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HomeMy WebLinkAbout6.l. Request by SKB Environmental for a Mineral Extraction Permit R �1���� EXECUTIVE SUMMARY CITY COUNCtL 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 Pro erties PREPARED BY: Jason Lindahl, AICP AGENDA NO. G Planner ATTACHMENTS: Draft Excerpt PC Minutes from 03-27-12, Site Map; 2012 Conditions; Mining Plan; APPROVED BY: Reclamation Plan; Sand and Gravel Mining Plan and Backfill Plan; Sand and Gravel Backfill Protocol; Groundwater Elevation Exhibit; Excerpt from the Quaternary Hydrogeology Plate from the Dakota County Geolo ical Atlas, A licant's Narrative. RECOMMENDED ACTION: Motion to renew the _SKB Environmental, Inc. Mineral Extraction Permit for 2012, subject to the terms and conditions in the attached 2012 Draft Conditions for Mineral Extraction. SUMMARY Applicant: SKB Environmental, Inc. Property Owner(s): Otto Ped Grace Kuznia Locat'ton: 4992 145�' St.�eet East Area in acres: Ped 80 Acxes, 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 Agricultuxe The applicant, SKB Environmental, Inc., requests renewal of theix 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'/a miles east of US Highway 52 and south of CSAH 42. After xeviewing the mineral extraction standards in Section 11-10-4 of the Zoning Oxdinance, the information submitted by the applicant and City Police records sta.ff recommends approval of this request PLANNING COMMISSION ACTION The Planning Commission reviewed this item on March 27, 2012. Draft excerpt minutes from that meeting axe attached for your reference. Commissioners DeMuth and Miller asked questions regarding the pertnit condition requiring at least two inches of topsoil for reclamation and requested staff xeview the small scale mineral extraction standards after completing the large scale mining ordinance. It is anticipated that staff will review some of the xeclamation standards in the cuxrent oxdinance in the fall of 2012 The Commission then recommended the City Council renew this item for 2012. BACKGROUND In May 2011, the City renewed this permit with two modifications. Fixst, the mine opexatox was changed from Solbexg Aggregate to SKB Envixonxnental. In 2010, Solberg Aggregate performed some grading and seeding for interim xeclamation before moving to opexate the Stonex/Vesterxa 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 yaxds 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. Last year the applicant submitted a well location e�iibit including static water elevation contours and an excerpt from the Quaternary Hydrogeology Plate from the Dakota County Geological Survey. These e�ibits show a gxoundwater elevation of about 810 feet and are consistent with the information pxovided by the neighboring Danner mine. T'hese 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 norxnal groundwatex level. According to the applicant, given the elevation of the mining activity and the amount of material removed during 2011, no reclamation activities were performed and no material was imported to the site. The applicant anticipates their 2012 activiry will remain in Phase One and above the approved 840 foot elevation. The applicant requests no modification to the existing pernzit for 2012. ISSUE ANALYSIS The table below details the zoning, current land use and futuxe land use information for the surrounding pYOperties. None of the sites are located within the current Metropolitan Urban Service Area (MUSA). It should be noted that some of the agricultural uses include associated residential uses. Surroundin Land Use and Zoni Information Direction Current Land Use Guided Land Use Zo Notth A�culture Commercial, Business Park ht Industrial A�culture South Agriculture Medium Density Residential (west hal� Agriculture Business Park east hal Preserve East Agriculture/Mining Business Park, Medium and Low Density Agricutture Residential West Agriculture Commercia,l, Business Park Medium Agricultuxe Densi Residential The Ped/Kuznia mine is accessed by a joint access road with the Danner mine on the western edge of the Ped properry line. The applicant maintains a private access agreement with Danner to coordinate mining levels and allow continued access to the site. As a xoutine part of any minexal extraction permit renewal, staff consults with the Rosemount Police Department regarding any police activity on the site. 