transport material. Ha 1R. to is n_ ex -r al public road u o trans or mat-rial. Miner.1 Ex action is -x action of inor•ani a -rials s h ore .vel •r s. n.. Minns C ffe etb. ck is the dist,nce a s ctur- or ac vi must from th- of a 4. EIS boundary line. Portable Processin• E. '.ment is -•ui.m nt d- i• ed a kid or axel .ss-mb th.t can move from point to point allowing for shorter travel times and reduced emissions. Precast /Cast Concrete Products are products such as bridge beams or panr, concrete pipe or culverts that are cast at a facility and later transported to a specific construction site after a proper curing time has been achieved. R-ad Mixed •ncrete Plan i a facili that anuf.ctur- s.ecificall desi• ed •ncr- f.r -live t. a cu omer's con tion ite in freshl mixed or plastic unh,rden -d stat-. 4 Reclamation/En. i the .r• -ss of r-. tin: eful1.nd a•es mee v. 'es •f foals. It includes all aspects of this work, including material placement, stabilizing, capper regrading, and placing cover soils, re- vegetation, and maintenance. Recycled Asphalt and or A. re.at- Prod c P ar- 1- t o -r or -moli he •ncr- or asphalt products. These products are recycled (reproduced) and reused in production of new or road base products used on construction sites. Scr--nin• Screenin• Pla -i m.c in- hat t. •r,nula m. -rial,n• -.ara i in multiple grades by particle size. Staging is setting up of equipment or a truck fleet in preparation for a day's activity_ Stockpile is a pile or storage location for bulk materials, forming part of the bulk material hang process. Stockpiles are normally created by a stacking conveyor. tr'. sin. i r-movin• ..soil •lack t 1.. timer h an. wa _!_r .ro. from the to. of the minin• de.osit to ex ose the •uali sand and 'ravel needed in the production of high quality construction aggregates Ton of Material is a U.S. short ton (2,000 pounds) of material. To. •il is the us. -r ermos 1: er of •il usu, ll in he 41. 2 to 'riches. I has h est concentration of org nic matter and is where most of the earth's. biolo ical soil activity occurs. Tru Scal is a platform device that a truck will drive onto for weighing t insure that the truck is of legal weight and or dimension. Minin_ i moon: an. -x ..vati•n ea th.` will _ke .la e bel.w th- •ro nd w. er table. Washin g/W n ash Pla is a machine into which sand and gray 1 is conveyed- sep arates size, washed, dewatered, and then sent to stockpiles for load out D. Review Process: 1. P .lic ■ea in.: A .ublic h-arin• will be c•nduct- for onsid-ra on of -rmi applications. The public hearing, public notice and procedure requirements for the permits shall be the same as those for amendments as .rovi. in ection 11 -11 -11 of this chapter. 2. Criteria for Permit Approval: The following factors will be evaluated when determining whether to approve a large scale mineral extraction operation. The approval or denial of a permit shall include, but not limited to findings on the following factors. a. Consistency with City Plans and Policies: The proposed larg scale mineral extr. .ermi i consist-n with the •r-hensiv- •ui.e sin .n. the 1. •on i sui ..le in th:t he ex avati•n minin..roc-s in. .c .ilin• o h.ulin• o sand .nd •rav-1 de.o i s will not tend to re.te nui ce or unreasonably adverse land use impacts or exceed local, state or federal safety and environmental standards on the d .ro. -rties. The nt for permit, at the applicant's sole cost, shall provide information to help 5 determine the suitability, including, but not limited to a completed zoning me dm-n a..li ...n• exhi.i tra_ a.'ac-n .nd -si buil.' •s .n. and u -xistin• -1-va '.n .n.. -rc-nt of lo. wit .n. 01 f-e b- and h- -rim- -r •f th- EI b. nda .n. envir•nmen im. statement. b. En onm-n .l Im.a An -n ironme aim. ,ct st, em-n a in- b Min a En ir•nme .1 •ua Bo.r• Rul- h.11 be .1- -d •r e.ch large scale gravel .r. Doses. The .ro. es o' h.11 so designed and operated as to minimize adverse impacts identified in the environmental impact statement. 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 x tion mi 11.11 no be con i. -r-d •m.1- _n. th- tim- a c. ment ha -n receiv-d on h- ad- ac th-` °en onm-nt.l statement. c. L.r•eSc.le in -ralEx .ction •verl, II ict: he ••un..ries of h proposed large scale mineral extraction operation shall be completely within the large scale mineral extraction overlay district. E. Application Requirement he a..li .tion or a`la •e s .1- min- al -xtr, o -r hall include the following: 1. The correct legal description of the land upon which excavation is proposed 2. The name and address of the applicant, the owner of the land and the person or corporation conducting the actual removal operation. 3. The names and addresses of all adjacent landown wit hin one fourth m 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 w ch the mat- ri. is all s.or 7. A n of the proposed pit or excavation area to a scale of one inch equals 200 feet showing the presently excavated area, the a rea proposed to be excavated during the p� rmitT d and t minimum and maximum elevations of the area nd showin a minimum of 300 feet of the adjacent land on all sides of the proposed excavation area. 6 8. A rehabilitation, reclamation, and restoration plan providing for the orderly and ontin reha ili ati f .11 -x vate. 1. nd. u h lan shall illu a *1: ,.•ro.ri, .hot••r.. s m,.s .n. surv- ,wn a .le of on- i c -.u.1 200 feet and w ith a five foot contour interval satisfactory to the engineer, the following a. The r- oval •r .1.nne• contours of e 1.nd when th- min -r,1 r .1 operations are completed. b. The estimated se i•d e th he pit will be operated and a schedule s- 'n• for h h• .ble f•r exc.v.ti•n ,nd r- a.` 't. ''n •f l.n. 1 1 within the active, inactive and restoration areas: c. Those areas of the site used for storage f o soil and overburden. d. The d-. of all ..ter •o..es h- 1.. -s of ,ll sieves ,fter r- a•ili a: •n and 1 se cri.ti•n of the i .e of elan •s whey- re -ve• 'on i to be established. e. The fiv- f•ot c.n s s 11 exten• at lest 211 fe- be •nd e b• n.a •f the operation or beyond the adjoining right of way, whichever is more inclusive. f. Ancillary and accessory use rehabilitation, reclamation, and restoration plan. g. The maximum sloe of he re 1. mation are, t at i d v to le hall b- .t no steeper than five (5) feet horizontal to one (1) foot vertical. The maximum slope of the reclamation area that is undevelopable, such as the are, b-tween wa er bed and a ri•ht-o e h, be no ee. -r than two (2) feet horizontal to one (1) foot vertical. An slope gmger than three 3 feet horizo tal o one 1 fo. ver al shall be desi_• e. li en -d en inee and a e roved the i n 'ne -r. h. Adjacent to Water Bodies: For manmade round ter lake he ottom ontour shall b- •r. du. ll sl• .'n• from he shoreline to he -ee 'or '•n of the N -r bod a maximu l o s e f ten eet horiz ntal to one f vertical 10:1 f om at lea ten 10 f-et u.l.nd fr•m the •r•.os-• shoreline to at least fifty (50) feet from the proposed shoreline toward the center of the water body. Beyond fifty (50) feet in horizontal distance, the slope of the bottom contours may be no steeper than 2:1. 7 9. hen minin is r. -d within the !round er r wi hin ens 20 rtica f- of a historic groundwater measurement elevation, then a hydrogeological study shall be submitted. The hydrog study shall include the following; a. D- r'•tion of -:ch •r. ndw. -r ex :vati•n siz- sh..e an. 1.c: on b. D- '.tion h- location :nd con '•n lo. in •rma 'on of :1 -11 -i hr- and 00 fe- of EIS nd: c. D- '•nof .r... f 'vi :rain i e •n •u.ntis .nd pl. -n •roc-• r-s d. D scr'. '•n of h- *ter h.rac -ristic in e: e. h •undw: -r excavation to be affected by proposed fill activity (aquifer thickness and general geolog cal setting). e. Description of the impacts of the proposed fill activity on groundwater flow regimes f. Groundwater monitoring plan. g. Such other information as the city may from time to time require. 10. Location of any and all existing wells and the size and depth thereof 11. Such other informatio as the city may from time to time require, 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. F. Access. it in a 1. r e scale mineral ex acti. o eration the f llowin u are custo cidental t• i s operation .nd d. of r -•u' e se. ..rate •rmi •r a_..rov1 These accessory uses must meet the same performance standards as the large scale mineral extraction operation. 1. Gravel Crushing. 2. Gravel Washing. 3. offices associ. -d wit the mi 'n• operation and .ncill. us-s. 4. Truck Washing. 5. Minor Vehicle and Mining Equipment Maintenance. 6. oc i1in 7. Storage of Machi used dai in the extraction area. 8 G. Ancillary Uses: There are a number of uses and production facilities that either use i• Tcant •u,ntities of a• •r- ere o rces or ben-fit from chi e •r.ximi to 1.r• e .le mineral extraction operation but also generate issues, nuisances and adverse land use impacts be o h- sco'e of o'er. 'on i se f. The f.11owin• re. lati•ns ...1 t• e .nc'_ uses to a large scale mineral extraction operation. 1. -..r.te Inter' se Pe mi Re. ed: T. a. ors he 's es n 'sap e :n. adv-r 1,ndu eim.. s .en-r. -d b .n ilia e e' .rate' erim use bermi provided in section 11 -10 -8 of this ch eter ha as e 'e. for a a. .r. e._ f• each ill. s-. Th- listin• of a n he follow' u. ecti.n do -s to e• t that the use will be approved within the large scale mineral extraction operation or h. t u be allow-. du in: he -n e d r.tion of h- o. -r. in. h- se i ion whether to grant grant with conditions, or deny an application for such 'an ancillary use is within the discretion of the City Council. 2. A oc•ation i Minin A 'via An an ill. se u e a o ed rovi._ -d th. any of the following conditions are meet: a. On a site that has an approved large scale mineral extraction permit in compliance with this section. b. I c.n nction wi h lat. ca e mine A -xtra on .ccur in. i the approved EIS boundary, provided the adjoining municipality has approved the 1. r e scale min ral ex ction nd e ovid d an a cili s originally an interim use permit in conjunction with large scale mineral ex action in t e Ci a of os- oun 3. Ancill. s- onsid The followin i 'st of a cill. u es h. t be considered in association with a large scale mineral extraction operation and the i ues an. -r r an tandar. s that hall e addressee withi th interim us permit. a. Concrete Production: A plant for the production of concrete may be allowed on s'te that as an e ero ed ar•e sc. e mineral -xtr.c on -r t in o .lian with this ection. In ddition th follo 'n erforman standards shall apply: 1) Location: Th- elan shall b- loc, -d in uch wa to 'ze i visibility from an adjacent residential use or a public right of way This may be accomplished throu topog raphy, landscaping, existing v- -tatio bermi or etback. Th- um set.. ck fro an EIS bounda line h,ll b- twic- the ei.ht of the plan or applicable setback under this code, whichever is rg eater. 2) Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete plants, each co ncrete plant shall have its own separate interim e ermit. The e rima re. d mix concrete elan hall have he equipment, except for silos and the conveyors that transport materials 9 into th- din: •nclos• ithin a din.. One or or- secon.a con r-te elan m. be -r ed if .n a *ye in -rim u e -rmi f.r th- primary concrete has been approved that includes a requirement that the prima o r- e .n buil.*n• b- om.leted .i -i•h --n 1: months of approval. 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 six ee 60' 5) .or S •e: Th-re all .e n. •ut•oor •r. of ini mat -ri.1 or products. All equipment and raw 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. 6) H. rs o -ration: The h. .f r tion hall se -d 7 a.m. to 7 p.m. Monday through Saturday unless special permission is granted b the it oun it wi hin h- in erim see mit. Th -x hour f operation may be conditioned on more restrictive performance standards to address the additional adverse impacts resulting from the extra hours. 7) Ha 1 Routes: ffi ene a -d b is u shell utilize h. 1 ro approved by the city and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for in• es and e'ress sus ect to .rov.l b the cii The h. 1 ro -s m. require Dakota County Highway Department or the Minnesota a then of Trans.ortati•n a..roval as w-ll. b. Asphalt Production: A plant for the production of asphalt may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply: 1) Location: The asphalt plant and all equipment associated with it shall be located a minimu of six h ndr- six feet 60' fro an n. 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 proper-e EIS boundary line and screened by natural features inclu berming or vegetation. Year round one hundred percent 1 0° o o aque screening with earthen berms and landscaping shall be required from ground level to the first thirty percent (30 of the •verall hei•ht and fif .erc-nt 50° o .a.ue o fif -rcen 50° o of 10 the overall height of the plant as viewed from eye level from surrounding right of way or roadways. 3) Haul Routes: Traffic generated by this use shall utilize haul routes as .r. -d the cis .n• o h-r •enci- .s re. ed. Th- .l_n •wn-r shall be responsible for road improvements and easements needed for in•r- .ns e•re s su.• to as srov.1 he it T haul r• tes m. r- .uire D.k• oun Hi•hwa D- sar ent or he inneso 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 im.ro -men r serve the use 5) Material Stockpiles Stockpiles associated with these use shall be limited to a height of sixty feet (60'). 6) Outdoor Storage There shall be no outdoor storage of finished material r uct All e. i ment .n. r, teri.l soci, ted i the •halt plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11 2 9, "Outdoo Storage of this title. 7) Air mi sions: shalt ()se a *ens sh.11 com.1 wi Minn- a R 1- Part 7011 for testing, monitoring and operational requirements. 8) Waste Byproducts: This use shall operate so as not to discharge onto oils wi hin EIS boun. acr. s the oun rie f he EI bourida r 'lin o thr h se col. ti n int. the s .soil ithinth IS sou da or be one the EI .oun.. lin where ch u is lo -d toxic or noxious matter in such concentrations as to be detrimental to o end.n•e the •lic health .fe 'infer •r welf.re• or ause in or a•e to •ro.er or busin- s. 9) Odors: This use shall operate so as to prevent the emission of odorous m. -r •f uch •uali as to be •etecta.l- be end EI boun.a lin-. 10) Sur- Bens: T is use h.11 com.l with e a •licable .era special requirements and bonding for restoration standards for mineral extraction specified in subsection K4 of this Section. 11) Hours of Operation: The hours of operation shall be limited to 7 a.m. to 7 ..m. Mond. throu h S. rda nl-ss s ecial rmi ion is ranted by the City Council within the interim use permit. The extra hours of o n ma be conditioned en more estrictive -rfor anc standards to address the adverse impacts caused by the extra hours. 11 c. Maintenance Facility: A facility for the repair of trucks, other vehicles and e•ui.m-n s-d in a min-r.l extr. c on o. ration ma a o an a i that has .n :..roved lar ale min ral ex ac an ermi c m.lian i this section. Th- s cti.n .n. it of e m.inten. ce fa ilia shall comply with site, lot, and building standards within Section 11 -4 -16 Paragraphs F and G. d. Casting Yard: A fa far he man facturin. of .recas oncr- M. .11owed an si at has .n a..r.v-d l.r•e scal- -r.1 -x '•n -rmit com. an with this on The stint of the •ncr- .r.. h.11 .c ur within din whil th rip of th .rod is outdoors. The Ci Council may approve the outdoor casting of oversized con r- e .roduc s •vi.ed th. e o -rsiz-. •rod s b- -d in construction project that the operator has been awarded and the outdoor ov-rsized.r.• astin• c-. h-n the s *on ''.r.' -c i finis The construction and design of a castingyard that will exist longer than ten 10 ea ha .m.1 wi h i lot and building standards within Section 11 -4 -16 Paragraphs F and G. e. Aggregate Processing and Recycled Aggregate Products Production: The conve in• c shin. mix' re- .nd ..shin. •fa•.re•at- .nd r- lin. concrete a •halt b- ,ll.we• on a si th. has an oved lie scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply: 1) Location: The plant shall be located in such a way as to minimize its visibility from an adjacent residential use or a public right of way. This ma be ac •mash-. through to... r. .h landsc. sin' -xistin. v berming or setback. 2) Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty feet c6 ,G14, 3) Hours of Operation: The hours of operation shall be limited to 7 a.m. to In Monday th rough Saturday unless spe permission is grant bT he Ci Council within the terim se -rmit. The ex a hour of operati may be conditioned on more restrictive performance stan dards to address the adverse impacts caused by the extra hours. 