HomeMy WebLinkAbout6.l. Request by Cemstone Products for an Interim Use Permit to Operate a Seasonal Concrete Facility, Case 14-28-IUP 4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: May 20, 2014
AGENDA ITEM: Case 14-28-IUP Request by Cemstone AGENDA SECTION:
Products for an Interim Use Permit to Operate
a Seasonal Concrete Facility Consent
PREPARED BY: Eric Zweber, Senior Planner AG NDA NO.
ATTACHMENTS: Location Map; Application for Seasonal APPROVED BY:
Concrete Plant; Overall Site
Reclamation/Phasing Plan; CEC Model 448L
Site Layout; Model 448 Foundation Loads;
Grading Plan; Details; Resolution 2012-105;
City Engineer's Memorandum dated April 16,
2014; Excerpts from the April 22 Planning
Commission Meeting. t71)
RECOMMENDED ACTION: Motion to Adopt a Resolution approving an Interim Use
Permit (IUP) for Cemstone Products Company to Operate a Seasonal Ready Mix Concrete
Plant.
ISSUE
Dakota Aggregates (a partnership of Ames Construction and Cemstone) received a Large Scale Mineral
Extraction (LSME) permit on December 18, 2012. The LSME included an Ancillary Use Facility (AUF)
which is essentially an industrial park with businesses that use significant amounts of aggregate in their
production. The approved ordinance permits ancillary uses including recycled aggregate production (RAP),
asphalt production, concrete production, concrete product casting yard and a maintenance facility for the
vehicles used in the mine and AUF businesses. The ordinance requires that each of the AUF businesses
apply for and receive their own Interim Use Permit (IUP). Tonight, Cemstone is requesting an IUP for a
primary (enclosed) ready mix concrete plant and a seasonal ready mix concrete plant in the same area of the
AUF. Each plant requires its own separate IUP and this memorandum is relating to the seasonal plant with
the primary plant application also scheduled on the agenda for Council action.
APRIL 22 PLANNING COMMISSION MEETING
The Planning Commission reviewed and conducted a public hearing for the Cemstone primary concrete
plant request on April 22. No residents testified during the Public Hearing. Commissioner Kenninger
asked if the seasonal plant IUP will have a 10 year term if it does not have the same financing issue. Staff
responded that either plant could create traffic that impacts the adjacent development and therefore the
term could be the same in both permits provided the same condition to modify the traffic plan is in both
IUPs. The Planning Commission recommended approval of the primary concrete plant on a 4-0 vote.
Commissioner Kurle was absent from the meeting.
Staff has prepared a Resolution that is a 10 year IUP with a condition that Cemstone must submit a revised
traffic plan if development or public road construction occurs within a quarter of a mile from the AUF.
Cemstone has agreed with this permit condition.
SUMMARY
Applicant: Gemstone Products Company
Owner: Regents of the University of Minnesota
Location: About 1/8 mile North of CSAH 46 between Station Trail and
Akron Avenue.
Net Acres: 23.73 Acres
Comprehensive Plan Designation: AGR—Agricultural Research
Current Zoning: AG—Agriculture
Legal Authority
The interim use permit approval is a quasi-judicial action, meaning that if the application meets the City
Code, the large scale mineral extraction permit conditions and interim use permit regulations, then the
interim use permit must be approved. Staff supports approval of this interim use permit and fmds that it is
substantially in conformance with the approved large scale mineral extraction permit and the interim use
permit regulation with the conditions within the recommended action. The detailed analysis of this finding
is provided below.
Site Layout
The 23.73 acre site is located within the designated ancillary use facility and is approximately 250 feet north
of CSAH 46 and directly south of the private AUF access drive (158`h Street). Within the 250 foot
separation between the cement facility and CSAH 46, there is an area of existing trees 125 feet wide and a
berm that is 16 feet in height. The facility site is located about equal distance from the Station Trail and
Akron Avenue accesses to CSAH 46. The site has two accesses to 158th Street with the western access
being used by the concrete delivery trucks.
The site is divided into four areas. On the east side of the site is a conveyor from the mining area that
leads to the raw material stockpiles and then these stockpiles will feed the conveyor to the primary
concrete plant. On the north central portion of the site is the primary concrete plant that includes a
building that encloses the concrete ready mix equipment, office, and front end loader for the site. The
primary concrete plant was reviewed during the April 24 Commission meeting.
In the center of the site is the wash water weir in which the trucks will back up weir and rinse the trucks.
The weir will settle out the fines of the concrete and result in pre-treated water that can be used for the
next series of trucks. The narrative describes that the weir will be constructed by the end of 2015 and a
washout pond will be used until the weir is constructed. In the south central portion of the site will be an
exterior seasonal concrete plant.
