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Home My WebLink About9.a Request by Dakota Aggregates for a Text Amendment to Allow Large Scale Mineral Extraction, Case 12-02-TA �� 'lO�� EXECUTIVE SUMMARY CITY COUNCIL 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 , Lar e Scale Mineral Extraction PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. �.a. ATTACHMENTS: Large Scale Mineral Extraction Ordinance; APPROVED BY: Summary Publication Resolution; Fee Schedule Amendment Resolution; Redlined Large Scale Mineral Extraction Ordinance; Large Scale Mineral Extraction Overlay District Map; Phasing Plan 9/28/2011; Excerpts of the February 28, , March 27, and April 24 P{anning Commission Meetings; 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; E-mail from Leslie Everett; Dakota County Comment Letter dated March 19; Letter from Commissioner Demuth dated April 16; Dakota Aggregates LLC Comment Memorandum dated May 9; Modifications requested by Dakota Aggregates dated March 13. RECOMMENDED ACTION: Motion to approve Ordinance No. B-223 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. Motion to adopt a Resolution approving authorizing publication of Ordinance No. B- 223 amending Ordinance B, the Zoning Ordinance, relating to the Large Scale Mineral E�raction. Motion to adopt a Resolution amending Resolution 2011-101 a Resolution approving amendments setting the 2012 Schedule of Rates and Fees SUMMARY The University of Minnesota is proposing to develop the 5,000 acxe UMoxe property (3,000 acres in Rosemount and 2,000 acres in Empire Township) into a m�ed use community of up to 30,000 people. Befoxe the development occurs, the UniveYSity and their parmer Dakota Aggregates are pxoposing 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 current Rosemount Zoning Ordinance does not permit minuig on UMore properry. Dakota Aggregates has requested a Zoning Ordinance Text Amendment to allow inining in the western half of UMore. Staff has prepared a Large Scale Mineral Extraction Ordinance that would layout the application and pernzitting process and regulates the mining activiry. On February 28, the Planning Commission conducted a public hearing for the text amendment proposed to the Zoning Oxdinance 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 seclions of the proposed OYdinance. 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, heaxd from Myron Napper xegarding the 42/52 interchange, and closed the public hearing. A motion to recommend approval of the Ordinance failed on a three to three vote and the Oxdinance was continued to the April 24 meeting. Since March 27, staff has made revisions to OYdinance based on comments from Commissionexs Demuth and Millex. Attached to this Executive Sutnmary are the xevised Ordinance and a redlined Ordinance that shows the changes that have been made since the February 28 Public Hearing. BACKGROUND Febtuary 28 Planning Commissiori Meeting S� residents spoke during the public hearing. An excerpt of the Planning Commission minutes is attached to this sutnmary 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 opaciry 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 oxdinance. Another xesident commented that the current 42/52 interchange could not support the anticipated truck traffic. The followin� is staff xes�onses to the s�ecific comments: • Staff does not suppoxt measuring the opacity in the winter because there will not be mining in the winter. Measuring the opacity in the stunmex would be moxe appropriate since that is when the mining activity will occux. • Staff believes a berm 10 feet in height measuxed from the shoulder of the xoad is sufficient because this will shield all vehicles fxom view during the mining opexation. Additionally, as mining occurs equipment and activiry will move lower, as moxe gtavel is removed from the site, furthex reducing visual impacts. • The City does not have a stand-alone noise ordinance but either uses PCA or EPA standaxds ox limits the noise through hours of opexation. To address potential noise impacts during the evening, the ordinance recommends mining must end by 7:OOpm. 2 � Because the current pxocess is development of an ordinance, it would not be appropriate through the ordinance to requ'tre landscaping on property outside of the miniug site. This is something that will be discussed further through the perxnit 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 the capital ixnprovement plans (CIP) and have submitted requests for State and Federal funding. • Per the draft ordinance, a 350 foot residential setback will apply to all residential buildings from the muung activity, including any future residential built in UMore. The Ciry may require a gxeater setback fxom the Bloomfield neighborhood as part of the mining permit review process. March 27 Planning Commission Meeting On March 27, the Planning Commission continued the public hearing and the only resident that provided comment was Myron Nappex. Mr. Napper continued to e�ress concern that County Road 42 and US Highway 52 interchange is in need of impxovement. Coxnmunity Development Director Lindquist and Chair Powell both stated that the interchange was submitted fox State and Fedetal funding but that the pxoject scored pooxly compased to other regional transportation pxojects and is too low in the scoring to be funded. Following the closing of the public hearing, the Planni.ng Commission discussion included a statement by Commissioner Demuth that she would be voting against the Ordinance because many of the concerns she had raised were not addxessed. 'The Planning Commission voted on a motion to xecommend the City Council adopt the Ordinance but the motion failed on a 3-3 vote. Following the vote, Chair Powell inquired if the Commissioners who voted aga.inst 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. 'I'he Planning Commission continued the Oxdinance to the Apri124 meeting xequesting staff to add language to strengthen the connection between the EIS and the Ordinance. Chair Powell requested that Commissionex Demuth continue to discuss her concerns with staff and determine if any of the concerns can be addressed. Apri124 Planuing Commission Meeting The Planning Commission xeviewed the eight revisions made to the Ordinance since the March 27 meeting. Commissioner Demuth thanked staff for the revisions made to the Ordinance. Commissioners Powell and DiNella, asked for clarification on the additional groundwatex monitoring. The Planning Commission unanimously recommended approval of the Ordinance. REVISIONS TO THE ORDINANCE SINCE FEBRUARY 28 As a result of the comments received regarding the La.rge Scale Mineral Extraction Oxdinance, staff has made 27 different revisions to the Oxdinance. 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-seven revisions are as follows (change.r made to add�.cr Cornmi.crioner.r Demuth and Miller.r' concern.r rai.red on March 27 are in italic.r): • Consistent labeling of the "Annual Operating Permit". • Adding `�Clean Fill" definition a.r defined by Dakota County and `�IS"definition a.r defined by the State. 3 • Adding "Haul Road" and "Haul Route" defuutions 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 grade,c around the lake. • Added a.rurface svater pollution plan that svould include .rpill respon.re and containment. • Sepaxating the hydrogeological study and groundwater monitoring plan from the xeclamation plan. • Add language to the hydrogeological .ctudy to relate the requirement more to the EIS; add language to clarify the purpose and intent of the groundwater monitoring plan; monitoring of the lake including tributary avaterbodies and channeli�ed zvatertvay.r; and determine the appropriate separation betiveen mining and the aquifers that are u.red by municipalitie,r for drinking water. � Removing the timeline requirement fox 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 to the City Council the option to allow the outdoor casting of oversized concrete products. • Clarifies how the ratio of recycled aggregate products to native material is measured. • Added to 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. • Clarified that the g�nundwater monitoring plan may include the surface rvater monitoring of the gmundwater feed lake and waterbodie.r tributary to the gmundwater feed lake. • Added to 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. • Claxifies that the operator will need to meet requirements of all applicable federal, state, and county regulations. • Clarie.r that the mining plan.r and j�ermits .rhall comply u�ith 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. • Aevieav the haul-back teftang re.rults be .rubmitted and appmved by City .rta�'befo� it i.r bmught into the rzte • Added permit enforcement pmces.r. • Clarifies the types of financial surety. LARGE SCALE MINERAL EXTRACTION ORDINANCE The following briefly outlines the various sections of the proposed large scale mineral exttaction ordinance. Purpose Statement Section 1 of the Ordinance explains the purpose and intent of allowing laxge scale mining. This section will not be adopted into the ordinance text but would be used by future staff, City Council, ox commissions to understand the background of why the text amendment was approved. 4 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 mixiing. Section 4 of the Oxdinance 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 an interixn use because the land will be used for another use following the muung completion. A conditional use could continue foxever. Definitions and Changes to Existing Mineral Extract�on Otdinance Section 2 of the Ordinance describes the difference between Laxge and Small Sca1e 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 Reqrrirements Section 7, A through E describes the area within Rosemount where it is allowed to submit for a Laxge Scale Mineral Extraction pexmit (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 Interrm Use forArlcillary Uses Section 7, G describes the ancillary uses that would be allowed (concrete and asphalt plants, equipment repair shop, concrete casting yaxd, 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 sepaxate permits are requited for these ancillary uses. Performance Standards Section 7, H describes the pexformance standards the mining operation will need to follow. The issues described hexe include hours of operations, noise and dust standaxds, access routes, screening standards, topsoil handling, water pxotection, and lighting. This section of the oxdinance addresses the majoriry of the issues raised at the neighborhood meeting conducted by the University of Minnesota and Dakota Aggregates. The standards axe 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 offexed at the public hearing will be specific to this section of the ordinance. Reclamation, Restoration, and Rehabilitation Section 7, J describes the requirement that the mining operation must conduct to return the finished mine to a condition that would be suitable for urban development. Staff is particularly concerned with the detail of this section because this section needs to foresee issues that may not arise unti125 or more years from when a minulg pexmit is issued. If these standards are not sufficient, then the urban development that follows may be of a lesser quality than if the UMore pxoperty were developed as it e�sts 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. 'I'he overall Large Sca1e Mineral Extraction pexmit will describe the complete mining operation, while the annual pertnit deals specificalty with the axea being mined that yeax. Similax to how a bar could request a liquor license 5 modification for adding an outdoor pario and the Council would determine condirions specific to the patio, the annual pexmit 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. WRITTEN COMMENTS RECEIVED Resident and General Public Comments Staff has received six written comments regarding the Ordinance pxoposal. One letter was in support of mining and one letter was in opposition, questioning if there will be a decrease in their property value. The othex three letteYS expressed concerns about the volume of traffic, noise and dust. The Orclinance does not address traffic volume dixecdy but does limit the txuck traffic to collector or arterial roads. Noise is addressed in dxaft Ordinance sections H.2. limiting 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 addtess dust associated with the mining activity. These measures are found in draft OYdinance sections H.2. limiting the location of accesses; H. 3. requiring setbacks to mining activities; H.S, addressing scxeening and berming; H.9. xequiring the first 150 feet of the access road to be paved; H.10. allowing the City to require a dust control plan; H.16. requiting 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 acxes. 'The s�th comment was an e-mail from Leslie Evexett, a staff inember from the University of Minnesota, quesrioning the way the City Council doesn't require the Universiry to mine the eastern half of UMore and pxeserve the agricultural land on the west half of UMore. Staff responded that the University, as land owner, has the right to propose mining on the west half, that the University is woYking with BarY Engineering on the xemedial investigation of UMore, and that the City and University are conducting an AUAR for the potenrial development of UMore. Written Questions &om CommissionerDemuth Staff has met with Commissionex Demuth and had several follow up phone conversations to clarify possible Oxdinance changes. As a result of the discussions, language has been added to define clean fill, clarify inforxnation requested and issues to be addressed in the hydrogeological study and groundwater monitoring plan, clarify performance standards for surface water and groundwater, and add a requirement that the haul-back material testing results be submitted and approved by sta.ff before the material is brought to the site. These changes pxompted Coxrunissioner Demuth to provide a revised comment lettex dated Apri116. This letter is attached to the Executive Summary and staffls responses to the concerns within the lettex are provided below. Clean Fill Definition: Staff has added the language to define "clean fill". Envimnmentallmmpacts: Commissioner Demuth has requested that staff contact each agenry that commented on the EIS to determine whether they are happy with the Univexsiry responses in the EIS. Sta.ff 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 pexmit. StreetSweeping.• City Code Section 10-1-12 D. addresses street sweeping. 6 Katio ofAggregate Proce.c.ring: Staff has spent a lot of time in the ordinance development process trying to balance the minuig interest with the desire for future development. The projected 40-year life span of the lnining is daunting and the mining itself will certainly have an impact on the timing and locarion of UMore property development. To permit additional aggxegate recycling than what is proposed will only incxease the life of the mine, postpoxung development further. While recycling is an adxnirable goal, the regulation is intended to move the min;ng along to get to the Ciry's primary goals: development, jobs, and increased tax base. Toj� Soil.• The ordinance has a requixement that all top soil existing over the areas to be reclaimed as dry land will be xetained on site and used in xeclamation. The soil borings have shown that there is currendy top soil well in excess of s� inches and this top soil will be used to form berms around the mining. When the mine is xeclaimed, the undulating reclamation surface will have a larger surface area than the cuxrent 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 perimetex of the mine and future development. As a result, the amount of top soil e�sting in an area many not be identical to the amount of top soil returned after reclamation has occurred. The si�c inch minimtun is a reasonable standard that will allow a future developrnent of the propexry. It is expected that most of the xeclamation aYeas will have moxe than s� inches of top soil. Du.ct Control.• Staff is interested in a regulation that ensures dust is not an issue out on the site, or in the surrounding neighboxhoods. By using the phxase "as needed" that may mean dust control will only occux on a complaint basis, ox when specifically requested by the Ciry. The accountability for dust control is upon the operatox not the City when language such as "regular basis" is used. Staff understa,nds Comrnissioner Demuth's concerns of chlorides used in dust control products and has forwarded the Missouri DNR document on alternative dust control products to Dakota Aggxegates. Haul-back Operations: Staff has added language to xequire the haul-back material testing be submitted and appxoved before it is btought and deposited at the mine. In.rpection.r: Inspections will occur as needed and based upon availability of staff dependent upon other City priorities and wozk tasks. G�nundwaterMonitoring Plan: Staff has added language to clarify the purpose of the hydrogeological study and the groundwater monitoxing plan. Drinking d�' Surface tY�ater Concern.r.• Staff shares Commissioner Demuth's concerns about drinking and surface water. To clarify how they will be addressed, staff has added language in the oxdinance to specifically identify that the sutface water of the groundwater-feed lake will need to be monitoxed as well as any tributary watex bodies; that the elevation of the Pxairie 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 ready to contain and remediate any spill ox accident that risks water contamination. Bevocation of Permit.• Staff has added language on how the City may enforce the perniit conditions and revoke the perxnit if necessary. This la,nguage is similar to language from the City's Water Resources Ordinance and business licenses. 7 Contamination: Specifics about the site for mining will be addressed during the perxnitting process. Further discussion is needed on the appropriate investigation and remediation standards for the site intended fox mining. The Gopher Ordnance Works (GO� gunpowder production lines were not within the proposed LSME overlay district and there are no sites identified in the delisted UMore supexfund recoxd of decision within the inining ovexlay district. Dakota Aggregates' Ordinance Comments Dakota Aggtegates 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- seven revisions to the Ordinance. As a result of these revisions, Dakota Aggxegates provided a memoxandum dated May 9 that describes their xemauung request. This memorandum is attached to the Executive Summary. The remaining issue is the section relating to notification by the City that a trunk utility ox major road is needed and that mining in that area would need to cease within two years. The applicant is requesting additional language which gives the applicant more protection, requiring the City to meet certain conditions before providing notice. The Ordinance that was recommended by the Planning Commission allows the City to issue Dakota Aggregates a notice that the mining must be completed within trunk utility or major roadway coxridors within twenty foux (24) months. Dakota Aggregates requests language that adds requirements under which a City Council can determine a need for the infrastructure. Staff does not suppoxt any additional 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 pxevent the development of the neighboring properties. The Comprehensive Plan states that "(t)hese (interim) uses can often occur on propexty that is years away from developing, but the City has the interest to ensure that the incompatible uses cease ox 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 standaxd. The council rnay, in implementing this section, choose to meet the standards recommended by the applicant, provide additional notice above the twenty four months ox never evoke the notice, but staff does not believe it is in the best interest of the City to legislate additional standaxds relating to the City's behavior. The ordinance is in place to protect the City and its residents by regulating the muung operation. An ordinance should not be in place to regulate the behaviox of the City. The City Council, during the appxoval process can make those decisions. Additionally, the proposed language may actually result in a less desirable outcome fox Dakota Aggregates. To provide for oYderly development, a future Ciry Council can consider rezoning the property or revoking the entire mining Interim Use Pernut. The more of a burden that the City Council has to provide for future infrasttuctute, the more likely that a future City Council would revoke the entire interim use permit. This would shut down the enrire mining operation and therefoxe be counter to the current desire of Dakota Aggregates. Dakota Covuty Comment Letter The Dakota County Physical Development Director provided the City a letter with a numbex of suggested additions to the ordinance. The letter primarily deals with requitements that are in the County's e�sting Solid Waste or Hazardous Waste Oxdinances or language from a proposed xevision to the Solid Waste Ordinance. Staff discussed the letter with David Swenson, Dakota County Water Resources Ditector. Staff discussed that it may be better that the city reference compliance with the County Oxdinance requirements rather than cite specific, individual standaxds. This will capture any changes to the County ordinance amendments without requiring the City to modify oux ordinance. Mr. Swenson agreed with that strategy and emphasized that the County letter was suggestions. 