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HomeMy WebLinkAbout5.a. Request by Vesterra-Stonex for Renewal of their Mineral Extraction Permit for 2013 4ROSEN4OLINT SUMMARY PLANNING COMMISSION Planning Commission Meeting Date: November 27, 2012 Tentative City Council Meeting Date: December 18, 2012 AGENDA ITEM: 12 -32 -ME Renewal of the Vesterra, LLC AGENDA SECTION: and Stonex, LLC Mineral Extraction Public Hearing Permit for 2013 PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. 5.a. ATTACHMENTS: Location Map; 2013 Conditions for Mineral Extraction; Applicant's APPROVED BY Narrative; Stonex Vesterra Borrow Pit Reclamation Protocol Rosemount, MN RECOMMENDED ACTION: Motion to recommend the City Council renew the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2013, subject to: 1. Provision of a surety bond as required under item M of the 2013 Conditions for Mineral Extraction. 2. Provision of a certificate of comprehensive general liability insurance as required under item N of the 2013 Conditions for Mineral Extraction. SUMMARY Applicant: Jonathan Wilmshurst of Vesterra, LLC and Stonex, LLC Property Owner: Flint Hills Resources Operator: Primarily Solberg Aggregates but possibly others Location: South of Bonaire Path, '/a mile west of Blaine Ave. Area in acres: Vesterra 75 Acres, the north half along 135` Street East. Stonex 80 Acres, the south half. Comp Plan Designation: LI, Light Industrial Current zoning: AG, Agriculture Material removed in 2012: Less than 20,000 tons The applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2013. The subject properties are located south of Bonaire Path, '/a mile west of Blaine Avenue (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While both Flint Hills and Vesterra, LLC /Stonex, LLC are parties to this application, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. Upon review of the mineral extraction standards, police records and the information submitted by the applicant, staff recommends renewal of this permit. BACKGROUND According to the applicant, the Vesterra /Stonex site experienced a reduction in activity during 2012. The operator removed less than 20,000 tons of material and no fill was imported in 2012. By comparison, approximately 50,000 tons of material was removed in each of 2010 and 2011. The applicant attributes this decline in activity to the relative lack of snow and ice last winter and the recovering construction industry. A routine check of police records for the subject property found no incidents in 2012. Mr. Wilmshurst anticipates increased activity for 2013 based on the improving construction market. The 2013 Mine Plan indicates the applicant intends to continue to remove material from Phases 1. The applicant has no plans to mine in the eastern portion of the site and affirms that any importation of clean fill will conform to the approved haul back protocol (attached). Should any haul back occur, Condition FF of the permit requires the applicant to submit bi- annual reports to the City that describe the quantities of material brought to the site, where the material came from and the test results (including supporting analytical date) of the material. ISSUE ANALYSIS The subject property is zoned AG Agriculture. Small scale mineral extraction is listed as an interim use within this district. The table below details the zoning, current land use and future land use information for the surrounding properties. The sites to the west, south, and east are located within the current Metropolitan Urban Service Area (MUSA). It should be noted that some of the agriculture uses include associated residential uses and the applicant has a farming tenant operating on a portion of the subject property outside the active mining area. Surrounding Land Use and Zoning Information Direction Current Land Use Guided Land Use Zoning North Agriculture Agriculture Agriculture South Agriculture Medium Density Residential (west half) Agriculture Business Park (east half) East Agriculture Light Industrial Agriculture West Agriculture Low Density Residential Agriculture Preserve This use meets or exceeds the applicable performance standards for small scale mineral extraction. The subject property meets or exceeds the required setbacks for small scale mineral extraction sites including 5 feet from a utility, 30 feet from any adjoining property not used for mineral extraction and 50 feet from any public street right -of -way. By ordinance the active area of the mine is limited to 15 acres. The applicant's 2013 Mine Plan includes an open area, area previously stripped and the area proposed to be stripped totaling approximately 14 acres. Currently, access to both properties comes through a gated