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HomeMy WebLinkAbout5.b. Request by Dakota Aggregates for a Text Amendment to Allow Large Scale Mineral Extraction 4 ROSEMOUNT EXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Dates: February 28, March 27, and April 24, 2012 Tentative City Council Meeting Date: May 15, 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 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; Letter from Commissioner Demuth dated April 16; Dakota Aggregates LLC Comment Memorandum dated April 18; 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 the UMore property 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 (LSME) 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. On March 27, the Planning Commission continued the public hearing, heard from Myron Napper regarding the 42/52 interchange, and closed the public hearing. A motion to recommend approval of the Ordinance had failed on a three to three vote and the Ordinance was continued to the April 24 meeting. Since March 27, Staff has made revisions to Ordinance based on comment from Commissioners Demuth and Miller. 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 twenty six types of changes are as follows: • Consistent labeling of the "Annual Operating Permit" • Adding "Clean Fill" definition as defined by Dakota County and `EIS definition as defined by the State. • 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" • Corrected the reclamation grades around the lake. • Added a su water pollution plan that would include spill response and containment. • Separating the hydrogeological study and groundwater monitoring plan from the reclamation plan • Add language to the hydrogeological study to relate the requirement more to the EIS; add language to clarfy the purpose and intent of the groundwater monitoring plan; monitoring of the lake including tributary waterbodies and channelized waterways; and determine the appropriate separation between mining and the aquifers that are used by municipalities for drinking water. • 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 2 • Clarified that the groundwater monitoring plan may include the su water monitoring of the groundwater feed lake and waterbodies tributary to the groundwater feed lake. • 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 • Claries that the mining plans and permits shall comply with the EIS. • Clarifies that the applicant shall be responsible to reimburse the City for the costs of its consultants and sub - consultants. • 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 • Review the haul -back testing results be submitted and approved by City staff before it is brought into the site • Added permit enforcement process • Clarifies the types of financial surety March 27 Planning Commission Meeting On March 27, the Planning Commission continued the public hearing and the only resident that provided additional comment was Myron Napper. Mr. Napper continued to express concern that County Road 42 and US Highway 52 interchange is in need of improvement. Community Development Director Lindquist and Chair Powell both stated that the interchange was submitted for State and Federal funding but that the project scored poorly compared to other regional transportation projects and is too low in the scoring to be funded.. Following the closing of the public hearing, the Planning Commission discussion included a statement by Commissioner Demuth that she would be voting against the Ordinance because many of her concerns raised were not addressed. The Planning Commission voted on a motion to recommend the City Council adopt the Ordinance but the motion failed on a three to three vote. Following the vote, Chair Powell inquired if the Commissioners who voted against the motion had any suggested changes to the Ordinance that would allow them to vote for the Ordinance. Commissioner Miller stated that he desired more connection between the EIS and what the Ordinance regulated. The Planning Commission continued the Ordinance to the April 24 meeting requesting staff add language to strengthen the connection between the EIS and the Ordinance. Chair Powell requested that Commissioner Demuth continue to discuss her concerns with staff and determine if any of the concern can be addressed. Written Questions from Commissioner Demuth Staff has meet with Commissioner Demuth and had several follow up phone conversations to clarify possible Ordinance changes. As a result of the discussions language has been added to define clean fill, clarify information requested and issues to be addressed in the hydrogeological study and groundwater monitoring plan, clarify performance standards for surface water and groundwater, and added a requirement that the haul -back material testing results be submitted and approved by staff before the material is brought to the site. These changes prompted Commissioner Demuth it provide a revised comment letter dated April 16. This letter is attached to the Executive Summary and staff's responses to the concerns within the letter are provided below. Clean Fill Definition: Staff has added the language to define "clean fill". Environmental Impacts: Commissioner Demuth has requested that staff contact each agency that 3 commented on the EIS to determine whether they are happy with the University responses in the EIS. Staff intends to use the EIS as the basis for many of the permit conditions. Should there be issues raised by other agencies, aside from the City, that are within the prevue of City regulation, those items may be included in the permit. Street Sweeping: City Code Section 10 -1 -12 D. addresses street sweeping. Ratio of Aggregate Processing: Staff has spent a lot of time in the ordinance development process trying to balance the mining interest with the desire for future development. The projected 40 -year life span of the mining is daunting and the mining itself will certainly have an impact on the timing and location of UMore property development. To permit additional aggregate recycling than what is proposed will only increase the life of the mine, postponing development further. While recycling is an admirable goal, the regulation is intended to moving the mining along to get to the City's primary goal; development, jobs, and increased tax base. Top Soil: The ordinance has a requirement that all top soil existing over the areas to be reclaimed as dry land will be retained on site and used in reclamation. The soil borings have shown that there is currently top soil well in excess of six inches and this top soil will be used to form berms around the mining. When the mine is reclaimed, the undulating reclamation surface will have a larger surface area than the current relatively flat surface. Additionally, due to the phased nature of the reclamation, the berms will be removed only if they do not provide screening for the next mining phases. Therefore some of the soil will remain as berms along the perimeter of the mine and future development. As a result, the amount of top soil existing in an area many not be identical to the amount of top soil returned after reclamation has occurred. T he six inch minimum is a reasonable standard that will allow a future development of the property. It is expected that most of the reclamation areas will have more than six inches of top soil. Dust Control: Staff is interested in a regulation that ensures dust is not an issue out on the site, or in the surrounding neighborhoods. By using the phrase "as needed" that may mean dust control will only occur on a complaint basis, or when specifically requested by the City. The accountability for dust control is upon the operator not the City when language such as "regular basis" is used. Staff understands Commissioner Demuth's concerns of chlorides used in dust control products and has forwarded the Missouri DNR document on alternative dust control products to Dakota Aggregates. Haul - back Operations: Staff has added language to require the haul -back material testing be submitted and approved before it is brought and deposited at the mine. Inspections: Inspections will occur as needed and based upon availability of staff dependent upon other City priorities and work tasks. Groundwater Monitoring Plan: Staff has added language to clarify the purpose of the hydrogeological study and the groundwater monitoring plan. Drinking & Su Water Concerns: Staff shares Commissioner Demuth's concerns about drinking and surface water. To clarify how they will be addressed, staff has added language in the ordinance to specifically identify that the surface water of the groundwater -feed lake will need to be monitored as well as any tributary water bodies; that the elevation of the Prairie Du Chien aquifer be determined and the appropriate buffer be maintained between the mine and the aquifer; and the applicant must have an approved surface water protection plan and employee training to ready to contain and remediate any spill or accident that risks water contamination. 4 Revocation of Permit: Staff has added language on how the City may enforce the permit conditions and revoke the permit if necessary. This language is similar to language from the City's Water Resources Ordinance and business licenses. Contamination: Specifics about the site for mining will be addressed during the permitting process. Further discussion is needed on the appropriate investigation and remediation standards for the site intended for mining. The Gopher Ordinance Works (GOW) gunpowder production lines were not within the proposed LSME overlay district and there are no sites identified in the delisted UMore superfund record of decision within the mining overlay district. Dakota Aggregates' Ordinance Comments 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 twenty six revisions to the Ordinance. As a result of these revisions, Dakota Aggregates provided a memorandum dated April 18 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 requirements that the City Council must complete before the City can determine that there is a need for a trunk utility or a major road. 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 in landscape standards by having the applicant install landscaping off site, which may be beneficial to individual property owners but not the public as a whole. If the future operator wants to install off -site landscaping to address neighborhood concerns and as a mitigative measure that is a private matter between the property owner and the operator. However, it may be in the best interest of the operator to assist existing neighbors through additional buffering to reduce potential future impacts and potentially reduce complaints relating to operation of the mine. To provide some flexibility for landscaping, staff points 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. The other concern raised by Dakota Aggregates is the allowance that a future City Council has the ability to limit their mining operation if that City Council identifies the need for a trunk utility corridor or a 5 collector or arterial road. In that instance, under the ordinance, the City can issue Dakota Aggregates a notice that the mining must be completed in those corridors within twenty four (24) months. Dakota Aggregates requests language that adds requirements under which a City Council can determine a need for the infrastructure. Staff does not support any addition burden on the City. This has been a very important issue throughout the discussion of a mining ordinance. As mining is an interim use, no interim use should prevent the development of the neighboring properties. The Comprehensive Plan states that "(t)hese (interim) uses can often occur on property that is years away from developing, but the City has the interest to ensure that the incompatible uses cease or relocate as development approaches." Staff and Dakota Aggregates had negotiated that this interest can be met by requiring a twenty four (24) month notice. Staff is standing by the 24 -month standard and to that end has removed the previous amended language that the City Council may have provided additional time. Additionally, the proposed language may actually result in a less desirable outcome for Dakota Aggregates. To provide for orderly development, a future City Council can consider rezoning the property or revoking the entire mining Interim Use Permit. The more of a burden that the City Council has to provide for future infrastructure, the more likely that a future City Council would revoke the entire interim use permit. This would shut down the entire mining operation and therefore be counter to the current desire of Dakota Aggregates. February and March Comments (previously received and discussed) 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 6 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. • 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. NEXT STEP: Ordinance Adoption and Permit Application 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 7 LSME Text Amendment Public Hearing and Continuance: March 27 LSME Text Amendment Planning Commission Recommendation: April 24 LSME Text Amendment City Council Work Session: May 9 LSME Text Amendment Approval: May 15 Anticipated LSME Permit Public Hearing: June 26 LSME Permit Planning Commission Work Session: July 10 CONCLUSION & RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council adopt the Large Scale Mineral Extraction Ordinance. 8 LARGE SCALE MINERAL EXTRACTION ORDINANCE The following briefly outlines the various sections of the proposed large scale mineral extraction ordinance. 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 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 9 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 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 mining permit. By being more conservative during the initial review, the City can modify specific standards during the annual operational permit review. 10 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 - 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 City 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: - • I E RA _ _ • L' TISN: �'• x. '•.. s .leth. • r -• • - _ m. •a .t - ir•nm-n .1 • .. -m -n • - ri• - • in M n- • : ' 1-s Pa " 11.4 • 11 ub.. on - .11i Min-r,1 • • L AL _ MINERAL Ems ._� TI•.: . -r.l -xtr. ..n : .le 1 - h.n . • 1• r in• , • - nvir•nm .l im.. - m - n i • • • in , . I. - • ' les P r 11." 11 ub.. 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: Mineral extraction, provided thc site is cast of Statc Trunk Highway 52 on propertic3 3ituatcd within one half (1/2) milt of County Statc Aid Highway 42. Section 4. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph E is amended as follows: E. IJscs Permitted By PUDlnterim Uses: None. .r• .l kA '.-r,1 Ex : ._.r .n: -• - • - i - ,r• .leM'.r-ral Extraction Overly District described in Section 11- 10 -4 -1. Large Scale Mineral Extraction Ancillary Uses as defined in Section 11- 10 -4 -1. mall .le 'n-ra _ , _ . • . s -h -. • - • - wi _ ' th- all - • -rl. 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 permitaPermits for small scale mineral extraction under this Section may only be issued in rhea zoning district wkenwhere mineral extraction is listed as an interim use. Furthermore, Small scale mineral extraction shall emnay be allowed only within the Small Scale Mineral Extraction Overlay Districtso as not to intcrfcrc with thc orderly growth and expansion of public utilities. Permits for mineral extraction within the Large Scale Mineral Extraction Overlay District may be issued only under Section 11 -10- 4.L 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 has been issued. 2. Excavation by State, County or City authorities in connection with construction or maintenance of roads, highways or utilities. 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. Exc.v. '•n • • . •'. • fir : t.. u i_ _. . _ •. • - . •r.. - - 2 Section 6. The Rosemount City Zoning Code Section 11 -10 -4, paragraph B is amended as follows: B. Exccptions: An extraction permit shall not be require 1. Excavation for a foundation, cellar or bascmcnt of a building if a building permit has been issued. 2. Excavation by state, county or city authorities in connection with construction or 3. Curb cuts, utility hookups or street openings fo - • - : - - - - : - - issucd by the city. 1. Excavation 1c33 than onc hundred (100) square fcct in arc or onc foot (1') in depth. 