8 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 opexating 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. T'hat review will require a public hearing in front of the Planning Commission in which the public can provide comment specific to the minuig operation pxoposed and the Planning Commission can recommend conditions dealing specifically with the concerns xaised. Following the initial permit being issued, annually Dakota Aggregates will need to request renewal of the Annual Operating Permit. The Annual Opexating 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 xaised at that time. The tentative schedule fox mining review is: Large Scale Mir�eral Extraction (LSME) TextAmendment Public Heariug.• February 28 LSME TextAmendment Planning Commrssion Work Session: March 13 LSME TextAmendment Public Hearrtlg and Contiuuance.• March 27 LSME TextAmendmentPlanning Commission Recommendation: Apri124 LSME TextAmendmentApproval.• May 15 Anticipated LSME Permit Plannirlg Commissior� [�ork Session: July 10 and August 14 Anticipated LSME Permit Public Hearings: July 24 and August 28 Anticipated LSME Permit City Council Review: September 18 CONCLUSION & RECOMMENDATION Staff recommends that the City Council approve the Large Sca1e Minexal Extraction Ordinance, adopt a resolution allowing a summary publication of the Ordinance, and adopt a resolution amending the fee schedule to add a fee associated with a Large Sca1e Mining opexation. 9 City of Rosemount Ordinance No. B- 223 AN ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION; AMENDING ROSEMOUNT CITY CODE, SECTIONS 11-1-4,11-4-1 AND 11-10 AND ADDING NEW SECTION 11-10-4-1 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entided "City of Rosemount Zoning Oxdinance," is hereby amended as follows: Section 1. Purpose. The puxpose of this oxdinance is: 1. To pxovide for the economical availabiliry and xemoval of sand, gxavel, rock and soil vital to the gxowth of the City and the region; 2. To establish regulations, safeguasds and controls in the City regarding noise, dust, traffic, drainage, groundwater quality and other factots that will min;m;7e the environmental and aesthetic impacts on mined or adjacent pxoperry; 3. To reduce the potential for pollution caused by wind and soil erosion and sedimenta.tion; 4. To establish the locations, oxdexly 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 Ciry Council approval of an interim use permit and annual City Council approval of annual operating permits. Section 2. The Rosemount City Zoning Code, Section 11-1-4 is amended by adding the following definitions: T.ARGF SGAT E MINERAT FXTRAGTION• MinPral extraction at a ccale �hat wo�d rec�Le a mandatorv environmental imnarr statemPnt as ci�scrihPd in Minnesot? RLe�, Part 4410.4400 Subn. 9 Non Meta,llic Mineral Minin�. � SMAT T, SC' 1.E MIN . AT. .X A.TTON: Mine 1 x racrion at a scal_e le s than woL ld xe 're a mandator�i envLOrLmental im�t� a men as de cribed in innesota R�le P rt 4410 4400 ub�9 Non Metallic ine al Minino, 1 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: D. Conditional Uses: , Section 4. The Rosemount City Zoning Code, Section 11-4-1, paragxaph E is amended as follows: E. Interim Uses �� L�;e Scale Mineral Extraction and related Accesso � within the . rg� Scale Mineral F.xtraction Overlv Dis�ct described in Sectton 11-10-4-1. �ge Scal_e Mi_neral Extraction Anc'�ar�Uses as defLned Ln Section 11-10-4-1. Small Sca1e Mineral Extraction and related Accessot� Uses within the Small Sca1e Overlav District described in Section 11-10-4. Section 5. The Rosemount City Zoning Code, Section 11-10-4, paragxaph A is amended as follows: 11-10-4: SMAT_T. S['Ai.F' MINERAL EXTRACTION: A. Permit Required: It shall be unlawful for any person, firm or corpoxation to remove, store or excavate rock, sand, gra.vel, clay, silt or other like material in the City, or to fill or raise the existing surface grades, without xeceiving a permit for mineral extraction. ��:�er�sPernit� for small scal_e nineral extraction Lnder this Section may only be issued in fi� zoning district �� ere mineral extraction is listed as an interim use. ��.� Sm la 1 scale minezal extraction ska� �t� be allowed � within tihe Smal_1 Scal_e Mineral_ Ex�action OvexLv Districtse-as-ae��e . Permits for minexal extraction within the T,ar�e Scale Mineral Extraction OverLav Dis�rict ma� be issued onlv �nder Section 1I-IO- 4-1� Fxcenrions: An extracrion nermit sh� not be reanired fo anv of the fo lo 'n : _ � , _ 1. Fxcavarion fo a fo mclation_ cPllar nr basem n of a b�ilcling if a buildin �PtYY 111 t has been issued. 2. Excavation b� atP .ni�n�� oY C:i �a��thnritiet in cnnnec-tion wtth �onstructtoII or maintenance of roads_ hin�� or utilities. 3. Gub cuts_ u'li . h� s or strePt o enin f�r which another nernit has been issued by the Citv. 4. Fxcavation less than one h,�nclrec� (1001,,s.,anare feet in arP nr nnP fnnt (L 'n clen 2 5. Excavarion or �radine f�Qric� u�moses. �Ord. B. 9-19-19891 Section 6. The Rosemount City Zoning Code Section 11-10-4, paragraph B is amended as follows: . , ,�.... �.....� : ..a . , � • . , . . . , B. Small Scale MineYal Extraction Overla�i District: T_h_e smaLl scal_e mineral extraction overL�v district is established. The bo�n_darv of the �s�ct is a ine one h�lf (�) nie north of Go�ntv State Aid iQhwa� 42_ the m�nicin 1 bo nd rv to the eact. a iLne one h f(1 /.l mil_e soLth of C'o n St�te Ad High� 42. and US Highwa; 52 to �he west. � Section 7. The Rosemount City Zoning Code is amended by adding new Section 11-10-4-1 as follows: 11 LARGE SCALE MINERAI. EXTRACTION: A. Perrrit Rea�.ied: It sha11 be �nlawfi 1 for anv ne on_ fi�r_m_ or comoration to remove_ store or excavate rock_ sand. ,�y� y_ silt or other like material in the Cit�� or to fill or raise the existing surface atades. in the L.arge Scale Mineral Extraction Overla� District estabLished in this Section wi�hout receiving a tiermit for Lrge sc�le nineral_ extraction. Such nermits mav o lv be issued Ln a zorLn�c�istrict wheYe 1�_r� 1 ine 1 ex raction i� ed a an 'n e'm use and �n he lar e scal_e nir�eral_ extraction oveYLav i rict. Permi for iner 1 extraction wi�hin the SmaLl Scal_e l�ner�l Ex�acrion OvexL�i District mav be issued or lv Lnder Section 11_10_4• . . I iti 1 r e cal_e ineral_ extraction nermi auti ication fo a nernit Ln_der �s Section shal_1 be ub itted wi h and con ide d'm ,1 aneou lv with an annLication for an interim use .� nermit undex Section 11-10-8. No nernit wL be re�Li_rPd far �n�t of the foLlowing: 1. Fxcavation for a fo �ndation_ ce la or ba ement of a bL in if a buildingq ermit ha� been issued. 2. Excavation b�� St?te_ GoLn_n� o i aL horitie �n co nection wi h con truction ox m�ntenance of roads. liQhwavs or ��tLliries. 3 � �_ � •�� .� • •�-.!. 1 • .1• _R" � .!: �-- "� � !" � ' ,�• •�- �.��_ •� 11 � _� . . • •�- •• � �- � : ,.�� •_ � ,�_� • • .� -�-. .__y�• - ' ' � 1,�—�" .�� • / M � � - �� - .�� • . r .. �-. ��- �•_r�:y • �'• � �■ ' • _�- �• _� :, •� � -�. • : � ' • �- •. � :�. : �- �_ '�. • _�- �•_� .�� • �� .._� - • � - .�� - • •.�� .-�� .�� . . .. . ��, .� � . -. • ��.r . , i._ - . •�, • � �' �� • •. -. •.� •�' •��-.��- ,�•. �. , • y�_ s •. �- •��. �,�� • - �--��- • •�1_''• ' c!� a.�.1 � ' _! .1" • ' �_� ��r��! !'. '� ..1.� .l_Ic_. •: -� ,/ 1 , �.l�' .! ._�' �.\_�._ -� . �1. •_ . �'J ''e " � •� . '� . �. K • _�" !!_. i'_�l�1 �. 1 • -� �,yr '� , �1 ' �.• . i . _l 1! " ..� • ! �_. • J . � 1 ! . r 1 . K .1 . � • . � � S � !1 • - M ,. 1 • � • ..� - - � � - � .! • 1 • • • � , _� . � � - � � - • _1 • _1 �_ 1 • - ,1 . �-•�"� � /::• . •._1� � �_�.1 " �• � •! . _!�_.1.. " • �. . �� , i1 - y • , �� .1 � • �1' •. •1! �• •� • . ! � • . ' .. � � - � • ' !1 ".�. , 1 ! . : ' • = .1 _. , ' • .1 " .•.f " . ! � : � 1 _ � 1.� _1"1! •�' _I" 1 • • !1� �!• : 1 •/ • 1 ■K. � � 1 � � J - y - • *. • 1 - . , • . � • , � - . � .� • • , - � ..1� �S._ .. - �1 , - r . - � . � • 1 �il. � � 1 _! _ �_ 1 ' . .1 ! •1 , K. ! - � • ! - . � . � � • y - � • � " • _! - I.! ' •.l ' • : • U 1! �.� • ' ' • !1 ' ! : 1_. . 1 . 1 �_ ! ' ' ! ... � }� " ! .1 : 1! • ' �� . - r , • �� • � ' • . � � 1 • . � • � ' K. !. _� ' l. !__!. • .: 1 11 , ! .1 " • � : ! � - y l ' � • • � . • ' • 1 • 1� < • � • 1 . �.�1 �/ 1 �_ !! 1_ 1 • . 1 ! • . � � 1 ! e e , ' • . . � • 1 " J • . ! � S . , � " .1 " " 1 / • 1 !1 " 1 .< 11 � < ' f! • 1 � - �.! ' ! ) .1 " �/. !.1 " • . 1 / • 1 1! - 1 ., � � i � . � � ,_ • . ■ � � / - � � • �� - � J � • � � � / � • !! 1 1 ' ! . . �! " � • _ 1 � - ♦. e S/ 1 � 1! , .!__! ' - � ,. � � - � • • - 1! - " � .. • 1! . 1 � - �, , , � � � ■ 1 � • � • ' : 1 ' ' _1 ' ,!�- '•_!• •1 _�. ��! ! • �_ 1 . � , 1 ! ' !1 . � � - • , � - � • ■ . 1 • � y 1! - " �.� • . ► • . 1 ' ' �� <. � � • . � • � • � . 1 � • K �� , • r . 1/ 1' �� .■. �� • 1• x ��< •�_.. � . • - �,• • ,�� \I . 1_ ! � i . • - � . .. .! - � 1 - , �x. l._ • • , � I s �� . � • • �� .� ' ' � . - • , �. � • ..1 � . ♦ . 1 " • K., � - � • _1.' � � !1 " 1 - � . � !1 " 1 � ' .1 1. - • • ! - , � • - �I � _! , • ! 11• - •!.! �• 1 • �•.1 •./1 • l�.K ��- .�� -�. '� - 11 •� Precast/Gast Goncrete Prodt�cts - are nroducts such as bridge beam� lar�k. concrete tiitie or culverts �hat are cast at a facilitv and later �ansnorted to a snecif�c cons�i-uction site after . -� � �roner curin� time has been achieved. Read�� Mi_xed Goncrete PL�nt - is a fac'Lt;t that manufactu_res s ecificallv designed concrete for delive � o a customer's cons�n3ction site in a fres� l� irix__ e_� Lastic uxLhardened st�te Reclamarion/Fnd se - i h, nroce of crea 'ng use �l landscanes that meet a varietv of goals It includes all asnects of th�s work includin� material nlacement stabilizing ca��g_ �9-ra i, and l�cin� covex soils re-vegetarion and maintenance Re�vcled Asnhalt and or Ag�gate Products (RAPI - are left over or demolished concrete or asnhalt nroducts These tiroducts are rec cle tenrodi�ced� and reused in nroducrion of new nroducts or road base nroducts used on cons�n,ction sites. £ � Screenin�/ creenin Plant - is a macline that takes B anul_ated mat�rial and senarates it into m�nl�rad�_.e_s� article size. S�ag�ng - is settin� uti o�f ea ,u_ timent oY a�n�ck fleet in nrenaration for a day� activitv. Stocknile - is a nile o�,e location for b�k materials_ fortnin�nart of the bulk material han ' g�rocess Stocktiies �re normall�� created b�� a stacking conve�ox ��Z�g - is removing to soi (black cLirtl_ cla� timber_ brush and waste aggreg roducts frnm the ton of thP mining�nosit Px_�_»nse the aLalitv s�nd and �avel needed in the nroduction of h't�h c�ualitv construction a„pr�e�a� Ton of Material - is a U.S. short ton (�QQnoundsl of material. TQnsoil - is �he u�Zner outermost la�rex of soi LSttaL� Ln the� 2 to 8 inches. It has the �ghest concentration of oY ' � oeical o� activitv occurs. Truck Sca1e - is a nlatform device that a�n�ck w 11 drive onto for weig�g to insure that the �n�ck is of leeal wei�ht and or �mension. �X1et Minin�- is riinsng and excavation area that vvL take nLace below the g�ound water table• IX.� �t1�;/Wash Plant - is a machine into which sand and Qravel is conveved_ senarated bv ize. washed. dewatered_ and then sent to stock iles for load out. D. Review Process: 1. Pub ic He rino: A uLhlic hea_ring w'L hP rondLCtP for considerarion of nermit �n� lications The tiubL+c he�� ubLic notice �nc�� rocedute reauLements for the n Pr_m_its shall }�e ±hP �am ?s those for amendments as n rovided in section 11-10-11 � of this cha titer. 2. Criteria for Pernit Anbroval: The foLlowinQ factors will be evaluated when deter�n�� whether to annrove a��e S le iner 1 extraction oneration The a�2nYOVa1 or derial of a t�ernit sh 11_ include. but not iLmited to_ fLn i as on the following factoxs. 5 a. Consistencv with Citv Plans and Policies• The nro� osed larae scale mineral extraction nernit is consistent with the combrehensive guide tiLan and the location is suitable in that the excavation minin��»rocessir�g, stockni iLng or hauling of sand and �ravel d�nosits will not tend to create a nuisance or unrea� adverse land use imna�ts oY exceed local state or federal safetv and enviorLmental standa_rds on the ad�a n n�nerties. The a�nLicant for a nernit at the au�nlicant's sole cost shaLl nrovide informarion to helti determine the suitabilitv including but not limited to a comnleted zorLng amendment an�lication• exhibits illustratin� a�l+acenr �nd on-site builcLins� and land uses; 'stLn � elevations and � ercent of slone witlin and 300 feet bevond the nerimeter of the FiS bo�ndar�t: and an environment imnac statement. z b. �x�sQnmental Imnac • An enviro mental imnact statement (as defined bv � MinneSOta Environmental OualitTBoard Rulesl shall be comnleted fox each l�ge sca1P �aVPI minin YO �grt �r�rQno�Pr�_ The �onose��ect shaLl be so desi�Pd and oneYated as to xiinimizP adverse imnacts identified in �he envionrr�ental imnact statement The environmental imnact statement shaLl � be considered bv the Cit; ouncil nrior to anv final action on a large scale x�iner�l extaction nernit re�uest. "I'he abnLcation for lar�e scale r�inexal ex�action # Prrnit shai_1 not be considered comtilete �n� the time as final conLment has been received on the adea �l arv of the enviorLmental imnact statement. c. T.arge Scal_e IVLner�l F,x�racrion OverLav District: `_i'_h_e boundar_ies of the nxc� osed large scale rrLnexal extraction oneration shall be com.nlete�withi_n he 1 r e scale �neral_ extraction overLa, i trict. E. Atinlicat�_on R�uirements• The a�nLication fox a LarQe ccale minexal extraction ne� rmit sh 11 include the followin�: 1. The correct leeal descrinrion of the Land Lnon wlich excavation is u�o o ed. 2. T'he name and adcLress of the a i n the owner of the land and the nerson or comoration conducting the act�al removal_ o eration. 3. The na_mes and add_resses of al_1 ad�acent Lndowners within one-fo�rrh (�� ile• 4. T�ie numose of the� ronosed excavation. 5. The estimated time reauired to com��nosed excavation and rehab'L�tion. 6. The n�mes of the li_u,hw�� streets or other r�LbLic roadwavs within the Gitv uno w ich he ma 'al . h il be n orted• ! f . G 7. A m� of th� ro osed nit or excavation area to a scale of one inch eauals 200 feet showi g_�n en y excavated area_ the area llTO nosed to be excavated du��g the be i neriod. and the ninim„m and ma�mt,m elevations of the aYea_ and showing a �inimum of 300 feet of the adiacent land on all sides of the nronosed excavation area, 8. rehab'Ltation. recla_mation_ and restoration tilan nrovi ing for the orderlv an continuing xehab�Lt?tion of aLl excavated L�nd.� Such � L�n shall illustrate. using �n� ronn_a� hoto�r��s ..t��s�e�is drawn to a scale of one inch ea 200 feet and with a five-foot conto�r_ interval satisfactorv to the enE;ineer_ he fo lo 'ng: a. The removal or nlanned contoLS of the land when the riineral_ removal_ � - o} erations a_re comnl_eted. b. The estLmated neriod of time that th_e nit �11 be onerated and a schedi le �ettin� forth the timetable for excavarion and rehab�Lt�tion of Lnd 1vL� wi hin rhe a tive_ 'na tive and re oration a_rea . c. Those ar_eas of the site used for storage of tonsoil and overburden. � d. The denth_ of ll_ water bo�ies_ the slones of a11 slones after rehabiLi�tion and � � � a desc.ri� tion of the �ne and �uanti � of nlanti�ias where re-veg�tation is to be established. e. The five foot conto�s sh 11_ extend at least 200 feet be��ond the boundarv � tlie oneration or bevond the adioining�i t of wa�_ whichever is more . inclusive• f. Anc'1Lar� and accessorv Lse rehab'L�rion_ rec�mation_ and restoration an g. The ma�ximnm slone of the reclamation area that is develonable shal_i be at no steenex than five (�.5� feet horizon�l to one (11 foot vertic�l. The maximum slone of �he recla_mation area �hat is Lndevelonable. such as the �r�etween a water bod�� an� h-of-wav_ Lne shal_1 be no steener ha �.wQ-l21 feet ho�ontal to one (l� foot vertical. An slone �eater than three (�l feet hori?ontal to one �l foot vertical_ sha11 be des��ned bv a Licensed �1lgineer and a�� roved b, he i�n 'neer h. Adiacent to Water Bodies: For manmade groundwater lakes_ the bottom �ontQUr sh 11_ be adL 1 s%ni�g� rom the shore �ne o he dee e t ortio of the water bodv at a m�Xim�m slone of ten feet hori?ontal to one foot vextical (10:1��rom at least fiftv (� feet unL�nd fr_om the.�ronosed shoteLne ro at least ten (1,�Q� feet from the u��nosed shoxeLne towa_rd the center of the 7 water bod� Be�ond ten (101 feet in horizontal distance_ the slone of the bottom contours ma�� be no st� er than 2:1. z 9. When minin��ronosed within thP gr�„nc�watPr �r within twenty�(2Ql vertic� feet of a historic a oundwater measurement elevation_ then a hy�ggeoloaical stud� shall be subxiitted. T'he studv wi include tests of sois and ero�ndwatex to determine the . - � - uresence of contariinants nn the sitP rhat wL_ or roLd be. released to the ,groundwater or the envionmenr 1� inini g or rPlated activities ALl cont?�nants of concern identified in the EIS and anv other contaminants identified b he itv �ounc�il w�i be sti,�c�ied �nless the a�nlicant demonstrates to the satisfaction of the Citv Council that such st�dv is not wa_r_ranted. The h� rogeoloaical stud� shall include he fo o ' a. Desc '�tion of each � oundwatex excavation (�ize_ shane and locationl. b. De�ntion the lo ation nd con m�ction 'nformation of a 1 w 1 within three hund_red (�001 feet of the FTS bound�rv. c. Descritition of the nronosed fLll activitv (�_r�in_ �i7P �istribution.. auan_titv_ �n nlacement nrocedutesl. s . d. Descriution of the aa �ife ch rac eri tic 'n he rea of each �oLndwater excavation to be affected b�,��nosed 11 activi �(�Lfer thicl�ness and � n,e� �eolor�ical settin_�). e. Descrintion of the Lmnacts of the �uosed fLll activitv on � oLndwater flow � f. Descrintion of a�o �ndwater mo ito 'n o an inclu�in„g ' ence_ to the Gitv Council's satisfaction_ that the �onosed moritoring, �L nrovide tLm_elv an effective notice of chan�es to the hv rolo _��th �nresence of con aminants of concern that were not revious �dentified. or the release. movement or the threatened release of contaminants. g. Identifv and describe 11 mea Les that 'll be aken to avoid o en 'al imnacts on the �oLndwater from nLning or reL�ted activities inclucLiti�.� not Lmited to_ testing moiit�, con ainment �nd niti,garion• h. Identi the de� th_ to P iriP DL ien a�ifer and deter�ine he a�L 'a e senaxation between Lhe nLinin�activi i�nd the aa�ifer. i. Such oLher in_formation as the City mav from �me to time rea �l jYP_ 8 10. T.ocation of an� and aLl e�stLn�wells and the size and denth thexeof. 11. Su_rface water �rote� lan inclu�in.g a con 'ngen� re�nonse nL�n and emnlo�ee traulinQ to fac'Ltate immecLiate and reme �al xestionse sho�d anv accident relea e o —� . contaminant_ or other snill occurs. 12. Such other information as the Cit;� ma�i from time to time reauire. inclucLin _ b no limited to the location ox anticinated location of all stockt�iles of ag�gate-based construction debris material on the land fox which the n ermit is desired. F. Accessorv Uses: Within a laxge scale ninexal_ extraction ot�eration_ the foLlowin� uses are c�stoma�lv incidental to its o} eration and do not re�L .ire a se�a_rate nernit or atinroval. T'hese accessorv �,set m„st meer rhe sa_me nerfnrn,ancP standards as the large scale miner� extraction �eration. 1. ravel .n� in . 2. Gravel Washin�. 3. Qffices associ_arPd with the rrLn��oneration nd n_illary uses• 4. Truck Washin�. 5. Minor Velicle and l�nin� aLnment Ma'+_ntenance. 6. �� • in • : 7. tora e of Mac inerv used dail�jn the extraction a*ea. G. AIZC�11_"�7 T TCPC' TIIPYP aYP a. fll]111T1PY (lf 17CPC a.Tl[� T]f'(A(�77('YIAfl f$ lll�e that eit�ier use �,�mificant � antities of a�r ��ate resources or benefit �rom close n o imi o 1ar�e scale mineral extraction oneration but also gPnPratP ;�s ,P�_ +_,,,is n e nd adve e and u e im ac b_e�vond tihe scotie of tihe onerarion itself. The foLlowin� re�ations an�nl�to these anc' aro uses to a laxge scale nin_exal extraction oneration. 1. Separate Interim Use Pertnit Rea»irer�c To adcLrPSS the issues, nLSan_ces and adverse l�nd �ce Lm ac nexated bv anc'1� 1an� LcQS a seuarate interim �se nermit as nrovided in section 11-10-8 of this chanter shall be anr�lied for and abnroved for � . � each ancillarv use. The listing of a use in the following subsection does not mean that the use w�i be a�nroved within the Lr�e scal_e mineral extracrion onerarion or that the use a� be al_lowed dLrin� the en�e dLation of the oneration. T'he decision �hether to �ant_ g�ant with conditions_ or deny an annlication for such an ancillarv use is within the cLiscrerion of the Cit; o nc'1. 2. Association With l�nin� A��: An anc'll la,-� Lse ma� be allowed nrovided that a�3v of the followin� conditions are meet: a. On a site that has an a+�ov d r��sc�le �neral extraction riernit in co n �ance with �his section. 9 b. In co�iunction with la_r�e scale riineral ex�raction occurring withir� �he �nroved EIS bounda ry� rnvicle� the a�� fc�naLit� has antiroved the_ lar� scale x�neral extraction and nrovided the ancillarv use facilitv� was o�eina lv an interim use �ernit in corii�ncrion with lar�e scale mineral �xtracrion in the Citv of Rosemount. � 3. Anc�il_lar�Uses Gonsidered• The foLlowin�is a list of ancillarv uses that ma� be considered in association with a large scale nineral ex�action onexarion and the � issues and nerfoxmance standards that shaLl be adcLressed within rhe interim use � - � a. Concrete Production: A nL�nt for the nroduction of concrete ma�be aLlowed on a site Lhat has an atin oved la e scale ine 1 extraction t�errrit in co nliance urith this section. In addition. the followin� tierformance �tandaxds shaLl aublv: � 1) l.ocation: The nlant shal_1 be located in such a wav as to ninimi�e its vi ibilitv �rom an adiacent residential_ �se or a Lb ic �g of wa� Tli� 1�v be accomtiLished through to��ra� h�. nd c'ng_ e ic 'n ve�etation_ bert�ing or setback. T'he muLmum setback �rom an� EIS boundarF line shall be twice the height of the �lant ox a� licable setback under this code. whichever is ' greater• 2) �nle Readv Mi_X Concrete PL�nts; If a fac�Ltv is to have mutiule concrete ulan . each con xete nLnt sh�ll have its own senarate in_terim use nertnit. Th� rL•marTrea ; riix_ concrete nlant shal_1 have the ��uinment_ excent for silos and the conve�ors that trans� ort materials into the bLCLin� enclosed within a bLCLing_ One or more secondarv concrete nlants ma��be�nermitted if an active Lnterim �se nernit for the nrimarTconcxete has been an� roved that in_cludes a xeaLi_rement that the � rL �m__a � concrete nlant b�il in be co nleted within Pi PPn (18) months of a. _ roval. 