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HomeMy WebLinkAbout6.n. Danner Small Scale Mineral Extraction Permit Renewal for 2014, Case 14-07-ME 4ROSEMOUN1" EXE EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: March 18, 2014 AGENDA ITEM: Case 14-07 ME Danner Small Scale AGENDA SECTION: Mineral Extraction Permit Renewal for Consent 2014 PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner 6211. ATTACHMENTS: Location Map, 2014 Mineral Extraction APPROVED BY: Permit, Reclamation Protocol, Letter from Applicant, Draft Minutes of the February 25, 2014 Planning Commission Meeting o RECOMMENDED ACTION: Motion to approve renewal of the Danner, Inc. Small Scale Mineral Extraction Permit for 2014, subject to the terms and conditions in the attached 2014 Conditions for Mineral Extraction. SUMMARY Applicant&Property Owner(s): Marlon L. Danner of Danner, Inc. Location: 4594 145th 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`''Street East, '/z mile east of US Highway 52 and south of CSAH 42. Both the Planning Commission and staff recommend approval of this request based upon a review of the information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records and the attached permit. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on February 25, 2014. Following a presentation from staff, the Commission held a public hearing that produced no comments. Commissioner Kurle asked when their current permit expired. Staff replied their current permit expired December 31, 2013;however, Mr. Danner winters out of state so renewing the permit historically lags behind the expiration date. Staff also noted the applicant had imported some material to the site but has yet to submit test results for these materials. Conditions of approval require the applicant to post and maintain "No Trespassing" signs, submit the required haul back material report, and participate in a site inspection with staff prior to June 1, 2014. The Commission then voted to recommend the City Council renew the Danner permit for 2014 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 prior to June 1, 2014 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. The annual renewal for mineral extraction permits includes a site inspection and consultation with the Rosemount Police Department regarding any police activity. Winter weather conditions prevent access to the site prior to review by the Planning Commission. Staff will work with the applicant to schedule an inspection when conditions permit prior to June 1,2014. 2 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. 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 Both the Planning Commission and staff recommend approval of this request based upon a review of the information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records and the attached permit. 3 Danner Mineral Permit • 1 b. . : i� kt . - F , n . . ifn _ - --- r,, �� .. • .. i."-* �;.• ..4' ;:fit;' v. - ;',,, i , : : . -T 1 I ,4' f 15 a \_ is 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 Council 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 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 Highway42. 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 bythe City,as well as the CountyHighwayDepartment 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 bythe 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. 1 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 bythe 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 bythe City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount o f S eve n Thousand Five Hundred D ollars per ac re($7,500.00/acre) o f activ e P hase 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. P tY (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 bythe 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 1,2014 to July31,2015. 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($500,000.00) 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 1,2014 to July31,2015. P. The storage of equipment unrelated to the sand and gravel and processing),manure,construction � (unrelated g mining P � 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 anytime 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 anytime 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 ught 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. g PPo � Yt 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. DD. The City of Rosemount shall have the ability to collect independent soil and water samples. EE. The operator shall install and maintain"No Trespassing" signs consistent with the standards outlined in Minnesota State Statute 609.605. 3 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 ) ) 5 COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2014,by ,on behalf of Danner,Inc.,Property Owner. Notary Public 4 ' ' 1 . 61 I 10 i i tylZ i. P •ri i 1 a IC T. . 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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 ng 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 i nclude 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. L 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 DG98 Test required in conjunction 1 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 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 1) 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 of Test Minimum%of Minimum No.of (Standard Proctor) Maximum Dry Tests per Unit Area General Structural areas beneath ASTM:D698 98% 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 l. 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. – a. Fill materials can-be-stockpiled,-at-designated areas on sit,-for-fill – — - placement when weather conditions are appropriate. � t DANNER, INC. 843 Hardman Avenue South • South St. Paul, MN 55075 Phone: (651) 450-0830 • Fax: (651) 450-9076 February 19,2014 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. (V\ot-tA-A-‘1C:2____ Marlon Danner Vice President MD/kjr MATERIAL HANDLING SPECIALIST EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING FEBRARY 25, 2014 e. Danner, Inc. Request for Small Scale Mineral Extraction Permit Renewal for 2014(14-07-ME). The applicant,Danner,Inc.,requests renewal of their existing mineral extraction permit for the property located at 4594 145`h Street East, 1/2 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. Commissioner Kurle asked when their current permit expired. Mr. Lindahl stated their current permit expired December 31,2013. However,he stated that the applicant lives in the south for the winter so renewing the permit has historically lagged behind the expiration date.Staff noted the applicant had imported some material to the site but has yet to submit test results for this material. Conditions of approval require the applicant to submit the required report and participate in a site inspection with staff prior to June 1,2014. The public hearing was opened at 8:37pm. There were no public comments. MOTION byPowel to Close the Public Hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:38pm. MOTION by Kurle 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. Second by Weber. Ayes: 4. Nays: None. Motion approved.