5. Excavation or grading for agricultural purposes. (Ord. B, 9 19 1989) Small .1 Min-r.1 Ex _ : •n •v • ' i : Th- m, .1- • - _ • _ '•n • -r i - ..'.-. o-.•A..a o eo: .lin - es- ., 2 mil- •r•• sunk - Aid Hi•h.: 42 - m ni i. ,l .. nd. t • h- t . 'n- • - . 1 2 uu• - • _ of • . I a - Ai. ' • h . '2 e .. • hw. t • the e . 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 be unlawful for any person, firm or corpora to remove store or ex . . - o k sans •ra - 1. sil or • _, - • - -ri.lin - ii • • fill •rr.i - - exi • rf. - •rad - Lat. - .1- ►�in-r.1 Ex : '• • -rl: Di • - . •li hed '_. this Section without receiving a permit for large scale mineral extraction. Such permits may only be issued in a zoning district where large scale mineral extraction is listed as an interim - .n. in _. - tr.- :1- min-r.1 -x _ . .: • • -r . .• _M . - •ts for min- ,1 -x ac. •n within the Small Scale Mineral Extraction Overlay District may be issued only under Section 11 -10 -4. Ini • .11. r• - .1- min-r.1 -x •n . - r • :. .licati•n f• , 't . - . • - lion , < bes . • -. .ith. . •. •.--• imulto - • wi ,n...li t ion f• to • . -rimus- permit under Section 11 -10 -8. No permit will be required for any of the following: 1. Ex : ion for : foundation -ll.r or .. -m -n • , . ." _• if : • • .• • . -rmi ht been issued. 2. Excavation by State, County or City authorities in connection with construction or maintenance of roads, highways or utilities. • 3. r. :•a hook . or _ - •.- • f• ._t' . _n. -r. .. .: • - -n issued by the City. 4. Excavation less than one hundred (100) square feet in area or one foot (1') in depth. 3 5. Excavation or zrnsling for agricultural purposes. B. . - Min-r,1 Ex ., • -rl. . T• - ,rte .1- miner.l -x_, :.n • -rl, t r i i - . •li h - . . Th- • • n.. if A - •• • i AH • e n.r h : • 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: .h.l Plan -i _ "s •. • mt s r . .•. • • _a - firms if ., -d ..• •ne any - now. .. k•.. • f. s •. • - •mbin.'•n•f num. - • aggregates, sand, and filler, in the correct proportions, heated and finally coated with a ._ • rasin.1 ' .P r- 1-.. ...1 Ora:: -•. - .r•. - -.: •. • ,e mix Berm - is a level space, shelf, or raised barrier separating two areas, �• _ ' c or H .r. • a.hi h.r - .r- h_rts h•w 1. , - . • o r-li- •r -rr.in . contour lines (called depth contours or isobaths) and selected depths (soundings). Clean Fill — as defined in Dakota County Ordinance No. 110. Concrete - is a mixture of paste and aggregates (sand and rock). The paste, composed of -m-n . • wat - •. - rf. • of •- fin- .n. .n. •: - .••r•x - r• k binds them together into a rock -like mass known as concrete. an t - •, - • ` .'re•a - " -i • br._. ••• • •.r - ., 1. - ,•. -4:.1 used in construction, including sand, gravel, crushed stone, slag, and recycled concrete. an - ', • on - •r - i . •m an .'- - •f m- ,ni .1 h.,. • e• '.m-n th, m•v- materials from one locatio to another. • •.•• ..t -' ,. ..r.1.nt.- '• -d • . - _ •- • , in. ••, er rocks or gpvel. D i -, • - i ,- in. • d . *on h. •ke .1. - ...v- _ - •r. n. • -r ..l EIS — is the environmental impact statement as defined by the Minnesota Environmental Quality Board Rules. Floating Dredge (Dredging) - is an activity of mining that is carried out underwater with a machine equipped to excavate material from underwater and bring it to shore where they .n . - .r• - - 11 . A1 • an t : •, • t • :re! , - Haul Road — is an internal private road used to transport material. Haul Route — is an external public road used to transport material. • - __ _. c:., -' ex_. :•n •fin.r•.ni m. •ri.1 • - • . - . sans. • '•• :. fir - .. -i h- • .n - . A r .r . . is be fr• h- ed• - •f . 1 EIS boundary line. Portable Processing Equipment - is equipment designed on a skid or axel assembly that 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 plank, 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. 4 R -,. • - . • • - - • , f.cilis . • • . • s_ • . -cifi •ll . - i• -. .ncr- - f. . - • - I • , us • •• -' c• _• .n • - in . fr- •1 -..r .1. • nh• . -n -. • -. Reclamation /End Use - is the process of creating useful landscapes that meet a variety of •., . I • •- • _ . .- •_ _• • • . .•_•• ••, eri• _. • -m-n ..ilizin• ca..' • r- • .. • • .lac• • .v-r • - -v- • - •n •n• main -nan •. R- 1 -dA .h•l .n. •rA••r•x - Pr.. ' 'P - ,r- 1- . -r. . -4161i •. .11 - - or asphalt products. These products are recycled (reproduced) and reused in production of new products or road base products used on construction sites. Screening/Screening Plant - is a machine that takes granulated material and separates it into multiple grades by particle size. Staging - is setting up of equi. •• - • or • _.. fl- - • • reparation for a day's activity. S • k.ile - i • .ile or • . • - 1. , ..n fir . lk • -_', s fir • • • ,r .f e • lk m: -ri,1 handling process. Stockpiles are normally created by a stacking conveyor. Stripping - is removing topsoil (black dirt), clay, timber, brush and waste aggregate products 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. Topsoil - is the upper outermost layer of soil, usually in the top 2 to 8 inches. It has_the hi• - .n -• ,.•n • .r•,ni m. - r ,n. i wh - o .f - • .i.1.•• •1 •11 activity occurs. T k al- - • • .1• firm .e i - h. • ck will .riv- •n . .r • •i• i • • •• _ - _ _ • truck is of legal weight and or dimension. - Minin• - i minin • •n. ex • .: •n . r- . hat w •ke .1• - . -1.. - • . no • -r table. • • hin• • • hPhn -i • m, • - in. • • h •n. ,n. •r, - i •• - -. •.,, -• size, washed, dewatered, and then sent to stockpiles for load out. D. Review Process: 1. bli * - ,rin•: .._• • - ,r _ .• ••. -. • •n i. - r_ion • . -rrni • •l1 '.n . Th- . .11 • - ,r . • . .11 n• • - ,n. . • -du - r-. • - •I for • • - _• • ,m _ . - - •r ,m-n.m-n • • •vi. . • e • - 1- 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 . •.r• .1 •r• -ni,l.f..• mi sh,llin lu.- • n. • A• • -. • fn.. • •• e following factors. a. Consistency with Ci P .n •_• . P. ' • - : Th - . roposed large scale mineral extraction permit is consistent with the comprehensive guide plan and the 1•ca: •n i uit. in - -x • , :on • • • • •r• - in• s • k.ilin• or hauling of sand and gravel deposits will not tend to create a nuisance or unreasonably adverse land use impacts or exceed local, state or federal safety 5 and environmental standards on the adjacent properties. The applicant for a at _s- ...li an' . . t h_ll - • • ,..n • • -1. determine the suitability, including, but not limited to a completed zoning amendment application; exhibits illustrating adjacent and on -site buildings ..• ,n. - • -xi . • '•n .n..- -nt .f 1..- .i • .n. 11 f-- beyond the perimeter of the EIS boundary; and an environment impact statement. b. Environmental Impacts: An environmental impact statement (as defined by Minnesota Environmental Quality Board Rules) shall be completed for each large scale gravel mining project proposed. The proposed project shall be so -d • •. ..-r. e. . • • ._. • •z- ,. -r - .•4., i. n i _ -. • h- 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 extraction permit shall not be considered complete until the time as final comment has been received on the adequacy of the environmental impact statement. c. Large Scale Mineral Extraction Overlay District: The boundaries of the proposed large scale mineral extraction operation shall be completely within the large scale mineral extraction overlay district. E. Application Requirements: The application for a large scale mineral extraction permit shall include the following: 1. The • -',1.- ri. '.n •• • - • .. •' ex _ .n is . •.• .. 2. e n.m- ,n. addr- •f - ,..li ,n h- •wn-r •f • , ,. and h- .-r .nor • ..ra ..$ .nd : ' h- ac •1 - . . •. r. '.n. 3. The names and addresses of all adjacent landowners within one- fourth (' / �l mile• 4. The purpose of the proposed excavation. 5. h- e - - • e - • .• • . to • • . l - e e .r•.• -d -x . _ '•n .n. r-h,•ili . ••n. 6. The names of the highways, streets or other public roadways within the City upon which the material shall be transported. 7. map of the proposed pit or excavation area to a scale of one inch equals 200 feet h. • • _ - .r -n -x ,v, - . , e ,r - . .r... - • -x a , -.. _•_ ' th- . -rmit • -ri.. . nd , - •_ • • u . • . aximu _ - 1-v...n • f h- ,r- . , •. showin• minimum of 300 feet of the adjacent land on all sides of the proposed excavation area. 6 8. rehabili . *.n r-clam : •n .n. r- •ration .l.n . • I.* • f•r th- or. -rl and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps, and surveys drawn to a scale of one inch equals 200 feet and with a five -foot contour interval satisfactory to the engineer, the following: a. The removal or planned contours of the land when the mineral removal operations are completed. b. The estimated period of time that the pit will be operated and a schedule setting forth the timetable for excavation and rehabilitation of land lying within the active, inactive and restoration areas. c. Th. - .r-. • , • . -. • •.• • •. •. .n. ever, .en. d. The depth of all water bodies, the slopes of all slopes after rehabilitation and a description of the type and quantity of plantings where re- vegetation is to be established. e. The five foot contours shall extend at least 200 feet beyond the boundary of the operation or beyond the adjoining right of way, whichever is more inclusive. f. Ancilla .n.. - • - r - h..ili . '.n r- 1.mati.n .ndrestora:•n .lan. g. The maximum slope of the reclamation area that is developable shall be at 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 . -..- een , . _ - ... .... r', -.f • - h.11 .- o t-e.-r .n two (2) feet horizontal to one (1) foot vertical. An slope greater than three (3) feet horizontal to one (1) foot vertical shall be designed by a licensed engineer and approved by the City Engineer. h. Adjacent to Water Bodies: For manmade ' • e -r 1. k- the bottom cont. r ha •- .. •.'.• • s - h.r -' - • h- .-e.- •ortion of the water body at a maximum slope of ten feet horizontal to one foot vertical (10:1) from at least fifty (50) feet upland from the proposed shoreline to at least ten (10) feet from the proposed shoreline toward the center of the water body. Beyond ten (10) feet in horizontal distance, the slope of the bottom contours may be no steeper than 2:1. 9. - minin' i .r•.• -a •hin h- •r• s.. _ •r .ice k -ns 21 - r:c.lf-- of a his oric . • n. . - -. -m-n - :on h-n . h .. -.1 _ . _ __ o cal stud shall 7 be submitted. The study will include tests of soils and groundwater to determine the presence of contaminants on the site that will, or could be, released to the •..s -r• -n • • .. . • r -. s tiv' •s. A ll •. ..l; _ :. • • -.. '. n. 1 -. '_. - __I • .. • -r on ,. • _ s i. - n:fi - .. - i Council will be studied unless the applicant demonstrates to the satisfaction of the City Council that such study is not warranted. The hydrogeological study shall • cl .e - f•_.w'.•: a. Description of each groundwater excavation (size, shape and location). b. Description the location and construction information of all wells within three hundred (300) feet of the EIS boundary. c. D- cr '., .f • - .r•.o - : f • '‘ :• ize .' tri. _ti.n •u: : .n_ .. - . - n . • - . d. Description of the aquifer characteristics in the area of each groundwater excavation to be affected by proposed fill activity (aquifer thickness and general geological setting). e. Description of the impacts of the proposed fill activity on groundwater flow regimes. f . 1 • ' . '•n • f , • • _ . . . _ - rm•ni.rin• . 1 . • • - i_-n e • - it Council's satisfaction, that the proposed monitoring provide timely and effective notice of changes to the hydrology, the presence of contaminants of concern that were not previously identified, or the release, movement, or the threatened release of contaminants. g. Identify and describe all measures that will be taken to avoid potential im.a .n e • .un. . - fr. ' . . ' • •r r•1, e. . tiv': s ' lu._'_ • • • • -. • - • • • • •rin• c•n ainmen ,n. mi: • , '.n. h. Identify the depth to Prairie Du Chien aquifer and determine the appropriate separation between the mining activity and the aquifer. i. Such other information as the Cit�ay from time to time require. 10. _o . is • _ . $ ..11 - . • wells and the size and depth thereof. 8 11. rf. - -r • • - . I .1, i n : - • a contingency response plan and employee ,inin• • f, ili , - • , . edi: - a • rem-.'al r- . • - • • - -. , • ,c '. -n r- -. - • coo _ • • -r •ill • 12. h • 1 - inf. ma_•n ,- • a e • . - -• - in 1..' • • is 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. - • - . .iii ,l. •- ,1- min- ,1- •c:•n••- ::• _ - •.w.'u - .r- • .ril lncl.-n .1 • i ••-r, '.• • _..• e. r-• - _ -•, • •• • ,•• • ,1. 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. •r V -hicl- ,n. Minin• _ • '..,• - u ,' ,nc-. 6. Stockpiling. 7. or,:- of Ma hin- -. • ,il • he - ac :.n ar -,. G. n' • -re ,-a .•b-r•f - .n. •r•• . :• , "- th, -i - se significant quantities of aggregate resources or benefit from close proximity to large scale mineral extraction operation but also generate issues, nuisances and adverse land use impacts .- ••i _ - ••- •f - • . - r, ' •n ' - l. - fell.. •t• re• 1. '• ,.. • ,- - ,• • , uses to a large scale mineral extraction operation. 1. Separate Interim Use Permit ' - • - .: To address the issues, nuisances and adverse land use impacts generated by ancillary uses, a separate interim use permit as provided in section 11 -10 -8 of this chapter shall be applied for and approved for -a h , cill, -. Th- li . • • .f , e ', _ - . • in:, . - • le' •. ,• -,n that the use will be approved within the large scale mineral extraction operation or that the use will be allowed during tl.e entire duration of the operation. The decision w - - r • •r,1 •r, . ith •n..:.n or d-n ,n ,. •li ,:.n for h ,n ,n ill, use is within the discretion of the City Council. 2. • i.ti• .i Minin•A . ••: 'n, ill,_ se m, •-, •.-. •_• '.-. •. any of the following conditions are meet: a. In • si - , h, ,, ,.. • -• , •e .1- '•-r, - a '•n • -rmi in compliance with this section. b. In conjunction with large scale mineral extraction occurring within the .8. • -. I . • n., . •vid - ,.'•• _- _ • in nici. h, ,.• - . th- lar• - .1- • -r,l ex . ti•n ,n• • .vi• - • - ,n 9 • • : -rimu • •-rmi inc•n'_n '•n .i • 1. •- c: - • -ral extraction in the City of Rosemount. 3. • n ill: - •n is -r-d: Th- fa• .. • i . li of .nc' _ - . _ la - On i. - r -. in : • i. '•. , 1,r:- - 'n-r. - x '•n • • - r. ' • .n. - i .n. •- for .n - .•., . _ •,_ .• sdr-s -. ithin _ - ' - permit. a. Concrete Production: A plant for the production of concrete 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) •c. 'on: Th- •l.n h.11 .- 1. -. ' u • . • .���•.'_ visibility from an adjacent residential use or a public right of way. This m, • - , c. m • li h- • r • • h topography, landscaping, existing vegetation, berming or setback. The minimum setback from any prItifty-lir}e EIS boundary line shall be twice the height of the plant or applicable set ack 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 equipment, except for silos and the conveyors that transport materials • ,e . .2 • - ,c • -. t.• a . ' .'n•. •n •r m.r e .n.. concrete plants may be permitted if an active interim use permit for the prim, •n r - h: • - -n . • •r• -. '• .4 . _- • •e • • • r - • . • . • . - • .1• -d wi • -i•hte-n 1: months of approval. 3) Plant Height: The maximum height of any concrete plant shall be one hn. -._n.fi - f- - 11'. 4) Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty feet (60'). 5) • . .•r .r.• Th-r- hall •- n. • .•• • ,_- of _ •e. : eri.1 • •r•. . A_ - . ' • • -n .n9 u. e_'<1 . s• is • .it th- c-ment • •. cr- e •lan m 9- cr• • -d fr. i- . •. ..' _ - residential use or public right of way in conformance with section 11-2 - "• . . •• t. • -" •f •• 6) • •f0• -r, '• : h- h. r •f.. ..• •, ••' . • . to 7 p.m. Monday through Saturday unless special permission is granted • - it • .n ' • _• •_ - • - - • -rmit. Th- - , h. r • f operation may be conditioned on more restrictive performance standards to address the additional adverse impacts resulting from the extra hours. 10 7) Haul Routes: Traffic generated by this use shall utilize haul routes approved by the City and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for mess and egress subject to approval by the City. The haul routes may require Dakota County Highway Department or the Minnesota - • ,r _ -n • .n ..r .: en . .. • _ . 