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HomeMy WebLinkAbout6.d. Renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2015 EXECUTIVE SUMMARY City Council Meeting Date: August 18, 2015 AGENDA ITEM: 14-60-ME Renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2015 AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. 6.d. ATTACHMENTS: 2015 Conditions for Small Scale Mineral Extraction, 12/9/15 PC Excerpt Minutes, Site Map, Applicant’s Narrative, Present Conditions and 2015 Mine Plan; Stonex-Vesterra Borrow Pit Reclamation Protocol APPROVED BY: ddj RECOMMENDED ACTION: Motion to renew the Vesterra, LLC and Stonex, LLC Small Scale Mineral Extraction Permit for 2015, subject to the terms and conditions in the attached 2015 Conditions for Mineral Extraction. SUMMARY Applicant: Jonathan Wilmshurst of Vesterra, LLC and Stonex, LLC Property Owner: Flint Hills Resources Operator: Solberg Aggregates Location: South of Bonaire Path, ¼ mile west of Blaine Ave. Area in acres: Vesterra – Northern 75 Acres along Bonaire Path Stonex – Southern 80 Acres directly south of Vesterra. Comp Plan Designation: LI, Light Industrial Current zoning: AG, Agriculture Material removed in 2014: 53,000 tons The applicant, Jonathan Wilmshurst of Vesterra LLC/Stonex LLC, requests renewal of the Vesterra and Stonex small scale mineral extraction permit for 2015. The subject properties are located south of Bonaire Path and ¼ mile west of Blaine Avenue (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills Resources and Vesterra, LLC/Stonex, LLC are parties to this application, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. Both the Planning Commission and staff recommend renewal of the permit for 2015. This application was originally before the Planning Commission in December of 2014. A summary of the Planning Commission review is provided below. City Council action on this item was postponed because the haul back material soil report found the imported material did not meet the standards outlined in the Stonex and Vesterra Borrow Pit Reclamation Protocol. Once staff was made aware of this situation the applicant and operator were directed to stop all work on the site until the haul back material was removed. Removal was completed in late July of this year. After removing the material, the applicant was required 2 to conduct a second soil test which indicated all the unacceptable material had been removed. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on December 9, 2014 that produced no comments. During their presentation, staff noted that the applicant requests extension of the mining completion dates (see details below) and the permit has been updated to include this request. The Commission asked if there had been any complaints or reclamation on the site. Staff indicated that no complaints were registered with the Police and a site inspection found no reclamation activity. The Commission then voted unanimously to recommend the City Council renew this permit. BACKGROUND According to the applicant, 2014 activity in the Vesterra/Stonex mine was satisfactory with Solberg Aggregate removing approximately 53,000 tons of material. This activity level is down from the nearly 100,000 tons of aggregate removed and 10,665 tons of clean fill hauled back during 2013. A routine check of police records for the subject property noted no complaints during 2014. Mr. Wilmshurst and Mr. Solberg had anticipated similar activity levels in the pit for 2015 based on an ever improving construction aggregate market. Of course with the delay in permitting due to the haul back issue, it is anticipated there will not be much activity at the mine. Mining will continue moving northwest and southwest in Phases 1, 2, 3 and 8 but no activity is expected to the east. If activity levels continue to improve, the applicant could be back to amend the mining permit to allow construction of an above- ground scale and portable scale house. The applicant also noted the completion and reclamation dates identified in Item C are no longer valid. Originally, the permit had called for completion of overall extraction on the Vesterra property by 2014 and the Stonex property by 2018. The applicant now requests these dates be revised to 2018 for Vesterra and 2022 for Stonex. Staff is agreeable to this revision and has amended the attached permit to reflect this change. As mentioned above, Solberg Aggregate imported 2,500 yards of fill to the site. Soil tests were conducted on the material after it was brought to the site and found it did not meet the criteria outlined in the Stonex and Vesterra Borrow Pit Reclamation Protocol. Solberg agreed to remove the contaminated material and dispose of it at the SKB landfill. This was completed in late July of this year. The same independent lab re- tested the pad where the contaminated material had been located and the site tested clean. ISSUE ANALYSIS Standards for Small Scale Mineral Extraction are detailed in Section 11-10-4 of the City Code. A summary review of the subject property is provided below with more detailed conditions of operation listed in the attached 2015 Conditions for Mineral Extraction Permit. This use meets or exceeds the applicable performance standards for small scale mineral extraction subject to the conditions listed in the attached permit. The subject property is zoned AG - Agriculture. Small scale