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HomeMy WebLinkAbout6.m. Request by Danner, Inc. to Renew their Mineral Extraction Permit though 2013, Case 12-35-MEROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: February 5, 2013 AGENDA ITEM: Case 12 -35 -ME Request by Danner, Inc. to Renew their Mineral Extraction Permit through AGENDA SECTION: 2013. Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. lV• �• ATTACHMENTS: Site Map; 2013 Small Scale Mineral Extraction APPROVED BY: Permit; Danner 2012 Report; Phasing Map; Excerpts from the January 22 Planning Commission Meeting. RECOMMENDED ACTION: Motion to Approve the Renewal of the Danner, Inc. Mineral Extraction Permit for 2013, subject to the terms and conditions in the attached 2013 Draft Conditions for Small Scale Mineral Extraction. 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`h Street East, '/z 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. JANUARY 22 PLANNING COMMISSION MEETING The Planning Commission conducted a Public Hearing on January 22. No residents spoke during the public hearing. Commissioner DiNella asked about the depth of the mining and how the groundwater under the mine is monitored. Staff stated that the mining is allowed to the 840 elevation, about 20 feet above the groundwater level, and that SKB has monitor wells about a mile north of the mine. Planning Commission inquired about how the mining activity compares with other mines. Staff stated that Shafer mined about 120,000 cubic yards in 2012 and SKB mined about 35,000 cubic yards on the Otto Ped property east of Danner's. The Planning Commission unanimously recommended approval of the Danner permit for 2013. BACKGROUND Applicant & Property Owner(s) Location: Area: Comp. Guide Plan Design: Current Zoning: Marlon L. Danner of Danner, Inc. 4594145 h Street East — one half mile east of US Highway 52 and one quarter mile south of CSAH 42 75 Acres BP — Business Park; MDR — Medium Density Residential; HDR — High Density Residential 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 during 2013. In 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 toward the east into Phase 1, removing aggregate to the 840 foot elevation, which 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 City Council approve the renewal of the Danner, Inc. Small Scale Mineral Extraction Permit for 2013. 2 DANNER 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 2013 Conditions for Small Scale 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 February 6, 2013 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, 2013 to July 31, 2014. 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 Thousand and no /100 ($1,500,000.00) 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 to July 31, 2014. 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. 2 S. 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. 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. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. 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. X. 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 permit 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. Z. The 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. AA. No gravel mining is permitted in the Fill Area as shown on Exhibit A. BB. 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. 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 2013. 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 4 1 DEC 3 2012 DANNER, INC. 843 Hardman Avenue South • South St. Paul, MN 75 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. M Marlon Danner Vice President MD /kjr MATERIAL HANDLING SPECIALIST An Equal Opportunity Employer i f J, , t : % . C. I E I i 't i 'DEC 3 12 ITE: 0 50 loo zoo TOPOGRAPHY PROVIDE BY DAKOTA COUNTY CIS SERVICES. ALL FILL MATERIAL SHALL MEET THE BORROW PIT RECLAIMA71ON PROTOCOL GRAPHIC SCALE IN FEET ALL FILL MATERIAL SHALL BE PLACED AND COMPACTED PER THE BORROW PIT RECLAIMATION PROTOCOL. SEE SHEET 3 FOR ADDITIONAL DETAIL ON PHASING AND GRADING REOUIREMENTS IOP111UY AA1F11OMENT Lp., FINAL RECLAIMATION PLAN DANNER, INC. ROSEMOUNT PTT - CO. RD. 42 EXTRACTION PERMIT - AMENDMENT #2 SOU TA 3�3 ROSEMOUNT, MINNESOTA 2 1 4 '\ ; + ` , allT +` 1 i' + r 'DEC 3 12 ITE: 0 50 loo zoo TOPOGRAPHY PROVIDE BY DAKOTA COUNTY CIS SERVICES. ALL FILL MATERIAL SHALL MEET THE BORROW PIT RECLAIMA71ON PROTOCOL GRAPHIC SCALE IN FEET ALL FILL MATERIAL SHALL BE PLACED AND COMPACTED PER THE BORROW PIT RECLAIMATION PROTOCOL. SEE SHEET 3 FOR ADDITIONAL DETAIL ON PHASING AND GRADING REOUIREMENTS IOP111UY AA1F11OMENT Lp., FINAL RECLAIMATION PLAN DANNER, INC. ROSEMOUNT PTT - CO. RD. 42 EXTRACTION PERMIT - AMENDMENT #2 SOU TA 3�3 ROSEMOUNT, MINNESOTA 2 1 4 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JANUARY 22, 2013 5.a. Request for Renewal of the Danner Inc. Mineral Extraction Permit for 2013 (12- 35 -ME). Senior Planner Zweber stated that the applicant, Danner, Inc. requests renewal of the existing mineral extraction permit for 2013. The applicant owns and operates the mine located at 4594 145th Street East, '/z 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, Mr. Zweber stated that staff recommends approval of this request. Commissioner DiNella asked if Danner had reached the 840 foot elevation and what would happen if they exceeded that elevation. Mr. Zweber responded that the haulback provision approved for Danner in 2010 allowed them an elevation of 840 feet but that they have not reached that elevation. Mr. Zweber explained that if the 840 foot elevation is exceeded, they would be less than 20 feet from the groundwater and would be in violation of the permit conditions. Commissioner DiNella asked if the 840 foot figure would ever need to be changed to a different depth. Mr. Zweber responded that it would only need to be changed if it is determined that the groundwater level was rising and that is monitored by wells north of Danner next to and on the SKB property. Commissioner DiNella requested a list or map showing all of the mining operations in Rosemount and Mr. Zweber stated that will be provided to the Planning Commission later this spring when the small scale mineral ordinance is reviewed. Commissioner Husain asked if Danner is the mine that extracted over 100,000 cubic yards last year and Mr. Zweber stated that Danner extracted approximately 30,000 cubic yards and that it was Shafer Contracting that had over 100,000. The public hearing was opened at 6:38p.m. There were no public comments. MOTION by Weber to close the public hearing. Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:39p.m. MOTION by DiNella to recommend the City Council renew the Danner, Inc. Extraction Permit for 2013. Second by Weber. Ayes: 4. Nays: None. Motion approved.