HomeMy WebLinkAbout5.a. Danner Mineral Extraction Permit Renewal,: R�SEM0UNT EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: August 25, 2015
Tentative City Council Meeting Date: September 15, 2015
AGENDA ITEM: Case 15-25 ME Danner Small Scale
AGENDA SECTION:
Mineral Extraction Permit Renewal for
Public Hearing
2015
PREPARED BY: Jason Lindahl, AICP
AGENDA NO.
Planner
5.a.
ATTACHMENTS: Location Map, Draft 2015 Mineral
APPROVED BY:
Extraction Permit, Letter from Applicant,
Soil Test Report from Braun Intertec,
K. L.
Reclamation Protocol, Expiration Notice
RECOMMENDED ACTION: Motion to recommend the City Council renew the
Danner, Inc. Small Scale Mineral Extraction Permit for 2015, subject to the terms and
conditions in the attached Draft 2015 Conditions for Mineral Extraction.
SUMMARY
Applicant & Property Owner(s)
Location:
Area:
Comp. Guide Plan Design:
Current Zoning:
Marlon L. Danner of Danner, Inc.
4594 145th Street East — one half mile east of US
Highway 52 and one quarter mile south of CSAH 42
75 Acres
BP — Business Park; MDR — Medium Density
Residential; HDR — High Density Residential
AG — Agriculture
The applicant, Marlon Danner of Danner, Inc., requests renewal of the existing Small Scale Mineral
Extraction permit for 2015. The applicant owns and operates the mine located 4594 145"' Street
East, '/Z mile east of US Highway 52 and south of CSAH 42. Typically the applicant renews this
permit by late winter each year. Staff contacted the applicant in writing and by phone in June to
remind them the permit had expired and no activity may occur on the site until their permit is
renewed. Danner submitted an application in June without the required soil tests and the
application was deemed incomplete. A complete application including the required soil test was
submitted on August 11"' of this year. Staff recommends approval of the request based upon a
review of the information submitted by the applicant, the mineral extraction standards in Section 11-
10-4 of the City Code, City Police records and the attached permit.
BACKGROUND
According to the applicant, the Danner site experienced a 25 percent increase in activity during
2014. Mining continued in Phase One and the eastern half of Phase Two and resulted in the
applicant removing approximately 40,000 tons of sand and rock from the pit last year. Danner also
continues to import material to the site for future reclamation. In 2014, Danner hauled back
approximately 10,000 yards of excess material from their South St. Paul location. This material
originally came from a 3 year old St. Paul project. As required by the permit, the applicant has
submitted soil tests of this material conducted by Braun Intertec which conclude it met the
requirements of both the permit and reclamation protocol.
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is Quasi-judicial actions. As
such, the City has a set of standards and requirements for review. Generally, if the applications meet
the ordinance requirements they must be approved. The standards and requirements for this
mineral extraction are detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral
Extraction permit.
The subject property is zoned AG — Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use
within the Agriculture district. The table below details the current land use, zoning, and future land
use information for the surrounding properties. These properties are all currently zoned
Agricultural or Agricultural Preserve and are located within the 2030 Metropolitan Urban Service
Area (MUSA). The 2030 Future Land Use Map anticipates a mixture of residential and business
park uses in this area.
Surrounding Land Use and Zoning Information
Direction
Current Land Use
Zoning
Guided Land Use
North
Agriculture
Agricultural
BP — Business Park
South
Agriculture
Agricultural
Preserve
MDR — Medium Density Residential
HDR — High Density Residential
East
Agriculture
Agricultural
BP — Business Park
West
Agriculture/Mining
Agricultural
BP — Business Park
Access to the Danner mine comes from County Road 42 via a gravel road along the eastern edge of
the property. This road is shared with the Ped/Kuzma (SKB) mine to the west. The applicant
maintains a private access agreement with the Ped/Kuzma property to coordinate mining levels and
allow continued access to both the sites.
The annual renewal for mineral extraction permits includes a site inspection and consultation with
the Rosemount Police Department regarding any police activity. Police records noted no activity at
the subject property in 2014 or to date in 2015. A site visit on August 18, 2015 with representatives
of Danner noted storage of dumpsters in violation of Condition P. Staff recommends a condition
of approval require the applicant conform to Condition P and remove the dumpsters.
RECOMMENDATION
Staff recommends approval of this request based upon a review of the information submitted by the
applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records
and the attached permit.
4
Site Map - Danner Mineral Extraction Permit
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search, appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Z inch = 2639 feet
8/14/2015
Mineral Extraction Permit
2015 Conditions for Small Scale Mineral Extraction Permit
DANNER, INC.
A Danner Inc., hereinafter referred to as the "Property Owner", shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
B The property Owner shall comply with all terms of this permit as well as the standards for mineral
extraction listed in Section 11-10-04 of the City Code.
