HomeMy WebLinkAbout5.d. Renewal of the Vesterra-Stonex Mineral Extraction Permit for 2014 4ROSEMOUNTEXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: November 26, 2013
Tentative City Council Meeting Date: December 17, 2013
AGENDA ITEM: 13-36-ME Renewal of the Vesterra, LLC AGENDA SECTION:
and Stonex, LLC Mineral Extraction
Permit for 2014 Public Hearing
PREPARED BY: Jason Lindahl, AICP AGENDA NO.
Planner 5.d.
ATTACHMENTS: Location Map; 2014 Conditions for
Mineral Extraction; Applicant's
Narrative; Stonex-Vesterra Borrow Pit APPROVED BY:
Reclamation Protocol, Fill Imports
Report
RECOMMENDED ACTION: Motion to recommend the City Council renew the Vesterra,
LLC and Stonex, LLC Mineral Extraction Permit for 2014, subject to:
1. Provision of a surety bond as required under item M of the 2014 Conditions for
Mineral Extraction.
2. Provision of a certificate of comprehensive general liability insurance as required
under item N of the 2014 Conditions for Mineral Extraction.
SUMMARY
Applicant: Jonathan Wilmshurst of Vesterra,LLC and Stonex,LLC
Property Owner: Flint Hills Resources
Operator: Solberg Aggregates
Location: South of Bonaire Path, 1/4 mile west of Blaine Ave.
Area in acres: Vesterra—75 Acres, the north half along 135t Street East.
Stonex—80 Acres, the south half.
Comp Plan Designation: LI,Light Industrial
Current zoning: AG,Agriculture
Material removed in 2013: 100,000 tons
The applicant,Jonathan Wilmshurst of Vesterra LLC/Stonex LLC,requests renewal of the Vesterra and
Stonex mineral extraction permit for 2014. 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 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 significant increase in activity during
2013. Solberg Aggregates was the operator of the pit and removed nearly 100,000 tons of material and
imported approximately 10,665 tons of clean fill during 2013. This amount is up sharply from the 20,000
tons removed in 2012 and double the 50,000 tons removed in 2010 and 2011. A routine check of police
records for the subject property noted dust complaints during the summer of 2013. The applicant intends
to address this issue by increasing dust controls operations.
Mr. Wiltnshurst anticipates increased activity for 2014 based on the improving construction market. This
renewal application includes an updated Present Conditions and 2014 Mine Plan showing activity
progressing west and south in Phases 1,2, 3 and 8 but totaling less than 15 acres. The applicant has no
plans to mine in the eastern portion of the site. Solberg indicates the increased activity may necessitate
installation of a scale which they acknowledge would require amending their permit.
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 Zoni
North Agriculture Agriculture e
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.
Currently, access to both properties comes through a gated entrance at the northeast corner of the
Vesterra property along Bonaire Path. In the future, the applicant plans to shift access from Bonaire Path
to Blaine Avenue (County Road 71)via an internal driveway that crosses the 80 acre parcel to the west
owned by Flint Hills Resources. This will reduce truck traffic on Bonaire Path (a gravel road) and allow
the site to operate during spring road restrictions. The applicant is currently discussing this change with
Dakota County and Flint Hills Resources. Should they decide to officially make this change, they will
come back to the City to amend their permit.
CONCLUSION AND RECOMMENDATION
Staff recommends renewal of the Vesterra and Stonex Mineral Extraction Permit 2014. 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.
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appraisal, survey, or for zoning verification.
Mineral Extraction Permit
2014 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 Phases 1,2, 3 and 8 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, 2014
until December 31, 2014 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
2014 Mining Permit
Vesterra,LLC/Stonex,LLC
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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 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:
2014 Mining Permit
Vesterra,LLC/Stonex,LLC
3 of 6
(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, 2014
until July 31, 2015.
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 Thousand and no/100 ($1;500,000.00) Dollars for injury or death of
more than one person arising_out of one occurrence 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, 2014 until
July 31 -2015.
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.
2014 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. The City of Rosemount shall have the ability to collect indenpendant soil samples
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%Q 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.
X. The Property Lessee shall 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.
Z. Truck operators within the pit area shall not engage in practices involving slamming
tailgates, vibrating boxes, using of"jake" or engine brakes (except in emergency
situations) or other such activities that result in excessive noise.
2014 Mining Permit
Vesterra, LLC/Stonex,LLC
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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-Shill be strictly prohibited.
FF. The fill area re-grading and reclamation shall follow the procedures described in the
Stonex LLC and Vesterra LLC Reclamation ProtocolRosemount, 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 lst and February 1st describing any fill importation from
January 1st through June 30'h'and July 1st through December 31st 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 .
Vesterra, LLC and Stonex,LLC
By:
Jonathan J. Wilmshurst, Owner
2014 Mining Permit
Vesterra,LLC/Stonex,LLC
6 of 6
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
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Vesterra,LLC and Stonex, LLC
Annual Mining Permit Renewal Request for 2014
October, 2013
Activity at the pit has picked up this year with a couple of decent projects being supplied.
Total tons removed for the year will be approaching 100,000. The construction market
continues to strengthen and we remain optimistic that activity will pick up at the pit in the
future.
Solberg continues to be the key tenant at the pit. 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 yet this fall or 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 resurfaced last year. There
has been a small progression of mining to the south this year that will in due course 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 2014 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 less than 15
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 sprayed with water as needed. The lower elevation of the mine floor together
with the trees and vegetation that have sprouted in earlier areas of activity have been
steadily re-vegetating the exposed pit floor.
All storm water is retained on the property, and mining remains at least thirty feet above
the water table. The floor of the pit is at or above the elevation of Bonaire Path.
A small amount of fill was imported this season and incorporated into the berm along the
east end of the pit.
Vesterra/Stonex 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 fmal surface
will be graded so as not to allow standing water to accumulate,unless by design.
2
Vesterra LLC and Stonex LLC
Fill imports in 2013
The table below shows the quantity of material brought in from three projects during the year.
The material was all placed along the alignment of the proposed future trail.
Material was placed in lifts and compacted first by the trucks bringing it in, and then by
a bulldozer. Once placement was completed the material was graded and seeded.
Vesterra LLC
Summary of Common-Delivered From
Grey
65th IGH Blaine Stone Total
Street East E1212 1322 Common
5/31/2013 1,800 1,651 - 3,451
6/15/2013 2,922 3,089 - 6,011
8/15/2013 - - 1,203 1,203
8/31/2013 - - - -
4,722 4,740 1,203 10,665