HomeMy WebLinkAbout5.e. Danner Mineral Extraction Permit Renewal for 2014 4 ROSEMOUNT
EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: February 25, 2014
Tentative City Council Meeting Date: March 18, 2014
AGENDA ITEM: Case 14-07 ME Danner Mineral AGENDA SECTION:
Extraction Permit Renewal for 2014 Public Hearing
PREPARED BY: Jason Lindahl, AICP AGENDA NO.
Planner
e r
ATTACHMENTS: Location Map, Draft 2014 Mineral APPROVED BY:
Extraction Permit, Reclamation V),
Protocol, Letter from Applicant
RECOMMENDED ACTION: Motion to recommend the City Council approve renewal
of the Danner, Inc. Small Scale Mineral Extraction Permit for 2014, subject to the
standards outlined in Section 11-10-4 of the Zoning Ordinance and the 2014
Conditions for Mineral Extraction, including:
1. Compliance with Condition N requiring provision of a surety bond.
2. Compliance with Condition 0 requiring provision of a certificate of
comprehensive general liability insurance.
3. The applicant shall meet with City staff at the subject property to conduct a site
inspection prior to June 1, 2014.
4. Compliance with Condition Z requiring the applicant to meet the standards and
requirements for the Danner, Inc. Borrow Pit Reclamation Protocol and submit a
report describing the quantities of material brought to the site, where the
material came from and the test result of the material by June 1, 2014.
5. Compliance with Condition EE requiring the applicant to post and maintain "No
Trespassing" signs consistent with the standards outlined in Minnesota State
Statute 609.605.
SUMMARY
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
The applicant,Marlon Danner of Danner, Inc.,requests renewal of the existing Small Scale Mineral
Extraction permit for 2014. The applicant owns and operates the mine located 4594 145`h Street
East, 1/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.
BACKGROUND
According to the applicant, they operated within Phases 1 and 2 during 2013 and removed
approximately 20,000 cubic yards of material (see attached map). That activity represents about a
10,000 cubic yard reduction from 2013.
No reclamation occurred during 2013 but the applicant did haul back 5,000 yards of material.
According to the applicant, this material has yet to be tested. As a result, the City will enforce
Condition Z which requires the applicant to meet the standards and requirements for the Danner,
Inc. Borrow Pit Reclamation Protocol and submit a report describing the quantities of material
brought to the site,where the material came from and the test result of the material.
During 2014 Danner plans to continue operations in Phases 1 and 2. The applicant 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. The groundwater elevation under the mine is estimated at
the 810 foot elevation.
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is Quasi-Judicial actions. As
such, the City has a set of standards and requirements for review. Generally,if the applications meet
the ordinance requirements they must be approved. The standards and requirements for this
mineral extraction are detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral
Extraction permit.
The subject property is zoned AG—Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use
within the Agriculture district. The table below details the current land use, zoning and future land
use information for the surrounding properties. These properties are all currently zoned
Agricultural or Agricultural Preserve and are located within the 2030 Metropolitan Urban Service
Area (MUSA). The 2030 Future Land Use Map anticipates a mixture of residential and business
park uses in this area.
Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
North Agriculture Agricultural BP—Business Park
South Agriculture Agricultural MDR—Medium Density Residential
Preserve HDR—High Density Residential
East Agriculture Agricultural BP—Business Park
West Agriculture/Mining Agricultural BP—Business Park
Access to the Danner mine comes from County Road 42 via a gravel road along the eastern edge of
the property. This road is shared with the Ped/Kuznia mine to the west. The applicant maintains a
private access agreement with the Ped/Kuznia property to coordinate mining levels and allow
continued access to both the sites.
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The annual renewal for mineral extraction permits includes a site inspection and consultation with
the Rosemount Police Department regarding any police activity. Current winter weather conditions
prevent access to the site. Staff will work with the applicant to schedule an inspection when
conditions permit prior to June 1, 2014.
Police records noted no activity at the subject property in 2013. However, there was a significant
motorcycle incident at the neighboring Ped/Kuzma site that resulted in the rider being injured and
airlifted from the site. To prevent similar incidents in the future, the Police Chief recommended the
Ped/Kuznia site post and maintain "No Trespassing" signs at the site. During review of that
application, the Planning Commission recommended this be a condition of all mineral extraction
permits. Staff has added this as Condition EE.
RECOMMENDATION
Staff recommends renewal of the Danner, Inc. Mineral Extraction Permit 2014. This request is
subject to the conditions outlined in the attached permit as well as the mineral extraction permits
standards outlined in Section 11-10-4 of the Zoning Ordinance. Upon review of these standards,
police records, and the information submitted by the applicant, staff recommends renewal of this
permit.