entrance at the northeast corner of the Vesterra property along Bonaire Path. As mining activity on the site progresses south onto the Stonex property, the applicant plans to shift access to the pit from Bonaire Path to Blaine Avenue (County Road 71) across the 80 acre parcel to the west owned by Flint Hills Resources. Mr. Wilmshurst does not anticipate a change in access during this year. Should conditions warrant a change in access the applicant will come back to the City to amend the permit. RECOMMENDATION Staff recommends renewal of the Vesterra and Stonex Mineral Extraction Permit 2013. This request is subject to the conditions outlined in the attached permit as well as the mineral extraction permit standards outlined in Section 11 -10 -4. Upon review of these standards, police records, and the information submitted by the applicant, staff recommends renewal of this permit. 2 Print Preview Page 1 of 1 Vesterr Stonex Site Location Map l n til I v �J J a cri 1j ik I K(---- IL, Ft l 4 [`l 352N p =57=E 1 N ?4iTH :.E.r- al u 1. at Q- 'N I� 1! :8 TH Sr E I Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch 1692 feet appraisal, survey, or for zoning verification. EXHIBIT 1 httn:// gis. co. daknta. mn nc/ wehcite /rlakntanetaic /nrintPrpxiaxx, acnv9Prinffl tTlata ATActArr 111')1 /7n1 1 Mineral Extraction Permit 20133 Conditions for Mineral Extraction Permit VESTERRA, LLC and STONEX, LLC A. By their signatures below, Vesterra, LLC and Stonex, LLC (hereinafter collectively referred to as the "Property Lessee and Flint Hills Resources (herein after "the Property Owner consent to these conditions, binding themselves and their successors, heirs or assigns to the conditions of this permit. Vesterra, LLC and Stonex, LLC are jointly and severally liable and responsible for compliance with all conditions of this permit and all requirements of law relating to the licensed activities. Mineral Extraction is an Interim Use in the Agriculture District of which the permit area is a part according to Ordinance B, the City of Rosemount Zoning Ordinance Regulations. Property Owner consents to entry onto the Subject Property by the City, the City's employees, agents, and contractors, as needed to inspect the work of the permit, enforce the conditions of the permit and undertake any work needed to comply with permit conditions including mine closing and reclamation. B. This permit is granted for the area designated as Phase 1 on Exhibit 2 which is attached hereto as one of the exhibits. C. The completion date of the overall mineral extraction process including site reclamation shall be no later than December 31, 2014 for the northern 75 acres, the Vesterra site. The completion date of the overall mineral extraction process including site restoration shall be no later than December 31, 2018 for the southern 80 acres, the Stonex site. The term of this permit shall extend from January 1, 20132 until December 31, 20123 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $370.00 shall be paid to the City of Rosemount. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Lessee to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the grading plan labeled Exhibit 3, which is attached hereto, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. F. All gravel trucks and other mining related traffic shall enter and exit the mining area from Bonaire Path (County Road 38). It shall be the Property Lessee's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the Dakota County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur 1 20123 Mining Permit Vesterra, LLC Stonex, LLC 2 of 6 relative to the mining process. The current location of the access driveway is indicated on the Location Map, Exhibit 1. Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements. Any street improvements to- Eeunty-Read -34 Bonaire Path, County Road 71 or CSAH 42 necessary to accommodate the generated traffic shall be the sole responsibility of the Property Lessee. G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Lessee shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Lessee has received 24 -hour verbal notice, the City may complete or contract to complete the clean -up at the Property Lessee's expense. In the event of a traffic hazard as determined by the City Administrator (or their designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Lessee's expense without prior notification. H. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate or otherwise impact the natural drainage of adjacent property. I. No topsoil shall be removed from the site and the Property Lessee shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit 2, the Phasing Plan. J. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Lessee. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Lessee prior to the issuance of the permit. The Property Lessee shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Lessee agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday subject to being changed by the City Council. M. The Property Lessee shall deposit with the Planning Department a surety bond or cash deposit in the amount of Seven Thousand, Five Hundred Dollars per acre ($7,500.00 /acre) for any active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Property Lessee. The required surety bonds must be: 1 20123 Mining Permit Vesterra, LLC Stonex, LLC 3of6 (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Lessee will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or his designee) or any other City officials. (4) Conditioned that the Property Lessee will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Lessee. (5) The surety bond or cash deposit shall remain in effect from January 1, 2012 until July 31, 2013. Upon thirty (30) days notice to the Property Lessee and surety company, the City may reduce or increase the amount of the bond or cash deposit during the term of this permit in order to insure that the City is adequately protected. N. The Property Lessee shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no /100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, and at least One Million Five Hundred IThousan4 and no/ 100 ($1, 9500, 000.00) Dollars for injury or death of Comment Lill: According to the City Attorney person arising out of one occurrence and roe damage liability in the State allowed insurance requirement has gone up more than one p g property r'tY g tY to 51,500,000 for the more than one person category an amount of at least Two Hundred Fifty Thousand and no /100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 20123 until Preeember-July 31, 2012. O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Management Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any ponding areas, wash plants or other processing or equipment brought to the site shall require additional site and grading plan information subject to review and approval of the City Engineer. P. The Property Lessee and the Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Lessee shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. 20123 Mining Permit Vesterra, LLC Stonex, LLC 4 of 6 Q. The Property Lessee and the Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. R. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Lessee shall submit to the City semi- annually a written report indicating the amount of material extracted from the site for the prior six -month period. S. The Property Lessee shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. T. Co a ti on Distri n IPerniS Comment [j2]: The Conservation District no longer has this requirement. U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. Topsoil for reclamation shall conform to specifications on file with the City. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Lessee must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. The Property Lessee may not assign this permit without written approval of the City. The Property Lessee will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Lessee gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Lessee shall identify all Operators prior to their commencement of mineral extraction- related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. 1 X. The Property Lessee shall install-and-maintain a "stock" gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Y. There shall be no "haul- back" of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs 0, V and FF; and topsoil imported for the purpose of re- establishing turf as accepted by the City. 1 20123 Mining Permit Vesterra, LLC Stonex, LLC 5 of 6 Z. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of "fake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise. AA. The Property Lessee shall comply with directions from the City Engineer. BB. A landscaping plan shall be prepared subject to approval by City Staff, for the purpose of providing vegetative screening within the setback areas of the various phases of the mining area. Said landscaping shall be installed according to City standards, prior to commencement of operations within an adjacent phase area. CC. No retail activity is permitted on the site. Materials imported to the site are limited to materials to be recycled and mixed with aggregate extracted from the site and topsoil for reestablishing ground cover or turf. DD. Off -site mining connected with the reconstruction of County Road 38 or construction of Connemara Trail shall require separate project approval by the City Council. The site reclamation plan with proposed grades and future street alignments is subject to approval by the City Engineer. EE. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt or hazardous materials in any form within the pit as fill shall be strictly prohibited. FF. The fill area re- grading and reclamation shall follow the procedures described in the Stonex LLC and Vesterra LLC Reclamation Protocol Rosemount, Minnesota. Stonex, LLC and Vesterra, LLC shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. Reports shall be submitted to the City by August 1, 2012 and February 1, 2013 describing the fill importation from January 1 through June 30, 2012 and July 1 through December 31, 2012 respectively. The bi- annual reports submitted shall describe the quantities of material brought in, where the material came from, and the test results, including supporting analytical results of the materials:' IN WITNESS WHEREOF, Vesterra, LLC and Stonex, LLC hereby consents and agrees to the foregoing conditions of said mining permit this day of 20 1 20123 Mining Permit Vesterra, LLC Stonex, LLC 6 of 6 Vesterra, LLC and Stonex, LLC By: Jonathan J. Vv ilmshurst, Owner STATE OF MINNESOTA ss COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 20 by Jonathan J. Wilmshurst, the Owner of Vesterra, LLC and Stonex, LLC Notary Public IN WITNESS WHEREOF, Flint Hills Resources, hereby consents and agrees to the foregoing conditions of said mining permit this day of 20 Flint Hills Resources Its STATE OF MINNESOTA )ss COUNTY OF DAKOTA The forgoing instrument was acknowledged before me this day of 20 by Flint Hills Resources, Its the Property Owner, on behalf of the company. Notary Public Print Preview Page 1 of 1 Vesterr Stonex Site Location Map r w 1 Fr' ..:•NAlFiE..OAIH =k'd "•Y "fi.ti•sI f t tJ 3 `li w iTa_ 1 •a `f't a To III J c15 Di_ S r bl e I r pli 1'52 r1D=2.-"PE .f J Y N co 5'_ =17 H r �'d— U m L_ v I Y v 1,. rH sr t 1 •Y Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch 1692 feet appraisal, survey, or for zoning verification. EXHIBIT 1 1 .,ff"•/ /R1C /ten +n 11[ A„,,,.,. .v.r,4r� «4P•..... ....._..x)11.. :__a_/l__4r- 7 _i n /11 1 1 C 1 8 m m t its ,+?4 e co 3 p N G i iti O N 3 j: Er" 2 C m p N 0 9. m O 100 Foot I 1 rn Setback 11 0 i n 1 3 m A T) X 3 CD O 0 N o Z 0 m C7 0 i ET 1 v r ti y am` 2 o 1 7 cn Z ik 0 MI T w 5. g E a P Z m a r v 3 m v c ti 0 9� o m m A zm H Q o• w P R v o a W O n 7 m u 3 S 0 m a r4 w m m D n O p CO O C 2 a 3 o a c m o m 5 a a m m x m o T y a 7 r I N 91 T 3 t �t CD m m 0 y 7' 4i t it p o n f A vi �r r CD 9. i m r 7 A n n k4 y� :.4.1:1';',•,' cL ti i s ue" r Y �s� EXHIBIT 2 0 1 Il (7 p a Iii CD i -----=---.4 ,is,,,,...1E II _til 7 g i 3 100- FOOI` 'f Z I v rill r I i r m o6a r W u7 Z on i S 93 F3 'm ti.g i1 1 L1$.T —7 N:s.., z d t //a lb t p 11161 11 li la o'i 1 1 1 ii 1 q 1.,I, il c,.,i. il 0 i I ti l sit �r% ...r,__:,.„,./, „,i z 1 6 4' 1 ,c" 0./.44.., J CD Topography. roads and parcel data from Prepared for Stonex, LLC Dakota County Contour Interval 2 feet CONCEPTUAL END USE PLAN I hereby certify that this plan, document, or report was prepared by 50 -foot property line setbacks except for me or under my direct supervision and that am duly Licensed northwest Professional Geologist under der the laws of the state of Minnesota Stonex and Vesterra Properties d A 0 150 300 Feet 1 I City of Rosemount, Dakota County, Minnesota J D Lehr Date January 13, 2005 Reg. No. 30063 EXHIBIT 3 Vesterra, LLC and Stonex, LLC Annual Mining Permit Renewal Request for 2013 October, 2012 Activity at the pit has been somewhat slower than last year due to the relative lack of snow and ice last winter. Total tons removed for the year will be less than 20,000. The construction market has recovered somewhat this year and we remain optimistic that activity will pick up at the pit in the future. Solberg has been the only company to remove any significant volume this year. They still intend to install a scale once the level of business justifies it. The mine face has progressed approximately 50 feet to the west this season and there will need to be some stripping done next spring, probably an additional 50 -100 feet. Truck traffic from the operation continues to exit onto Belaire Path. In due course it is intended to relocate truck access onto Co. Rd. 71, which was recently resurfaced. There has been no progression of mining to the south this year that would open a roadway to this exit. At this time there is no plan to mine the east end of the property, but this would make a decent base product and could be of interest in the future. The 2013 mine plan shows the "open" area, the area previously stripped, and