HomeMy WebLinkAbout5.a. Danner Mineral Extraction Permit Renewal for 2013xuosEMOUNr
PLANNING COMMISSION
EXECUTIVE SUMMARY
Planning Commission Meeting Date: January 22, 2013
Tentative City Council Meeting Date: February 5, 2013
AGENDA ITEM: Case 12 -35 -ME Danner Mineral
AGENDA SECTION:
Extraction Permit Renewal for 2013
Public Hearing
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO.
5.a.
ATTACHMENTS: Location Map, Draft 2012 Mineral
APPROVED BY:�
Extraction Permit, Application Narrative
RECOMMENDED ACTION: Motion to recommend the City Council renew the
Danner Mineral Extraction Permit for 2013.
ISSUE
The applicant, Marlon Danner of Danner, Inc., requests renewal of the existing mineral extraction
permit for 2013. The applicant owns and operates the mine located at 4594 145``' Street East, '/a
mile 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
Applicant & Property Owner(s): Marlon L. Danner of Danner, Inc.
Location: 4594 145`h Street East — one half mile east of US
Highway 52 and one quarter mile south of CSAH 42
Area: 75 Acres
Comp. Guide Plan Design: BP — Business Park; MDR — Medium Density
Residential; HDR — High Density Residential
Current Zoning: AG — Agriculture
According to the applicant, they operated within Phase 1 and 2 during 2012 and removed
approximately 30,000 cubic yards of material. No material was hauled back to the mine. That
activity represents a 7,000 cubic yard reduction from 2010. The applicant expects about the same
amount of activity in the mine in 2013.
During 2013 Danner plans to continue operations in Phases 1 and 2 (see attached map). Danner
plans to mine the eastern half of Phase 2 and work towards the east into Phase 1 removing aggregate
to the 840 foot elevation that was approved in 2010. Access to the Danner mine comes from
County Road 42 via a gravel road along the western edge of the property. This road is shared with
the Otto Ped mine to the west.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the renewal of the Shafer
Contracting, Inc. Mineral Extraction Permit for 2013.
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 1601 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 12/28/2012
Mineral Extraction Permit
20132 Conditions for Mineral Extraction Permit Renewal
DANNER, INC.
A Danner Inc., hereinafter referred to as the "Property Owner ", shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
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 the eastern half of Phase Two and the entire Phase One
(approximately 19.5 acres) on Exhibit A, Final Reclamation Plan, Sheet 2 of 4,which is attached hereto as
one of the exhibits. Regrading and reclamation is granted for the area designated on Exhibit A.
D The term of the permit shall extend from January 1, 2013-22 until December 31, 2013? unless revoked prior
to that for failure to comply with the permit requirements. An Annual Mining Permit fee 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 Property Owner 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 Exhibit A, 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 and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner'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 County Highway Department if any changes occur
relative to the mining process.
H A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24 -hour verbal notice, the City may complete or
contract to complete the clean up at the Property Owner's expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner's expense without prior notification.
I 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.
J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
K 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 Owner.
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal
fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for
the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to
reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M 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, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00 /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 Property Owner. 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 Property Owner 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 Engineer, or any other City officials.
(4) Conditioned that the Property Owner 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 Owner.
(5) The surety bond or cash escrow shall remain in effect from January 1, 201:-3 to July 31, 2011,'�.
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.
O. The Property Owner 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 "111ousaod 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, 2013-1 to July 31, 2014 -3.
P. 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.
Q. 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 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.
R. 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.
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 Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
T. The Property Owner 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.
_ - Comment [ell: The SWCD no longer regulates
mining.
l=1.1. 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).
W, V. 1he Property Owner must show how materials stockpiled for recycling will be processed and inform
the City of all stockpiled materials.
��L'. All recycling must be completed with the completion of the current phase and materials removed from
the site. No recycling processes shall be allowed to continue into subsequent phases.
\. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this pen nit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner 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.
-:Y. The Property Owner 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.
AA-.X. 'Me fill area regrading and reclamation shall follow the procedures described in the Danner Inc.
Borrow Pit Reclamation Protocol Rosemount, Minnesota 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. 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.
f31+'.: �_�. No gravel mining is permitted in the Fill Area as shown on Exhibit A.
1G'�.13B_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 Danner Inc.
Borrow Pit Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the
groundwater aquifer.
1)14-.CC.Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit.
That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of
1 12013-2.
DANNER, INC.
Its:
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of . 2013?, by
, on behalf of Danner, Inc., Property Owner.
Notary Public
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3 2012
DANNER, INC.
843 Hardman Avenue South • South St. Paul, MN X5075
Phone: (651) 450 -0830 • Fax: (651) 450 -9076
November 30, 2012
City of Rosemount
2875145th Street West
Rosemount, MN 55068
Re: Mineral Extraction Permit
PID 34- 02900 - 010 -60
Dear Mr. Zweber:
In 2012 we extracted approximately 30,000 tons of Sand and Rock. In 2013 we
will be extracting about the same if not more.
In 2007 we reclaimed sand and rock and are currently in the 2000 Phase. We
have not restored very much due to the stockpiles of material. The stockpiles
will remain as shown on the plan.
I have also enclosed the permit. Please call me with the amount for the permit.
It has changed every year and I just want to make sure you get the correct
amount.
If you have any questions regarding this information please call our office at
(651) 450 -0830.
Sincerely,
Danner Inc.
Marlon Danner
Vice President
MD /kjr
MATERIAL HANDLING SPECIALIST
An Equal Opportunity Employer
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TOPOGRAPHY PROVIDE BY DAKOTA COUNTY CIS SERVICES,
ALL FILL MATERIAL SHALL MEET THE BORROW PIT RECLAIMATION PROTOCOL.
ALL FILL MATERIAL SHALL BE PLACED AND COMPACTED PER THE BORROW PIT RECLAIMATION PROTOCOL
SEE SHEET 3 FOR ADDITIONAL DETAIL ON PHASING AND GRADING REQUIREMENTS
FINAL RECLAIMATION PLAN DANNER, INC.
EXTRACTION PERMIT - AMENDMENT #2 8{3 ST. FAUN AVENUE ES rA
SOUTH Si. PAUL, MTNNESOTA
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