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 •m.Ran - . i hi ec _ • • . In . • on he fell.. in: • - f• - standards shall apply: 1) Location: The asphalt plant and all equipment associated with it shall be • a - : • m of ixh •r-d • i f-- 1' f em ,n •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') r• , . EI so n.. - _ . r - - - • . • , s r. - includinglg or vegetation. Year round one hundred percent (100 %) opaque screening with earthen berms and landscaping shall be required from ground level to the first thirty percent (30 %) of the overall height and fifty percent (50 %) opaque to fifty percent (50 %) of 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 .r• -. • - it .tie o - r . ' - n i - g ir h- • . • • • - r shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the City. The haul routes may -. • - I.ke . • • i'h.. D -.. . • • • - n- • � -.. -n • . •r ...n . - ll. 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 improvements required to serve the use. 5) Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty feet (60'). 6) • ••• • _' -: • - - h.11 . - n. • _ .o• era!- of fin1 - m. -ri.1 or .r•. s. All -. '. -n .n. r .. - '. • •c'. - • 1_0_ s . .. . plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11 - - 9, "Outdoor Storage", of this title. 11 7) Air Emissions: Asphalt operations shall comply with Minnesota Rules, Part 7011 for testing, monitoring and operational requirements. 8) Waste Byproducts: This use shall operate so as not to discharge onto the soils within the EIS boundary, across the boundaries of the EIS e. n.. '•- • �•.•. t -r • ,•nin • - • oil .i - b. a, ,- •n. EIS .• rid, lin • - - - • 1. -. •xi • no ' . m, • s h •n -n _ ' • • .0 . - •', -, • • nt,n• r - • e • s - i •, • or . - , e• • e or damage to property or business. 9) Odors: This use shall operate so as to prevent the emission of odorous matter of such quality as to be detectable be • _ _ b. . , line. 10) Surety Bond: This use shall comply with the applicable operating, 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. t. •. . ►/ •.t, , • _• ,.. •: u,1 .- i . 1 t -rmi ion is •r,n -. • • - it • • . • _ • h- • -r. - •ermi . he -x _ , hour •f operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours. c. .in -n,n - F, ilit : A • for - r- t ,ir of tr • h-r -,' le ,.. equipment used in a mineral extraction operation may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. The construction and design of the maintenance facility shall comply with site, lot, and building standards within Section 11 -4 -16 Paragraphs F an G. d. , . • Y,r.: A f, ilia f• - m,n f, s r. • of .r- , con r• - trot B. ,ll• es on , i - h. ,n , t tr•v t ,r• - • -r, -xtr, _•• 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 City Council may approve the outdoor casting of oversized concrete products provided that the oversized products are to be used in a on � _ *•n sr.. • , •t , • ,s. -- ,w.r. - . ,n. - • td•.r oversized product casting ceases when the construction project is finished. - con _t. •.n ,nd 4- .f . , • • ,r. h, will - • •. • - ,n -n (10) years shall comply with site, lot, and building standards within Section -1 . • . t h Fan. . e. A. .re. - Pro - in. an. R- cl -. ' • •r • . - r• .. r•. _ '•n: To • • e . • s .. • mixin • cre - . -. • . no . , h i n t . - .. - . nd recycling concrete and asphalt may be allowed on a site that has an approved large scale i er.1 -x raction permit in compliance with this section. In t •n - fell. . in. t • •. ,n - , d, . h•ll ..1 : 12 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 may be accomplished through topography, landscaping, existing vegetation, berming or setback. 2) u . - ' _ • , . • k.il • i . - s . ' h hese . - o- - to a height of sixty feet (60'). 3) Hours of Operation: The hours of operation shall be limited to 7 a.m. to 7 p.m. Monday through Saturday unless special permission is granted by . - it • n wi • h- in -rim - . -r . Th- -x h• of operation may be conditioned on more restrictive performance standards 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 . .l _e••• • of r 1 s m: - ri.i . • .or - 4 rein • i. h- associated gravel mine, a ratio of aggregate processing to recycled _ •_• - • •• . • • in: h. .- - ..li has i - in -y.. e • .. .- . h._ •. - m • -v -nk •- -n 1 °0 .••r •a • • - in: .•s . .xirn of ,• i . -r • - 1 r- - aggregate product processing. The ratio shall be based on tonnage sales ns h- . s 1 •nn. • - A'S sha . • r or - • • - • • •n .n .nn .l basis. The City Council may limit the area in the aggregate process •'i in . . h- • 1 -. ,•• -., - ors. s a .• •.-d. H. Performance Standards: 1. Boundary: Extraction operations shall be conducted within the confines of the excavation site described in the permit. - . 2. x on es- ..• .. • 1 .•. •. -.•� • th• .. __ • .. • i. J .r •ri.l minor .r •ri.i or .11- •r - - . • • is •. in . is of Rosemount comprehensive guide plan. A local street may be used if approved by the City 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 z.nin• .• i is n.. i . m • be h- -n -r - • .t . _ • _ '. •• -• -. _ . a. R- • - 'al .i_'n• $i tri • 1 - - b. Industrial, Commercial or Institutional Zoning District: 150 feet c. A. • is r.1 Z•nin_• Di • : 1 f -- d. Inh. bit-. R- is-n - no in . R-si.-n:.1Z. • ._• : 11 -- e. Right -of -ways or Streets: 75 feet f. Pre- existing Water Bodies: 150 feet 13 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 • • • _• - .n • _ f. - • - - . . a -..r. - int- 'l. e .ermit. b. T.- ., . n ...• • edn - • • height no taller than sixty five (65) feet provided that all practical means of - -nin• ,n. - .. - - .1. -. in • . • .n - .rs •nstru •.n an. installation. c. The floating dredge shall not exceed seventy five (75) feet in height. 5. ' .. - ...'.s ,.. 1e ' .•:T - ..• • • h.11 -- -•_ fr.m .n . •li r'.. - .f - -. _ •. .... - .. -. •_• ._'. , ....in.ti. of - xi :n• • 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 .. .• '. - . • ._• '. . - t . - . 1 °o 'exit. tnan .,1 •., •t a .. of h -- .,. .ec... ,n.. - •• _ ••n h.11 se r - - ..n..d. 'on,' ..in. or . - r • . , . - ' lied es,' ninety (90 %) opacity. The methodology 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. B-r s , .- c.n A -. inar-, .her- h- -xi • •- .n. .. n. - • . Th- .- s , be , leas -. in ei•h m -as. -. fr.m h- to- .• - . -rm or from h- f• • lin- of - -xi : • . • _' •,. .' h- 1 th- • -at- h-•.h .f e . - m. 6. Hours of Operations: a. Mining: The hours of operation shall be limited to 7 a.m. to 7 p.m. Monday th ...h , t. .a . The ... u .m-n lir- or m, , _ •riz- Sunday operation from 8 a.m. to 5 p.m. on no more than five (5) Sundays .nn .11 .r• id-. h- •. -r. or no 'fi h- • •...'s II - . • ... Director no less than 72 hours before a Sunday operation. 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. 14 b. .. • • , • • : Th- h. • f . . - r , :on I1 1 •.- • 'tea o o 7 p.m. Monday through Saturday. The City Council may grant special 9-11 • '•n .r _ • r •f•.-r,.., .• • - ,n .1- . :• .- • The extra hours of operation may be conditioned on more restrictive •-rf• in - .1 ears • ,.. - 1' ,• -r - irn., -. • - - hours of operation. c. T k •: Th- • • r .f. - r,'• ., se -. • . . t. . Monday through Saturday. The Community Development Director may •ri - n., •.- . '•• r..._ m. . ..m. en n• m•r- ,nfiv- .•.. ,n .,ll .r• '. - .. -r, Or 116 • • ._ � - - 1. .m-n D - • n. - •,. •• •-f.r- _ n., •.- ,:•n. h- it C. n it m, • , . - i.1 . -r .' .. f. -x _ , h. rs of o. -ra '.n within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards, including but not • - • • - A_ kh, 1 • - . . •. • t.- ,d - - irn., t ,u -. • - 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 .ef. e e n.rm,l h• h.w-v r . • , - • m, 1-,v- - si - un • normal hour if •. -r, •... A -r _ - P.0 ..rm,l • r •f .. -r,ti.n an. wi • one h,lf h. r • , - P. . •rm, • . s • o. -ra:.n • - and equipment equipment maintenance is permitted as well. 7. Slopes: a. M • P r• • he -n' - D-ries of •. r,:•. , _ • . - ,. - . •r • • f, - 1,_ • - •.• • •n , si. -s n• - - • - ,n •n- 1 f.• horizontal to one (1) foot vertical, unless a steeper slope is approved by the City Engineer. b. Berming: The public view or right -of -way face of the perimeter berms shall 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 horizontal to one (1) foot vertical. 8. .• .•' - - el, th- .er' e - of he ••.•• •...1 the liitnits or standards established by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. 9. P,v-d - Re,.: All , e o,. f • • 1,r.- ,1- • - . -x _ _ :•• o. -r, 'on t• ,n • •li r.,.w, h, b- ..v-. w a .h.1 .r •n - e • • •' , ce of least 150 feet, measured from the mining side of the • • • ri. - of -wa o • • 'ze • d _ cons . .•n . Durin• h - •. -r.. • • -rmi r- - i Council may require additional paving length if dust and mud tracking are identified 15 • • •. - m • - it. All n• ,v . r•.d .i • ' • •.- ,..n h,llbe treated with a dust retardant on a regular basis as stipulated in the annual operating permit. 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 days with • • • ,. . .- 111 . ,ti.n,l • 'c ,n• •A • .h-ri • •L•' _ ,:• ' N, '•n,1 •_ -rvi - - •mm nit D- - •• -n Dir- or may require during the time of wind advisory that the dry mining operation cease operations to eliminate additional dust generation. 1 1 . Ex•l• iv- :Th- - of -x•1. i - in h- hr_• - , 1 - ' -r. e _ , •••• •. -r, ••n i prohibited. 12. Surface Water Pollution: The permittee shall prepare a surface water protection plan • -• - •. - . _ - • ,liu i • • ., - . - • • . -r, '.n '. -• •_ .ill .•_ hin - EI •• n• , . Th- • in: • ,n h,ll .m.l .i_• - City's Surface Water Management Plan. Excavation operators shall comply with all • •li ,•1- • n- • . Poll '.n •ntr•1 ' • -. ,n• -.ar -n • s. _. Resources regulations and all applicable United States Environmental Protection ' •- c r-• 1, .••. • .•e • • - �• • A. -r • . *. _ • - .r.. • processed residue, including untreated wash water, shall be deposited in any public waters of the State of Minnesota. 13. r. no , -r: Th- -x ,v, : •n • •-r. or h,ll .r- • ,r- , • • n.. , -r m.ni .rin• .1.1 to -n r - •w - - • • , ' i i no ' •., e•. • - groundwater monitoring plan shall comply with City and Minnesota Department of Health regulations. The groundwater monitoring plan may include the surface water •nit. • • o • , Cr' . -. • ••• i f-es • • • new, - r' 1 •• • e • ••. •y •• •f ,n , er ••.•- or h,nn -liz-• . _ - _ i.. , • h- r -, -. water body. 14. Wastewater: On site sewage treatment systems shall conform with City Code Title 9 Chaster 6 Dakota Coun Ordi a cx,_113 and all a..licable state and federal regulations. 15. Topsoil: All topsoil located within the EIS boundary before the mineral extraction operation begins, except the topsoil located over areas that are planned to be reclamated as open water, shall remain within boundaries of the operation. ' d•''• o. o' • - r• .••-• o- e _ • • m.f in •- •f •• •il' •1, - • •n , r-, r- 1. • -. ,n• r- • _ -. , • •r• n.. 16 16. Landscaping: z—� a. Existing tree and ground cover shall be preserved to the maximum extent fea ibl m!in ,in ..r • .l • - • • - 1 - : c _ i _ ,n . ! : _ • ! • re.l.n • • of -- h • !n.. - r • • . •• .v-r !1•n• ,11 - .! k !r . 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 • 2 . _ ! r - ,� _ • oo of e -- sh!ll •- .nif -r . c. The City Council may consider staggering the timing of the installation of the !n. !.' •'f....-b• • Is Ac:•n !n' -. . • . - -n e • .h! - .f • • -_ • -.wi !. .• r!: • . �u . d. Ber s ha !r• .1! n-• • -xi 1- !n -!r h!ll .• 1! standard MNDOT ROW mix. e. All areas reclaimed shall be seeded with a City approved seed mix within f. r -- n 1 .! .ffin.1 •r!• • -in. - !. • -.. : •di 'on!1 - -din. hall be applied as needed until the vegetation has been established. f. The City may require cover over areas that have remained undisturbed for m•r- th!n el - 12 min if i . - -r • • -. . ! - _ • - • -r! - airborne dust particles. 17. Maintenance of Mining Vehicles: a. '11 .e . •. '•n!1. b. Abandoned machinery and rubbish shall be promptly removed from the excavation site. c. ..! !11 • - . - .!ire. an. .!in - . ! n - d • • -n K . • •r • . ri•r! • • • hin- . 18. Li. • •: An li•h ' • h.11 . - hi-ld -. t. or- •n li• .r• b _ • - - a 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. • -- - ! Sis! Si\' L! SSSC• SR9* l�1l J_ �J:1�lisS�t�!�Sa1i4�- 1/�1Ti9�1T T - 1- el •f li_•h ' • shall not exceed 1.0 lumen at the EIS boundary line. 19. Compliance with Other Governmental Regulations: The large scale mineral extraction operation shall comply with all application Federal, State, and County laws !nd - • ....II • .' • 11.1c. a o . •r.• anc- •. 111 ! .. L.. 11. 20. Compliance with the EIS: The City shall determine permit conditions and requirements that address issues and potential impacts that include, but are not limited to, those described in the EIS. The City Council may require additional 17 studies or information on any issues that the Council determines were not adequately .d.r - in - EI • - _ - - I . • - no on ,• ffi i - n . - .il f•r permitting purposes, because the proposed means of mitigation have changed, because new mitigation techniques are available, because new information has been discovered, or for any other reason. 21. Council Waiver: The City Council, at the time of issuance of the annual extraction -rmi m. • - •r m. .n of • .r. • i•n in • - '.n or .• e _ddi'•n=lre. i- •-n • fm. .tth- . ,. of •. -r: 'on . • erm, - •als submitted with the application or other factors make appropriate more suitable measures for standards consistent with the public health, safety and welfare. I. Speci Requirements: 1. Reimburse of City Costs: The permittee shall reimburse the City for the cost of periodic inspections for the purpose of determining that the provisions of the extraction permit and this Section are being followed. The City may retain consultants at the applicant's expense to evaluate the application requirements, moni •rin• an. - : - 2. Haul Routes: The applicant shall submit to the City a detailed map of the streets on which the material removed shall be transported (haul fent& routes). The City shall inspect the haul roads routes proposed to be used by the applicant or owner and 11.11r- • m -n. • h- it • , it n • . •r..', • • - ..irin• .f h- h, reads routes prior to their use by the applicant or owner. The City Council shall .- 4.1 - h- ras •_ - •ni. - h- - • - • h- r- ..n '.1- it .ffi '.1 _. - - _ _ •.n . -rmi i •. • ...li ,. h.11 .- e r - on i.ilii of - , .. ' .n • •wn • m=in = . e ha • - in accordance with the provisions set forth in the permit. The City shall periodically inspect haul reeds routes to ensure compliance with the permit. Duringeriod of or on • .1 '•n of h - '•n •. , :. se a. • :., or • n -r n- - , -.,' • .te r•comm-n.ed • - Cis . A costs of inspection provided for in this subsection shall be borne by the applicant or •wn r. Th- •f h- h 1 • - h. o .n . _d .n.. -i•h restrictions imposed by the City. The operator shall be responsible for reimbursing the City for any additional maintenance costs incurred for public roads as a result of the o peration. 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 - contiguous eighty (80) acre areas of an extraction operation concurrently. c. No mineral extraction permit shall authorize extraction to be conducted on more than one hundred and sixty (160) acres at one time. 18 4. • _ • ' • • _ - -m -n D - t - •e ' • . . - o il: Th- . -rmi - - emel with such other requirements as the City 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 , en- •- • , •. -r, '•• h. . .• i._ - . '. • . e.s of • •.r- ha -iih% (80) acres per phase. 2. Significant Transportation Corridors: The reclamation plan shall show all future . - • . -ri,_r•,.., . T. .r. i.- f. h- ... , ,.• . _ 's .• :•. o - - _s _e •,• .. . r - _ • ,.1• -c, a._.n• ,d -.s. - r • -.. e • h , ll • - - , . li -d Ai • - • n ' - . - 1: , - . i � -•f- . , . id ., for e ,..r•. i, •,.., 1, ifi ,.en. .' s.- f. ' •• • . . e written notice from the City that the collector or arterial right -of -way is needed for -iher .,.. _ ,•. • 'ill •n _t '.n _•- .• • e• .ill .m.l- - •c-•:•' that right -of -way and reclaim the right -of -way to the grades approved within the Interim Reclamatio Plan. 3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice from the City the ublic t nk ility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility •n . ••• • _� •'_ • - - m • .ndr laimth- ea -m-n t• - , • -s , ..r. -.. i •' h- In -rim Re 1,m, lion Pl. . 4. • , - r :..• .$11 D ,in,.- P ,n: - ., ••s ,na.e. -. rf. - . , -r Mn.'-m-n Phn w 'c elan for he env- an - of e . ,t- ,c • • - • - minin' • - , a ow f• • - •• e ,nc-.f rf, -w, - r.ihin - approved mining areas as called for within the Surface Water Management Plan. 5. Interim Reclamation Plan: The p ermittee shall .rev'. - . in - im r-cl, a:. elan which provides reclamation grades for all eighty (80) acre phases that would allow for agricultural use immediately following reclamation. 