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5.d. Well Concrete IUP Concrete Casting Facility
E X E C U T I V E S U M M A R Y Planning Commission Meeting Date: November 27, 2015 Tentative City Council Meeting Date: December 17, 2015 AGENDA ITEM: Request by Wells Concrete Production Company for an Interim Use Permit (IUP) Allowing a Concrete Casting Facility as an Ancillary Use to the Dakota Aggregates Gravel Mine in UMore Park(Case 14-54- IUP) AGENDA SECTION: Public Hearing PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. 5.d. ATTACHMENTS: Location Map; Cover Sheet; Title Sheet; Overall Site Plan; Existing Conditions; Final Grading, Drainage and Utility Plan; Sight Lines, Traffic Flow; Elevations; Applicant’s Narrative, Engineer’s Memo Dated November 19, 2015, December 2012 LSME and Annual Operating Permit and Approved Plans APPROVED BY: K.L. RECOMMENDED ACTION: Staff recommends the Planning Commission make the following motion: 1. Motion to recommend the City Council approve an Interim Use Permit (IUP) allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine in UMore Park, subject to the following: a. Approval of a building permit. b. Conformance with and annual renewal of the Dakota Aggregates large scale mineral extraction permit as related to operations and screening of the site and business. c. Wells Concrete Production Company is permitted to utilize the designated Akron Avenue corridor for a casting yard until such time as the roadway will be installed. Upon notification, Wells Concrete Production Company, at its own cost shall remove the casting yard and any other improvements out of the Akron Avenue corridor. Further, screening which could include a berm and landscaping will be installed at the owner’s expense to screen the use from public views. 2 d. Submission of a tree preservation plan consistent with ordinance requirements prior to City Council review. The replacement plan may include future installation of trees along the future Akron Avenue upon installation of the roadway. e. Wall signage shall be approved though a separate administrative permit. f. Submission of a lighting plan detailing the fixture type and photometric pattern for all exterior lighting. g. Submission of a narrative or plans that demonstrates trash will be stored within the building or in a trash enclosure consistent with Section 5-1-3. h. The casting yard may operate 24 hours a day, 7 days a week as anticipated in the initial large scale mining permit. However, if noise complaints are received from existing residents or residents in the future, as development occurs, the City will amend the existing IUP to decrease hours of operation to address stated concerns. i. The proposed Individual Sewage Treatment System (ISTS) shall be approved by the Building Official through a separate administrative p ermit. j. Conformance with all requirements of the City Engineer as detailed in the attachment memo dated November 19, 2015. SUMMARY Applicant: Wells Concrete Production Company Property Owner: Regents of the University of Minnesota & UMore Development, LLC Location: UMore Park, north of 158th Street West south of County Road 42, east of Biscayne Avenue and west of Akron Avenue Area in Acres: 27.6 Acres Comp. Guide Plan Design: AG - Agriculture Current Zoning: AGR – Agricultural Research The applicant, Wells Concrete Production Company, requests a 30 year interim use permit (IUP) allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine. The subject property is located in UMore Park north of 158th Street West, south of County Road 42, east of the Dakota Aggregates mine, and west of Akron Avenue. The site is just over 27 acres and will include an approximately 90’ by 600’ (57,773 square feet) production facility and outdoor storage area. BACKGROUND Dakota Aggregates (a partnership of Ames Construction and Cemstone) received a Large Scale Mineral Extraction (LSME) permit in December 2012. That permit will come before the City for renewal in the beginning of 2016. 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 include recycled aggregate production (RAP), asphalt production, concrete production, concrete 3 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). The existing Cemstone Ready-Mix concrete and Harddrives bituminous plants received separate approval in 2014. In this case, Wells Concrete Production Company requests an IUP to allow operation of a concrete casting facility. According to the applicant, the casting facility will produce construction grade hollowcore and double tees precast members. The quantity of products produced will be dependent upon market demand. As a result, the site is anticipated to provide between 30 to 50 jobs in the areas of management, manufacturing labor, and yarding labor. Production activities will take place almost entirely inside the proposed building. Once the product is produced, it will be transported by truck and trailer outside the production facility to the yarding area depicted on the site plan where it will be temporarily stored while it awaits transport to its unique project. Product in the yard will be stored in an organized manner. Hollowcore product and double tee members will be stacked no more the 15 feet high. According to the applicant, there are 6 phases of operation within the proposed casting facility including: setup, production, stripping, yarding, loading, and transportation. Setup is the first phase of production and takes place entirely inside the production facility. This phase includes form cleanup, preparation, and layout for precast members to be produced. In the second phase, the production team orders ready mixed concrete from the plant across the street. The concrete is made and delivered inside the casting facility by truck. Next, the operation phase involves placing the concrete into the appropriate piece of production equipment. The concrete will remain in the production facility and cure until it is time to commence the stripping phase. This phase involves post production detailing and cutting that may need to take place outside