HomeMy WebLinkAbout6.n. Case 14-50-IUP Request by Hardrives for an Interim Use Permit to Operate a Seasonal Asphalt Plant �CROSEMOLIl�1T EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: November 18, 2014
AGENDA ITEM: Case 14-50-IUP Request by Hardrives for an AGENDA SECTION:
Interim Use Permit to Operate a Seasonal Consent
Asphalt Plant
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO.
b .n.
ATTACHMENTS: Resolution; Location Map; Application APPROVED BY:
Narrative; Site Plan; Grading & Erosion Control
Plan; Plant Layout; Unified Drum; Baghouse;
Storage System Layout; General Tank
Arrangement (Sheets 1 through 3); 70 foot
Diameter Tank Plan; Tank Containment Plan;
Resolution 2012-105; MnPCA Air Emission
Permit Approval Letter; Fire Marshal's
Memorandum dated October 22, 2014; Letter
from Julie Taylor; Letter from Robert and Ruth
Pryor; Excerpt of the Draft October 28
Plannin Commission Meetin .
RECOMMENDED ACTION: Motion to Adopt a Resolution Approving an Interim Use
Permit (IUP) for Hardrives to Operate a Seasonal Asphalt Plant.
ISSUE
Dakota Aggregates (a partnership of Ames Construction and Cemstone) received a Large Scale Mineral
Extraction (I.SME) permit on December 18, 2012. The LSME included an r,ncillary Use Facility (AUF�
which is essenrially an industrial park of businesses that use significant amounts of aggregate in their
production. The approved ancillary uses included 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 Zoning Ordinance requires that each of the AUF businesses apply for and
receive their own Interim Use Permit (IUP). Tonight, Hardrives is requesting an IUP use permit for a
seasonal asphalt plant within the r�UF.
OCTOBER 28 PLANNING COMMISSION MEETING
The Planning Commission revie�ved the Hardrives request on October 28. No residcnts spoke during the
Public Hearing.
Chair Miller asked if there were any resident complaints regarding dust or noise. Staff responded that the
City received no complaints and that the Cit��uses MPCA standards for noise and dust. Chair MilleY
encouraged staff and the City council to review current ordinances on noise and light. Con�n�issioner
VanderWiel inquired why the large asphalt tank has a different containment than the smaller tanks. The
Hardrives representative responded that the smaller tanks have a common containment system of 1 and a
half times of any tank and that the large tank is separate in its own containment and sits 6 feet below the
ground. Commissioner Kenninger inquired why the IUP didn't have an annual review. Staff responded
that the surrounding properties are not expected to change in the next 10 years. Coininissioners Forster
asked if the impervious surface was considered and Coinmission KuYle asked how the air pollution was
considered. Staff responded that both unpervious surface and air emissions were known and considered
in 2012 when the overall ancillary use facility design was approved. There weYe no changes to the
recommended conditions as a result of the Planning Coinmission discussion.
The Planning Cominission recommended approval of Interun Use Permit for Hardrives on a 5-0 vote.
Letter from Residents
The City of Rosemount received a letter from Julie Taylor (14425 Atwater Way) objecting to the project
and the expansion to the 24 hour operarion. Her letter expresses concerns about wildlife habitat, air and
noise pollution. She insists that environmental due diligence is conducted before the requests are
approved.
The City of Rosemount also received a letter from Robert and Ruth Pryor (14755 Bloomfield Circle)
objecting to the project and the expansion to the 24 hour operation. Their letter expresses concerns about
the smells and to�ns released into the air and the proxitnity to residents.
These environmental studies have been conducted and have been approved. In November 2010, the
University of Minnesota Board of Regents approved the Envitonmental Impact Statement (EIS) of the
aggregate mining operation that included the revie�v of air, noise and wildlife concerns. Following that
approval, the City approved mining and ancillary use plans in December 2012 that includes requirements
that no more than 160 acres be mined at any one time. Exhausted inining areas will need to be reclaimed
to and agricultural condition before an addition mining areas can be approved. This reclamation area will
preserve the e�sting habitat. Additionally, Dakota Aggregates has a Minnesota Total Facility Operating
Permit (rlir Permit #03700370-001) to address an air pollurion issues.
SUMMARY
Applicant: Hardrives
Owner: Regents of the University of Minnesota
Location: Northwest corner of CSAH 46 and Akron Avenue
Net Acres: 17.35 Acres
Comprehensive Plan Designation: AGR—r�gricultural Research
CuYrent Zoning: AG—Agriculture
Legal Authotity
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 interun 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 interun use
permit regulations with recommended conditions. The detailed analysis of this finding is provided below.
Site Layout
The 17.35 acre site is located within the designated ancillary use facility and is appro�cirnately 250 feet north
of CSAH 46, directly west of r�kron Avenue and direcdy south of the private AUF access drive (158`h
Street). Within the 250 foot separation between the asphalt plant and CSAH 46, there is an area of
e�sting trees 125 feet wide and a berm that is 16 feet in height. The plant site is located at the north�vest
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corner of CSAH 46 and Akron Avenue. The site has two accesses to 158`h Street with the western access
being used by the concrete delivery trucks.
The site is divided into three general areas. On the western third of the site is the asphalt plant, associated
asphalt oil tanks, truck access and employee parking. The asphalt plant is located about 550 feet north of
CSAH 46 and the asphalt oil tanks are located about 400 feet north of CSAH 46. The northeast portion
of the site is the raw aggregate storage that is brought to the site from Dakota Aggregates' aggregate
processing facility located about '/z mile to the west. The southwest portion of site is recycled asphalt
product (RAP) storage and portable crusher that will grind the used asphalt brought from Hardrives
construction projects. The RAP crusher is located about 400 feet north of CSAH 46.
The asphalt trucks will leave CSAH 46 at Akron Avenue; head north to 158`h Street, turn left on 158`"
Street and then turn left into the paved plant area. The trucks head south turn 180 degrees and drive
under the storage silos to be loaded with asphalt. The plant will first install three storage silos that will
supply one lane of trucks. The proposed plan and recommended approval includes two sets of three
storage silos that would allow Hardrives to fill two lanes of trucks at one time. The second set of silos will
be installed when the market demands that level of asphalt production. Once loaded, the trucks leave the
through 158`h Street and Akron Avenue to CSAH 46.
The asphalt plant is made up of multiple pieces of equipment that heat and combine all the materials
needed to make various types of asphalt. The equipment starts with 12 cold feed material bins in which
front end loaders load the various bins with various size of aggregate. A conveyor carries the cold material
into a rotating heated drum that miYes the aggregate with Rr1P and asphalt oil to create the various asphalt
recipes. The rnixed asphalts are conveyed to the three storage silos to be loaded into trucks. The exhaust
from the plant is feed into a baghouse to remove pollutants. The fines (removed pollutants) from the
baghouse are feed into drum for future asphalt m�es.
Ten (10) asphalt oil and polymer tanks are installed on the south side of the plant to feed the rotating
drum. There is one (1) large (70 foot diameter by 40 feet tall) 29,000 Uarrel asphalt tank that is intended to
store an entire season�vorth of asphalt which can be bought in the winter for a reduced price. There are
seven (7) 30,000 gallon tanks located just north of the large tank. Three (3) of the tanks store polymers
that are used in the various mixes and the other four (4) tanks are used to heat the raw asphalt before it is
mixed. The fmal two (2) tanks are 20,000 gallon miYing tanks. The large tank has a 6 foot 3 inch
containment berm around it in case there�vas a leak. The other nine (9) tanks have concrete floors and a 3
foot 6 inch concrete containment wall around them to contain any leaks. The Fire Marshal has review and
approved these containment designs. The detailed Fire Marshal's 1�lemorandum is attached to this
Executive Summary.