6. End Use Grading Plan: The Comprehensive Plan anticipate 1•e ultimate use for the entirety of the City is urban development. To accommodate this ultimate use and allow for orderly development, the permittee shall provide an end use grading plan that can reasonably accommodate urban development For m ining operations that are expected to require more than twenty (20) years to complete, the City C. ncil ma ...rev- ,n -nd - • • .l,n f• - _ _ a i •x.e -. • be 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 reclamation of each phase, all buildings, structures and plants incidental to that phase •f • - , .. . . • • ' , _ - • .1 r - • •. -. • ,n• , - -x. -n - • - ,n. • 19 gravel producer last operating the building, structure or plant, or the owner of the .r.. -r• -,1- - • - • • • . _ • :b1• w. he ,n '.. -. . - s - of the property. All buildings, structures or plants not removed as required by this section may be removed by the City with the costs for the removal charged to the permittee or the owner of the property. 8. H. _1 -., k M. -Ha an. • • -r, '• : Th- is • n ..: • i 'n. •f clean and compactable inorganic fill that is able to support urban development to • - - - - .: • ,_ • - . - •' •a ll .m h 1-. km. ._•- - t .l. 1 • • '.• of h__ .- . -•• • -_ -r- _ -ill • fr.m and what testing of the fill shall occur. The testing result for the material proposed • .- u -. , fill sh,ll.- ..mi • ,n_ ,..r. -_ . 's - .- • - _.- f material is transferred within the EIS boundary. 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 • h- is - it . _n it hall _ -t- . - - _ . •f - • or ,n ill, . - . ithin h- in er' e . -rmit. K. 'n .,t •. -_a'•• -r t' : 1. Purpose of the Annual Operating Permit: A large scale mineral extraction operation m. -x -n. fir - . r .r d- ,d- t• c.m. - e. Th- . . • e . • - , • •. -r, • - rmit i o .r. .0 , .... ors. • - • O sun 11 • r -vi- - • • -r, 'on of • - •, . • ... • ••• - et • , • .e ,:•. .di ,n . -rmi necessary to address adverse impacts that arise from the operation, and revise the • .h, - , , • or . - . - •f . - u' - . • - 1,r• - c.1• min ,1 . , . . • - - • -r •' • • '. • , z• • • •, i . - •.'. - .r•vi.ed - it i - .n ,nnu.1 operating permit. 2. A. ...n Push H -,rin• •. -And Pro -d r -: Th- ...1i ,..• . _.li h-,rin• public notice and procedure requirements for annual operating permit shall be the ,m- . • - for amen.m -n ,s •ro i. -9_ in - '.n 11 -10 -11 •• • ,. -r -x -. hat he .-rmitm. .- • -. •nl •n - affirm. 'ye • - .f •- entire City 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 . c. •. , - rb,n • -v-1. -n . 4. D r, '•n if • . -ra: • Permi : Th- l,r• - .1- , -r, . e. a 'on . - mi hall n r• __ 1 hr. .h 1 - •• - 1 • • _ • e, .r for. 1- -r.- is. of • - • - it • . it ... .- • _ e - .fi ,nc- •f . -x , ..n .- •.- . the extraction permit is to run for less than a full year, the fee shall be prorated as determined by the City Council. 5. •.- , .• P -.4. F - -: - e- fo •r•- ,le -r,1 -x_ ' •n. - •,' hall.- ,s established from time to time by resolution of the City Council. 20 6. In • •, : •- 't • a in •- =llmin -ral -x .c.on i - h -r- . 1.r•- .1- mineral extraction permit has been issued. The operator or owner of any large 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: The City 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 :n . • n _n. • - -- - • - - rmin -. • h- r • • • ', -- • • - it 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 - •.bili .:on _n. cons* *on-. r h -r • .m•1 i h- -. -n •f • 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 remai i n 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 r- -w 1 -xtr. '.n • - h- am. n • re h.th. - n. • -nr- 1.• -. • he - . us- • _.• • •la - -va:.n n. .n . .t _n •- • m•.', -1 .i dr wn for the special burden of street repair or to replace insufficient landscaping. Surety • . •.•' '•• ••-, .- .- -.n • -. an. , - •e - . - . , 1. • • , h,.' ' a •n m-. - n. .m.1- -d. 8. I - • l -• _ • - • - - o' -e • _ll :' • a' • -ner. ',bait • r.n - ,n• •r. 'd s- it • _. -r 'fi - •_ e - ,1 Li,•ili • ran - is -• b in r- .ul licensed within the State of Minnesota. The City Council shall determine the appropriate amount of liability insurance during the annual permit renewal. L. Enforcement: 1. •: - •f Viol, ion: .L -n • i is fi . •. h - • - h: v - . . •..•'•. '•• • -. • -. e- . re. - -• of ,- e '.n - .0 .riz - enforcement agency may order compliance by written notice of violation to the permittee. Such notice may require without limitation: a. The • - rf • rm : • • f m • ni 'tin., analysis, and reporting; b. That violating practices or operations shall cease and desist; c. The abatement or remediation of contamination or hazards and the restoration of any affected property; 21 d. The notice shall sate that the determination of violation may be appealed to the city administrator by filing with the city clerk a written notice of appeal within seven (7) calendar days of service of the notice of violation. 2. ' • • - < • • : - • Vi•la:.n: sin r- - i ins . n• .c- •f i•1.: •n h- . -rmi - - m. ... - . l e • -t-rmin.: •n •f - _ • • - • - • c- - • -n . Th- n. • - of appeal must be received by the city clerk within seven (7) calendar days from the date of - n•: - of i•1, • . .rin' on 1 ,..•, .- •- �- c .:,, • .t• • - city administrator's designee shall take place within seven (7) calendar days from the d. - • r- e•• • th- n•: - •f ...-.1. Th- •- "•• • - is • • ni tr, •r or i administrator's designee shall be final. 3. • - 9- -, .r- .f ' .. - , 1 : f he '.1: IL. •n. • - - , • r- - • , • • 9- -• ._•_-,.e• - f• in _ - • . - .f '•1. '•n •r • h- - -n •f .n .. .l • • fi - - • . • . • '., of h- • i.. _uho'n upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property . • • - • s• • -. • t.,e _n _n..11me, ur -sn- - • ... - - i• ...n and /or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. 4. • of ' .. - m - n of _• - '• . '•,: . ' _.' _._. 1 .. - r ., - m - • • . - violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner • - - 'n-. • - d- i i•n • ., n' i•. , . �.•s t - e f.r em-n :•-• may levy the charges as a special assessment against the property, which assessments shall constitute a lien on the property for the amount o the assessment. The permittee violating any of the provisions of this section shall become liable to the city by reason of such violation. 5. Legal Action: It shall be unlawful for the permittee to violate any provision or fail to comply with any of the requirements of this section. If the permittee has violated and continues to violate the provisions of this section, the authorized enforcement • „, . • : : • , • , . • _* • •- ..n-ntin n ••n - ,inin• - permittee from activities which would create further violations or compelling the permitee to perform abatement or remediation of the violation, or seek any other available remedy in law or equity. 6. Compensatory Action: In lieu of enforcement proceedings, penalties, and remedies • horiz- • • s- :•n , .• '_-d -n • -. - _yen dvi.ls •r agree on alternative compensatory actions. 7. Nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a ui an - _n • m. • - m.. . • . - :. r- •r-. , h- vi•1. •r' -x. -n - ,nd or 22 a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 8. P • - .: • : The Der • -- ,t h. visit -. . • • _, - • • . - section shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty in accordance with section 1 -4 -1 of this code. - ••.z -. - or - ,- •• - , - • • - •rn• f-- • • o e -x. -,s- • -. -n or • en •f h_. -r • . �• <•.•• • d monitoring expenses. 9. Suspension or Revocation of Permit: a. The City Council may suspend or revoke a permit issued under this section upon a finding of a violation of any of the provisions of this section or violation of any condition of the annual operating permit. b. A revocation or suspension by the City Council shall be preceded by written notice to the permittee and a public hearin•. T r' t-n n. ' e h. :'ve at least eight (8) days, notice of the time and place of the hearing and shall state n,sr-• - h,r• - _•ain s- . -rmi - - n• -m. .- - -d • •n h- 9- mi t- - .-r •n.11 o b U - - _il ... e es t. - mo r- -n _•.r- sin lic-n - ... ' . '•n. Section 8. This Ordinance shall be in effect following its passage and publication. 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. 23 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 Ceity and the region; 2. To establish regulations, safeguards and controls in the Ceity 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 Ceity; 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 City Council approval of annual , xeftvitiie ta operating permits. - -- f Formatted: Strikethrough { Formatted: Double underline Section 2. The Rosemount City Zoning Code, Section 11 -1 -4 is amended by adding the following definitions: i ES _ • to • \ U r ,r, 'r, , , s . , .,. r , 091 r, S, - „ . O b11 n, , , C •s ,r • 1 '111 .,, Non Metallic Mineral Mining. SMALL SCALE MINER AT, EXTRACTION: Mineral extraction at a scale less than would require a mandato -, ,n-,.: s,,, s, - n ,s. s i.• inI\'it-s. ,R.1-s P ” • 110Subp.9 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: Mineral extraction, provided thc site is cast of State Trunk I Iighway 52 on propertica Section 4. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph E is amended as follows: E. Uses Permitted By PUDlnterim Uses: None. 114 . Scale Mineral Extraction and related Accessory Uses within the Large Scale Mineral Extraction Overly District described in Section 11- 10 -4 -1, Small Scale Mineral Extraction and related Accessory Uses within the Small Scale Overlay • • •'S •;1 • I. 1 - 1 - • 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 Ceity, 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 tllea zoning district whet where mineral extraction is listed as an interim use. Furthermore, Small scale mineral extraction shall- netmay be allowed only within the Small Scale Mineral Extraction Overlay Districtse as not to interfere with thc orderly growth and expansion of public utilitica. Permits for mineral • .•1 !1 ! , • • • ' 1• , _ Y, ••• • • _ D i 11. 1• S_•• • ••• Section 11- 10 -4 -1, Fxceptions: An extraction permit shall not he required for any of the following; has been issued, 2. Excavation by Sstate Ceounty or Celry authorities in connection with construction or maintenance of roads, highways or utilities, ..• .s ••\ 1• •k.,S•S •••1'1 t, • .•• •.,• /- ••111 ,.s•••, issued by the Ceity. _ , . .•• •ss •,, 1•• • .•• "• 11 s•.. ' .- ' 1 , • ••- •• , •• 1 - • • • • J. • . 1 f .T •. . •.O•S • 1 - - 7 Section 6. The Rosemount City Zoning Code Section 11 -10 -4, paragraph B is amended as follows: B. Exccptiona: 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 een i : , u -..7 2. Excavation by atate, county or city authoritic3 in connection with construction or 3. Curb cuts, utility hookups or street openings for which another permit has been ianucd by the city. -1. Excavation 1cas than one hundred (100) square feet in are or one foot (1') in depth. 5. Excavation or grading for agricultural purposes. (Ord. B, 9 19 1989) B. Small Scale Mineral Extraction Overlay District: The small scale mineral extraction overlay .Si S • S ,. 51.. •. • • _.• •. 1.S 'S, ••. •1 I. ••. 1 ••. •f •. •\ S. - Hip .. • •• a.•• -•, • .•.,• o • .S . • ••- •. .. - se • County State Aid Highway 42, and i JS 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 be unlawful for any person, firm or corporation to remove, store • . .- • , • r , 1 , _ s • r . . - n , • • - C • _ • • • , •s - h - •xis:n• s . • s in the Lar eS .1- Mit - •a •• 1 -r. Dis•• •S , •'s• in this Section without receiving, a permit for large scale mineral extraction. Such permits may only he issued in a zoning 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 he issued only under Section 11 -10 -4. , - •• • . i• • • li ,_ •s • • • u• n.• •_S • i•• s•.. be submitted with and considered simultaneously with an application for an interim use • - • • • • . - - . • • - 1 - : t o • • . • •• . • - .. • . • , • • • 11 .L. • 1. F,x-.avation for a foundation, cellar or basement of a building if a building permit has been issued, 2. Excavationby •. -C •.•• • C_• •• • •-s • •••• ••• .• • ••s •. ••• or maintenance of roads, highways or utilities, 3. Curb cuts utili hooku s or street o enin' for which another permit has been issued by the Cep 4. Excavation less than one hundred (100) square feet in area or one foot (1) in depth, 3 5. Exc.vation or grading for agricultural purposes B. T.arge Scale Mineral Extraction Overlay District. The large scale mineral extraction overlay 's • •s -s .• •s•- • • ,est• • ••• • •• '• • 11" o • • II • I 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, sometimes know as blacktop. This facility allows the combination of a number of aggregates, sand _ansl filler in the correct proportions, heated and finally coated with a 1 1 . 4 1 1 " • ft • "It sto • 4 - too' o() S. S' tSst MLL Berm - is a level space. shelf, or raised barrier separating two areas. Bathymetric or Hydrographic Charts - are_charts that show lake bottom relief or terrain as contour alled depth contours or isobaths and selected de s soundin Clean Fill — as defined in Dakota County Ordinance No. 110. • • r - s , •• • ,s tT)* S Sts• • tots • OisolOS cement and water, coats_the,,surface of the fine (sand) and coarse aggregates (rocks) and ••as •••• s O. • ;•—,- oo.SS,o .o ts Os Construction A e» tes or "A e te" - is a broad category of coanie_prticulate mated used in construction_ins-luding sand, gravel, crushed stone, slag, and recycled concrete. -Conveying (Conveyor) - is a common piece of mechanical handling equipment that moves ••, 11 .1- , •• ,1* • i.s•••) • 51 :1 —- lo: • ' • • t o ••S'eo • •• • , T 's 15 rocks or eravel, • Mininr- is minin and xcavation that takes lace above the >round water table EIS — is the environmental impact statement as defined by the Minnesota Environmental Quality Board Rules. FloatingDredge(DredOng) - is an activity iLminine that is carried out underwater with a chine - • ..• ed to excavate material from underwater and brin it t• h-r- II • 11 "SS" 1 • •8 .11 144 • ," S. Haul Road — is an internal private road used to transport material. Haul Route — is an external public road used to transport material. Mineral Extraction - is extraction of inorganic materials such as ore_gyavel or sand. Mining Buffer/Setback - is the distance a structure or activity must he from the edge of Formatted: Strikethrough EIS boundary line. • •• ss• • _ CI —S 4 S.sI lIS. ,'S" III • „ move from point to point allowing for shorter travel times and reduced emissions. Precast Cast Concrete Products - are roducts such as brid beams or Ian concrete • • • - or culverts that cast at a facility and later transported to a specific construction site after • to) •>- 11 4 " • O - 41 4 Ready Mixed Concrete Plant - is a facility that manjufacnures specifically designed concrete for delivery to a customer's construction site in a freshly mixed or plasticAinhardened state Reclamation /End 1 Jse - is the process of creating useful landscapes that meet a variety of • . • , 5 • _-s , S • S • • . S , 1 . ! , ! ! . • • . • . • 11 • • S .. , . • • ! • regrading, and placing cover soils, re- vegetation, and maintenance. Recycled Asphalt and or Agz to Products (R AP ) - are lef over or demolished concrete or asphalt products. These products are recycled (reproduced) and reused in production of new products or road base products used on construction sites. $creeping /Screening Plant - is a machine that takes granulated material and separates it into 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 hulk material handling p rocess. Stockpiles are normally created by a stacking conveyor. Stripping - is removing topsoil (black dirt). clay, timber, brush and waste aggregate products • •• e" • • • ! - 11 ! ! ' • - • S • - . • OS 1 . • S, • • . 1 • T , • - - 1 1 • production of high quality construction agf2-egates. Ton of Material - is a I J.S. short ton (2,000 pounds) of material. Topsoil - is the upper outermost layer of soil, usually in the to 2 to 8 inches. It has the highest concentration of organic matter and is where most of the earth's hiolo};ical soil activity occurs. T . k S . 1 - ' s . 1 , i • h , , k . w•• for .' >in. •••sreth - truck is of legal weight and or dimension, Wet Mining - is mining and excavation area that will take place below the ground water table Washing/Wash Plant - is a machine into which sand and gravel is conveyed, separated by size, washed. dewatered, and then sent to stockpiles for load out, D. Review Process - 1. Public Hearin _ • A uhlic hearin will be conducted for consideration of •ermit ,•• • , •,s • •.