the production facility or at the jobsite to insure precise measuring, cutting and fit. After the concrete has cured to a specified strength, the product is ready to be stripped (removed) from the form or bed, placed on a flatbed trailer and then transported to the yarding area where it will await shipment. The products will be place on the trailer by overhead crane located within the production facility and removed from the trailer by means of either a Mi-Jack for double-tees or a specialized forklift for hollowcore. After the product is produced, stripped, and yarded it will wait for scheduled loading and transport to the jobsite. Typical loading consists of a truck moving into position alongside the product where the Mi-Jack Crane will then hoist the product onto the trailer. Once the product has been secured to the trailer it will be moved to the staging area until it leaves the site. Typical lead times required by erection crews require that departing loads be staged at least one day prior to departure. The ordinance intended that a casting yard would be an interim use for 10-years. The applicant is requesting approval for 30-years and is therefore meeting building standards for the indoor manufacturing of the product. By ordinance any casting yard activity that will exist longer than 10 years shall comply with the site, lot, and building standards found in the GI-General Industrial zoning district. Staff has also applied some of the ordinance standards relating to noise and light. Staff has not applied landscaping standards to the individual development given the outer perimeter landscape and screening requirements. However, the proposal includes significant tree removal as compared to the previous mining approval and therefore there is a recommendation to inventory existing trees and develop a tree replacement plan. ISSUE ANALYSIS Review of an interim use permit (IUP) is a quasi-judicial action, meaning that if the application meets the City’s regulations for the particular use, generally the request must be approved. Interim Use Permits are intended to permit the temporary use of a property for a specific use until a particular date, the occurrence 4 of a particular event, or zoning regulations no longer permit the proposed use. In this instants, the applicant requests a 30 year term to correspond to the anticipated end of the associated mining activity. The general standards and findings used for reviewing an IUP application are outlined in Section 11-10-08 and detailed below. The City must approve or deny each IUP request based on review of these criteria. Should the City approve an IUP request, it may attach conditions to mitigate anticipated adverse impacts associated with the use, ensure compliance with the standards of approval, protect the value of other property, and achieve the goals and objectives of the comprehensive plan. Interim Use Permit Standards 1. The interim use must be allowed in the zoning district where the property is located. Finding: The subject property is zoned AG – Agricultural. This district allows large scale mineral extraction as an interim use. Section 11-10-4-1 details the standards for large scale mineral extraction and identifies casting yards as an allowable ancillary use provided the site has an approved large scale mineral extraction permit. 2. The interim use must meet or exceed the performance standards set forth in this title and other applicable City ordinances. Finding: The performance standards for this use are reviewed in the Site Plan section below. With a few exceptions, the proposed project meets or exceeds the performance standards for casting yards. Areas of non-compliance are addressed through specific conditions of approval detailed in the Recommended Action section of this report. 3. The interim use must comply with the specific standards for the use identified in this title, and must comply with all conditions of approval which shall be included in an IUP agreement. Finding: The applicant’s plans comply with the specific standards for casting yards detailed in Section 11-10-4-1.G.3. The site has an approved mineral extraction permit and the application indicates all concrete production will take place within the proposed building while curing will take place outside. Since the casting yard will exist longer than ten (10) years, the Ordinance requires it comply with site, lot, and building standards within subsections 11-4-16F and G of the General Industrial district, which is itemized below. Interim Use Permit Findings 1. The extent, location, and intensity of the use will be in substantial compliance with the comprehensive plan. 2. Findings: The extent, location, and intensity of the casting yard will be in substantial compliance with the comprehensive plan. The subject property is guided AGR – Agricultural Research by the comprehensive plan. This section of the comprehensive plan notes the University of Minnesota creation of a master plan for UMore Park and that plan will necessitate a future update to the comprehensive plan. The comprehensive plan also notes AG – Agricultural as the appropriate zoning until adoption of any amendment. Staff finds the applicant’s plans consistent with the development standards for casting yards as detailed in the site plan review section below. 5 3. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. Findings: Staff finds the use will provide adequate ingress and egress to minimize traffic congestion in the public streets. According to the applicant, the only access point to and from the AUF will occur at the intersection of County Road 46 at Akron Avenue. Anticipated trucking levels are approximately 50 loads per day at peak operation. Typical load levels for average operations would be approximately 20-30 loads per day. This access and traffic pattern was approved by both the City and Dakota County as part of the large scale mineral extraction permit. 4. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety, and general welfare. Findings: The proposed casting yard use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety, and general welfare. The proposed casting yard is consistent with the land use designation and goals and objectives of the comprehensive plan. In addition, casting yards are an approved ancillary use within a larger scale mineral extraction area. 5. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings: The applicant requests a 30 year IUP for the proposed casting yard consistent with the large scale mineral extraction permit. Initially the mining permit had anticipated the casting yard of a shorter duration. In order to permit the use for 30 years, the applicant must develop the site in compliance with the ordinance industrial standards and ensure that appropriate buffering and screening is proposed, or would be installed in the future, so that the proposed land use does not discourage urban development. Conditions of approval for the request and the overall mining permit require landscaping and berming to potential land use affects from future development. Additionally, the Akron Avenue corridor must be preserved in the event the collector road is installed prior to removal of the ancillary uses, including the casting yard. The site plan illustrates the casting yard within the Akron Avenue corridor. The yard uses are allowed, however a condition of approval requires that the yard be removed, at no cost to the City, County, or other governmental agency, and screening provided from the site to the roadway should it be installed prior to the 30-years of this permit. 6. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Findings: With a few exceptions, the proposed project meets the performance standards for casting yards. A detailed review of these standards is provided in the site plan review section below. Areas of non-compliance are addressed through specific conditions of approval detailed in the Recommended Action section of this report. Site Plan Review Land Uses & Zoning. The subject property is guided AGR – Agricultural Research by the comprehensive plan and zoned AG - Agricultural. The comprehensive plan identifies AG – Agricultural as the appropriate zoning. The AG – Agricultural district allows large scale mineral extraction as an interim use. Section 11-10-4-1 details the standards for large scale mineral extraction and identifies casting yards as ancillary use provided the site has an approved large scale mineral extraction permit. By 6 Ordinance, since the casting yard is planned to be in operation longer than ten (10) years, it must comply with site, lot, and building standards in Sections 11-4-16.F and G of the General Industrial district. Setback, Heights & Lot Standards. The applicant’s plans comply with the setback, height, and lot standards required for ancillary uses as detailed in the GI – General Industrial district. Technically, the subject property is located within the larger UMore property so the setbacks included in the table below are from the edge of that property. The building itself will be setback approximately 120’ from 158th Street West which is a private road not used by general public. Setback Standards for the GI – General Industrial District Standard Required Proposed Minimum Lot Area 5 Acres 27.6 Acres North (County Road 42) 75 ft. 5,600 ft. South (County Road 46) 50 ft. 1,270 ft. East (Akron) 30 ft. 360 ft. West (Biscayne) 50 ft. 5,200 ft. Maximum Building Heights 75 ft. 42 ft. Exterior Building Materials. The proposed building exceeds the exterior building materials standards for properties in the GI district. According to the ordinance, any exterior wall surface facing a public right of way or residential uses or district shall be constructed of a combination of glass, brick, natural stone, specialty integral colored concrete block (including textured, burnished, and rock faced block), tile (masonry, stone or clay), architectural textured concrete panels cast in place, precast concrete panels or better. All other wall surfaces shall be constructed of at least forty percent (40%) of these materials. The remaining sixty percent (60%) of these exterior wall surfaces may be finished steel or aluminum. Unadorned materials are prohibited. In this case, the building will be made 100% of smooth integral colored precast concrete panels on all four sides. Building Massing. Staff finds the design of the proposed building consistent with the building massing standards for the GI district. Facades facing a public right of way or residential use or district shall be articulated to reduce their mass and scale and provide visual interest consistent with Rosemount's identity, character, and scale. Large uninterrupted building walls or elevations are prohibited. Any wall facing a public right of way or residential use or district more than one hundred feet (100') in length shall be divided into increments of no more than fifty feet (50') through the articulation of the facade. This shall be achieved through combinations of divisions or breaks in the materials; arcades, entry features, window bays, or the like; variations in rooflines or slope plane; variation in building plane or setback or equivalent techniques approved by the city. In this case, the building walls are divided every 10’ by breaks in the individual precast concrete panels, every 15’ by a window and every 120’ by a change in texture. The front (south) elevation also includes an extension of the building for offices, a break room, and vehicle maintenance bays. Off-Street Parking. Parking requirements would be that for custom manufacturing uses, which in Section 11-6-1 requires 1 stall for every 300 square feet of building. The proposed building is 57,773 square feet requiring 193 stalls. The site plan show 49 off-street parking stalls including 2 handicapped spaces. The applicant has indicated that they would not need that amount of parking and the size of the building is a function of the activity inside the structure rather than the number of employees. Staff finds 7 the proposed amount of parking given the estimate number of employees is between 30 and 50 and the outdoor