the area proposed to be stripped. The total acreage included in these three areas is approximately 14 acres. Dust control measures will be employed as necessary. Regular reclamation and planting /seeding of berms and pit floor will keep exposed soils to a minimum, and roads will be regularly sprayed with water. The lower elevation of the mine floor together with the trees and vegetation that have sprouted in earlier areas of activity have been steadily reducing the exposed pit floor. All storm water is retained on the property, and mining does not approach anywhere near the water table, with the floor of the pit being at or above the elevation of Bonaire Path. No fill was imported this season, but in the event that fill were to be imported it would be done in conformance with the previously agreed fill Protocol. VesterralStonex thanks the Rosemount Planning Commission and City Council for its consideration of this application for renewal. STONEX, LLC. and VESTERRA, LLC. BORROW PIT RECLAMATION PROTOCOL ROSEMOUNT, MINNESOTA Vesterra, LLC and Stonex, LLC are currently leasing their property to third parties for the primary purpose of sand and gravel mining. Final grading plans have previously been submitted to, and approved by, the City of Rosemount. We have an obligation to reclaim the property and there are opportunities from time to time to import clean fill materials onto the property to use in the reclamation process. The materials that will be imported will be restricted to larger projects where the source can be fully assessed, such as projects that involve street reconstruction for local municipalities. Materials taken from larger projects are much easier to monitor than odd loads from many different places. Larger projects can be assessed beforehand in terms of their history and ownership and are therefore more practical to manage. Protocol The reclamation process contemplates restoring the properties to a condition suitable for agriculture, with the ultimate end -use guided as light- industrial. To this end, the following steps will be put in place: 1. All sources of fill materials will be evaluated for the likely presence of contaminants prior to being brought into the mine. 2. Imported fill that contains contaminants, most likely petroleum products but including excessive amounts of organic or plant matter, or waste or trash will not be permitted to be brought into the mine. 3. Organic -rich material will be used for surface reclamation rather than being buried. 4. Imported fill will generally be suitable for compaction so that the property can ultimately be developed without excessive re- working of the fill. 5. Large amounts of fill will be placed in lifts. 6. Imported fill will be visibly inspected for contamination, and also `sniffed' to check for petroleum or other volatile or odiferous compounds. 7. Imported fill will not be higher than the original landform except along the alignment of the proposed bike trail. 8. Imported fill will not in any case be placed thicker than 45 feet. Quality control Inspection procedures All imported fill will be inspected prior to removal at origin, and again after placement. It will always be the responsibility of the landowner and/or contractor excavating and/or transporting the fill to ensure it is clean and free from contaminants. Periodically, spot checks will be performed on imported fill by a certified testing laboratory to ensure that it is free of contaminants. As a general rule, these tests will be at the expense of the owner /contractor, who will ultimately be held responsible for the treatment or removal of contaminated materials. Where quantities of fill in excess of five thousand cubic yards are imported from a single site, or where fill is placed more than twenty feet thick, then additional testing will be done to ensure that the fill is compactable and that it has a normal moisture:density relationship. These tests will be done in accordance with ASTM: D698 and ASTM: D422. 1 STONEX/VESTERRA RECLAMATION PROTOCOL 2010 Placement procedures Material placement will be determined by the quality of material being brought in, moisture conditions in the soils, and weather conditions. Organic materials such as plant debris will be set aside to be burnt if necessary, or placed in the surface lift if they are sufficiently composted. Wet materials will be allowed to dry out before being compacted. Material will be compacted in lifts, the thickness of which will be determined at the time depending on the fill quality and the weather conditions. No filling will be done if the ground is saturated or frozen. The final surface will be graded so as not to allow standing water to accumulate, unless by design. 2