The asphalt plant is described as seasonal because asphalt is only installed during the summer and fall in
Minnesota. The application narrative describes the typical season as l�1ay 1 through December 15 each
year. While the plant is described as seasonal, Hardrives expects to install the plant and leave it in place for
40 years,�vhich the same tune period that Cemstone expects to use its concrete plant and the same time
period as the Dakota Aggregates' Large Scale Mineral extraction peYiod approval. Staff is proposing a 10
year interim use permit for Hardrives, the same as Cemstone has received for the concrete plant. Staff
does not support an IUP for any longex period because staff expects that the operational conditions of
approval may need to change as development occurs around the asphalt plant.
The asphalt plant is a part of the Dakota r�ggregates' Minnesota Total Facility Operating Pernzit (r�ir
permit #03700370-001) and NPDES storm�vater permit. Stormwater from the site flows north to the
ditch on the south side of 158`" Street, then north through a culvert under 158`'' Street to a stormwater and
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infiltration pond. This pond was designed and construction to handle all of the stormwater from the
entire AUF,including the asphalt plant.
Large Scale Mineral Extraction Ordinance and Permit
�1-10-4-1 G. 3. a. L.ocation: The a.rphalt plant and all eguipment a�.rociated aa�ith it.rhall be located a minimum of.rix
hirndred.rixty feet(660)from any nonagricultural tioned land.• The nearest nonagricultural zoned land is the
UMore Ballfields located more than 4,000 feet north. Currently, this standard is met, but development is
expected to move closer to the asphalt plant as UMore develops. For this reason, staff does not support
an IUP longer than 10 years in length.
11-�0-4-� G. 3. b. Setback And Buffering.• The plant and all equipment and material.r a.r.rociated zvith it.rhall be.ret back
a minimu�n of.reventy five feet(75�from any EIS boundary line and.rcreened by natural feature.r including berming or
vegetation. Year round one hundred percent(100%) opague screening ivith earthen berm.r and land.rcaping.rhall be required
from groarnd level to the first thirty percent(30%)of the overall height and fifty percent(SO%) opague to fifty percent(50%)
of the overall height of the plant a.r viezved from eye level from.rurrounding right.r of zvay or roadzvay�-: The plant is located
at least 300 feet from Akron Avenue and 400 feet from CSAH 46 (the EIS boundary). There is a 100 foot
wide stand of mature trees direcdy north of CSAH 46 follo�ved by a 16 foot tall berm. Long the west side
of Akron Avenue, there is a ten foot tall grassy berm. Staff fmds that these setbacks and screening meet
the Ciry standards.
11-10-4-1 G. 3. c. Haul Route.r: Tra�cgenerated by thi��ar.re��hall rrtilitie haul route.r approved 6y the czty and other
agencie.r a.r required. The plant ozvner.rhall be re.rponsible for road improvements and ea.rement.r needed for ingres.r and egre.r.r
.rubject to approval by the city. The haial route.r may reqiaire Dakota County bighivay department or the Minne.rota
department of tran.r�ortation approval a.r zvell.• The main access to the asphalt plant is CSAH 46 via Akron
Avenue. Dakota County has approved the improved Akron r�venue access onto CSAH 46. From CSAH
46, the asphalt trucks can access various County, State, and U.S. highways to reach the neighborhood of
the construction project requiring the asphalt. Staff fmds that this standard has been met.
19-10-4-� G. 3. d.Acce.r.r: Trafficgenerated by thi.r u.re.rhall enter onto�-treet.r con.ri.rtent svith city acce.r.r and de.rign
.rtandarde�. The oavner of these u.ree�.rhall be re.rpon.rible for all co.rt.r a.r.rociated zvith road improvement.r required to.rerve the
u.re: The trucking to and from the asphalt plant site will access CSAH 46 using the private AUF road (158`''
Street) at either of the accesses at Station Trail or Akron r�venue. rlsphalt trucks 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.
11-10-4-1 G. 3. e. Material Stoc•kpile.r:Stockpile��as��ociated zvith these zue.r��hall be limited to a height of.rixty feet(60):
Material stockpiles are identified in the application narrative to be no more than sixty feet (60') in height.
This is a specific recommended condition of approval. Staff finds that with this condition, this standard
has been met.
11-10-4-1 G. 3.f. Outdoor Storage: There shall be no outdoor.rtorage of fini.rhed material or produc•t.r.�ll equipment and
razv material a.r.rociated avith the a.rphalt plant mir�t/�e screened from inezv fronr an adjacent re.ridential ar.re orpublic right of
�aray in conformance avitb section I I-2-�, "Oartdoor Storage", of thi.r title: The plant, tanks, stockpiles, and equipment
are described in detail in the sections above. t�ll these elements are integral to the operation of the asphalt
plant. The scYeening and setbacks are described in City Code Section �1-10-4-� G. 3. B. above. With that
screening and setbacks, staff finds that this standard has been met.
19-�0-4-1 G. 3.g.Air Emi.r.rion.r:A.rpha�t operation.r shall comply zvith Minne.rota rcrle.r,part 7011 for testin� monitoring
and operational reguirement.r: The asphalt plant is a part of the Dakota AggYegates' Minnesota Total Facility
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Operating Permit (Air permit #03700370-001). As long as this permit is active, staff fmds that this
standard is met.
11-10-4-1 G. 3. h. I�a.rte Byproduct�° Thi.r u��e.rhall operate.ro a.r not to di.rcharge onto the.roil.r zvithin the EIS boundary,
acro.r.r the boundarie.r of the EIS boarndary line or througb perc•olation into the.rar6.roil ivithin the EIS boundary or beyorzd the
EIS boundary line where,ruch u.re i.r located, toxic or noxiou.r matter in.ruch concentration.r as to be detrimental to or
endanger the public health, .rafety, comfort or ivelfare;or, cau.re injury or damage to property or 6u.rine.r�:Trucks travel and
are filled on a paved surface. The asphalt tanks will be installed with appropriate containment structures.
These measures will control any asphalt spills. Staff finds that that this standard is met.
11-10-4-1 G. 3. i. Odor.r: Thi.r u.re.rhall operate.ro a.r to prevent the emi.r.rion of odorou.r matter of.ruch quality a.r to be
detecta6le beyond EIS 6oarndary line:The exhaust from the asphalt plant is run through a baghouse that will
treat the air emissions. Staff finds that this standard is met.
11-10-4-� G. 3.j. Surety Bond.• Thi.r ar.re.rhall conlply svith the applicable operating, .rpeczal requirement.r and bonding for
re.rtoration��tandard.r for mineral extraction.rpeczfied in.ru6.rection K7 of thi.r.rec•tion:The proposed grading for the
asphalt plan matches the reclamation grades of the site. The equipment and tanks (except the large
seventy foot (70') diameter tank) of the asphalt plant are able to be mounted on to a truck and moved after
the asphalt plant stops operating. Staff has recommended a condition requiring a letter of credit in the
amount of 110% the cost of removing the seventy foot (70') diameter tank.
�1-10-4-1 G. 3. k. Hoarr.r Of Operation: Tbe hozrr.r of operation.rhall be limited to.reven o'clock (7:00)A.M. to.reven
o'clock (7:00)P.M. Monday throirgh Satiarday arnle.r.r e�ecial permi��.rion i.rgranted by the city council avithin the interim u.re
permit. The extra hour.r of operation may be conditioned on more re.rtrictive performance.rtandard.r to addre.r.r the adverre
impact.r cau.red 6y the extra hour�: Hardrives is requesting 24 hour, 7 day a week operation. Often,
transportation construction projects require night and weekend delivery. In recognition of this demand
and Yecognition that urban development is currendy more than a mile from this site, staff supports 24
hour, 7 day a�veek operation�vith the term of this IUP. This condition�vill be evaluated�vhen the IUP is
up for future rene�vals. As urban development continues to move into the UMore property there may
come a time when the City will determinc that 24 hour operations`vould be too disruptive to adjoining
residential development.