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Danner Mineral Permit / ,.... ,
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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 = 1472 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 02/11/2014
Mineral Extraction Permit
2014 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 the date approved by the City until December 31,2014
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 erms 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 he completed a accordance;with Exhibit A,or as approved by
the City Engineer,and any other_conditions that may be unposed by the City from time to time.
G All gravel trucks andother 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,a:_s wellas the County Highway Department if any changes occur
relative to Elie minin rocess
H A plan fox 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'
orks 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.
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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
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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 terns,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 an other City officials.
(4) Conditioned that the Property Owner will s'
ecure the City;and its officers harmless 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 1,2014 to July 31,2015.
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 0) Dollars for injury or death of any one person in any one occurrence,bodily injury
liability in an amount ofatleast One Million Five Hundred Thousand and no/100 ($1,500,000.00)Dollars
and property damage liabiltyin at-amount of at least Two Hundred Fifty Thousand and no/100
($250,000,0))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 to July 31,2015.
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.
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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 stockpiledf-kefecyelin7g 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 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- 'he 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 iY_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 operatton_s located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. The ill-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-6-f-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.
DD.The City of Rosemount shall have the ability to collect independent soil and water samples.
EE. The operator shall also install and maintain"No Trespassing" signs consistent with the standards
outlined in Minnesota State Statute 609.605.
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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
,2014.
DANNER, INC.
By:
Its:
STATE OF MINNESOTA )
)
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,2014,by
on behalf of Danner,Inc.,Property Owner.
Notary Public
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EXHIBIT A
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DANNER INC.
BORROW PIT RECLAMATION PROTOCOL
ROSEMOUNT, MINNESOTA
OVERVIEW
Danner Inc. is currently mining granular materials from the property at 4594 145th Street,
and has submitted plans and details to the City of Rosemount specifying final or bottom
elevation for the completed pit. Danner Inc recognizes that the City requires reclamation
of the property, and sees merit in initiating this process such that the mining equipment
can also be used to place "haul-back"earth materials in a controlled fashion over time.
The materials that will be used to refill the borrow area will be restricted to soils taken
from projects from local Municipalities. Materials taken from these projects have an
excellent historical record of being free from"contamination or hazardous"materials and
therefore are ideally suited for the reclamation process. Given these conditions,Danner
Inc desires to use"haul-back"materials from projects from local Municipalities as
controlled fill to accommodate future light commercial construction.
Protocol Guiding Principles
Danner Inc.'s protocol involves the ongoing reclamation of the borrow pit with the end
goal of creating prepared building pads for light commercial construction. To the end,the
guiding principles included in the protocol presented to the City include the following:
1) All offsite fill materials will be evaluated for the presence of"contamination or
hazardous",which would be unacceptable to the City.
2) No offsite fill materials will be include debris,refuse or other deleterious materials,
which would be unacceptable to the City.
3) Organic soil will only be acceptable for designated berms or green areas.
4) Earth materials used as controlled fill will be comprised of soil types that lend
themselves to the development of a normal moisture-density relationship for
compaction.
5) Danner Inc. recognizes that some conditioning of the haul-back soils may be required
to facilitate compaction.
6) Danner Inc. will coordinate Braun Exc. Services to obtain environmental screening
and Standard Proctor samples prior to hauling any earthen materials to the site.
a) Once approved for fill placement,Danner Inc. will coordinate for site
observations and compaction tests at representative intervals during the
reclamation operations.
7) Based on plans submitted to the City, fill thickness will approach 4-8 feet.
a) The reclamation protocol will include additional site geotechnical evaluation of
the completed fill sequence through the placement of soil borings or electric
piezocone soundings.
b) This additional parcel specific information will be utilized to develop foundation
plans/recommendations for commercial building purposes.
Quality Assurance
Fill Material Control
1) Danner Inc. will retain Braun Intertech to perform acceptance testing of haul-back
material
proposed for use in the borrow area.
a) Representatives of Braun Intertech will sample and perform
screening tests on proposed fill materials in accordance with their
letter.
b) Danner Inc. will provide Braun Intertech with source of imported
materials and contact name of their representatives at that
location to coordinate the screening activities.
2) In addition to environmental tests,the following pre-qualification testing will be
performed for each soil type:
Description Method of Standard Frequency Action
Test Required
(If failure)
Standard Proctor ASTM D698 Test required in conjunction I per soil type N/A
moisture density with field density test for
test determination of
- — — -
- --- ---- -Compaction levels---
- ----------------
Particle size ASTM:D422 Test required to document I per source or If soil tests as
analysis if certain soils are moisture change in soil type being moisture
sensitive or will not sensitive,
develop normal moisture materials will
density relationship be restricted to
non-structural
areas
3) Braun Intertech will verbally advise owner of any material that fails screening for
contamination or hazardous materials, or will no produce a normal moisture-
density relationship for compaction.