mineral extraction is listed as an interim use within this district. The table below details the zoning, current land use and future land use information for the surrounding properties. The sites to the west, south, and east are located within the current Metropolitan Urban Service Area (MUSA). It should be noted that some of the agriculture uses include associated residential uses and the applicant has a farming tenant operating on a portion of the subject property outside the active mining area. 3 Surrounding Land Use and Zoning Information Direction Current Land Use Guided Land Use Zoning North Agriculture Agriculture Agriculture South Agriculture Medium Density Residential (west half) Business Park (east half) Agriculture East Agriculture Light Industrial Agriculture West Agriculture Low Density Residential Agriculture Preserve Currently, access to both properties comes through a gated entrance at the northeast corner of the Vesterra property along Bonaire Path. In the future, the applicant plans to shift access from Bonaire Path to Blaine Avenue (County Road 71) via an internal driveway that crosses the 80 acre parcel to the west owned by Flint Hills Resources. This will reduce truck traffic on Bonaire Path (a gravel road) and provide more direct access to County Road 42. When this change is necessary in the future, the applicant will come back to the City to amend their permit. CONCLUSION AND RECOMMENDATION Based on the findings made in this report, both the Planning Commission and staff recommend the City Council renew the Vesterra and Stonex Mineral Extraction Permit 2015. This request is subject to the conditions outlined in the attached permit as well as the mineral extraction permit standards outlined in Section 11-10-4. Mineral Extraction Permit 2015 Conditions for Mineral Extraction Permit VESTERRA, LLC and STONEX, LLC A. By their signatures below, Vesterra, LLC and Stonex, LLC (hereinafter collectively referred to as the “Property Lessee") and Flint Hills Resources (herein after “the Property Owner”) consent to these conditions, binding themselves and their successors, heirs or assigns to the conditions of this permit. Vesterra, LLC and Stonex, LLC are jointly and severally liable and responsible for compliance with all conditions of this permit and all requirements of law relating to the licensed activities. Mineral Extraction is an Interim Use in the Agriculture District of which the permit area is a part according to Ordinance B, the City of Rosemount Zoning Ordinance Regulations. Property Owner consents to entry onto the Subject Property by the City, the City’s employees, agents, and contractors, as needed to inspect the work of the permit, enforce the conditions of the permit and undertake any work needed to comply with permit conditions including mine closing and reclamation. B. This permit is granted for the area designated as Phases 1, 2, 3 and 8 on Exhibit 2 Present Conditions and 2015 Mine Plan. C. The completion date of the overall mineral extraction process including site reclamation shall be no later than December 31, 2018 for the northern 75 acres, the Vesterra site. The completion date of the overall mineral extraction process including site restoration shall be no later than December 31, 2022 for the southern 80 acres, the Stonex site. The term of this permit shall extend from January 1, 2015 until December 31, 2015 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $370.00 shall be paid to the City of Rosemount. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Lessee to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the grading plan labeled Exhibit 3, which is attached hereto, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. F. All gravel trucks and other mining related traffic shall enter and exit the mining area from Bonaire Path (County Road 38). It shall be the Property Lessee’s responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the Dakota County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur 2015 Mining Permit Vesterra, LLC / Stonex, LLC 2 of 6 relative to the mining process. The current location of the access driveway is indicated on the Location Map, Exhibit 1. Warning signs including “Trucks Hauling” shall be installed at the Property Owner’s expense as needed in accordance with Dakota County requirements. Any street improvements to Bonaire Path, County Road 71 or CSAH 42 necessary to accommodate the generated traffic shall be the sole responsibility of the Property Lessee. G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Lessee shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Lessee has received 24-hour verbal notice, the City may complete or contract to complete the clean-up at the Property Lessee’s expense. In the event of a traffic hazard as determined by the City Administrator (or their designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Lessee’s expense without prior notification. H. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate or otherwise impact the natural drainage of adjacent property. I. No topsoil shall be removed from the site and the Property Lessee shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit 2, Present Conditions and 2015 Mine Plan. J. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Lessee. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Lessee prior to the issuance of the permit. The Property Lessee shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Lessee agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday subject to being changed by the City Council. M. The Property Lessee shall deposit with the Planning Department a surety bond or cash deposit in the amount of Seven Thousand, Five Hundred Dollars per acre ($7,500.00/acre) for any active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Property Lessee. The required surety bonds must be: 2015 Mining Permit Vesterra, LLC / Stonex, LLC 3 of 6 (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Lessee will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or his designee) or any other City officials. (4) Conditioned that the Property Lessee will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Lessee. (5) The surety bond or cash deposit shall remain in effect from January 1, 2015 until July 31, 2016. Upon thirty (30) days notice to the Property Lessee and surety company, the City may reduce or increase the amount of the bond or cash deposit during the term of this permit in order to insure that the City is adequately protected. N. The Property Lessee shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, and at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars for injury or death of more than one person arising out of one occurrence and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2015 until July 31, 2016. O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Management Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any ponding areas, wash plants or other processing or equipment brought to the site shall require additional site and grading plan information subject to review and approval of the City Engineer. P. The Property Lessee and the Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Lessee shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. 2015 Mining Permit Vesterra, LLC / Stonex, LLC 4 of 6 Q. The Property Lessee and the Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. R. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Lessee shall submit to the City semi- annually a written report indicating the amount of material extracted from the site for the prior six-month period. S. The Property Lessee shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. T. The City of Rosemount shall have the ability to collect indenpendant soil samples U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. Topsoil for reclamation shall conform to specifications on file with the City. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Lessee must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. The Property Lessee may not assign this permit without written approval of the City. The Property Lessee will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Lessee gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Lessee shall identify all Operators prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. X. The Property Lessee shall maintain a “stock” gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Y. There shall be no “haul-back” of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs O, V and FF; and topsoil imported for the purpose of re-establishing turf as accepted by the City. Z. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of “jake” or engine brakes (except in emergency situations) or other such activities that result in excessive noise. 2015 Mining Permit Vesterra, LLC / Stonex, LLC 5 of 6 AA. The Property Lessee shall comply with directions from the City Engineer. BB. A landscaping plan shall be prepared subject to approval by City Staff, for the purpose of providing vegetative screening within the setback areas of the various phases of the mining area. Said landscaping shall be installed according to City standards, prior to commencement of operations within an adjacent phase area. CC. No retail activity is permitted on the site. Materials imported to the site are limited to materials to be recycled and mixed with aggregate extracted from the site and topsoil for reestablishing ground cover or turf. DD. Off-site mining connected with the reconstruction of County Road 38 or construction of Connemara Trail shall require separate project approval by the City Council. The site reclamation plan with proposed grades and future street alignments is subject to approval by the City Engineer. EE. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt or hazardous materials in any form within the pit as fill shall be strictly prohibited. FF. The fill area re-grading and reclamation shall follow the procedures described in the Stonex LLC and Vesterra LLC Reclamation Protocol Rosemount, Minnesota. Stonex, LLC and Vesterra, LLC shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. Reports shall be submitted to the City by August 1st and February 1st describing any fill importation from January 1st through June 30th and July 1st through December 31st respectively. The bi-annual reports submitted shall describe the quantities of material brought in, where the material came from, and the test results, including supporting analytical results of the materials. IN WITNESS WHEREOF, Vesterra, LLC and Stonex, LLC hereby consents and agrees to the foregoing conditions of said mining permit this _______ day of ______________, 20____. Vesterra, LLC and Stonex, LLC By: ________________________________ Jonathan