HomeMy WebLinkAbout5.b. Request by SKB Environmental for a Mineral Extraction Permit at Otto Ped Grace Kuznia Properties 4 ROSE MOU EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: December 11, 2012
Tentative City Council Meeting Date: January 15, 2013
AGENDA ITEM: Case 12- 34 -ME: Request by SKB
Environmental for a Mineral Extraction AGENDA SECTION:
Permit at the Otto Ped /Grace Kuznia Public Hearing
Properties
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO.
5.b.
ATTACHMENTS: Site Map; Draft 2013 Conditions; Application
Narrative; Mining Plan; Reclamation Plan; APPROVED BY: W November 2012 Survey.
RECOMMENDED ACTION: Motion to recommend the City Council renew the SKB
Environmental, Inc. Mineral Extraction Permit for 2013, subject to the terms and conditions
in the attached 2013 Draft Conditions for Mineral Extraction.
SUMMARY
Applicant: SKB Environmental, Inc.
Property Owner(s): Otto Ped Grace Kuznia
Location: 4992 145 Street East
Area in acres: Ped 80 Acres, the East half along Co. Rd. 42.
Kuznia 80 Acres, the West half along Co. Rd. 42.
Mining area: Approximately 30 acres
Comp. Guide Plan Designation: BP Business Park, MDR Medium Density Residential and
LDR Low Density Residential
Current Zoning: AG Agriculture
The applicant, SKB Environmental, Inc., requests renewal of their existing mineral extraction permit for the
properties located at 4992 145 Street East. The subject properties are owned by Otto Ped and Grace
Kuzma and located approximately 1 '/a miles east of US Highway 52 and south of CSAH 42. After
reviewing the mineral extraction standards in Section 11 -10 -4 of the Zoning Ordinance, the information
submitted by the applicant and City Police records staff recommends approval of this request.
BACKGROUND
According to the applicant, 57,073 cubic yards of material were removed from the pit in 2012, while
27,739 cubic yards were removed in 2011. Mining occurred in Phase One down to the 856 foot elevation
or 16 above the lowest approved elevation of 840 feet. The groundwater elevation under the mine is
about the 810 feet.
Given the amount of material removed and the elevation of the mining activity, no reclamation activities
were performed and 14,516 cubic yards of materials was imported to the site, but will not be deposited and
compacted until the 840 foot elevation of ultimate excavation is achieved. The applicant anticipates their
2013 activity will remain in Phase One and above the approved 840 foot elevation. The applicant requests
no modification to the existing permit for 2013.
ISSUE ANALYSIS
The table below details the zoning, current land use and future land use information for the surrounding
properties. None of the sites are located within the current Metropolitan Urban Service Area (MUSA). It
should be noted that some of the agricultural uses include associated residential uses.
Surrounding Land Use and Zoning Information
Direction Current Land Use Guided Land Use Zoning
North Agriculture Commercial, Business Park Light Agriculture
Industrial
South Agriculture Medium Density Residential (west half) Agriculture Preserve
Business Park (east half)
East Agriculture /Mining Business Park, Medium and Low Density Agriculture
Residential
West Agriculture Commercial, Business Park Medium Agriculture
Density Residential
The Ped /Kuzma mine is accessed by a joint access road with the Danner mine on the western edge of the
Ped property line. The applicant maintains a private access agreement with Danner to coordinate mining
levels and allow continued access to the site.
As a routine part of any mineral extraction permit renewal, staff preformed an inspection of the site and
consulted with the Rosemount Police Department regarding any police activity on the site. No Ordinance
or permit condition violations were apparent during the inspection and no police activity for the subject
property was noted in 2012.
CONCLUSION RECOMMENDATION
Staff recommends renewal of the Ped /Kuzma Mineral Extraction Permit for 2013. This recommendation is
based on the information submitted by the applicant, a review of police records and the findings made in
this report. This recommendation is subject to the conditions outlined in the attached permit as well as the
mineral extraction standards outlined in Section 11 -10 -4 of the City Code.
