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HomeMy WebLinkAbout5.c. SKB Environmental Request for Mineral Extraction Permit Renewal for 2012 4 ROSEMOU T EXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Date: March 27, 2012 Tentative City Council Meeting Date: April 17, 2012 AGENDA ITEM: Case 12- 04 -ME: Request by SKB Environmental for a Mineral Extraction AGENDA SECTION: Permit at the Otto Ped /Grace Kuznia Public Hearing Properties PREPARED BY: Jason Lindahl, AICP AGENDA NO. Ci• Planner ATTACHMENTS: Site Map; Draft 2012 Conditions; Mining Plan; Reclamation Plan; Sand and Gravel APPROVED BY: Mining Plan and Backfill Plan; Sand and Gravel Backfill Protocol; Groundwater Elevation Exhibit; Excerpt from the Quaternary Hydrogeology Plate from the Dakota County Geological Atlas, Applicant's Narrative. RECOMMENDED ACTION: Motion to recommend the City Council renew the SKB Environmental, Inc. Mineral Extraction Permit for 2012, subject to the terms and conditions L in the attached 2012 Draft Conditions for Mineral Extraction. SUMMARY Applicant: SKB Environmental, Inc. Property Owner(s): Otto Ped Grace Kuznia Location: 4992 145 Street East Area in acres: Ped 80 Acres, the East half along Co. Rd. 42. Kuznia 80 Acres, the West half along Co. Rd. 42. Mining area: Approximately 30 acres Comp. Guide Plan Designation: BP Business Park, MDR Medium Density Residential and LDR Low Density Residential Current Zoning: AG Agriculture The applicant, SKB Environmental, Inc., requests renewal of their existing mineral extraction permit for the properties located at 4992 145 Street East. The subject properties are owned by Otto Ped and Grace Kuznia and located approximately 1 1 /z miles east of US Highway 52 and south of CSAH 42. After reviewing the mineral extraction standards in Section 11 -10 -4 of the Zoning Ordinance, the information submitted by the applicant and City Police records staff recommends approval of this request. BACKGROUND In May 2011, the City renewed this permit with two modifications. First, the mine operator was changed from Solberg Aggregate to SKB Environmental. In 2010, Solberg Aggregate performed some grading and seeding for interim reclamation before moving to operate the Stonex /Vesterra mine on Bonaire Path. The second modification was to allow SKB Environmental to haul back clean fill to the site from construction projects of its sister company, Carl Bolander and Sons and mine down to the 840 foot elevation. According to the applicant, 27,739 cubic yards of material were removed from the pit in 2011. Mining occurred in Phase One down to the 858 foot elevation or 18 above the lowest approved elevation of 840 feet. As the Commission may recall, last year the applicant submitted a well location exhibit including static water elevation contours and an excerpt from the Quaternary Hydrogeology Plate from the Dakota County Geological Survey. These exhibits show a groundwater elevation of about 810 feet and are consistent with the information provided by the neighboring Danner mine. These documents demonstrate the mining activity does not occur within the groundwater and provides a safe distance between the bottom of the mining activity and the normal groundwater level. Given the amount of material removed and the elevation of the mining activity, no reclamation activities were performed and no material was imported to the site. The applicant anticipates their 2012 activity will remain in Phase One and above the approved 840 foot elevation. The applicant requests no modification to the existing permit for 2012. ISSUE ANALYSIS The table below details the zoning, current land use and future land use information for the surrounding properties. None of the sites are located within the current Metropolitan Urban Service Area (MUSA). It should be noted that some of the agricultural use includes associated residential uses. Surrounding Land Use and Zoning Information Direction Current Land Use Guided Land Use Zoning North Agriculture Commercial, Business Park Light Agriculture Industrial South Agriculture Medium Density Residential (west half) Agriculture Preserve Business Park (east half) East Agriculture /Mining Business Park, Medium and Low Density Agriculture Residential West Agriculture Commercial, Business Park Medium Agriculture Density Residential The Ped /Kuzma mine is accessed by a joint access road with the Danner mine on the western edge of the Ped property line. The applicant maintains a private access agreement with Danner to coordinate mining levels and allow continued access to the site. As a routine part of any mineral extraction permit renewal, staff consults with the Rosemount Police Department regarding any police activity on the site. That review found no activity for the subject property in 2011. CONCLUSION RECOMMENDATION Staff recommends renewal of the Ped /Kuznia Mineral Extraction Permit for 2012. This recommendation is based on the information submitted by the applicant, a review of police records and the findings made in this report. This recommendation is subject to the conditions outlined in the attached permit as well as the mineral extraction standards outlined in Section 11 -10 -4 of the City Code. 2 Ped- Kuznia t__`_._ a i r Y1 i M1 •-":"......e. IN l= �-7 t 1 l r 'i le C, 1 e I 1 4. T; 4 .....1 1 rc 2 7 i f a ii T I Y d t r- 4, a _Ai X E 1 A t. 