4) Ratio of Aggregate Processing_to Recycled Aggregate Products Production: To maximize the use of mined aggregate material and minimize im..r 'n• of rec led m. -rial transDor -d fr•m ou ise the associated gravel mine, a ratio of aggregate processing to recycled aggregate product processing shall be established within the interim use -r 't. The ratio shall have minimum of even .e cent 70°0 aggregate processing and a maximum of thirty percent (30 recycled a• e•ate .ro•u •rocessin•. Th- ratio hall be oases on tonn. •e .le and the actual tonnage sales shall be reported to the City on an annual 12 basis The City Co uncil may limit the area in the aggregate process facility in with the recycled aggregate products may be stored. H. Performance Standards: 1. B. ndat Extr: '.n o. era on h.11 be ondu ed i hin confm- •f e excavation site described in the permit. 2. Access: Extraction operations shall only be allowed on sites that have direct access .rinci.al art-ri,1 minor ar -rial or collector street as designated in the city of Ros- n .m.rehen i •uide .1,n. A local str-e m: use. i ...r. -d e i tT Council. 3. Setbacks: Setback boundaries shall be as follows. Where setbacks are measured from zoning district boundaries that occur along a public street right-of-way, the zoning district boundary is assumed to be the centerline of that nu blic right -oof -way a. Residentl Zoning District: 350 feet b. Industrial •mmerc•al .r Insti al Distri 150 feet c. A ri ltural onin t istrict: 1 f- d. Inhabited Residence not in a Residential Zoning District: 200 feet e. Right -of -ways or Streets: 75 feet f. Pre- existing Water Bodies: 150 feet 4. Heingt: a. The hei•ht of ,ll e. -n sto k.iles ,nd .11 other •.er, '•ns -x es those described in subsection b and c below, within the e ed minera extraction o. -r, shall not exce six 61 f-e This st,ndard •es no as .l to t ",n''illa facili'es co -red b e.ar.tein -r' e .er 't. b. The Ci Co .n it ma a..r•ve a limited n mber if sta. •na •nve •r to height no taller than sixty five (65) feet provided that all practical means of screening and setbacks are employed into the conveyors construction and installation. c. 'The floating dredge shall not exceed seventy five (75) feet in height. 5. Appearance, Screening .n. i ermin Th minin shall e screened from any public fight-of-way or urban develo.m-nt thro ■h a combination of exi 'n• stands of trees, berming and installed landscaping. a. Existing Tree Stands: The preferred method of screening the mining operation is the maintaining existing stands of trees that would provide a level of at least ninety percent (90 opacity. If the stand of trees does not provide ninety percent (90 opacity, then additional landscaping or berming shall be installed to provide ninety percent (90 opacity. An annual opacity audit of the tree stands shall be conducted and dead vegetation shall be removed and additional landscaping or berming shall be installed maintain nine 90° o i Th- metho. .lo. for th- o i measur- hall e taken durin• full lea •r•wth from the should -r of ,n .lic read or 13 ei:hborin• pro per a to d-termine saci in a bans f ve f- -t t• -n 7 feet off the ground. b. Berms shall be constructed in areas where the existing tree stands do not exist. The berms shall be at least ten feet in height measured from the toe of e berm or from h- fo: line of h- existin: public road hichev- r- 1 in t •reatest hei:ht .f th- -rm. 6. Hours of Operations: a. Mining: The hours of operation shall be limited to 7 a.m. to 7 p.m. Monday thr. rd. The Comm ni D-v-lopm-n D •r m, ori Sunday operation from 8 a.m. to 5 p.m. on no more than five (5) Sundays nn ll provided the -r.. or notifi-s h- •mm a Deve ',men Dire or no 1- h.n 72 hour -fo e a nda •9- a on The City Council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the additional adverse impacts caused by the extra hours of operation. 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 may grant special Permission for extra h. rs of op er. t on wi hin the an ual -x action -rmit. The extra hours of operation may be conditioned on more restrictive erf rm n n arcoacest 1 to address axtra hours of operation. 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. h i a •uncil a ran •ecial e -rmission for ex hour .f o'er. n within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards including but not limited to the truck haul routes, to address the adverse impacts caused by the extra hours of operation. d. Staging Activities: Staging activities will be permitted one half hour before normal hours and one half hour after normal hours. Staging activities include lining up and loading of trucks, equipment inspections, fueling. and other similar related actions. Trucks may enter the site within one half hour before the normal hours however no 'ravel trucks ma leave the site until normal hours of operation. After the P.M. normal hours of operat within one half hour past the P.M. normal hours of operation, site clean-up a n ment aintenance i per te. as well. 14 7. a. Mining: During the entire period of operations, all excavations other than the working face shall be sloped on all sides no steeper than one (1) foot horizon al one 1 f• •t v-r al unless -e'er sloe i •raved b City Engineer. b. B -r Th- .ublic view or i•h -•f -wa fac- •f h- .,rime -r -ru hall be sloped no steeper than four (4) feet horizontal to one (1) foot vertical. The extraction side of the perimeter berm shall be sloped no steeper than three 3 feet horizon al to one 1 f• -r 'cal. 8. Noise: M. xim m n•i lev-1 a h- -rim -ter of h- EI bou all •m.1 i the limits or standards established by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. 9. Paved Access Road: All access 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 •n.' 'ons. Durin• the annual -asp; ratin• -rmit revi- he i 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 eifIttiefi operating permit. 10. Dust Control: O -r, tar s e till .11 ractical means to reduce the amount of fugitive dust -nerat-d -x `,v.tion operati•ns. In any event, the amount f ust or other particulate matter generated by the excavation shall not exceed air pollution standards established b the Minnesota Pollution Control A enc On da with wind advisory, as defined by the National Oceanic and Atmospheric Administration's National Weather Service, the Community Development Director m, r- ir- .0 in• the time of wind advi that the d mining over. on cease operations to eliminate additional dust generation. 11. Explosives: The use of explosives in the large scale mineral extraction operation is prohibited. 12. Surface Water Pollution: The mining plans shall comply with the City's Surface at -r M.na•eme t Plan. Excavation o.er.t•r shall camel with Ma. •licable Minnesota Pollution Con .1A. enc and De Bar -nt of Natur.1 Resour regu s and all licable United States Environmental Protection Agency re•ulation far h- .r•tection of .t-r ali No e •roduc •r pro ess residue incl un eated wa h w. ter shall be de. i -d in an .u water f the State of Minnesota. 13. Groundwater: The excavation o erators shall .re•are a •roundwater monitorin• plan to ensure ha •roundw, ter flow level or .ualii i not impacted. The 15 groundwater monitoring plan shall comply with City and Minnesota Department of Health regulations. 14. Wastewater: On site sewage treatment systems shall conform with City Code Title 9 Chapter 6, Dakota County Ordinance 113, and all applicable state and federal regulations. 15. of soil: All o soil lo wi hin the EI no efore the mineral -x n o. -r. on begin -x the to.soil l• ated over areas th, .r .L.nn-d reclamated as open water, shall remain within boundaries of the operation. Addition.1 .s•il ma r- in -n r- h. minimum of 6 e •f is placed on all areas reclaimed and restored as dry ground. 16. 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 Around cover along all setback areas. b. The public view and right-of-w.y side of berms that are planned to exist linter an fif -en 15 ears shall .e° ardsca• i -n i of one ee per 625 square feet. A minimum of 66% of the trees shall be conifers. c. The Ci un it ma consider sta.. erin the timin f the 'nstallati n of the 1.ndsca.in• if •r- min: is cons cti•n .n i r-. ed o creen ie hase of minin. se t-d wi h h- n al o•eratin• .ermi d. Berms ha .r- .1. ned to exis less than 15 ears shall 1. d aged with a stan dard MNDOT ROW mix. e. All .s r cla' ed hall e. wit i as .roved see mix wi hin fourteen (14) days of final grade being established Additional seeding shall be applied as needed until the vegetation has been established. f. The City may require cover over areas that have remained undisturbed for more than twelve 12 months if it is determined that these areas en-r. e airborne dust particles. 17. Maintenance of Mining Vehicles: a. All machinery shall be kept operational. b. Aband•n-d machine and r .i h hall be .rom.tl rem•v- fr•m he excavation site. c. All m. chine s all be erio 'call in se e re aired and inte n d prevent rusting or her d-terioration of m. hine 16 18. Light;: Any lighting shall be shielded to prevent lights from being directed at traffic on a public road in such brilliance that it impairs the vision of the driver and m. not interfere i h •r •bs ure traffi i• or si• als. Th level of li htin• h.11 n. exceed 1.0 lumen at the EIS boundary line. 19. Complian e with Other overnmental Re lations: The large scale mineral extraction operation shall comply with all application Federal, State, and Coup laws and regulations, including Dakota County Ordinances No 110 and No 111. 20. Council Waiver: The City Council, at the time of issuance of the annual 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 he .lic. tion or oth-r f. ors make as •r• •ria e or- i ..le measures for standards consistent with the public health, safety and welfare. Special Requirements: 1. R-im. r e of i Costs: Th- .-rmi sh.11 re' 'r he ci for h- cost of .eriodic ins •e on f.r he .0 ..s- .f -r •'tha h- .r.visions •f he extraction permit and this Section are being followed. 2. Haul Routes: The applicant shall submit to the city a detailed map of the streets on which material remove. h. e ans orted 1 reads rou The ci i h. ll ins.ect th- h. 1 s routes .ro.o ed to the a..li .n or own-r .n. shall r- mmend to the c. cil ne -s u. radin r re airin f h haul reads routes prior to their use by the applicant or owner. The council shall designate the haul reads routes and may consider the recommendations of the responsible city officials in the ex 'on'.ermit issu-d to the a..licant. I h.11 be he re •nsi.ilis f he a s lican o o n -r to main ain th haul road) rou in accord. n with the rovisions set forth'in the permit. The city shall periodically inspect haul feleAs routes to ensure compliance with the permit. During the period of or upon completion of the excavation operations he s .licant or o n-r shall m. k- .n necessary repairs to the haul reads routes as recommended by the city. All costs of inspecti for in this subsection shall be borne b a..li an or owner. The use of the haul roads routes shall be subject to any road and weight restrictions unposed by the city. The operator shall be responsible for reimbursing the city for an tional maintenan co is incurred for ublic r.. ds as a resul f he minin operation. 3. Gravel Production and Phasing: a. A phasing plan shall be prepared. b. No mineral extraction permit shall authorize extraction operations to be conducted in more than two 2 non- conti•uous ei•h 80 a re .yeas of an extraction operation concurrently. 17 c. No mineral extraction permit shall authorize extraction to be conducted on more than one hundred and sixty acres at one time. 4. Other Requirements as Determined by the Council: The permittee shall 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. J. Reclamation, Restoration, and Rehabilitation: 1. Phased Operation: To ensure that the mine is reclaimed in a timely and orderly manner, the mining operation shall be divided into phases of no more than eighty (80) acres per phase. 2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction if these f t re roadw,. s a re. sonable recla ation ade a d- er es the i hall b- a•lished ith' the -ntire i• .ted ri•ht-of-w. w•dth for th- appropriate roadway classification. Within twenty four (24) months of receipt of writte n. 'cc from he i hat the •lle or or :r -ri.l ri•ht-•f--wa is needed for either r dwa an. .r u on n -r will corn ple e minin i hin that right -of -way and reclaim the right -of -wa o he rades a .roved wi hin the Interim Reclamation Plan. The City Council may within the interim use permit .r•vi.ed a minimum .er'od of such ha the ..era or will h.ve min- -for- h- twenty four (24) month advance can be given. 3. Trunk Utility Services Within twenty four (24) months of receipt of written notic from the City that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the Interim Reclamation Plan. The City Council may within the interim use permit provided a minimum period of time such that the operator will have mine before the twentyur 24 month anc- an 9- ■•ven. 4. Water. Bodies and Drainage Plan: The City has an adopted Surface Water an ement Plan which plans for th- •nve ance of surface water across the Ci The mining operation shall allow for the conveyance of surface water within the approved minin• area called for within t e Surface ater Mana•eme t 5. Interim Reclamation Plan: The permittee shall provide an interim reclamation plan which provides reclamation grades for all eighty (80) acre phases that would allow for agricultural use immediately following reclamation. 6. End 1 Jse Grading Plan: The Comprehensive Plan anticipates that the ultimate use for the en e of the is is urban develo.ment. To accomm•.: i 1 and all. for orderl develo.ment th- -r 'tt-e shall provide an end use •r_•_' plan that can rea onabl a o mm. date ur an devel.. men Fo minin. o erations that are ex. -cted to re.uire more han twen 20 ears t. complete th- i Council ma ...rove an end use •ra. elan for th- are. th. i ex.ected to be 18 completed within twenty (20) years. The City Council shall not approve an annual operating permit for an area without an approved end use grading plan. 7. Removal of Buildings, Structures, and Vehicles: Within eighteen (18) months of the re Lm. 'on of each •h, ,ll ctures an..l,nt in id- .1 h. .h, of operation shall be dismantled and removed by and at the expense of the sand and ray 1 roducer last operating the building, structure or plant, or the owner of the property, unless the structure or use is compatible with the anticipated ultimate use of the ores-rip buildin• structures or .1.n not removed r-•uir-d`. hi section may be removed by the city with the costs for the removal char• ed to the permittee or the owner of the property. 8. H. 1 k aterials an. -r, n The Ci o n it ma -r is n_ f clean and compactable inorganic fill that is able to support urban development to Kiev- the reclam. '•n .r, des. Th- •ermi ee shall su.mi`, h ul -b.ck m, n,_ -m -n .1.n hat in ludes he uses of fill that sh.11 se sego i -d wh' -r- the f_ c.m- from and what testing of the fill shall occur. All fill deposited within the mining operation must be able to support urban residential development 9. Duration of Mining and /or Ancillary Uses: To provide for the orderly development of he is the i Council shall determine the duration of the mining or ancillary use within the interim use permit. K. Annual Operating Permit: 1. Purpose of the Annual Operating Permit A large scale mineral extraction operation m, -xtend for ears or em .1- te. The es- of the ann ,1 eratin permit is to provide an opportunity for the City Council to review the operation of the mine th r c comment on the op -ration mode n ermit con. n necessary to address adverse impacts that arise from the operation,and revise the phases and /or sub- phases of the mine. The large scale mineral extraction interim use permit provides a zoning basis for the mine provided the city issues an annual operating permit. 2. .ti.n Public Hearin. Notice And Proced re: The as eli on public hearing, public notice and procedure requirements for annual operating permit shall be the in _s those for amen.m-n s provided in section 11 -10 -11 of this chapter, that the permit m. i u- d onl on the affirmative vote of a' on of h entire council. 3. Area without an End Use Grading Plan: The City Council shall not issue an annual operating permit for an area without an approved End Use Grading Plan that accommodates urban development. 4. Duration of Operating Permit: The large scale mineral extraction permit shall run from January 1 through December 31 of the same year or for a lesser period of time as the City Council may specify at the time of issuance of the extraction permit. If 19 the extraction permit is to run for less than a full year, the fee shall be prorated as determined by the City Council. 