J. Wilmshurst, Owner _ 2015 Mining Permit Vesterra, LLC / Stonex, LLC 6 of 6 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20____, by Jonathan J. Wilmshurst, the Owner of Vesterra, LLC and Stonex, LLC ________________________________________ Notary Public IN WITNESS WHEREOF, Flint Hills Resources, hereby consents and agrees to the foregoing conditions of said mining permit this __________day of ____________, 20___. Flint Hills Resources ____________________________________ Its STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The forgoing instrument was acknowledged before me this_____day of _________, 20____, by_______________, Flint Hills Resources, Its___________, the Property Owner, on behalf of the company. ____________________________________ Notary Public 1 0 0 -F o o t S e t b a c k 135th Street E. B l a i n e A v e n u e E . P L A N T H A U L R O U T E Future Mining Phase 3Phase 7 Phase 2Phase 5 Phase 1 Phase 4 Phase 6 Phase 8 Pre pared for Veste rra, L LCI hereb y certify that this plan, docum en t, or repo rt was p re pared byme o r u nde r m y dire ct supe rvisio n a nd that I am a du ly L ice nsedProfessional Ge ologist un der th e laws of th e sta te of Minn esota. J.D. L ehr Date : Novem ber 4, 2014Reg. No. 3 0063 Stonex and Vesterra Properties City of Rosemount, Dakota County, MN PRESENT CONDITIONS AND 2015 MINE PLAN 0 300 600 Feet Parce l data from Dako ta Coun ty. Aeria l p hot ograph from USDA-FSA -APFOFlown Se pte mbe r 1 2, 2 010 50-foot prope rty line se tba cks e xce pt where n ote d in n ort hwe st Top of Mine Face - November 6, 2013 Reclaimed Future Stripping Stripped Stockpile Topsoil Storage Berm Pond Phasing Plan Stonex & Vesterra Property Line EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING DECEMBER 9, 2014 6.a. Request by Vesterra/Stonex, LLC for a Renewal of a Mineral Extraction Permit Through 2015 (14-60-ME). The applicant, Jonathan Wilmshurst of Vesterra LLC/Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2015. The subject properties are located south of Bonaire Path, ¼ mile west of Blaine Avenue (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills Resources and Vesterra, LLC/Stonex, LLC are parties to this application, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the prop erty lessee. Upon review of the mineral extraction standards, police records and the information submitted by the applicant, staff recommends renewal of the permit for 2015. Chair Miller wondered if the date for Condition C is correct date. Planner Lindahl stated that the date should be amended to December 31, 2018 for Stonex portion and to 2022 for Vesterra. Mr. Miller also inquired if staff has observed any reclamation. Mr. Lindahl stated that he inspected the site last week and vegetation has been est ablished. Commissioner Kurle confirmed that there have been no complaints this year. Mr. Lindahl stated that in 2013 there were dust control issues, but none this year. The public hearing was opened at 6:39 pm. Public comments: none MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 6:40 pm. Additional Comments: None MOTION by Kenninger to recommend the City Council renew the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2015, subject to: 1. Provision of a surety bond as required under item M of the 2015 Conditions for Mineral Extraction. 2. Provision of a certificate of comprehensive general liability insurance as required under item N of the 2015 Conditions for Mineral Extraction. 3. Amend date on item C of the permit to 2018 for Stonex and to 2022 for Vesterra Second by Kurle Ayes: 4. Nays: 0. Motion approved. 1 STONEX, LLC. and VESTERRA, LLC. BORROW PIT RECLAMATION PROTOCOL ROSEMOUNT, MINNESOTA Vesterra, LLC and Stonex, LLC are currently leasing their property to third parties for the primary purpose of sand and gravel mining. Final grading plans have previously been submitted to, and approved by, the City of Rosemount. We have an obligation to reclaim the property and there are opportunities from time to time to import clean fill materials onto the property to use in the reclamation process. The materials that will be imported will be restricted to larger projects where the source can be fully assessed, such as projects that involve street reconstruction for local municipalities. Materials taken from larger projects are much easier to monitor than odd loads from many different places. Larger projects can be assessed beforehand in terms of their history and ownership and are therefore more practical to manage. Protocol The reclamation process contemplates restoring the properties to a condition suitable for agriculture, with the ultimate end-use guided as light-industrial. To this end, the following steps will be put in place: 1. All sources of fill materials will be evaluated for the likely presence of contaminants prior to being brought into the mine. 2. Imported fill that contains contaminants, most likely petroleum products but including excessive amounts of organic or plant matter, or waste or trash will not be permitted to be brought into the mine. 3. Organic-rich material will be used for surface reclamation rather than being buried. 4. Imported fill will generally be suitable for compaction so that the property can ultimately be developed without excessive re-working of the fill. 5. Large amounts of fill will be placed in lifts. 