C This permit is granted for the area designated as the eastern half of Phase Two and the entire Phase One
(approximately 19.5 acres) on Exhibit A, Mineral Extraction Permit Status Map, which is attached hereto as
one of the exhibits. Regrading and reclamation is granted for the area designated on Exhibit A.
D The term of the permit shall extend from the date approved by the City Council until December 31, 2015
unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit
fee shall be paid to the City of Rosemount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan,
attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed
by the City from time to time.
G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements
necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress
shall be subject to approval by the City, as well as the County Highway Department if any changes occur
relative to the mining process.
H A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or
contract to complete the clean up at the Property Owner's expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner's expense without prior notification.
I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or
otherwise affect the natural drainage of adjacent property.
J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
K Any costs incurred now or in the future in changing the location of existing public or private utilities
including but not limited to pipelines, transmission structures and sewer infrastructure located within the
permit area shall be the sole obligation and expense of the Property Owner.
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal
fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for
the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to
reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday, subject, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the
City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to
assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of
Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the 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 Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims, or for which the City, the Council or any City officer may be made liable by reason of any
accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from January 1, 2015 to July 31, 2016.
Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is
adequately protected.
O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury
liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars
and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100
($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an
additional insured and shall remain in effect from January 1, 2014 to July 31, 2015.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction
debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited.
Q. The Property Owner shall hold the City harmless from all claims or causes of action that may result from
the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or
expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such
claims.
R. The Property Owner shall comply with such other requirements of the City Council as it shall from time to
time deem proper and necessary for the protection of the citizens and general welfare of the community.
2
S. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
T. The Property Owner shall incorporate best management practices for controlling erosion and storm water
runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental
Protection Agency.
U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding
and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials.
W. All recycling must be completed with the completion of the current phase and materials removed from the
site. No recycling processes shall be allowed to continue into subsequent phases.
X. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction -related activities in the pit area. The City shall have the
authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the
terms of this Permit.
Y. The Property Owner shall install and maintain a "stock" gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. The fill area regrading and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit
Reclamation Protocol Rosemount, Minnesota including a bi-annual report submitted to the City describing
the quantities of material brought in, where the material came from, and the test result of the material. The
bi-annual reports submitted shall describe the quantities of material brought in, where the material came
from, and the test results, including supporting analytical results of the materials.
AA. No gravel mining is permitted in the Fill Area as shown on Exhibit A.
BB. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation
shown on Exhibit A with haul -back, clean -fill material in accordance with the Danner Inc. Borrow Pit
Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the groundwater
aquifer.
CC. Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit.
DD. The City of Rosemount shall have the ability to collect independent soil and water samples.
EE. The operator shall install and maintain "No Trespassing" signs consistent with the standards
outlined in Minnesota State Statute 609.605.
3
That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of
12015.
DANNER, INC.
By:
STATE OF MINNESOTA
COUNTY OF
Its:
The foregoing instrument was acknowledged before me this day of 2015, by
, on behalf of Danner, Inc., Property- Owner.
Notary Public
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DANNER, INC.
June 10, 2015
City of Rosemount
2875145th Street West
Rosemount, MN 55068
Re: Mineral Extraction Permit
PID 34-02900-010-60
Dear Mr. Zweber:
+ii
"Z:Zzz�� 4 ��
843 Hardman Avenue South • South St. Paul, MN 55075
Phone: (651) 450-0830 • Fax: (65 I) 450-9076
In 2014 we extracted approximately 40,000 tons of Sand and Rock. In 2015 we
will be extracting about the same if not more.
In. 2013 we did not reclaim any sand or rock and are currently in the 2000 Phase.
We stockpiled approximately 10,000 yards of excess material from our South St
Paul yard. The material was hauled from a St Paul project from 3 years ago. I
have enclosed the test results for the material we hauled in 2013 and 2014. We
have not restored very much due to the stockpiles of material. The stockpiles
will remain as shown on the plan.
I have also enclosed the permit and the fee of $370.00.
If you have any questions regarding this information please call our office at
(651) 450-0830.
Sincerely,
Danner Inc..
Marlon Danner
Vice President
MD/kjr
MATERIAL HANDLING SPECIALIST
BraunIntertec Corporation Phone: 952.995.2000
BRAUN 11001 Hampshire Avenue S Fax: 952.995.2020
I NTE R I EC Minneapolis, MN 55438 Web: braunintertec.com
The Science You Build On.