5. Operating Permit Fee: The fee for large scale mineral extraction permit shall be as e a.lish d from o time b resolution of h- i sun il. 6. Inspections: The City may inspect all mineral extraction sites where a large scale mineral -x action •ermi h. -n issu- h- -r. •r •r owner •f an 1. s ale mineral extraction operation found in violation of the requirements of this title or its ex on .ermit 11,11 remed such violation wi h- ifi- w it -n notice from the City 7. 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, performance bond or letter of credit "security in an amount and source determined b the council in favor of the ci conditioned to ea the ci the c• d exile s- •f re.airin..n str -et wh -r- h ir work is made n essai ecial burden resulting from hauling and travel, and removing material from any pit or excavation, and conducting required rehabilitation and •ndition -d f.rth-r t• •mill wi h _ll r- en s of this e '•n 11- 11 -4 -1 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. Th- -curi shall r-m.in in f ll for ,n. -ffec fora u -ri• one year after expiration of the extraction uer g uarantee the requ rehabilitation .s w-11 as h- h -r ir-m-n he in .rovid-d. Th- r- i •one will be based on the number of acres requested within the annual renewal extraction ermit the amount of acres that have not been reclaimed to the end use g radin g plan elevations, and an amount that can be immediately withdrawn for the special burden of stre-t re air or e in ufficient landsca.i re for unfulfilled rehabilitation measures will be determined and a security will be required as long as the rehabilitation measures are not completed. 8. Insuranc-: The •er 'tte- h.11 main ain .ili insurance and provide the Ci nuall a Cer ficate of General Liabili Insuran i s insurers d 1 licensed within the State of Minnesota. The City Council shall determine the appropriate amount of liability insurance during the annual permit renewal. Section 8. This Ordinance shall be in effect following its passage and publication. 20 Adopted this day of 2012 by the City Council of the City of Rosemount, Minnesota. By: William H. Droste, Mayor ATTEST: By Amy Domeier, City Clerk Published in the Rosemount Town Pages the day of 2012. 21 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION; AMENDING ROSEMOUNT CITY CODE, SECTIONS 11 -1-4, 11-4 -1 AND 11-10-4 AND ADDING NEW SECTION 11- 10-4 -1 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows: Section 1. Purpose. The purpose of this ordinance is: 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 that 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 in the city; and to establish conditions that insure the restoration of mined areas consistent with existing and planned land use patterns; 5. To regulate and ensure that mitigation measures are implemented 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 only location 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 Formatted: Strikethrough Iperating permits. Formatted: Double underline Section 2. The Rosemount City Zoning Code, Section 11 -1 -4 is amended by adding the following definitions: S u E. u., s w., •i n .S• -S ...•S 1'111 Non Metallic Mineral Mining SMALL SCALE MINER Ai. EX t r S m,••, S i ••a n•, tS .S •V•••'• t 1'111 Non Metallic Mineral Mining, Section 3. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph D is amended by deleting mineral extraction as a conditional use as follows: 1 D. Conditional Uses: Section 4. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph E is amended as follows: E. U3c3 Permitted By PUDlnterim 1Ises: None. Large Scale Mineral Extraction and related Accessory 1 Jses within the Large Scale Mineral Extraction Overly District described in Section 11- 10 -4 -1, Large Scale Mineral Extraction Ancillary Uses as defined in Section 11- 10 -4 -1, Small Scale Mineral Extraction and related Accessory Uses within the Small Scale Overlay District described in Section 11 -10 -4, Section 5. The Rosemount City Zoning Code, Section 11 -10 -4, paragraph A is amended as follows: 11 -10 -4: SMALL SCALE MINERAL EXTRACTION: A. 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 material in the city, or to fill or raise the existing surface grades, without receiving a permit for mineral extraction. Such- permitsPermits for small scale mineral extraction under this Section may only be issued in rhea zoning district whertwhere mineral extraction is listed as an interim use. Furthermore Small scale mineral extraction shall rxtmay be allowed only within th- S Districtso a3 not to Permits for mineral extraction within the Large Scale Mineral Extraction Overlay District may be issued only under Section 11 -10- 41. s• permit shall not be rewuirrs1 for any of the follow .,S u' has been issued. 2. Excavation by ata 1. 11 maintenance of roads, highways or utilities, 3. Curb cuts, utility hookups or street opening~ for which another permit has been issued by the city. i S S 1 11 S 1 1 0 5. Excavation or pradin. for au cultural oses. (Ord. B, 9 -19 -1989) 2 Section 6. The Rosemount City Zoning Code Section 11 -10 -4, paragraph B is amended as follows: 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 h_.. b,.,.-, i.,., 2. Elea aatieri-by atatc, county or city authorities in connection with construction or maintenance of rc,ads, highways or utilities. 3. Curb cuts, utility hookups-o sty,, t has been issued a -eity. 1. Excavation leas than one hundred (100) square feet in arc or one foot (1') in depth. 5. Excavation or grading for agricultural purpoacs. (Ord. B, 9 19 1989) B. Small Scale Mineral Extraction Overlay District: The small scale mineral extraction overlay •..S 's S 7 le e S 1 If C I II 1 CS State Aid Hiuhway 4 and US Highway 52 to the west, Section 7. The Rosemount City Zoning Code is amended by adding new Section 11- 10 -4 -1 as follows: 11- 10 -4 -1: LARGE SCALE MINERAL EXTRACTION; A. Permit Required: It shall 1 00•01;.• -so. s or excavate rock, sand, a .v 1 c a s'1 c r .e ik r 'i i 's ti'•� ti •'ti S r: s•' this Section without receiving a permit for large scale mineral extraction. Such permits may only be issued in a zonin district where laru- r. s s a use and in the large scale mineral extraction overlay district. Permits for mineral extraction within the Small Scale Mineral Extraction Overlay District may be issued only under Section 11 -10 -4 -s..-•• Y. 0! Q .1 I. he submitted with and considered simultaneously with an application for an interim use permit under Section 11 -10 -8. No ermit will he re aired for an of the followin 1. Excavation fora £oundadon- cellar or basement of a building if a building hermit leas been issued, 2. Excavation bv_s tat maintenance of roads- highways or utilities, 3. Curb cuts utility h s .e S issued by the city, 4. Excavation less than one hundred (100) square feet in area or one foot (1') in depth. 5. Excavation or g rac T T .0 3 B. S e r: I s 1• s a i•! 5 5 5 1 S ,•-(f 5 i S S to the east, CSAH 46 to the south and Biscayne Avenue to the west, C. Definitions: For the purposes of this Section, the following definitions shall apply, Asphalt Plant is a facility used to manufacture asphalt or other forms of coated road stone, S 11 ••!•S .1 1 .S 11•• 5 1 1 05 1 5 1 binder. Increasin y A ,s r: s, mis Berm is a level space, shelf or raised harrier separating two areas, Rathymetric or Hydrographic Charts are charts that show lake bottom relief or terrain as S 5 5 511. IS S 15 5•.1. 5 Concrete is a mixture of paste and aggreg tes (sand and 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 rock -like mass known as concrete Construction 1al_i r. t o "A t i5 z r d a e 5 used in construction, including sand, gravel, crushed stone, slag, and recycled concrete, 1 'sr 1 5. R re 1 1 1 5. 551 S materials from one location to another it 1 1 .15 go, 1 s S 5 5 rocks or gravel, Dry Mining is mining pd excavation that takes place above the ground water table, 1 01 1 :i• 11 1' O. machine equipped to excavate material from underwater and bring it to shore where they can be processed into construction grade ag regates. Haul Road is an internal private road used to transport material. Haul Route is an external public road used to transport material. Mineral Extractio is extraction of inorlanic materials such as ore avel or sand. U 1 i S •s 5 r. i u .s a I. 1 Formatted: Strikethrough EIS boundary line, Portable Processing Fgau• u t.! move from Dint t0 oint S r q' i or es. Precast ,s r• s- c s s .s ,_e beams or plank, concrete pipe 15 1. .t. .551.1 s• •rS r. 5 a proper curing time has been achieved, ri •1 .1 -S 1. r. S S• S 15 .S 0/1 15 1. 111 5 1 s1 55 1 .5 .11,.• 4 Reclamation /F,nd Use is the process of creating useful landscapes that meet a variety of goals. It includes all aspects of this work, including material placement, stabilizing, capping, re ng and 1p acing s s i s 0 RRcycled Asphalt an or 0) s R s S 1 S. 0 S 1 .s i• •r '•o new roducts or road bas products used on construction sites. ..•'•J ..••S' Q. ..1 J.•.. 5 "11, multipk ggrades by particle S S OP. s 0O• handling rocess. Stockp s J Wiping is removing to s 111 a. •S s from the top of the mining deposit to expose the quality sand and gravel needed in the production of high quality construction aggregates, Ton of Material is a U.S. short ton (2,000 pounds) of material, u s** S S b&hest concentration of org,anic matter and is where most of the earth's biological soil activity occurs, TruckScale -isa tfom i O. O truck is of legal weight and or dimension. rininJ is 1 'n' 'o.. h. o h• Jr• table, J 1 1 S size washed dewatered- a. s D. Review Process; 1. Public Hearing: Apnhlic hearing will he conducted for consideration of permit applicati The ..li n. s h permit ',n .•s- .n ••n-• a••. 1- of this chapter, 2. Criteria for Permit Approval: The following factors will he evaluated when determining whether to approve a large scale mineral extraction operation. The approval or denial of a permit shall include, but not limited to, finding' on the following factors, a. Consistency with City Plans and Policies: The pro used larga scale mineral extraction pj•mit is consistent with the comprehensive guide plan and the location is suitable in that the excavation, mining, processing stockpiling or ha,i gofs...... •-••s• s •_s.• unreasonably adverse land use impacts or exceed local state or federal safety and environmental standards on the adjacent properties. The applicant for a permit at the applicant's sole cost, shall provide information to help 5 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 sit boundary; and an environment impact Statement, b. Environmental Impacts: An environmental impact statement (as defined by Minnesota Environmental Quality Board Rules) shall he completed for each la e scale t, n'• 1' e• o 1. designed and operated as to minimize adverse impacts identified in the 5 1. 111. S. '•1'1 S1. he considered by the City Council prior to any final action on a large scale mineral ex :•e o• e• •5 1•• .o• 5 .1 1•'• extraction permit shall not he considered complete until the time as final comment has been received on the adequacy of the environmental impact statement, c. LargeScal r. •s• i 1• se.••.i•s• ifs" 5 11 1 5 1 1 11 1 1 1 thelargt_s_- 's E. •11 ,i•• C s• .i•• s io• 1u• I. include the following; 1. fY. .11 111.•'• '••••5 2. The name and address of the applicant, the owner of the land and the person or corporation conducting the actual removal operation 3. The names and addresses of all adjacent landowners within one- fourth /,hnile 4. The purpose of the proposed excavation, 5. The estimatedrim. oleo ,.5 •oso .i 6. The names of the lghways, streets or other public roadways within the city upon which the material shall he transported, 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 he excavated durin the permit period, and the minimumand maximum elevations of the area, and showing a minimum of 300 feet of the adjacent land on all sides of the proposed excavation area 6 8. r F. Formatted: Double underline continuing rehabilitation of all excavated land, Such plan shall illustrate, using Formatted: List Paragraph, Add space between paragraphs of the same style, appropriate photo >ra hs- maps, and surveys drawn to a scale of one inch equals 200 Numbered Level: 1 Numbering Style: 1, 2, S. 0!'" 3, Start at: 1 Alignment: Left Aligned at: 0.5" Tab after: 1" Indent at: 1" a. The removal or planned contours of the land when the mineral removal Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" operations are completed, b. The estimated period of time that the pit will he operated and a schedule I Formatted: Indent: Left: 1 Hanging: 0.5 setting forth the timetable for excavation and rehabilitation of land lying Tab stops: 1.5 List tab Not at 1.8" within the active, inactive and restoration areas, c. Those areas of the site used for storage of topsoil and overburden, Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" d. s s s Formatted: Indent: Left: 1 Hanging: 0.5 ade c rinti•• w r.,•.• Tab stops: 1.5 List tab Not at 1.8" he estahli,hed, Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" e. The five f& s s 11 Formatted: List Paragraph, Add space the onerat r• ti between paragraphs of the same style, Line spacing: single, No bullets or numbering, Tab inclusive, stops: Not at 1.8" Formatted: Indent: Left: 1 Numbered Ancillary and accessory use rehabilitation, reclamation. and restoration plan. Level: 1 Numbering Style: a, b, c, Start at: 6 Alignment: Left Aligned at: 0.5" Tab after: 1" Indent at: 1 Tab stops: 1.5 The maximum slope of the reclamation area that is developable shall he at List tab Not at 1" no steeper than five (5) feet horizontal to one (1) foot vertical. The Formatted: Double underline maximum slope of the reclamation area that is undevelopahle, such as the Formatted: Normal, Indent: Left: 1 No area between a water body and a right -of -way line shall he no steeper than bullets or numbering ,1 n 1 f o ,1. n slo ,n hr Formatted: Indent: Left: 1 Numbered 5 ti 1 y Level: 1 Numbering Style: a, b, c, Start r at: 6 Alignment: Left Aligned at: 0.5" engineer and a roved h the Ci En j nt-er, Tab after: 1" Indent at: 1 Tab stops: 1.5 List tab Not at 1" h. Adjacent ro Water Bodies: For manmade groundwater lakes. the bottom Formatted: Double underline contour shall be gradually sloping from the shoreline to the deepest portion Formatted: Indent: Left: 0.5 No bullets or of the water body at a maximum slope of ten feet horizontal to one foot numbering vertical (10:1) from at least ten (10) feet upland from the proposed shoreline Formatted: Indent: Left 1 Numbered Level: 1 Numbering Style: a, b, c, Start to at least fifty (50) feet from the proposed shoreline toward the center of the at: 6 Alignment: Left Aligned at: 0.5" Tab after: 1" Indent at: 1 Tab stops: 1.5 List tab Not at 1" 7 water body. Beyond fifty (50) feet in horizontal distance. the slope of the bottom contours may be no steeper than 2:1. :t :.,v,,.�.,,..�.:.�.....s,�:.�.. 4 Formatted: Indent: Left: 0.5 Hanging: 0.5" When mining is proposed within the groundwater or within twenty (20) vertical feet of a historic groundwater measurement elevation. then a hydrogeological study shall be submitted. The h giro T stud shall include the f llowin. a. Description of each groundwater excavation Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" Formatted: Indent: Left: 1.5 No bullets or a-). Description the location and construction log information of all wells within numbering three hundred (300) feet of the EIS boundary. Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" 1 Desc do s 't v.. s 0 i Formatted: Indent: Left: 1 Hanging: 0.5 placement procedures). Tab stops: 1.5 List tab Not at 1.8" option of the aquifer characteristics in the area of each groundwater r Formatted: Indent: Left: 1 Hanging: 0.5 fill activity Tab stops: 1.5 List tab Not at 1.8" excavation to he affected by proposed ty (aquifer thickness and g eneral iro1oic setting el-e. R i Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" regjmes. e,L Groundwater monitoring plan. Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" -fg. Such other information as the city may from time to time require. Formatted: Indent: Left: 1 Hanging: 0.5 Tab stops: 1.5 List tab Not at 1.8" d W ithi n c i E t n 8 on to a f..._ .r......_....:_... ..c l.._. 8 &l0. Location of any and all existin s s Formatted: Numbered Level: 1 Numbering Style: 1, 2, 3, Start at: 10 Alignment: Aligned at: 0.5" Tab after: n n a 911. R' r •n 1 Indent at: 1" S 1 W: Formatted: Numbered Level: 1 Numbering Style: 1, 2, 3, Start at: 10 construction debris material on the land for which the permit is desired, Alignment: Left Aligned at: 0.5" Tab after: 1" Indent at: 1" F. Accessory 1 Jses: Within a large scale mineral extraction operation. the following uses are cus o a 'ly i.ncidental to i 1111 .s,. goo 5 55 r .s •1• 5,o 5,5 _'s R•'• extraction operation 1. Gravel Crushing, 2. Gravel Washing. 