C c
4) Braun Intertech will provide soil test reports within three working days of testing
for routine soil types. Some environmental screening may require longer lead
times.
Quality Control
Filling Placement Requirements
I) Prior to any filling operations, Danner Inc. will coordinate with Braun Intertech
that materials being transferred to the site are free of contamination and/or
hazardous materials, and these materials have been tested for optimum moisture-
density relationship and gradation.
a. Danner Inc. will restrict earth materials to those free of debris,rubbish,
frozen clumps, free of cobbles and boulders over 10"in diameter, organic
soils, vegetation, or other materials.
i. Organic materials will be stockpiled for utilization on
embankments and organic slopes, as detailed in the plans
submitted to the City.
2) Danner Inc. will perform all fill, backfill, and compaction in accordance with the
recommendations of the reclamation protocol.
a. The bottom elevation of the borrow pit or the various fill layers should be
graded such that standing water does not occur.
b. Fill surfaces should be maintained to keep areas free of water during
placement and compaction
c. Danner Inc. will not place backfill or fill materials on surfaces that are
muddy, frozen, or that contain frost or ice.
3) Danner Inc. will only use fill materials with moisture contents near optimum
(OMC) based on the Standard Proctor moisture-density relationship test.
a. Fill materials shall be conditioned, either dried or water added, in order to
obtain moisture level near optimum.
b. Danner Inc. will correct and soft or unstable areas by scarifying, wetting
or drying and then subjecting to surface compaction procedures
Compaction Requirements
1. Danner Inc. will not allow loose fill layers to exceed 1 foot in thickness.
2. Danner Inc. will utilize skilled work persons and proper equipment in good
working condition to perform the work to full completion in a satisfactory
manner.
3. Fill compaction will meet the following requirements:
Item Description Method ofTest Minimum%of Minimum No.of
(Standard Proctor) Maximum Dry Tests per Unit Area
General Structural areas beneath ASTM:D698 95% 1 per 2000 cubic yards
Building pad the building pad including or every 54,000 sq ft
area a 1.1 oversize zone per lift
extending beyond the
Non- External non-structural ASTM:D698 95% 1 per 2000 cubic yards
building pad areas above/outside the or every 54,000 sq ft
areas 1.1 zone per lift
Lawn or In embankments or green ASTM:D698 90% 1 per 2000 cubic yards
unpaved areas or every 54,000 sq ft
areas per lift
4) Fill materials that have been placed but found to be below specified density, shall
be subjected to additional compaction and testing until the fill meets or exceeds
specified density.
Field Quality Control Coordination
1. Danner Inc. will notify Braun Intertech prior to the initiation of any control fill
placement so independent testing laboratory can document that sub grade surface
is acceptable for fill placement.
2. Danner Inc. will arrange for Braun Intertech to perform compaction testing as
placement occurs.
a. Tests will be performed to the frequencies required per lift.
3. Danner Inc. will provide elevation and location control on site so independent
testing laboratory can properly locate its tests and retests, as required.
4. Danner Inc. will perform surveys on an ongoing basis or as a minimum at the end
of every year's fill placement to develop as-built documents for submission to the
City.
5. Filling operations will not be performed during the winter months.
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a. Fill materials can-be-stockpiled,-at designated areas on sits-for-fill —
placement when weather conditions are appropriate.
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DANNER, INC.
843 Hardman Avenue South • South St. Paul, MN 55075
Phone: (651)450-0830 • Fax: (651) 450-9076
February 19,2014 s ,
City of Rosemount
2875 145th Street West
Rosemount,MN 55068
Re: Mineral Extraction Permit
PID 34-02900-010-60
Dear Mr. Zweber:
In 2013 we extracted approximately 20,000 tons of Sand and Rock. In 2014 we
will be extracting about the same if not more.
In 2013 we did not reclaim any sand or rock and are currently in the 2000 Phase.
We stockpiled approximately 5000 yards of excess material from our South St
Paul yard. The material was hauled from a St Paul project from 2 years ago,we
have not tested the material yet,if we need to we will be happy to test it when
we can get into the pit. 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 and the fee of$370.00.
If you have any questions regarding this information please call our office at
(651)450-0830.
Sincerely,
Danner Inc.
aw
Marlon Danner
Vice President
MD/kjr
MATERIAL HANDLING SPECIALIST