August 11, 2015
Danner Inc.
c/o Marley Danner
843 Hardman Avenue South
South Saint Paul, MN 55075
Re: Borrow Pit Reclamation — Stockpile Summary Letter
4594 145th Street East
Rosemount, Minnesota
Dear Mr. Danner:
Project B14-07375
Per your request, Braun Intertec Corporation collected soil samples from stockpiled soil located at the
above referenced property (Site) in Rosemount, Minnesota. A Site Location Map is included in
Attachment 1. The purpose of the soil sampling was twofold. In order to obtain a2015 Small Scale
Mineral Extraction Permit, Danner, Inc. is required to document that their 2014 "haul back" material
meets all the requirements of the 2014 Conditions for Small Scale Mineral Extraction Permit for Danner,
Inc. and the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota (2014 Protocol). The
2014 Protocol includes environmental testing and observation of "haul back" material. Second, the
sampling will help with Danner Inc.'s reclamation end -goal for the borrow pit which includes creating
prepared building pads for light commercial construction (as noted in the 2014 Protocol's Protocol
Guiding Principles).
Background
Based on conversations with the Site owner, during 2014, an estimated 10,000 to 12,000 cubic yards of
"haul back" soils were received from local municipalities' road -improvement projects and other
redevelopment projects (2014 stockpile soil). The 2014 stockpile soil was transported to the Danner Pit
located at 843 Harman Avenue South, South St. Paul, MN for temporary storage. A list of projects is
included in Attachment 2.
On October 1, 2014, three soil samples (labeled as STOCK -1 through STOCK -3) were collected from the
2014 stockpile soil. Results of this sampling event can be found in the summary letter titled Borrow Pit
Reclamation —Stockpile Summary Letter, 843 Hardman Avenue South, South St. Paul, project B14-07375
and dated October 24, 2014. The 2014 stockpiled soil was later transported to the Danner Reclamation
Pit located at 4594 145th Street in Rosemount, MN.
Sampling Procedures
On July 27, 2015, four test pits were excavated using a track -mounted back -hoe operated by a Danner,
Inc. employee within the 2014 stockpiled soil located at the Site. Test pits excavated within the 2014
stockpiled soil ranged in depth between 5 feet and 12 feet below the top of the stockpile and were
approximately 4 feet wide by 10 feet in length.
Danner Inc.
Project B14-07375
August 11, 2014
Page 2
Test pits were located so that they cut through the stockpile in each location. A Braun Intertec
environmental scientist observed the tests pits and the 2014 stockpiled soil for unusual staining, odors,
and other apparent signs of contamination. Select soil samples were collected and screened for the
presence of organic vapors using a photoionization detector (PID) equipped with a 10.6 -electron-volt
lamp and calibrated to an isobutylene standard. The PID was used to perform a headspace method of
field -analyses, as recommended by the Minnesota Pollution Control Agency (MPCA) in Petroleum
Remediation Program Guidance Document 4-04 (September 2008). Stockpiled soils also were observed
for the presence of debris including but not limited to ash, metal, brick, concrete, and/or glass.
The stockpile soil samples were submitted to a certified laboratory for the following parameters:
■ Diesel -range organics (DRO) using the Wisconsin Department of Natural Resources (WDNR)
Method.
■ Gasoline -range organics (GRO) using the WDNR Method.
■ Volatile -organic compounds (VOCs) using United States Environmental Protection Agency
(EPA) Method 8260.
■ Resource and Recovery Act (RCRA) Metals using EPA Methods 6010.
■ Polyaromatic Hydrocarbons (PAHs) using EPA Method 8270.
Summary and Analytical Results
Four soil samples, labeled Stockpile 4 through Stockpile 7 were collected at the Site. No elevated PID
readings, odor or staining were observed from the areas where the samples were collected. Soils
encountered within the 2014 Stockpile consisted of silty sand with minor amounts of clay, gravel, and
cobbles. Soil observed within the four test pits appeared to be fairly uniform.
For comparison purposes, chemical components detected in the soil samples are compared with their
respective MPCA Industrial Soil Reference Values (SRVs) and Soil Leaching Values (SLVs). The SRVs and
SLVs are allowable risk-based contaminant concentrations derived by the MPCA using risk assessment
methodology, modeling, and risk management policy to guide Site investigation and cleanup actions. The
SRVs and SLVs are expressed as a concentration in milligrams per kilogram (mg/kg).
The results of the laboratory analysis indicated that:
■ DRO was detected in soil sample stockpile 4 at concentration of 14.6 mg/kg.
Several PAHs were detected at concentrations greater than or equal to the laboratory
method reporting limits (MRLs); however, the concentrations detected did not exceed their
applicable Industrial SRVs, where established. In addition, the calculated Benzo(a)pyrene
(BaP) equivalent did not exceed the established Industrial SRV.
■ Varying concentrations of the eight RCRA metals were detected in the soil samples; however,
none of the concentrations detected exceeded their respective Industrial SRVs and/or SLVs.
BRAUN
INTERTEC
Danner Inc.