2
i
lq 4
a
Cu i
yp '3114
in p
o Q
o
Q Y
3 R o
krD
C O
N N
iz:),
1..... t
d
a c
m
l .0. \is\‘'* j I i tie.'' tt
c r -4. o
q
cu Y t
d
rD
0 i It 0 im
°i 3
z
o
d
r 4 4
0 0.. it a
o
T C
CL
Or
o 7 a
N 1
tD
I I
1
(CD
Mineral Extraction Permit
20132 Conditions for Mineral Extraction Permit Renewal
SKB ENVIRONMENTAL, INC. (PED- KUZNIA)
A. SKB Environmental, Inc. (hereinafter the "Operator shall sign a written consent to these
conditions binding itself and its successors and assigns to the conditions of this permit. Otto A.
Ped and Grace Kuznia (hereinafter the "Owner shall sign written acknowledgment and
consent to these conditions and to issuance of this permit in the form set forth at the end of
these conditions.
B. The property Owner shall comply with all terms of this permit as well as the standards for
mineral extraction listed in Section 11 -10 -04 of the City Code.
C. This permit is granted for the area designated as Phase One and the western half of Phase Two
as shown on the Mining Plan dated April 14, 2011 (Exhibit A, which is attached hereto).
However, the applicant shall not proceed into eastern half of Phase Two without completing all
reclamation requirements of this permit for Phase One.
D. The term of the permit shall extend from January l.april 17, 20132 until December 31, 20132
unless revoked prior to that for failure to comply with the permit requirements. A mining
permit fee of $37700.00 shall be paid to the City of Rosemount.
E. All required permits from the State of Minnesota, County of Dakota and City of Rosemount
(hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to
the issuance of the permit. Failure by the Operator to comply with the terms and conditions of
any of the permits required under this paragraph shall be grounds for the City to terminate said
mining permit.
F. The final grading for the permit area shall be completed in accordance with Reclamation Plan
dated April 14, 2011 (Exhibit B, which is attached hereto), or as approved by the City Engineer,
and any other conditions that may be imposed by the City from time to time.
G. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 (CSAH
42) from the joint access between the Danner and Ped properties and the designated truck route
to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on
STH 52 to the City boundary. It shall be the Operator's responsibility to obtain easements for
ingress and egress. The location of the accesses and /or easements for ingress and egress shall
be subject to approval by the City, as well as the County Highway Department or the Minnesota
Department of Transportation if applicable or if any changes occur relative to the mining
process.
H. A gate must be placed at the driveway entrance that shall be secured after hours.
20132 Mining Permit
SKB Environmental, Inc../Ped Kuznia
Page 1 of 6
I. A plan for dust control shall be submitted to and subject to approval by the City. The Operator
shall clean dirt and debris from extraction or hauling operations related to the Mineral
Extraction Permit from streets. After the Operator has received 24 -hour verbal notice, the City
may complete or contract to complete the clean -up at the Operators expense.
J. The surface water drainage of the mining area shall not be altered so as to interfere,
contaminate, or otherwise affect the natural drainage of adjacent property.
K. No topsoil shall be removed from the site and the Operator shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be
indicated on Exhibit A, the Phasing Plan.
L. Any costs incurred now or in the future in changing the location of existing public or private
utilities including but not limited to pipelines, transmission structures and sewer infrastructure
located within the permit area shall be the sole obligation and expense of the Operator.
M. All costs of processing the permit, including but not limited to planning fees, engineering fees
and legal fees, shall be paid by the operator prior to the issuance of the permit. That the
Operator shall reimburse the City for the cost of periodic inspections by the City Public Works
Director or any other City employee for the purpose of insuring that conditions of the permit
are being satisfied. That the Operator agrees to reimburse the City for any other costs incurred
as a result of the granting or enforcing of the permit.
N. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday subject to being changed by the City Council.
O. The Operator shall deposit with the Engineering Department a surety bond or cash escrow in
the amount of Seven Thousand Five Hundred Dollars per acre ($7,5000.00 /acre) of active
phase in favor of the City for the cost of restoration, regrading and /or revegetating land
disturbed by mining activities and to assure compliance with these conditions by the Operator.