LSME 2012-105 Condition 18: The path of any road licen.red vehicle.r u.ring the concrete proce.r.ring, ae�halt proce.r.ring, and
vehicle maintenance facility.rhall be paved zvith curl�ing per the City Code:r�kron Avenue and 158`h Street have been
constructed by Dakota Aggregates�vith a concrete pavement. Hardrives proposes to pave an asphalt
parking lot and drive lanes for the over the road asphalt trucks. Staff finds that this standard is met.
Interim Use Permit Regulations
11-10-8 E. 1. The extent, location and intensity of the u.re avill be.rub.rtantially in compliance aa�ith the Comprehen.rive 1'lan:
The Comprehensive Plan states that asphalt plants are incompatible�vith adjacent residential uses and
discourages interun uses within the 2020 MUSr,. Within the timefYame of this recommended IUP, staff
finds that the request is compliant with the Comprehensive Plan.
11-�0-8 E. 2. The u.re ivillprovide adequate ingre.r�-and egre.r.r to minimitie tra�c conge��tion in thepublic�-treet�: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 u.re avill not 6e detrinlental to the exi.rting cbaracter of the development in the immediate neighborhood or
endanger the pu6lic health, .rafety, and general zvelfare:The immediate neighborhood land uses are currently
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agriculture or agricultural reseaYCh. Within the term of this IUP, staff finds that the request will not be
detrimental to the public or the neighboring land uses.
11-�0-8 E. 4. The ir.re zvill not impede the normal and orderly development and improvement of the.rurroarnding property for
u.re.r permitted in the di.rtrict: 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 timefxame of
this IUP, staff finds that the request will not impede the development oY improvement of the surrounding
properties.
11-10-8 E. 5. The u.re.rhall, in all other re.rpects, conform to the applicable regulation.r of the di.rtrict in avhicb it i.r located.•
With the recommended conditions, staff finds that the request will conform to the applicable regulations.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the interun use permit for the operation of the
seasonal asphalt plant with the conditions within the recommended action. 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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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-
A RESOLUTION APPROVING AN INTERIM USE PERMIT (IUP) FOR HARDRIVES
TO OPERATE A SEASONAL ASPHALT PLANT
WHEREAS, the City of Rosemount received an application from HaYdYives for the approval of an
Interim Use Permit (IUP) to operate a prunary concrete plant at 1010 158`h Street, Rosemount,
Minnesota; and
WHEREAS, on October 28, 2014, the Planning Commission of the City of Rosemount held a
public hearing to review the IUP application from Hardrives for the seasonal asphalt plant; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the IUP for Hardrives subject to the conditions listed below; and
WHEREAS, on November 18, 2014, the Ciry Council of the City of Rosemount reviewed the
Planning Coinmission's recommendation and the IUP application for Hardrives.
NOW, THEREFORE, BE IT RESOLVED, the Council of the Ciry of Rosemount hereby
approves the IUP for Hardrives to operate a seasonal asphalt plant at 1010 158`h Street, Rosemount,
Minnesota, subject to the following conditions:
1. Compliance with the Interim Use Permit r�pplication for the Prunary rlsphalt Plant
dated July 23, 2014.
2. Compliance with the Large Scale Mineral Extraction Permit for Dakota rlggregates
(Resolution 2012-105).
3. The Interun Use Permit expires on December 31, 2023.
4. 1lsphalt trucks shall access CSr1H 46 either via the Station Trail access or the Akron
rlvenue access only. r�sphalt trucks my not use Biscayne Avenue or any UMore roadwa��
(rlkron, r�ngus, Barbara or Blaine Avenues) to access CSr�H 42.
5. Stockpiles associated with the asphalt plant cannot exceed 60 feet in height.
6. Provide a letteY of credit in an amount equal to 110% of the cost of remove of the 70
foot diameter asphalt tank.
7. Conformance with the Fire I��larshal's Memorandum dated October 22, 2014.
ADOPTED this 18`�' day of November, 2014 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
Hardrives
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Disdaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1601 feet
verification. Dakota County assumes no legal responsibilrty for the information con[ained in this data. 10/10/2014
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Hardrives, Inc. ExeCUtive Sl�mmary
Hardrives, Inc., an asphalt paving company, was founded in St. Cloud, MN in 1963
by Ken Ha11. By 1968 a metro branch office and plant were opened in Blaine, MN. Soon
to follow were two portable asphalt plants which esta.blished a tr�avel division that would
focus on the needs of greater Minnesota and the Dakotas. In 1969 Hardrives, Inc. opened
their Ready Mix Concrete division followed in 1973 by the Craft Crete precast concrete
division.
The 90's were big years. A Milling Operating division was started in 1996, and a
Northern MN division opened a satellite office in Zim to offer a permanent base for their
wide-ranging operations. A new Ready Mix plant was purchased, crushers were purchased
and the Crushing Operating division was started in 1999. A dedicated Quality Assurance/
Quality Control department was also opened in Waite Park. And sadly, Ken Hall, our
Hardyman, passes away in December 1997.
Design Build was a highlight of the business in 2006 with a three year project on TH
212. In 2007 the portable plant operations were moved from Northern MN to a sta.tionary
facility in Becker, MN. Hardrives, Inc. begins the innovative process of using MSP in its
phalt mix designs in 2008. In 2009 warm mix was in�oduced into our drum mix Plants
and today all our drum mix Plants have this system on them. These improvements
provide an environmentally friendly, economically smart and performance improved
product for our customers.
In 2010 Hardrives grew in workforce and equipment by the acquisition of Tower
Asphalt and Terra Services located in Lakeland, MN. Tower and Terra added to
Hardrives years of experience in workforce and too was founded on family tradition and
values. Hardrives had now expanded their Metro operations clear to the East and into
Wisconsin. In 2013 work again was obtained in North Dakota.
Today, over 51 years later, Hardrives, Inc. operates a Concrete Plant in Waite Park
and 6 Asphalt Plants; Lakeland, Becker, Waite Park, Isle, and 2 Portable Plants currenily
located in Grand Forks, ND and in Central, MN. We produce and place over 1.3 million
tons of asphalt each consh-uction season and will supply over 70,000 yards of concrete.
Hardrives, Inc. has been a quality coniractor that can be counted on to provide an
exceptional product and service. We operate environmentally friendly and safely. We are
family owned company that has offered personal and professional growth to our now
over 300 employees.
Hardrives, Inc is lool�ing forward to the opening of this new sta.te of art asphalt plant
facility and becoming a new business partner in the Rosemount business community. With
the opening of this new asphalt plant faciliry Hardrives, Inc. will create 30 new full time
seasonal jobs. Hardrives, Inc will be serving the Dakota County area with quality asphalt
products. Hardrives, Inc. brings 51 years of experience in the asphalt industry to the
Rosemount UMORE facility. Hardrives, Inc. and all of our employees are very excited
about serving current customer and new customers with their asphalt needs in this new
market area.
Rosemount City Hali
� Ro���ou��r RosemountSMN 55068
COMMUNITY DEVELOPMEN7 651-423-4411
651-423-4424 (F,4X)
revised 01.10.2005
INTERIM USE PERMIT APPLICATION
Hardrives, Inc (763) 428-8886
Name of Applicant(to be used on legal documents) Telephone No.
14475 Quiram Dr. Rogers MN 55374 (763) 428-8868
Address of Applicant Fax No.
kgannon@hardrivesinc.com
Email Address of Applicanf
Name of Consultant Telephone No.
Address of Consultant Fax No.