3. Offices associated i •R o -r: i n ill, .s s. 4. Truck Washing, 5. Minor Vehicle and Mining Equipment Maintenance, 6. Stockpiling. br7. Storage of Machinery used daily in the extraction area Formatted: Double underline G. Ancillary 1 Jsses• There are a number of uses and production facilities that either use significant quantities of agyreg resources or benefit from close proximity to large scale mineral extraction operation hut also g-nerate issues, nuisances and adverse land use impacts evond the scope of the operation itself. The followin re lations a 1 to these ancilla uses to a large scale mineral extraction n eration. 1 Separate Interim s"•••• 1 s .'S .'s, -s S land use impacts generated by ancillary uses, a separate interim use permit as pru idedinsectio• 1 is se. each ancillary use, The listing of a use in the following subsection does not mean that the use will he approved within the large scale mineral extraction operation or that the use will he allowed during the entire duration of the operation. The decision ••,Ro.•. •.1.•• S. R,• .r use is within the discretion of the City Council. Formatted: Double underline Formatted: Normal, Indent: Left: 0.5 No Association With Mining Activity: An ancillary use may be allowed provided that bullets or numbering any of the following conditions are meet: Formatted: Double underline Formatted: Indent: Left: 0.5 No bullets or a. On a site that has an approved large scale mineral extraction permit in numbering compliance with this section. Formatted Formatted: Double underline Formatted: Normal, Indent: Left: 1 No bullets or numbering 9 t,. In conjunction with large scale mineral extraction occurring within the Formatted approved EIS boundary. provided the adjoining municipality has approved the large scale mineral extraction and provided the ancillary use facility was originally an interim use permit in conjunction with large scale mineral extraction in the City of Rosemount. _'..i_____Anctlla Uses Co S r r u 1 considered in association with a large scale mineral extraction operation and the permit, a. 1 S .1,e, r• a 1 r• 1" n in compliance with this section. In addition, the following performance standards shall apply; 1) Location: The plant shall he located in such a way as to minimize its isibikW from an adjacent residential use or a public right of way. This u��be accomplished through topography, landscaping, existing yew; 1. of u e EIS boundar- lime shall he twice the height of the plant or Formatted: Strikethrough j applicable setback under this code, whichever is greater, 2) Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete plants, each concrete plant shall have its own separate interim use permit. The primary ready mix concrete plant shall have the eq>Tnment. except for silos and the conveyors that transport materials into the building, enclosed within a building, Ono -tr _.._....cc.._.).._. ttnstnt I fttritt ,z •M,,,.= 711•11= One or more secondary concrete plants may be permitted if an active interim use permit for the primary concrete has been approved that includes a requirement that the primary concrete plant building be completed within eighteen (18) months of approval. 3) Plant Height: The maximum height of any concrete plant shall he one hundred and five feet (105'), 4) Material Stockpiles: Stockpiles associated with these uses shall he limited to a height of sixtl fi eet (60'1 5) Quad!>or Storage: There shall he no outdoor storage of finished material orTrt) 5 ..11• .1 11, S• 1 1 11 10 or concrete plant must be screened from view from an adjacent reside ,..s- o oo oo,o s os 9 "Outdoor Storagf, of this title, 6) Hours of Operation: The hours of operation shall he limited to 7 a.m. to 7 p.m. Monday through Saturday unless special lwrmission is jranted b_y_the City Council within the interim use permit. The extra hours of operation may he conditioned on more restrictive performance standards to address the additional adverse impacts result-in extra hours, 7) Haul Routes: Traffic generated by this use shall utilize haul routes appro .110 tr •S 1 0.0' Shall I S OS HP le o .11 o .ti so I' o 'I j gss subject to approval by_thesitv. The haul routes may Do so It 'es s Department of Transportation approval as well, b. Asphalt Production: A plant for the production of asphalt may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following_performance standards shall apply 1) J.ocation: The asphalt plant and all equipment associated with it shall he located a minimum of six hundred sixty feet 1 U .1 ••1- Lericiiltural zoned land, 2) Setback and Buffering; The plant and all equipment and materials associated with it shall he set back a minimum of seventy five feet (75" from EIS ss so s s 1.1 It. Formatted: Strikethrough inclu a bermin i.n. a on- •r -n S I 0 .I S '1P• I• required from ground level to the first thirty percent 30% of the overa a I. 1°0 the overall height of the plant as viewed from eye level from surro O a 4; 3) t -s: I, 11 5 SI.1 IP. s appro I .5 0' g 0. .410 '11 ".5 1"4"1 ingyess and egress subject to approval by the city. The haul routes may et o.. 1 o. oo's o N'oo 1. Dpirtment of Transnortation 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 he responsible for all costs associated with road improvements required to serve the use. 11 5) Material Stockpiles: Stockpiles associated with these uses shall he limited to a height of sixty feet (60'), 6) Outdoor Storage: There shall he no outdoor storage of finished material or products, All egupment and raw material associated with the asphalt .1 i "S public right of way in conformance with section 11 -2 -9, "Outdoor Storage' of is i 1 7) •••S••• •S••, 01 .01S 'e ••e ,.1 /l••S•.• C Part 7011 for testing, monitoring and operational requirements, 8) Waste Byproducts: This use shall operate so as not to discharge onto th- soils within the EIS boundary of the lot, across the boundaries of the kr -EIS boundary line re within of-the jEIS boundary- O EIS boundary line where such use is located, toxic or noxious matter in such I i 1 S S T safety, 11 ..s husineas. 9) Odors: ''his use shall operate so as to prevent the emission of odorous matter of such quality as to he detectable beyond .h.- l li o f .L....:... -_-Lic EIS boundary line_ 10) Surety Bond: This use shall comply with the aonlicable oneratin special requirements and bonding for restoration standards for mineral extraction specified in subsection K4 of this Section, 11) s 1• .io•• h- h•__so nsh:ll•- o toto 7 o.m. Monday through Saturday unless s ecial permission is grante by the City Council within the interim use permit. The extra hours of o exat i standards to address the adverse impacts caused by the extra hours, c. Maintenance Facility: A facility for the repair of trucks, other vehicles and equipment used in a mineral extraction operation may he allowed on a site that has an approved large scale mineral extraction permit in compliance with S i 1 S 5 5 55. OOP S comply with site. lot, and building standards within Section 11 -4 -16 Paragraphs F and G d. Casting Yard: A facility for the manufacturing of precast concrete products s, :S.•.•. 1•.• H Y: permit inc••..<• ..'s 16• h- shall occur din r •roducts outdoors. The City Council may approve the outdoor casting of oversized 12 concrete products provided that the oversized products are to be used in a constructim project that the operator has been awarded and the outdoor oversized product casting ceases when the construction project is finished. The construction and design of a casting ,'s (10) years shall comply with site lot and }wilding standards within Section 11 -4 -16 Paragraphs F and G. e. Agpreiate Processing and Recycled Aggregate Products Production: The conveying l 1 S 1 recycling concrete and asphalt may he allowed on a site that has an approved arsre scale mineral extraction nerm t in comp liance with this section In addition, the following performance standards shall apply: 1) Location: The plant shall he located in such a way as to minimize its visibility from an adjacent residential use or a public right of way. This n a y h S s S vegetation, herming or setback, 2) Materi. •ti• r. •s .ss s• .s s•. to a height of sixty feet 1 3) Hours of Operation: The hours of operation shall he limited to 7 a.m. to S I J the Cite/ Council within the interim use permit. The extra hours of operation may he conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours, 4) Ratio of Ay g.regate Processing to Recycled Amegate Products Produ .s I•. .1• minimize importing of recycled material transported from outside the associated gravel mine, a ratio of agyreg >ate processing to recycled aggregateaggregate ro u processing 9. s I s permit. The ratio shall have a minimum of seventy percent (70 %1 =neg. I I /I I CI 10. rotes ;;.:.;.......a +..�i.ro�;i v:m.�., 4tallAttreThe ratio shall be_based on tonnage sales and the actual tonnage sales shall be reported to the City on an annual basis. The City Council may limit the area in the aggregate process facility in with the recycled aggregate products may be stored. H. Performance Standards: 1. Boundary: Extraction o. I. I I I excavation site described in the permit, 2. Access: Extraction operations shall only he allowed on sites that have direct access to a principal arterial, minor arterial, or collector street as designated in the city of 13 Rosemount comprehensive glide plan. A local street may he used if approved the City Council, 3. Setbacks: Setback boundaries shall he as follows. Where setbacks are measured Q S S 1 zoning district boundary is assumed to he the centerline of that public right -of -way, a. Residential Zoning I 1 b. Industrial, Commercial or Institutional Zoning District: 150 feet c. A•icultural Zoning District: 30 feet d. C t I 11 e. rht_of -w, s: f. Pre existing Water Bodies: 150 feet 4. Height: a. the_heigh S S .1 •s those desc:• s. •s 1 •1 •a extraction operation shall not exceed sixty (60) feet. This standard does not apply to the ancillary facilities covered h_ b .17i �,.i %MP .01.2M•79 y ,yam ,1 The Ci Council may approve a limited number of stationary conveyors to a height no taller than sixty five (65) feet provided that all practical means of screening and setbacks are emplo.-ed into the conveyors construction and installation. c. The floating dyed SO. s f e i 1• i 5. Appearance, Scree• 10 •n right -of -way or urban development through a combination of existing stands of trees, berming and installed landscaping a. ..s••• S. 11 s operation is the maintaining existing stands of trees that would provide a s •1 1 0 1• S S .•.S provideni 1°, .••s or herming ;hall he installed to provide ninety percent (90 opacity. An annual opacity audit of the tree stands shall he conducted and dead vegetation shall he removed and additional landscaping or berming shall he installed maintain nine 90 opacity The methodolo} for the opacity- measure shall be taken during full leaf growth from the shoulder of any public road or neighboring property to determine opacity in a band five (5) feet to seven (7) feet off the ground. b. S •s ,S exist. The berms shall be at least ten feet in height measured from the toe of 14 the berm or from the fog line of the existing public road, whichever results in the 1, eatestleight of the berm. 6. Hours of Operations: a. Mining; The hours of operation shall be limited to 7 a.m. to 7 p.m. Monday through Sa._ II•" •nu.••• 1 1 is 4 Sunday operation from 8 a.m. to 5 p.m. on no more than five (5) Sundays wally provided the operator notifies the Community Development Director no less than 72 hours before a Sunday operation. The City Council may grant special •55' s eration within the annual extraction permit. The extra hours of operation may he conditioned on 11 "S •t11., .•1. 5 55 1. .1 S impacts ca .5" o fool 1 b. 5 .5! 1• s s N 1• 7 p.m. Monday through Saturday. The City Council may giant special •••SS••• 5• Y 1 Y. .11 The extra hours of operation may he conditioned on more restrictive perform= 5 .1 1 5 .1 55 I' 11 5 Y: hours of operation, c. Truck Ha.di 1 The hours of operation shall be i] mited to 7 a.m. to 7 n.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 Developm"• 1 it 5 .11. ••'Y.••1 The C t t y C 11 4 S 55 1 within the annual extraction permit. The extra hours of operation may he conditione us s see s as 's 1.1 limited to the truck haul routes. to addre the adverse impacts caused b, the extra hours of operation. d. StaingAc: i J, ..s normal hours and one half hour after normal hours. Staging i include lining up and loading= of tnzcks, equipment inspections, fueling. and 1 5 1 1 5 t Q •1 t' S 1 1 o' 1 111 S" 1 1 .1. t. ,S •l 1 S 1 normal ho Y 1 t 1 within one half hour past the P.M. normal hours of operation, site clean -up and eanmen ain nan is permitted as well. 7. a. Mining Durine the entire period of operations, all excavations other than 1 1. •S o' 1 5 1 1 1 o__ t t fo• ss s s1• 's ••r•v" City Engineer. 15 b. i ,I r' r p S S, beloved no steeper than four (4) feet horizontal to one foot vertical, The e x tra c ;ff s, S three (3) feet horizontal to one (1) foot vertical, 8. Noise: Maximum .s i EIS boundary shall comply with the limits or standards established by the Minnesota Pollution ControlAgencyat r ,0 i •,u r 9. Paved Access Roa -ss r to any public mad. s•.- ,S••, •s least 150 feet, measured from the miring side of the nub i ght -of -way- to minimize dust conditions. During the annuals operating ermit review. the City Formatted: Strikethrough Council may require additional avin r len r h if dust and mud trackin r are identified asaproblembyth- ,.s 0 ...•S,. .S s S s s Formatted: Strikethrough J operati e rmit. 10. Dust Control' Op s s, s i fugitive dust generated by excavation operations. In any event the amount of dust or other particulate matter nera ed h the excavation shall not exceed air pollution .5 •5,,' .:11 days_with wind advisory, as defined by the National Oceanic and Atmospheric Administration's National Weather Service, the Community Development Director uyty require during the time of wind advisory that the mtn ra "brat `iondry mining operation cease op r• S S r. 11. Explosives: The use of explosives in the large scale mineral extraction operation is prohibited. 12. Surface Water Pollution: The mining plans shall comply with the City's Surface Water Management Plan. Fxcavation operators shall comply with all applicable Minnesota Pollution Control Agencv and Department of Natural Resources ref; ilations and allapplicable I lnited States Environmental Protection Agency regulations for the nmtection of water quality No waste products or ss residue including untreated wash water shall be deposited in any public waters of the State of Minnesota, 13. Groundwater: The excavation operators shall prepare a groundwater monitoring plan to ensure that groundwater flow, level, or quality is not impacted. The Health Deviations.. 14. Wastewater: On site sewage treatment systems shall conform with City Code Title 9 Chapter 6, Dakota County Ordinance 113, and all applicable state and federal ns. 16 15. psoil: All topsoil located on 'within the EIS boundary before the mineral extractiono erati•• r• Ors.. he reclamated as open watershall remain within boundaries of the operation, Additionalto soi •s. n ••.a S ••S• •s placed on all areas reclaimed and restored as dry_Tround. 16. Landscaping: a. .'••.a feasible, maintained or supplemented by selective cutting, transplanting and replanting• •..•s., •,T. r. ,s b. Thepubli' s.- r a•s s longer than fifteen (15) years shall he landscaped with a density of one tree per 625 square feet. A minimum of 66% of the trees shall be conifers. Formatted: Double underline #rc_ The City Council may consider staggering the timing of the installation of the Formatted: Indent: Left: 0.5 No bullets or landscaping if more berming _is construction than is required to screen the numbering phase of mining permitted with the annual operating permit. e:d. Berms tha S standard MNDOT ROW mix, s e. S•. s--•-• fourteen (14) days of final grade being established. Additional seeding ~hall be applied as needed until the vegetation has been established, e-f- The City may require cover over areas that have remained undisturbed for more than twelve (12) months if it is determined th -,s airborne dust particles. 17. Maintenance of Mining.; Vehicles: a. All machinery shall he kept operational. b. Abandone• n, •.