staging area can be converted to parking should additional stalls be needed. Staff is also requesting paving of the main circulation aisles associated with the casting yard. This would be the main north/south roads within the yard area to reduce dust and be appropriately maintained. Tree Preservation. In the initial approval for the large scale mining operation the breakdown of intended uses was as follows: The 170 acre AUF is roughly rectangular in shape and is located directly north of County Road 46 from Station Trail on the west to Akron Avenue on the east. The AUF would contain 45 acres of aggregate processing, 20 acres of asphalt production, 12 acres for a concrete product casting yard, 30 acres of concrete production, 8 acres for a vehicle and equipment facility, 5 acres for an office, 10 acres of ponding, 13 acres of recycled aggregate products (RAP), and 30 acres of existing trees that will be maintained. The accesses for the AUF are proposed to be Station Trail at County Road 46 and Akron Avenue at County Road 46. As noted above approximately 30 acres was to remain treed. The majority of the trees to remain were in the northwest area of the casting yard, adjacent to the future Akron Avenue alignment. There approximately 13 acres of trees were to remain. Most of these trees are now proposed to be removed. The applicant indicates that the trees were designated for preservation because the University said they were needed for research. Later, the University indicated they are not part of a research project. Although not needed by the University, the preservation is part of the original mining permit approval and is illustrated on all the plans from 2012. With the current proposal, the applicant is proposing to retain a strip of trees along the western portion of the tree grove with the remaining removed. Given these trees were proposed for preservation, staff is recommending the applicant address removal of the trees in the same manner as required for other developments in the community, through the tree preservation ordinance. This would require the applicant to identify the trees and species and calculate the amount of caliper inches to be replaced. Because of the mining activity, staff recommends the replacement occur along the new Akron Avenue corridor to allow for future screening of the collector road to the adjoining development. It is unclear how much replacement is needed by ordinance, but it would appear significant given the acreage currently treed. For this reason, staff is recommending that the tree preservation inventory and plan be compiled prior to City Council review. The ordinance requires an applicant may remove up to twenty five (25) percent of the caliper inches of significant trees before replacement is required. Tree removal beyond the twenty five (25) percent standard requires replacement at the ratio of one-half (0.5) caliper inch per one caliper inch removed. Replacement trees shall be of a similar species to those removed, but shall also be a minimum of twenty five percent (25%) conifers and twenty five percent (25%) deciduous hardwoods. Deciduous trees shall be no less than two and one-half (2.5) caliper inches while coniferous trees shall be no less than six feet (6') high Screening. The subject property meets the screening requirements for properties in the GI district. According to the ordinance, landscaping and berming shall be the primary source for screening parking and loading areas. Screening of parking is not at issue given its location on the site. Loading area screening is required to provide a minimum ninety percent (90%) opacity screen to a height of at least eighteen feet (18'). The truck loading and staging area will be screened to the north and west by existing trees and a 20’ berm while the 42’ high building will screen approximately two-thirds of the site’s south side. It is 8 important to note that the subject property is located within the larger UMore property and will not be visible from a public right-of-way. However, if Akron Avenue is installed within the designated corridor, the applicant is required to screen the exterior yard uses from the public views. This is a condition of approval. The previous approval stated: Year round 100% opaque screening with earthen berms and landscaping will be constructed as needed and measured from ground level to the first 30% of the overall height and 50% opaque to fifty percent of the overall height of the plant as viewed from eye level from surrounding right of way or roadways. Signage. The wall signage included in the applicant’s plans appears consistent with the wall sign standards for the GI district. Wall signs in the GI district all signs shall not exceed twenty percent (20%) of the total area of the wall on which the signs are affixed. All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. In this case, the applicant’s plans include an individual letter sign only on the front (south) side of the building. Ground signs for the entire Dakota Aggregates site are located at the Station Trail and Akron Avenue entrances from County Road 46 and were approved through a separate PUD. Wall signage for this site shall be approved though a separate administrative permit. Exterior Lighting. The applicant’s submittal includes a description of their proposed lighting but does not include a lighting plan. According to the applicant, the production facility will have downward directed external lighting in the parking and entry areas as well as around the exterior building walls. When lighting is required in the storage yard for yarding, loading, and transporting activities, portable light plants will be utilized. When yarding activities are idle, suspended, or delayed for extended periods and the light plant is not being utilized, it shall be shutdown. Staff recommends a condition of approval require the applicant to submit a lighting plan detailing the fixture type and photometric pattern for all exterior lighting. The previous approval requires lighting for nighttime operations be shielded to prevent lights being