3) Pl�nt Hei�h : The ma +m ,m heig of nv concxete ti aLnt sh�ll be one hundred and five feet (105'l. �— 4) Mate� Stocknies: Stocknies associ�ted with these uses shal_1 be limited to a hei�ht of sixtc� ee (►0'l. 5) Outdoor Stora�: There sh 11_ be no outdoor stora�e of finished m�terial �odLCts. All e��nment and raw material associated with the cement �r concxete nLnt mLSt be screened from view from an ad'acent re�i�ential use or ub ic ' of w� in onfo nce wi h ection 11-2- 9_ "Outdoox Stora�;e"_ of this tite. 6) Ho�s of O� eration: The hoL_rs of oneration �ha1_1 be imitPCl to 7 a.m. to 7 n.m. Mond hro g a�rda�Lnless s ec'al � ernission is � anted bv the itv Gotinc 1 within rhe interim u�e �ermit The extra hotLS of 10 oneration mav be conditioned on more restrictive nerformance standaxds to ad�ess the addirional adverse imnac e 1'n from the extra houYS. 7) Ha�l_ Routes: Traffic g�nerated b�his use sh 11_ L'lt�i7.e ha� routes a roved bv he itv and other agencie a re iied The n an owne shal_l be resnonsible for xoad imnrovements and easements needed for -. �,nress and e,�ess sub'ect to a�roval bv the Cini. The haul routes mav xe�uire Dakota Gountv Highwav Denartment or �he NLr�neso� Denartment of Trans�ortation atinroval as well. b. Asnhalt Production: A�»lant for the »roduction of as han lt ma� be allowed on a site that has an annroved la_rge scal_e riineral_ ext�action ermi 'n com�liance with this section. Tn addition_ the foLlowing nerformance standards shall annlv: � 1) Locarion: The astih�nlant and all ea�pment associated with it shal_1 be located a minimum of si�c hundred su�tv f,_eet (660'1 from an� non aQricultural zoned land. � 2) �etback and Bufferin�•��nL�nt and al_1 eauinment and ma.terials associated with it shaLl be set back a ninimum of sevenn� five feet C7�1 £rom anv F.TS boLdar;i Lne and screened by nat��r� features incl�cLing bernine or v�et?tion. Yea_r ro�nd one h�ndred nercent (100%1 o�a ue screeiing witih ea_+�hen berms and Landscaning shal_1 be rea�ied �om Hround level to the first thi�nercent (30%1 of the overall hei�ht an fi�� ercent (�Q to fiftTnexcent (50%) of the overall heiQ�f �nlant as viewed from eve level fYOm surroundin�t� t of wa � o roadu�. 3) Haul Routes: Traffic �, n a d bv �his Lse shaLl u'lt�i7e haul ro�tes ��nroved bv he .i� �nd other agencies as reaLed. The ulant owner shall be resnonsible for road imnrovements and easements needed fox � �. in�e� and ea ess subject to annroval_ b� he i. T. The ai 1 routes mav xeauir_e Dakot? Gotin_t� �ii�Q wav D nartment or the IVLnnesota Denartment of Transnortation as well. 4) Access: Traffic generated bv this Lse sh�ll enter onto streets consistent with c�tv access and desi¢n standards. The owner of these uses shall be , - - restionsible for al_1 costs associ_ated with road imnrovements rea �ired o serve the use. 5) Material Stockt�Les: �tocknies associated with these uses shaLl be limitPd o a h i�ht of siXtv f� eet 4 OC�'l. 11 � . � � • • . � ' 1_ • � ' �. • • � � � _ • : � ' • _ 1_ 1 " � �� . ' _�J_ . • � • � _ - � _ � 1� '.!. - 1 � _ . 11 , - r , • ' � .I .! _� - , � 1. � . �_. 1 IR.. �- -�-� •.11 !" •!R :� ,� . �' � ■.• ' • � � /. � • .� • �. •.��1.. ! .! _.1 � • � . • � • • . � - • ■ �_. )! • �. � � � , • �' . � � ! 1 • • 11. � ./ .1 �/_ 1 1." • .. \ ._ - � • - �.1' �1�_�__ •M1 •1.� •�• .��l.._ '!!"� i � , - i I � •� . �� }._ •�" ' • . !• • �. �. � - • � • _� " • ./ . 1 .. 1. . 1 • � • ._ � � .. y , • .! ' � • __ 1 � .. �. " • .1 " � • ._1 � - • ! ' • _i.. • . ' t / ' • . � 1 f _! • ..� ' . 1 � .I ..t .1 . t ' �•_l.�cy • �- •1� .1' �•_1!,• .1" .1" ' 1 . • "� • . • 1 � ._ • 1! n � � � 1 � ! ' ! . � � � • � ' � - �� !1 - ! .- • • -��.�' _�' � � !.'� _1 "� •11 �.� • • .1 ._y • ! • 1� a ' " • � _ � � - � • � _} - •.. M� �. . . . . . - -, ,- -�� .� • ... . ��.�- . �. �, ..•.-- ..-.-.�. .._�... �- 1 •s �� . •�� :i � �' . .� - •�- .�i �- -. -u-� .�� .��_� • • ,�� ,�., � • �� - ,.. �� - �-� � � - ■�� ' • � ■�� *. . • ...� M�- ,. . . .- ,..� �. .- �� -. . , �� . . �� .�•, � . � , .�._•, � - .- .-,R. .� �.� -. • �- s ..� �� - � -.�� - .-�� y.- -.., �. . • � - . � � 1 !1 : � - • ! �_ � � 1 - � • 1 1� • ' �r � - � ' • �1� � 1 el�. � • ,��_ - �- .� 11 •� � �' , � , �• �/ :. � -/. 1 " � � � • !- •�, • �K. • !' �-1 - , �� - � � !1 " ! ' � 1 c .// ! ' � �.� • � • , � � 1 11_: � - • , - � • / , _1 • ! ., • 1 • � • • - � . � ' - ��. 1 " � 1 � 1 ' IIf f • f1 ! .: f J _� .!. - � � ! rl " �.! �l. � � 1 . ! � � - . •J • .1 " N -. 1 ' 1 � ! �l ! : . •1!� .� .! • . �� • ! ' _,l�.:. � .I .1..! ■�! � � �+ '� � �!' � i � • .1' �l,1 t..rl • • • •� - � •� !1 . • - • , - � • 1 < _1 , � . < � < � � • - � , • . � 11 1 ' . � . � � 1 • " �f�� _ � • /t • e 1 " :/ _! .f " 1 � ! ■1 ' , � 1 • • _I � • 1 - ' � • � . 1 - _. • ._ ./ .! .! : � _ �._1 � . !. ' .} - _ � 1 • • _1 " � • � . 1! , • • � � • r! " A • ,_! 11 , . � � • -1 ' • . � � • � 1 • • • ' � • � " ' � • � _ � • / � - � _ � . . 1 ' • ' � � • � • � ' ' � � . •!. �l. ��.1 � • - .1. .!" • �- . • �, �"! •:, !'� :1� .�" • ��• • -� � •�. ■.! - .1"! .1" •/ .K. ��1 � • - �1 !•� .!! " • 1 _.l. � �.! • � � � - 'J • � ! • � � . ./ " • ! ' " .� - 1 ' 1 � � � _ • 1� i _ ./ _ R. • . R. � � .. �. � ' _. ! � . � ,� _ }. � - ■ � .1. � .'J.. � 1 . � • e. �1g�e� te Processing and Recvcled A��ate Products Production: T'he �nve��g ing_ rrLxin��s�reerLn�. and washinQ of ag an �ecvcLng concrete and as halt ma; be aLlowed on a site that has an a roved large scale riineral ex�raction nerm�t in com� 1 ance with this section. In dition_ the followin� neYformance standaxds shall atinlv: 1) L.ocation: The� lant shal_1 be located in such a wav as to riinimize its visib'Ltv fro,_ m an ad�acent xesidential_ Lse ox a nubLc ri�ht of waT Tlis m� be accomnlished �hrou�h t�o�_ranhv_ and c'. exsttn_g y��►etation. bernin�or setback. 2) Material Stockn les: Stocktiiles associated with these uses shaLl be Lmited tQa height of si�ct; feet (60'l. 3) Hours of Oneration: 'I'he ho�s of otieration shal_1 be limited to 7 a.m. to 7 n.m. Mondav throu�h . ab�rdav Lnless , ec'al nermission is �tanted bv _ the Gitv C:o nc�l within the 'n e'm use nermit. 'The extra houts of Qneration ma� be conditioned on more restrictive � erformance standards to adcLress the advexse im,�nacts ca�?sed b� the extra hoLS. 4) Ratio of A��aate Processin� o Rec�cled A��e�ate Products Production: To ma�mi7P thP �,ce of nined ag��ate material and mim'mi7e i�r�ortin�r o _f _recvcled material transnorr_ed from outside the a�sociated �ravel riine_ a ratio of a�g e�ate nrocessin� o e cl �g„g�,��oduct � r�ces�in,� shal_1 be est?bLshed within the interim use nernit. The ratio shal_1 have a�nim�,m of seventv nercent (7� 0%1 ��ure��ate tz�ocessing and a ma�ml,m of thirtv r�er�Pnt l�%o�rec cle �g�eg�te roduct� xocessing. 'The ratio shaLl be based on torLnage sales and the actual tonna�e sales shall be renorted to the Gitv on an arLnLa.l basis. The Gitv Go�nc'1 mav Lmit the a_rea in the a e�a e nxocess fac�Ltv in with �he rec cl�ed a e�a e nroducts mav be stored. H. Performance S�nda.±-ds: 1. Boundar;� F,xtraction operarions sh�l] be conducted within the confin_es of the e xc a vation ite de cribed in he n ernit• 2. As�ess: Extraction on erations shall onl$ be allowed on sites that have direct access to a r�incinal rte �al ino rte �al o o lec ox tree a de i �n he itv� osemount comnxehensive g��ide nL�n A local street ma� be used if atinroved bv the Ci i Council. 3. Setback : etback 1]o mc�aries chall he ac fnllciwc \Xlhere sethackc are mea�nrerl from zaning i rict bo nd ri � ha occ� long a nLbLic �treet �� -of-wa the zonin� distric bo ndar;� i ac ,med o be he enter in of ha ub ic 'g1]t-of-wav 13 a. �esidential Zonin�District: 350 feet b. Industrial o mercial or n titutional .o ing District: 150 feet c. A�ricLt�al Z.orLng Dis�ct: 30 feet � d. Inhabited Residence not in_ a Residential_ Z.orLng District: 200 feet e. Iti�ht-of-wa��s or Streets: 75 feet £ Pre-e�stLn�Water BocLies: 150 feet 4. � a. T'1�_ e hei�h� of��ument. stock�les_ and aLl other on�rations_ excent �hose described in s�?bsection b and c below within the nertnitted �neral_ extraction oneration shall not exceed sixtv�Ql fPP . This and rd does not ��v to the ancillarv fac'lities covered bv �en�rate interim use nermit• b. The itv Go�?nci ma��nrove a Lmited nLmber of starionarv convevors to a h�e1'ght no taLler than sixni five ,�� feet nrovided that al_1 � ractical means of �creening and setbacks are em��d into the convevors construction and installation. � c. T'he floating �edge shal_1 not exceed seven� �ve = (751 feet in he��t 5. �nnearance. Screening. and Bermin�: The minin r�shall be screened from �n� �ublic g�ht-of-wav or urban develonment through a combination of existin� stands o tr�es. berning and 'n t lled 1 nd can�n_g a. Exi�tillg.Tree Stands: The nreferred method of screeiing the m'tning o�xation is the maintaining existin�sta,nds of tree� tha�would nrovide a level of at least ninetv nercent (90%1 opacitv. Tf rhe ctand of trees does not nrovide rinetv� excent (90%l, o_ aci then ad�iition�l Landscan��or berming shaLl be Lnstalled to nrovide �inet� �ercent (90%1 onaci .. An �nnual onacitv aucLit of the tree stands shal_1 be condLCted and dead ve�et?tion shal_1 be removed and additional landscaultl�or bern�in� shaLl be Lnstalled m�n ain nitl��(� ° �Q�11,��. The methodolo�T for the o� aci�v measure shaLl be taken during fi,ll leaf Qrow�h ft�m thP shoLder of an� ubLic road or t1.�i� boring� xo�� to determine o aci in a band five (51 feet to seven (71 feet off the eround• b. Benns sh�ll be consm�cted in areas where the exstin� tree stands do not exst. The berms shall be at least ten feet in he�ht measLed from the toe of the berm or from the fog Line of the exstin�public road. whichevex results in the B eatest hei�uht of the berm. 6. Hours o� erations: a. ��• The houxs of o� eration shall be limited to 7 a.m. to 7 n.m. Mondav t1LO�g SatLdav. The ConLmLnitv Develonment Diector may auth_o�e S�a�neration �rom 8 a.m. to 5 b.m. on no more than five (� �ndav� annuallv nrovided the onerato notifie he o m,nit�� evelomm � 14 � •_ �• �,_�_ •. •- •_• _�.. • ..�� M�• s •.� ��, � .- .-��_ .� . . �. . . .- ...� .._�_� _�-.�� .�� .-�� - - . • ..- ..�� : .- .i._..�-..� ��_ • - � . - .- ._ :� - . .. . • _•._ • �• . :._.•�: :� • - �� ., -. . �- - • • • .- ,.• � K_ � � :�� .. �_� ��' �•_ • • �- .�� :_ �- _�� •� • . �� t U•.': � •. .�._�: ��' s •._� ��: 1 :� �- � " 1!_ • ! • , ! • • • � • , � � � .� .1 . � _l - , 1 1 . � �.1 � - �l�. �1. - - . � • • • � - . � � 1 Il : • - • ! �__ � � � • � • 1 !1 • - � � • ' • �l11. a 1 ..� � . � • . � �_ - � - . � �1 � : - � � .1 " 1• • •�- . ��. .. K. . • s _._ ! ' �! " 1 • • • � ' . � � 1 1 e � ' .1! 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F, i� 'n tre�Q-ro�nd cover shaLl be nreserved to the ma�m�m extent easible m int ined o uu�nlemented b� selective cutting, trans lan � g and r� lan 'ng of trees_ shn�bs and other �:oLnd cover along al_1 setback a_reas. b. The nublic view and g��,ht-of-wav side of berms that are nlanned to exist longer than fifteen (151 vears shall be landscaned with a densitv of one tree uer 625 saua_re feet. A�nimum of 66% of the �ees shaLl be corifers. c. The ('�tv Go�� consider stagQ�rr�n_g_the timr'nQ of the instaLl�tion of the landsca� ing if moxe berniug is cons�n�ction than is re��r_ed to screen the nhase of minin„g bernitted with the arLnual_ o exa '� b� d. Berms that are nlanned to exist less than 15 vears shall be la.ndscaned with a � � standaxd MNDOT RO�X/ rr�x. e. All areas reclaimed shall be seeded with a Citv annroved seed mix within � � fo�rteen (14� da, of n 1�-rade being eS abLi hed. Ad �tional_ ee in �a11 be annliPd as needed Ln� the ve�etation has been established. f. T'he Gitv��t�ire over over �eac �h_a have re ained Ln�ist��rbed for more than twelve (12.1 mon�h if i i de e�ned ha he e rea��en� erate airborne d�st artirle 17. Maintenance c�f inin� Ve i 1 : a. All ma h� in�rv sh� be ke.��t onera� b. Abandoned machi_n_ery and n�bbish shal_1 be uromntv xemoved �om the excavation site. c. ALl mac�nerv shaLl be neriocLical� i_ns ec ed. xe_ ai_red_ and n�n_ted as need to tirevent n�sting or other deter_ioxation of the maclLnerv. 18. �g,�tr'g�: An l�g' htin� sh�ll be slielded to vent �hts from be_i_ng �ected at traffic on a nubLc road in sLCh b'1-�1ia_ncP rhat it imnairs the vision of the driver and - -� l�v not interfexe with or ob�cLe ttaffic sians� ox s' a1_s The level of i„h ��n , sh not exceed 1.01 �men at the F.I bo �ndar� l;nP. � - 19. ComtiL�nce with Otiher GovertLment?1 Re��tions: The la_rge scale mtneral_ extraction op�ration sh 11_ comnlv wi h 1 a�Lcation Federal__ St�te. and Gountv laws and regLl_ations_ inclLCLinQ Dakota Count;� Oxdinances No. 110 and No. 111. 20. C� 'ance wi h he .I : Th itv h 11 d �ne tie i con ition and xeauirements that add_ress issues and notentia_i im�acts �hat inclLde_ b�t a_re not limited to thoce de cribed in he FI T'h itv Co�nci ma� re �uLe ad�itional studies oY information on anv issues that the GoLnci determines were not ade�ua elv 17 adcLressed in the EIS because the EIS does not contain sufficient detail for uermitting�ur-�noses. because the nr��osed means of mirigarion have changed. because new mirigarion technia��es a_re avail_able because new informarion has been a � discovered_ or for anv other reason. 21. Gouncil Waiver: The Git; ounc� at the tLme of issuance of the arLnual extracrion �xrnit mav waive or modifv an o� f the nrovisions in this section or imnose additional reoui_rements if it fLnds that the nlan of oneration or other materials submi_tted with tl�e annLication or other factors make annxonriate more sii�able � �� m�asur�s for stand�ds consistent with the nubLc health. safe .� and welfa_re. I. Stieci�uirements: 1. Reimburse of Gitv Gosts• The bPrmitt h 11 e'mbur e the itv for �he cost of £ eri�dic insnections for the uu-nose of determininQ that the nrovisions of �he extr ac�on nermit and this Section are being foLlowed. The Git� ma� re ai consultants at the atinLcant's exnense to evaluate �he annLcation rea�ements. �--�- moni_toring and testtn� res�ts• 2. L�ul Routes: 'The a��cant shal_1 subnit to the Gitv a de ailed xrL�n of the stxeets on which the materi_al removed shaLl be transnorted (ha� xo�tes�,� sha11 insnect the hall routes n�o,�osed to be used bv th a�nLicant or owner and shal_1 reconLmend to the i o�nc'1 necessarq� a��ing n�r,.r_� a irin � of the haL rc�utes nrior to their use b�nlicant or owner. The Citv (_'�»ncil shaLl desi�ate the haul routes and ma� con ider he eco endation of he re �onsible cit;� of£cials in the extraction hernut issued to the a�bLcant It �hall be the retnonsib�ili of the a�nlicant or owner to m in ain thP ha �l rou e�n accordance wi h tihe nrovisions set forth Ln the nernit• The i ha 1 nerio�+caLl 'nsnect ha� rnute� to ens�P comnLiance witih the nerm�t Du�ng the �n riod of. or u on co �letion of. the excavation onexations. the ax }nLicant or owner shaLl make anv necessarv renai_r to he ha �l routec a recommended b he itv. All cn�ra nf ins ti YOVided foY in this subsecrion shall be borne b, t��nLicant or owner The use of the haul routes shall be sub�ect to anv road and weieht restricrions imnosed bv the Citv. The onerator shall be �—f restionsible for reimb�?_rsing he i for anv adcLitional_ ma?ntenance costs incurred for� ubLic roads as a rec�t of the nining oneration 3. ravel P od tion and Pha ' a. A nh �n �nLan shaLl be n� ared. b. No mineral extraction nermit shall authorize extraction onerations to be � -. conducted in moxe than two (�.l non-conti , oL ei�u�(801 acre a_reas of an extraction oneration concutrendv. . c. 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"" • 1 - ' �1 - �. • /! � - � < • • . � � � � ._ . � 1 . � � � �!. • ..! ' "! • " !!' 1. � • ' , � � � - � , ■ - � • / � - • . 1 •!.l..��1 -� • � �-� • - .! !• .��1 • ,� • .f" � •I •! • .1 ��! . _!_' • � � 1'. _! .'� .!� ;- .�� - •� ,1� �-•!!-� . .� ._ � 1 =.! � 11 � � � --�l..��.: r , � , - � • • - � . _� - � • . • . � - � - ,.1 � • !_ , � �.! • . � . - - 1_ • _l • • .1 ' �►.I " • �! � - _� - • � � 1 • 1 1 _ : 1 1!e �- e.�'_1 8. Criminal Prosecution: The nermi_ttee that has violated or cont�nues to violate this � �tion�haLl be l�able to criminal nrosecution to the fiillest extent of the law_ and shaLl be suhiect to a crim�al�nenaltv in accnrdance with secrion 1-4-1 of this code The authorLed enforcement a�ncv ma� recover aLl attornev fees court costs_ and otheY ex� enses associated with enforcement of thss cha� tex inclu�+n��am.�nl�i lg an monitorin��extienses. � 9. S� ension or Revocation of Permit: a. 'T'he itv Goiincil�v_�x�nend or revoke a ne it i ued under hi ection unon a finding of a vioLarion of an nrovisions of this section or violation of an�condition of the annual o era ' ti� ermit. b. A xevocation or susnension bv the Git� Gouncil chall be �receded b�i written notice m the nermittee and a nublic heari,ilg. The written notice shall 've at . least eig�81 da�is_ notice of the time and nlace of the hearing and sh 1: te �e nat��re of the char.�es aaainst the nermitee. The notice mav be serve �non the nermittee _ ersonall�_�v Uiited St�teG mail addressed to the most recen ad�e 'n icen . a i ation. Section 8. EFFECTNE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted this 15�' day of May, 2012 by the City Council of the Ciry of Rosemount, Minnesota. B William H. Droste, Mayor AT"TEST: B Amy Domeier, Ciry Clerk Published in the Rosemount Town Pages the _ day of . 2012. 23 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2012 - A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B-223 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO LARGE SCALE MINERAL EXTRACTION WHEREAS, the Planxung Commission of the City of Rosemount recommended City Council appxoval of this amendment after holding public hearings on February 28, Maxch 27, and Apri124, 2012;and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B-xxx amending the City of Rosemount Zoning Oxdinance B relating to the Large Scale Minexal Extraction; and WHEREAS, Minnesota Sta,tutes, Section 412.191, Subd. 4 allows publication by tide and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summa.ry would clearly inform the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B-223 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their May 15, 2012 meeting, the City Council of the City of Rosemount adopted Ordinance No. B-223. T'he ordinance adds Section 11-10-4-1 of Ordinance B, the Zoning Ordinance to regulate the interim use of large scale mineral extraction within an overlay district bounded by County Road 42 to the north, Akron avenue to the east, County Road 46 to the south, and Biscayne Avenue to the west; and allows ancillary mining uses, such as concrete production and asphalt production, as interim uses. The ordinance additionally amends Section 11-1-4 to add large scale mineral extraction and small scale mineral extraction definitions; Section 11-4-1 to classify laxge scale mineral exttaction, large scale mineral extraction ancillary uses, and small scale mineral extraction as interim uses in the AG: Agricultural zoning district; and Section 11-10-4 to reclassify the existing mineral extraction regulations as small scale mineral extraction. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B-223 shall be kept in the Ciry Clerk's office at Ciry Hall for public inspection and a full copy of the ordinance be posted in the lobby of Ciry Hall for 30 days after adoption. ADOPTED this 15`'' day of May, 2012, by the Ciry Council of the City of Rosemount. William H. Dxoste, Mayox ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA , RESOLUTION 2012 - A RESOLUTiON AMENDING RESOLUTION 2011-101 A RESOLUTION APPROVING AMENDMENTS SETTING THE 2012 SCHEDULE OF RATES AND FEES. WHEREAS the City Council has reviewed the 2012 Schedule of Fees and Rates and recognizes the need to amend cextain rates and fees for 2012; and WHEREAS, the City Council has found the need to amend certain Planning and Zoning Review Fees related to the Mineral Extraction Perxnit fees. THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, that it adopts the following amended Planning and Zoning Review fees: Small Scale Mineral Extraction Permit Application Fee $700.00 Annual Fee $370.00 Surery Bond $7,500.00 per acre Larae Scale Mineral Extraction Permit A�� lication Fee QQ� Annual Fee ZSQ.. Interim Reclamation Bond 5_000.00 er acre F.nd LTse C'�racLin� on 2_500.00 �c:r acre ADOPTED this 15� day of May, 2012 by the City Council of the Ciry of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk i � CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION; AMENDiNG ROSEMOUNT CITY CODE, SECTIONS 17-1-4, 77-4-1 AND 71-10-4 AND"' ADDING NEW SECTION 11-10-4-1 -- THE CITY COiJNCIL OF THE CITY OF ROSEMOUNT ORDAINS as: follows: Section 1. Purpose. The purpose of this ordinance is: 1. To provide for the economical availabiliry and removal of sand,'gravel, rock and soil I vital to the growth of the Ceity and the xegion• ` 2. To establish regulations, safeguaxds and controls iri the CEity xegarding noise, dust, traffic, drainage, groundwater quality and other factors that will min;m;�e the environmental and aesthetic impacts on mined or adjacent property; 3. To reduce the potential for pollution caused by wind and soil erosion and sedimentarion; 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 I the Ceity; and to establish conditions that insure the restoradon of mined areas consistent with esist�ng and planned land use patterns; 5. To regulate and ensure tF�at rnitigation measures are unplemented on large scale mineral extracrion o�eratioris that have completed their environmental impact statements and/ot oth�� appxopriate envixonmental xeview; 6. To establish a large mineral extraction overlay district as the only locauon where large scale mineral extraction operations will be allowed, pursuant to City Council I appxovalvf an interim use permit and annual C�Council approval of annual � o erarin * ermits. __•- Formatted: Strikethrough —�--� �—��------------- ------------- ------ ------------- ------------- --: _ �- " Formatted: Double underline Section 2. The RQSemount City Zoning Code, Secrion 11-i-4 is amended by adding the following definitions:.:=_ '`.. T, R SC�' Lti1IN RA X ACTION• 1�lineral x racrion a a s ale ha would ret�uire a mandatorn environmental im.n�act statement as described in 1�linnesota Rules. Part 4410.4400 Subn. 9 Non M"e"fallic Mineral MininQ. ` S,��L.L. SCALE 1�1INERAL. EXT A TION• I� ineral x raction a a s ale less rhan wo ld re �uire a m�clatorv envixonmental impact statement as de�cribed in 1�'Iinnesota Rules Part 4410 4400 Subn. 9 Non Meta 1Lic Mineral I�Zcun�. Section 3. The Rosemount City Zoning Code, Section 11-4-1, paragxaph D is amended by deleting mineral extraction as a conditional use as follows: 1 i D. Conditional L3ses: , . . . Section 4. The Rosemount City Zoning Code, Section 11-4-1, paragraph E iti amended as follows: E. , , In erim ses - �e J�ge Scale IVLneral Ex�action and related Accessor�� Uses within the Lar�e Scale Mineral Extracrion Overlv District described in Section 11-10-4-1. Large Scale Mineral Extracdon Ancillanr Uses as defined in Section 11-10-4-1. Small Scale 1VLneral Extraction and related Accessot�� sec wi`hin rhe S a 1 Sc le Overlav District described in Secrion 11-10-4. Secrion 5. The Rosemount City Zoning Code, Section 11 10 4, paragraph A is amended as follows: 11-10-4: SMA�.