Name of Property Owner
Regents of University of Minnesota
Address of Property Owner Telephone No.
1300 So. 2nd st. #208 Mpls Mn 55454
Current Zoning Proposed Zoning(if applicable)
AG Seasonal Asphalt Plant
Presenf Use Proposed Use (if applicable)
$500.00 Fee Paid? Q Yes Q No
Location Map of Property(ies) Involved Attached: � Yes � No
Current Description(s) and Survey Attached? � Yes � No
Revised Description(s) and Survey Attached? � Yes � No
Project Description:
This application is for the placement of a seasonal asphalt plant in the Ancillary Use
Facility of the Umore site. The attached narrative has a more in-depht description of
the project.
Conditions or Requirements:
Is the property recorded under the Torrens system? �Yes � No
(If yes, a copy of the property owner's Duplicate Certificate of Title must be included with this
application.)
NOTE: APPLICATIONS ARE NOT COMPLETE UNTIL ALL REQUIRED SUBMISSIONS
HAVE BEEN RECEIVED.
ACKNOWLEDGMENT AND SIGNATURE:
THE UNDERSIGNED APPLICANT HEREBY REPRESENTS UPON ALL OF THE PENALTIES
OF THE LAW, THE PURPOSE OF INDUCING THE CITY OF ROSEMOUNT TO TAKE
ACTION HEREIN REQUESTED,THAT ALL STATEMENTS HEREIN ARE TRUE AND THAT
ALL WORK HEREIN MENTIONED WILL BE DONE IN ACCORDANCE WITH THE
ORDINANCE OF THE CITY OF ROSEMOUNT,AND THE LAWS OF THE STATE OF
MINNESOTA, AND THAT THE UNDERSIGNED APPLICANT WILL PAY ALL FEES AND
CHARGES INCURRED BY THE CITY FOR THE EXAMINATION AND REVIEW OF THIS
PETITION.
� BY CHECKING THIS BOX, I HEREBY AGREE TO ALL STATEMENTS HEREIN AND
SUBMIT MY SIGNATURE ELECTRONICALLY TO THIS FORM.
Signature of Applicant Signature of Property Owner
Donald Hall University of Minnesota
Printed Name of Applicant Printed Name of Property Owner
Date Date
x
�
"�`°Y HARDRIVES, INC.
Interim Use Permit Application for a Seasonal Asphalt Plant
UMore Park
City of Rosemount
July 23, 2014
1. Ancillarv Use Facility Le�al Description
That part of the southwest Quarter of Section 34 and the Southeast Quarter of Section 33,all in
township 115, Range, 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
11 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 of6.69 feet;
thence South 24 degrees 59 minutes 14 seconds East a distance of 32.7 feet;thence South 38 degrees
36 minutes 54 seconds East a distance of 58.76 feet;thence South 24 degrees 49 minutes 30 second
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
14475 Quiram Drive•Rogers,MN•553749461 P.O.Box 579•St.Cloud,MN•56302-0579
(763)428-8886•Fax(763)428-8868 An Equal Opportunity Employer (320)251-7376•Fax(320)251-5178
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 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 N0. 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: 30.00 ACRES
Land Owner:
Regents of the University of Minnesota
UMore Development LLC
1300 South 2"d Street,Suite 208
Minneapolis, MN 55454-1075
Applicant:
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
(763)428-8886
Operator•
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
(763)428-8886
2. Seasonal Asphalt Plant
A New Astec seasonal asphalt plant will be located in the Ancillary Use Facility. Production in this area
requires an asphalt plant capable of storing and mixing the ingredients for various asphalt mix designs.
The asphalt plant site within the AUF will have 6 asphalt material storage silos 300 tons each,7 AC liquid
storage tanks 30,000 gallons each,2 liquid AC mixing tanks 20,000 gallons each, 1 liquid fuel tank 20,000
gallons, 1 AC storage tank 29,000 BBL, 12 aggregate cold feed bins, 3 rap bins, 1 counter flow mixing
drum 11'x 54', 1 100,000 CFM bag house, 1 control house center, 5 material conveyors, 1 material slat
conveyor, 1 AC tank heater, 1 lab trailer,2 980k Cat loaders to feed the seasonal asphalt plant facility.
Once per year we will move in a portable crushing plant in to process the bituminous millings and
chunks this will take about one to two weeks to complete this process.
See attached drawings of the asphalt plant
3. Site plan and plant lavout
The seasonal asphalt plant will be located in the south central portion of the AUF site.The plant will not
be located near any residential property; however, it will be located just north of CASH 46.The asphalt
plant and all aggregate stockpiles will be screened from view from the public right of way by berms and
existing mature trees on the north side of CASH 46.The nearest EIS boundary is located-----
to the east of the asphalt plant facility area,which means the facility will meet the setback requirements
of the city of Rosemount ordinance.The AUF site is surrounded on all sides by land owned by the
Regents of the University of Minnesota,who also own the AUF site.The asphalt plant site will have
paved haul roads and a paved pad for the asphalt plant to sit on.The site will have designated employee
parking and truck parking areas.All hauling activities associated with the asphalt plant facility at the AUF
site and employees will be entering and exiting the AUF site from Akron Ave on to CSAH 46 to the east
of the asphalt plant site.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 asphalt plant facility will not require a
well for water. Portable water will be located in our control house and lab facility on site for employee
use and a portable toilet will be provided for the seasonal asphalt plant facility by an on-site sanitation
service company.The height of the seasonal asphalt plant will be 89' tall to the top of the material
storage silos.
See attached site plan.
4. Hour of operations
The proposed hours of operations for the asphalt plant facility are 24 hours per day 7 days per week job
driven only. To meet the bid requirements of the Minnesota Department of Transportation and local
Counties and Cities that are now calling for more and more night time and weekend construction
projects.The normal operating hour for the asphalt plant facility will be 6am to 9pm Monday thru
Saturday. The seasonal asphalt plant facility will operate only from May 1st thru December 15th each
yea r.
S. Aggre�ate Materials &Bituminous Millin� stockpiles
The material stockpiles will be primarily located along the perimeters of the asphalt plant facility.The
stockpiles will vary in height, but will not exceed 60' in height at any point. Most of the aggregate
material used at the seasonal asphalt plant facility will be mined on site by Dakota aggregate and
transported to Hardrives Inc. stockpile area by off road trucks. The stockpiles may include, but not
limited to coarse sand, %"granite, 3/8"gravel,%:'gravel &granite,3/" gravel &granite, 1" gravel
Mfg rock fines, man sand. Bituminous millings and chunks will be imported into the site and stockpiled.
The bituminous material will be processed once per year by running the material through a crushing
plant and stockpiled again.The processed milling will be inserted back into the new bituminous mix that
we are making at the seasonal asphalt plant facility.This process of using recycled asphalt back into the
new bituminous mix is a very good way to practice environmental stewardship in an attempt to
conserve natural resources. The stockpiles and associated equipment will be screened from view from
the public right of way by berms and the existing trees on the north side of CSAH 46.The aggregate
stockpiles act as natural sound barriers. No stockpiles will exceed 60' in height at anytime.
See attached site plan for stockpile locations.
6. Dust Control
We are not anticipating a substantial dust problem since the AUF site haul roads for entering and exiting
the asphalt plant facility will be all on paved or concrete roadways.There is a 15 mph speed limit on all
unpaved areas in the AUF site.When and if a dust problem develops at this site while we are hauling in
or out of the AUF site,we will take measures to control the problem that would most likely consist of
simply applying water to the access roadway by means of a water truck and sweeping the roadway with
a power broom.