Concrete delivery trucks will drive into the site,go to the weir for washing and then be taken to either the
primary or the seasonal concrete plant. After filling, the trucks will circulate from 158th Street onto CSAH
46. The LSME requires that the areas in which concrete delivery trucks would drive must be paved.
Gemstone is proposing to pave the concrete production site over a five year period. Staff finds that this
timeline is too broad and inconsistent with the intent of the LSME. The Minnesota Total Facility
Operating Permit (Air permit #03700370-001) was issued with specific acknowledgement that the site will
include some staged development and the paving of the vehicular access road with the staged
development. However, a five year paving schedule would not allow the Planning Commission to evaluate
if the paving is complete when evaluating the next IUP. Further, staff is uncomfortable about granting a
5-year time period and is recommending something less. Staff has prepared a condition that requires that
the paving of the concrete production site shall be completed by December 31, 2016; that no less than
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1/3`d of the site shall be paved each year;and that the priority of the paving done each year shall consider
the area closest to the private AUF road, the area most traveled by the concrete trucks and the area of the
wash water weir.
Seasonal Concrete Plant Design
The LSMP, regulations require that the primary concrete plant must be completed within 18 months for a
seasonal plant IUP to be issued. The primary concrete plant was reviewed and received a recommendation
for approval during the last agenda item. There is a recommended condition within this seasonal permit
that the primary concrete plant be constructed by November 20,2015.
The seasonal concrete plant is series of conveyors that feed the raw materials, a couple of silos that contain
the cement and the mixer in which the trucks drive under to be filled. The seasonal plant is approximately
10 feet wide, 85 feet long and 85 feet tall. Being located in the south central portion of the site, the
seasonal plant is screened to the south by the trees and berming and screened to the north by the building
housing the primary concrete plant.
Large Scale Mineral Extraction Ordinance and Permit
11-10-4-1 G. 3. a. Location: The plant shall be located in such a way as to minimize its visibiliy from an adjacent
residential use or a public right of way:The site for the concrete plants is 250 feet north of CSAH 46 and is
screened by existing trees and a 16 foot tall berm. Staff finds this site is adequately screened from public
views and therefore is comfortable with the location.
11-104-1 G. 3. b. Multiple Ready Mix Concrete Plants:If a faciliO is to have multiple concrete plants, each concrete plant
shall have its own separate interim use permit. One or more secondary concrete plants may be permitted if an active interim use
permit for the primary concrete plant has been approved that includes a requirement that the primary concrete plant building
be completed within eighteen (18)months of approval:The primary concrete plant is scheduled for the April 24 and
is supported by staff. Staff has included a condition within the seasonal permit that the primary concrete
plant must be constructed within 18 months of the seasonal concrete plant installation. With this
condition, staff fords that this requirement is met.
11-104-1 G. 3. c. Plant Height: The maximum height of any concrete plant shall be one hundred five feet (105):The
proposed seasonal plant will have silos that reach a maximum height of 84 feet 10 and '/a
inches tall and therefore staff fords that this requirement is achieved.
11-104-1 G. 3. d. Material Stockpiles:Stockpiles associated with these uses shall be limited to a height of sixty feet(60):
The application narrative states that the stockpile will not exceed 60 feet in height and it is a condition of
approval.
11-104-1 G. 3. e. Outdoor Storage:All equipment and raw material associated with the cement or concrete plant must be
screened from view from an adjacent residential use or public right of way:The site for the concrete plants is 250 feet
north of CSAH 46 and is screened by a 125 feet wide area of existing trees and a 16 foot tall berm. Staff
finds this site is adequately screened.
11-104-1 G. 3.f. Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00)A.M. to seven
o'clock (7:00)P.M. Monday through Saturday unless special permission is granted by the city council within the interim use
permit: Cemstone is requesting 24 hour, 7 day a week operation. The enclosed primary concrete plant will
allow concrete production 12 months a year and often transportation construction projects require night
and weekend delivery. In recognition of this demand and recognition that urban development is currently
more than a mile from this site, staff supports 24 hour, 7 day a week operation with the term of this IUP.
This condition will be evaluated when the IUP is up for future renewals. As urban development continues
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to move into the UMore property there may come a time when the City will determine that 24 hour
operations would be too disruptive to adjoining residential development.
11-104-1 G. 3.g. Haul Routes: Traffic generated by this use shall utilize haul routes approved by the city and other
agencies as required: The concrete production site will access CSAH 46 using the private AUF road (158th
Street) at either the access at Station Trail or Akron Avenue. The concrete truck may not use Biscayne
Avenue or any UMore roadway (Akron, Angus, Barbara or Blaine Avenues) to access CSAH 42. With this
specific condition within the IUP, staff finds that this requirement is achieved.
ISMS 2012-105 Condition 18: The path of any road licensed vehicles using the concrete processing, aephaltprocessing, and
vehicle maintenance facili0 shall be paved with curbingper the City Code:Gemstone is proposing to pave the
concrete production site over the five years period. Staff finds that this timeline is inadequate. The
Minnesota Total Facility Operating Permit (Air permit #03700370-001) was issued with specific
acknowledgement that the site will include staged development and the paving of the vehicular access road
with the staged development. Additionally, a five year paving schedule would not allow the Planning
Commission to evaluate if the paving is complete when evaluating the next IUP. Staff has prepared a
condition that requires that the paving of the concrete production site shall be completed by December 31,
2016; that no less than 1/3d of the site shall be paved each year; and that the priority of the paving done
each year shall consider the area closest to the private AUF road, the area most traveled by the concrete
trucks, and the area of the wash water weir. With this condition, staff fords that this requirement is
achieved.