The required surety bonds must be:
1) With good and sufficient surety by a surety company authorized to do business in the
State of Minnesota with the right of the surety company to cancel the same only upon at
least thirty (30) days written notice to the permit holder and the City.
2) Satisfactory to the City Attorney in form and substance.
3) Conditioned that the Operator will faithfully comply with all the terms, conditions and
requirements of the permit; all rules, regulations and requirements pursuant to the permit
and as required by the City and all reasonable requirements of the Public Works Director
or any other City officials.
4) Conditioned that the Operator will secure the City and its officers harmless against any
and all claims, or for which the City, the Council or any City officer may be made liable by
reason of any accident or injury to persons or property through the fault of the Operator.
5) The surety bond or cash escrow shall remain in effect from January L.1pri1 17, 20132 until
July 31, 201.
20132 Mining Permit
SKB Environmental, Inc../Ped -Kuzma
Page 2 of 6
P. Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or
increase the amount of the bond or cash escrow during the term of this permit in order to
insure that the City is adequately protected.
Q. The Operator shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred
Thousand and no /100 ($500,000.00) Dollars for injury or death of any one person in any one
occurrence, bodily injury liability in an amount of at least One Million Five Hundred Thousand
and no /100 ($1,5000,000.00) Dollars and property damage liability in an amount of at least Two
Hundred Fifty Thousand and no /100 ($250,000.00) Dollars arising out of any one occurrence.
The policy of insurance shall name the City as an additional insured and shall remain in effect
from January 1.lpril 17, 20132 until July 31, 20143.
R. Processing and crushing of materials are permitted on the site in accordance with the Sand and
Gravel Mining Plan and Backfill Plan dated March 2011. No additional processing or
production of materials may occur on the site and construction of any ponding areas or wash
plants shall require additional City Council approval and notification of adjacent property
owners, except as approved by the Dakota County Environmental Health Department as
incidental to a sand and gravel mining operation. Any such activities will be enclosed with
cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained.
S. The Operator and the Owner shall hold the City harmless from all claims or causes of action
that may result from the granting of the permit. The Operator and the Owner shall indemnify
the City for all costs, damages or expenses, including but not limited to attorney's fees that the
City may pay or incur in consequence of such claims.
T. The Operator comply with such other requirements of the City Council as it shall from time to
time deem proper and necessary for the protection of the citizens and general welfare of the
community.
U. Complete mining and reclamation is required in all phases before any additional mining is
authorized. Modifications or expansion of the mining areas must be approved in writing buy
the City.
V. The Operator shall incorporate best management practices for controlling erosion and storm
water runoff as specified by the Minnesota Pollution Control Agency and the United States
Environmental Protection Agency.
W. The Operator shall receive all applicable permits and follow all appropriate regulations of all
federal, state, or county agencies.
X. The Reclamation Plan (Exhibit B) shall be coordinated with any abutting Mineral Extraction site
to insure matching conditions and final grades along any adjoining property line(s). Reclamation
shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and
mulching necessary to re- establish vegetative cover for permanent slope stabilization and
erosion control. The minimum depth of topsoil shall not be less than two inches after
reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1) except there
20132 Mining Permit
SKB Environmental, Inc../Ped -Kuzma
Page 3 of 6
shall be no greater than an eight (8) percent slope from the eastern property line of the Kuznia
property to the existing grade of the site to insure proper conditions for any future roads.
Y. The storage of equipment (unrelated to the sand and gravel mining and processing), manure,
construction debris, or hazardous materials of any kind shall not be permitted on site. The
placement of construction debris, manure, asphalt in any form or hazardous materials within the
pit as fill shall be strictly prohibited.
Z. The fill area regrading and reclamation shall follow the procedures described in the Sand and
Gravel Backfill Protocol dated 2011 including a bi- annual report submitted to the City
describing the quantities of material brought in, where the material came from, and the test
result of the material.
AA. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to
the elevation shown on Exhibit A with haul -back, clean -fill material in accordance with the Sand
and Gravel Backfill Protocol dated March 2011. In no instance shall mining occur in the
groundwater aquifer.
BB. The bi- annual reports submitted shall describe the quantities of material brought in, where the
material came from, and the test results, including supporting analytical results of the materials.