directed at traffic on public roads and the level of lighting will not exceed 1 lumen at the EIS boundary. Trash Enclosure. The applicant’s plans do not include information on how trash will be stored and removed. Staff recommends a condition of approval require the applicant to provide a narrative or plans that demonstrate trash will be store with in the building or a trash enclosure consistent with Section 5-1-3. Hours of Operation. The applicant requests the production facility operate 24 hours per day 5 days per week. These hours would accommodate a double shift and allow for off hour maintenance. According to the applicant, double shifts are not standard practice at Wells Concrete and would only be utilized during times of extreme demand. Yarding area hours of operations are requested to be 4 am to 9 pm, 5 days per week. Typical hours of yarding operations at other Wells facilities are 4:30am to 3-5pm. Yard operations are typically over much earlier than 9 pm. Wells Concrete also requests the ability to work up to 20 weekends through the course of the calendar year should operational tempo required it. Staging activities will occur one half hour before and one half hour after normal hours of operation. Staging activities include lining up and loading of trucks, equipment inspections, fueling, and other similar related actions. Trucks may enter the site within one half hour before the normal hours; however, no trucks may leave the site until normal hours of operation. Site clean-up and equipment maintenance may occur after the p.m. normal hours of operation and within one half hour past the p.m. normal hours of operation. 9 The anticipated hours of operation in 2012 were 24 hours, 7 days a week. However, that also anticipated that the casting yard was a 10-year operation not 30 years. The issue with the timing and hours of operation relates more to the impact on future residents that may settle in the area than the existing condition. Many of the regulations and conditions of approval associated with the mine and the ancillary uses are to mitigate potential impacts as the UMore property develops to urban standards. While staff is comfortable with the hours of operation proposed for the near-term, there is more concern about future activity and its relationship to potential urban development. A condition of approval notes that the hours of operation will be reviewed during the annual mining permit. If noise issues arise due to the operation of the casting yard during early morning or late evening hours, staff will bring this IUP forward and recommend operational changes. Domestic Wastewater. Portable bathroom facilities (porta-potties) will be located on the site during the construction. An Individual Sewage Treatment System (ISTS) will be utilized by the operator. The ISTS will be constructed in accordance with all applicable local and state regulations and all applicable local and state permits and regulations in regard to system installation and maintenance will be adhered to by the operator. Staff recommends a condition of approve require the ISTS be approved by the Building Official through a separate administrative permit. Noise. According to the applicant, the casting operation will generate minimal noise through the use of production equipment located entirely within an enclosed production facility. While staging, yarding, loading, and transporting operations will take place outside, circular traffic flows will be utilized to the maximum extent possible to prevent trucks from having to back up. However, in the event that operating equipment needs to back up within the site, OSHA approved white noise back up alarms, rather than single tone back up alarms, will greatly reduce noise nuisance. In addition to the OSHA approved “white noise” back up alarms, the proposed activity will be located within an area surrounded by earthen berms on the northern property line, and a stand of approximately 40 -50 foot tall trees on the northwestern property line. Moreover, the AUF operations are at least 1 to 1-3/4 miles away from the existing residential areas. Engineering Comments. The Engineering Department comments are detailed in the attached memo dated November 19, 2015. CONCLUSION & RECOMMENDATION Staff recommends approval of a 30 year interim use permit (IUP) allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine. This recommendation is based on the materials submitted by the applicant and the findings made in this report. Site Map for Wells Concrete Casting Facility Property Information November 18, 2015 0 1,750 3,500875 ft 0 525 1,050262.5 m 1:1 9,2 00 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. AS INDICATED St. Cloud, MN 56303 FAX: (320) 257-2725 TEL: (320) 257-2724325 N. 33RD AVE. SUITE 107 Principal Graeme H.D. Mahler, AIA A R C H I T E C T U R E10/22/2015 1531 AS INDICATED St. Cloud, MN 56303 FAX: (320) 257-2725 TEL: (320) 257-2724325 N. 33RD AVE. SUITE 107 Principal Graeme H.D. Mahler, AIA A R C H I T E C T U R E10/22/2015 1531 AS INDICATED St. Cloud, MN 56303 FAX: (320) 257-2725 TEL: (320) 257-2724325 N. 33RD AVE. SUITE 107 Principal Graeme H.D. Mahler, AIA A R C H I T E C T U R E10/22/2015 1531 AS INDICATED St. Cloud, MN 56303 FAX: (320) 257-2725 TEL: (320) 257-2724325 N. 33RD AVE. SUITE 107 Principal Graeme H.D. Mahler, AIA A R C H I T E C T U R E10/22/2015 1531 AS INDICATED St. Cloud, MN 56303 FAX: (320) 257-2725 TEL: (320) 257-2724325 N. 33RD AVE. SUITE 107 Principal Graeme H.D. Mahler, AIA A R C H I T E C T U R E10/22/2015 1531 AS INDICATED St. Cloud, MN 56303 FAX: (320) 257-2725 TEL: (320) 257-2724325 N. 33RD AVE. SUITE 107 Principal Graeme H.D. Mahler, AIA A R C H I T E C T U R E10/22/2015 1531 UMore Precast Concrete Production Facility INTERIM USE PERMIT APPLICATION City of Rosemount 1 Wells Concrete Products Company Concept of Operations UMore Park City of Rosemount October 17, 2015 1. Ancillary Use Facility Legal Description That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33, all in Township 115, Range 19, Dakota County, Minnesota, described as follows: Beginning at the southwest corner of said Southwest Quarter of Section 34; thence South 89 degrees 42 minutes 10 seconds East, assumed bearing along the south line of said Southwest Quarter of Section 34, a distance of 2192.17 feet; thence North 04 degrees 21 minutes 18 seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes 32 seconds West a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds West a distance of 266.72 feet; thence northeasterly 112.50 feet, along a tangential curve, concave to the southeast, having a central angle of 56 degrees 02 minutes 58 seconds and a radius of 115.00 feet; thence northerly 56.43 feet, along a non-tangential curve, concave to the east, having a central angle of 35 degrees 55 minutes 23 seconds, a radius of 90.00 feet and a chord which bears North 17 degrees 26 minutes 35 seconds West; thence North 00 degrees 31 minutes 07 seconds East, tangent to last described curve, a distance of 206.76 feet; thence northerly 83.26 feet, along a tangential curve, concave to the west, having a central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet; thence North 56 degrees 26 minutes 44 seconds East a distance of 45.08 feet; thence North 00 degrees 31 minutes 07 seconds East a distance of 299.38 feet; thence North 88 degrees 50 minutes 09 seconds West a distance of 537.90 feet; thence North 01 degrees 06 minutes 55 seconds East a distance of 542.56 feet to the following described line. Commencing at the northwest corner of said Southwest Quarter of Section 34; thence South 00 degrees 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 of 6.69 feet; thence South 24 degrees 59 minutes 14 seconds East a distance of 32.37 feet; thence South 38 degrees 36 minutes 54 seconds East a distance of 58.76 feet; thence South 24 degrees 49 minutes 30 seconds East a distance of 21.39 feet; thence South 08 degrees 35 minutes 01 seconds East a distance of 17.27 feet; thence South 01 degrees 13 minutes 27 seconds East a distance of 55.61 feet; thence South 20 degrees 01 minutes 53 seconds East a distance of 40.77 feet; thence South 20 degrees 03 minutes 43 seconds East a distance of 111.64 feet; thence South 15 degrees 03 minutes 51 seconds East a distance of 118.93 feet; thence South 27 degrees 25 minutes 38 seconds 2 East a distance of 247.59 feet; thence South 21 degrees 09 minutes 19 seconds East a distance of 78.57 feet; thence South 18 degrees 19 minutes 12 seconds East a distance of 190.08 feet; thence South 26 degrees 25 minutes 05 seconds East a distance of 227.06 feet; thence South 46 degrees 46 minutes 51 seconds East a distance of 98.15 feet; thence South 33 degrees 47 minutes 16 seconds East a distance of 171.67 feet; thence South 23 degrees 42 minutes 30 seconds East a distance of 90.20 feet; thence South 17 degrees 56 minutes 04 seconds East a distance of 178.92 feet; thence South 17 degrees 54 minutes 28 seconds East a distance of 132.38 feet; thence South 25 degrees 39 minutes 33 seconds East a distance of 126.20 feet; thence South 30 degrees 29 minutes 59 seconds East a distance of 103.92 feet; thence South 28 degrees 45 minutes 36 seconds East a distance of 250.67 feet to the south line of said Southeast Quarter of Section 33; thence North 89 degrees 34 minutes 22 seconds East, along said south line, a distance of 1060.22 feet to the point of beginning. EXCEPT that part lying southerly of north right of way line of County State Aid Highway No. 46 per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 253 and DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 254, according to the recorded plats thereof, Dakota County, Minnesota. OVERALL GROSS AREA AUF: 171.86 Acres NET USABLE AREA AUF: 100.30 Acres GROSS AREA CASTING YARD: 27.60 Acres NET USABLE AREA CASTING YARD: 23.66 Acres 2. Land Owner: Regents of the University of Minnesota UMore Development LLC 230 McNamara Alumni Center 200 Oak Street S.E. Minneapolis, MN 55455 Applicant: Wells Concrete Products Company 210 Inspiration Lane Albany, MN 56307 Operator: Wells Concrete Products Company 210 Inspiration Lane Albany, MN 56307 3. Names and Addresses of All Adjacent Landowners within ¼ of a Mile Please see attached list. 3 4. Existing land use designations on the subject property and zoned properties within 1/4 mile: The existing land use within the proposed mining area is agricultural research. Residential zoning is present on the north side of County Road 42. Agricultural/Public Institutional uses are present to the south and to the east with the majority of this agricultural land being owned by the Regents of the University of Minnesota. Business and Industrial zoning lies to the west of the proposed mining site as well as Agricultural zoned land. 5. Introduction and Purpose of the Proposed Activity: Wells Concrete Products Company (Wells Concrete and applicant/operator) is applying for an interim use permit on land within UMore Park which is located in the City of Rosemount. Wells Concrete is proposing to operate a pre-stressed concrete operation which will produce construction grade concrete products. The pre-stressed concrete products to be produced are hollowcore and double tees. The proposed site plan and subsequent construction of the operation will include clearing and grubbing, relocation of surface soils and stockpiling of topsoil and berm and swale construction, and construction of the production facility and yarding area. Please see attached site plan for specific details. It is estimated that the proposed activity will provide approximately 30, to as many as 50, new jobs to the community of Rosemount. The positions will be in the areas of management, manufacturing labor, and yarding labor. The activity will produce hollowcore and double tees precast members. The quantity of products produced will be dependent upon market demands for said products and as such the number of employees will ebb and flow with market demands. All production activities will take place almost entirely inside the production facility (Please see attached drawings for dimensions and positioning of the production building relative to the site). All concrete used within the production facility will be provided by Cemstone’s preexisting batching facility located across the street from the proposed activity. There will be no need to construct a batching facility unique to this facility. Once the product is produced, it will be transported by truck and trailer outside the production facility to the yarding area depicted on the site plan where it will be temporarily stored while it awaits transport to its unique project. Product in the yard will be stored in a highly organized and safe manner. Hollowcore product will be stacked no more the 15 feet high and double tee members will be stacked no more than 15 feet high. There are 6 phases of operations within the proposed activity. 