••s• s•, a• a of excavation site, c. All machinery shall he periodically inspected, repaired, and painted as need to prevent rusting or other deterioration of the machinery, 18. S 1 so S S S ti Formatted: Strikethrough ilium' `e r_ amen. The level of lig•hting� shall not exceed 1.0 lumen at the EIS boundary line. Formatted: Indent: Left: 1 No bullets or numbering 17 4- 8-19. Compliance with Other Governmental Regulations: The large scale mineral extraction operation shall comply with all application Federal. State. and County laws and regulations. including Dakota County Ordinances No. 110 and No. 111. 4.9211. Council Waiver: The City Council, at the time of issuance of the annual extraction permit. may waive or modify any of the provisions in this section or impose I. .1 -r, submitted with the application or other factors make appropriate more suitable measures for standards consistent with the public health. safety and welfare. Special Requirements; 1 Reimburse of City s• a s s periodic inspections for the purpose of determining that the provisions of the extraction nernut •'s S on .r- 1 is 2. Haul Routes: The applicant shall submit to the city a detailed map of the streets on which the material s b routes It s Formatted: Strikethrough 9 i it ect the haul ttds routes proposed to he used by the applicant or owner and Formatted: Strikethrough shall recommend to the council necessary upgrading or repairing of the haul -ads Formatted: Strikethrough routes prior to the s HP se, hauled routes and may consider the recommendations of the responsible city Formatted: Strikethrough officials in the extraction permit issued to the applicant. It shall he the responsibility of the applicant or owner to maintain the haulrads routes in accordance with the Formatted: Strikethrough provisions set forth in the permit. The city shall periodically inspect haul tat1Y Formatted: Strikethrough J routes to ensure compliance with the permit. During the period of or upon comnletionof, he .'••s 0.1 s•. necessary repairs to the 11au1 jeads routes as recommended by h irr. All costs o f Formatted: Strkethrough inspection rrovide •'s s s s e The use of the haulteeds-routes shall s s Formatted: Strikethrough imposed h the tit .Theo erator shall be r s •s' j p y city. operator f r r rsin f Formatted: Not Strikethrough any additional maintenance costs incurred for public roads as a result of the mining operation. 3. Gravel Production and Phasing; a. A_phasing plan shall tse al k-+i 18 e-). No mineral extinction permit shall authorize extraction operations to be conducted in more than two (2 nha rrn n nrlguous ei ghty (801 acre areas of an extraction operation concurrently, d-c. No mineral extraction permit shall authorize extraction to he conducted on more than one hundred and sixty (160) acres at one rime, 4. Other Requirements as Determined by the Council: The permittee shall comply with such other requirements as the council shall from time to time deem proper and necessary for the protection of its citizens anal -the general welfare J. Reclamation, Restoration, and Rehabilitation: 1. Phased Operation: To ensure that the nine is reclaimed in a timely and orderly manner, the mining_operation shall be divided into phases of no more than eighty (80) acres per p .M.. ,..T.,:.,..41E:.L10:.,.. =:..,.Mti..,,..s.,:.., 2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility constniction of these future roadways, a reasonable reclamation Bade as determined by the City shall he established within the entire designated right -of -way width for the anropriate roadw. s' ties a Hoe Is* written notice from the City that the collector orarterial right -of -way is needed for either roadway an i •s a. 111 u OHO n that right-of-way a i• -0-.. r.• Interim Reclamation Plan. The City Council may within the interim use permit provided a minimum period of time such that the operator will have mine before the twenty four (24) month advance can be given. 3. Trunk Utility Services: Within twenty four _(24,1 months of receipt of written notice fromtheCitythat•.• a.•. a s ti, ••s a the mining operation the permittee shall provide an easement for the utility s a 1 s e .1 1","•• the grades approved within the Interim Reclamation Plan, The City Council may within the interim use permit provided a minimum period of time such that the operator will have mine before the twenty four (24) month advance can be given. 4. Water Bodies and II M• M Plan which plans for the conveyance of surface water across the Ci ty, 1•" Y.i•• S•. O. 1 1' approved mining 5. Interim Reclamation Plan: The permittee shall provide an interim reclamation plan wlr�ch provides reclamation grades for all eighty (80) acre phases that would allow foragricultural us u 4 OR. 0 19 6. Enj s rain= .r M• •n• •ti' s 1111. for the entirety of the City is urban deve ment. To accommodate this ultimate use and allow for orde s•. 1. b. plan that can reasonably accommodate urban development. For mining operations that are expected to require more than twenty (20) years to complete. he -itv Council mayappn 14 .ti• tr• O. ti ••"1 completed within twenty (20) years. The City Council shall not approve an annual operating permit for an area without an approved end use A a i ]an. 7. Removal of Buildings, Structures, and Vehicles: Within eighteen (18) months of the reclamation of each phase, all building~ structures and plants incidental to that phase ofoperationshall••.•sn.• -1111• 1• 11 .s gravel producer last operating the building, structure or plant- or the owner of the property, unless the structure or use is compatible with the anticipated ultimate use 1 1 S S.•. 11 .1 S •S 11 1 1 1 S S 1 11 permittee or the owner of the property, 8. Haul- backl\iateria•.•• 1•- .:••ti• U•• •1 111 1 11 clean and compacrahle inorganic fill that is able to support urban development to .1 i•• M•• •.111'1 1. 11•• 1. -1. 11 <4. 11 1 plan that includes the types of fill that shall he deposited, where the fill conies from, and what testingf the fill shall occur. All fill deposited within the mining operation must he able to support urban residential development. 9. Duration of Minin s i 1 1 11 of the City, the City Council shall determine the duration of the mining or ancillary use within the interim use permit. K. Annual Operating 1. L pose of theAn• 1.- u 1111'11• i•• 1111• may extend for ye: ti •1111 •.411 11 1111•.. permitis t0 rp oyid .111110 1.11 i .1;01 the mine, gather public comment on the operation, modify any permit conditions as necessary to address adverse impacts that arise from the operation, and revise the phases and /or sub- phases of the mine. The large scale mineral extraction interim use permit provides a zonin basis for the mine rovided the ci issues an annual operating permit, 2. A.12p1cation- Public Rearm. i huaaplication. public hearing, public notice and procedure requirements for annual operating permit shall he the same as those for amendments as provided in section 11 -10 -11 of this chapter, except that the permit._may he issued only on the affirmative vote of a majority of the entire council. 20 3. Area without an Fnd 1 Tse Grading Plan: The City Council shall not issue an annual on rainl?p r 1 f s 1 accommodates urban development. 4. Duration of Oder; r s 000 from January 1 throu. December 31 of the same ear or for a lesser eriod of time as he .i ounci a s 4, •n the extraction permit is to run for less than a filll year, the fee shall he prorated as determined by the Council. 5. ••-Y. ••n r•- •1 Y• established from t' 6. Inspections: The '•s•- n••• s mineral extraction permit has been issued. The operator or wner of an lar e scale mineral extraction operation found in violation of the requirements of this title or its extraction permit shall remedy such violations within the time specified by written notice from the City. 7. Financial Surety s which the excavation operation is located to post a surety with a surety acceptable to the city, cash escro performance bond or letter of creditf'gernri in an amount s 4"0O 1" the 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 comp with all the rr jpirements of this titI.Section 11 -10 -4- 1 and the articul.tr extraction •n' and to a an ex ense the ci ma incur h reason of doing al 1 a ••1 issued. The secur s n is c• one year after expir.: x r, .'on eae r. rehabilitation as well as the other requirements herein provided. The surety bond will he based on the number of acres requested within the annual renewal extr. ction permit- the amount of acres that have not been reclaimed to the end u se a innlan elevations, and an amount that can he immediately withdrawn for the special burden or lac t'••. nitiattion habiLtation -,s_ s s- 4 s rehabilitation s 8. Insurance: The permittee shall maintain general liability insurance and provide the C annu yaCe•• •s. r.• s.•• s I s I s•._ appropliateimou r Section 8. This Ordinance shall be in effect following its passage and publication. 21 Adopted this day of 2012 by the City Council of the City of Rosemount, Minnesota. By: William H. Droste, Mayor ATTEST: By: Amy Domeier, City Clerk Published in the Rosemount Town Pages the day of 2012. Large. Scale Mineral Extraction Overlay Disttiet I t 'aliizf{ F r 1 ,r r J ��ii j eau b 4 Q� 3 ,111'......°164,,,,,,%,..., 'A-4....=.51 ttj�r, sliv' t t 1�e T i {iii 0 1 11 t."' Lltit a i 4, 9, 7 01 .0....:-. I l ea lr \liiiiiiii 1 f M0:' r un i ..41-1., t "t Q; J1 i i 1 L .i V.1.0 L_____ I c 0 t t ..l I 4 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 1600 feet appraisal, survey, or for zoning verification. 's PHASING PLAN 9/28/2011 ...,.,,,E... p w 1 ROSEMOUNT I ‘I DRY MINING PHASE 1 1 a Oelt, .1 .1:' MM.," DRY MINING 1 PHASE 2 I :1 1 A a 11 /Ammo. 4,, ROSEMOUNT ROSEMOUNT i ll so FII. 'ROSEMOUNT. DRY MINING DRY MINING 4 1. DRY MINNS I PHASE 4 PHASE 3 1 PHASE S I I ROSEMONT* -I DRY NeIN 1 I ROSEI4O.INT 6 6 Ma l I DEtY MINING II 1 P 0 r us Aw- 1 PHASE 7 1 1 ROSEMOUNT 1 DRY MINING 1 1 1 PHASE 8 '7 DRY MINING 1 '1 1 1 1 i P1-IASE 11 1---- .1 .1 wil 1 1 1 ROSEMOUNT fa me Ns so DRY MINING 1 1 PHASE 9 a 1 I 1 a 1 1 ROSEMOUNT a DRY MINING 1 PHASE 10 a a ROSEMOUNT a DRY/WET MINING PHASE 5 1 '41141424141101141410111411111 ,11,11 1 1. j Oxir.. AG ic ou 1. ....y........1 49..... t. 1 0 ROSEMOUNT ROSEMOUNT 1 ROSEMOUNT ROSEMOUNT DRY/KT MINING DRYPNET miNt4G11 DRY/NET MINING ORY/v•ET MINING PHASE 4 PHASE 3 M PHASE 2 PHASE 1 1 .,..k .wi A A IS MO UM WI MI "P 4 11146 r6 -111414 1 From: LeFevere, Charlie L. [clefevere @Kennedy- Graven.com] Sent: Thursday, March 22, 2012 4:49 PM To: Zweber, Eric Eric, I understand that there has been some discussion about whether it would be more appropriate to accommodate the construction of certain uses associated with a gravel mine, such as a concrete plant, by rezoning agricultural property to an industrial zoning designation or by allowing such uses by the issuance of an interim use permit "IUP The answer to the question depends primarily on whether the city believes that an industrial zoning designation is appropriate for the indefinite future in that location. Rezoning to industrial uses has two elements that are significantly different than authorizing a concrete plant (for example) by interim use permit. The first difference is that rezoning the property to industrial would carry with it the right for the landowner to construct any use that is permitted in the industrial zone, not just concrete and asphalt plants. The second difference is that once an industrial use is constructed as a permitted use in an industrial zone, the city cannot require that use to be terminated without compensating the landowner. Taking away the ability to continue to operate a lawful use may be a legitimate zoning decision for the city to make. However, when a city requires that an existing lawful use be terminated, the city must compensate the landowner for the loss of that business. (This is based on the constitutional prohibition against the taking of property without compensation.) If the city were to rezone the property to industrial and the owner established a concrete plant, and if the City later changed the zoning of the property to residential, the city could either: 1) allow the concrete plant to continue to operate as a "grandfathered use" (i. e. a nonconforming industrial use in the residential district), or 2) require the property to be brought into compliance with residential zoning and pay the landowner for taking its business. An interim use, on the other hand, authorizes a use that is expected to have a limited duration. Therefore, because the original grant of authority to construct the use is limited to a specified period of time, or to the occurrence of a specified event, it is not a taking of private property when the city requires that use to be discontinued at that later date. Permitted uses, accessory uses, conditional uses, and all other typical uses become lawful uses of the property, and the government cannot require that they be discontinued without compensating the landowner. The allowance of a use by IUP is the only means the city has to limit the term of an allowed use without paying compensation to the landowner if the city requires it to be terminated at a later date. Let me know if you have any follow -up questions. Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337 -9215 Fax: (612) 337 -9310 clefevere @kennedy- graven.com /0 ..e-t_, ,z/ir- 4 2 7 j /7, i 4 ig,-77teje 4,Z=v7,2/ q 2 ?'i e J yl-/n ed--41-e) ,4 a-0"-_,-,,,/,-,,,,,, a,,,,d,' -1/e,ei .°6/C2`11-- R� G /C Lfi� -e `l 4/7Cti 1 (/#1% 4 4'()"e> ,Lte /(-)4-rt- _/1/L'4 '1/ ./614/ a Mt1/43-ce (l7-e,1/ C/77 a.,-e (e42/A 47‘,46)„6,-„,.._e., (7.7.x.,z),,-,. .e.ei/T"1-e-0 V a A) 4 9 e-e-e Zfre'ci I,e-tf/ --e-Ai_ A ,r_ etz-i--(~C ,,(4406/.(1//6). (d/i (24_54-> -i, ,,,,,k_i„i zetz.-- :=5,,,,,,,,z..6 ---Z; „--i-vz-4,----c--,7. e ,ff 4 i (1-',./.42 .'f-°e-:)'7-'e-2----eZe--;:el VeVC) L.?e 7,4:0 7 11 6 "4 4 Z) /beevide/1 .42,lie /4--;--(-p-e---z---7---i--2„--i...4:7--(4-- _-7--t 1 c.,'e-c-ei yi 7 i �!�Es_ 2. 7 awe `----012-eizz-cz,.<4.,>z Feb 25, 2012 TO: Eric Zweber Sir, as an over the road driver I will not be able to make the Commission meeting on Feb As my father told me many times "Son you can't stop progress As a matter of fact I like the idea of mining gravel just across County Rd 42 from our house. It will keep some more Americans working for sure. I know there will be steps taken to keep the ugliness down if you will. My main concern is the potential noise of the trucks hauling the material out. Will the city of Rosemount finally be putting up signs on County Road 42, such as Noise Ordinance Enforced, No Engine brakes, No Jake Brakes, etc? If so will these matters be enforced by our local Police? As a truck driver with over 3 million miles of safe driving under my belt, I only use my engine brake when going down steep mountain roads. In my opinion if an engine brake is used on flat roads it is because the truck is probably going too fast for conditions. But some of the new drivers that have never been in a truck in the mountains will argue this fact. They seem to love the noise an unmuffled truck with a Jake Brake makes. I can assure you my wife our neighbors and myself do not like this noise. When Mayor Droste was campaigning those years ago, he came to our door. He and I talked about just this matter. He said if he became Mayor it would be looked into. I guess it never was but I sure hope it will be now. Thank you in advance for looking into this matter. Res ectfully, John and Karen Woolery 14682 Bloomfield Way, Rosemount, Mn 55068. jiasemountl Zweber, Eric From: Johnson, Dwight Sent: Monday, February 27, 2012 8:33 AM To: Lindquist, Kim; Zweber, Eric Subject: FW: Upcoming public hearing re UMore gravel mining Comment on gravel mining received over the weekend. Dwight From: V Larry Smith [mailto:vlarrysmith1@cox.netj Sent: Sunday, February 26, 2012 1:22 PM To: Rosemount City Council user Subject: Upcoming public hearing re UMore gravel mining I am out of state and not fully tuned in to reports on this issue, but I am concerned with what I see regarding this proposed gravel mining operation. It appears that it is a foregone conclusion that Rosemount is going to approve a zoning amendment to allow this operation. The following is reportedly a quote from Rosemount senior planner Eric Zweber, "Once the ordinance amendment is approved Dakota Aggregates will be able to apply for a mining permit..." This cannot be in the best interest of the residents of this city. We need to move away from the "gravel truck central" image of the past. Rosemount is no longer a little country burg. It has become a major suburban city and, as such, needs to prevent this type of operation. The traffic alone will choke 42 and we know from past experience that the drivers will find alternate routes which will