�. S(_Ai.F' MINERAL EXTRACTION: A. Permit Required: It shall be unlawful for any pexson, firm or corporation to remove, stoxe I or excavate rock, sand, gxavel, clay, silf or other like material in the Ceity, or to fill or raise the existing surface grades, without receiving a perniit for mineral extraction. ��Pernuts for small scale mineral extraction und"er thiti .Secrion may only be issued in t�ie� zoning district ---� mineral extraction is lisied_as a interun use. °•-°`�� SmaLl scale mineral extraction �1-ixl�neEm� be allou%ed ��wi in he S a 1 S al Min al .x ra rion Ov -rlav �I21sIr1slse . - . , . Permits for mineral extraction within the Lar�e Scale l�Znexal Ex�racrion Overlav Dis�rict ma� be issned onl�� under Secrion 11-10-4-1. Excenri�ns: An extracrion nermit shaLl not be reanired fox an�� of the foLlowin� =- 1. .` Excavation for a foundarion_ cellar or basement of a building if a buildin ermi ,_ . � . ` has been issued. I -,2: Excavation bv Sstate_ Ceoun�7 oY C�� authoriries in connection with construcrion or maintenance of roads_ hi��3�s or utilities. 3. Curb cuts. utilitr� hooku�ti or street oneningt fox which another �ermit has been I issued b�i the C�i � � 4. Excavauon less than one hundxed (1001 squaxe feet in are or one foot (1' in de�th. 5. Excavation or �rading for �ricultural �umoses. (()rd. B_ 9-19-19891 � i Section 6. The Rosemount Ciry Zoning Code Section 11-10-4, paragraph B is amended as follows: L_,. l,__� :,.,..__.] � . � . � . � .. 43'3i12E� , ' B. Small Scale Mineral Extracrion Overlap District: The small scale mineral extracrion overlav dltitrlct i�titablitihed The boundan� of the dititrict is a line one half (1 /21 mile north of Countv — State Aid Hiphwav 42_ the munic'nal boundarv to the eatit `a line' one half (1 %21 mile south of Coun � State Aid Hi�uhwav 42_ and US Hi�hwaT� S2 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. I'_ermit Reauired: It shaLl be unLawfL for anv oerson_ fLm ox comoradon ro xemove_ stoxe I e rock_ Sand eravel_-cla�_ silt or other like material in the C�� ar to fill or xaise the existing surface erades_-iii the Lar�>e Scale Mineral Extraction Overla�District established in this Secrion without receivin� a oermit for large ticale nunexal ex�raction Such ermi s m�v on13� be issLed in a z�rin� is ri wh r ar�re scale mineral exLraction is Lsted as an in rim �ti and in': h la ge scale rrunera] extracton overlav � s ri P rmi � fo in ral �xtraction within the Small Scale Mineral Extraction Overlav District ma�be issued onlv under Secfi�n 11-10-4. `�rnrial large scale minexal extraction en mit an�nLications for a nernut under tlis Section shall be "�ub�riEted with and concidexed simultaneoucl�� with an an�»li a ion fo an 'nt 'm ti ,rzermit under Secrion 11-10-8 No nermit will be re�uired for an3� of the followine: 1. Excavation for a foundauon_ cellax ox basement of a builciin� if a buildin�nermit has been issued. I 2. Excavation bv ti.� Cfounh� ox CE� a horiri s�n connec ion with cons n c ion or maintenance of roads_ higl�rs or utiliues. 3. .�rb � s i'lih� hookuns or s r onenin� for which another F oermit has been � issued b� the C�i �. 4. Excavation less than one hundred (100,�sc�uare feet in area or one foot (l'1 in deoth• 3 i 5. ExcavatiQn or grading for aericultural nurnoses. B. I,�xg S al in ral x ra rion Ov av Dis ric . Th largP s?1P m�r7P!'2I Px[�CCIOII OV rlav dititrict i5 etitabli4hed The boundan of he istric iti SAH 42 o h no h_ Akron Avenu o h as _ SAH 4 o he so � h and Bis avne Avenue to the west. C. Definitions: For the �moses of this Section_ the followin� definitions shall annlv: Asnhalt Plant - is a facilitv used to manufacture asnhalt or other forms of coated'xoad stone_ sometimes know as blacktoo. This facilirn allows the combination of a number of auvrevares_ sand_ and fller_ 'n he orr ��nortons. heated and finall coated wifha binder. Increasin T_ APl rec��cled asnhalt or a6vr�eQate orodLCts are used as nart of the mlx. Berm - is a level soace_ shelf or raised barrier se an ratin�two areas. _ ��vmetric or HV�oera» ic .har s- ar h r s ha showlak 'bo om r' ief or errain as contour lines (�led denth contou_rs or isobathsl and selected denths (so n in�l. I Clean Fill — as defiued in Dakotl Count�� C)rdinance No. :110. - Concrete - is a mixture of naste and a��,uates�sand and rockl. ''The ste_ co osed o cement and water_ coats the surface of the fine (san 1 and'coarse a��te� ocksl an binds them together into a rock- iLke r�ss known as concrete. Cons�n,crion Ag�rre�tes ox "A�g��gate" - ic a bri�a� cate�� of coa�e particulate �terial used in construction. inclu�ing sand �ravel_ crushed stone_ sla�. and rec��cled concrete. I -Conve �i�n� (Conve�or� iti a common niece of inechanical handlin�; eauinment that moves materials fxom one locaton to anothex. , C: �s �ng ms ing Plant-- is a m?clvne or lan d sismed to reduce lax�e tocks into sm?Ller rocks or gr�vel• p�� ining - is minin�u and excavarion that takes nlace above the vround water table. I ��Iti — is the envir��nmerital in��act statemeut as defined b�• the �tinnesota Envirc�nmeutal �ualit�� Bc> ixd Rul�s Floa in�-Dre �r red ,�g�n�l - iS an activirv of min�g that is carried out underwatex with a machirie e�nned to excavate material from underwater and bring it to shore where thev can be ntncessed into constn1ction ��de a�e�ate~ Hau1 Road — is an internal �rivate road used to tians�ort m�uerial. ��Taul R�ute — is an external �ublic ioad used t<� trans�ort material. _ Mineral �xtxacrion - is ex�action of inox�ari� materials such as orP 1 or sand. ".::.,�g Buff r/S back - is h istan a s n, h,r or a ivit�� must be from the edge of a _� _,,.-- Formatted: Strikethrough EIS boundary line. Portable Procecsin� E�u�nment - is eauinmenc detiiened on a sl�d or axel atisembl�� that can move from oint to noint allowing for shorter travel times and reduced emissions. Pr�cast/Cast Concrete Products - are nroducts such as brid�Te beams or nlank_ concrete oine or culvertti that are catt at a fac�L�t and latex transnorre � to a tioecific contiLn�crion site after �nrooer curin� tme has been achieved. 4 i Read;� 1�Zxed Goncrete Plant - is a fac'in� ha anufa h Y s s ecifi a i, desi�,aned concrete for delivey�� to a customer's construction site in a freshl� miYed or nlasric unhardened state. RecLamaton/End Use - is the orocess �f creating �s fi,l ands apes that meet a varieh�f �?oals. It includes aLl asn cts of t is work. in 1 ing a rial nla ?m n_ s ab'lizing ca��nin�_ re�radin .� and lacing cover soils. re-verretation. and maintenance. $€��l��ohalt and ox r'1gg eQate�(R?�Pl - are left over or demolished concxete ox atinhalt nroductti These nroductti are rec� ct led �e roduce �and reuted in nrodLCtion of new nroducts or road base pxoducts used on constnxcrion sites. Screenin S ree i g Plant - is a m?cline that takes gxan�ated m?teri�l and senaxates it into mul ��le a� s b�oarticle size. Sta�� - iti settin� u of e�oment ox a tmck fleet in ��aration for a da��'s a� Stoc nile - is a nile or storage locarion fox bulk materials_ forminQ narf`of the bulk material handling nrocess. Stockoiles are normallv cxeated b�� a stacking conve�� ng - ic xemovin� tonso'1 (black cLirtl cLa� timber brush and wasfe �,u�e tte s roducts from the t� of the nirin� denosit to ex� ose the uL i r tiand and `arxvel needed in the nroducton of high ua i conshvcdon a r�rx a s c Ton of Material - is a U.S. short ton (2_000 oounds� ��`° ToosoL - is the L�ner outermost La�gx �f soi. usuall�� in the ton 2 t� 8 inches. It has the hi�hest concentration of orgaric rriatter and is where motit of the earth's biolo 'cal so' acrivi occurs. Truck Scale - is a olatform device that a truck will drive onto for wei�� to insure that the �n,ck is of IeQal weip,h an � o im nri�n. ` Wet ��nsn� - is niivng and excavatron �rea that w'L take nlace below the a o�nd wa r �le. Washin�/Wash Plant - is a machine into which sand and gxavel is conve e� d�se�rated bv 5� s ed dewatexed and tlien sent o�toc oiles fox load out D. Review Process: °° 1. �ubL+c Heaxin�• A oubLc heari� w�L be conducted for considerarion of ernz+ ��licafions. The nubLc hearin� nLbLic notice and n oced �r rea�ements for the pemuts shall be the same as those for amendments as nrovided in section 11-10-11 of tlis cha t . 2. ` Criteria for Permit A�nroval: The foLlowin� factors wi be evaluated when determ_iring whether to a�Znrove a lar�e ticale mineral extraction onerarion The ��oroval or denial c�f a nermit tihall include but not limited to findin� on the following factors. a. Gonsistencv with Citr� Plans and PoLicies: The xonosed lar�e scale mnexal extracdo�nernvt is consititent with the comnrehensive �� de nlan an he 1_ocation is sutable in that the excavaton, �nin��nrocessin��l�g�x hauli e of sand and gravel deoozitti w'L not tend to create a mitiance or unreason�� advertie land use imnactti or excee 1 local titate or federal eafetv 5 i and environmental standards on the adiacent �oerties. The ao�nlicant for a nernit. at the a�Znlicant's sole cost shaLl nrovide inforcrLarion to he1F , �leternune the s�i ab�L inclu�ing�but not Lmited to a completed zoning amendment ap�zlicarion� xhibi ti'll ,5 ra in�ad�acent and on-site buildin� and land uses: exstin� elevat�ns and nercent of slope within and 300 feet I be�ond the nerimeter of the �eFIS bouudar�: and an environment imnact statement. b. Environmental Im�acts: An environmental im� act statement (as defined bv Minnetiota Environmental Oualin� Board Rulesl shall be co�leted fot each ar scale eravel minin�Lj�ct �nosed. The �2ionT sed �ject shall'be so sles'ened and o�erated as to minimize adverse imnacts idetiafie "d Ln_ the �nvironmental im�ct statement. The env�onmental' �nact statement sha_]1 be con5idered b�� the Gitv Gounci nriox to an� final action on'a laxee scale ' minexal extraction »exmit xeauetit The annlication f�r lai�e Scale minexal ' extracti�tzermit shall not be considered comnlete until the rime ati fLnai �o m n as b en eiv d on h ad quac� �f the environmental im ac saemn. c. ��e Scale 1� ineral .xtrac ion Ov rla� Dititrict• The boundarieti of the �rsz sed lar�e scale mineral extracrion o»eration shall be com et l�wi hi th�•�,� scale �uneral extraction overla�� stsict. E. t��Znlication Rec�uirementti• The annLica�icin fi�r a lar�e scale rrineral ext_racton exmit sha incl��de the foLlowine: 1. The correct le,�desc �nri�n �f'the land unon which excavarion i�nronosed 2. he name and addretis"of the �nlicant the owner of the land and the nerson ox ��moxation conductin� the actual removal opexarion. 3. �e namec and addresses of all ad}acent landowners within one-fourth (' / 'le. 4. The �umose of the �nosed excavarion. � ��°-The estimated rime xe ��ed to comnl e�th prQ�tsed excavation and xehab'Ltarion � G,= The names of he h��hwaa s_ s�reets or other �bLc rc�adwans within tbe C. i�1�� which the material shaLl be �ans�orted• 7. � ma� of the �ro. �sed F it ox excavarion area to a scale of one inch eauals 200 feet showin� the resentl� excavate � area the axea rono�ed to be excavated duri� the oermit period_ and the minimum and ma.Kimum elevations of the axea_ and showin� a minimum of 300 feet of the adiTcent land on all �ideti of the oroFotied excavarion area• 6 i 4. � A rehabilitation_ reclamarion_ and restorarion nlan �roviding for the orderl an �.�_; -- Formatted: Double underline Son +n �ing rehab�Ltahon of aLl excavated lan � Such n sha11 �11 S ra using � Formatted: List Paragraph, Add space between paragrephs of the same style, �nronriate oto�� h��ns_ and surve� dxawn to a scale of one inch eauals 20 Numbered + Level: 1+ Numbering Style: 1, 2, feet and with a five-foot contour interval sarisfacton� to the en�ineer. the followine: 3 ••• + Start at: 1+ Alignment: Lek + Aligned at: 0.5" + Tab after: 1" + Indent at: 1" I a. The removal or p]�nn d con o�rti of h land when he ineral removal � ---- Formatted: Indent: Left: 1 ", Hanging: 0.5 . Tab s[ops: 1.5", List tab + Not at 1.8" �nerahons are co leted. I b. s� � � � � ^' a sc edul �-- Formatted: Indent: Left: 1", Hanging: 0.5", s'n�for h the ime able for excava +on and rehab'li ation of land lvin� Tab stops: 1.5", List tab + Not at 1.8"� within the acrive_ inactive and restoradon areas. ' I c. Those �reas c�f the site nsed for stora�„��f i�otioi an � overbu_rden. •---- Formatted: Indent: Left: 1 ", Hanging: 0.5", Tab stops: 1.5", List tab + Not at 1.8" I d. The deoth of all water bodies_ the slooes of all slooes after rehabilitarion and ------- Formatted: Indent: Left: 1", Hanging: 0.5", _�_�� Tab stops: 1.5", List tab + Not at 1.8" � a descrinrion of the tv»e and auanri nf annn . where re-ve etation is to be estabLshed. = I e. The five foot contours chall extend at leatit 2Q0 feet 6ev�nd the boundar� �---- Formatted: Indent: Lek: 1", Hanging: 0.5", ��ration or bg;�ond the ad�o'nin ri�ht of wa�_ wlichever is more Tab stops: 1.5', List tab + Not at 1.8" inclusive. - .---- Formatted: Ust Paragraph, Add space -= '� 6etween paragraphs of the same style, Line f. :�ucillar�: a�d accesson- use rehabilitation. reclamaticin aud resroraric�n �lan. �•, spacing: single, No bullets or numbering, Tab stops: Not at 1.8" �..._ = ='.-- _ _.. -- - - -- ---�. . �� ,�� _...__ _ , �, s_*. The ma�mum slo�e of the recla�non area rhat it develo�able sh� be at Formatted: Indent: Left: 1", Numbered + no steeoer than five (51 feet horizontal to one (11 foot vertical. The Level: 1+ Numbering Style: a, b, c, ... + start , . . ', �„ at: 6+ Alignment: Left + Aligned at: Q.5" + ma m,m slone of the reclamatron area that is undevelonable_ such as the Tab after. 1" + Indent at: 1 ", Tab stops: 1.5 �xea lietween a water bod�cand a�lit-of-wa;,� line shall be no stee�ex than , List tab + Not at 1" �yn (21 feet honzontal to one �11 foot vertical An slo�e ereater than three '�,� Formatted: Double underline (31 feet horizontal to one 11 foot vertical shall be desi ed bv a licensed t� Formatted: Normal, Indent: LeR: 1", No en�Tineex and a�nroved b�e C,i��ngineer. �', bullets or numbering �, � Formatted: Indent: Left: 1", Numbered + r , _ _.. _ . __ _ - -- - _ , ° h: ,1d�ac.ent to �� ater liodtc,s: F^'c�r manm ide groundwarer 1 t6es the bottom �vel: 1+ Numbering Style: a, b, c, ... + Start .',, �' '�, at: 6+ Alignment: Lek + Aligned at: 0.5" + cunte>ur sl�all be �adua�llv slo�in�; fxam the shoreline to tl�e dee��est ��orti<m :^, Tab after. 1" + Indent at: 1", Tab srops: 1.5", _� of the «�ater budv xt a inasimum sloge z>t ten feet horizc�ntal to one foot , �ist tab + Not at 1" �rectical ("10:1� from at least fift�,�501 feet u�lsiud from the �rc�posed shoreline ��,� Formatted: Double underline to :it lcast ten (10) feet frotn the }ixo�osed shoreline to�card the center of tl�e � Formatted: Indent: Left: 0.5", No bullets or waTer bo�1F. L3e��oud ten 101 feer in hc>rizontal distance the slone of the `. numbering bottoni c<mtonrs ma� be no steeper than 2:1. Formatted: Indent: Left: 1 rvumbered + Level: 1+ Numbering Style: a, b, c, ... + Start I �-y " - - �., Tab afterl Indent t AI gned b st Ps: 1.5", _ ��, List tab + Not at 1" _ _ ....... . --.� _ — _. - -' - . � Formatted. Indent. Left: 0.5", Hanging: 0.5" 7 i __ _ _ -__ _---- __ ______ _ ----- _- ��x'hen nutun� is �cc��x�sed wirhin the �roundwater ox widiin twent�(201 verrical feet of a liistoric giuundwater measurement eleeatir�❑ then a h,•��c�lo�,*ical snid� sl�all be submirted. Tl�c study �vill iuclude tests oE soils and geoui�dwatei ro deteimine tlie �resence of contaminants on the site that will, or could Ue rele.ised to the�„Troundwatee or the environment b�� nuning ax xelated activities. All contanuuants of concern idenufied in tl�e I:IS and any orl�er contaminants identified bv rhe Cit�- Counci] will be studied uuless the a��licant demc�n.trates to rhe : satisfaction of the City Council that sucl� stud� is not w�trranted. hydrogeolo 'cal stu v shall include the followin�>: _ a. Decc � tic�n of each �xoundwater excavarion (s�ze -sh ne and l�cationl �------ Formatted: Indenc: Left: 1", Hanging: 0.5", � Tab stops: 1.5", List qb + Not at 1.8" � Formatted: Indent: Left: 1.5", No bullets or a-U. Descri�tion tl�e location aud ccinstniction infurination of a71 wells within '�. numbering three hundred (300) feef of tl�e EiIS tx,undanr• ' Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 1.5", List tab + Not at 1.8" I kr.c. Desc � tion of the � osed fill acti (erain siz distribution_ uanh _ an �--- - Formatted: Indent: LeR: 1", Hanging: 0.5", nlacement nr�ceduresl. Tab stops: 1.5", List tab + Not at 1.8" I e:d. Desc � rion of the aaufer characterisrics in the area of each �roundwater -- Formatbed: Indent: Left: 1", Han i 0.5", .- - 9� excavarion to be affected 6'' ro�iosed fill activi �(aauifer thickness and Tab stops: 1.5", List tab + Not at 1.8" general �e�lo�i al se 'n l. ` " I e}:e. s' e" oacts of the ��osed fill activih�eroundwater flow �----- Formatted: Indent: Left: 1", Hanging: 0.5"� �= Tab stops: 1.5", List tab + Not at 1.8" f Dcscr�ki(�n cif t��.ixoundwater m�nitonnQ nlan including r�7dence t<� tl�e �----- - Formatted: Indent: Left: 1", Hanging: 0.� City Ct�uiicil s tiarisf:iction. that the �rc��oced mouiroring will �rovide rimelc Tab stops: 1.5", List tab + Not at 1.8" - and effective notice. c�f cl�an�es tc� the h��drolo� the presence c�f = cotitaininants of concem dlat �vere nor �reviousl�: ideutitied. or d�e release. - lnovemei�t or rhe threatened release of conraininants �-- Formatted: List Paragrdph, Add space °�T. Identif�and describe all measures that �aill be taken tu acoid �otenri;il beb^ieen paragraphs of the same style, Line - spacing: single, No bullets or numbering, Tab = impacts on the �nuundwater fxuin miniu�> or rel•;ted �ictivirie� incluclin�, Uut stops: Not at 1.8" ' v nut limitea to testln� mcxliTOrin� containment and miU� ihon. ` Formatted: Indent: Left: 1", Hanging: 0.5", � Tab stops: 1.5", List tab + Not at 1.8" t-h. Idcntif�the de�di to Pr:urie Du Chien a�uifer and determine the a�i<�oriate �. For"'atbed: llst Paragraph, Add space between parag2phs of tlie same style, Line �e�araticin bet�veen the muun� .lctivit�and the �c�uifer. spacing: single, No bullets or numbering, Tab , stops: Not at 1.8" I Formatted: Indent: Left: 1", Hanging: 0.5", �i. Such other information as the CE�r ma� from time to time rec�uire. Tab stops: 1.5", List tab + Not at 1.8" � Pormatted: Indent: Left: 1", Hanging: 0.5", I • � . . � . . � . � Tab stops: 1.5", List tab + Not at 1.8" 8 i . � __ _ � ,_ _ _ - .- ___ _-- ,� :� _.�--___ _--___�_: -�--___ . . - - ,- .- _.� - , _ . _ __ _ _ - _ - -- � -_ - __ _ �_ ___ __ ___ 10. Location of an�� and aLl exstn� w ls and h si - an � denth thereof. �---- - Formatted Numbered + Level: 1+ Numbering Sryle: 1, 2, 3, ... + Start at: 10 + �., Alignment: Left + Aligned at: 0.5" + Tab after: �3:11. Stu•face water �rotection�laa includin�; a contin�;ency resnT_�use plan and em�loti�ee+ � 1" + Indent at: 1" tiainin� tr> facilitate imme��iate and iemedial res�onve .huulil auy accident release c>f ` ��d: Indent: Left: 1", No buflets m numbering contaminant. or other s�ill occurs. - _ � Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 10 + I 9-12. Such other information as the C��v from time to time reaLe_ including, but •, Algnment: Left + Aligned at: 0.5" + Tab after: -- - 1" + Indent at: 1' not limited to the locauon or �' ed location of all titock Iln eti of agg��ate-base '' Formatted: Numbered + �evel: 1+ construction a�ris �terial �n the land for which the �exmit iti decir_ed Numbering Sryfe: 1, 2, 3, ... + Start at: 10 + __. Alignment: LeR + Aligned at: 0.5" + Tab after: `- - 1" + Indent at: 1" F. ilccessorv Uses: Within a laree scale minexal extracrion oneration_ the followin� uses are sustomaril�incidental to`its"� eration and do not rec�uire a se�arate en mut or anoroval. ese acces, s c: `'S eet the same formance standards as the lare s extraction o�eration '-- 1. Sixavel Grusline. 2. Gravel`Washine. 