See attached Fugitive Dust Emissions Control Plan
7. Required Permits for the AUF site
The Brand New seasonal asphalt plant facility is covered under the already issued Minnesota Total
Faci{ity Operating Permit(Air Permit#03700370-001)to Dakota Aggregates LLC.The Seasonal Asphalt
Plant Facility will be required by the MPCA to run an emission source stack test within 180 days of
startup and if any major emission components on the plant are changed.The seasonal asphalt plant will
be covered under Minnesota Total Facility Operating Permit issued by the MPCA on completion of
Emission stack test.This permit places limits on production throughput of the plant, as well as lays out
maintenance requirements for control equipment.
See attached Dakota Aggregates Permit
The seasonal asphalt plant is covered under the already issued Minnesota ( NPDES) permit#
MNG490289,covering stormwater discharges and the on-site handling of process water.All stormwater
and spill procedures can be found in the previously submitted by 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 portable asphalt plant. Hardrives, Inc. is
required by our lease agreement with Dakota Aggregates to comply with all requirements of Dakota
Aggregates(NPDES), (SWPPP), (SPCC) permits for the AUF site.
See attached Dakota Aggregates Permits.
— �
Area of site: 30.0 acres
Impervlous:
Bituminous surface:129,000 sq.ft.
70 dta tank:3900 sq.ft.
Total Impervious:132,900 sq.ft.-3.05 acres(10.0%)
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SITE PLAN
" New Bituminous Plant UMORE
/� o ioo zoo Hardrlves Inc. $
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��'b�� SGIE IN FEET �p���;
�� �z��� 9�2014 Lxated in Sectlon 34,TownsM 115,Ran e 19 West
NORTH IS ASSUMED
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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 Pemut(IUP) to allow sand and gravel mining, mining accessory uses, and tlie potential
to apply for separate interim use pertnits for ancillary uses concerning property legally described as:
That part South Half of Section 28,To�vnship 115, Range 19, Dakota Counry,I�linnesota,
lying�vesterly of the follo�ving described line;
Commencing at the northeast corner of the Southeast Quarter of said Section 28; thence
South 89 degrees 48 minutes 43 seconds`�`est, 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 muiutes 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.
E�CEPT the plat of UNIVERSITY ADDITION, said Dakota County.
AND
Section 33,To�vnship 115,Range 19, Dakota County, l�Linnesota;E�CEPT the East 133.00
feet of the North 549.43 feet of the Southeast Quarter of said Section 33;E�CEPT the East
133.00 feet of the South 930.25 feet of the Northeast Quarter of said Section 33;also
LZC�PT that part of said Northeast Quarter described as follo�vs:
Beginning at the nartheast corner of said Northeast Quarter;thence South 00 degrees 11
minutes 58 seconds West,assumed bearing along the East lule of said�lorth�vest Quarter, a
distance of 800.G3 feet; thence North 81 degrees 23 minutes 25 seconds ``t/est a distance of
40.76 feet;thence North 38 degrees 17 minutes 54 seconds��1est a distance of 819.06 Eeet;
thence North 75 degrees 07 minutes 52 seconds West a distance of 580.25 feet to the north
line of said North�vest Quarter; thence I�iordl 89 degrees 51 seconds ]4 seconds East,along
said north line, a distancc of 1111.53 feet to the point of beginning.
AND
That part of the North�vest Quarter of Section 34,Township 115, Range 19,Dakota County-,
1�linnesota, described as follows:
Commencing at the northu:est corner of said Notth�vest Quarter; thence South 00 degrees
11 minutes 58 seconds��'est, assumed bearing along the�cest line of said I�'orth�vest
Quarter, a distance of 800.63 feet to the point of beginning of the land to be described;
thence continuing South 00 degrees 11 mimites 58 seconds ��'est, along said�vest 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;
thence North 81 degrees 23 minutes 25 seconds West a distance of G54.21 feet to the point
� of beginning.
AND
That part of the Southwest Quazter of Secuon 34,Township 115, Range 19,Dakota County,
Minnesota,lying southerly of the following described line:
Commencing at the north�vest corner of said Southwest Quarter; thence South 00 degrees
11 minutes 58 seconds West, assumed bearing along the�vest 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
South�vest Quarter and there terminating
And lying westerly, noxth�vesterly and northerly of the follo�ving described line:
Commencing at the southwest corner of said South�vest Quarter;thence South 89 degrees
42 minutes 10 seconds East,along the south line of said Southwest Quartez,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 O1 degrees 12 minutes
32 seconds ��1est a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds
��1est a distance of 2GG.72 feet;thence northeasterly 194.G0 feet, along tangential curve,
concave to the southeast,ha�ing a central angle of 9G 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 tangenrial 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 re�-ezse cun e, concace to the
north�vest,haeing a central angle of 56 degrees 01 minutes 50 seconds and a radius of 103.00
feet to the west line of said South�vest Quarter and said line there terminating.
WHEREAS, on August 28, 2012,and September 25,2012, the Planning Commission of the Cit�r
of Rosemount held a public hearing to revie��� the IUP request from Dakota Aggregate; and
«1HEREAS, the Planning Cominission adopted a motion recommending that the City Council
appro�e the interim use permit to allo�v sand and gravel mining, mining accessory uses, and the
potenrial to apply for separate interim use permits for ancillar5�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 Ciry Council of the City of Rosemount re��ie�ved the
Planning Commission's recommendations;and
2
i
RESOLUTION 2012-105
WHEREAS, on I�ecember ]8, 2012, the City Council of the City of Rosemount approved the
I interim use permit allo�ving allo�v sand and gra�el min;ng, 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 ilggregates LLC to allow sand and gra�el minuig, mining accessory
uses,and the potential to apply for separate inteum use permits for ancillary uses, subject to the
follo�ving conditions:
1. The Unisersity of 1�linnesota shall grant to the City,its agents, employees, officers and
contractors and to any surety of llakota rlggregates LLC performing Dakota Aggxegate
LLC's obligations and the agents, employees,officers and contractors of the surety an
irrevocable license,in a form approced by the City Attorney, to enter the Property-to
perform all�vork and inspecrions deemed appropriate by the City to enforce conditions
imposed on the Universiry to the extent the University engages in mineral extraction, or
Dakota Aggregates,LLC in connecrion�vith permitting of mining operations on the
Property,including work that the City elects to perform or requires the surety to perform as
a xesult of the permitee's default. This license shall continue in effect until all mining
operations on the Properc�are complete and all conditions itnposed by�the City have been
complied with.
2. Thc design of the monitoring�vells shall be rec-iewed and appro�ed by the City's consulting
hy drogcologist before the monitoring wells can be installed. Dakota Aggtegates�vill provide
the boring log in the locarion of the monitoring�cell and proposed�vell construcuon
including screening intercal and sampling method to assist the rc�iew. The Ciry may revise
the proposed�vell construcrion based on field obserc•ation during the�vell boring. The City
ma�r require a nested monitoring�vell if an adequate screening interval and sampling method
cannot be pro��ided through a single well. The Cit�-may require changes to the monitoring
well sampling if Euture City�vell pumping result in changes to the groundwater flow pattern.
3. l�fining�vithin anj�phase that would expose the groundwater will not be permitted befote
additional borings are conducted in the deepest areas of the proposed lake to confirm that a
miiumum of fifteen (15) feet of separation bet�veen the mining and the bedrock. l�iirung can
occur�vithin two (2) feet of the ground�vater prior to testing occurring.
4. Protection equipment that is installed on hauling trucks, such as covers for [he truck beds,
shall be used�vhile traveling on public roads. Non-use will be considered a�iolation of the
permit conciition.
5. Trucks may not be loaded heavier that the public haul roads posted�veight restrictions.
6. 1�4uung in Dry I��Iining Phases 1 through 7 may not occur beyond 2028. Reclamarion of Dry
1�fining Phases 1 thsough 7 must be completed by Decembex 31, 2028,including grading in
accordance��ith 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 othet grading plan is appro�ed by the
City.