create additional safety issues in our town. Please listen to the residents of this city and disallow this operation. Thanks, V. Larry Smith 1 36 T5 cizossmoog cr. A Notes or City meeting UMore Mining Project 2 -28 -2012 Dust is a major concern o Even though there will be dust reduction measures in place, they will only be in place "whenever possible" (see tabbed document) and this is not good enough if they are the V 41931-6 1 l same that Fischer Aggregate has in place along Highway 46 (Cobblestone neighborhood) /m %f*i'l o The dust will carry for miles, which is common in limestone mining. With limited mett6litte physical barriers, this dust will travel freely until the wind is disrupted by the homes in turP toe tit its path. ex a 1` C o The berm is essential however, 10 feet is not high enough along Highway 42 due to the y aet elevation change along 42 at Auburn Avenue. ai V 01 The berm should be a minimum of 20 to 30 feet high due to the height of the homes The burm should be made of a harder aggregate and be porous to disrupt wind flow over the bermming, they are mining limestone after all and the resource is obviously in abundant supply This will help also help create a rough filter to trap surface level dusts and will last a lot long than vegetation that will die o This berm should be installed around the mining site itself and not along Highway 42, which is too far away from the site o Prevailing winds appear to be from the Southeast to the Southwest, as identified in the 2005 document regarding Pine Bend (see tabbed document). We have probably all experienced the dustbowl in Apple Valley along Highway 42 and Highway 46 by Target during the summer when southerly winds increase. o The dust that is possible will create problems for homeowners including: Furnace filter replacement more frequently Dust and dirt being required to be washed off of homes and out of windowsills Quicker degradation of windows and siding Certain high wind days will create an exterior environment outside the home that will not be able to be enjoyed with the children in the neighborhood We will not be able to open our windows either on a nice breezy spring day This also leads to higher energy costs Traffic and Noise o Normal street noise is considered to be about 70 decibels (which corresponds with the statements, see the tabbed document /article) o Washing and crushing is estimated at 65 decibels once it reaches the homes along Highway 42, however this noise will be constant during all operating hours of the factory, and: This will be especially bothersome if 24 -hour operation is approved. Since there is limited traffic during the evening hours, we will be able to hear this with open windows. o Truck traffic will add 262 truck trips a day to Highway 42 (see tabbed document) This equates to a truck passing our homes every 2.74 minutes at a decibel level of 90 decibels. It is a proven fact that noises at or above 90db regularly causes ear damage. (see tabbed document) The increase in truck traffic will degrade Highway 42 at a faster rate, which in turn costs more tax money. The dust and dirt from the trucks will cause problems for motorists and homeowners alike with added load dust and mud on roads from trucking after rain. o I think I can speak for all homeowners along Highway 42 that we would like all truck traffic routed to Highway 46, away from residential areas. This would allow for Highway 46 upgrades as necessary and not impede current traffic patterns on Highway 42, which can be dangerous enough without the additional truck traffic. Blasting/Explosives o This has not yet been mentioned and it is a common limestone mining practice. o What are the plans for blasting? o This will further disrupt residents in the area due to noise and vibrations Property values o A major concern is property values due to the fact that we will now be right next to a limestone mine UMore Development has done a market research study, where is it? Property values in the current depressed housing market have been declining enough (approximately $50,000 $60,000 /house in our neighborhood alone) and now you are putting a mining project in our backyard that will further decrease our home values due to the environmental impacts. Resale of the homes in the neighbor will become even more difficult, especially for the homes along Highway 42, since we will have a direct view of the mine and all of the byproducts of the mine, added road noise, etc. Will there be any tax relief for the residents affected by this project. o What impact do you think this mine will have on the new neighborhood next to Bloomfield up to Akron Avenue? If houses do not sell due to the location of this mine, all of the infrastructure that has been put in place by the City will sit unused and be a waste of taxpayer money. It would be pertinent to let potential home buyers know of the mining project as most will probably not know, just as I didn't when we purchased our homes. Environmental impact o I hate to bring it up, but what is the environmental impact to wildlife in the area? It is a proven fact that all wildlife will leave the area of the mine due to mining operations (i.e. dust, noise, blasting, elimination of vegetation, etc.) (see tabbed document) o Has the environmental impact been considered for wildlife? I have concerns for deer, red -tail hawks, bald eagles, geese, pheasants, turkeys, and coyotes that are known to be in the area of UMore park, right next to Highway 42 south of my home Additional questions o What economic impact will this operation have on the City? o How does the noise impact any noise ordinance the City already has? o Would you put this mine next to a school? Or build a school next to this mine? If not: Why would anyone want to live in these neighborhoods or buy a house in these neighborhoods knowing that mining is going to start and last for 40 years? o We want to see the City stand up for the people who live here and protect the interest of the people who live here. You have had your concerns over this project as it has been published in the paper. From: Jordan Millington f mailto :jordanmillingtoragmail.coml Sent: Friday, March 09, 2012 2:40 AM To: Rosemount Mayor Cc: jordanmillingtonnagmail.com Subject: umore mining article response There was a recently published article online about mining taking place at UMore in the future. This is my response to that article. I don't have a problem with the mining at UMore. I'm sure it will become a big deal soon, when all of the people who believe in global warming start speaking their opinion on it. I have no problem with them speaking their opinion, because that's what I'm doing here, but I simply believe they are wrong. I respect their opinions, but I don't agree with them. I am just giving them an opposing view, and hoping they will agree with me. Like when people from my church go to foreign countries and try to convert them to Christianity. It's the same concept, except church is more important. And that's not an opinion, that's a fact. Anyways, I'm sure people will say that mining here will lead to mining there, and then there will be mining everywhere. That's where I believe these people are wrong. Everybody on this planet does care about the world in which they live in. We do want our planet to be a better place, we do want gas prices to go down, we do want more people to be employed (not that this is the Great Depression), but mining in a mineral -rich area is not going to ruin our lives, especially if we can potentially make 5 million dollars a year doing so. Maybe I'm making too big of a deal out of this, but I can see arguments about the mining taking place in the future. And to quote Forrest Gump, "that's all I have to say about that." C O U N T Y Physical Development Division March 19, 2012 Lynn Thompson, Director Dakota County Eric Zweber, Senior Planner Western Service Center City of Rosemount 14955 Galaxie Avenue 2875 145th St W Apple Valley, MN 55124 -8579 Rosemount, MN 55068 -4997 952.891.7000 Fax 952.891.7031 www.dakotacounty.us Environmental Mgmt. Department Dear Mr. Zweber, Office of GIS Parks and Open Space Department Thank you for the opportunity to comment on the City of Rosemount's Surveyor's Office proposed Large -Scale Mineral Extraction Text Amendment. Transit Office Transportation Department Water Resources Department Because of the history of the Large Scale Mineral Extraction Overlay District as part of the Gopher Ordnance Works and the Rosemount Research Center, we recommend that the City consider some additional language in the proposed Text Amendment. Dakota County Ordinances have been mentioned in several of these comments. Our ordinances are posted on Dakota County's website at this link: http:/ /www.co.dakota.mn.us /Lawiustice /Ordinances /default.htm If there are questions or concerns about our comments, please contact David Swenson, Dakota County Water Resources Director at 952 891 -7554. Sincerely, Lynn Thompson, Director Physical Development Division Cc: Commissioner Willis E. Branning, District 7 Brandt Richardson, County Administrator Printed on recycled paper with 30% post consumer waste. AN EQUAL OPPORTUNITY EMPLOYER ROSEMOUNT LARGE -SCALE MINERAL EXTRACTION TEXT AMENDMENT Comments from Dakota County Water Resources staff 11- 10 -4 -1 D. Review Process b. Environmental Impacts The land within the proposed Large Scale Mineral Extraction Overlay District is a Formerly Utilized Defense Site, the Gopher Ordnance Works. Therefore, there are portions of the mining area where prior land use indicates a possibility of contaminated soil. We recommend that the City add the following language to the amendment: If contamination is found, the property owner and the mine operator risk becoming responsible parties if contamination is disturbed and not addressed in accordance with Federal and State laws, and Dakota County Ordinance No. 110. Asbestos containing materials (ACMs) are also a potential concern at this site because of their ubiquitous use at Gopher Ordnance Works and because of the potential hazard to workers and residents that could be presented by ACMs in mining generated dust. The phased nature of the planned extraction activities will allow for a correspondingly phased approach to investigating and remediating any contamination on the site in accordance with Minnesota Superfund (Minnesota Environmental Response and Liability Act or MERLA) and Formerly Used Defense Sites requirements. We recommend that the City add the following language to the amendment: To minimize potential risks to mine workers, City residents, and the environment, if contamination is found, it will be reported immediately to the Minnesota Pollution Control Agency (MPCA) and Dakota County, and it will be investigated and remediated or enrolled into the MPCA's Voluntary Investigation and Cleanup program before excavation begins. E. Application Requirements The ordinance amendment is not clear about what is regulated by the site -wide mining permit and what is regulated by the annual operating permit. This should be clarified and perhaps, within the ordinance, the terms of the annual operating permit could be moved to follow the Application Requirements. The ordinance is also unclear about whether the maximum mining operations area is intended to be 80 acres or 160 acres. The ordinance should also be clarified as to how property transfers would be handled. The District currently has a single property owner but this cannot be assumed to be true throughout the whole period of proposed mining activity. We recommend that the City add the following language to the amendment: Mining permits and annual operating permits are not transferable. E. 8 b. Reclamation Plan 2) Proposed fill activity We recommend that the City add the following language to the amendment: To comply with Dakota County Ordinance No. 110, any fill brought to the site must be clean: free from debris, asbestos, or chemical contamination. Compliance with this requirement is especially important in the Large Scale Mineral Extraction Overlay District because of the District's proposed future use for agricultural and residential purposes, and because of the potential for contaminating groundwater within the City's Drinking Water Source Management area. The minimally contaminated fill materials the MPCA describes as "unregulated fill" are not clean, as defined in the preceding paragraph and would not be permissible in this area because of the proximity to groundwater and the future agricultural or residential land uses. The City of Rosemount might consider requiring documentation of the source of any fill used in the Large Scale Mineral Extraction Overlay District, including any environmental site assessments, analytical data, and findings from the fill source. G. Ancillary Uses Accessory and ancillary uses must be conducted in accordance with all federal, state, and local regulations. G. 2. b. Asphalt Production 8) Waste Byproducts We recommend that the City add the following language to the amendment: Hazardous wastes must be managed in accordance with Dakota County Ordinances No. 110 and 111, as well as federal and state regulations. H. Performance Standards 15. Topsoil We recommend that the City add the following language to the amendment: If contamination is found, the property owner and the mine operator risk becoming the responsible parties if contamination is disturbed and not addressed in accordance with Federal and State laws, and Dakota County Ordinance No. 110. Asbestos containing materials (ACMs) are a potential concern at this site because of their ubiquitous use at Gopher Ordnance Works and because of the potential hazard to workers and residents that could be presented by ACMs in mining generated dust. We recommend that, in general, contaminated soil be managed in the following ways: Contaminated soil that is not disturbed may remain in place if it meets the appropriate state Soil Reference Value and petroleum criteria. A County solid waste disclosure form must be recorded with the property records. Contaminated soil that is disturbed but will remain on the property must meet appropriate SRV and petroleum criteria, and exposures must be limited as required by the MPCA. A property disclosure is also required for contaminated soil that will remain on site. Contaminated soil that is excavated and removed from the property must be managed at a permitted /licensed solid waste facility, such as a landfill. We recommend that the City add the following language to the amendment: If the land is to be returned to agricultural use, the City of Rosemount will determine the appropriate thickness of top soil and soil that will be needed. I. Special Requirements 3. Gravel Production and Phasing The phased nature of the planned extraction activities will allow for a correspondingly phased approach to investigating and remediating any contamination on the site in accordance with Minnesota Superfund (MERLA) and Formerly Utilized Defense Site requirements. As in earlier sections, we recommend that the City add the following language to the amendment: To minimize potential risks to mine workers, City residents, and the environment, if contamination is found, it will be reported immediately to the MPCA and Dakota County, and it will be investigated and remediated or enrolled into the MPCA's Voluntary Investigation and Cleanup program before excavation begins. In addition, the City might consider requiring that an Environmental Contingency Plan be approved by the City and the County prior to the beginning of excavation activities. J. Reclamation, Restoration, and Rehabilitation 8. Haul -back Materials The comments in E.8.B 2, above, regarding fill materials also apply to haul -back materials. We recommend that the City add the following language to the amendment: In accordance with Dakota County Ordinance No. 110, any fill brought to the site must be clean: free from debris, asbestos, or chemical contamination. Compliance with this requirement is especially important in the Large Scale Mineral Extraction Overlay District because of the District's proposed future use for agricultural and residential purposes, and because of the potential for contaminating groundwater within the City's Drinking Water Source Management Area. The minimally contaminated fill materials the MPCA describes as "unregulated fill" are not clean and would not be permissible in this area because of the proximity to groundwater and the future agricultural or residential land uses. The City of Rosemount might also consider requiring documentation of the source of any haul back materials, including any environmental site assessments, analytical data, and findings