'I'hat review found no activity for the subject property in 2011. CONCLUSION RECOMMENDATION Both the Planning Commission and staff recommend renewal of the Ped/Kuznia Mineral Extraction Permit for 2012. This xecommendation is based on the information submitted by the applicant, a xeview of the applicable zoning standaxds and 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 minexal extraction standaxds outlined in Section 11-10-4 of the City Code. 2 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING MARCH 27, 2012 5.c. SKB Environmental Request for Mineral Extraction Permit Renewal for 2012 (12-04-ME). Planner Lindahl Yeviewed the staff report stating the applicant, SKB Environmental, Inc., requests renewal of their existing mineral extraction pexmit for the properties located at 4992 145�' Street East. 'I'he subject propexties axe owned by Otto Ped and Grace Kuznia and located approximately 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 recoxds staff recommends appxoval of this request. Commissionex Weber asked if there wexe any concerns with the traffic on the shared access with Danner. Staff replied that the propexty owners have a separate access agreement that was agreed to in the past and there haven't been any incidents. Commissioner Demuth stated the pernvt xequires no less than two inches of top soil in the reclamation and wondexed how that amount was decided on. Senior Planner Zweber stated that the two inch top soil requirement is determined by the ordinance which was adopted several years ago. He stated that if the applicant wishes to supply more than two inches, sta.ff encourages it but can't requite it. Comtnissioner Demuth stated that usually six inches of top soil axe xequited to grow gxass and asked if the Commission could increase the required amount. Chairperson Powell asked if the Commission had the ability to require more top soil inches in the permit and Ciry Attorney LeFevere confirmed that it did. Commissioner Ege asked if othex mining permits had been approved already and sta.ted that increasing the requirement for one company would be pxecedent setting; it should be done fox all pernuts. Mr. Zweber stated that there are cuxxendy four active mining operations and the City has already approved permit renewals for 2012 for three of the companies. If the Commission wishes to increase the top soil requirement, Mr. Zweber stated that it would be best to wait for the permit renewals for 2013. It was suggested to review the small scale mining ordinance over the coming yeax. The public hearing was opened at 8:39p.m. Rick O'Gara, SKB Environmental, approached the Conunission and stated that SKB volunteered to put thxee inches of top soil for reclamation. He stated there is currently very little top soil on the site and in order to get to six inches, SKB would be required to have extra top soil shipped in which would be a considerable expense. Myron Napper, 3381 145�' Street East, stated he knows the landowner, Otto Ped, and is familiar with the land since the mining operation began. He stated the lack of top soil curxendy on the site is due to its xemoval by Ames Construction for the Hampton overpass when it was constructed and he feels it should be Ames Construction to pay for additional top soil, not SKB. There were no further public comments. MOTION by DiNella to close the public hearing. Second by Miller. Ayes: 6. Nays: None. Motion appxoved. Public hearing was closed at 8:44p.m. Chairperson Powell stated that since there have already been three permit renewals for 2012 with the current top soil Yequirements, the Commission should not make any changes on this renewal. He suggested reviewing the ordinance befoxe revising the standards to make it fair fox all companies. MOTION by Miller to recommend the City Council renew the SKB