7. An Interim Use Pernut for the casting yard shall not Ue allo�ved beyond December 31, 2022.
8. Esecution of,and continuing compliance with the terms of, a Letter Agxeement�vith the
� Uni�ersity of�finnesota that includes a 25% contribution up to �100,000 (based on current
estimated cost) to the stoplight installation at Biscayne Avenue and Count��Road 42 and a
50% contribution up to�1.2 million (based upon current estimated cost) to the
improvement of Biscayne�1�-enue from Boulder Trail to County Road 4G. EYecution of a
� 3
�I
I RESOLUTION 2012-10�
, Public Impro�-ement ilgreement�vith Dakota Aggxegates that includes a 25%contribution
to the stoplight installation at Bisca�ne tivenue and County Road 42 if Dakota Aggregates
uses the Bouldet 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 requixed prior to construction of the haul route from Northem DrS�
� Nlining area to Akron Avenue.
11. Access permits are required for any access route connection to a public roadwa�� from the
jurisdictional agency in control of the public road�vay.
12. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and
appro�-ed by the City�Engineer before the reclamation can occur.
13. Berming and landscaping consistent with ordinance criteria is be required on the east
' boundary of Dry 1�lining Sub-Phases lOB, 11A,and 11A;and required on the north
' boundary of Dry 1�lining Sub-Phase 11B.
14. The End Use Grading Plans for Dty�Iining Sub-Phases 5B and GB shall be submitted and
appro�'ed before the Annual Operating Permit would be issucd for those sub-phascs.
15. No Annual Operating Permit for Dry Phases 8, 9, 10 and 11 shall bc issued until an End Use
Grading Plan for Dry I�lining Phases 8, 9, 10 and 11 is re�-ie�ved and approved by the City
Council.
i 1G. 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�vhen the niitung or
ancillary uses are not in operauon. A knos boY or similar de�-ise shall be installed to provide
emergency personal access to the key� for the lock.
17. Provide an End Use Grading Plan for the rincillar5�Use Facility (AUF) area.
1 S. The path of any road licensed�ehicles using the concrete processing, asphalt ptocessing,and
�ehicle maintenance facility shall be pa�ed�vith curbing per the City�Code.
I 19. Conformance�vith the City Engineer'.s I�Iemorandum dated September 20,2012.
20. The Uni��ersity of l�Iinnesota (or designated entity) shall obtain appro��al and/or concurtence
from the 1�IPCA regarding complerion of appropriate investigations and/or actions taken in
response to identified releases of hazardous substances,pollutants or contaminates as
defined under�finn. Statutc 115B, and as deemed reasonable and necessary by the 1�IPCA.
21. ��'ithin the Environmental Contingency Plan, add Dakota County Environmental
Tlanagement to the uudal notification list (including the University, the enc-ironmental
consultant,and the CitS) if potentiall��hazardous/unsafe conditions are discosered.
22. Within the Environmental Contingency Plan, add beryllium, cy�anide,and thallium to the
chemicals tested for in the ground�vater monitoring samples.
� 23. A�vedand conservation act pernut and�vetland mitigation plan must be approved before an
annual operating permit can be issued for any phase�vith a wedand.
24. �ny costs incurred no�v or in the future in changing the locarion of etisting public or private
utilities including but not limited to pipelines, transmission structures and se�ver
infrastructure locared within the permit area shall be the sole obligation and expense of
Dakota Aggregates.
25. Dakota Aggregates shall abandon and removc the obsolete I�Ietropolitan Count�•sanitary
se�ver line before an Annual Operating Permit can be issued�vithin an��tnuung phase
contauung that old se�cer line.
4
RESOLUTION 2012-10�
2G. All costs of processing the permit,including but not limited to planning fees,engineering
fees and legal fees, shall be paid by Dakota rlggregates prior to the issuance of the permit.
Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City
rldministrator or any other City�employee for the purpose of insuring that condiuons of the
pernut are being satisfied. Dakota Aggtegates agrees to reunburse the City for any�other
costs incurred as a result of the gtanting or enforcing of the pernut.
27. Dakota Aggregates shall hold the City harmless from all claims or causes of acrion that may
result fxom the granting of the permit. Dakota 1lggregates shall indemnify the City for all
costs, damages or espenses,including but not limited to attorney's fees that the City mati pay
or incur in consequence of such claims.
28. Complete rruiung and interim reclamation per each designated sub-phase is requued before
any addirional nuning beyond the uutial 80 acres in any one atea is authorized. Addirional
mining Sub-Phases�vill be allowed equal to the Sub-Phase reclaimed. 1�lodificarions or
expansion of the nuning areas must be appro�ed in�vriting to the City.
29. No minuig acti`-ity�vill occur�vithin fifteen (15) vertical feet of bedrock.
30. Dakota A�regates shall incorporate best management practices for controlling dust,
erosion, noise and storm water runoff as specified bjr the 1�'Iinnesota Pollution Control
rlgency and the United States Environmental Protecrion rlgenc5�.
31. Compliance�vith Dakota County Ordinances No. 110 and 111, as�vell as all other applicable
Federal, I�tinnesota,Dakota County, and Rosemount regulations. Soil materials in the
Property�vill be managed in accordance�cith the I�'Linnesota Pollution Control Agency's Be�t
1Vlanagement Practice.r(B�VIPS�for the Off-Site Reu.re of Unregtrlated Fill.
32. Dakota Aggregates may not assign this permit�vithout written approcal of the City. Dakota
Aggregates will be responsible for all requirements of this permit and all City ordinances on
the licensed pxemises for the pemut period unless Dakota rlggregates gi�es sixty(60} days
prior written norice to thc Ciry of terminarion and surrenders permit to the City. Dakota
Aggregates shall idenrify all operators prior to their commencement of minexal extracrion-
telated acti�-iries in the pit area. The City shall have the authority to cause all mineral
e�:traction acti�-ities to cease at any time there is an apparent breach of the terms of this
Permit.
33. Dakota Aggregates shall comply�vith all the mitigarive measures idenrified in the previously
completed nliiung EIS and the current nuning application associated�vith issues such as
noise, dust, traffic, screening,berining and landscaping except�vhere the condirions of
approval modify the proposed measures. r�ny action not e:cpressl�-requested and permitted
by this approval is not allo�ved by the applicant. Failure to compl��vith all application
commitments is a�iolation of the permit and is subject to enforcement actions per the City
Code.
34. SuUmit a Quality Assurance Project Plan that has been approved by the 1�Tinnesota Pollution
Control Agency in accordance with ANSI/r�SQC E4-1994.
35. The Ciry of Rosemount shall have the ability�to collect independent soil and water samples.
36. llakota rlggregates shall pro�ide the City of Rosemount notification of�vell sampling t�vo
�veeks in advance of the testing.
37. Dakota rlggregates shall comply�vith such other requirements of the Cit��Council as it shall
from time to time deem proper and necessary- for the protecdon of the citizens and general
�velfare of the community�.
5
RESOLUTION 2012-105
ADOPTED this 18`'' day of December, 2012 by the Ci Council of the ity o semount.;
�. �; �� - <- �-
��lilliam H. Droste,l�layor
AT
rlmy omeier,City Clerk
� 6
t��li��n�sat� Ra(f�.atiar�� �c,�tt•ol Ag��zr.�
520LnfayelteqoadNorlh �56PauI,Minnesota 55I55�4194 � G51-2966360
LtO�)fi:17-3W;�1� 6ti�-Z1�2�5331 iT'i� t�;ws•:.�n.a.+laie.i�l9.u:� [qu�alOp��nilunilyErn�d�-iy?i
August 14, 2013 �
Mr,Patrici<A Bergin
Envlronmental Manager
Dal<ota Aggregates
2025 Centre Pointe Boulevard Suite 300 �
Mendota Heights,MN 55120
RE: Air Emission Permit No.03700370-001 �
Dear Mr, Bergin:
The enclosed permit,Alr Emisslon Permit No.03700370-001,authorizes construction and operation of
your facility located at 1601158th Street West,Rosemount,Dakota County,Minnesota.