3. Offi .es'asso 'a d wi h he i ine�oeration and ancillarv uses. 4. := ��. Truck Wasltine. 5 - Zinor Velicle and l�ring F��nment 1�laintenance 6 ' 5tock�ilin� � _�- _�- €. StoL�,e of Macl�ii�ery used dail�* in the estxaction axea. _,_-- Formatted: �oubfe underfine G. r�ncill� Uses: There are a number of uses and »roduction faciliries that either use �uantities of a�,��?ate xesouxces or benefit from close �rosimitv to lar�e scale tnineral extraction o�erarion but also generate issues. nuisances and adverse land use im�acts bevond the scone of the oneration itself. The followin� r�,�ulations a�2�1v to these ancillarv uses to a laxge scale mineral extxaction o rati�n. 9 i I 1 Seoarate Interim U1e Permit Reouired• Tc� addresti the itisuec nuisances and adverse land use imna ti generated b�an 'lla �ses a se�arate interim utie rmi a nrovided in secrion 11-10-8 of this chanter shall be annlied for and a��xQVed for �ach ancillan� use. The listine of a use in the foll�jn� suhsection does not mean that the use wi1l�o�nr�ved within the la �e scale nineral exLacnon oneraton or a he �s w ll be a low d d�'n he ent�re d�ation of the onerarion. The decision wh�h r to g��t grant wi h con�tions or den�� an annLication for such an ancillarv use is within the discretion of the Citv ouncil � y � � - Formatted: Double underline - ---- - - --- __ _ -- - • - - - ---- `�: -- 2 .�ssc�ciation ��'ith �Ln1ti�:�ctivzt�: Au ancilltr� use ma�- be allo��ed grovided diat �� Formatted: Normal, Indent: Left: 0.5", No anv of the followin� conditions are meet: bullets or numberiny -: � . _.-- Formattetf: Double underline .._....----- __ _ --- - _.._...._ ._...._..__�_....--- --- -...--- __ _____.. ...--- -.._... --, a. On a site that l�as an a�raved lar<� scale miner extractic�ri �eriiut in � Fonnatted: Indent: Lek: 0.5 tvo bullets or comnli:iuce with this secrion. numbering • � � Formatted - ----- -- ----..._- .... ------------------�---''-- ----__------- -;. ..---.__..__..._ ._ �-b. In cou�uucriou wirh lars e scale nunrxal extractic>n occurcin�; �irithin tlie •�., �`�;�- Formatted: Doubie underline a��roved F?IS boundai-��, �ic<��rided the adjoining munici�ali - ha� approved `' �natted: Normal Indent: �eft: 1", No tLie lai�;e scale inineral extractic>n aud �ro�7ded the :uicillary u,e facih� was , bullets w numbering oii„inall�an intexim use�ermit in cr�niuuctioii �virl� large srile nvueral � Formatted estxacti��n in the Cih� of R�>semount �� I ?.3. �II�1�1�� Uties Gontiidered• The f9ll�win,� i� a list oE anc'll_an� utieti that ma� considered in associaton with a' aLr�e scale mineral extraction ooerarion and the issues and �rformance standards that shall be addressed within the interim use � a. ancrete Pxoducti�n: i'�'plant for the �roduction of concrete ma�� be allowed on a site that has an a xov d ar�,�scale ninexal exLr?crion g�rmit in comnliance with this section. In addition. the fflllowin� �Zerformance , . standards shall anolv: 1) � ocanon• The �2Lant 5haL1 be located in Such a wa� as o i imi�e i s �, visibili from an adiacent residential use or a nublic rinht of wa�. This rn�v be accom�hed throu�h to�a�hv lan�dsc nin� exisrin� v��etation_ bermin� ot setback. The minunum setback from anv �� EIS bounda line shall be twice the he ht of the lant or Formatted: Strikethrough I � � �-- ___- _ apoLcable setback t�n jex this code. whichevex is ea er - 2) Mulri le Readv Mix Concrete Planrs• IE a facilitv iti to have mul[iul� __ concrete »lantti each concrete nlant shall have its own senarate interim ��.nermit The 'ma r a 3� nix mncrete nlant shaLl have the e�nment_ e�ce�it for sile�s and rhe cc�n�•e��ors that trans�ort marerials into the btuldin�enclosed within a builciin�. - _ . ..._.. ,_.__.:...,_._---_=--:..._..�.::_.__:_—.-__._.-._-__--:..-:....:�..:,.. ----_....___--... _—.___-__.--�_._ � , , , , > > 10 i __ -- -- ___ _ -- -_ _ -- __------�_ _ ---- - ---- � One or mc�re �econdary� cc�nerete �lantti ma� be �emiitted if an active interim use nermit for the �rin�ai conereTe has been a�rc�ved that includes a te�}uirement that the �riman,- concrete ��lant building be com�lered within eighteen �8) months of a�+�roval. 3) �� h: Th aXim m h i�ht of an� concrete nlant shall be one hundred and five feet �10 '1 � 4) I�lateria Stoclmiles: Stoc Piles associated with these uses shall lze li i ed o a h ight of sixn� feet (60'l. 5) O�rd� ��r Storag�: There shall he no outdoor:sror�ge of`fiivahed material or ��oductti All e�nment and raw material acsociated with the cement or concrete �lant must be screened fxom view from an adjacen retiidential L�se or ub ic � h of �_� in confori�nce with Section 11-2- . "Outdoor Storage"_ of this tide 6) Hszurs of Operarion• The hours of oneration shall be L'+mited to 7 a.m. to 7 o.m. 141onda� hxo � Sa �rda� Lnletiti ti �al nezirission is an d �3� he ,itv (;ounc'1 witlim the interim use nernit The ex�a houxs of oneration rrLV be c�n�idoned' �n mo r s ri iv nerformance standards to address tlie ad�tional adverse imnacCS resultin�� frc�m rhe extra hc�urs. 7) I3�t�$QUtes: Txaffic ��exated � this use sha 1��1»e ha 1 outes I annroved b�� the C and other a�enciec a� rea�ed The nlant ownex shall be resnonsible for roa�m�rQVements and easerr�nts a�ed for I 1�1�esti and eeress subject to a��roval bv the C�lt�� The ha �l rout c av xeauire Dakota Count�� Highwa_�_Denartment or the 1�linnesota Denartment of Trans£ ortarion a�nroval as well. b. r�snhalt Production: A nlant for the nroduction of as alt ma�,� be allowe� on a site that has an a»nroved large Scale mineral ex�action nerrrit in -' �ance wi h hiti s ction In ad i ion the fo low'np oerformance _ standards shall aonlv: 1) I.ocation• The as�� lant and all eca�nment acsociated with it shall be == located a minimum of six hundred sixtv feet (660'� fxom an� non_ araricultural zoned land. 2) Setback and Bufferin��Lant and aLl eauin� ment and materials �s9ci�Yed with it shall be set back a minunum of seventv fiv� feet f75'1 I fxom an� EIS boundarv line and ccxeened b� natural_features __,--- Formatted: Svikethrough ��xming tzrY�g� ----� --- --- ------- d e ce tation Year round one hundred r n I100%1 �nac�ue screenin�with earthen berms and landsca in a shall be �auired f om ground level to the fir�;t thim� ercent (30%1 of the 11 i ovexall hei ht and fif excent �/o�Q�ue to fif� nercenY (�QL)� Ihe overaLl hei t of the plant as viewed from e�re level from $11T rounding �nht of wa�or roadwavs 3) Haul Routes• Traffic generated b� this s shall ,'li�e ha 1 rou e� � �� th�Cg�1�t c and other a�encies as re�iired. The �Lant owner shall be xes�oncible fox xoad im»xovement�; and easementc needed for I it1�'ess and eQress subject to annroval b t he C ��. T'he haul routes mav resuire Dakota C.ountr�HHighSat�� D��r m nr ox rh . inneso a'`' Den artment of Trans as well. 4) Accesv• Traffic�enerated b�� this utie ShaLl enter onto S�eets consittent with citv access and design standards. The owner o�thes�us�shall be resnonsible for all costs associated with road imnrovements req�1 er d to serve the use. 5) Material Stock�es: Stockniles associated wlth' these uses shall be limited to a heigjlt of suc fi eet (60'l. 6) 9utdoor Stora�e: There shall be no ou[door storage of fuushed material or nrod crs. All ��,�inmgnr and raw marerial accncia ed wi h he as�ial Dlant must be screen�d itom view from an adLcent xesidential use or 'c ',ht of wap'in coriformance with secrion 11-2-9_ "Outdoor ��;e"_ of this rite. ° ' 7) Air Fmistii�nti• AS al ooerationc shall comD1Y witliMinneS es. axt 7011 f�f'testirt�r monitoring and o exadonal reaturement� 8) aste $�mroducts: This use shall otterate so as not to dischar�e onto the soilti 6riYhin tl�e F,IS bcniudar#rtz�-�e� across the boundaries of �IS boundary line or thxough oexcolation into the subsoil �vitl�in �.��FIS boundarv or be��ond the }� EIS bciundaiv line where euch use i5 located_ toxic or no�ious matter in su concentrarions as to 6e detrimental to ox endan h n b i h al h. safe _ comfort or welfare: or. cause in�� or dam?ge to ��er � =_ ' ti� tis - 9� OdorS• This use Shall otzerate So aa to nrevent the emiti5ion of odorous I , _ ' matter of tiuch ouaL ati to be d�rectable be,�ond_'�_ ��-, �`.��4 .�i� , �� ,'- '� .-'� � • . '� ' EIS boundai�line. 10) Sure � Bond: This use shall com�J� with the an�nlicable o eratin�_ siz�cial requirements and bondin� for re�toration standardt fox mineral ex�raction s�eciFed in snbsection K4 of tlis Section. 11) Hourti of O�eration• The hourc of o�gtation chall be limited to 7 a.m to 7 n.m. Monda� through Saturdav unless special nermission is Qranted � the Ci r Council within the interim use rmit. The extra hours of 12 i ti ' ormanc standards to address the adverse imnacts caused b the extra hours c. Maintenance Facilitv, A fac'Ltt fo�� of �n�cks_ other velicles and ��»ment used in a mineral extraction tz�?eration ma�be aLlowed on a site that has an anncoved latge scale mineral exttaction nermic in com liance wi this secton T'he cons�n�ction and detii�n of the rr�nrenance fac�Ltt s� hall comR.lp with site_ lot and builciin� standards within Section 11-4-1G P_�g�� hs F and G. d. �as ��Yard: A facilitv for the manufacturinn of �recast concrete �2rod c s ma� be allowed on a site that has an annroved lar�e scale mineral extraction oermit in comtzliance with this section. The castin� of the concrete roducts sha 1 o r wi in a b�il in� w1Le the curin� � th�nroductz ma�r occL o doors. The Cit� C;ouncil mav atmr<�ve the <�utdc>i"sr castin�; of oversized concrete �roducC;�ruvided that rl�e <�versii�d �roduct:� are to l�e ased in a consrruction �roject that the operatoe l�as beeu awarded and the outdoor oversired ��roducr casting ceases when the-con`stiucuon �roject is 6nished. The contitruction and dec��of a castin�yaxd thar w'll exst lon�*ex than ten (10��ears shall com�� with site_ lot. and buildin�tandards within Section 11-4-1G Para��nhs F and G. ;`":- e. i�gt�gate Processing and Recvcled ��,g e�Qare Productti Pro luction• The conveving_ crushin�g. screening and waslvn� of a�,gr an �.c�CLi1g concxete and asnh�lt m?�t be allowed on a site that hati an a»�oved l��e scale mineral extrac[ion�nermit in compliance with tlis section. In dirion_ the foLloevin� fierfoxr�nce srandards shaLl aoolv: 1) Locarion: The nlant shall be located in such a wa�as to minimize its visibili roin an ad�rent residential use or a� bu lic ri t of wa�. This may be accomnlished thxou�=h to�c e�anhy. landsca��_ existine " veQeta�ion_ bernine ox setback. 2) ; Idlaterial Srockn les• Stocknilec associa e 1 wi h heee s s sha 1 be imi ed to a heieht of sixn� feet 6�'l. - 3) Hours of n�ration• The houn of operarion tihall be limited to 7 a m. to 7 n.m. 141onda tT�I1T�Llgh Satux �a�r unless s ecial nemvssion is exanted bv - the Cifi Gounci witlin the interim use nernvt The extra hoLS c�f , Qnerarion mav be conditioned on more restrictive �erformance standaxds to addxess the advexse impa ti a�5 d�b�he exta h�urs. 4) Ratio9��,�e�>ate Proces�;in�to Recvcled A��.Ye Productti Px_oducrion� To rrLximi�P rhe use of riined a��te material and I minimize imnorting of rec;-cleei material trans�orted from �utside the associated eravel mine_ a ratio of a eeate nrocessing to recvcled �ger�4,�te roduct nrocestiing Shall be etitabli�hed within the interim u�e �ermit. The ratio shall have a minimum c�f seventv excent 70%1 13 i �g�eg�te �mcessin� and a maxixnuxn of thimr �ercent (30% xecvc ��e�t�nroduct �rocecstt�t�ln ..�..n �... ..._.._....� .._ .,�.. �-:�_ .... ..� ,..._...., �....:�:I'he r.�rio shall be based � on tonn;i�e sales and t6e actual tonna};e sales shall be re�orted to the Cin' on an annual basis. The Cir�- Council m:i� liinit the: area in the a��;re��;ate �rocess facilit� in with the recvcled a��re�ate�roducts may be stored. H. L'�xfarmance Standards: 1. Boundanr Extacrion o��ratonti ShaLl be conducted witlLn the confinee of the : excavarion site deccribed in the netmlt 2. r'�scess: Extraction o�erations shall onlv be allowed on sites that have �irect access I S�nrincinal arterial. minor arteriaL or collector street as desienatedinthe C�� RoSemount comnrehentiive ,'de olan A local atreet ma�� be used if a�nroved bv he itT oun il. 3. Setbacks: Setback boundaries shall be as follows. Where sethacks are measured from zonin�r dititrict boundariec that occur alo�g a n�b i' s r ri�n --wa t�h� z4ning dititrict boundara i�; aetiumed to be the'centerline of that nublic righ --wav. a. Residen ial .on�� Dis ri : 0 f r' b. Industrial_ Commercial ox Insfitutional Zonin�� Dlstrict�l`.zQ ee c. clf�ricultural Z.orin� District: 30 feet d. Inhabited Residence not in'a Retiidential Zoru�� District: 200 feet e. Rieht-of-wa� or Streets: 75 fee £ Pre-e�cistin¢ VUa r Iindies: 150 feet I 4. i> • .--- Formatted:Doubieunderline -- - -.. — -- _.. _. _.. -- --... _ _ -- —. _ .. -- _ ' - Formatted: Normal, No bullets or numbering a. he e` t af all eq�oment. stock��es_ and aLl o�her onexations. excent ose describ�d in subsection b and c below_ within the n exmitted mineral �teacrion o�exation shall not exceed sixtv (601 feet. This standard does not �golv to the ancillarv facilities covexed b�a senarate interim use nermit" � - - Formatted: Double underline '=:. . -- --- - - -------.. - ---- - - -- - - - , . ---.�`� =; b. � Formatted: Normal, Indent: Lek: 1", No _: '; E k , _ . bullets or numbering -= - � _�, -...._ , _ � _.... _ . � � -� � � r.-n�-;;�',n�`I'hc Cit�� (�ouncil inav a a limited numbex c>[ stationai;�•v can��ors to a hcight no taller than sikh five (65) feeT �ru�7ded diat all �ractic.il means of screeuing .iud �exbacks are em�ilot•ed int<� The cc>nee��or� cc�ntitnictiou ancl lllstallatic�u. � - FormaKed: Double underline `----- Formatted: Normal, Indent: Left: 1", No c. The floa�n�clred�� shall not esceed seven � five feet in height. bullets w numbering 14 i 5. ��eaxance. Scxeenin�_ and Bernvng• The muiing shall be screened from anv nublic �ght-of-wav or ur6an develooment throu�h a omb'na ion of e is ing stands o �ees_ bernin r�nd installed landsca inc� a. F�u��g Tree Standti• T'he nref rr j m thod of s re nin$ the mLning onerarion is the maint�nin� IS 1n�tands of �ees that woLld nrovide a level of at least runetv oercent (2Q% ona �. If the stand of_tre�s _oes no I nrovide rLnetv ercent�90%l �naci �_ then addtion�l landsca}�i g or bermin�; shall be installed to �rovide ninetv ercent 90%�naci An annual o� at��t of the txee stands shall be conducted and dead ve�tarion�be and additional landscaoine oi bermin�; shall be installed maintain nine �(2Q°14 onaci The methodolo�ti� f��e the o�aci ,t�; mea"sure shsill be taken duriu�dl lcaf rrowth from the shoulder of andpublic rostc{ c�r uei�hborin��ro�ertv to deternuue onaciCy in a band five (5)'feet to seven (71 � feet off fhe�round. ' b. ermti chall be conctructed in areas whexe the e's '� tree st�nciti do not 'ti The berxns shall be at least te eet in height measured from the roe of the bexm ox from the fog�ine of the exstin� n�b i road w ich .v �; ,1 ti in th��a s h i�ht of the berm. G. Hours of n�erations: a. ��; The hours of oneraton tihaLl be Lirruted to 7 a.m. to 7� . M�ondav rh YnL gh Saturda� Th o' m', �n� Develc��ment Director ma� ori Sunda��oeratioft=frc�rii 8 a:rn. to 5 n.m. on n4 mor� than �ive�5 Sundavs annu�knxovi ied'the onera o notifi s h o m, it�� Develo�m n DLector rio letis rhan 72 hoLxs befare a Sunda��neraton The Citx ouncil m��taut snecial trermission fox extra hours of ooerarion within h annu 1 extactidn�nertrnit The extra houxti of o�e�ation mav be conditioned on more"re�tricrive�»erformance standardti to addre�5 the additional advertie i�lnacts caused b�the extra h�L_rs of o eraton. `b Cruchingand Washin�� The houxs of o�ration shall be limited to 7 a.m. ro 7».m. 1�londa�throu��, e Ci � Council ma�nrant snecial nexmitision for extra hotic of oneraton within the a nual ex raction en rmit' The extra hours of o�eration ma�r be conditioned on moxe restrictive �'� �" � - nerformance standards to addcess the advexse imnacts caused b�the extra - - �uxs of o xation. c. Truck Hauline: The hours of onerarion shall be limited to 7 a.m. to 7�,m �Ionda� rough Sat�da��. The Cornrr�unitv evelo»ment Diector mav authorize Sundap oneratian from 8 a.m. to 5 n.m. on no more than five (51 S�nda s annua v�nrovided the �oerat�r notifies the Communitv J�evelonment Director na less than 72 hours before a Sunda� o erarion. The Citv Counc 1 mav erant s ecial permssion fox extra ho�s of oeeration within the annual extraction nexmit. The extsa hours of onetation mav be F con c�+rioned on more restrictive nerfor�nce standards. inclu i h, no 15 i L+mted to the Ln�ck hatal routeti to ad�ress the adverse imoactti cautied b��he ex�a hours of on eration. d. ,�ta�g Activides: Sta�� activities will be�ne_+�_.nitred one h�lf ho� before normal hours and one half hour after normal hours. Stag1II� ac� rivities indude Liiin�o and loacLin� �f trucks_ equinment ins�gctions. fueling_ an other sir�r xelated acrions. Trucks �� entex the site within one half hour before the normal hours_ however. no eravel trucks ma�� leave the site until normal hours of oF erarion. After the P.M. noxmal hours of operarion and wirhin one half hour �ast the P.M. norm?1 hou_rs of operation_ site clean-un and ec��w�'»ment maintenance is pernitte � as weLl `` 7. � _ ' a. Mining: During the entire period of onerarions_ all excavations other than ' the wo�g face shall be sl�ned on all sidesno steener than one (1 00 horizontal to one (11 foot vertical. unless a stee er`sl�oe is annxoved b�� the �� neer. b. $�rming: The nublic view or ri�ht-of-wa� face of the nerimeter berms shall be slooed no steener than four (41`feet horizontal to one (11 foot vertical. The extracrion side of the oerimeEex berm shaLl be sloned no stee er than three (3� feet hori�ontal`to one (11`foot vertical. I 8. Noic • Ma im �m noic 1 v 1 a th �erimeter of the ��.~�EIS boundan• __._ . shall com�j with the limits �r standards established bv the Minnesota Pollution Control Agenc�� and the United'�tates EnvLOnmental�Protecdon A�encv , ` � 9. Paved Access Road: V �11 acoess roads from a laxge scale �nex 1 extracrion o eration to an��nublic roadwav shall be �aved with asnhalt or concrete for a distance of at least 150 feef_ measured from the minin� side of the ublic �ght-of-wav. to muiimize �ust con��ions .DLrin the annual � o er.itinU »ermit review_ the Ci __.--- Formatted• Strikethrough I _ � �- --- --- �----��-------- ---- ----- -- -- ' Council=ma�� r"eauire addirional � aving le�gth if dust and mud trackin�are identified ;�; � lem b�� the Ceitv ALl unnaved xoadc witlin the aunin��neraton ShaLl be �;�... . . . 7r�ated with a dust retardant on a reF�ular basis as strpulated in the annual�� ____-- �rmatted: Strikethrough = c�i�ratin = ermit ' fQ Dus on r il: Onerators shaLl use all nractical means ro reduce the amount of fueirive dust generated b�� excavarion onerations. In an�i even�the amount of dust _, or othex oarticulate �tter generated b�� h x avation shall no x � ir �o ution �ndards established b� the i�linnesota Pollurion Control Agenc� . On � with wind advl5oi�, as defined bv the Natic�nal Oceauic and ��tmos�hcric :�dministraric�n's Natic�nal \�'eather Sereice the Communitv Develo ment Director ma . � i � reauire diuin� tl�e rime of �ciud -idvitc�r�that the .. � . , . •...._ . ,._ . __ d - minin -- ----__....... . Qneration cease onerationti to eliminate ad�tonal dutit �eneration 11. �xnlosives• The use of explosive�; in the lar�e scale mineral extracuon o�erarion is nr��bit� . 16 i 12. Surface Water Pollution: Tl�e �ennittee shall ��repare a surface water �r<�tection �lan to ensure rl�at si.uf:ice water �ualit�is not im�acted by rl�e mining aner accidents or s��ills widiin rlie EIti boundare The minin� lans shall com� with the �tr S�face Watez Mana�ement Plan Excavarion oneratort ShaLl com�zl� with all �cable 1�linnesota Pollurion Control en nd De ment Qf Natura Resources re�ularions and aLl ao�nLrable Urited States EnvLOnmental Protection Agenc ��re�ulations for the nrotection of warer aualitv. No waste oroducts or �rocessed residue_ includin� untreated wash water_ shall be denosired in an�� watexs of the State of Minnesota. 13. Groundwater• The excavadon oneratorti sh 11_ � ao re a g�oundwater moniforine �lan to ensure rhat �oundwater flow_ level. or auali is not '' acted. he eroundwater monitoring�lan shall com�zl ir with Cih� and Minnesota Denartrnent of Health re�lationc 'I'he �;rc�und�vatei mc�nitoiiu�r nl�ui m-iy inclucle the �neface �vatei ' mouitorin� of .tnv created water bod� that is feed li}� �re7undwater iiiclu�lin� die munitoring of an� water bodies or channeli7ccl wateitivavs [sibutar� to Che created watex bodv. 14. Wastewater: On site sewa�T�treatment s�,�;tem.e shall`conforcn with Citv Code Tide 9 ��Pr C Dak�ta ('ountv Or linance 113_'an � all ann irabl state and federal � _ I 15. Tonsoil• All to�soil located •�- •�-�• the I� IS bound�� befoxe the mineral extracrion oneration be�n� exce t the tootoil located over areati that are nlanned to be reclamated ati onen water shall'remain within boundariel of rhe o� ar rion Acldifional o so�l ,,' b xetuned tQ entiuxe ha a mi imum of ( incheti of to �oil is nlaced on all areati reclaimed and restored as drv eround. 1G. Landsca ine: _� a. �e �" �`ee and �xound cover ShaLl be nretierved o he m? imum extent - easible. maintained or sunnlemented bv selective cuttin��nlanring�t�d �rilanting of trees_ shrubs and other eround� cover along all setback are�s I t� ��h view and xi -nf- �side of bexms thar axe �anned to e�st = �er than fifteen (15�rears shaLl be land�ca�ned with a densi �of one tree = r 2 s uare feet � riinimum of 66% of the treeti ShaLl be corifers. ' � _,; _-- Formatted: Double underline ._ - - -- .. ___..___ , --. _ - -- . . -. __ . --. ' k�-c 1"hc ( tt�('ouncil miy considei �ta�;��crtu� the nnun�; uf the ii�stallatiou c�f the ��' pormatbed: �ndent: �eft: 0.5", No bullets or landsca�in� if more l.