Environmental, Inc. Mineral Extraction Permit for 2012, subject to the terms and conditions in the attached 2012 Draft Conditions for Mineral Extraction. Second by Ege. Ayes: 6. Nays: None. Motion approved. Mr. Lindahl stated this item will go before the Ciry Council fox appxoval at theix regular meeting on Apri117, 2012. Commissioner Ege asked when the Commission will have the opportunity to review the mining ordinance. Mr. Zwebex stated that if the Commission wishes to revise the ordinance, it should be completed by October before the permit renewals for 2013 are submitted. Commissioner Ege stated she feels the affected companies should be contacted to consult with befoxe making any revisions to the ordinance and that although the Commission has the right to amend the ordinance, it doesn't mean it would be wise to do so. Commissioner Webex asked how other minuig companies have reclaimed their mixung sites so far, with respect to top soil. Mr. Zweber replied that the Schaefer Contracting mine is the only one staff has been involved with in any reclamation. Other mines have not completed any reclamation on their sites yet. Yecl-�uznia y�_�� 2 y r r +�„�ik °'h. W n f y f P 4 r' +.:?a' i� A,R.. �..r w- A„ Q'A �;n. r iti t 4 C ��l;� �t s., �0 x a. �i �P� �'fi. s f x* R ...�4M�F,� T S i f l�tif�J y y i� k.V. :�f L �Cc y C� c. 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Sti'w T '�e Wt� 4 -t tr w t "�'s.�� y,, ,.�t w ...a .�vRY�+ t _y r ..i .�.1, ..r. �.W+4n� l►�y� T..� +M1r. k Y y a�' Q j vY �-sa...k. ;zs`��' .:Sa -51�, t 1 i �.k Disclaimer: Map and parcel data are believ�d to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substitut2d for a title search, i�c#� 2000 feeY 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 Secrion 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 Muiing Plan dated Apri114, 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 pernut shall extend fYOm 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 pern�its fxom the State of Minnesota, County of Dakota. and City of Rosemount (hexeinafter "City") or any of theiY 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 pexmit. 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 appxoved 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 e�t 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 xoute 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 responsibiliry to obtain easements for ingress and egYess. The location of the accesses and/or easements for ingress and egtess 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 Opexator shall clean dirt and debris from extraction or hauling operations related to the Mineral Extracrion PeYmit from streets. After the OpeYator has received 24-hour veYbal notice, the City may complete oY contract to complete the clean-up at the OperatoY s expense. J. The surface water dYainage 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 Yemoved fxom 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 incurxed now or in the future in changing the location of e�sting public ox private utilities including but not limited to pipelines, transmission structures and sewer infxastructure located withixi the permit area shall be the sole obligation and expense of the Operator. M, All costs of processing the perxnit, 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 Ciry Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. That the Opexatox agrees to reimburse the City for any other costs incurred as a result of the gYanting or enforcing of the permit. N. The daily hours of operation foY 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 acYe ($7,5000.00/acxe) of active phase in favor of the City fox the cost of restoYarion, regrading and/ox revegetating land disturbed by inining activities and to assure compliance with these conditions by the Operator. The required surety bonds must be: 1) With good and sufficient suxety 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 forxn and substance. 