Interim Use Permit Regulations
11-10-8 E. 1. The extent, location and intensity of the use will be substantially in compliance with the Comprehensive Plan:
The Comprehensive Plan states that concrete plants are incompatible with adjacent residential uses and
discourages interim uses within the 2020 MUSA. Within the timeframe of the recommended IUP
including the condition to modify the traffic plan if development occurs within a quarter of a mile from
the AUF, staff finds that the request is compliant with the Comprehensive Plan.
11-10-8 E. 2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets:With the
accesses to CSAH 46 via Station Trail or Akron Avenue and the recommended condition limiting the
access to CSAH 42, staff finds the access adequate.
11-10-8 E. 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or
endanger the public health, safety, and general welfare:The immediate neighbor is current agriculture or
agricultural research. Within the term of this IUP including the condition to modify the traffic plan if
development occurs within a quarter of a mile from the AUF, staff finds that the request will not be
detrimental to the public or the neighboring land uses.
11-10-8 E. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for
uses permitted in the district: In 2013, the City adopted the UMore Alternative Urban Areawide Review
(AUAR) which anticipates the development of this area over the next 40 years. Within the timeframe of
this IUP including the condition to modify the traffic plan if development occurs within a quarter of a mile
from the AUF, staff finds that the request will not impede the development or improvement of the
surrounding properties.
11-10-8 E. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located:
With the recommended conditions, staff finds that the request will conform to the applicable regulations.
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RECOMMENDATION
Staff recommends approval of the interim use permit for the operation of the seasonal ready mixed concrete
plant with the conditions within the provided Resolution. This recommendation is based on the
information submitted by the applicant, findings made in this report and the conditions detailed in the
attached memorandum.
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Cemstone Seasonal Concrete Plant
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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 4/18/2014
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-
A RESOLUTION APPROVING AN INTERIM USE PERMIT (IUP) FOR CEMSTONE
PRODUCTS COMPANY TO OPERATE A SEASONAL READY MIXED CONCRETE
PLANT
WHEREAS, the City of Rosemount received an application from Gemstone Products Company
for the approval of an Interim Use Permit (IUP) to operate a seasonal concrete plant at 1300 158th
Street, Rosemount, Minnesota; and
WHEREAS, on April 22, 2014, the Planning Commission of the City of Rosemount held a public
hearing to review the IUP application from Gemstone for the seasonal concrete plant; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the IUP for Gemstone subject to the conditions listed below; and
WHEREAS, on May 20, 2014, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendation and the IUP for Gemstone.
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP for Gemstone to operate a seasonal concrete plant at 1300 158`" Street,
Rosemount, Minnesota, subject to the following conditions:
1. The construction of the Primary Concrete Facility must be completed and receive its
Certificate of Occupancy within 18 months of the installation of the seasonal concrete
plant.
2. Compliance with the Interim Use Permit Application for the Primary Concrete Plant
dated March 24, 2014.
3. Compliance with the Large Scale Mineral Extraction Permit for Dakota Aggregates
(Resolution 2012-105).
4. The Interim Use Permit expires on December 31, 2023.
5. Concrete trucks shall access CSAH 46 either via the Station Trail access or the Akron
Avenue access only. Concrete trucks my not use Biscayne Avenue or any UMore
roadway (Akron,Angus, Barbara or Blaine Avenues) to access CSAH 42.
6. The City will require the submission and approval of a revised traffic plan for the
concrete plant if one of the follow were to occur before expiration of the 2014 IUP:
a. Property within a quarter mile (1,320 feet) of the Ancillary Use Facility (AUF) is
rezoned to an urban residential, commercial, business park or institutional use.
b. A public road is constructed, expanded or realigned within a quarter mile (1,320 feet)
of the AUF.
7. The paving of the concrete production site shall be completed by December 31, 2016.
No less than 1/3'd of the site shall be paved each year of 2014, 2015 and 2016. The
priority for paving completion each year shall consider the area closest to the private
AUF road, the area most traveled by the concrete trucks and the area of the wash water
weir.