• • ,rinT •_ • !. • • •.. •._. u • - permits shall he the same as those for amendments as provided in section 11 -10 -11 of this chapter, 2. • . , • 11 - • • • • 1- • • . • • , • JD - . . , • . . • " n 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 proposed large scale mineral extraction permit is consistent with the comprehensive guide plan and the location is suitable in that the excavation, mining, processing_s_taapiling_or haulin of sand and zoi , - _ osits will not tend to create a nuisance or unreasonahly adverse land use impacts or exceed local, state or federal safety 5 and environmental standards on the adjacent properties. The a • • . • • . permit, at the applicant's sole cost, shall provide information to help determine the suitabili insludin> but not limited to a corn, • - • • •' 100 •. ILO I .Ir _S ..5 >.• . -5 .• •• - 5 - •. • S and land uses; existing elevations and percent of slope within and 300 feet I ••r •• i00 • • - .. EISbounda . • _ .• • i • •••• '•5•, statement, b. Environmental Impacts: An environmental impact statement (as defined by Minnesota F,nvironmen,tal Quality Board Rules) shall he completed for each rge scale gravel mining project proposed. The proposed project shall be so designed and operated as to minimize adverse impacts identified in the environmental impact statement. The environmental impact statem n shall he considered by the City Council prior to any final action on a large scale mineral extraction permit request. The ap • li , ' • n f r • s • 5• . • - •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. ,arge Scale Mineral Extraction Overlay District: The boundaries of th- ruposed large scaly mineral extraction operation shall he completely__within the large scale mineral extraction overlay district E. • • • - • t . e ._. • H • S: • ' . 0 0 ' . i • • . . S • a • • , • • 0 0 0 00 S . . include the following; 1 . 1. • r > . . S ••• . • o • - . • _ • • 8 . • ' • -. , i • • • r • r • S _ . 2. The name and address of the applicant, the owner of the land and the person or •.r• ..•• r. . 'n r • •..1 a • . •r - r ,i 3. The names and addresses of all adjacent landowners within one - fourth at x„ Wile. 4. • •_0r •• • r S•r .i•• 5. The estimated times recy•ired to complete the proposed excavation and rehabilitation, 6. • 1.•• - S• 1 'S• ••' •.•. •,r..S.. e • r•5 which the material shall he transported, 7. • 11 , • • - • ••s-• • - . . • • . 0 , s . 0 8 00 . 5 • ' • . , S /1 - • showingihe_presently excavated area, the area proposed to he excavate _luring the pramit4leriod. and the minimum and 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. • • , . .. • • • , •1_... • , • . 'St . • • • . • • • • • ' • . - . • . _ -- { Formatted: Double underline • • . • . ' • _ r - • , • - - ...II • . , . - 1 , • . .. • • . • s • . - s • - • . Formatted: List Paragraph, Add space between paragraphs of the same style, appropriate photozraphs, maps„ and surveys drawn to a scale of one inch equals 200 Numbered + Level: 1 + Numbering Style: 1, 2, feet and with a five -foot contour interval satisfactory to the engineer h- followin T: 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 ", operations are completed Tab stops: 1.5 ", List tab + Not at 1.8" b. The estimated period of time that the pit will be operated and a schedule Formatted: Indent: Left: 1 ", Hanging: 0.5 ", settin. forth the timetable for excavation and rehabilitation of land 1 in 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. The depth of all water bodies, the slopes of all slopes after rehabilitation and - Formatted: Indent: Left: 1 ", Hanging: 0.5 ", s .• .• Of u• ,•- -.•.• •.•.• >s.• -- - ,. _ •n i s - Tab stops: 1.5 ", List tab + Not at 1.8" be established. e. The five foot contours shall extend at least 200 feet beyond the boundary of Formatted: Indent: Left: 1 ", Hanging: 0.5 ", the operation or beyond the adjoining right of way, whichever is more Tab stops: 1.5 ", List tab +Not at 1 inclusive. .- - - - - - - Formatted: List Paragraph, Add space f. Ancillary and accessory use rehabilitation, reclamation, and restoration plan. between paragraphs of the same style, Line spacing: single, No bullets or numbering, Tab ▪ stops: Not at 1.8" A g. • - u , m . m sl • • - • • • - , •• . . • • . . • . - 1' - • • , • - s.. • - Formatted: Indent: Left: 1 ", Numbered + • • s • - • r h, - - • • . • • , • • • • r • 1. Th. Level: 1 + Numbering Style: a, b, c, ... + Start at: 6 + Alignment: Left + Aligned at: 0.5" + maximum slope of the reclamation area that is undevelopahle, such as the Tab after: 1" + Indent at: 1 ", Tab stops: 1.5 ", , • - I , _ _ • . .. • • • e . 11 • • T• -• -. .• .11 • n( s •- •, Listtab +Notat 1" two (2) feet horizontal to one (1) foot vertical. An slope , ,renter than three Formatted: Double underline (3) feet horizontal to one (1) foot vertical shall be designed by a licensed Formatted: Normal, Indent: Left: 1 ", No -•∎ • -• .•• .•• • • .• .• •J•.- bullets or numbering • Formatted: Indent: Left: 1 ", Numbered + h Ad to Water Bodies: For manmade oundwater lakes the bottom Level: 1 + Numbering Style: a, b, c, ... + Start at: 6 + Alignment: Left + Aligned at: 0.5" + contour shall be gradually sloping from the shoreline to the deepest portion Tab after: 1" + Indent at: 1 ", Tab stops: 1.5 ", of the water body at a maximum slope of ten feet horizontal to one foot . ., \:'. List tab + Not at 1" vertical (10:1) from at least fifty (50) feet upland from the proposed shoreline `11 Formatted: Double underline J to at least ten (10) feet from the proposed shoreline toward the center of the , I Formatted: Indent: Left: 0.5 ", No bullets or water body. Beyond ten (10) feet in horizontal distance, the slope of the n. numbering bottom contours may be no steeper than 2:1. Formatted: Indent: Left: 1 ", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 6 + Alignment: Left + Aligned at: 0.5" + ar9. • Tab after: 1" + Indent at: 1 ", Tab stops: 1.5 ", ..- :..,.,...... •m - - st„ wr,,:.�. m.....:..,r...e •m,„�..Y,.. �m.. List tab + Not at 1„ Formatted: Indent: Left: 0.5 ", Hanging: 0.5" 7 itrtgrWhen 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 study will include tests of soils and groundwater to determine the presence of contaminants on the site that will. or could be. released to the groundwater or the environment by mining or related activities. All contaminants of concern identified in the EIS and any other contaminants identified by the City Council will be studied unless the applicant demonstrates to the satisfaction of the City Council that such study is not warranted. The • 1 •r '• • , Si .a So, 1 •- • •r' a. Description of each groundwater excavation (size, shape and location), - 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 b. Description the location and construction 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" 19,c. Description of the proposed fill activi in size distribution, I Formatted: Indent: Left: 1 ", Hanging: 0.5 ", placement procedures), Tab stops: 1.5 ", List tab + Not at 1.8" ed. Description of the aquifer characteristig-s in the area of each groundwater 4 Formatted: Indent: Left: 1 ", Hanging: 0.5 ", excavation to be affected by proposed fill activity (aquifer thickness and Tab stops: 1.5 ", List tab + Not at 1.8" general geological setting. the. 11 • • •• / , • •• 41 • s . • , :i• • r • . • .. 1 . Formatted: Indent: Left: 1 ", Hanging: 0.5 ", regimes, Tab stops: 1.5 ", List tab + Not at 1.8" f. Description of a groundwater monitoring 91at3 including evidence. to the Formatted: Indent: Left: 1 ", Hanging: 0.5 ", City Council's satisfaction, that the proposed monitoring will provide timely_ Tab stops: 1.5 ", List tab + Not at 1.8" and effective notice of changes to the hydrology. the presence of contaminants of concern that were not previously identified. or the release, movement. or the threatened release of contaminants, 4 Formatted: List Paragraph, Add space Identify and describe all measures that will be taken to avoid potential between paragraphs of the same style, Line spacing: single, No bullets or numbering, Tab impacts on the groundwater from mining or related activities including, but stops: Not at 1.8" not limited to testin• monitorin• containment and miti• tion. Formatted: Indent: Left: 1 ", Hanging: 0.5 ", Tab stops: 1.5 ", List tab + Not at 1.8" eh. Identify the depth to Prairie Du Chien aquifer and determine the appropriate ., Formatted: List Paragraph, Add space e between paragraphs of the same style, Line separation between the mining activity and the aquifer. spacing: single, No bullets or numbering, Tab stops: Not at 1.8" Formatted: Indent: Left: 1 ", Hanging: 0.5 ", t Such other information as the C • es. • •• * •• - • ' •• . 1 . Tab stops: 1.5 ", List tab + Not at 13" Formatted: Indent: Left: 1 ", Hanging: 0.5 ", •..�,..�_,�..... »,.. ,���, ..�.�..,.. .:..... ,....••.,..s�,�,.:._..z......,. . Tab stops: 1.5 ", List tab + Not at 1.8" 8 x .............1...11 4.., fi ..,..1..,.n l . ,.i.. c_....,., .... ..u.._,.r_,.....w...�.,.. •. igittkriteitttttlithfit 10. Location of any and all existinlr wells and the size and depth thereof. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 10 + Alignment: Left + Aligned at: 0.5" + Tab after: 8:11. Surface water protection plan including a contingence response plan and employee � 1" + Indent at: 1" training to facilitate immediate and remedial response should any accident. release of ss., Formatted: Indent: Left: 1 ", No bullets or contaminant. or other spill occurs. numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 10 + 9,12. Such other information as the C�iry may from time to time require. including, but Alignm Left + Aligned at: 0.5" + Tab after: 1" +In a not limited to, the location or anticipated location of all stockpiles of agg7eg -based Formatted: Numbered + Level: 1 + construction debris material on the land for which the permit is desired, Numbering Style: 1, 2, 3, ... + Start at: 10 + Alignment: Left + Aligned at: 0.5" + Tab after: 1" + Indent at: 1" F. Accesso I Jses: Within a lar. • scale mineral extraction o eration the followin> 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. TruckTruck Washing. 5. n• 7 ••• ,• U • • •..••• • U, ••.• 6. Stockpiling. 5,7. Storage of Machinery used daily in the extraction area _ .- { Formatted: Double underline G. Ancillary I Jses: There are a number of uses and production facilities that either use • L• • 1 -. • • • • • • L • • _ -s • . • . • u • S' • • , _ \ • >' S mineral extraction operation but also generate issues_ nuisances and adverse land use impacts he and the scone of the operation itself The followitlg reerulations an ly to these ancillary uses to a large scale mineral extraction operation. 9 1. S' .••. C •. • •.•• .,. • •. - • -s, - s,••. s .• S• •••, S •!- •• • .• • • r .S , S •. • '.!• .S •••••. provided in section 11 -10 -8 of this chapter shall he applied for and approved for 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 be allowed during the entire duration of the operation. The decision whether to ant ant with conditions or den an a• lication for such an ancilla use is within the discretion of the City Council • Formatted: Double underline 2 Association With Mining Activity: An ancillary use may be allowed provided that Formatted: Normal, Indent: Left: 0.5 ", No any of the following conditions are meet: 1 bullets or numbering ▪ - Formatted: Double underline a. On a site that has an approved large scale mineral extraction permit in Formatted: Indent: Left: 0.5 ", No bullets or compliance with this section. -, numbering • Formatted 4b. In conjunction with large scale mineral extraction occurring within the ; - Formatted: Double underline approved EIS boundary. provided the adjoining municipality has approved Formatted: Normal, Indent: Left: 1 ", No the large scale mineral extraction and provided the ancillary use facility was bullets or numbering originally an interim use permit in conjunction with large scale mineral 'i Formatted extraction in the City of Rosemount. 2 3. Ancillary Uses Considered: The following is a list of ancillary uses that may he considered in association with a large scale mineral extraction operation and the issues and performance standards that shall be addressed within the interim use permit. a. Concrete Production: A plant for the production of concrete may he 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) s • 1: • ' • , • S! .. • • . ' • • J S . , . • 1• • • L_ S visibility from an adjacent residential use or a puh]ic right of way. This so, • , 11 1 ' 5 1 . • • • t • 1 1 , 1 1 .14S , 1 • • . •S vegetation, herming or setback. The minimum setback from any LEIS boundary lines • . • •.. • • • •' > 1 • • • . • • { Formatted: Strikethrough 2) Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete lan s. each concrete plant_shall have its own separate interim use permit. The primary ready mix concrete plant shall have the equipment,_except for silos and the conveyors that transport materials into the buildin • •s • • • • . •'- - -° _a °-� 10 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 sixty feet (60'). 5) Outdoor Storage: There shall he no outdoor storage of finished material or products. All equipment and raw material associated with the cement or concrete plant must he 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) . • . _ S • • • . • R : , - , • _ s • . • 1 S • . 1 • 01 • u . - 1 • • i1 1 1 1 \ R _ • 1 _ • R .1 _ 1 . 1. ' S S S • " • • 1! S S • ! S J . R by 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 resulting from the extra hours, 7) Haul Routes: Traffic • -nerated h this use shall utilize haul routes . • • • • 1 - C • • , 1 1 • 1 • • • ' - S . -• • 1 r1 • • a 1 - shall he responsible for road improvements and easements needed for ingress and egress subject to approval by the Ceity. The haul routes may require Dakota County Highway Department or the Minnesota Department of Transportation approval as well. b. •s• _ , • 1 . . ) n: ., • ,1 • I • • • 1 . : • 1 • . S • 1 11. • ' . - • . on a site that has an approved large scale mineral extraction permit in 1 • . , 1 • , • .S S " 1 • 1 1 . 4 1 . u • , f • • . " 1 _ • erfo • • e standards shall apply: 1) T,ocation: The asphalt plant and all equipment associated with it shall he located a minimum of six hundred sixty feet (660') from any non - aericultural zoned land. 2) - • 1 1 . 1 1 , - , , , , R 1 • . . - . • 11 - 1 . 1 1 1l, •11 S associated with it shall he set hack a minimum of seventy five feet (75') from anyrroper, EIS boundary line and screened by natural features -{ Formatted: Strikethrough J including herming or vegetation. Year round one hundred percent ( 100 %l opaque screening with earthen berms and landsca e shall be 011 •.11 . '1 • h- s 1S0 • -r -! 1 °0 • - 11 overall height and fifty percent (50 %) opaque to fifty percent 1° , • la-Wit of the plant as viewed from eye level fro„ surrounding right of way or roadways 3) Haul Routes: Traffic generated by this use shall utilize haul routes , ' , • •1 • • , • C ' • ., • • , • u • , S • , _- I u • , . • .1 11 • S , • • S . , • . • ' _!t , • „ • ' . ! • - .S . 00 • S 0" _ • - • mess subject to approval by the Cp. The haul routes may require Dakota County Highway Department or the Minnesota 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 he responsible for all costs associated with road improvements required to serve the use. 5) Material Stockpiles: Stockpiles associated with these uses shall he limited to a height of sixty feet (60'). 6) • . • • , -• , • s•, ,- ,• • . •• s • • • ,'s, ••. :. or products. All equipment and raw material associated with the asphalt plant must he 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, 7) n ' - s ' is: • s , • , to t:( • s s • , r , • , 1 • . 4 , . ; , i . •s Part 7011 for testing, monitoring and operational requirements. 8) Waste Byproducts: This use shall operate so as not to discharge onto the soils within the EIS houndary o a r•ss k us airs • the 1 Ht -EIS boundary line or thro Jh , on in • • - s ..soil within the 1s EIS boundary- or beyond the boundary line where such use is located, toxic or noxious matter in such concentrations as to he detrimental to or endanger the nuhlic health, safety, comfort or welfare; or cause injury or damage to property or business, 9) Odors: This use shall operate so as to prevent the emission of odorous m, s h .li • ,s • • • - . , - , • • , • ,,.:=.:■••:.:..M:.M•.06..;11. SAI -, li tcd E bounda � 10) S. • : •,•• Lis _ - s,, ono • o too: ,•-•, _.i•• 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 he limited to 7 a.m, to 7 p.m. Monday t Saturday unless s ecial permission is ante • 1 • . • • . n .. • . , • • • • ! 