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 2000 feet appraisal, survey, or for zoning verification. Mineral Extraction Permit 2012 Conditions for Mineral Extraction Permit Renewal SKB ENVIRONMENTAL, INC. (PED- KuzNIA) A. SKB Environmental, Inc. (hereinafter the "Operator shall sign a written consent to these conditions binding itself and its successors and assigns to the conditions of this permit. Otto A. Ped and Grace Kuznia (hereinafter the "Owner shall sign written acknowledgment and consent to these conditions and to issuance of this permit in the form set forth at the end of these conditions. B. The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11 -10 -04 of the City Code. C. This permit is granted for the area designated as Phase One and the western half of Phase Two as shown on the Mining Plan dated April 14, 2011 (Exhibit A, which is attached hereto). However, the applicant shall not proceed into eastern half of Phase Two without completing all reclamation requirements of this permit for Phase One. D. The term of the permit shall extend from April 17, 2012 until December 31, 2012 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $700.00 shall be paid to the City of Rosemount. E. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Operator to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. F. The final grading for the permit area shall be completed in accordance with Reclamation Plan dated April 14, 2011 (Exhibit B, which is attached hereto), or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. G. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 (CSAH 42) from the joint access between the Danner and Ped properties and the designated truck route to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH 52 to the City boundary. It shall be the Operator's responsibility to obtain easements for ingress and egress. The location of the accesses and /or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process. H. A gate must be placed at the driveway entrance that shall be secured after hours. 2012 Mining Permit SKB Environmental, Inc.. /Ped Kuznia Page 1 of 6 I. A plan for dust control shall be submitted to and subject to approval by the City. The Operator shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Operator has received 24 -hour verbal notice, the City may complete or contract to complete the clean -up at the Operator's expense. J. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. K. No topsoil shall be removed from the site and the Operator shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit A, the Phasing Plan. L. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Operator. M. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior to the issuance of the permit. That the Operator shall reimburse the City for the cost of periodic inspections by the City Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. That the Operator agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. N. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday subject to being changed by the City Council. O. The Operator shall deposit with the Engineering Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,5000.00 /acre) of active phase in favor of the City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Operator. The required surety bonds must be: 1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. 2) Satisfactory to the City Attorney in form and substance. 3) Conditioned that the Operator will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the Public Works Director or any other City officials. 4) Conditioned that the Operator will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Operator. 2012 Mining Permit SKB Environmental, Inc../Ped -Kuzma Page 2 of 6 5) The surety bond or cash escrow shall remain in effect from April 17, 2012 until July 31, 2013. P. Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. Q. The Operator shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no /100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million and no /100 ($1,000,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no /100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from April 17, 2012 until July 31, 2013. R. Processing and crushing of materials are permitted on the site in accordance with the Sand and Gravel Mining Plan and Backfill Plan dated March 2011. No additional processing or production of materials may occur on the site and construction of any ponding areas or wash plants shall require additional City Council approval and notification of adjacent property owners, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained. S. The Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Operator and the Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. T. The Operator comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. U. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing buy the City. V. The Operator shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. W. The Operator shall receive all applicable permits and follow all appropriate regulations of all federal, state, or county agencies. X. The Reclamation Plan (Exhibit B) shall be coordinated with any abutting Mineral Extraction site to insure matching conditions and final grades along any adjoining property line(s). Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and 2012 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 3 of 6 erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1) except there shall be no greater than an eight (8) percent slope from the eastern property line of the Kuznia property to the existing grade of the site to insure proper conditions for any future roads. Y. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Z. The fill area regrading and reclamation shall follow the procedures described in the Sand and Gravel Backfill Protocol dated 2011 including a bi- annual report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material. AA. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation shown on Exhibit A with haul -back, clean -fill material in accordance with the Sand and Gravel Backfill Protocol dated March 2011. In no instance shall mining occur in the groundwater aquifer. BB. The bi- annual reports submitted shall describe the quantities of material brought in, where the material came from, and the test results, including supporting analytical results of the materials. CC. Blasting or the use of explosives is prohibited in the mining of the SKB Environmental, Inc. operation. 2012 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 4 of 6 Otto A. Ped and Grace Kuznia, Minnesota residents and owners of the properties for which this permit is issued, hereby consent and agree to the issuance of a mineral extraction permit for said properties and to the imposition of the foregoing conditions. Owners further agree and consent to entry onto said properties by the City, its officers, agents, contractors and employees and by the surety of the bond issued in accordance with paragraph 0, its officers, agents, contractors and employees to take any action deemed necessary by the City to enforce and assure compliance with the conditions of this permit and law. Owners further agree that they will not bring any claims or legal actions against the City, its officers, agents, contractors or employees for damages arising out of issuance of this permit or administration or enforcement by the City of the conditions of this permit or of law. The foregoing agreements of Owners shall run with the land of said properties and shall bind the Owners, their heirs, successors and assigns. By: Otto A. Ped By: Grace Kuznia STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2012 by Otto A. Ped, Minnesota resident and property owner. Notary Public STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2012 by Grace Kuznia, Minnesota resident and property owner. Notary Public 2012 Mining Permit SKB Environmental, Inc.. /Ped Kuznia Page 5 of 6 That of SKB Environmental, Inc., the operator, hereby consents and agrees to the foregoing conditions of said mining permit. SKB Environmental, Inc. By: Its: STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2012 by of SKB Environmental, Inc., the operator. 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St. Paul, MN March 2011 1 Introduction SKB Environmental, Inc. (SKB) has entered into an agreement with Otto Ped and Grace Kuznia to operate a sand and gravel mining operation on two parcels of land on 145 Street in Rosemount, Minnesota. On -site sand and gravel resources will be excavated and otherwise prepared for off-site uses. This may include, but is not limited to: stockpiling, screening, crushing, and loading trucks. SKB is proposing to mine and prepare sand and gravel from this site for use off -site. This report has been prepared as a submittal to the City of Rosemount in order to receive all necessary approvals and licenses to operate the site. In addition, this report along with the stormwater pollution prevention plan (SWPPP) will serve as an operation manual for the site. The mining operation shall be done in accordance with this mining plan and all site licenses and permits. The site will also be reclaimed in accordance with this mining plan. In order to reclaim the site, off-site back fill will need to be brought to the site, placed, compacted, and seeded. This plan will cover all aspects of this operation. 