3) Conditioned that the Opexator 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) Condirioned that the Operatox will secure the City and its officeYS 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 Pemtit SKB Environmental, Inc../Ped -Kuznia Page 2 of 6 5) The surety bond oY cash escrow shall remain in effect from ApYil 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 escYOw during the term of this permit in ordeY to insure that the City is adequately protected. Q. The Operator shall furnish a cextificate of comprehensive general liability insurance issued by insuYers 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 occurxence, bodily injuty liability in an amount of at least One Million and no/100 ($1,000,000.00) Dollars and property damage lia.bility in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occu�ence. The policy of insuYance 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 occux on the site and construction of any ponding areas or wash plants shall xequire additional City Council approval and notification of adjacent property owners, except as approved by the Dakota County Environmental Health Departtnent 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 OperatoY and the Ownex 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 fox the protection of the citizens and general welfare of the community. U. Complete mining and reclamation is xequired in all phases before any additional mining is authorized. Modifications or expansion of the muiing areas must be approved in writing buy the City. V. The Operator shall incorporate best management pxactices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environxnental Protection Agency. W. The OperatoY shall receive all applicable pernzits and follow all appYOpriate 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 axea, 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 restoYed 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 pxoperty to the e�sting grade of the site to insure pYOper conditions for any future roads. Y. The storage of equipment (unrelated to the sand and gravel minuig and processin�, manure, construction debris, oY 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 stricdy 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 matexiaL AA. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevarion 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 inining of the SKB Environmenta.l, 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 faregoing 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 O, 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. Notary Public 2012 Mining Permit SKB Environmental, Inc../Ped -Kuznia Page 6 of 6 p f�' l.� 1) U� [r n�a i s 2oii PROPERTYBOUNDARY i i i �Y_�__ i TOPSOII,S70CKPILE`� �ro I i PHASE FNE XTRACTION AR J I t� ACRES i i Q _=z� T- eeo i,I W _,1— 1% �I --'�_�I_.— IJ� I ��j v n' J I r/ i� I I 1 W I I r `I I i 1 I I 1 i' /�`I�_ �_I��-� I i I ,�l r ��i� �j//j= 1 i f I i i I j j 1 1 1 I P1 1 �SE ONE ES(iRnGT10N AHEA I I I PHASE E7(T C/ON l I i r I N'�� PHRSE. HRE�E%THAC_IONMEA% I J ii i ACRES �'.I f �U� `i4 A� 1 1 I �'��l �i >'����.:i l i� ,�i �1 i i 1 �I I PHASE FOUR EXTRACTION A EA I I I f to ACRES i 1 i J: 1 I I 1, 1 I )1► G r ,�.M.EE. r°= McCain �.v.w.,.� .�,�.�.,.�a ElfI3TWGStONfOtM M� �n./�� E%LSTING tOCONTWR areocoseozcaatam MINING PLAN —860— PROVOSEO�OCONTdM sKo-�or�rc� r+� n.. �{(6J SNlENWiONMEMILL,WG 5M j tl J 511T3 PROPERTY BOUNDnRY U L� fJ I�l 1�� o -----=---1 nra t s 2oii 1 i "�i �Y-------_ i i 1 r� no —I m �5= =�J�� m e�o �1 i W e• s e E60 I g g 1 ero ..9Glf �!f I 'r. i McCain;;:u��. N �,.,,�.�...�4 ExtSTINGZGONIOUR E%ISTWC 10 CONfIXlq vaorosEO z eonrourt RECIAIMATION PLAN —96p— vROPOSEOfaCq1TWR SKBFEDMINE (Sla/-// SKBENNRONMEMN.,MIC. !NT J al SHfS /-r o i� r� c �PROPERTY80UNDARY APR 1 8 Zp�� i-_.—._____ I �1 QY���_ \1 TOPSO14 STOCKPILE j l i sm_ JI f PFIASEFIVEEJ(TRACTIONMEA I, 1aACRES /l T eeo �,-t s i .—y_ '�,ti i i� l f i n' i 1 I I _-_-----------I II 1 J i 1 -1 l i r i �i 1 1 1 y i i i vr,ns ONE TrucnoN Aae� I I 1`'�" u PHASE. E�E7CT IOry i PHASE CTION� 4ACRES ta(qCRES l I 1rACRES�--� I J i PHASE FOUR EXTRACTIO/ E� L I I 1.�RES l �I_ I I \'1� 1 i� i/� '1 1 I 1 p ,�.,E,�.EE. McCain '=s�N �:u �,,,,�.,.