01 .5 , - •u•' . 1. u • . s • 12 operation may he conditioned on more restrictive performance 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 a roved lar. scale mineral extraction ermit in com fiance with this section. The construction and desityi of the maintenance facility shall comply with site lot, and building standards within Section 11 -4 -16 Paragraphs F and G. d. Casting Y red: A facility for the manufacturing of precast concrete products may he allowed on a site that has an approved largle scale mineral extraction permit in compliance with this section. The casting of the concret roducts • • .i ••. •.•_•• .• • •• r• >• •• • • S••. • outdoors. The City Council may approve the outdoor casting of oversized concrete products provided that the oversized products are to be used in a construction 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 yard that will exist longer than ten (10) years shall comply with site, lot, and building =r tandards within Section - r.••s .•• e. Aggregate Processing and Recycled Aggregate Products Production: The convey ng crushing, mixing, scree ing. and washing of aggregate and recycling concrete and asphalt may he allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the fo]lowing_performance standards shall apply: 1) • . •: •- • .• s•. _ • • . • •• S. • •s • •••••••• _. • S AS 's . S ' •_ •' r • •• , • • ' . - • r' S . i . .S' • . • . • ' f .. . i • 's be, c•,• list d hrou o••.r.•• 1 dsca in xisti _ vegetation, herming or setback, 2) Material Stockpiles: Stockpiles associated with these uses shall he limited to a height of sixty feet (60D, 3) ■•-• •• . -••' I. ••_ • •• •••• • -• • • U. • 7 .m. Monda throu. Saturda unless s ecial ermission is y ,nted b. the City 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 Agg negate Processing to Recycled Aggregate Products Production: To maximize the use of mined aggregate material and minimize i portin of recycled ma rial ransported from outside the , ' S • • • • _ • N • • • • 081. 0 • . '!i; . • • " % S . , : • -• aggregate product processing shall he established within the interim use permit. The ratio shall have a minimum of seventv4ercent (70%) 13 e,o to rocessin_ and a maximum of thirty percent (30 %) recycled T? T nr uctprocess in . The 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 operations shall he conducted within the confines of the excavation site described in the permit, 2. Access: Extraction operations shall only be allowed on sites that have direct access to a principal arterial,minor arterial, or collector street as desiiated in theLeitp of Rosemount comprehensive guide plan. A local street may be used if approved by th i o n il. 3. Setbacks: Setback boundaries shall he as follows. Where setbacks are measured from zoning district boundaries that occur along a public street right-of-way, the s •• _• • .•••, Stiff. • • • n c •, •.• ar• -• -., . a. Residential Zoning District: 350 feet b. Industrial, Commercial or Institutional Zoning District: 150 feet c. • . •. , ••'• s : • 1 • - 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. { Formatted: Double underline { Formatted: Normal, No bullets or numbering a. The hei Pub of all e•ui ment stock ilex and all other o erations exce t those described in subsection h and c below, within the permitted mineral extraction operation shall not exceed sixty (60) feet. This standard does not ,• _ • •- e• • • . . ti • - • , s-., .• •• .s- • •u' { Formatted: Double underline b. Formatted: Normal, Indent: Left: 1 ", No bullets or numbering 1/;./ mow: ,. � . • ,.. ` ^ ,.� `. .,A. .�... „7.. W ..:i 7 . The Cit 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 employed into the conveyors construction and installation. { Formatted: Double underline Formatted: Normal, Indent: Left: 1 ", No c. The _floating dredge shall not exceed seventy five (75) feet in heigh bullets or numbering 14 5. Appearance, Screening, and Berming: The mining shall he screened from any public trees, berming and installed landscaping, a. Fxistin r Tree Stands: The referred method of screenin• the minin• o eration is the maintainin r existin r stands of trees that would rovide a level of at least ninety percent (90 %) opacity. If the stand of trees does not • / _ 1.•'• -1 1°••. '\ •-• �i•1.. .• • .•' • orbermin shall he installed to provide ninety percent (90 %) opacity. An annual opacity audit of the tree stands shall he conducted and dead vegetation ,hall be n • . • .• • O. .• .• . /r orberminrse. • -'• . -. ••.'• .•• nine 90 %) opacity. The methodology 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. Berms shall he constructed in areas where the existing tree stands do not exist. The berms shall he 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, 6. Hours of Operations: a. Mining: The hours of operation shall he 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 ' • 1 • - SS • . • 10 S 1. • . . `.• . • Y .•, r• -• • _1 may grant special permission for extra hours of operation within the annual 'on,- 1 • . 1 . S • . • • • • , .' 1 1 n , 1 • • 1 . • 1 . • • • 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 he limited to 7 a.m. to Zp.m. Monday through Saturday. The City Council may grant ecial permission for extra hours of operation within the annual extraction permit. The extra hours of operation may he conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours of operation, c. Truck Hauling: The hours of operation shall he limited to 7 a.m. to 7 p.m. Monday through Saturday. The Community Development Director may . _ • • • . • , • • - , i • • • •• • .. . • •• • • • • •• • 1! Sundays annually provided the operator notifies the Community D - • • 11 ' • • • - • . 1 • • .. • - • ' . 1 1 1 ' a i • 1 The City Council mayprant special permission for extra hours of o eration within the annual extraction permit. The extra hours of operation may he conditioned on more restrictive performance standards, including but not 15 limited to the truck haul routes to address the adverse impacts caused by the extra hours of operation d. Staging Activities: Staging activities will he permitted one half hour before normal hours and one half hour after normal hours. Stain StaLing. activities • . li :• • ,•. ..'• x. ,ti .. • •S• • .o.ti t. • .•. other similar related actions. Trucks may enter the site within one half hour before the normal hours; however, nog•avel trucks may leave the site until normal hours of operation. After the P.M. normal hours of operation and within one half hour •ast the P.M. normal hours of o eration site clean -u• .•• -• -•• ••,. ••.• • ••'•...s 7. Slopes' a. �tiuniri 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 horizontal to one (1) foot vertical, unless a steeper slope is approved by_the City Engiineer. b. Berming• The public view or right -of -way face of the perimeter berms shall he slo • - • • • s • • • - _ • 4) feet horizontal to one (1) foot vertical. The extraction side of the perimeter berm shall he sloped no steeper than three (3) feet horizontal to one (1) foot vertical, 8. Noise: Maximum noise level at the perimeter of the LEIS boundary shall�omply with the limits or standards established by the Minnesota Pollution Control Agency and the I Jnited States Environmental Protection Agency. 9. ,v • - ssRo,.. ! . -tiff + S 111 , S . ••••• . . '•• ••- .i•n to any public roadway shall he paved with asphalt or concrete for a distance of at ti 1 f• • m , sur • • fr m minin' si• >f h • • li ri rh -. - . , o • •-mize dust conditions. During the annuals operatin4 *__ - kli ai w k tr --{ Formatted: Strikethrough •• ••, . - ,..'i• ,1•,i•_ ••)• a ,•. Of r: ,-'• • .•• • r • - • • h• Cc All . • • . >, .s •'. •.'•i• of ,'•. s•. treated with a dust retardant on a regllar basis as stipulated in the annual - _ - -{ Formatted: Strikethrough operating er i 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 S,•.. SS 5 1 /• -s•. • .•• • • • • 4 days with wind advisory. as defined by the National Oceanic and Atmospheric Administration's National Weather Service, the Community Development Director •• , • • • durin the time of wind adviso - • . • - ....:,.,..._,,,,....,, ,,,, dry minin _ operation cease operations to eliminate additional dust generation. 11. plosives: The use of explosives in the large scale mineral extraction operation is prohibited. 16 12. Surface Water Po lli • • • The ermittee shall re are a surface water rotection Ian to ensure that surface water quality is not impacted by the mining operation, accidents or spills within the EIS boundary. The muvn plans shall comply with the City's Surface Water Management Plan. Excavation operators shall comply with all applicable Minnesota Pollution Control Agency and Department of Natural Resources regulations and all applicable l Inited States Environmental Protection Agency reg .tlations for the protection of water quality. No waste products or processed residue, including untreated wash water, shall he deposited in any public waters of the State of Minnesota. 13. Groundwater: The excavation operators shall re . re a 1. oundwater monitoring plan to ensure that groundwater flow, level, or quality is not impacted. The Y • ... • a•• •ir • .r SI,. •••r .. • • • ,/111/// P II • Health resrulations. The groundwater monitoring plan may include the surface water monitoring of any created water body that is feed by groundwater including the monitoring of any water bodies or channelized waterways tributary to the created water body. 14. Wastewater: On site sewage treatment systems shall conform with City Code Title 9 Chapter 6, Dakota County Ordinance 113_ansl all applicable state and federal regulations 15. Topsoil: All topsoil located oar :;iteLvithin the EIS boundary before the mineral extraction operation begins, except the opsoil located over areas that are planned to he reclamated as open water, shall remain within boundaries of the operation. Additional topsoil may he retained to ensure that a minimum of 6 inches of topsoil is placed on all areas reclaimed and restored as dry ground 16. Landscaping: a. .•s • • ' - .r • s•, .- r - s - . - • •. ••. '•• • . • feasible, maintained or supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas. b. The p_ailic view and right- of -wav side of berms that are planned to exist . 1 . • • . • • . • a _ s ' • , r . • . . • • . .i • . .. • • \ • • • • • per 625 square feet. A minimum of 66% of the trees shall he conifers . - -{ Formatted: Double underline 437C. The City Council may consider staggering the tinting of the installation of the ` '' f Formatted: Indent: Left: 0.5 ", No bullets or landscaping if more berming is construction than is required to screen the t numbering phase of mining permitted with the annual operating permit. e,d. Berms that are planned to exist less than 15 years shall he landscaped with a standard MNDOT ROW mix, 17 the. • _ ,• -. S•, .- S• .' • , ._•• • -• - -. •!. .• •.• •.• • s •,l r,. • -•. - S,•S• .. ..•.•< S • rs•, he applied as needed until the vegetation has been established. e. t. 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 articles. 17. Maintenance of Mining Vehicles: a. All machinery shall he kept operational. b. • • , • . • 1 - . co, 1 ' • • , • _. 1. • • ' S • S _ _ • • •• • •• •• • - excavation site, c. All machinery shall he periodically inspected, repaired, and painted as need to prevent rusting or other deterioration of the machinery 18. Li utine; Any lighting shall he 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 sij ns or signals. ay-fro# { Formatted: Strikethrough -, r ` 'R. The level of lighting shall not exceed 1.0 lumen at the EIS boundary line. Formatted: Indent: Left: 1 ", No bullets or 19. Compliance with Other Governmental Regulations: The large scale mineral numbering extraction operation shall comply with all application Federal. State. and County laws and regulations. including Dakota County Ordinances No. 110 and No. 111. ;� Formatted: Double underline 20. Compliance with the EIS: The City shall determine permit conditions and p tj' p � Formatted: Indent: Left: 0.5", No bullets or requirements that address issues and potential impacts that include. but are not numbering limited to. those described in the EIS. The City Council may require additional studies or information on any issues that the Council determines were not adequately addressed in the EIS because the EIS does not contain sufficient detail for permitting purposes. because the proposed means of mitigation have changed, because new mitigation techniques are available. because new information has been discovered. or for any other reason. 18.21. Council Waiver: The City Council, at the time of issuance of the annual extraction • ermit ma waive or modi an of the rovisions in this section or im ose additional requirements if it finds that the plan of operation or other materials measures for standards consistent with the public _health, safety and welfare, I. Special Requirements: 1. Reimburse of City Costs: The permittee shall reimburse the Ceity for the cost of periodic insp r th ose of determining that the provisions of the PAP g P extraction permit and this Section are being; followed. The City may retain 18 consultants at the applicant's expense to evaluate the application requirements, monitoring and testing results. 2. • . . t o -s- • - , . • • , • So, .ose • o'C , ee,t • s' " site .e of, •, e• -• Se, • ,e't• ' routes.. It C •it so. Formatted: Strikethrough insnect the hau1$eftt1 routes proposed to be used bv the applicant or owner and - -- I Formatted: Strikethrough shall recommend to th Ceh_v Ceouncil necessary upgrading or repag-in of the haul routes • • • s • • •• 'cant or owner. The City Ceouncil shall :)rmatted: Strikethrough designate the haulpitekroutes and may consider the recommendations of the .--- Formatted: Strikethrough responsible city officials in the extraction permit issued to the applicant. It shall be •- stsesa • •- ,•• • ,t • • eet:s ••• .. routes ill _ - { Formatted: Strikethrough accordance with the provisions set forth in the permit. The ceity shall periodically inspect haul roads routes to ensure compliance with the permit. During the period Formatted: Strikethrough of, or upon completion of, the excavation operations, the applicant or owner shall ,k• ,n n- -ss, r • h- , - routes ,s r o - -d • Ceity, -{ Formatted: Strikethrough AB costs of inspection provided for in this subsection shall be borne by the applicant • • I •• S' s' t,. tt.A.,' routes - s • , S.0 • ,* •s . ---{ Formatted: Strikethrough - I Formatted: Not Strikethrough the Ceitv for any additional maintenance costs in- rred for public roads as a result of the mining operation 3. Gravel Production and Phasing: a. • • • • • • shall - • - • ttfthtfitirgithlittikti 437 irIT•M;■■m:•ii *** •■■■x■=kiiM;11/Iii ... ..,•100_0,11.:■71.1.•■•••••=0/ 10-1•.• UM. • TOPZLITM:., TtEM•rel..r.."1.4/ 01.i).M.P.F2.1;WI• • Wi_WV110 TA:10.5i .... ./%77% iw iSMejLBM.:6=WiL 1. r)Vd. Cf_■•■iiI;0*%Unie4iNV_ISIft=_Wv-i-MS'S fMMPnti,Mti(557reaalltilltlitft ). NiLM XtrOr I • I 4 shalLauthorize extraction o erations to he conducted in more than two (2) rthltSt",■ eighty (80) acre areas ofanextractionoperation concurrently, thc. No mineral extraction permit shall authorize extraction to be conducted on more than one hundred and sixty (160) acres at one time 4. Other Requirements as Determined by the Council: The permittee shall comply with such other requirements as the City Ceouncil shall from time to time dee • 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 rnanner_thenaining••• , .0e so, • .; • I • te:S's • le see •.s ' 19 2. Si ificant Trans ortation Corridors: The reclamation lan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation Fade as determined by the • shall he established within the entire designated right -of -way width for the appropriate roadway classification. Within twenty four (24) months of receipt of . '• • ••• • - \ •. •' •r, 1. A TA -• -.. S •• • either roadway and /or utility constriction, the permittee will complete minim within Inte rim Reclamation Plan, 3. Trunk 1 Itility Services: Within twenty four (24) months of receipt of written notice ••• • - .. • . • • •. : -• S \� - S. 1 _ • • . )•S •. •. . 1 • a.'• •• ,i•• . • r s•, I. • '• .