1. Setup 2. Production 3. Stripping 4. Yarding 5. Loading 6. Transport Setup Setup is the first phase of production and takes place entirely inside the production facility. This phase includes form cleanup, form preparation, and form layout for proposed precast members to be produced. 4 Production Production of the actual precast members is also done almost entirely within the production facility. Once set up complete, the production team will order ready mixed concrete which will arrive across the street to inside the facility via Ready Mix truck and Tucker Concrete Delivery Trucks 5 Operation of ready mix trucks and Tucker Trucks is approximately four hours (half the duration) of any 8 hour shift. The delivery vehicles travel from the batching facility across the street to inside the production facility, place the concrete into the appropriate piece of production equipment, return to the batching facility, and repeat until production is compete. The concrete will remain in the production facility and cure until it is time to commence stripping. There are times when some post production detailing, such as cutting, may need to take place outside the production facility. However, this type of detailing is uncommon and if needed is often performed at the jobsite to insure precise measuring, cutting and fitment. Stripping and Yarding After the concrete has cured to a specified strength, the product is ready to be stripped (removed) from the form or bed, placed on a flatbed trailer and then transported to the yarding area where it will await shipment. The products will be place on the trailer by overhead crane located within the production facility and removed from the trailer by means of either a Mi-Jack for double-tees or a specialized forklift for hollowcore. Please note the first picture is simply to illustrate the specific piece of equipment: Mi-Jack Cranes. The second picture illustrates typical double tee yarding practices. 6 The forklift depicted below is typical of the size and type used within our industry. The forklift will be fitted with specialized forks which safely secure the precast members on the forks until the operator releases the product. 7 Below is typical hollowcore product and yarding techniques. Loading and Transport After the product is produced, stripped, and yarded it will wait for scheduled loading and transport to the jobsite. Typical loading consists of a truck moving into position alongside the product where the Mi-Jack Crane will then hoist the product onto the trailer. Once the product has been secured to the trailer it will be moved to the staging area where it will await its scheduled departure. Typical lead times required by erection crews require that departing loads be staged at least one day prior to departure. The photographs below depict typical double tee and hollowcore loading and trucking techniques as intended at the proposed activity. 8 9 Transport of the product will be accomplished by trucking. 10 6. List of vehicles and equipment to be used on site: Mi-Jack Cranes Overhead Cranes Hollowcore production equipment Tucker Trucks Ready Mix Trucks Tractor Trailer Trucks Specialized Fork Lift(s) Concrete saw(s) Yard trucks (pick-up trucks) Concrete finishing equipment Welding equipment Water Truck Snow removal equipment 7. Other Required Operating Permits - Dakota County Well Permit - Dakota County Septic Permits - Minnesota NPDES Permit (In Place Permit # MNG490289) 8. Names of Highways, Streets, or other Public Roadways within the City upon which the Material will be Transported: Akron Avenue, County Road# 42, County Road# 46, County Road# 3, and State Highway# 52. 9. Access Location and Loads per day The access point to and from the AUF will occur at the intersection of County Road #46 at Akron Avenue. Anticipated trucking levels are approximately 50 loads per day at peak operational tempo. Typical load levels for average operational tempo would be in the 20-30 loads per day. 10. Description, Location and Construction of all wells Please refer to site plan for the location of the proposed well. Forecast water consumption is approximately 2,000 gallons per week. 11. Spill Prevention Control and Containment Plan (SPCC Plan) Federal law requires compliance with 40 CFR 112 for facilities storing more than 1320 gallons of above petroleum. The proposed activity is in compliance all federal, state, and local directives and covered under the SPCC plan already in place for the UMore AUF. 12. Environmental Contingency Plan The Dakota Aggregates approved Environmental Contingency Plan is attached and the Casting Yard facilities will follow this plan. 13. Truck Washing (Accessory Use) Truck washing/rinsing will take place at the Cemstone ready-mixed concrete facility. 14. Minor Vehicle and Mining Equipment Maintenance(Accessory Use) Minor vehicle and production equipment maintenance will mainly occur inside the production facility. Routine maintenance on equipment too large to fit in the production facility will take place outside the production facility an in accordance with UMore AUF directives. 