from the fill source. Eric, Thank you for meeting with me yesterday. Since we did not have time to cover all my questions I have included them in this email. I did not see language in the Ordinance regarding the requirements for street sweeping. Section E -8 -2 (New 2.5)Proposed fill below the water table must be material that originated from the site that has been sampled for contaminants of concern determined by the City of Rosemount and Dakota County and are clean: free from debris, asbestos or chemical contamination Section E -8 -b -5 We agreed that item 5.) Groundwater monitoring plan should be a moved and you suggested moving it down to number 9. In place of this I would like Section E -8 -b -5 to read "Soil test results from the proposed fill, test parameters to be determined by the city," Section E -8 -b -9 (New) Groundwater monitoring plan The gravel mine applicant must design a groundwater monitoring plan that establishes a baseline of groundwater quality in a monitoring well network consisting of wells completed in the unconsolidated, Prairie du Chien and Jordan Aquifers prior to mining activities. The city must approve of the plan prior to well installation. The test results must be submitted to the City prior to mining activities. The list of parameters to be analyzed for, but not limited to are: pH, temperature, conductivity, dissolved oxygen, chloride (Laboratory method detection level at least 0.1 mg /L), arsenic, volatile organic compounds, diesel range organics, nitrate, MDA List 1, MDA List2 and MDA List 3. The UMA is an agricultural research station. The University of Minnesota must disclose the Agricultural chemicals used including petroleum, fumigants, pesticides, hormones, antibiotics, etc. used historically at the site and test for them in the monitoring well network. Section E- 8 -b -10. (New) Surface Water Monitoring Plan Prior to mining the first phase that will be part of the resulting lake, a surface monitoring plan will be submitted to the city for approval which will describe the frequency of water sampling and sampling parameters. Section E- 8 -Aa -6 (New) Characteristics of reclamation soils needed to restore the site including volume, origins, historic land use, physical and chemical characteristics. Section E- 8 -b -10 (New) Map of the location of any and all existing wells including the construction information of all wells within 300 feet of the proposed mining boundary. What would be different about the construction requirements of the AUF if the entire proposed location of the AUF was currently in the DWMSA? Section 7 -15 U of M Agriculture experts have told me 3 feet of soil is necessary for growing corn. When a Phase is reclaimed 10 inches of topsoil and 26 inches of soil is what is necessary to return the land to growing corn. I would like the Ordinance language from "6 inches of topsoil" to "10 inches of topsoil underlain by 26 inches of soil Dakota Aggregates continues to maintain that the end use of the property will be for agricultural use and the reclamation standards are reflective of this stated use. However, it is apparent to all including the proposer and the land owner that the ultimate use will be residential and the permit must reflect this fact. Since the potential for human exposure to existing contamination or contaminants introduced to the site from the asphalt /concrete plant or mine reclamation activities is greatest in a residential use scenario, the unresolved matter of existing contamination and control of introduced contamination must be addressed. Section G -2 -b -8 add definition of "Waste By products" to list of definitions should include all process water, gravel wash water, truck wash etc. Section G- 2- b- 11 -e -4 Ratio of Aggregate Processing I do not agree with limiting the amount of recycled aggregate product to 30% in order to have the mine close sooner. Section G -2 -e -5 (new) Runoff from recycle piles must be collected and fines and sediments sampled for contaminants of concern and managed appropriately. Section H -4 -b I believe the word "hours" is missing after "twelve (12)" Section H -7 -9 Can we change the last sentence from "...treated with a dust retardant on a regular basis..." to "...treated with a dust retardant as needed..." Section H -7 -13 What MDH regulations are applicable? Section H -7 -15 U of M Agriculture experts have told me 3 feet of soil is necessary for growing corn. When a Phase is reclaimed 10 inches of topsoil and 26 inches of soil is what is necessary to return the land to growing corn. I would like the Ordinance language to from "6 inches of topsoil" to "10 inches of topsoil underlain by 26 inches of soil Section J -8 Haul -back Materials and Operations The types of sites that fill material can be derived from are limited to agricultural and residential that have not history of environmental concerns. Fill is not allowed from industrial or commercial sites. I cannot find a definition in the City's ordinances for clean fill so let's use this one. Clean fill as defined as uncontaminated natural earthen materials such as soil, sand and gravel. MEMO TO: Eric Zweber, City Planner of the City of Rosemount FROM: Dakota Aggregates, LLC DATE: March 23, 2012 RE: Status Update re Comments of Dakota Aggregates, LLC re City of Rosemount Large Scale Mineral Extraction Ordinance Section 1. Background. At the Tuesday, March 13, 2012 Planning Commission meeting, Dakota Aggregates, LLC (Dakota Aggregates) proposed written modifications to the draft City ordinance dealing with large scale mineral extraction overlay district (the ordinance). A number of the items raised by Dakota Aggregates have been addressed in the most recent draft of the ordinance that the City Planning staff is submitting to the Council for the March 27, 2012 meeting. The purpose of this memo is to identify items that require more clarification and explanation or items where there are still disagreements. 1. Subpart (H)(16). Dakota Aggregates suggests language whereby the Council, at the time of the interim use permit, could lessen the height requirement of screening trees on a berm if the applicant provided off site screening approved by the Council. Dakota Aggregates asks that the following sentence be included in subpart (H)(16): In the interim use permit, the Council may lessen the zoning ordinance requirements for the height of screening trees on a berm if the permit holder agrees to make other accommodations for offsite landscaping as approved by the Council. The Council should have the flexibility at the time of permit issuance to lessen the height requirement if the applicant has a reasonable plan for off -site screening which presumably will benefit the neighbor's property and over which the Council will have ultimate approval. 2. Subpart (J)(2) And Subpart (J)(3). The version provided by the City Planning staff to the Planning Commission for the March 27, 2012 meeting reads as follows: 1 2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation grade as determined by the City shall be established within the entire designated right -of -way width for the appropriate roadway classification. Within twenty four (24) months of receipt of written notice from the City that the collector or arterial right -of -way is needed for either roadway and /or utility construction, the permittee will complete mining within that right -of -way and reclaim the right -of -way to the grades approved within the Interim Reclamation Plan. The City Council may within the interim use permit provided a minimum period of time such that the operator will have mine before the twenty four (24) month advance can be given. 3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice from the City that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the Interim Reclamation Plan. The City Council may within the interim use permit provided a minimum period of time such that the operator will have mine before the twenty four (24) month advance can be given. Dakota Aggregates suggests the following: 2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation grade as determined by the City shall be established within the entire designated right -of -way width for the appropriate roadway classification. Within twenty four (24) months of receipt of written notice from the City that the collector or arterial right -of -way is needed for either roadway and /or utility construction, the permittee will complete mining within that right -of -way and reclaim the right -of -way to the grades approved within the Interim Reclamation Plan. The City Council may within the interim use permit provide a minimum period of time such that the operator will have a reasonable opportunity to mine before the twenty four (24) month advanced notice can be given. Prior to the notice, the collector and arterial roadways and utility construction shall be shown on the City's Comprehensive Plan and shall be identified in the City's Capital Improvement Program. 2 3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice from the City that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the Interim Reclamation Plan. The City Council may within the interim use permit provide a minimum period of time such that the operator will have a reasonable opportunity to mine before the twenty four (24) month advanced notice can be given. Prior to the notice, the trunk utility lines shall be shown on the City's Comprehensive Plan and shall be identified in the City's Capital Improvement Program. Dakota Aggregates seeks to clarify that the collector and arterial roadways and the trunk utility lines will have first been analyzed and examined through the deliberative process of the City's Comprehensive Plan and the City's Capital Improvement Program before the City gives notice to Dakota Aggregates that the mining plan has to be altered to accommodate such facilities. 3 MODIFICATIONS REQUESTED BY DAKOTA AGGREGATES, LLC TO CITY OF ROSEMOUNT DRAFT ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION OVERLAY DISTRICT (March 13, 2012) MEASUREMENT OF DISTANCES Throughout the ordinance, there are references to setbacks for mining and setbacks for ancillary uses, as well as performance standards (such as those relating to dust, odors, noise, air emissions and lighting) that reference various distances. There is no consistency with respect to how these physical distances are measured. Some of the sections relate to a distance from the "lot line" and other sections relate to the "property line" and other sections relate to the "site line What is meant by lot? What is meant by site? As we know, the property is not platted so there are not defined lots in the traditional sense. Every time there is a reference to a distance it should be to the "property line" of the overall property identified in the EIS. 2 SUBPART E(8)(D) Rosemount Staff Version: 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 structures 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. Dakota Aggregates Proposed Version: d. Within eighteen (18) months after the termination of long term mineral extraction operations or within twelve (12) eighteen (18) months after the expiration of the annual extraction permit provided by this section, the applicant or owner shall dismantle buildings and structures 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 and remove stockpiles. 3 SUBPART (F) Rosemount Staff Version: F. Accessory Uses: Within a large scale mineral extraction operation, the following uses are customarily incidental to its operation and do not require a separate permit 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. Offices associated with the mining operation and ancillary uses. 4. Truck Washing. 5. Minor Vehicle and Mining Equipment Maintenance. Dakota Aggregates Proposed Version: F. Accessory Uses: Within a large scale mineral extraction operation, the following uses are customarily incidental to its operation and do not require a separate permit 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. Offices associated with the mining operation and ancillary uses. 4. Truck Washing. 5. Minor Vehicle and Mining Equipment Maintenance. 6. Stockpiling. 7. Storage of machinery used daily in the extraction area. 4 CONTINUATION OF ANCILLARY USES AFTER MINING IN ROSEMOUNT HAS CEASED With regard to the ancillary uses stated in Section 11- 10- 4- 1(G)(2) (e.g. concrete production, asphalt production, maintenance facility and casting yard), the language states that such facilities "may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section We need to address the situation where mining in Rosemount has ceased, but mining in Empire Township continues with Dakota Aggregates using the auxiliary uses in Rosemount for the duration of the mining in Empire Township. The language should be modified to read: "A facility for (insert ancillary use) may be allowed (a) on a site that has an approved large scale mineral extraction permit in compliance with this section or (b) in conjunction with large scale mineral extraction occurring in an adjoining municipality for which the adjoining municipality has granted approval provided the facility was originally granted an interim use permit in conjunction with large scale mineral extraction in the City of Rosemount 5 SUBPART G(2)(A)(2) Rosemount Staff Version: 2) Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete plants, each concrete plant shall have its own separate interim use permit. The primary ready mix concrete plant shall have the equipment enclosed within a building. One or more secondary unenclosed portable ready mix concrete plant may be permitted for a period of up to eighteen (18) months provided that the primary ready mix concrete plant enclosure is complete or a building permit for the primary ready mix concrete plant enclosure has been issued and continuous construction of the enclosure occurs. Secondary ready mix concrete plants may continue to be permitted following the completion of the enclosed primary plant. Dakota Aggregates Proposed Version: 2) Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete plants, each concrete plant shall have its own separate interim use permit. The primary ready mix concrete plant shall have the equipment enclosed within a building except for silos and conveyors. One or more secondary unenclosed portable ready mix concrete plants may be permitted for a period of up to eighteen (18) months provided that the primary ready mix concrete plant enclosure is complete or a building permit for the primary ready mix concrete plant enclosure has been issued and continuous construction of the enclosure occurs. Secondary ready mix concrete plants constructed prior to the primary plant may continue to be permitted following the completion of the enclosed primary plant and additional secondary ready mix concrete _plants may be constructed and continued to be permitted after construction of the enclosed primary ready mix concrete plant is complete. 6 SUBPART (G)(D) Rosemount Staff Version: d. Casting Yard: A facility for the manufacturing of precast concrete products may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. The casting of the concrete products shall occur within a building while the curing of the products may occur outdoors. The construction and design of a casting yard that will exist longer than ten (10) years shall comply with site, lot, and building standards within Section 11 -4 -16 Paragraphs F and G. Dakota Aggregates Proposed Version: d. Casting Yard: A facility for the manufacturing of precast concrete products may be allowed on a sitc that has an approved compliance with this section (a) on a site that has an approved large scale mineral extraction permit in compliance with this section or (bJ in conjunction with large scale mineral extraction occurring in an adjoining municipality for which the adjoining municipality has granted approval provided the facility was originally granted an interim use permit in conjunction with large scale mineral extraction in the City of Rosemount. The casting of the concrete products shall primarily occur within a building while the curing of the products may occur outdoors. The construction and design of a casting yard that will exist longer than ten (10) years shall comply with site, lot, and building standards within Section 11 -4 -16 Paragraphs F and G. 7 SUBPART (G)(2)(E)(4) Rosemount Staff Version: 4) Ratio of Aggregate Processing to Recycled Aggregate Products Production: To maximize the use of mined aggregate material and minimize importing of material transported from outside the associated gravel mine, a ratio of aggregate processing to recycled aggregate product processing shall be established within the interim use permit. The ratio shall have a minimum of seventy percent (70 aggregate processing and a maximum of thirty percent (30 recycled aggregate product manufacturing. The actual production ratio shall be reported to the City on an annual basis. Dakota Aggregates Proposed Version: 4) Ratio of Aggregate Processing to Recycled Aggregate Products Production: To maximize the use of mined aggregate material and minimize importing of recycled material transported from outside the associated gravel mine, a ratio of aggregate processing to recycled aggregate product processing shall be established within the interim use permit. The ratio shall have a minimum of seventy percent (70 aggregate processing and a maximum of thirty percent (30 recycled aggregate product manufacturing processing. The actual production ratio shall be reported to the City on an annual basis. The ratio shall be based on tonnage sales and the actual tonnage sales shall be reported to the City on an annual basis. 