8. Stockpiles associated with the concrete plant cannot exceed 60 feet in height.
9. Conformance with The City Engineer's Memorandum dated April 16, 2014.
RESOLUTION 2014-
ADOPTED this 20th day of May, 2014 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
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Interim Use Permit Application for a Seasonal Concrete Plant
UMore Park
City of Rosemount
March 24, 2014
Ancillary Use Facility Legal Description
That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33,all in Township
115,Range 19,Dakota County,Minnesota,described as follows:
Beginning at the southwest corner of said Southwest Quarter of Section 34;thence South 89 degrees 42
minutes 10 seconds East,assumed bearing along the south line of said Southwest Quarter of Section 34,a
distance of 2192.17 feet;thence North 04 degrees 21 minutes 18 seconds East a distance of 142.12 feet;
thence North 01 degrees 12 minutes 32 seconds West a distance of 368.88 feet;thence North 01 degrees 58
minutes 09 seconds West a distance of 266.72 feet;thence northeasterly 112.50 feet,along a tangential
curve,concave to the southeast,having a central angle of 56 degrees 02 minutes 58 seconds and a radius of
115.00 feet;thence northerly 56.43 feet,along a non-tangential curve,concave to the east,having a central
angle of 35 degrees 55 minutes 23 seconds,a radius of 90.00 feet and a chord which bears North 17 degrees
26 minutes 35 seconds West;thence North 00 degrees 31 minutes 07 seconds East,tangent to last described
curve,a distance of 206.76 feet;thence northerly 83.26 feet,along a tangential curve,concave to the west,
having a central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet;thence North 56
degrees 26 minutes 44 seconds East a distance of 45.08 feet;thence North 00 degrees 31 minutes 07
seconds East a distance of 299.38 feet;thence North 88 degrees 50 minutes 09 seconds West a distance of
537.90 feet;thence North 01 degrees 06 minutes 55 seconds East a distance of 542.56 feet to the following
described line;
Commencing at the northwest corner of said Southwest Quarter of Section 34;thence South 00 degrees I I
minutes 58 seconds West,along the west line of said Southwest Quarter of Section 34,a distance of 549.45
feet to the point of beginning of the line to be described;thence South 89 degrees 28 minutes 53 seconds
East a distance of 2646.92 feet to the east line of said Southwest Quarter of Section 34 and there
terminating.
thence North 89 degrees 28 minutes 53 seconds West,along said described line,a distance of 1701.18 feet
to said west line of the Southwest Quarter of Section 34;thence South 89 degrees 42 minutes 48 seconds
West a distance of 133.00 feet;thence North 89 degrees 25 minutes 32 seconds West a distance of 1911.08
feet;thence South 00 degrees 00 minutes 00 seconds West a distance of 6.69 feet;thence South 24 degrees
59 minutes 14 seconds East a distance of 32.37 feet;thence South 38 degrees 36 minutes 54 seconds East a
distance of 58.76 feet;thence South 24 degrees 49 minutes 30 seconds East a distance of 21.39 feet;thence
South 08 degrees 35 minutes 01 seconds East a distance of 17.27 feet;thence South 01 degrees 13 minutes
27 seconds East a distance of 55.61 feet; thence South 20 degrees 01 minutes 53 seconds East a distance of
40.77 feet;thence South 20 degrees 03 minutes 43 seconds East a distance of 111.64 feet;thence South 15
degrees 03 minutes 51 seconds East a distance of 118.93 feet;thence South 27 degrees 25 minutes 38
seconds East a distance of 247.59 feet;thence South 21 degrees 09 minutes 19 seconds East a distance of
78.57 feet;thence South 18 degrees 19 minutes 12 seconds East a distance of 190.08 feet;thence South 26
degrees 25 minutes 05 seconds East a distance of 227.06 feet;thence South 46 degrees 46 minutes 51
seconds East a distance of 98.15 feet;thence South 33 degrees 47 minutes 16 seconds East a distance of
1
171.67 feet;thence South 23 degrees 42 minutes 30 seconds East a distance of 90.20 feet;thence South 17
degrees 56 minutes 04 seconds East a distance of 178.92 feet;thence South 17 degrees 54 minutes 28
seconds East a distance of 132.38 feet;thence South 25 degrees 39 minutes 33 seconds East a distance of
126.20 feet;thence South 30 degrees 29 minutes 59 seconds East a distance of 103.92 feet;thence South 28
degrees 45 minutes 36 seconds East a distance of 250.67 feet to the south line of said Southeast Quarter of
Section 33;thence North 89 degrees 34 minutes 22 seconds East,along said south line, a distance of
1060.22 feet to the point of beginning.
EXCEPT that part lying southerly of north right of way line of County State Aid Highway No.46 per
DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.253 and DAKOTA COUNTY ROAD RIGHT
OF WAY MAP NO.254,according to the recorded plats thereof,Dakota County,Minnesota.
OVERALL GROSS AREA(Entire AUF): 171.86 ACRES
NET USABLE AREA(Entire AUF): 100.30 ACRES
NET USABLE AREA: 23.73 ACRES(Concrete Plant Area)
Land Owner:
Regents of the University of Minnesota
UMore Development LLC
1300 South 2nd Street,Suite 208
Minneapolis,MN 55454-1075
Applicant:
Cemstone Products Company
2025 Centre Pointe Boulevard, Suite 300
Mendota Heights,MN 55120
(651) 688-9292
Operator:
Cemstone Products Company
2025 Centre Pointe Boulevard, Suite 300
Mendota Heights, MN 55120
(651)688-9292
2
Seasonal Concrete Plant:
A portable seasonal ready-mix concrete plant will be located in the Ancillary Use Facility. Production in
this area requires a plant capable of storing and mixing the ingredients for various mix designs.The ready-
mix plant site within the AUF will have storage silos for the cement materials and storage tanks for the
liquid additives. The seasonal plant within the Ancillary Use Facility will act as the main plant on the site
until construction of the primary enclosed plant can be completed. Once the primary plant is operational,
the seasonal plant will remain on site as an auxiliary plant. A separate FUP will be submitted to the city for
the enclosed plant. The set-up of the seasonal plant is anticipated to be in the spring of 2014,and will be
operational then.