2 Location and Access The mailing address for the Ped property (Dakota County Parcel ID of 340290001150) is: 4992 145 Street East Rosemount, MN 55068 The Kuznia property (Dakota County Parcel ID of 340290001250) does not have a mailing address listed in the Dakota County GIS database. SKB will be mining sand and gravel from the south portion of the two properties. There is an existing access road on the property boundary between the Ped property and the neighboring property to the west owned by Danner Family Limited Partnership (Danner). This access is also used by Danner to access the sand and gravel mining operation at the south portion of their property and has been used in the past by others mining sand from the Ped property. SKB is proposing to utilize and maintain this access to the sand and gravel operations on the Ped and Kuznia properties. SKB will maintain a locking gate, which will remain locked during non operating hours, on this access road and will take all necessary actions to control dust coming from trucks using this access road. In addition, SKB will ensure that the road remains passable to all truck traffic accessing the site. 3 Mining Plan The limits of the mining operation can be seen on the attached final contour drawing of the site. The final contour drawing will be revised at a later date and as needed for City of Rosemount's approval as part of SKB's annual licensing. The changes will not alter the general drainage pattern of the attached final contour drawing. SKB is proposing to mine down to a depth of 840 mean sea level (MSL) within the limits of the mining operation boundary. This depth is consistent with the Danner mining operation at the property directly to the west of the Ped Property. Mining to this depth is also supported by the attached copy of plate 5 of the Dakota County Geologic Atlas. Plate 5 shows the quaternary aquifers in Dakota County and the water table elevations. This map indicates that the water table in the area of the sand pit would be between 775 and 800 above MSL. The map is in general agreement with the water table elevations of the SKB Rosemount landfill, which was last measured at 815 in the southwest corner and the atlas map would indicate this area would be between 800 and 825 feet above MSL. SKB will survey the site on an annually. SKB will submit a copy of the survey results to the City of Rosemount each year with the appropriate biannual report to the city. In order to reclaim the site back to the final contour grades displayed on the attached drawing, SKB will need to import backfill material. The following section outlines the backfilling protocol that will be used at this site. 4 Backfill Protocol SKB will have fill material Pit delivered to the 145th Street S Pt the delivered the .iucc�.�aiiu rn w rcCiaiiii uic site to the approved final contours. The fill material will be sampled, tested, reviewed and approved prior to delivering the fill material to the site. SKB will follow the similar sampling, testing and approval process that the other sand pits in the City of Rosemount. This includes sampling and testing the material prior to its delivery to the 145 Street Sand Pit. All supporting documentation (i.e. sampling results) will be submitted to the City of Rosemount in SKB's annual report to the city. Once approved fill material is delivered to the site, the fill material will be stockpiled until an area is ready to be reclaimed (i.e. finished mining down to the 840 feet above MSL). Stockpiling of the fill material will follow all the requirements of the site SWPPP. SKB will place the backfill material in the area ready to be reclaimed and compact the backfill material. The backfill material will be placed in lifts and compacted to a density that is 90% of standard proctor. SKB will have the compacted backfill material tested for its moisture content and density to ensure that the 90% of the standard proctor has been achieved. These test results will be included in the annual report to the City of Rosemount. 5 Final Reclamation Topsoil that has been stripped from site and stockpiled will be regraded across the site. The topsoil will be placed to a depth of at least three (3) inches. SKB will establish vegetation on the site by planting a standard seed mix of grasses. 6 Reports SKB will provide the City of Rosemount with biannual reports that cover the operations taking place at the site for the previous six months. These reports shall include: Current phase being mined. Amount of aggregate removed from the site. Summary of all backfill material brought in to the site, including laboratory tests. Compaction tests for the placed backfill material. Summary of any problems and remedies that have been implemented to solve any problems identified in previous reports. Sand and Gravel Backfill Protocol 145 Street Sand Pit Ped Property Submitted To: City of Rosemount Prepared By: /SAO EIYVIRON1VENTAL SKB Environmental, Inc. St. Paul, MN March 2011 i I) G �TTI'�71s li 1 1 Introduction SKB Environmental, Inc. (SKB) is proposing to mine aggregate material from two parcels of land on 145 Street in the City of Rosemount, Minnesota. In a separate report, SKB has submitted plans for mining operations, which include the extents of its proposed mining operation. These plans call for the mining of aggregate below the proposed final reclamation contours. In order to reclaim the site as proposed, SKB has prepared this backfill protocol outlining the procedure SKB intends to follow to reclaim the site to the final contours shown in its mining operations report. 