• ,s-••-• h :lit construction, complete the mining within the easement, and reclaim the easement to • • • . S , • • •v- . . • 4 • - ••• -- . ••, i • • 1, • 4. Water Bodies and Drainage Plan: The City has an adopted Surface Water Management Plan which plans for the conveyance of surface water across the City, The mining operation shall allow for the conveyance of surface water within the approved mining areas as called for within the Surface Water Management Plan 5. • '••: .1 1.001 .•' • 1•• 1.•_• - R••_ ,11_,!11•,• which rovides reclamation _ , • • s • ty (80) acre phases that would allow • .L • . .S' "_', •.• - .OS I. 6. End Use Grading Plan: The Comprehensive Plan anticipates that the ultimate use for the entirety of the City is urban development. To accommodate this ultimate use Arid allow for orderly development, the nermittee shall provide an end use grading plan that can reasonably accommodate urban development. For mining operations that are expected to require more than twenty (20) years to complete, the City Council may approve an end use grading plan for the area that is expected to he completed within twenty (20) years. The City Councilshall not approve an annual eratin • ermit for an area without an a roved end use y adin r_ lan, 7. Removal of Building;, Structures, and Vehicles: Within eighteen (18) months of the reclamation of each phase, all buildings., structures and plants incidental to that phase of operation shall he dismantled and removed by and at the expense of the sand and gravel producer last operating the building . structure or plant or the owner of the property, unless the stnrcture or use is compatible with the anticipated ultimate use S • .*I •• , • • • • • • • - Ceity with the costs for the removal charged to the permittee or the owner of the property, 70 8. Haul -back Materials and Operations: The City Council may permit the depositing of clean and compactahle inorgnic fill that is able to support urban development to achieve the reclamation grades. TheTermittee shall submit a haul -hack management plan that inslvdes the types of fill that shall he deposited, where the fill comes from, and what testing, of the fill shall occur. The testing; result for the material proposed to be used as fill shall be submitted to and approved by City staff before the fill material is transferred within the EIS boundary. All fill deposited within the mining operation must he able to support urban residential development 9. Duration of Mining and /or Ancillary Uses: To provide for the orderly development of the City. the City Council shall_desermine the duration of the mining or ancillay use within the interim use permit, K. Annual Operating Permit: 1. Put ose of the Annual Operating Permit: A large scale mineral extraction operation may extend for years or decades to complete. The purpose of the annual operating permit is to provide an opportunity for the City Council to review the operation of 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 zoning basis for the mine provided the Ceity issues an annual operating permit, 2. •••' ,i•• . •• ■ .• ►• • •• ... T• '•• • •' i 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 tndre_City Ceouncil. 3. Area without an Fnd 1 Ise Grading Plan: The City Council shall not issue an annual operating permit for an area without an approved End 1 Jse Grading Plan that •p••••. • S . .. •! • 4. Duration of Operating Permit: The large scale mineral extraction permit shall run • •• .. • • • _ • • 1 - , • • - • • . . , of - . • • - SS • • - o" • • : n • as the City Council may specify at the time of issuance of the extraction permit. If the extraction permit is to run for less than a full year, the fee shall he prorated as determined by the City Council. 5. O zerattng Permit Fee: The fee for large scale mineral extraction permit shall be as established from time resolution of the Ciry Council, 6. Inspections: The City may inspect all mineral extraction sites where a large scale mineral extraction permit has been issued. The operator or owner of any large scale mineral extraction operation found in violation of the requirements of this title or its 21 extraction permit shall remedy such violations within the time specified by written notice from the City, 7. '•,• ', ••• ••Ci C -•. s•, - •" ,••' ,• • ..•- • •- premises on which the excavation operation is located to post a surety with a surety • . • - • • C ' • ,s • s • . erformance bond • t - • - •' f"security ") in an amount and source determined by the City Coouncil, in favor of • •" • ••• ••• - • •, • C • •- •ss.• • •s- • -•.•• •" s where such repair work is made necessary by the special burden resulrinl from hauling and travel, and removing material from any pit or excavation, and • _ . • " . - 1 . • ' ' .. • • . • - • 1 ' 1;118' • ' • 110 . ' • ._ • - • •• • s • • ,., Section 11-10 -4 -1 . • • • • . , i • • r •n• . • • to pay any expense the C -. • •• . . • • . s • • • •. • r . • •' • r • • • • - done by any applicant to whom a permit is issued. The security shall remain in full e .n - -ff- or . minim _ - of • • . -r , • • n f • - xtra ion Formatted: Double underline • •n' .s , . • • • • • uired rehabilitation as well as the other requirements r Formatted: List Paragraph, Numbered + herein provided. The surety bond will he based on the number of acres requested Level: 2 + Numbering Style: A, B, C, ... + Start at: 11 + Alignment: Left + Aligned at: 0" + Tab within the annual renewal extraction permit, the amount of acres that have not been after: 0.5" + Indent at: 0.5" reclaimed to the end use . din r Ian elevations and an amount that can he Formatte list Paragraph, I ndent: Left: 1" immediately withdrawn for the special burden of street repair or to replacement il Formatted: List Paragraph, Indent: Left: 1.5" ' • s . • . • • s , 0 r - • • t. • c am: rehabilitation measures will , Formatted: List Paragraph, Indent: Left: 1 ", he determined and a security will he required as long, iarehabilitation ,; Hanging: 0.5 ", Tab stops: 1.5 ", List tab + Not measures are not completed. at 2" Formatted: List Paragraph, Indent: Left: 1.5 ", • • • • • ; No bullets or numbering City annually a Certificate of General Liability Insurance issued by insurers duly „j Formatted: Double underline licensed within the State of Minnesota. The City Council shall determine the 1; Formatted: List Paragraph, Indent: Left: 1 ", appro riate amount of liahili insuranm dhri • the annital permit renewal Hanging: 0.5 ", Tab stops: 1.5 ", List tab + Not at 2" L. Enforcement: Formatted: Font: 9.5 pt Formatted: Indent: Left: 0.5 ", No bullets or : numbering, Tab stops: Not at 2" 1. Notice of Violation: Whenever the city fords that the permittee has violated a prohibition or failed to meet a requirement of this section. the authorized Formatted: Font: 12 pt enforcement agency may order compliance by written notice of violation to the Formatted: List Paragraph, Indent: Left: 1 ", pemuttee. Such notice may require without limitation- at grog: 0.5 ", Tab stops: 1.5 ", List tab + Not .;It; Formatted: Font: 12 pt a. The performance of monitoring. analysis. and reporting; r ; : r Formatted: Font 12 pt b. That violating practices or operations shall cease and desisti r Formatted: Font: 12 pt, Double underline Formatted: Indent: Left: 0.5 ", No bullets or c. The abatement or remediation of contamination or hazards and the . - numbering, Tab stops: Not at z" restoration of any affected propern-; , Formatted: List Paragraph, Indent: Left: 1 ", - - Hanging: 0.5 ", Numbered + Level: 4 + •' Numbering Style: a, b, c, ... + Start at: 1 + d. The notice shall state that the determination of violation may be appealed to - Alignment: Left + Aligned at: 1.75" + Tab the city administrator by filing with the city clerk a written notice of appeal after z" + Indent at 2", Tab stops: 1.5 ", List tab +Not at 2" within seven (7) calendar days of service of the notice of violation - - - - Formatted: Double underline Formatted: Indent: Left: 0.5 ", No bullets or numbering, Tab stops: Not at 2" 2. Appeal of Notice of Violation: Upon receiving a notice of violation. the permittee - Formatted: List Paragraph, Indent: Left: 0.5 ", may appeal the determination of the authorized enforcement agency. The notice of Hanging: 0.5 ", Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + appeal must be received by the city clerk within seven (7) calendar days from the date Alignment: Left + Aligned at: 1.38" + Tab of the notice of violation. Hearing on the appeal before the city administrator or the after: 1.5" + Indent at: 1.5 ", Tab stops: 1 ", city administrator's designee shall take place within seven (7) calendar days from the List tab + Not at 1.5" date of receipt of the notice of appeal. The decision of the city administrator or city administrator's designee shall be final. { Formatted: List Paragraph, Indent: Left: 1" J 3. Enforcement Measures after Appeal: If the violation had not been corrected 4 } Formatted: List Paragraph, Indent: Left: 0.5 ", pursuant to the requirements set forth in the notice of violation. or. in the event of Hanging: 0.5 ", Numbered + Level: 3 + appeal. within fifteen (15) days of the decision of the municipal authority Numbering lignm t: Style: A1, ligned 2, 3, . +1.3 1.38" 1 + an a pp ( ) y p �� Alignment: Left + Aligned at: 1.38" +Tab upholding the decision of the authorized enforcement agency. then representatives after: 1.5" + Indent at: 1.5 ", Tab stops: 1 ", of the authorized enforcement agency shall enter upon the subject private property List tab + Not at 1. and are authorized to take any and all measures necessary to abate the violation Formatted: Double underline and /or restore the property. It shall be unlawful for any person. owner, agent or - Formatted: Indent: Left: 0.5 ", No bullets or person in possession of any premises to refuse to allow the government agency or numbering, Tab stops: Not at 1.5" designated contractor to enter upon the premises for the purposes set forth above. ,/ , Formatted: List Paragraph, Indent: Left: 0.5 ", Hanging: 0.5 ", Numbered + Level: 3 + 4. Cost of Abatement of the Violation: Within thirty (30) days after abatement of the • Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Tab violation. the owner of the property will be notified of the cost of abatement, after: 1.5" + Indent at: 1.5 ", Tab stops: 1 ", including administrative costs. If the amount due is not paid within a timely manner List tab + Not at 1.5" as determined by the decision of the municipal authority, the enforcement agency , Formatted: Double underline may levy the charges as a special assessment against the property. which assessments Formatted: Indent: Left: 0.5 ", No bullets or shall constitute a lien on the property- for the amount of the assessment. The numbering, Tab stops: Not at 1.5" • permittee violating any of the provisions of this section shall become liable to the , Formatted: List Paragraph, Indent: Left: 0.5 ", city by reason of such violation. Hanging: 0.5 ", Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Tab 5. Legal Action: It shall be unlawful for the permittee to violate any provision or fail to ✓ after: 1.5" + Indent at: 1.5 ", Tab stops: 1 ", comply with any of the requirements of this section. If the permittee has violated List tab + Not at 1.5" and continues to, violate the provisions of this section. the authorized enforcement , Formatted: Double underline agency may petition for a preliminary or permanent injunction restraining the Formatted: Indent: Left: 0.5 ", No bullets or permittee from activities which would create further violations or compelling the numbering, Tab stops: Not at 1.5" pemutee to perform abatement or remediation of the violation. or seek any other Formatted: List Paragraph, Indent: Left: 0.5 ", Hanging: 0.5 ", Numbered + Level: 3 + available remedy in law or equity. Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Tab • • after: 1.5" + Indent at: 1.5 ", Tab stops: 1 ", G. C ompensatory Action: In lieu of enforcement proceedings. penalties. and remedies List tab + Not at 1.5" authorized by this section, the authorized enforcement agency- and violater may Formatted: Double underline agree on alternative compensatory actions. Formatted: Indent: Left: 0.5 ", No bullets or • numbering, Tab stops: Not at 1.5" Nuisance: In addition to the enforcement processes and penalties provided. any Formatted: List Paragraph, Indent: Left: 0.5 ", condition caused or permitted to exist in violation of any of the provisions of this Hanging: 0.5 ", Numbered + Level: 3 + section is a threat to public health safe tt•. and welfare and is declared and deemed a Numbering Style: 1, 2, 3, ... + Start at: 1 + nuisance, and may be summaril • abated or restored at the violator's expense. and /or after: Alignment: .5 + It + Indent at: 1.5", Tab + Tab may y it ense p after: 1.5" + Int at: 1.5 ", Tab stops: 1 ", a civil action to abate. enjoin. or otherwise compel the cessation of such nuisance List tab + Not at 1.5" may be taken. { Formatted: Double underline " Formatted: Indent: Left: 0.5 ", No bullets or 8. Cr iminal Prosecution: The permittee that has violated or continues to violate this numbering, Tab stops: Not at 1.5" section shall be liable to criminal prosecution to the fullest extent of the law. and { Formatted ( ... 11l 23 shall be subject to a criminal penalty in accordance with section 1 -4 -1 of this code. The authorized enforcement agency may recover all attorney fees. court costs. and other expenses associated with enforcement of this chapter. including sampling and monitoring expenses. f . Formatted: Double underline Suspension or Revocation of Permit: Formatted: Indent: Left: 0.5 ", No bullets or numbering, Tab stops: Not at 1.5" ■ a. The City Council may suspend or revoke a permit issued under this section '•S Formatted: List Paragraph, Indent: Left 0.5 ", upon a finding of a violation of any of the provisions of this section or Hanging: 0.5 ", Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + violation of any condition of the annual operating permit. Alignment: Left + Aligned at: 1.38" + Tab after: 1.5" + Indent at: 1.5 ", Tab stops: 1 ", b. A revocation or suspension by the City Council shall be preceded by written �', l List tab +Not at 1.5" notice to the permittee and a public hearing. The written notice shall give at t Formatted: Double underline least eight (8) days, notice of the time and place of the hearing and shall state V., , Formatted: Indent: Left: 0.5 ", No bullets or numbering, Tab stops: Not at 1.5" the nature of the charges against the permitee. The notice may be served upon the permittee personally or by United States mail addressed to the most Formatted: List Paragraph, Indent: Left: 1 " Hanging: 0.5 ", Numbered + Level: 4 + recent address in license application Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Tab Section 8. This Ordinance shall be in effect following its passage and publication. after: 2" + Indent at: 2 ", Tab stops: 1.5 ", List g P � P tab + Not at 2' Formatted: List Paragraph, Indent: Left: 1.5" Adopted this day of , 2012 by the City Council of the City of Rosemount, Formatted: List Paragraph, Indent: Left: 1 ", P - Y Y tY tY Hanging: 0.5 ", Numbered + Level: 4 + Minnesota. Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Tab after: 2" + Indent at: 2 ", Tab stops: 1.5 ", List tab + Not at 2" I Formatted: Double underline By: William H. Droste, Mayor ATTEST: By: Amy Domeier, City Clerk Published in the Rosemount Town Pages the day of , 2012. 24 Page 23: [1] Formatted ehz 4/20/2012 12:45:00 PM I List Paragraph, Indent: Left: 0.5 ", Hanging: 0.5 ", Numbered + Level: 3 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Tab after: 1.5" + Indent at: 1.5 ", Tab stops: 1", List tab + Not at 1.5" Lar"P Scale Mineral Extraction Overlay Distract t S :� � , � f�� � � : � �,�. an, � any . y - � ,R . _�,�� :.. j. ill: ��.'�, kw `A�� � � e p„��c i �� '", !-� ti* 4: i 1 : F 1 r M ✓ .4$* 1 1 i4I li ti l 010 it Rig ""-'1 t � , - � vt 0. .11181 a 4i i� �' .a ; � Cr! �- r' ' t Cil - .mint � f a aa77. . / i ilil 7 L r , _ _ 2 r ,.bZ �'� �O r �� � � tr�i11�3�iill� � �� ;��• .......k . • �.�.� _ i i 1 ., 7 f? : ir ii , , ,,..±.4, 11P p::. 7 , N. � I �� -,1 Z11 i lea " in, g► I *ISO w , LI; '. r M 1 livi � � • 4 1 � ' .- d '1 !.T1} i 1 ; III � l'.•",, �; , t � -, i x•633 •_ eq, - .ili..: r) _ -- I !" i ii • T ;.k.. • • Y Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Mao Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 1600 feet appraisal, survey, or for zoning verification. PHASING PLAN - 9/28/2011 • . ` WE . 