BB. Formatted: No bullets or numbering
CC. Blasting or the use of explosives is prohibited in the muting of the SKB Environmental, Inc.
operation.
20112 Mining Permit
SKB Environmental, Inc../Ped Kuznia
Page 4 of 6
Otto A. Ped and Grace Kuznia, Minnesota residents and owners of the properties for which this
permit is issued, hereby consent and agree to the issuance of a mineral extraction permit for said
properties and to the imposition of the foregoing conditions. Owners further agree and consent to
entry onto said properties by the City, its officers, agents, contractors and employees and by the
surety of the bond issued in accordance with paragraph 0, its officers, agents, contractors and
employees to take any action deemed necessary by the City to enforce and assure compliance with
the conditions of this permit and law. Owners further agree that they will not bring any claims or
legal actions against the City, its officers, agents, contractors or employees for damages arising out
of issuance of this permit or administration or enforcement by the City of the conditions of this
permit or of law. The foregoing agreements of Owners shall run with the land of said properties
and shall bind the Owners, their heirs, successors and assigns.
By:
Otto A. Ped
By:
Grace Kuznia
STATE OF MINNESOTA
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2012 by
Otto A. Ped, Minnesota resident and property owner.
Notary Public
STATE OF MINNESOTA
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2012 by
Grace Kuznia, Minnesota resident and property owner.
Notary Public
20132 Mining Permit
SKB Environmental, Inc../Ped -Kuzma
Page 5 of 6
That of SKB Environmental, Inc., the operator, hereby consents and
agrees to the foregoing conditions of said mining permit.
SKB Environmental, Inc.
By:
Its:
STATE OF MINNESOTA
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2012 by
of SKB Environmental, Inc., the operator.
Notary Public
20132 Mining Permit
SKB Environmental, Inc../Ped Kuznia
Page 6 of 6
City of Rosemount Mineral Extraction Permit License Application 2012 Application
In 2012, SKB Environmental mined a portion of the Ped- Kuznia properties on 145 Street in the City of
Rosemount in accordance with the City of Rosemount's Permit issued on April 17, 2012. SKB has
attached two drawings to this application for a 2012 permit. With these two drawings, you can see that
the mining principally took place in Phase 1 of the five approved phases. The lowest elevation of mining
was to an elevation of 856, which is above the approved elevation of 840. Because the final mining
elevation of 840 was not reached in any location, no reclamation activities were performed at the site in
2012. However, SKB did import 14,516 cubic yards of soil that will be used as backfill when areas have
reached the final mining grades and are ready for reclamation.
In 2013, SKB will continue to principally mine in the area designated as Phase 1 on the approved plans.
SKB is not requesting any other modifications to the conditions of its 2012 mining permit, and wishes to
just continue its operations for 2012 with a new permit issued by the City of Rosemount. However, the
required plans for the site have been up -dated to reflect current conditions and the up -dated plans have
been attached to the application.
i
I
i
1,'I
If
x O
1 c `V r
a r I On
l i
m
I
O
Z
a_ I 1 i A
I C I
i m,
II rt
pm
c
Li
D
p O O x-a 0 L
(n W A D Z 1
O m I
O
O
i I
oog p
D D
irt 1 I
a
I 7 y
m
b 5 i 1. _006 m
a 'o
3 .x
i a2x i
i s
o
i K tC)
m N z E n
°s v
a
z $W y_g �Z
V
litC\-.
C.M) 744,
I
7
/,,,;,,,,Itil.'
01„' I
a.
V' j 1;;IP
1 eift-_
41 1
I .,t,' i 1
I 1 .16
1 r
?4 Pi.11nE 1
AtitEmsig.. 2a ttb salt EY M
sou 1 do+ 20b Far
7
N
f" r W. r. .r. w �r w w w ....1
1 i 1
4 I
r 1 1
4 1 1
4 1 1
1 1 4
1 1 1
r 1 1
1 1 1
1 1 t
1 1 1
1 1
1
8 1
s
I 1
1
8 1
4 4
.cfli;5
11:-
v s
ie