2 Backfill Material Requirements SKB will accept select backfill materials from a variety of sources in order to reclaim the site. In order to be accepted as select backfill material at the 145 Street Sand Pit (Site), SKB will ensure that the material meets the following criteria. 1. Free of debris or refuse, and other deleterious materials (i.e. tree stumps, or other vegetation), 2. Screened for a standard list of contaminates and shall be analyzed for the concentration of pollutants or otherwise hazardous constituents, 3. Have typical soil moisture density relationship for compactable soils, 4. Black dirt (i.e. topsoil) may also be accepted to supplement on -site topsoil used for site reclamation, 5. Material does not contain boulders over 10 inches in diameter, 3 Backfill Procedure SKB will require sampling and testing of all backfill material prior to delivery of the material to the Site. Once delivered to the site, the backfill material may be stockpiled until an area is ready to be reclaimed. The backfill material will be placed and compacted in lifts. The moisture and density of each lift will be taken by an independent contractor that is will perform QA /QC for the backfilling procedure. 4 Quality Assurance /Quality Control Backfilling Requirements Area Preparation 1. The area shall be graded such that there is not any standing water in the location where select backfill material is to be placed, and 2. Select backfill material shall not be placed on muddy or frozen soils. Soil Preparation 1. The select backfill material shall be conditioned (either wetted or dried) to be near its optimum moisture content as determined by the soil moisture /density curve. 2. Frozen soil shall not be compacted. Compaction 1. Select backfill materials shall be placed in loose lifts that do not exceed one foot in thickness. 2. Select backfill materials shall be compacted using equipment meant for compaction of soil. 3. The select backfill materials shall be compacted to 90% of the standard proctor density as determined by laboratory testing. If any lift does not meet this requirement, the area shall be reworked until the minimum density is achieved. Field QA /QC 1. An soil moisture /density measurement will be taken at the frequency of 1 /acre /lift 2. All soil moisture /density measurements will be taken by an independent testing firm hired by SKB. 3. The backfilled area shall be surveyed during SKB's regular site surveying. This information will be used to determine if the area has been backfilled to the correct elevation. 5 Reporting SKB will provide all information related to select backfill material accepted for use and the outcomes of all backfilling that has been completed in its biannual report to the City of Rosemount. 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SKB has attached two drawings to this application for a 2012 permit. With these two drawings, you can see that the mining principally took place in Phase 1 of the five approved phases. The lowest elevation of mining was to an elevation of 858, which is above the approved elevation of 840. Because the final mining elevation of 840 was not reached in any location, no reclamation activities were performed at the site in 2011. In addition, SKB did not import any material in 2011 for future reclamation activities. In 2012, SKB will continue to principally mine in the area designated as Phase 1 on the approved plans. SKB is not requesting any other modifications to the conditions of its 2011 mining permit, and wishes to just continue its operations for 2012 with a new permit issued by the City of Rosemount. SURFACE TO SURFACE VOLUME REPORT Trimble 5475 Kellenburger Road Dayton, Ohio 45424 -1099, USA 1- 937- 233 -8921 Project: S: \Trimble Projects \Jobs- Projects \Otto Ped \Annual Volumes.pro Report Generated: Wednesday, January 18, 2012 7:38:19 AM Where the second surface is above the first the volume is reported as fill. Where the second surface is below the first the volume is reported as excavation. Shrinkage /swell factors: Excavation 1.0000 Fill 1.0000 First Surface Number Second Surface Number Layer Name of Points Layer Name of Points 2010 SURVEY SURF 2,412 2011 SURVEY 100 Excavation Volume (Cu. Yd.) Fill Volume (Cu. Yd.) 27,957.3 217.7 Net Difference: 27,739.6 Cu. Yd. Waste