6. Imported fill will be visibly inspected for contamination, and also ‘sniffed’ to check for petroleum or other volatile or odiferous compounds. 7. Imported fill will not be higher than the original landform except along the alignment of the proposed bike trail. 8. Imported fill will not in any case be placed thicker than 45 feet. Quality control Inspection procedures All imported fill will be inspected prior to removal at origin, and again after placement. It will always be the responsibility of the landowner and/or contractor excavating and/or transporting the fill to ensure it is clean and free from contaminants. Periodically, spot checks will be performed on imported fill by a certified testing laboratory to ensure that it is free of contaminants. As a general rule, these tests will be at the expense of the owner/contractor, who will ultimately be held responsible for the treatment or removal of contaminated materials. Where quantities of fill in excess of five thousand cubic yards are imported from a single site, or where fill is placed more than twenty feet thick, then additional testing will be done to ensure that the fill is compactable and that it has a normal moisture:density relationship. These tests will be done in accordance with ASTM: D698 and ASTM: D422. STONEX/VESTERRA RECLAMATION PROTOCOL - 2010 2 Placement procedures Material placement will be determined by the quality of material being brought in, moisture conditions in the soils, and weather conditions. Organic materials such as plant debris will be set aside to be burnt if necessary, or placed in the surface lift if they are sufficiently composted. Wet materials will be allowed to dry out before being compacted. Material will be compacted in lifts, the thickness of which will be determined at the time depending on the fill quality and the weather conditions. No filling will be done if the ground is saturated or frozen. The final surface will be graded so as not to allow standing water to accumulate, unless by design. 1 0 0 -F o o t S e t b a c k 135th Street E. B l a i n e A v e n u e E . P L A N T H A U L R O U T E Future Mining Phase 3Phase 7 Phase 2Phase 5 Phase 1 Phase 4 Phase 6 Phase 8 Pre pared for Veste rra, L LCI hereb y certify that this plan, docum en t, or repo rt was p re pared byme o r u nde r m y dire ct supe rvisio n a nd that I am a du ly L ice nsedProfessional Ge ologist un der th e laws of th e sta te of Minn esota. J.D. L ehr Date : Novem ber 4, 2014Reg. No. 3 0063 Stonex and Vesterra Properties City of Rosemount, Dakota County, MN PRESENT CONDITIONS AND 2015 MINE PLAN 0 300 600 Feet Parce l data from Dako ta Coun ty. Aeria l p hot ograph from USDA-FSA -APFOFlown Se pte mbe r 1 2, 2 010 50-foot prope rty line se tba cks e xce pt where n ote d in n ort hwe st Top of Mine Face - November 6, 2013 Reclaimed Future Stripping Stripped Stockpile Topsoil Storage Berm Pond Phasing Plan Stonex & Vesterra Property Line Vesterra, LLC and Stonex, LLC Annual Mining Permit Renewal Request for 2015 August 2014 revision Activity at the pit has been decent with approximately 53,000 tons removed. Solberg has been the only operator this year, having made a long-term commitment in 2009. The market for construction aggregates has recovered greatly over the last couple years, but remains below levels of pre-2007. Solberg has built a regular customer base and expects to see a similar year in 2015. They also intend to install an above-ground scale and portable scale house just south of the old homestead as shown on the attached map once business levels justify it. Truck traffic from the operation continues to exit onto Belaire Path. In due course the plan remains to relocate truck access onto County Rd 71 which was resurfaced in 2012. There has been no progression of mining to the south this year that would open up this route to this exit. At this time there is no interest in mining to the east end of the property, but this would make a decent base product and could be of interest in the future. The 2015 mine plan shows the “open” area, the area previously stripped, and the area proposed to be stripped. The total acreage included in these three areas is around 14 acres which is a slight increase on last year. Dust control measures will be employed as follows: regular reclamation and planting/seeding of berms and pit floor will keep exposed soils to a minimum, and roads will be sprayed with water as necessary. In addition, the much lower elevation of the mine floor with the trees and vegetation that have sprouted in earlier areas of activity have been steadily reducing the exposed pit floor. All the storm water is retained on the property, and mining does not approach anywhere near the water table, with the floor of the pit being at or above the elevation of Bonaire Path. During 2014, Solberg imported 2,500 yards of fill to the site. Soil tests were conducted on this material after it was brought to the site found it did not meet this criteria outlined in the Stonex and Vesterra Borrow Pit Reclamation Protocol. Solberg agreed to remove the contaminated material and dispose of it at the SKB landfill. This was completed in late July of this year. The same independent lab re-tested the pad where the contaminated material had been located and the site tested clean. Vesterra/Stonex thanks the Rosemount Planning Commission and City Council for its consideration of this application for renewal.