The seasonal ready-mix concrete plant will be located in the south central portion of the AUF. The plant
will not be located near any residential property; however, it will be located just north of CSAH 46. The
plant and all stock piles will be screened from view from public right of way by berms and existing mature
trees on the north side of CSAH 46. The nearest EIS boundary is located 905'to the cast of the ready-mix
concrete facility area, which means the facility will meet the setback requirements of the Rosemount
ordinance. The AUF is surrounded on all sides by land owned by the Regents of the University of
Minnesota,who also own the AUF.
The height of the seasonal plant will be 85'tall to the top of the silos. The plant will not be enclosed.
Photos of the seasonal plant that will be moved onto the site are included with this application.
The entrance to the concrete plant area and the area around the primary plant will be paved with concrete.
Cemstone is proposing a 5 year paving plan to complete this. The attached site plan lays out the proposed
phasing of the site paving.
In order to supply the both the primary and seasonal plants with water, a well will be drilled on-site. This
well will provide water not only for the batching of concrete and washing of the trucks,but also potable
water for the employees. A portable toilet will be provided for the seasonal concrete plant,and will be
provided by On-Site Sanitation.
Wash water from the washing of the ready-mix truck drums will need to be handled on-site. Ultimately,a
weir system will be installed to handle this water. The weir will allow sediment from the wash water to
settle out as the water travels from bay to bay. The water can then be recycled and used to wash truck
drums or in the hatching of fresh concrete. The weir is anticipated to be completed by the end of 2015.
Until the weir can be constructed,the trucks will utilize a washout pond. This will be a lined pond,and will
be constructed in accordance with the already issued MPCA NPDES permit(permit no.MNG 490289).
The material stockpiles will be primarily located along the perimeters of the concrete production facility.
The stockpiles will vary in height,but will not exceed 60' in height at any point. A majority of the
stockpiles will be stored in concrete bin blocks to prevent erosion of the piles. The stockpiles may include,
but are not limited to concrete sand,mason sand,coarse sand,3/8"gravel, '/"gravel,' "gravel, 1-1/2"
crushed gravel, 1-1/2"round gravel,and%"granite. The stockpiles and associated equipment will be
screened from view from public right of way by berms and existing mature trees on the north side of CSAH
46.
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The proposed hours of operation for the concrete plant are 24 hours per day 7 days a week. Hauling
activities associated with the ready-mixed concrete facility will only occur at the AUF access locations with
direct access onto CSAH 46. The trucks will exit out onto 158'h Street West,and then to either Akron Ave.
or Station Trail. From Akron or Station Trail,the trucks will turn onto CSAH 46. Any Lighting that is
required for nighttime operations will be shielded to prevent lights from being directed at traffic on public
roadways, and in order to not disturb any traffic or surrounding properties,the level of lighting will not
exceed 1 lumen at the EIS boundary. Noise levels will comply with the regulations established by the
MPCA.
The seasonal concrete plant is covered under the already issued Minnesota Total Facility Operating Permit
(Air Permit#03700370-001). This permit places limits on production throughput of the plant,as well as
lays out maintenance requirements for control equipment.
The seasonal concrete plant is covered under the already issued Minnesota NPDES permit number
MNG490289,covering stornwater discharges and the on-site handling of process water. All stormwater
and spill procedures can be found in the previously submitted Dakota Aggregates Storm Water Pollution
Prevention Plan(SWPPP)and Spill Prevention,Control and Countermeasures(SPCC)plan. These plans
encompass the entire site, including the seasonal and primary concrete plants. The Hydrogeologic Study&
Water Monitoring Plan and the Environmental Contingency Plan which encompass the entire large scale
mineral extraction operation have previously been submitted.
4
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012-105
A RESOLUTION APPROVING THE INTERIM USE PERMIT TO DAKOTA
AGGREGATES FOR LARGE SCALE MINERAL EXTRACTION
WHEREAS,the City of Rosemount received an application from Dakota Aggregates LLC for an
Interim Use Permit(IUP) to allow sand and gravel mining, miring accessory uses,and the potential
to apply for separate interim use permits for ancillary uses concerning property legally described as:
That part South Half of Section 28,Township 115,Range 19,Dakota County,Minnesota,
lying westerly of the following described line;
Commencing at the northeast corner of the Southeast Quarter of said Section 28;thence
South 89 degrees 48 minutes 43 seconds West, assumed bearing along the north line of said
Southeast Quarter, a distance of 1058.90 feet to the point of beginning of the line to be
described; thence South 18 degrees 23 minutes 48 seconds West a distance 1211.64 feet;
thence South 07 degrees 11 minutes 26 seconds East a distance of 1472.46 feet; thence
South 75 degrees 07 minutes 52 seconds East a distance of 126.03 feet to the south line of
said Southeast Quarter and there terminating.
EXCEPT the plat of UNIVERSITY ADDITION, said Dakota County.