�exmin�; i, ec�nstnutioi� than is rec�iured [o sereen the numbering ��ha�e of minin��ernutted witl� thr annual o�eratii t�emvt. I Fd Bexmc that axe nlanned to exist less than 15 �iears Shall be landsca� ed with a standard MND(�T ROW mix. 17 i I t� e. �ll areas recl�imed shaLl be seeded with a Cit;��roved seed �rix within ourtee 14 da s of final ade be' established. Additional se � s� be annlied as needed until the ve�etation has been established. I e-f. The rit�� r�e �re rover over a ati ha hav re aine � un ismrbed for moxe than twelve (121 months if it is detemined that these areas eA nerate airborne dust articles. 17. Maintenance of 1�ZrLng V i 1 s: a. All machinerv shall be ke�Zi_sz(zerarional• b. Abandoned machinen and n�bbish shall be ro�v removed fxo�m the excavarion site. c. All machiner;��u�y�»ecte�d r��nainted as need to even rusti or o her de eriora ion of he mac inerv. I 18. _Ligh� :g Anv li�hring shall be sluelded to nr� ',hts,from bein ir d a traffic on a oubLc road in tiLCh brLance thaf'it 'vno�s the vision of the driver and ma��ot interfere with or obscure traffc sigps or"s��als. ��' __-- Formatted:5trikethrough s'�� :. The level of li�htin�; shall not exceed 1.0 lumen at the EIS boundary Lne. ' ' •---- � Formatted: Indent: Left: 1", No bullets or 19. Com�liance with Othcr Guvernmental Re�,�ialation::: The ]ar�e scalr nuneral numbering extr�LCiion operatiou shall.cvtn��%witl� all a�licarion Federal Stare and Cow�tt' laws and re�nilations inclu�3in�= akota Cc�unr�� (�rdinances No. 11b aud No. 111. � -_ ._-- Formatted: Double underline . . - - - --- - - -- -_. - -.___ W. -- _ -- -- -_ 20. Com(�liance with Tl�e FIS: The City shall deterinine ��ermit conditioi�s ani� �� Formatted: IndenL• Lek: 0.5", No bullets or rec�irements thtr address i�sues and x�tenrial im�;tets d�at include. but are nc�t numberin9 limired to. those c�escribed in tl�e EIS. "1'he City Counci] ma�reauire additivnal studies e�r information on anv issues thsit the Council deCermines were not adec�uatelv addressed iu tPie EIS bec,iuse dle EIS does uot contain sufficient detail fc�r �ieimiE �ur�oses, because the ��rv�c�sed means of miri��ation have changed_ _T �iec<ius�, uew miti�atian tecl�nic�ues are avsulablc_ because new information has bee❑ ditict�vered or for air� other reason. �`� ��'�. .��ounci Waivec: The Gitv Gounci_ at the tme of issuance of the annual ex�r?cdon �rmit mav waive or mc�difv an�of the Drovisions in thi� section or imnose _ additional re �uirements if it finds that the lan of oF eration or other materials submitted with the a�oLicaton or other factors make a�ronriate more sutable measures for standards consistent with the rn�bLc health_ safe�� and welfare. I. Snecial ReoLiements• I 1. Reimbur�e of Gin� Gosts• The n itt e shall r'mburc h CFitv fox �he cost of oeriodic ins�ections for the numose of determinin� that the �rovisions of the I �acrion oermit and tlus Section are bein� foLlowed 1'he Cit�� ma� ret�un 18 i I consultants at tl�e applic.iut's e�ense to evaluate tl�e a��licatiou rec�uirements, mc�nitaring and testin�u xesults. 2. Ro es: The a i an sha 1 sub i t h Cfin� a d�raile� man of the streets on �hich the material removed shall be transnorred (haul . routes . The C€ � _._--- Formatted: Strikethrough = ____�_'�____._-�--_--- -�-'�--�----- �»ect the haul��routes ��osed to be used b�� the annlicant or owner and _______.__.-- Formatted: Strikethrough shall recommend to the Citv C necessarv uneradine_ or r�g of the haul � routes �rior to their use b�� t�nlicant ox owner. The Cit�� Ceouncil shall ___ -- Formatted: Str+kethrough desi�nate the haul rexc�t rc�tttes and ma� consider the recommendations of the ___ __- Formatted: Strikethrough - - - - - - - - --- -------- ., etitz�nsible citv officials in the extraction nermit issued to the a�»licant -It shall be the Yesponsib�Ltv of the aon1� an or own o ainta'n h ha 1 reac�s routes it1 ._--- Formatted: Strikethrough _— F- �— --- --- ---- ---- -' accordance with the nrovisions set forth in the nermit The C�� `s�hall periodicallv 1r�,ti aul��s routes to ensure comnLance with the nerrrut Durin T the erio Formatted: Strikethrough ��Cth �______________"_________—___—�_________"__________[_______"______'""�3_____�__________, . or u n co nletion of the excavarion onerations_ the annlicant or owner sh�al I make an� necessar�epairs to the haul �i:+ routes as recommended b3�C �. .__--- Formatted: Strikethrough • -- - --------------- - -- ALl cosrs of in�p�c ion nrovided for in this subsection"shaLl be tioxne b�r the a�Z lican or owner The u�;e oE the haul�routeti -ehall be subiect to an� road and wei�r .__-- �rmatted: Strikethrough ---�------ --------------- --- ----�-- restricrions un osed b��Ce� The c�neratcir tihall be retinontiible for reunburtiin� � Formatted: Not Strikethrough the <"�itv for an�additional maintenance costti incurred for public roadti as a result of the �uning o ation 3. Gravel Producrion and Phasin�>� a. � asing lan shallt�:;� 6e nr axed , __ , _ �_..... . _ �_ ......... - ° 0 I �b No mineral extracrion pemit ShaLl authorize extracrion oF erarions to be conducted in more than two (�l �nun-conti�uous ei�hn- (80) acre areas ' of an extraction oneration concurrendv. I c�-c No mineral extraction �rmi chall a,rhnri�e Yrrachon o be conduc ed on moxe than one hundred and suctv (160�cres at one time. 4. Other R� ir m n s ati D r in d b�t he o nc�l• The per*„itr shall comolv I with tiuch other re ;uirementti as the Cit� Ceouncil5hall from time to time deem �ner and necestianr for the »rotecrion of itti citi7enti and the �rneral welfare J. Reclamation_ Restoration_ and Rehahilitation: 1. Phased Cloerauon: To ensure that the mine is reclaimed in a timelv and ordexlv manner the mining oneration shall be divided into nhases of no more than eiehtv 19 � I�o��-�- ` _-___—_._—�._._.._ ----- ..__...____......_:-----..._ .._..._...=---......._-_ _......... __....-____. _ _=.... . ...� :..:_._:_ .._ _<... ... E_ ... � ....._ ..... ,.. �� .� � - 2. Sirmificant Trans�ortarion CorridQrs: The reclamarion nlan shall show all future collector and arterial roadwa�. To nrovide for the roadwa�� and utili � construction of these F�h�re roadways_ a xeasonable xeclamation �ad as d e ined b�,t e Citv tihall be eStablished within the entire designated rin -of-w �� width for � ��nriate roadwav classification. Within twentv our (241 months of rec '[ �vritten notice from the Cinr that the collector or arterial right of-wa�i is needed for �ither roadwap and/or Lril�r constn�crion the gerrrittee w'L com� e e ini� wi ' that ri�Tht-of-wav and reclaim the rig t-of-wa�to the �rac�ea annroved wirhin rhe I Interim Reclamation Plan. 3. Trunk Utilitv Services: Within twentv fo��4� months of receint cif written notice from h itv that i�b i ntnk L'litv ti rvi s a needed 'o b conti n,cted wi lin h ++n �nerarion_ the nercrittee shaLl pxovide an easemeni _for th ��litv construction. comolete the irurLng wi hin fie `ati men "and re .1 im the eacement to I e erades a�nroved within the Inrerim Reclamatiori'Plan. 4. �atex Bodies and Dxaina�e P1an:, The CifF has an ad�� ted Suxface Watex IV�1i�lement P1_an �=.�luch�lane for the corive��ance nf s�rfa e wa er across he .itv. The mining�nerarion shall allaw fox the cc�nve��ance of Surface water within the �nroved minin� axeas ati called for witlin the Surface Water Management Plan 5. Lterim Reclamation PIan•. The tiermittee tihaLl.nrovide an interim reclamarion �n which rovides xeclamation e�des for all ei�e tv (80)�cre�hases that would allaw or a i�ltt�_ral uce'imn fo lowin� reclam?tion 6. End Uce Gradin� Plan• The Comnrehen5ive Plan antic�i�ates that the ultimate use f�x thP enrirPiTr of'h C'itv urban develo�Zm ni To accommndate thi�; ultimate use and allow`for��rderl� evelonment the nermittee shall nrovide an end use g�� _nlan that can reasonablv accommodate urban develo ment. For minin� onerarions t1 ax�exQected to re� >ir mo han tw ntv l�Q��ears ro comple e. he Citv ==: Cc3iincil ma��rc�ve an end uee s�r�Q olan fox the area that is ex»ected to be - -,co leted within nven �Q�ears The i� Council shall not apnrove an annual �.neratine nermit for an area without an a�roved end use �radin��lan• �-:�� `' Removal of Bu ldin�_ Strucn�xes_ and Vehicles: Witlin ei�hteen�181 months of the reclamation of each »hatie all b��ildin� s n tt,res and nlantti incidental to rhat nhase 9� neration shall be dismanded and removed b �� and at the ex�entie of the sand and }��nroducer last o�exatin� the builciine_ structure ox nlant. or the own�x of_th_e � sr zner _ unlecti the titructure or use iti comnatible with the antici»ated ultimate «se o�hgprc�p�r� ALl buil �i„�y stn�cb�rel or nLantc not removed ati rea ��d b��this I section ma3r be xemoved b� the C.�itv with the costs for the removal charged to the nerxnittee or the owner of the nronertv 20 i 8. Haul-back Materials and n�erationc• The Cin� Council mav�ermi the de on sirin�, of clean and com actable inor ,�nic fill that ic a61e t� sun�nnrt urban develo mn ent to �chieve the reclamarion gradec The nermittee shall submit a haul-back �nag men n ha in 1 d s h s of f ll tha sha 1 b d osi ed_ where the fill comes from_ and what testin� of the fill shall occur. 'The. testiu}> result foe the mateiial �ro�osed to he used as fill shall be submitted t<> and a�rc�ved b�• Cit�� staff beEore the fill material is transferred witl�iu the FIS boundarv. All fill de�osited within the minine onerarion must be able to suRnort iarban residental develo�m n 9. D�arion of I�Ziune and/or Anc'Larv U�;es• To nrovide for the orderl d� evelo` 'en of th�Citv the CitgCouncil shall determine the duration of `'i��nsil a� t�s �ui hin h int rim uae c+. K. Annual0 eradn�Permit 1. I�zose of the Annual O�� Permit: A lar�� scale mineral exLacrion oneraaon ma�� extend for ��e�ra ar decadeti ro comnlete The numo5e of the annual o rne atin4a nexmit is to nrovi� 'de an op�ortunitn far the Gitv Couxicil'to review the o� the mine ��2t1� + o*n n on th ooeration_ modifv a�� + on i ions as necess to address adverce imoacts that ari�;e fmm the op�xation and xevi�;e the �hases and/�x sub-nhasee of the xrine >The lar�� scale rrineral exLraction interim I ��rmiL nrovides a zorun� hasis for the"nine �rovided the (;�i� itisueti an annual a in � 2. Anp i arion Pub �c Hearin Notce And Procedure• The an icati �n pubLic hearin� oublic norice and nrocedure re�uirementti for annual o�zerating��un'tt_,hall be the same ac those for`amendmentti ac nrovided in section �11 of thi, cha ter Pxr�� rhar �ermiY ma�be issued �n� on the affirmarive vote of a ma��rit�t of the I � e Citp C 3. A a wi ho an Fnd T� Tra in� Plan• The Girn Council shall not issue an annual oherati hernut for an area without an an�nroved End Use Gradin lan tha ;�ccoriunot3ates urban develo�tt� 4 DuYalYon of Ooeratin� P i: Th la gg scal in .ral xtra ion nemut ShaLl run _ `frnm�an�,?� 1 rhrnu� December 'i1 �f rhe same �eat or for a lescex en riod of time as the Citv Council mav�necifv at the time of issuance of the extraction n n�. If rlie extracrion nermit is io run for lesc than a full year the fee shaLl be nrora ed as determined b� the Ci � Council. 5. n»erating Permit Fee• The fee for lar�e scale rrtineral eYtracrio �nermit shall be as ��;tabliShe � from rime to time b� retiolurion of the Gitv �uncil 6. In��ctions• The C'itv ma� insnect aLl mineral eYtracti�n sites where a large scale rruneral extraction � ermit ha5 been is�ued The o�erator ox owner of an��e scale minexal extraction ��eration found in violation of the requirements of this tide or its 21 i extraction }�ermit shall remed�such violations within the time s�ecified b writ notice from the Citv. I 7. Financial SuxetF� T�City� C�ouncIl shall re�t�e the a ' ant ar Qurnetaf� ttrer�usec on wlich the excavation oneration is located to �ost a s�etv with a tiuretv accentable to the Ceitv caeh eccxow perform��nce bund ox letter of credit �"securi ") in an amount and source determined b�� the Cih' C�� n '1_ 'n favox of t�(�Eitv- con�itioned to ��11€C�� the costs and exnense of reoai�i��an sv treets �re cuch re�aicwork is made necestiarv b t��he s�� i 1 b�rden PS ,I 'n�"froin �y�jj�� and travel_ and removine material from anp nit or excavation_ and conducting,reau�ed xehabilitation and conditioned further to s�m�� with'all the I re�aiements of this {�-Sectic�n 11-10-4-I and the �zarticular extraction ermit to �v� a�� exnense the C i��incur b�reason of doine anvthin `•reauir ed to be done b��annlicant to whom a n�rmit is iSCt�ed The cecLntv�ha l re a�n 'n � 1 force and effect for a minimum oeriod of one �*eaz after exniration of the extraction rrormatted: Double underline �ermit to �aaran ee the re�i rehab'ilitation as well ati the othe��Lements � Formatted: List Paragraph, Numbered + herein 12xovided The c�retv bond w�ll b bas d on he n mber of acxeti rec� etite ;� Level: 2+ Numbering Style: A, B, C, ... + Sprt :; at: 11 + Alignment: Left + Aligned at: 0" + Tab �yithin the annual renewal extraction ��rmit. the am�unt �f acreti that have not been ;; after. 0.5" + Indent at: 0.5" reclaimed to the end use di � nlan elevaEions. and an'amount that can be --- ��-�� ( Format0ed: Ust Paragraph, Indent: Left: 1" immediatel� withdrawn for the s�cial burden of ctree�bair or to ze acen� f Formatted: List Parag2ph, Indent: Left: 1.5" in�fi i n landscantn� S�x foz tnfulfilled ��rehabiliratiou - s' ";; ' ti � ' '' ti r s � rehabilitation " t j Formatted: List Paragraph, Indent: Lek: 1", __..__ .._...___... ;; ;�� Hanging: 0.5", Tab stops: 1.5", List tab + Not measLes are not comnl t�d. ;%.' at 2" ,,,, " Formatted: List Paragraph, Indent: Left: 1.5", 8. In�urance• The gemittee tihaLl `maincain �en -�liabiL insuiance and nrovide the '; � No bullets or numbering itv annua L a Certficate of General Liabili �Tn�urance iscued bv insurerti dulv i Formatted: Double underline licentied within the State of 1�linnetiota. The Citv Gouncil ehall determine the ; Formatted: List Paregreph Indent: Lek: 1 ", �-- "•%' Hanging: 0.5", Tab stops: 1.5", List tab + Not annr�riate amount of liabi]1�L� insurance durin� the annual ezmit xene�ual, -„- at 2" . _ ___. __.:. _._._ .° ' --._ _. __- __._... _.__ ..... ......... .--.._._ I... E.nfc�rceincnt: Formatted: Font: 9.5 pt .' Formatted: Indent: Left: 0.5", No bullets or �' numbering, Tab stops: Not at 2" 1. Nc>qce of �'iolari<in: ��'lieuevcr the city fiuds that the �ermitree has 4ric>lated a �,c,lul�ttr��n or�failed to niett a ie��uirement of this secpon, tl�e autl�oriz,ed ��matted: Font: 12 pt =enfcnc.emcnt a�encv mav order coin��liaace b� �kritten notice of violation to the �- �maeted: List Paragraph, Indent: Left: 1", - �� Hanging: 0.5", Tab stops: 1.5', List tab + Not �EmiitYee. Such notice mav rec{uire widlout limltatiou: i at 2" � Formatted: Font: 12 pt .. ��i. The nerf�>rmance oY monitorin�s;, anal; sis and iepocring; �, Formatted: Font: 12 pt .'i � _ ' ir; , . � . , - � , Formatted: Font: 12 pt, Double underline t�.� I'hat violatln� �ractices or o�erations sl�all cease and dctiist; �,�; '% � � �� —` - � ---� � -�-'•;; ' - ', Formatted: Indent: Left: 0.5", No bullets or ,,, , ' ,.-." ._ . _ _ __ _._ _ _.. --- __. -';,�;',i numbering,Tabstops:Notat 2" c_ �I'h� abatemcut or ren�e��ation oY or l�aa uda aud thc ;;, __. _ � . _ � - __ _ - , ,• , Formacted: Lisf Pa rad�. Indent: Left: 1", rest<�ration of an � affected rooerte• - r . '� ) �-�—,�.--� ----._..._...___.----------.,, ,� Hanging: 0.5",Numbered+Levei:4+ -- -- ' Numbering Style: a, b, c, ... + Start at: 1+ d T11e notice shall state that the determinatian of vic�lation ma� be a��ealcd to � Alignment: Lek + Aligned at: 1J5" + Tab the cit� administrator b� filin� �vitii tl�e citt clerk a wiitteu notice of appeal after: 2" + Indent at: 2", Tab stops: 1.5", List tab + Not at 2" ��>ithin seven 7(,� calendar da�s of senrice of the uotice oE violaucm. Formatted: Double underune __ _---- _ ._ .. `' Formatted: I�dent: lek: 0.5", No bullets ar numbering, Tab stops: Not at 2" �� i 3 .1��ea1 of Notice of �'icilati��n: U��on receit7ng a nc�tice c>f vic�laticni. the�erinittee �----- Formatted: list Paragraph, Indent: I.eft: 0.5", mav a��e;�l the determii�ation of the aud�orized eufoecement ageuc�'. T'he notice of Hanging: 0.5 Numbered + Level: 3+ Numbering Style: 1, 2, 3, ... + Start at: 1+ a��eal muct be reccived by the cit�� clerk within �even (7) calendar day. fre>m the date qlignment: leR + Aligned at: 138" + Tab of the nodce of violadon. I-�earin�; on the a�eal befnie the cit�� adnuiustrator or tl�e after: 1.5" + Indent at: 1.5 Tab smps: 1", cit� adnuiust�atoi's des shall take.�l:ice wirhin seven �7,1 calendar d;i�s frc�m the Listtab+Notat 1.5 date of recei�t of tl�e nc�rice of anneal. "The decision of the cit�adnutustratur ox cite administrrtor s desi�nee shall be fival. �---�--- Formatted: List Paragraph, Indent: Left: 1" 3. Euforcemenr i�lcasnres after ��eaL If tl�e �7olation had nc�f been corxected. �--- — ��atted: List Paragreph, Indent: LeR: 0.5", �ucsuau[ tci the rec�urements set foxtl� in the ne�rice of �7olauc�n. c�r, in the event c�f Hanging: 0.5 Numbered + Level: 3+ . .. .. . Numbering Style: 1, 2, 3, ... + Start at: 1+ an a c�il_ within fifteen 15 da -s of the decisian oE the muiuci �al autlioi7 � �� ' � � b � ,_ ; � -,. Alignment: Left + Aligned at: 1.38" + Tab u��h<�ldin� the decision of the authoiized enforcement a�ency;, then re�rese�itatit�es aker: 1.5" + Indent at: 1.5", Tab stops: 1", c�f the authorize�l enfi�rcement a�;enc�� shall enrec u�c�n tl�e subject.�ixivate prr�nern' ��s� �b +�vot at 1.5" and are authorized to take anv aud all measures nccessar� to abate rl�e `�rioladc�n ,��atted: Double underline and/or restore the �ro�erty. It shall be unla�vful foc any��ersnn, i>wner, a �ent or ;', �matted: Indent: Left: 0.5 No bullets or �ersc�n in�osscssion of an� �xeinises to refuse to allo�v the ;*ovemnient <<�enc� " numbering, Tab stops: NotaC 1.5" desi Tnatcd cuutcactor tc� entei u on the renvses fur the tiu�rn�ses srr fr>rth above. � --P � �: �. Formatted: List Pa2g2ph, Indent: Left: 0.5", � +;" .�"� Hanging: 0.5", Numbered + Levei: 3+ ___ ---�_ - _-- --.._ ._ _ _, __ _.._ � ---- ' 4. Cosr aEAl�atement of tl�e �'iolarion. �t'ithir� thixt�(3�l i�a� at'ter abatemenC c�f the • Numbering Style: 1, 2, 3, ... + Start at 1+ � Alignment: Lek + Aligned at: 1.38" + Tab �riolation, the owner of the �ro�err�> �vill be notified tif the cosr of ab atemef�t. aRer. 1.5 + Indentat: 1.5^, Tab srops: 1", includin� administrative costs. If the aznc�itnt due is ne�t �sud wirhin a riniel� mauner List tab + Not at 1.5 as determined by rhe decision of the munici�al authorita, tl�e enfoicement a�>�enc�• , Formatted: Double underline nia�� le��• the charges as a special=as,ctisment against the �ropert�-. which asse.smeuts �, Formatted: Indent: LeR: 0.5 No bullets or eh�ill constitute a lien on the �ro c`rt} for the amouut of the acse,sment 'I'I�e � numbering, Tab scops: Not at 1.5" �ie�nittee violatii� an;� of the �rovisi�il�s of this section shall become liable tc� dze , Formatted: List Paragreph, Indent: Left: 0.5", cit� b� res�con of sucli viblatl�n. "- � Hanging: 0.5", Numbered + Level: 3+ Numbering Sryle: 1, 2, 3, ... + Start at: 1+ '�' Alignment: Left + Algnecl at: 1.38" + Tab ._—.._.. _ __- ---- -.._..-----'--"--�---..,.. --_--.._..---- , _--- --- � __.,. 5. Le�al rlcti<�u: Tr=shall be u�lauw ful for the �ernuttei to vriolatc .tu��xo�7sion oi fail tti %' aRer. 1.5" � Indent at: 1.5", Tab srops: 1", com�ly- �vith any of tfie rec�turemenrc of this section If the �crmittee ha� �=ic�lared List tab + Not at 1.5" and continucs tci vic>Iate�thc,�.xovisions of tlus secdou the authciiized enforeement , Formatted: Double underline ��*enc�� ma�enficin for a�reliininai�c�r �eem�uieut in�unction mtitruning the , Farmatted: Indent: Left: 0.5", No buHets w � numbering, Tab stops: Not at 1.5" �;eimittee fron�acri�>ities which woiild creaCe further violatious or com�ellin�; the �mutee tt� �erfc�rm abatement or temediati<7n of the �ZC�lation ox seek an� other •�'�� List Paragraph, Indent: Left: 0.5", � Har�ging: 0.5", Numbered + Level: 3+ avsula�i�e r�med� in law or ec ui�i�. Numbering Sryle: i, z, 3, ... + Sprt at: 1+ .; , AI'�gnment: LeR + Aligned at: 1.38" + Tab ._ ;._ --. . .---- .----- ---. —._. --- - --- __._ . —_,; after: 1.5"+Indentat: 1.5",TabstoPS: 1", G � Comge neatoi� lcrioa• 1n lieu oY enfr�rCement �roccEdtngs bei�_alries and ieinedies `�� List tab + Not at 1.5" authorized l�� this secrioci, the autl�orized enfc�rcemen[ a�;encv and �dolator mae , Formatted: Double underline � �{�nee c�rt altern:itive cc�m�ensator� acric�ns. -- Formatted: Indent: Left: 0.5", No bullets or ' = `i� numbering, Tab stops: Not at 1.5" ; .. — -- — -- — -- — — - — -- — — — --.._... `�_7 ° Nuisance: In additic�n to tlie enforcemenC �xocesses and �et]alties �ro� lded an� �- -, �.��; List Paragraph, Indent: Left: 0.5", conditic�n caused oi ��exmitted to e�:isr in viol�irion oF any of the �ovisions of tUis Har�ginq: os", Numbered + Level: 3+ sectiou is a Tl�reat to public health safet� and �velfare, and is declaxed aud deen�ed .i Numbering Style: 1, 2, 3, ... + Start at 1+ Afignmen[: Lek + AI'gned at: 1.38" + Tab mu�ance and ma�* be cummarilG* ��b�ted or reetored at the viol�itor's cx��ense and /or after. 1.5" + Indent at: 1.5", Tab stops: i", ci civil action t�> ab�ire enjoin or <�thettuise c<�m�el the cessatic�n of sucl� niusance List tab + Not at 1.5" mav be taken. . Formatte�: Doubie underline ` - ---- ......_. _..._..___._._ _._._.. _ . ___ - -- Formatted:IndentLeft: 0.5", Nobulletsor 8. Ceiminal Prosecurion: T'he pernuttee thar ha. �-iolared or contimies ro violate diis numbering, Tab stops: Not at 1.5" section sh.�ll be IiaUle tc7 crinunal �rosecution to rhe fullest estent ot the law, and `�� 1 23 i shall be sabjecr to a criininal ��enaltv iu aceordance witli sectic�n 1-4-1 of this code. 'I'i�e aurhori enforcemenr a�renc� m:i� recover all artorne�• fces. court costs, and other es�enses a;:sociated ��ith enforcement oE this cha�ter_ including sain�lin�; and monitociu�ext�e_�ses. � - _-- Formatted: Double underline • __ _---...