Project B14-07375
August 11, 2014
Page 3
No VOCs or GRO were detected at concentrations greater than or equal to the laboratory
method reporting limits (MRLs).
• We did not observe indications of staining, odors, elevated PID readings or the presence of
debris in the test pits.
A summary of the analytical results for the soil samples is provided in Table 1 included in Attachment 3.
The complete laboratory report with chain of custody form is included in Attachment 4.
Discussion and Conclusions
Based on the analytical results, our field observations, and the supplemental information provided by
Danner, Inc., it appears that the haul back stockpile soils meet the requirements of the 2014 Conditions
for Small Scale Mineral Extraction Permit for Danner, Inc. and the Danner, Inc. Borrow Pit Reclamation
Protocol Rosemount, Minnesota. In addition, we note that the analytical results and field observations
indicate that the stockpiled soil meets the MPCA guidance document for Best Management Practices for
the Off -Site Reuse of Unregulated Fill (dated February 2012).
If you have any questions regarding these results, please contact Sara Nelson at 952.995.2494 or Mark
Ciampone at 651.487.7015.
Sincerely,
BRAUN INTERTEC CORPORATION
Sara A. Nelson
Staff Scientilt
1
Mark A. Ciampone, PG
Associate Principal —Senior Scientist
Attachments:
1: Figure
2: List of Projects
3: Table
4: Analytical Results
5: MPCA Guidance Document
BRAUN
INTERTEC
F:\2014\B1407375.dwg, Fig 3,8/6/2015 11:51:49 AM
v
°
Project No:
81407375
Drawing No:
B1407375
Scale: 1 "= 400'
w
Drawn By: JAG
Date Drawn: 10/22/14
Checked By: SN
Last Modified: 8/6/15
200' 0 400'
SCALE: 1"=400'
BRAUN
BORROW PIT LOCATION
HAUL BACK MATERIAL SAMPLING
I NTE RTEC
DANNER, INC.
145TH STREET E.
11001 Hampshire Avenue So.
ROSEMOUNT, MINNESOTA
Minneapolis, MN 55438
PH. (952) 995-2000
FAX (952) 995-2020
LIST OF PROJECTS
Saint Paul Park, Minnesota — Pullman Avenue
South Saint Paul, Minnesota — 21st Avenue
South Saint Paul, Minnesota — Isalona Lane, Carolyn Lane, Hansen Lane, Liberty Place, Dessa
Lane
Rosemount, Minnesota — Rosemount High School
Table 1
Soil Analytical Results
Danner, Inc.
Rosemount, MN
B14-07375
Notes
I" [L3]Analyte recovery m the laboratory. -d sample (LGS) exceeded QCH—. MAyte p,—o, below
reporting limits in associated samples. Results unaffected by high bias.
I'�[M11 Matrixspike recovery«ceeded gClimits. Batch accepted based on laboratory con<rd sample (LCSI
wery.
p�[1h] Nigh boilit Mirt hyd... h nsarepresentinthesample.
mg/kg= Milligrams per kilogram.
<=Less than the reporting limit
—= Notanalyted —.1-1-d forthis parameter
NE=Not Established
SRV -Soil Reference Value Established by the Minnesota Pdludon Control Agenry; 1999, reNsed N109
SLV—Screening Soll Leaching Value Eslabllshed by Ne Minnesota Pollutlo, Control Ag,,q,1999, revised 2013
cPAN =Individual criteria not established. Irrluded in BaP equivalerrtcalculation.
=Ber¢o(alpyrene (BaPI equivalerrt is rzlculated based on the concentration and weighed mxidryofcarcinogenic
PAHs (cPANI; Minnesota Pollution C—d Agenry, 2009.
= Criteria for hexavalent chromium.
4ROSEMOUNT
COMMUNITY DEVELOPMENT
June 9, 2015
KellyDanner
Danner, Inc.
843 Hardman Avenue South
South St. Paul, MN 55075
RE: MINERAL EXTRACTION PERMIT EXPIRATION NOTICE
Dear Kelly:
This letter is to inform you that your 2014 mineral extraction permit expired on December 31, 2014
and we have not received a 2015 renewal application. In addition it should also be noted that you
have not complied with Condition Z of the 2014 permit requiring submission of a report describing
the quantities of materials brought to the site, where the materials came from and test results of the
materials by June 1, 2014. No activity can occur at this site until you have renewed the mineral
extraction permit and complied with all conditions. Please contact me at your earliest convenience
to renew this permit.
ASimricere
Jason Lindahl, AIC'
Planner
ason.linda ci.rosemount.mn.us
651-322-2090
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068-4997
651 -423-441 1 • TDD/TTY 651 -423-6219 • Fax 651 -423-5203
www.ci.rosemount.mn.us