AND
Section 33,Township 115, Range 19,Dakota County,Minnesota;EXCEPT the East 133.00
feet of the North 549.43 feet of the Southeast Quarter of said Section 33; EXCEPT the East
133.00 feet of the South 930.25 feet of the Northeast Quarter of said Section 33;also
EXCEPT that part of said Northeast Quarter described as follows:
Beginning at the northeast corner of said Northeast Quarter;thence South 00 degrees 11
minutes 58 seconds West, assumed bearing along the East line of said Northwest Quarter, a
distance of 800.63 feet; thence North 81 degrees 23 minutes 25 seconds West a distance of
40.76 feet;thence North 38 degrees 17 minutes 54 seconds West a distance of 819.06 feet;
thence North 75 degrees 07 minutes 52 seconds West a distance of 580.25 feet to the north
line of said Northwest Quarter; thence North 89 degrees 51 seconds 14 seconds East,along
said north line, a distance of 1111.53 feet to the point of beginning.
AND
That part of the Northwest Quarter of Section 34,Township 115, Range 19,Dakota County,
Minnesota,described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 00 degrees
11 minutes 58 seconds West, assumed bearing along the west line of said Northwest
Quarter, a distance of 800.63 feet to the point of beginning of the land to be described;
thence continuing South 00 degrees 11 minutes 58 seconds West, along said west line, a
distance of 912.75 feet; thence North 89 degrees 51 minutes 14 seconds East a distance of
RESOLUTION 2012-105
647.18 feet; thence North 00 degrees 11 minutes 58 seconds East a distance of 813.16 feet;
II thence North 81 degrees 23 minutes 25 seconds West a distance of 654.21 feet to the point
of beginning.
AND
That part of the Southwest Quarter of Section 34,Township 115, Range 19,Dakota County,
Minnesota,lying southerly of the following described line:
Commencing at the northwest corner of said Southwest Quarter;thence South 00 degrees
11 minutes 58 seconds West, assumed bearing along the west line of said Southwest Quarter,
a distance of 549.45 feet to the point of beginning of the line to be described; thence South
89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said
Southwest Quarter and there terminating
And lying westerly, northwesterly and northerly of the following described line:
Commencing at the southwest corner of said Southwest Quarter;thence South 89 degrees
42 minutes 10 seconds East,along the south line of said Southwest Quarter,a distance of
2192.17 feet to the point of beginning of the line to be described; thence North 04 degrees
21 seconds 18 seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes
32 seconds West a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds
West a distance of 266.72 feet;thence northeasterly 194.60 feet, along tangential curve,
I concave to the southeast,having a central angle of 96 degrees 57 minutes 13 seconds and a
radius of 115.00 feet; thence South 85 degrees 00 minutes 56 seconds East, tangent to last
described curve, a distance of 157.25 feet; thence easterly 99.70 feet, along a tangential curve,
concave to the north,having a central angle of 09 degrees 25 minutes 45 seconds and a
radius of 605.84 feet; thence northeasterly 100.73 feet, along a reverse curve, concave to the
northwest,having a central angle of 56 degrees 01 minutes 50 seconds and a radius of 103.00
feet to the west line of said Southwest Quarter and said line there terminating.
WHEREAS, on August 28,2012, and September 25,2012, the Planning Commission of the City
of Rosemount held a public hearing to review the IUP request from Dakota Aggregate; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the interim use permit to allow sand and gravel ruining, mining accessory uses, and the
potential to apply for separate interim use permits for ancillary uses; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the Interim Use Permit subject to conditions;and
WHEREAS, on December 18, 2012, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendations;and
2
RESOLUTION 2012-105
WHEREAS, on December 18,2012, the City Council of the City of Rosemount approved the
interim use permit allowing allow sand and gravel mining, mining accessory uses,and the potential
to apply for separate interim use permits for ancillary uses; and
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP for Dakota Aggregates LLC to allow sand and gravel mining, mining accessory
uses, and the potential to apply for separate interim use permits for ancillary uses,subject to the
following conditions:
1. The University of Minnesota shall grant to the City,its agents, employees, officers and
contractors and to any surety of Dakota Aggregates LLC performing Dakota Aggregate
LLC's obligations and the agents,employees,officers and contractors of the surety an
irrevocable license,in a form approved by the City Attorney, to enter the Property to
perform all work and inspections deemed appropriate by the City to enforce conditions
imposed on the University to the extent the University engages in mineral extraction,or
Dakota Aggregates,LLC in connection with permitting of mining operations on the
Property,including work that the City elects to perform or requires the surety to perform as
a result of the perrnitee's default. This license shall continue in effect until all mining
operations on the Property are complete and all conditions imposed by the City have been
complied with.
2. The design of the monitoring wells shall be reviewed and approved by the City's consulting
hydrogeologist before the monitoring wells can be installed. Dakota Aggregates will provide
the boring log in the location of the monitoring well and proposed well construction
including screening interval and sampling method to assist the review. The City may revise
the proposed well construction based on field observation during the well boring. The City
may require a nested monitoring well if an adequate screening interval and sampling method
cannot be provided through a single well. The City may require changes to the monitoring
well sampling if future City well pumping result in changes to the groundwater flow pattern.