--------------____� _._.....____._._.._.__.__._---__.--___-----_- ,- 9. tius�ension or RevoCati<rn c>f Pernut: � Fprmatted: Indent: Lek: 0.5", No bullets or numbering, Tab srops: Not at 1.5" ..__.._._..---._.._._..__---- __--_..---- ------ � � ----------_._.._..__----------�--------J ' a. �The Cit� C<�uncil ma�us�end c�r mvoke a�ermit i�sued under Yhi� sectioa � � Formatted: List Paragraph, Indent: Left: 0.5", u}��>n a fiudin�; of a violapon of auv c>f tl�e �ccivisions of tlus secti<>n �r Hanging: 0.5", Num6ered k level: 3+ _ ��'• Numbering Sryle: 1, 2, 3, ... + Start at: 1+ vtolatiou of au� conditioii of d7e annual o�rat�n<T erinit. Algnment: Left + Aligned at: 1,38" + Tab after: 1.5" + Indent at: 1.5", Tab s[ops: 1", b .� revocation or sus�ensic�n by d1e Cit� Council shall bc prec�ded b� �vritten �„ '' �'' List tab + Not at 1.5" noYice tci tl�e �emurree and a�ublic hesttin�r. The written ncitice'S(ia11 �ive at �', formatted: Double underline least ei�c;ht �,8� da� notice af the time and �ace oF the hearin� aud shall sraTe , Formatted: Indent: LeR: 0.5", No bullets or the uanue of rlac char�es a;ainst r.he �ernutee. Tl�e n�rice ma�- be sen�ed �, numbering, Tab stops: Not at 1.5" u un the ermittee ersonall • or l�v Unitecl'States mail acicltesscc� to tile mi�st Formatted: List Paregraph, Indent: Left: 1", --� -1� � � • Hanging: Q.5", Numbered + Level: 4 + recenc address in license. aUilicatiou� __; _. -____„-- _.._.... __ _ 't'. Numbering Style: a, b, c, ... +Startat: 1+ ' ,, ','� Alignment: Left + Aligned aL• 1J5" + Tab after. 2" + Indent at: 2", Tab stops: 1.5", List Section 8. This Ordinance shall be in effect following its passage and publication. ,,�, �ab + Not at z" ��, Formatted: List Paragraph, Indent: LeR: 1.5" Ado ted this da of , 2012 b the Ci Council of the Ci of Rosemount, �rmatted: �ist Paragraph Indent: Left: 1 ", � — Y Y _�' tS' t Hanging: 0.5", Numbered + Level: 4+ 1�Tinnesota. ,_ !:- �t Numbering Style: a, b, c, ... + Start at: 1+ �_ Alignment: LeR + Aligned at: 1J5" + Tab , alter: 2" + Indent at: 2", Tab stops: 1.5", List �t tab + Not at 2" Formatted: Double underline B William H. Droste, Mayor ATTEST: _ By' - - Amy Domeiex, -City Clerk Published in the Rosemount Town Pages the _ day of , 2012. 24 Page 23: [i] Formatted ehz 4/20j201212:45:00 PM List Paragraph, Indent: Left: 0.5", Hanging: 0.5", Numbexed + 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" Lai•a� Scale Mineral E�itraction Overla�� Tlistti�.� r ��`� � � , �� .�`�.' � � �� . _ _ '�. +�� `� t i� �: . ` �- t' � 3 � :� . y , r. : � l �� M1 :� � � � � ) . !� . � ♦ 7 t' � w1i �y'� , _ � �� ,: ' .. �° �(. Y � 4 @. • - � ° '._;ii � . :`4/ •j' _ . �- " t t 1 � . _ �� L � , � • r . � e ! � 9 9 �.1�� ` j .. m � y,. �. e � , 1 i!_� �, `• '„ ^ ;�l� �j.»r r � ' .. • � .t .. . -. �' t w � i � K ' ��j' �� 1' S �M. 4 ��` " Y . ; .�'� . . ( �, s 4 : . . � � . . . � �, .. .i . . . �;:, �� , , � ! � � ' . ' -� ' � � Mh � � ' � .. . e�...... �../�, � l LY . .YY{'("�` �4 �� ' ^ . . 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Y '.� � : . r - I � . . \ � - w'•�J� . 'x ♦ t• � �i,i` " t �. Disclaimer. PJlap and parcel data are believed to be accurate, but accuracy is not ��ap Scale guaranteed. This is not a legal document and shouid not be substltuted for a titie search, � inch = 1600 feet appraisal, survey, or for zoning verification. .� , P1-IAS(NG PLAN - 9/28/2011 . , , • ; � �. � . �— r �.; � 4 . -± F r �� . , . . 1 ' l �` tr'tsf � ��r �,t ^ s . ' �'TF r � ._ ��q_.Qt�'U.�Yti9 � �i�I i�.T'"� f:� . '. �1 � .,7 F. Ys�L, u _ �� a �� . . � s � .. _�,� * � , � ' ��`�i 1= �'� �"'� °�,` P . . . ��-� �r#��Y�f'e ` !. ^ J � �l ( ,� Jy, R` 1' J � ' � .' ��+'�� ' �� . . ,u .: Y il �•t q �. , � '. � 1 f . +. � • �. 1! �1 .T �_ 'i �� /�:.�, . . . . Z :'-V ;'Ae . . � �y8 F� , . . � �� . ��'� � � ' - � 'i , i ��:. .. ` - r ... :.; . . ' �, . . +�. � �� .' t , � S " ' �'�� MMA�if/�r'� `.��s).:'�-% - . .. � ditY . ' . � a' �w"'_ ' �i ,. / � ��sASr��t��rr}r� . POSE►ICl%N� ; ROSEl1:UNi 4 ` - . �(NJSOJOUMT� ORY YINWC CRY IAINING i ' .' 1° "a,',� s�� vsu� a! P��s� 3 ,ti - � � i _ i�st# .� _.,_ __—�--�_ _----- _--1 �ROSE1+Ql,Ni �{ y �,rrrt��rfttf�s�i� �ti��+ I CRV 4tN�N� ' ■/ /�/ r r , � CMAiE 7 ' / � '� , ROSE]JWNT � ' p y ~ ~ �. � . � . . . . _ -t � I ; ORY YY�tNG � � ' . ' .. , I i .�, PHASE 8 � %'-�*'*+R�SEAIGFWA^ � � � D PNaSE 11 � � , . 1 � � � �,� � I �rrrr��r��r��a�� ': - ROSEYOUNT . � . :li '�. .�� /� n � w �� ' OftY ►iiN!NG � i • - . I � `� � PHASE 9 I; ' � � _ /� 9 1 � � � � � 1 �.r��r�rsrw��adi��sa�� osF�i�uNr s , ' . ..� � �RY tJINIr�C '.'.ti � � lr � � PHASE 10 I . { ROSEUOUNT� _ � ' 1 � CRY�'iYET iC.Fiik^ . I �. � PHASE 5 I , ��i+ �'�p Q ,,� �� : , Q ., i . _° � 1 ��,�.�_� �.; � +,�.,,'�! � � � � tr . a � .l� r � �� r r Y �l � r � s w fi'� . �� a J,G� ` � : � ■ .- � ' .� . � . ,� ,::..y : � . . . ' . �S'�.."y' ��'S�S�� '�R�� M� �, i � � � K^ �� ■ . �na°`. .> F h - f � 1 {T � _�• � �- ��'"-� �: ` ,� � 1 i ; ; � �� .�=dx� . -_�'�� 1 �� '^ �' < 11:S.YT ' P� IAGUHi ' F �Y;:+.hT � p „[.a�."t... a ( �� . ; t-rIMET�M�.,,,�;a•j+r � uir�u�C�GRY/YfT�nYy�4 �. VMri !.t�.:�.'i�� -� �3.� «1 �r' lra� �i �l ? s , � �a:� 3 ' .�}+a1S%.Z,...� �N�Sc 1 �r ' ,s' :°r'f T�;1.�?L;�n { �� 0 � _ �' � - � � � � �w�S"t�✓��t �, , v, �� ^ � , . .�`al' � �'- e�`�! c-+� w .� �Ca n� w i.v ua �a c� m� m auRis n,a wrt +a srf�fr a�� ra� ra o:. aa � sa � -'•• � : � 'a✓ � ••! - • •_� � �:;: e * � 'e� i S•�c ". �i; Y .�. � Y 1Ct '�l �l L[ �eA ..i17 . � �� i/� i EXCERPT OF MINUTES PLANNING COMMISSION REGULAR MEETING FEBRUARY 28, 2012 5.b. Dakota Aggregates Request for Ordinance Text Amendment to Allow Large Scale Mining (12-02- TA). Senior Planner Zweber stated 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 mi�ced use community of up to 30,000 people. Before the development occurs, the University and their parmer Dakota Aggregates are proposing to mine the western 1,600 acres of UMore over a 40 year period (25 years in Rosemount and the final 15 years in Empire). The Rosemount Zoning Ordinance does not permit mining in UMoxe. Dakota Aggxegates has requested a Zoning Ordinance Text Amendment to allow muviig in the western half of UMore. Mr. Zweber stated that staff has prepared a Large Scale Mineral Extraction Ordinance that would regulate the mining request and recommends that the Planning Commission open the public hearing and take testimony from all the public that is in attendance. He further recommended to continue the public heaxing to the March 27 Planning Commission meeting. This continuance will allow time to evaluate the public testimony and consider revisions to the ordinance to address concerns raised. Commissioner Miller asked about the monitoring methods the ciry will use for mitigation efforts of noise and dust and whether or not it is appropriate to place the ancillary uses within an agricultural zoned area rather than an industrial zoned area. Mr. Zweber responded that establishing the ordinance allows the applicant to apply for a pertnit and deals with the standaxds for any mining organization, not exclusive to Dakota Aggrega.tes. T'he pexmit will address any mitigation efforts required. With xespect to the ancillary uses, Mr. Zweber stated that Section G of the ordinance addresses ancillary uses and it sta.tes they can only be active on the property as long as the mine is active. If the ancillary uses were set up in an industrial zoned area, then they could stay there forever. Commissioner Demuth asked about the compaction requirements. Mr. Zweber responded that the ordinance is not specific as to what the requixements are but sixnply states in Section J.8. that the material needs to be compactible. Cha.irperson Powell asked staff to explain the process with the ordinance amendment and permitting pxocess and Mr. Zwebex clarified the pxocess. 'The applicant, Timothy Becken, from Dakota Aggregates, sta.ted this has been a long process of identifying issues and creating solutions involving a series of neighborhood meetings. He stated they are excited to be at this stage in the planning. 'The public hearing was opened at 8:39p.m. Kris Johnson, 14414 Atwater Way, stated that he is happy to hear that explosives are prohibited, the tree requirement should be reviewed during the winter months when coverage is at a tiini* the berm should be at least 20 feet high on the other side of the tree line which will aide in dust protection, and that the truck traffic should be kept to County Road 46 if possible. He asked how the noise levels affect the current noise ordinance the city alxeady has and asked the economic benefit the city will gain from the mining. Ray MaYtin, 2310 Beech Street, suggested planting trees on the north side of County Road 42 to give additional protection from the noise and view. Myron Napper, 3381 145�' Street East, stated he was happy that UMore will finally use the pxoperty constructively and begin to pay the real estate taxes but he stated he is concerned about the additional traffic and whether or not the current infrastructure will sufficiently handle it. Nathan Denny, 14404 Atwater Way, asked what parties are involved in the permit process and requested the setback off of County Road 42 be increased to 1300 foot minimum. Deneace Tucek, 14140 Autumnwood Trail, stated she is concerned with the dust and noise and also safery issues involved with damages to passing cars and roadways fxom rocks and sands coming from the trucks. She asked why this particular parcel was chosen for mining when the University owns so much property in the area. Kevin Bartol, 14398 Atwater Way, asked how the added expense will be mitigated to the residents from the sand in the furnace filters and a.ir conditionexs and how the noise will be controlled from the truck traffic on County Road 42. There were no further public comments. Mr. Zweber gave the tentative schedule of the ordinance and permitting process and stated that residents will have additional opportunities to voice their concerns. CoxYUnissioner Irving asked the applicant how long they plan on operating the ancillary uses even after the nuning in Rosemount is completed. Mr. Becken replied that they plan to opexate the ancillary uses throughout the 40 years of miniilg in Rosemount and Empire Township. Commissioner Miller asked if the ordinance could specifically state that the EIS is available for public review. Mr. Zwebex stated that staff can post the EIS on the website or provide a link to UMore's website and it will be ava.ilable for viewing at Ciry Hall. MOTION by Irving to continue the public hearing to the March 27, 2012, Planning Commission meeting. Second by Miller. Ayes: 7. Nays: None. Motion approved. Public hearing was continued at 9:06p.m. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING MARCH 27, 2012 5.b. Dakota Aggregates Request for Ordinance Text Amendment to Allow Large Scale Mining (12- 02-TA). Dakota Aggregates has submitted a request for an amendment to Section 11-10-4 of the zoning ordinance to allow mining in an area of Rosemount located west of Akron Avenue and south of County Road 42 which is currently not allowed so as not to interfere with orderly growth and expansion of public utilities. This is a continuation of the public hearing opened at the February 28, 2012, Planning Commission meeting and continued to the March 27, 2012 meeting. Senior Planner Zweber reviewed the staff xeport and explained the changes made since the February 28�' meeting and how the public comments were addressed. City Attorney LeFevere explained why the area should not be zoned industrial rather than rernaixiing agricultural. Mr. LeFevere also addressed the issue of the extension of streets and utilities into the mining area. The public hearing was re-opened at 7:52p.m. Myron Napper, 3381 145�' Street East, stated he spoke at a previous meeting about the safety hazard of increased traffic on the Counry Road 42 and Highway 52 infrastructure and asked when it will be addxessed. He stated he is in favor of the mining. Thexe were no fixrther public comments. MOTION by Ege to close the public hearing. Second by Miller. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 7:57p.m. In response to the question about the interchange improvements, C�mmunity Development Director stated that the county had applied for State funding for the intexchange and it scoxed too low to qualify. Chairpexson Powell confirmed that the pxoject does not score well regionally compared to other pxojects applying for funding. Commissionex Miller asked if the traffic patterns will be discussed in the permitting pxocess and Mr. Zweber stated that the traffic plan can be reevaluated at that time. Commissioner Demuth stated she had submitted two pages of change and that only one of the changes had been approved so she will not be able to vote in favor of this item. Chairperson Powell asked staff to discuss the letter received from Dakota County and Commissioner Demuth's requested changes. Mx. Zweber stated many of the suggested changes are specific in nature and would be more appropriate to discuss incorporating at the pexmitting process. He also stated that some of Commissionex Demuth's changes are similar or the same as the Counry's regulations and while staff agrees that the County regulations should be followed and their ordinances can be sited within the ordinance, the specific language does not have to be stated in the ordinance. Mr. Zweber stated that Commissioner Demuth has requested the current County definition of clean fill be adopted, while the Counry letter requests a definition of clean fill that5 is proposed within a draft County Ordinance amendment. Mx. Zweber stated that if out ordinace says that the County regulations need to be followed, then our ordinance would not need to be amended if the County amended their regulations. Mr. Zweber further stated that the applicant's groundwater monitoring plan will be reviewed in more detail during the pertnitting process. Commissioner Demuth stated there needs to a timeline when the groundwater monitoring plan is to be submitted; she would like more language regarding the groundwater monitoring plan; and reclamation should include enough top soil to accommodate the growth of crops. Commissioner MilleY stressed the importance of including control in the ordinance over groundwater connectivity which could occur in a laxge scale mining operation. Chairperson Powell stated that while he appreciated Commissionex Demuth's concerns, he felt staff has strived to meet all of the issues raised. He further stated he is familiar with mining sites and reclamation plans and has never seen a three foot requirement for top soil. MOTION by Powell to xecommend 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. Second by Ege. Ayes: 3. Nays: Demuth, Miller, DiNella. Motion was not approved with a 3-3 vote. Chairperson Powell asked the commissioners who voted against the motion to share their reasons. Conunissioner Miller stated he is looking fox language in the ordinance that holds the applicant accountable at the permitting process for the requirements in the ordinance. Mx. Zweber stated that the Commission can deny a pernut if the applicant does not meet the ordinance requirements. Commissioner Miller added that any operation that impacts the groundwater needs to be addressed early in the ordinance. Mr. Zweber clarified the difference between and ordinance and a pernzit and stated that the ordinance requires an EIS and describes all regulations that the applicant needs to meet. During the permitting process, specific issues are examined and evaluated whether ox not the applicant is following the ordinance regulations. If the applicant does not meet those requirements, Mr. Zweber further stated that the Commission can then deny the permit. Mr. Lindquist clarified that the EIS has already been performed and asked Commissioner Miller what specific language he would like to see in the ordinance. It was decided that language should be included in the ordinance that states that the issues raised through the EIS will be properly evaluated and can be used as the basis for additional pexmit conditions associated with the permit issuance. Chairperson Powell asked staff if the item should be tabled to give staff time to incorporate language into the ordinance that addtesses the co�unissioners' concerns. Commissioner Ege stressed that she would not want these actions to be precedent setting and would want each permit to be reviewed on a case-by-case basis. Ms. Lindquist made the assurance that each permit would stand alone with similar requirements to meet but each separate situation would be addressed. MOTION by Powell to continue the item to the Apri124, 2012, Planning Comtnission meeting. Second by Weber. Commissioner Demuth stated she still has other concerns that have not been addressed. Chairperson Powell instructed Commissionex Demuth to meet with staff individually and he will inquire at the next meeting if her concerns were met. Ayes: 6. Nays: None. Motion was appxoved. The item was tabled to the Apri124, 2012 Planning Commission meeting. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING APRIL 24, 2012 5.b. Dakota Aggregates Request for Ordinance Text Amendment to Allow Large Scale Mining (12- 02-TA). Dakota Aggregates has submitted a request for an amendment to Section 11-10-� of the zoning ordinance to allow mining in an area of Rosemount located west of Akron Avenue and south of County Road 42 which is ciarrently not allowed so as not to interfere with oxderly growth and expansion of public utilities. This is a continuation of the public hearing opened at the February 28, 2012, Planning Commission meeting and closed at the March 27, 2012 meeting. Mr. Zweber explained the changes made to the ordinance since the March 27, 2012 meeting. Commissioner Demuth thanked staff for addressing her concerns. Chairperson Powell asked how the surface water pollution plan is xelated, if at all, to the wellhead protection plan. Mr. Zweber stated that the wellhead protection plan does not cover the entire mining area and may need to be revised in the process of completing the AUAR. He stated the two plans will provide two ways of monitoring the lake. Co�unissioner DiNella asked what the procedure is if it is discovered that the City's groundwater has been compromised. Mr. Zweber responded that Ciry staff will require all activity to be stopped citing violation of the ordinance until the problem can be corrected. However, Mr. Zweber, clarified that it is required to conduct routine inspections of the groundwatex above the aquifer thatthe City's drinking water is drawn, so if something is detected, it could be corrected before the City's drinking water is affected. Project Engineer Olson also added that the City does regular testing of each city well for a wide variety of contaminants. MOTION by Powell to recommend that the City Council Adopt an Ordinance Relating to Laxge 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. Second by Ege. Ayes: 7. Nays: None. Motion was approved. 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 riqht 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 ��- ''.�-�/,� _ �.. , �, ,� .�: �'� . ` �; ��> ,22� �,J . �,-�� , � �:.,., � ' ��,�j�� -� .,; �-�� -��,� �� z� - . � � . ...� �. �� — � ��,�� - G��` � � c.'�e ��-�� -�' ,/��-z�� - ,'� :-� C!'� � , � / � `� � � � - y,{�2G�u � ; -,,�,�,o, f�� ,�� ;�% � l� /� � 9 , �,�!'�� .�� //2/%% �� ( � i � ,�,� �,�.e� � � � ��` � � , �� : ..� �� -, ��z�/ �'�"� i , , �� :� � ;� �`��.�� . ��/ �' � �� , � �� • '�'`'�' `N � �, �:� � �.� ..� , ,c%L��G'�� -�/ -�''�'1�2-�� ' _ � $� � � �G�� ' � �.u�yv�i% ?v�� ,� . � �� . . � L�G� , C" �%�� / �-PJ��t� � G'�� .��-�� 7-��i�'(� , � �� i / � ��"2��J�� v � � ''� G %�"�' l'� ^ %� •' � � c - �L� � , �.� �,s�C � / ti�� V � ��Ti� l � � � � ; � � � �� ,��'� ' � �� . - � � � ��.� � /��,�� G Z 1 � /�� `� ,r- � � �.}�� , , . ,/� a c� �� / � �;�� Feb 25, 2012 T0: Eric Zweber Sir, as an over the road driver I will not be able to make the Commission meeting on Feb 28 cn 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 dovv�i 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 3ake 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, r �' !�'- ��"`�`-� • ��V John and Karen Woolery / 14682 Bloomfield Way, Rosemount, Mn 55068. i .. ... r p. � { � �' � � --r�� -- _ _ .. � � ( ' � !`••.�'r�1,� ��' 3 �i�`��'�°j�1t�U�'I�'� :.; ��.��...�., 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 �rom: V Larry Smith jmailto:vlarrysmithlC�cox.net] 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. lt 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 wifl find alternate routes which will create additional safety issues in our town. Please listen to the residents of this city and disailow this operation. Thanks, V. Larry Smith �36�'3 Gt�ssM�� c�. � �� a�� IVotes for City meeting — UMore Mining Pro'ect — 2-28-2012 J • Dust is a major concern o Even though there witl 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 I/��`�'"� same that Fischer Aggregate has in pface aiong Highway 46 (Cobblestone neighborhood) ��i� 1 i �Yj'1 o The dust will carry for miles, which is common in limestone mining. With limited J�{�'�GLY'�"� physical barriers, this dust will trave! free{y until the wind is disrupted by the homes in :�i �� '� �.=w.�t its path. ; p�, ��,��, ��, o The berm is essential however,l0 feet is not high enough along Highway 42 due to the � ��''��^.