8 SUBPART (H)(4) Rosemount Staff Version: 4. Height: a. The height of all equipment, stockpiles, and all other operations, except those described in subsection b and c below, 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. b. The conveyors to construct the sixty (60) feet tall material stockpiles may be installed at a maximum of seventy (70) feet in height provided that the conveyors are not installed more than twelve (12) before operation to construct the stockpile and the conveyors are lower below sixty (60) feet within twelve (12) hours of completing the stockpile. c. The floating dredge shall not exceed seventy five (75) feet in height. Dakota Aggregates Proposed Version: 4. Height: a. The height of all equipment, stockpiles, and all other operations, except those described in subsection b and c below, 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. b. The conveyors to construct the sixty (60) feet tall material stockpiles may be installed at a maximum of seventy (70) feet in height. provided that the conveyors and the conveyors are lower below sixty (64) feet within twelve (12) hours of completing the stockpile. c. The floating dredge shall not exceed seventy five (75) feet in height. 9 SUBPART (H)(5) Rosemount Staff Version: 5. Appearance, Screening, and Berming: The mining shall be screened from any public right -of -way or urban development through a combination of existing stands of trees, berming and installed landscaping. a. Existing Tree Stands: The preferred method of screening the mining operation is the maintaining existing stands of trees that would provide a level of at least ninety percent (90 opacity. If the stand of trees does not provide ninety percent (90 opacity, then additional landscaping shall be installed to provide ninety percent (90 opacity. An annual opacity audit of the tree stands shall be conducted and dead vegetation shall be removed and additional landscaping shall be installed maintain ninety (90 opacity. b. Berms shall be constructed in areas where the existing tree stands do not exist. The berms shall be at least ten feet in height measured from the toe of the berm or from the fog line of the existing public road, whichever results in the greatest height of the berm. Dakota Aggregates Proposed Version: 5. Appearance, Screening, and Berming: The mining shall be screened from any public right -of -way or urban development through a combination of existing stands of trees, berming and installed landscaping. a. Existing Tree Stands: The preferred method of screening the mining operation is the maintaining existing stands of trees that would provide a level of at least ninety percent (90 opacity. If the stand of trees does not provide ninety percent (90 opacity, then additional landscaping shall be installed to provide ninety percent (90 opacity. An annual opacity audit of the tree stands shall be conducted and dead vegetation shall be removed and additional landscaping shall be installed maintain ninety (90 opacity. The methodology for the opacity measure shall be taken in the summer from the shoulder of any public road from eye -level and downward. b. Berms shall be constructed in areas where the existing tree stands do not exist. The berms shall be at least ten feet in height measured from the toe of the berm or from the fog line of the existing public road, whichever results in the greatest height of the berm. 10 SUBPART (H)(16) Rosemount Staff Version: 16. 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. b. The public view and right -of -way side of berms that are planned to exist longer than fifteen (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 of final grade being established. Additional seeding shall be applied as needed until the vegetation has been established. e. The City may require cover over areas that have remained undisturbed for more than twelve (12) months if it is determined that these areas generate airborne dust particles. Dakota Aggregates Proposed Version: 16. 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. b. The public view and right -of -way side of berms that are planned to exist longer than fifteen (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. In the interim use permit, the Council may lessen the zoning ordinance requirements for the height of screening trees on a berm if the permit holder agrees to make other accommodations for offsite landscaping as approved by the Council. c. Berms that are planned to exist less than 15 years shall be landscaped with a standard MNDOT ROW mix. 11 d. All areas reclaimed shall be seeded with a City approved seed mix within fourteen (14) days of final grade being established. Additional seeding shall be applied as needed until the vegetation has been established. e. The City may require cover over areas that have remained undisturbed for more than twelve (12) months if it is determined that these areas generate airborne dust particles. 12 SUBPART (H)(10) Rosemount Staff Version: 10. Dust Control: 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 matter generated by the excavation shall not exceed air pollution standards established by the Minnesota Pollution Control Agency. On high wind days, the Community Development Director may require that the mineral extraction operation cease operations to eliminate additional dust generation. Dakota Aggregates Proposed Version: 10. Dust Control: 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 matter generated by the excavation shall not exceed air pollution standards established by the Minnesota Pollution Control Agency. On high wind days days of high wind, as defined by the National Oceanic and Atmospheric Administration's National Weather Service, the Community Development Director may require that the mineral extraction during the time of high wind the dry mining operation cease operations to eliminate additional dust generation. 13 SUBPART (H)(18) Rosemount Staff Version: 18. Lighting: Any lighting shall be shielded to prevent lights from being directed at traffic on a public road in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings or streets. Dakota Aggregates Proposed Version: 18. Lighting: Any lighting shall be shielded to prevent lights from being directed at traffic on a public road in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not directly illuminate any adjacent properties, buildings or streets. 14 SUBPART I(3) AND SUBPART J(1) Rosemount Staff Version: 3. Gravel Production and Phasing: a. A phasing plan must be prepared that 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 operation shall not be issued until at least seventy percent (70 of the previous phase of operations has been rehabilitated according to an approved comprehensive reclamation plan. 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 one hundred and sixty (160) acres at one time. J. Reclamation, Restoration, and Rehabilitation: 1. Phased Operation: To ensure that the mine is reclaimed in a timely and orderly manner, the mining operation shall be divided into phases of no more than eighty (80) acres per phase. The mine shall not proceed to the next phase until the previous phase is stabilized, reclaimed and re- vegetated. The phase may be further divided into sub phases to ensure that no more than a total of one hundred sixty (160) acres of mining is open and that no more than eighty (80) acres are open in any single area. Dakota Aggregates Proposed Version: 3. Gravel Production and Phasing: a. A phasing plan must be prepared that limits operations to a maximum ar a of eighty (80) acres per phase of operations. two (2) or subsequent phases of a mineral extraction operation shall not be issued 15 until at least seventy percent (70 of the previous phase of operations has been rehabilitated according to an approved comprehensive reclamation plan. eb. No mineral extraction permit shall authorize extraction operations for dry mining to be conducted in more than two (2) phases 80 acre areas of an extraction operation concurrently. dc. No mineral extraction permit for dry mining shall authorize extraction to be conducted on more than one hundred and sixty (160) acres at one time. J. Reclamation, Restoration, and Rehabilitation: 1. Phased Operation: To ensure that the mine is reclaimed in a timely and orderly manner, the dry mining operation shall be divided into phases of no more than eighty (80) acres per phase. The mine shall not proceed to the next phase until the further divided into sub phases o- ensure that no ITIerc the a total of one hundred sixty (160) acres of mining is open and that no mer-c than eighty (80) acres are open in any single arca. 16 SUBPART (J)(2) AND SUBPART (J)(3) Rosemount Staff Version: 2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation grade as determined by the City shall be established within the entire designated right -of -way width for the appropriate roadway classification. Within twenty four (24) months of receipt of written notice from the City that the collector or arterial right -of -way is needed for either roadway and /or utility construction, the permittee will complete mining within that right -of -way and reclaim the right -of -way to the grades approved within the Interim Reclamation Plan. 3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice from the City that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the Interim Reclamation Plan. Dakota Aggregates Proposed Version: 2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation grade as determined by the City shall be established within the entire designated right -of -way width for the appropriate roadway classification. Within twenty four (24) months of receipt of written notice from the City that the collector or arterial right -of -way is needed for either roadway and/or utility construction, the permittee will complete mining within that right -of -way and reclaim the right -of -way to the grades approved within the Interim Reclamation Plan, provided that at the time of the interim use permit, the City identifies the rights of way subject to this section and further provided that at the time of the interim use permit the City determines a reasonable period of time that the permittee will have available prior to the twenty four (24) month notice to mine the areas of the proposed right of way. 3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice from the City that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the Interim Reclamation Plan, provided that at the time of the interim use permit, the City identifies the trunk utility easements subject to this section and further provided that at the time of the interim use permit the City determines a reasonable period of time that the permittee will have available prior to the twenty four (24) month notice to mine the areas of the proposed trunk utility easements 17 SUBPART (K)(7) Rosemount Staff Version: 7. 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, in favor of the city, conditioned to pay the city the 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 title 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 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 based on the number of acres requested within the annual renewal extraction permit, the amount of acres that have not been reclaimed to the end use grading plan elevations, and an amount that can be immediately withdrawn for the special burden of street repair or to replacement insufficient landscaping. Surety for unfulfilled mitigation measures will be determined and a security will be required as long as the mitigation measures are not completed. Dakota Aggregates Proposed Version: 7. 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, performance bond or letter of credit "security in an amount and source determined by the council, in favor of the city, conditioned to pay the city the 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 Vie- Section 11- 10 -4 -1 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 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 based on the number of acres requested within the annual renewal extraction permit, the amount of acres that have not been reclaimed to the end use grading plan elevations, and an amount that can be immediately withdrawn for the special burden of street repair or to replacement-insufficient landscaping. Surety for unfulfilled mitigation rehabilitation measures will be determined and a security will be required as long as the mitigation rehabilitation measures are not completed. 18 SPECIFIC COMMENTS The following comments relate to specific items contained in the subparts of Section 11- 10 -4 -1. 1. Section 11- 10 -4 -1 (K) imposes the requirement of an annual operating permit. The defined term is Annual Operating Permit. This permit is referred to throughout the ordinance. About 20 to 30 times it is referred to as the Annual Excavation Permit and about 5 to 6 times it is referred to as the Annual Operating Permit. Only the defined term should be used, namely, the Annual Operating Permit. 2. Subpart (C) contains a definition of "mining buffer setback This definition references a distance from a "lot The reference should be to the property line of the overall property identified in the EIS. 3. Subpart (G) in the introductory paragraph states that certain facilities generate issues, nuisances and adverse land impacts beyond the scope of the operation itself. The language should be modified to state that these facilities "could" generate issues, nuisances, etc. 4. The language in Subpart (G)(1) that an interim use permit is "within the discretion of the City Council" seems unnecessarily self serving to the City. The language should be "within the discretion of the City Council under law 5. Subpart (G)(2)(a) deals with the ancillary use of a concrete plant. The setback is twice the height of the plant or the applicable set back under the code, whichever is greater. The setback is measured from the "property line We assume the "property line" is the boundary of the overall property identified in the EIS. 6. Subpart (G)(2)(b) deals with asphalt plants. The setback is measured from the "property line We assume the "property line" is the boundary of the overall property identified in the EIS. 7. Subpart (G)(2)(b)(8) dealing with waste byproducts speaks about a prohibition of not allowing discharge beyond the boundaries of the "lot The reference should be to the "property line" which is the boundary of the overall property identified in the EIS. 8. Subpart (G)(2)(b)(9) deals with odors from the asphalt plant and states that odors cannot be detectible "beyond the lot line of the site on which such use is located What is the "lot line The reference should be to the "property line" which is the boundary of the overall property identified in the EIS. 9. Subpart (G)(2)(c) deals with the maintenance facility. Setback requirements relate to the "lot The reference should be to the "property line" which is the boundary of the overall property identified in the EIS. 19 10. Subpart (G)(2)(d) deals with pre -cast concrete products. Again, the setbacks deal with the "lot What is the "lot The reference should be to the "property line" which is the boundary of the overall property identified in the EIS. 11. Subpart (I)(2) deals with haul roads which (in the language of the ordinance) are the public roads that will be used to transport material to the property as well as from the property. In the industry, the term haul roads usually refers to the internal private roads and the term "haul route" usually refers to the external public roads. The terminology in this section should conform to the industry use of these terms. 20