�a E1fISTIN67CONfOUR r NM� EASTNGIOCONTIXN( PNOWSED?CONfWR M MINING PLAN —K0� PROVOSE017CONTIXMt 51t&PEDMINE �M SItB EMNRONMEMK W4 SM 2 0l 3 SHTS 'l=- BOUNDARY _o..� t� L� (J L�l ls nr�R t s �o>> 1 �-i 1, I J�/� �l J 5� J i� !gp 1 5 E B60 4 x g 1 e�o T. 1 i I McCain aMnuadolae.MC9 r..v:vww Puad E%ISi1NG7CplfWR E%ISTYM.10 CONfOUR PROPOSEO7CONTOUR RECIAIMATION PLAN -880- iROFO5E07000NTpM y(BPEDMINE wy w.� ��BJ SMBENNRONMEMK.w[. 9HT af 5Hf5 Sand and Gravel Minin� Plan and Backfill Plan 145 Street Sand Pit— Ped Proper�ty Submitted To: City of Rosemount Prepared By: EIYVIRU/YME/YT SKB Environmentai, Inc. St. Paul, MN March 2011 D C� C� L� j I��! �i i i F' r: i „j I L ey 1 Introductio�l 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 nat {imited 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 reclairned 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 frorn 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 5and 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 Pian 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 $KR LNI�� h8V? fl�� !:18:'°!'I�'� G�°�!V°t'L'G� .O $�,,;�2�,,,�,^ �ii iv ici.idii'ii iiic Siie iu i�iC d�i�fulit��i f1i181 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 backfilf material in the area ready to be reclaimed and compact the backfill material. 7he 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 Reclamatfon 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 Reparts SKB will provide the City of Rosemount with biannual reports that cover the operations taking nlace 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: E/YVIRO/Y1�1�IYTAL SKB Environmental, Inc. St. Paul, MN March 2011 �1 D ���i r� ;;'qt ii �jl; w v I I' I a __.-..�.i 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 foliowing 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/Qttality 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 mat�rial is to be placed, and 2. Select backfill material shall not be placed on muddy or frozen soils. Soil Preparation 1. The select backfili 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 piaced in loose lifts that do not exceed one foot in thickness. 2. Select backfiil 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 shail be reworked until the minimum density is achieved. Field A C 1. An soii moisture/density measurement will be taken at the frequency of 1/acre/lift 2. All soil moisture/density measurements wii! be taken by an independent testing firm hired by SKB. 3. The backfilled area shall be surveyed during SKB's regular site surveying. 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S. 1� .r j t I t f r t .��I 4 k.! p� 'f�. 2 t t j,i- '�j� 4 ;Y2� 1 ,at._•j i\ i i y l i.s.;,. Y t i ,J i t p k r 3 4 J q t' «s�1+�+',� R `�..��'1 9'K a �.Gti �''°�Y� f si'�' t i ���`'`R+ k r �,.w..:. 4 t r i �s ,S, s S f�. t.` 7 1 fi .��:;�5� 1~~' r� T �s �'vr�i� 4 Y" ��,.'Y.t i �.r� `""�`w`y"'4!�� "'S'"."; y i e S �'t T ��•"a�,. 'y �.Q �A,w"^' C v��*� �r U t# �!�I' `�i y t V1 i '�T i 5 Y^ Y 4 ��l.. 4..�''. Y'� fi�uv,• �n t P W a� 4�. i 1 ?�:w�► .g� M1r�T^, h�.' c y{.,�' H f x «��,t1� 4 M__� 3 1 ������n �`I �^�'"��n,��'gt p�, :s '�h 5 4 tl i y.,r� r 5�,(" `'"'ti a„ 'r'" y ��''"i' r !y 4- �6 h �+L Z..wf �wie^,.' �.,i 1 '4.�.�s..�-+i 1 Y "c �;.A 4, City of Rosemount Mineral Extraction Permit License Application 2012 Application In 2011, SKB Environmenta4 mined a portion of the Ped-Kuznia properties on 145 Street in the City of Rosemount in accordance with the City of Rosemount's Permit issued on May 19, 2011. 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 Volu. Report Generated: Wednesday, January 18, 2012 7:38:19 AM Where the second surface is above the first the volume is reported as fi11. Where rh� second surface is below the first the volume is reported as excavation. Shrinkage/swe11 factors: Excavation 1.0000 Fill 1.0000 First Surface Number Second Surface Number Layer Name of Points Layer Name of Points 20I0 SURVEY SURF 2,412 2011 SURVEY 100 Excavation Volume (Cu. Yd.) Fi11 Volume (Cu. Yd.) 27,957.3 217.7 Net Difference: 27,739.6 Cu. Yd. Waste