The permit is effective from the issuance date of the permit until the expiration date of the permit.
Please read through the permit and review its conditions and requirements.Distribute the permit to •
staff inembers responsible for ensuring compliance wfth the conditions and limitations in the permit. If
appropriate,post the permit at the facility.
The Minnesota Poliution Control Agency's(MPCA)air quality regulatory program is funded primarily by
fees based on actual emissions to the air,which facility operators report to the MPCA in the annual
emission inventory ln accordance with Minn. R.7002.0005-7002.0095.Facilities that have been issued
permits for the first time and have not yet submitted an emissions inventory are required to pay an '
initial fee that is based on actual emission calculations in the companies permit application.You do not •
need to pay this fee until we send you an invoice.An annual emission inventory will be required
thereafter;and subsequent fees wili be based on annual estimates of aetual emissions.You will receive
the erriission inventory form in the mail each year.
We appreciate your cooperation and compliance with environmental laws.!f you ha�e questions about
the permit,please contact me at 651-757-2843.
Sincerefy, •
/�,�`l������-,�• ./�-
Cynthia Schafer �
Engineer
Air Quality Permits Section
Industrial Division �
CS:ss
Enclosure
cc: Brent Rohne,MPCA
AQ F(le No.4565
�
,C�T�i��`DU�,
�oi�vnoA.o .
��) �
��,,. - i =
?`��,• . .•''.�
�����
AIR E(UIISSIUN PERMI"f NO.03700370-OQ1
Total Facility Operating I�ermit
IS ISSUED'f0
Dakota Aggregates
DAICOTA AGGREGA7E5-UMORE PARI(FACIII'CY
1G01 158th Street West
Rosemount, Dalcota County, MN 55068
The emiss(on units,controi equipment and emission stad<s at the stationary source authorized in lhis
permit are as described in the Permit App(ications T��ble.
This permit authorizes the Permittee to operate and construct ihe stationary source at tl�e address
listed above unless otherwise noted in Table A.'i'he Permittee must comply with all the conditions of
the ��ermit.Any changes or moclifications to the stationary source must be performecl in�ompliance
with Minn.R.7007.1150 to 7007.1500.Terms used in the permit are as defined in ihe slate air pollution
control rules unless tlie term is explicitly definecl in the permir.
Unless other+riise indicated,all the Minnesota rules cited as the ori�in of the permit t�rms are
incorporated into fhe SIP under 40 CfR§52.1220 and as such are enforce�ible by U.S. Erivironmantal
Proteclion llgency(EP�)Aciministrator or citizens under the Ciean Air Acl.
Permit 7ype: State; Limits[o Avoid Parl 7U/Limits to Avaid NSR;
Operatin�Permit issue Date; August 14, 2013
[xpiration bate: Non-[rpiring—�1111-itle I Conditions do not expire.
,
�
Don Smith,P.[., Man� r
Air Quality Permits Section
Indusirial Qivision
for John Linc Stine
Commissioner •
Minnesota Pollulion Con[rol Agency
TDD(for hqarin�;and speceh In�pairod only�: (G:�1)1R2-5332
- P�in�ed nn retyeled popr.rcunLaininq aI lros(109�f;be�s(�nm pop�ri recpclyd by ra�sume�s
Permit Applications Table
[Perrnit Type � Application Date Permit Action
_Total Facilify Operating I�ermil _ _ April 9, 2013_� 001
TABI.E OF CONTENTS
Notice to tlie I'ermittee
I�ermit 5hielci
Facility Description
Table A: Limits anc�Other Requirements
Table B; Submittafs
Appendix I: Units Authorized for Construction/Installatlon
N071CC 70 7HE PERMITTEE;
Your siationary source may be subject to fhe requirements of the Minnesot�� Poilution Control Agency's
(MPCA)solid waste, hazardous wast�, and water quality progran�is.Ifyou wish io obtain in(ormation on
these programs,indudin�;information on obtaining��ny required permits, please contact the MPCA
general information number at:
Metro Area 651-296-fi300
Outside Metro�rea 1-800-657-3864
TTY 651-2II2-5332
The rules governing these programs are cc�ntained in Minn. R.chs.7000-7105.Written questions may be
sent to: Minnesota Poliution Control Agency,520 Lafayette Road North,St.I'ai.�l, Minnesnta 55155-�a194,
Qtrestions about this air entission permit or about air quality requirements can also be di�ected lo ihe
telephone numbers and address listed above.
PERMIT SHIELD:
Subject to the limitations in Minn. R. 7007,1800, compliance with the conditions of this permit shall be
deemed compliance with the spe�ific provision of the appiicable requirement iclentified in the permit as
the basis of each condition..Subject to the limitations of Minn. R. 70�7.1800 and 7017.0100,subp, 2,
notwithstanding the c�nditions of this permit specifying compliance practices for applicablce
requirements,any pecson (including the Permitlee)inay also ��se other credible evidence to establish
compliance or noncompliance with applicable requirements.
FACIL�7Y DESCRIPTION:
Dal<ota A�;gregates UMore Parlc Facility will primarily be a sand and gravel minin�and processing site
based on plant area.Coarse and fine aggregates for use in conslructinn projec.[s will Ue produced on-site,
initially throu�h dry mining, and eventually phasing into dredging of a waler body that will be created
oi�-site.7he raw materials will be crushed and then screened down to size.After screening,some of the
material will also be washed.The finished products will then he conveyed int<�stocicpiles and then sold.
"�his will Ue locatecl on a 1,722 acre area in the northwest seclion of ihe UMore Parl<properry.The facility
is not engaging in silica sand mining operations.
In addi�ion to sand and gravel mininf; and processing,the facility will also consist of a ready-mix
concrete plant,an asphalt plani,a recycled aggregate processing area,a mainienancc garage, and a
casting yard.l'his will be located on a 190 acre area within the UMore Park property.The construction
of these (acilities will be phased over time.
The primary emissions from the facility are particulates(Particulate ��atter(PMJ, PM less than 10 N�Yi in
size and PM I�ss tl�an 2.5 micrometersJ frc�m processin�and storin�sand and gravel,concrete loadout,
and from the hot mix asph�ilt plant,The facility also emiis Carbon Monoxide and Volatile Organir.
Compounds,which are prirnarily from the production of hot mix asphalt and Hazardous�ir Pollutants
from the production o(concrete. �
, R�SEMOLINT
FIRE DEPARTMENT
M E M O R A N D U M
To: Eric Zweber, Planner
From: Kevin Benshoof, Fire Marshal
Date: October 22"d, 2014
Subject: Hardrives, Inc.
Upon review of the Hardrives, Inc. Submittal dated July 23r� 2014. The Fire Marshal
offers the following comments:
• The Preliminary Plan as submitted substantially meets the minimum
requirements of the 2007 MN State Fire Code. Dependent upon the
application date and new code adoption in January, new codes may be
required. Any changes to the Final Plan will require further review.
• Facilities, building or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved access road.
2007 MSFC 503.2
• � permit is required for any above ground storage tanks from Ciry of
Rosemount.
• Contact the Minnesota Pollution Control Agency (MPCA) for further
requirements and or permits.
• Contact MPC� for a Major Facility permit 60 days prior to starting
construction.
• Substance Transfer�rea may also need secondary containment, verify with
MPCA.