3. Mining within any phase that would expose the groundwater will not be permitted before
additional borings are conducted in the deepest areas of the proposed lake to confirm that a
minimum of fifteen (15) feet of separation between the mining and the bedrock. Mining can
occur within two (2) feet of the groundwater prior to testing occurring.
4. Protection equipment that is installed on hauling trucks, such as covers for the truck beds,
shall be used while traveling on public roads. Non-use will be considered a violation of the
permit condition.
5. Trucks may not be loaded heavier that the public haul roads posted weight restrictions.
6. Mining in Dry Mining Phases 1 through 7 may not occur beyond 2028. Reclamation of Dry
Mining Phases 1 through 7 must be completed by December 31, 2028,including grading in
accordance with the end use plan as depicted on plan sheet 4.01 prepared by James R. Hill,
Inc. dated 6/26/12,Project No. 22632,unless some other grading plan is approved by the
City.
7. An Interim Use Permit for the casting yard shall not be allowed beyond December 31, 2022.
8. Execution of,and continuing compliance with the terms of,a Letter Agreement with the
University of Minnesota that includes a 25% contribution up to $100,000 (based on current
estimated cost) to the stoplight installation at Biscayne Avenue and County Road 42 and a
50% contribution up to$1.2 million (based upon current estimated cost) to the
improvement of Biscayne Avenue from Boulder Trail to County Road 46. Execution of a
3
RESOLUTION 2012-105
Public Improvement Agreement with Dakota Aggregates that includes a 25%contribution
to the stoplight installation at Biscayne Avenue and County Road 42 if Dakota Aggregates
uses the Boulder Trail access.
9. Revise Sheet 1.07 to display access N1 at the intersection of Biscayne Avenue and Boulder
Trail.
10. A City grading permit is required prior to construction of the haul route from Northern Dry
Mining area to Akron Avenue.
11. Access permits are required for any access route connection to a public roadway from the
jurisdictional agency in control of the public roadway.
12. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and
approved by the City Engineer before the reclamation can occur.
13. Bernvng and landscaping consistent with ordinance criteria is be required on the east
boundary of Dry Mining Sub-Phases 10B, I IA,and 11B;and required on the north
boundary of Dry Mining Sub-Phase 11B.
14. The End Use Grading Plans for Dry Mining Sub-Phases 5B and 6B shall be submitted and
approved before the Annual Operating Permit would be issued for those sub-phases.
15. No Annual Operating Permit for Dry Phases 8, 9, 10 and 11 shall be issued until an End Use
Grading Plan for Dry Mining Phases 8, 9, 10 and 11 is reviewed and approved by the City
Council.
I 16. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the
entrance of each access route. The gate shall be closed and locked when the mining or
ancillary uses are not in operation. A knox box or similar devise shall be installed to provide
I emergency personal access to the key for the lock.
17. Provide an End Use Grading Plan for the Ancillary Use Facility (AUF) area.
18. The path of any road licensed vehicles using the concrete processing, asphalt processing,and
vehicle maintenance facility shall be paved with curbing per the City Code.
19. Conformance with the City Engineer's Memorandum dated September 20,2012.
20. The University of Minnesota (or designated entity) shall obtain approval and/or concurrence
from the MPCA regarding completion of appropriate investigations and/or actions taken in
response to identified releases of hazardous substances,pollutants or contaminates as
defined under Minn. Statute 115B,and as deemed reasonable and necessary by the MPCA.
21. Within the Environmental Contingency Plan, add Dakota County Environmental
Management to the initial notification list (including the University, the environmental
consultant,and the City) if potentially hazardous/unsafe conditions are discovered.
22. Within the Environmental Contingency Plan, add beryllium, cyanide, and thallium to the
chemicals tested for in the groundwater monitoring samples.
23. A wetland conservation act permit and wetland mitigation plan must be approved before an
annual operating permit can be issued for any phase with a wetland.
24. 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
Dakota Aggregates.
25. Dakota Aggregates shall abandon and remove the obsolete Metropolitan County sanitary
sewer line before an Annual Operating Permit can be issued within any mining phase
' containing that old sewer line.
4
RESOLUTION 2012-105
26. All costs of processing the permit,including but not limited to planning fees,engineering
fees and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit.
Dakota Aggregates 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. Dakota Aggregates agrees to reimburse the City for any other
costs incurred as a result of the granting or enforcing of the permit.
27. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may
result from the granting of the permit. Dakota Aggregates 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.
28. Complete mining and interim reclamation per each designated sub-phase is required before
any additional mining beyond the initial 80 acres in any one area is authorized. Additional
mining Sub-Phases will be allowed equal to the Sub-Phase reclaimed. Modifications or
expansion of the mining areas must be approved in writing to the City.
29. No mining activity will occur within fifteen (15) vertical feet of bedrock.
30. Dakota Aggregates shall incorporate best management practices for controlling dust,
erosion, noise and storm water runoff as specified by the Minnesota Pollution Control
Agency and the United States Environmental Protection Agency.
31. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable
Federal, Minnesota,Dakota County, and Rosemount regulations. Soil materials in the
Property will be managed in accordance with the Minnesota Pollution Control Agency's Best
Management Practices(BMPS)for the Off-Site Reuse of Unregulated Fill.