��r� 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 shoufd 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 levet dusts and wil! last a lot long than vegetation that will die o This berm shouid 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 documentJ. • We have probably all experienced the dustbowl in AppIQ Va(fey along Highway 42 and Highway 46 by Target during the summer when southerly winds increase. o The dust that is possib{e 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 windowsilis • 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 chitdren in the neighborhood • We will not be able to open our windows either on a nice b�eery spring day � This also leads to higher energy costs • 7raffic 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 wiil be especially bothersome if 24-hour operatian is approved. Since there is limited traffic during the evening hours, we wiil be able to hear this with open windows. o Truck trafFic will add 262 truck trips a day to Highway 42 (see tabbed document) ■ 7his 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 matorists and homeowners a4ike with added foad dust and mud on roads from trucking after rain. o I think � can speak for all homeowners along Highway 42 that we would like a{I truck t�affic routed to Highway 45, 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 add'+tional truck traffic. a 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 vaiues 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 detlining enough (approximately $50,000-$60,0�/house in our neighborhood alone) and now you are putting a mining project in our backyard that will furthec decrease our home values due to the environmental impacts. ■ Resale of the homes in the neighbor will become even more difficuft, 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 coad 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 �ot sell due to the location of this mine, afl 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 wi11 probably not know, just as 1 didn't when we purchased our homes. � Environmenta{ impact 0 1 hate to bring it up, but what is the environmentai impacC to wildlife in the area? ■ It is a proven fact that all wildlife will teave 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-tai! 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 wa�t 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 five 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 Miflington Imailto:jordanmillinqtonCa�gmail com] Sent: Friday, March 09, 2012 2:40 AM To: Rosemount Mayor Cc: jordanmillin4tonCa�gmaif.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 thaYs not an opinion, that's a fact. Anyways, I'm sure people will say that mining here wilf 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." Zweber, Eric From: Leslie Everett [evere003@umn.edu] Sent: Tuesday, May 01, 2012 9:06 AM To: Zweber, Eric Cc: ,fohnson, Dwight; Lindquist, Kim; Debettignies, Mark; Kearney, Matthew; Rosemount Mayor; Shoe-Corrigan, Kim; Weisensel, Jeff D. Subject: Re: Mining at UMore Park Eric, Thanks for the link to the Barr Engineering remedial investigation. I cannot speak to the long term plans for the site from the standpoint of the City of Rosemount, however I can say from long-term observation of proceedings that the only reason that agricultural research is not part of the long term University plans for the western third of UMore Park is because of the gravel mining revenue sought by the previous UM administration. If the City does not approve the change in land use, then agricultural research will most certainly remain as the long term use of that land. Development of a residential community 40 years from now is not the motivating force behind, nor will be financed by, the University. Thanks again, Les Everett 1988 Brewster St. #109 St. Paul, MN 55108 On Tue, May 1, 2012 at 8:21 AM, Zweber, Eric <eric.zweber(a(a�ci.rosemount.mn.us> wrote: Les, The remedial investigation is available on the UMore website at: http://www.umorepark.umn.edu/plannin�/SelectPublications/2012finalrireport/index.htm On the website, you will also see the UMore Concept Plan. This concept plan is the basis for the AUAR scenarios that I mentioned in my previous e-mail. The concept plan cafl for the mixed use development that has more green space than a typicai devefopment, but it does not maintain the agricultural research land on the west side of UMore. Neither the University nor the City is planning for maintaining nor preserving the western agricultural research tand as a long term land use. Eric Zweber Senior Planner City of Rosemount (651) 322-2052 i From: Leslie Everett [mailto:evere003@umn.edu] Sent: Monday, April 30, 2012 5:11 PM To: Zweber, Eric Cc: Johnson, Dwight; Lindquist, Kim; Debettignies, Mark; Kearney, Matthew; Rosemount Mayor; Shoe-Corrigan, Kim; Weisensel, Jeff D. Subject: Re: Mining at UMore Park Hello Eric, Thanks for your response to my question to the City Council. I agree that the City has to respond to the University in its request for an amendment to allow mining the western portion of UMore Park. My question is why would the City approve such an amendment when refusal would preserve the current green space (agricultural research land} and likely shift the mining to the eastern side, assuring remediation of the old ordnance site? As mentioned, there would be no UMore community development before the 40 year mining window on the current research site, and even then there is no guarantee of development in the absence of UM financing. Community planning under those circumstances would appear to be motivated more by trying to sell the mining permit than guiding what the market may be and what might be built 40 years from now. Is the Barr Engineering report now public? Thanks much, Les Everett 1988 Brewster St. #109 St. Paul, MN 55108 On Mon, Apr 30, 2012 at 3:58 PM, Zweber, Eric <eric.zweber(a�ci.rosemount.mn.us> wrote: Les, The University of Minnesota submitted the gravel mining request for the western portion of UMore Park. As the landowner, the University has the right to submit a text amendment to allow gravel mining and the City must review and consider what is submitted. Today, we have meet with University and Barr Engineering staff to review the Remedial Investigation for the eastern portion of UMore Park. Next week, the City will be conducting the first open house for the alternative urban areawide review (AUAR) of UMore Park. 7he City continues to work with the Un+versity on planning of the development of UMore Park into a mixed use development that wi11 address the contamination before or during development. Eric Zweber Senior Planner 2 City of Rosemount (651) 322-2052 From: Leslie Everett <evere003(a�umn.edu> Date: Apri120, 2012 5:32:54 PM CDT To: <Mark.DeBettignies(a�ci.rosemount.mn.us>, <Matt.Kearneyn,ci.rosemount.mn.us>, <Kim.Shoe-Corri�an(a�ci.rosemount.mn.us>, <Jeff.Weisensel(a�ci.rosemount.mn.us> Subject: Mining at UMore Park Rosemount City Council Members Mark DeBettignies, Matt Kearney, Kim Shoe-Corrigan, and Jeff Weisensel, I am a resident of St. Paul and not Rosemount, but do have the following question regarding the proposed mining at UMore Park. Why would the City want to approve mining the western agricultural research space for the next forty years, when the eastern portion of UMore Park is both available for mining and in need of reclamation now? Before accepting the assumption that chemical contamination of the ordinance precludes beginning there, it would be advisable to first review the results of the Barr Engineering study being completed on that topic. Redevelopment of the western site forty years from now is not assured since the University of Minnesota has no plans to reinvest the proceeds of the mining into housing and commerciallindustrial development. It would seem to be much more in the City's interest to start the mining and reclamation on the ordinance plant site (eastern part) now, instead of replacing agricultural research land adjacent to City center with a mine pit. Perhaps this note could be passed on to your Planning Commission as well? Thanks much for your attention, Les Everett 1988 Brewster St. #l09 St. Paul, MN 55108 651-641-1880 3 C O U N T Y Physical Development Division March 19, 2012 Lynn Thompson, Director Dakota County Eric Zweber, Senior Planner Western Service Center City of Rosemount ' 14955 Galaxie Avenue 2875 145th St W Apple Valley, MN 55124-8579 Rosemount MN 55068-4997 952.891.7000 Fax 952.891.7031 www.dakotacounty.us Environmental Mgmt. Department Dear Mr. Zweber, Office of GIS Parks and Open Space Department Thank you for the opportunity to comment on the City of Rosemount's Surveyor's Office proposed Large-Scale Mineral Extraction Text Amendment. Transit Oifice 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/LawJustice/Ordinances/default.htm If there are questions or concerns about our comments, please contact David Swenson, Dakota County Water Resources Director at 952-891-7554. Sincerely, �� Lynn Thompson, Director Physical Development Division Cc: Commissioner Wi11is E. Branning, District 7 Brandt Richardson, County Administrator �s PriMed on recycled paper with 30% posl-cons�s waste. AN EQUAI GPFf7R1lN11iY EIMLOYER ROSEMOUNT LARGE-SCALE MINERAL EXTRACT{ON TEXT AMENDMENT Comments from Dakota County Water Resources staff 11-10-4-1 D. Review Process b. Environmental Impacts The land within the proposed Large Scale Mineral Extraction Overlay District is a Formerly Utilized Defense Site, the Gopher Ordnance Works. Therefore, there are portions of the mining area where prior land use indicates a possibility of contaminated soil. We recommend that the City add the following language to the amendment: If contamination is found, the property owner and the mine operator risk becoming responsible parties if contamination is disturbed and not addressed in accordance with Federa! and State laws, and Dakota County Ordinance No. 110. Asbestos-containing materials (ACMs) are afso 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 immediate{y 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 Repuirements 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 activitv 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 agriculturaf 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 environmentai site assessments, analytical data, and findings from the fill source. G. Ancillarv Uses Accessory and ancillary uses must be conducted in accordance with all federai, state, and local regulations. G. 2. b. Asphalt Production 8) Waste Bvproducts 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 permittedjlicensed 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 Phasin� 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 Environmenta{ Contingency P1an be approved by the City and the County prior to the beginning of excavation activities. 1. 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 la�guage to the amendment: In accordance with Dakota County Ordinance No. 110, any fili 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 ctean and would not be permissible in this area because of the proximity to groundwater and the future agricultura{ 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 Rosem.ount 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 11-10-4-1fC) The definition of Clean Fill as defined by Dakota County Ordinance No 110 will be added to the Definition Section. ' Environmental Imqacts 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 Sweepinq 1'1-10-4-1(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 Aaqreqate Processinq 11-10-4-1(G)(3)(e)!4) I do not agree with limiting fihe amount of �ecycled aggregate product to 30%. The City of Rosemount should be encou,raging 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 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 atternatives 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 LJ)(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 monitoringplan 11-10-4-1(E)(9)(� Groundwater monitoring plan was moved to section 11-10-4-1(E)(9)(fl which is a better fit. I understand that the groundwater monitoring plan must be approved by the Planning Commission and the City Council. Drinkinq & 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 woutd 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 E�raction 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 aperations 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 (Supertund) 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, U Urrr�,,e.4,y...,_ `�G.7`'_ly'Y'r�(�,�.� Vanessa Demuth Planning Commissioner _ _.. ___ _ __. .. MEMO TO: City of Rosemount City Council FROM: Dakota Aggregates, LLC DATE: May 9, 2012 RE: Subparts (.n(2) and (.n(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 by the Planning Commission to the City Council reads 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. 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, 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 1 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 Citv Council may within the interim use ep rmit provide a minimum period of time such that the operator will have a reasonable opportunity to mine before _ the twent f�our (24) month advanced notice can be �iven. Prior to the notice, the collector and arterial roadwavs and utilitv construction shall be either shown on the Citv's Comprehensive Plan ar shown on a proposed amendment that has been submitted by the Citv 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 Citv 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 twentv four (24 month advanced notice can be given. Prior to the notice, the trunk utilitv lines shall be either shown on the Citv'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: l. 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 (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 gives the operator only two years to make all of these adjustments. 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 2 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 term mineral extraction operations or within twelve (12) months after the expiration of the annual extraction permit provided by this section, the applicant or owner shall dismantle buildings and structures incident to extraction operations and shall grade the extraction site as well as complete all rehabilitation on the site as provided by the rehabilitation plan. Dakota Aggre�ates Pronosed Version: d. Within eighteen (18) months after the termination of long term mineral extraction operations or within *"'°� ei hteen (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 inineral 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 Ag�regates Pronosed 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. Stockpilin� 7. Stora�e of machinery used dailv 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 ancillar 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 unenclased 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 A��re�ates Pronosed 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 conve, ors. 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 rp imary plant may continue to be permitted following the completion of the enclosed primary plant and additional secondar ready mix concrete plants mav be constrticted and continued to be permitted after construction of the enclosed rp imary 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 A��re�ates Pronosed Version: d. Casting Yard: A facility for the manufacturing of precast concrete products �a3�be �6�@a'—vrr-ir�ii�.°, ii"'�c«i' ee��r�^° ��*'� *'�� ^°^*�^� �) on a site that has an approved lar�e scale mineral extraction permit in compliance with this section or (b) in conjunction with lar e scale mineral extraction occurring in an adjoining municipalitv for which the adjoinina municipality has �ranted approval provided the facility was ori i� nall�granted an interim use permit in conjunction with lar�e scale mineral extraction in the Citv 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. D�kota A��re��tes Pronosed Version: 4) Ratio of Aggregate Processing to Recycled Aggregate Products Production: To maYimize the use of mined aggregate material and minimize importing of recvcled 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 „� ••+,•«:, processing. Th�� roa-iiciivrrizrcrv � + -cn��x �„�„�^�:� The ratio shall be based on tonnage sales and the actual tonnage sales shall be reported to the Citv 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. Dakot� A��regates Pronosed 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. Y��;=�a°a *'��* *�° ��°�•�� ,.,..,.,,,te�;.,,. +t,e ��,,,.i,�:io �.vui b , 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 nZaintain 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 Ag�re�ates 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 an�public road from eve-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 �vith 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. Dakot� Ag�re�ates Pronosed 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 perm the Council mav lessen the zoning ordinance requirements for the height of screenin� 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 fiigitive 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 Ag�regates Pronosed 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'��^'� �� '^��^ da sv of hi� wind, as defined bv the National Oceanic and Atmospheric Administration's National Weather Service, the Community Development Director may require that *�� °�•�� durin� the time of hi�h wind the drv mining operation cease operations to eliminate additional dust generation. 13 SUBPART (H)(18) Rosemount Staff Version 18. Lighting: Any lighting shall be shielded to prevent lights from being directed at traffic on a public road in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings or streets. Dakot� A�gre�ates Pronosed 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 directiv illuminate any adjacent propei�ties, buildings or streets. 14 SUBPART I(3) AND SUBPART J(1) Rosemount Staff Version 3. Gravel Production and Phasing: a. A phasing plan must be prepared that limits operations to a maximum area of eighty (80) acres per phase of operations. b. A mineral extraction permit for the first phase of an extraction operation shall be limited to a maximum area of eighty (80) acres. An extraction permit for phase two (2) or subsequent phases of a mineral extraction operation shall not be issued until at least seventy percent (70%) of the previous phase of operations has been rehabilitated according to an approved comprehensive reclamation plan. c. No mineral extraction permit shall authorize extraction operations to be conducted in more than two (2) phases of an extraction operation concurrently. d. No mineral e:ctraction 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 A�gre�ates Proposecl Version: 3. Gravel Production and Phasing: a. A phasing plan must be prepared �* '�m;*^ ��°Y^*:^�^ *^ � �� .;ghr�, rgn� o,. ,,.,�o ��., ��u«. b..�J \ TcT�;..� 1:.... t...W.�., �.. ];,�,,:�0,-1 +„ ., F � „L,+•• /gnv�uci-c�iai-e-}ccrcrccrorr�-Fcrrrnrr�vr-��@ .,� ., .,-, 1 + *' ♦' 1� 11 * L. ,a _.... \—/ .,_ .,......... i ..�--. r....w�u vi u aiaiii�ru 15 0 ii �,,,t,•i•� +ea ., ..a• ,. �„ a �, i �• i .aiuviiitu , sb. No mineral extraction permit shall authorize extraction operations for dr�g to be conducted in more than two (2) �ses 80 acre areas of an extraction operation concunently. �c. 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 d�mining operation shall be divided into phases of no more than eighty (80) acres per phase. T'�° m �'�^" �^* � °°a *^ *�° � �* ��^^° . „*:� +�� s��m�-�,°�Te��re��e-i�get-a�e��i ,.�, �, ri.rtv (1 Fi(ll �•••.�� „� •,�• .i +1, + .t, t,+ r4m ......� �..,.,� .,.....vv va aaaaaaaiab i� vr�.i• uu�rcarurn • b - n�o vl.�ia iic " , 16 SUBPART (�(2) AND SUBPART (�(3) Rosemount Staff Version 2. Significant Transportation Corridors: The reclamation plan shall show all firture collector and arterial roadways. To provide for the roadway and utility construction of these firture 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 A��re�ates Pronosed 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 P1an that at the time of the interim use permit, the City identifies the rights of way subject to this section and fiirther provided that at the time of the interim usepermit the Citv determines a reasonable period of time that the permittee will have available prior to the twentv 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 utilitv easements subject to this section and further provided that at the time of the interim use permit the Citv 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 roposed trunk utilitv 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 fiill 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 anrnial 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 �vithdrawn for the special burden of street repair or to replacement insufficient landscaping. Surety for unfiilfilled mitigation measures will be determined and a security will be required as long as the mitigation measures are not completed. Dakota A��re��tes Pronosed 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�erformance 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, removing material from any pit or excavation, and conducting required rehabilitation and conditioned further to comply with all the requirements of this ��e—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 wiil 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 replace�ex�-insufficient landscaping. Surety for unfiilfilled ��e� rehabilitation measures will be determined and a security will be required as long as the �-i-t�e� 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 pennit is refened 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, miisances, 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 langtlage 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 "loY'. The reference should be to the "property line" which is the bounclary 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 bounclary 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