Thank you,
Kevin Benshoof
Fire Marshal
City of Rosemount
Fredrikson & Byron 10/21/2014 9: 35 : 37 AM PAGE 1/001 Fax Server
JULIE TAYLOR
14425 Atwater Wa�
Rosemounl., Minne�ota 5506a
October 21,2014
City of Rosemount Planning Commission
2875 145�'Street West
Rosemaunt, MN 55068
Re: Application by Hardrives,inc.for Interim Use Permit
Public Hearing on October 28,2014
To Whom it May Concern:
I received a copy of the Public Hearing Natice regarding the application by Hardrives, Inc.for an
Interim Use Permit to allow an asphalt production plant on property located within UMore
Park,which will be discussed at a hearing on Tuesday, Odober 28, 2014.
I will be unable to attend that public hearing, but would like the Planning Commissian to note
my objections. I am concerned about air and noise pollution from such a project in such close
proximity to my praperty. I am also concerned about the potential threat to wildlife habitats.
We have observed eagles, pheasants and turkeys in the area surrounding our property and
object to any praject that would threaten the habitats of these anirnals.
If the applicant has done appropriate the environmental assessments, I would be interested in
the results and yau may emai3 them ta me at jtaulp.r.�frec�l�w:com, If such assessments have
not been undertaken, I strongly encourage the Planning Commission to insist that suth
environmental due diligence is engaged in prior to approving any project of this type.
Sincerely,
,;,�F;���'��!',' '`::;�r;-.#
, ,�,r.
:.r-- -. --�.__•_-__._�:_..:.__. --"--. .
Julie A.Taylor
ta lor fredlaw.eam
ce: Anna �Vills - 57B - MN House
Greg Clausen- 57 -MN Senate
John Kline - 2 -U.S.House
Amy Klobuchar-U.S. Sez�ate
A1 Franken-U.S. Senate
October, 20, 2014
Rosemount Planning Commission
2875 145`h Street West
Rosemount, MN 55068
Planning Commission,
We aze responding to the rivo "Public Hearing Notices" that we received.
With regard to the notice regarding the Dakota Aggregates, LLC for an amendment to the
Interim Use Permit to allow 24 hour operation of the aggregate processing facility. We
are AGAINST this amendment. The 24 hour operation was a huge concern for residents
during the initial request. The residents/city and Dakota Aggregates, LLC agreed at that
time that there��vould NOT be 24 hour operation. All involved need to keep their initial
word. I can't imagine having to hear all the equipment, noise, etc. 24 hours a day,
especially summer time in MN when we like to have our windows open and also all the
huge lights sending light into all the nearby homes. Please do NOT allow Dakota
Aggregate 24 hours operation.
With regard to the notice regarding Hardrives, Inc. for an interim use permit to locate an
asphalt production plant on the UMore Park property, we believe that a plant of this
nature�vith its constant smells and toxins released into the air, would not be good to have
that close to people/homes. The proposed area is to close to people and homes. We aze
totally AGAINST allowing this facility so close to our homes. Can they guarantee NO
asphalt smells and NO toxins going into the air? We don't need to be subjected to any
more toxins.
Please take our concerns as tax paying citizens of Rosemount into consideration.
Thank you,
!��-�-�%�:
Robert Pryor
- ,
Ruth Pryor
14755 Bloomfield Circle
Rosemount, MN 55068
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
OCTOBER 28, 2014
6.a. Request by Hardrives for an Interim Use Permit to Operate a Seasonal Asphalt
Plant (14-50-IUP). 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 of businesses that use significant amounts of aggregate in their production.
The approved ancillary uses included 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 Zoning Ordinance requires
that each of the AUF businesses apply for and receive their own Interim Use Permit
(IUP). Tonight, Hardrives is requesting an IUP use permit for a seasonal asphalt plant
within the AUF.
Chair Miller inquired as to why a letter of credit is chosen vs. surety bond. Ms. Lindquist
stated that a letter of credit is easier to cash in if needed. Chair Miller also inquired as to
whether or not there have been any noise or dust complaints. Ms. Lindquist stated that
the police have not reported any complaints within last year. Due to the location of the
plant on the southern part of the property and traffic being funneled to County Road 46
staff doesn't anticipate this permit to change the experience for the residents who are
located mostly north of County Road 42.
Commissioner VanderWiel inquired about the numerous storage tanks on the site. All of
the tanks but the largest for the asphalt has a concrete floor. She wondered why the
largest one doesn't have a concrete floor. Ms. Lindquist stated she will let the applicant
respond.
Commissioner Kenninger had concerns about twenty-four hour operations, and
wondered if the renewal process is yearly. Ms. Lindquist indicated that staff is
supportive of a 10- year IUP, due to the location and lack of development in the area
which shouldn't cause any immediate concerns. She did note that the mining permit
held by Dakota Aggregates does go through annual review and renewal process should
issues arise with the proposed hours.
Commissioner Forster inquired about the total site area relative to the amount of total
impervious surFace area and if an IUP has standards for impervious surface and were
they met. Ms. Lindquist stated that the entire site is so large beyond bounds of plant,
that there is no impervious surface issue. Additionally, the applicant is addressing
stormwater requirements through on site ponding.
Commissioner Kurle stated his concerned about pollution and asked about the review
by the MN Pollution Control Agency. Ms. Lindquist stated that permit encompassed all
activities proposed for the site, including asphalt production in the permit.
The public hearing was opened at 6:53 pm.
Public comments:
Applicant, Kevin Gannon VP for Hardrives. He indicated that all tanks are positioned
closely together in a concrete bunker, MPCA requires 1 '/2 volume of the largest tank in
the conglomerate of tanks. In order to combine multiple tanks in close proximity they
use a bunker for containment. But the largest tank's bunker would be such a large area
if done the same way; instead it sits 6 feet below the ground.
Mr. Gannon also went on to explain about the process to obtain an air quality permit. All
Operators are plant certified and follow a strict MPCA checklist that is completed 3
times a day which monitors air, temperature, pressure changes, wind direction,
malfunctions at plant, and mechanical problems of the plant. Records are kept at plant
and home office, yearly they report to MPCA including aggregate and oil usage at plant.
If malfunction in air occur they would have to contact the MPCA immediately. Normal
hours of operation 6:00 am-9:00 pm Monday-Saturday, additional hours could vary
dependent on demand.
MOTION by Kurle to close the public hearing. Second by Kenninger.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 6:58 pm.
Additional Comments
Commissioner Miller asked about City ordinances relating to noise and dust. Ms.
Lindquist stated that the city adopts the PCA requirements for noise. She noted the City
hasn't received any noise related complaints to date. Staff has been visiting the site and
monitoring berm creations and hasn't seen anything surprising or concerning.
Commissioner Forster inquired about condition #4 regarding the restrictions on local
roadway use. He wondered if there have there been any complaints that result from
this, and what actions are taken if found in violation. Ms. Lindquist stated that the plant
is right on 46 and it would be unusual to use other routes. She also noted that there
would have to be more than one incident to revoke IUP.
MOTION by Kenninger to recommend that the City Council approve an Interim Use
Permit (IUP) for Hardrives to Operate a Seasonal Asphalt Plant with the following
conditions:
1. Compliance with the Interim Use Permit Application for the Primary Concrete
Plant dated July 23, 2014.
2. Compliance with the Large Scale Mineral Extraction Permit for Dakota
Aggregates (Resolution 2012-105).
3. The Interim Use Permit expires on December 31, 2023.
4. 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.
5. Stockpiles associated with the concrete plant cannot exceed 60 feet in height.
6. Provide a letter of credit in an amount equal to 110% of the cost of remove of
the 70 foot diameter asphalt tank.
7. Conformance with the Fire Marshal's Memorandum dated October 22, 2014.
Second by Kurle
Ayes: 5. Nays: 0. Motion approved.