32. Dakota Aggregates may not assign this permit without written approval of the City. Dakota
Aggregates will be responsible for all requirements of this permit and all City ordinances on
the licensed premises for the permit period unless Dakota Aggregates gives sixty(60) days
prior written notice to the City of termination and surrenders permit to the City. Dakota
Aggregates 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.
33. Dakota Aggregates shall comply with all the mitigative measures identified in the previously
completed Mining EIS and the current mining application associated with issues such as
noise, dust, traffic, screening,berming and landscaping except where the conditions of
approval modify the proposed measures. Any action not expressly requested and permitted
by this approval is not allowed by the applicant. Failure to comply with all application
commitments is a violation of the permit and is subject to enforcement actions per the City
Code.
34. Submit a Quality Assurance Project Plan that has been approved by the Minnesota Pollution
Control Agency in accordance with ANSI/ASQC E4-1994.
35. The City of Rosemount shall have the ability to collect independent soil and water samples.
36. Dakota Aggregates shall provide the City of Rosemount notification of well sampling two
weeks in advance of the testing.
37. Dakota Aggregates 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.
5
RESOLUTION 2012-105
ADOPTED this 18th day of December,2012 by the Ci Council of the ity o R semount.
esc i t-eL;E
William H. Droste, Mayor �"
AT I' :1 I i( 0/E
Amy Domeier,City Clerk
I
6
4 ROSEMOUNT
PUBLIC WORKS
MEMORANDUM
DATE: April 16, 2014
TO: Eric Zweber, Senior Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, Director of Public Works/City Engineer
Dan Schultz, Parks and Recreation Director
Christine Watson, Public Works Coordinator
Kathie Hanson, Planning Department Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Cemstone Concrete Plant Engineering Review
SUBMITTAL:
Prepared by Carlson McCain, the Gemstone Concrete plans are dated March 24, 2014 and were
submitted March 25, 2014. Engineering review comments were generated from the following
documents included in the submittal:
• Construction Plans (2 pages)
• Building Plans: Seasonal Concrete Plant (2 pages)
• Building Plans: Primary Concrete Plant (2 pages)
SITE PLAN COMMENTS:
1. All work shall be in accordance with the Minnesota Total Facility Operating Permit (Air
Permit#03700370-001) and the NPDES Permit #MNG490289. The applicant should
submit the permit issuance of coverage letters from the MPCA prior to city approval.
2. The proposed well location should be shown on the plans. The applicant is required to
obtain all necessary permits for the proposed well.
3. The plan states that weir system installed to recycle concrete will be complete near the end
of 2015 and that a washout pond will be constructed in the interim. The plan should detail
the proposed size, location, liner material, and outfall location for the proposed temporary
washout pond.
4. The plan should include additional information on how truck tracking will be addressed until
the entire site is paved.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
EXCERPT OF DRAFT MINUTES
PLANNING COMIMISSION MEETING
APRIL 22, 2014
e. Request by Cemstone Products for an Interim Use Permit to Operate a Seasonal Concrete
Facility(14-27-IUP). Similar to the previous item, Senior Planner Zweber reviewed the staff report on
the seasonal concrete facility requested by Gemstone Products.
Commissioner Kenninger asked why a 10 year permit was requested for the seasonal plant when it probably has
less expense than the primary. blr. Zweber stated that if changes needed to be made to the conditions in the
event development in the area occurs, the changes would affect both the primary and the seasonal operations.
The public hearing was opened at 8:41pm.
There were no public comments.
MOTION by Miller to close the Public Hearing.
Second by Kenninger.
Ayes: 4. Nays: None. Motion approved. The Public Hearing was closed at 8:42pm.
MOTION by Kenninger to Recommend that the City Council Approve an Interim Use Permit (IUP) for
Gemstone Products Company to Operate a Seasonal Ready Mixed Concrete Plant with the following
conditions:
1. The construction of the Primary Concrete Facility must be completed and receive its Certificate of
Occupancy within 18 months of the installation of the seasonal concrete plant.
2. Compliance with the Interim Use Permit Application for the Seasonal Concrete Plant dated March,
24,2014.
3. Compliance with the Large Scale Mineral Extraction Permit for Dakota Aggregates (Resolution 2012-
105).
4. The term of this Interim Use Permit expires on December 31,2018.
5. Concrete trucks shall access CSAH 46 either via the Station Trail access or the Akron Avenue access
only. Concrete trucks my not use Biscayne Avenue or any UMore roadway(Akron,Angus,Barbara or Blaine
Avenues) to access CSAH 42.
6. The paving of the concrete production site shall be completed by December 31,2016. No less than
1/3rd of the site shall be paved each year of 2014,2015 and 2016. The priority of the paving done each year
shall consider the area closest to the private AUF road, the area most traveled by the concrete trucks and the
area of the wash water weir.
7. Stockpiles associated with the concrete plant cannot exceed 60 feet in height.
8. Conformance with The City Engineer's Memorandum dated April 16, 2014.
Second by Husain.
Ayes: 4. Nays: None. Motion approved.