1 ROSEMOUNT 1 DRY NING - MI PHASE 1 1 1 _ . , a Is at nstlxi,4 D II RY MINING PHASE 2 1 < i ,, , r .... . ROSEMOUNT 1 ROSEMOUNT r I ROSEMOUNTI ORY MINING DRY MINING I DRY MINING' PHASE 4 1 PHASE 3 , .. PHASE 5 y f 1 • I • 1 ■ 1 . ROSE4OL,NT I CRY NNW; I 1 ten' r. 1 PHASE 1 .- 7 1 R05 Iu )NT 1 1 1 1 1 : ORY MINING 1 1 ' 1 PHASE 8 i y :.x=. OSEMOUN1 1 I p t 1 1 1 _ I P - PHASE 11 I r . ...a. ROSEMOUNT 1 T . r .....1 ORY MINING 1 1 PHASE 9 1 1 1 1 1 1 mil '1 ' ROSEMOUNT 1 1 DRY MINING PHASE 10 1 ROSEMOUNT 1 1 DRY/WET PTE S MINING 1 1. 1 ;': , ,, Ae l ti. , 4 45 ' ; ' , 4' -, ,, ;.-.$ '. i'd-j 7 ' 7 3 : j 4 ROSEMOUNT ROSEMOUNT RDSEMQUNT ROSEMOUNT DRY/AST AMINO DRY/WET MiNING1DRY/WET VINING DRY/WET MINING \' 7 . 'L �l � }� PHASE 4 PHASE 1 1 >- .QNASE'. PHASE 1 „ ^va T e'k '-' *, `, x 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 „--- ,. ?c) . ,4,--e1A-eA) i --) j __ i (Zei4,/ • - 1 . 12) a7744-14G ""C--0-z-ey t i 7; ' 4 / a „ , , a c,,d-c-2;4.-fi7 - ?C /ii 4 ,-- ,/ / / / "),".4.,,,.. 6-4-64 - 2 0 :0;-ottitt‘r_"Tve-e-e±/) / ' 2 4 . Ze . e > - - .2.-e-L-Q ...e i -- ze—i--1--c-- 7 77,,,,,....y.---/---L-ti /7 - ..--/-z-e---7-z-A---,-/--W 62----7-4X-` a A..)/i- • '/ -.71/4--1-.71/ _1-://§: i/ 7„), ) / i y 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 28 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. '_ ._., Cie( -11; _' I Y� 1y 3 1 losemOunt/ 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 Imailto:vlarrysmithl @cox.netl 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 36T5 C(Lo55, oz cr. /<(I A Notes for 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 U` -a+ f t4 same that Fischer Aggregate has in place along Highway 46 (Cobblestone neighborhood) /$)t9 k2 o The dust will carry for miles, which is common in limestone mining. With limited pe4.6 physical barriers, this dust will travel freely until the wind is disrupted by the homes in - ►'�t its path. ct , o The berm is essential however, 10 feet is not high enough along Highway 42 due to the elevation change along 42 at Auburn Avenue. , • 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 j mailto :jordanmillington(a>gmail.coml Sent: Friday, March 09, 2012 2:40 AM To: Rosemount Mayor Cc: jordanmillington(agmail.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." 4.4 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 Dear Mr. Zweber, Environmental Mgmt. Department 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 /Lawlustice /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, A ir\nl/J-44 5- vt--- Lynn Thompson, Director Physical Development Division Cc: Commissioner Willis E. Branning, District 7 Brandt Richardson, County Administrator c: Pr,r:ted o ;ilea paper .,ith ;0 %port consumer +..ixe. nri .ouni 5P'(,e Jeurr er.rrm? 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 and 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. April 16, 2012 Eric Zweber Senior Planner City of Rosemount 2875 145th St W Rosemount, MN 55068 Thank you for meeting with me last Wednesday to discuss my concerns with the Draft Ordinance Relating to Large Scale Mineral Extraction. I recognize the some of my concerns will not be addressed in the ordinance but will be addressed in the permits to be issued relating to the mineral extraction and ancillary uses. This letter is a summary of our main discussion points. Definition of Clean Fill 11- 10- 4 -1(C) The definition of Clean Fill as defined by Dakota County Ordinance No 110 will be added to the Definition Section. Environmental Impacts 11- 10- 4- 1(D)(2)(b) We discussed the need for the City to contact all the agencies that commented on the EIS to determine if they were satisfied with Umore's response to their concerns stated in the Final EIS. Street Sweeping 11- 10- 4- 1(G)(3)(b)(2)(c) I understand that street sweeping is covered under building standards in another ordinance, I have notes that you were going to check on this. Ratio of Aggregate Processing 11- 10- 4- 1(G)(3)(e)(4) do not agree with limiting the amount of recycled aggregate product to 30 %. The City of Rosemount should be encouraging as much aggregate recycling as feasible. Top Soil 11- 10 -4 -1 (H)(15) Six inches of topsoil is required, I propose requiring 10 inches of topsoil underlain by 26 inches of soil placed on all areas reclaimed and restored as dry ground. According to the soil boring records in the Large Scale Mineral Extraction Overlay District, currently there exists approximately 18 inches of topsoil with an additional 18 inches or more, soil underlying the topsoil. The ordinance is requiring that all the topsoil remain on site, except topsoil located over areas planned to be reclaimed as open water. Dust Control 11- 10 -4 -1 (H)(9) I suggested changing the last sentence from "...treated with a dust retardant on a regular basis..." to "...treated with a dust retardant as needed... ", you explained the concern you had with an operators interpretation of this and I am fine with leaving the ordinance language as is. I shared with you a fact sheet from the Missouri Dept of Natural Resources titled Dust Suppression on Unpaved Roads. I expressed my concerns about chloride used as a dust suppressant on the gravel roads associated with the mining. Elevated levels of chloride could impair the mine -pit lake. The fact sheets offers alternatives to using chloride to suppress dust that may have less of an impact to surface water, animal and plant life. The permit language should encourage the use of non -toxic product for dust control. Haul -back Materials and Operations 11- 10 -4 -1 (J)(8) We agreed that only clean fill as defined by Dakota County will be allowed to be used as fill both above and below the water table. You added ordinance language that the soil test results will be submitted to the City for prior approval, before the material can be brought to the site. I really appreciate this proactive approach which is consistent with how other agencies address fill. The review of the soil test results would entail knowing the volume, origins, historic land use, physical and chemical characteristics of the source material so that it can be determined that the correct parameters were analyzed for. In addition, the laboratory detection levels need to be reviewed to determine that they do not exceed applicable soil standards. Inspections 11- 10- 4- 1(K)(6) City staff should research all the applicable Federal, State and County rules that they will be required to enforce given the city's land -use authority over the mining operation and the ancillary uses. We discussed that the existing small -scale gravel mines in Rosemount are inspected by Planning Staff in the spring and fall. I would like to see more frequent inspections of the large -scale mining operation and ancillary facility than twice a year. Groundwater monitoring plan 11- 10- 4- 1(E)(9)(f) Groundwater monitoring plan was moved to section 11- 10- 4- 1(E)(9)(f) which is a better fit. I understand that the groundwater monitoring plan must be approved by the Planning Commission and the City Council. Drinking & Surface Water Concerns I wanted a section added to the ordinance to require a Surface Water Monitoring Plan. What we know from the Umore Mining Area EIS, that the mine -pit lake is proposed to be excavated to a depth of 180 feet to the top of the Prairie du Chien Group (OPDC) Aquifer. Barr Engineering determined through a pump test that this aquifer is hydraulically connected to the Jordan Sandstone Aquifer which is the sole source of drinking water for the City of Rosemount. My notes from our meeting state that we can require sampling in the future, so I believe that would be made a permit requirement. The City of Rosemount had Barr Engineering delineate the Drinking Water Supply Management Area (DWSMA) incorporating a 10 Year Fracture Flow Capture Zone. The City could have had a 20 Year Fracture Flow Capture Zone delineated, this may have resulted in a DWSMA which incorporates the proposed Auxiliary Use Facility. It is my understanding when you referenced Ordinance 11 -6 -1(3 & 4) that the AUF will be required to have an impervious surface such as asphalt or concrete which will limit contaminants from entering the drinking water. To allow mining in the DWSMA to the top of the OPDC put the city's drinking water at risk for contamination and degradation. The City now finds itself in a position of attempting to protect the City's drinking water resources, threatened by the gravel mining and ancillary use operations. The ordinance should include language requiring a buffer between the final mining elevation below the water table and the top of the OPDC. Hydrogeologists should be consulted to determine an adequate buffer thickness to protect the OPDC. An Emergency Preparedness Plan should be required to respond to spills or other release of contaminants that may threaten the mine -pit lake from releases to the environment. County Road 46 will intersect the mine -pit lake; special provisions and equipment would be needed to provide spill containment and control. While I understand this requirement can be in the permit, it would be nice to codify it in the ordinance. Revocation of Permit There is no language in the Draft Ordinance Relating to Large Scale Mineral Extraction describing the process to revoke any of the mining or ancillary use permits. The city should have authority to immediately stop any of the three violations without first seeking judicial enforcement: 1) mining outside of permitted phase; 2) violations causing immediate danger to environment or to public's health, safety, or welfare; or 3) unauthorized removal of topsoil from the permitted site. The City of Rosemount Ordinance for Water Resources Management has a Penalty Section, a similar one would be appropriate for this mining ordinance. Contamination We did not have time to discuss my concerns for potential contamination and releases associated with the past land uses as a Department of Defense facility and agricultural research activities conducted that have not been adequately addressed. The known and suspected sources of contamination including dumpsites, areas of unspecified filling, feedlot operations and manure handling areas and sewage sludge application areas must be evaluated and addressed in advance of phased mining . The entire Large Scale Mineral Extraction Overlay District is located within the boundaries of the former Gopher Ordnance Works. This property is an active Formerly Used Defense Site and is subject to investigation and remediation under CERCLA (Superfund) and MERLA (State of Minnesota Superfund) requirements. The ordinance must include language requiring that each phase of the mining be preceded by an environmental review and assessment conducted in conformance with applicable sections of CERCLA, the National Contingency Plan (NCP), and applicable EPA and MPCA guidance and subject to review and approval by the MPCA. As a Planning Commissioner it is very difficult to make land -use decisions without knowing if the proposed mining and proposed ancillary uses are a land -use consistent with the current status of the site as a Superfund site. Please feel free to contact me to discuss any questions you have regarding my comments. Sincerely, Vanessa Demuth Planning Commissioner MEMO TO: City of Rosemount Planning Commission FROM: Dakota Aggregates, LLC DATE: April 18, 2012 RE: Subparts (J)(2) and (J)(3) of Rosemount Large Scale Mineral Extraction Ordinance Section 1. Background. This memo deals with Subparts (J)(2) and (J)(3) of the proposed Rosemount Large Scale Mineral Extraction Ordinance. The version submitted to the Planning Commission by City staff at the end of March 2012 read as follows: 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. 1 Dakota Aggregates, LLC (Dakota Aggregates) suggests a modification that would read as follows: 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 either shown on the City's Comprehensive Plan or shown on a proposed amendment that has been submitted by the City to the Metropolitan Council. 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 either shown on the City's Comprehensive Plan or shown on a proposed amendment that has been submitted by the City to the Metropolitan Council. The reasons for the suggestions of Dakota Aggregates are as follows: 1. Subparts J(2) and J(3) allow the City, upon notice to the operator, to require the operator to complete mining and reclamation in the areas of collector and arterial roadways and in the areas of trunk utility lines. If construction of the collector /arterial roadways and trunk utility lines is in sync with the mining plan such that mining is scheduled to occur before the public improvements are constructed, then the provisions of Subpart (J)(2) and J(3) will not impose an undue hardship on the operator. On the other hand, if the City schedules the public improvements prior to the operator having mined the area, then Subparts 2 (J)(2) and (J)(3) will require the operator to significantly alter the phasing and mining plans in order to accommodate the public improvements. The ordinance Ives the operator only two years to make all of these adjustments. p Y ustments. Y J 2. If the City is reserving the power to alter phasing and mining plans to accommodate these public improvements, then, at the very least, the City should have gone through the deliberative process of including the public improvements in the City's Comprehensive Plan or in an amendment that the City has submitted to the Metropolitan Council. 3. State law (Minn. Stats. §§ 473.859; 462.352, Subd. 7 and 462.356, Subd. 2) require that these types of major public improvements be shown on the City's Comprehensive Plan before the City begins construction. 4. Dakota Aggregates is not asking that final Comprehensive Plan approval occur prior to the City sending notice to Dakota Aggregates. Final approval cannot occur until the Metropolitan Council approves the City's proposed amendment. Rather, Dakota Aggregates is asking that the notice not be given until the City has at least submitted its proposed amendment to the Metropolitan Council. This should alleviate any concern on behalf of the City that notice to Dakota Aggregates would be delayed because the Metropolitan Council has delayed its approval. 5. Dakota Aggregates merely wants the City to have engaged in a deliberative process that allows for planning commission review, public hearing and action by the City Council to submit the amendment to the Metropolitan Council. Before the government tells the operator to make substantial changes, it makes sense that the government (the City) has at least decided in a formal manner that the public improvements are integral to the City's plan for the future (the Comprehensive Plan). We believe the modification is a modest and reasonable proposal. Thank you. 3 MODIFICATIONS REQUESTED BY DAKOTA AGGREGATES, LLC TO CITY OF ROSEMOUNT DRAFT ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION OVERLAY DISTRICT (March 13, 2012) 1 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 ( ) o on term mineral extraction g 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 large scale mineral extraction permit in compliance with this section (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. 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 m anuf a cturing processing. The actual production ratio shall be reportcd 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 are not installed more than twelve (12) before operation to construct the stockpile . 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 g eneration. 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 1(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 of b. A mineral extraction permit for the first phase of an extraction operation shall be • -• - • . • - . • . - eighty (80) acres. An extraction permit for phase • two (2) or subsequent phases of a mineral extraction operation shall not be issued 15 • . • • • - • .. • - _ 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. -- • - . .. - - . - . - - previous phasc is stabilized, reclaimed and re vegetated. The phase may be further divided into sub phases to ensure that no morc than a total of one hundred sixty (160) acres of mining-is open and that no morc than eighty (80) acres arc open in any single ar a. 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 title 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 mi4gatien 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