15. Storage of Machinery used daily in the Extraction Area(Accessory Use) 11 Only equipment utilized by the proposed activity will be stored on the activities site. All equipment will be stored in an orderly fashion during off hours. All equipment will be well kept and maintained to high quality standards. Equipment utilized in the proposed activity will include Hollowcore production equipment, Mi-Jack cranes, interior overhead cranes, exterior light plants, tractor trailer trucks, Ready Mix trucks, Tucker trucks, concrete finishing equipment, concrete saws, and snow removal equipment. 16. Setbacks: Setback boundaries shall be as follows. In the case that the setbacks are measures from zoning district boundaries that occur along a public street right-of-way, the zoning district boundary is assumed to be the centerline of that public right-of-way. a. Residential Zoning District: 350 feet b. Industrial, Commercial, or Institutional Zoning District: 150 feet c. Agricultural Zoning District: 30 feet d. Inhabited Residence: 200 feet e. Right of way, Streets, and City easements: 75 feet f. Pre existing water bodies: 150 feet 17. Height: Max height of the production building is 42’. 18. Hours of Operation Production Facility: 24 hours – 5 days per week. All activity takes place WITHIN the production building. These hours would accommodate a double shift and allow for off hour maintenance. Double shifts are not standard practice at Wells Concrete and would only be utilized during times of extreme demand. Yarding Area of Operations: 4 am to 9 pm. 5 days per week. Typical hours of yarding operations at our other production facilities are 4:30am to 3-5pm. Yard operations are typically over much earlier than 9pm. Snow Removal Operations: 24-7 Weekend Operations: Wells Concrete would requests the ability to work up to 20 weekends through the course of the calendar year should operational tempo required it. Weekend operations are very rare in Wells Concrete. 19. Staging Activities Staging activities will occur one half hour before normal hours and one half hour after normal hours of operation. Staging activities include lining up and loading of trucks, equipment inspections, fueling, and other similar related actions. Trucks may enter the site within one half hour before the normal hours; however, no trucks may leave the site until normal hours of operation. After the p.m. normal hours of operation and within one half hour past the p.m. normal hours of operation, site clean up and equipment maintenance may occur as well. 12 20. Noise The casting operation will generate minimal noise through the use of production equipment located entirely within an enclosed production facility. Staging, yarding, loading, and transporting operations will take place on the property. Circular traffic flows will be utilized to the maximum extent possible to prevent trucks from having to back up. However, in the event that operating equipment needs to back up within the site, OSHA approved white noise back up alarms, rather than single tone back up alarms, will greatly reduce noise nuisance. In addition to the OSHA approved “white noise” back up alarms, the proposed activity will be located within an area surrounded by earthen berms on the northern property line, and a stand of approximately 40 -50 foot tall trees on the northwestern property line. Moreover, the AUF operations are at least 1 to 1-3/4 miles away from the existing residential areas. 21. Paved Access Roads/ Dust Control: Paving is depicted on the site plan and dust control will be done in accordance with applicable local codes and ordinances. 22. Industrial Waste Water and Water Pumping Activities The proposed activity will produce very little waste water as a byproduct of its operation. All waste water for washout of Ready Mix and Tucker trucks will be handled at Cemstone’s waste water facility. Waste water produced during the cutting of precast members will flow by means of interior gutters to a waste water weir pit constructed of concrete and located within the proposed production facility. When the waste water reaches an adequate level it will be removed, transported via tanker trunk, and processed at the Cemstone wastewater facility located within UMore AUF. 23. Drainage characteristics and erosion control Refer to site plan 24. Domestic Wastewater Portable bathroom facilities (porta-potties) will be located on the site during the construction phase of the proposed activity. An Individual Sewage Treatment System (ISTS) will be utilized by the operator. The ISTS will be constructed in accordance with all applicable local and state regulations and all applicable local and state permits and regulations in regard to system installation and maintenance will be adhered to by the operator. 25. Topsoil: Topsoil located on the site before the excavation operations begin will remain within UMore Park boundaries of the operation. 26. Maintenance of Vehicles All machinery will be kept operational. Abandoned machinery and rubbish will not be present at the activities site. All Machinery will be periodically inspected, repaired, and painted as needed. 27. Lighting: The production facility will have downward directed external lighting in the parking and entry areas as well as around the exterior walls. When lighting is required in the storage yard for yarding, loading, and transporting activities portable light plants will utilized. See below for typical light station: 13 All lighting will be directed away from traffic on a public road in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic sign or signals. When yarding activities are idle, suspended, or delayed for extended periods and the light plant is not being utilized, it shall be shutdown. MEMORANDUM DATE: November 19, 2015 TO: Kim Lindquist, Community Development Director CC: Patrick Wrase, Director of Public Works/City Engineer Kyle Klatt, Senior Planner Amy Roudebush, Planning and Personnel Secretary FROM: Mitch Hatcher, Project Engineer RE: Wells Concrete Engineering Review SUBMITTAL: Submittal prepared by Wells Concrete Products Company and James R Hill, Inc. Site Plans prepared by James R Hill, Inc. are dated October 26, 2015. Engineering review comments were generated from the following documents included in the submittal: Site plans (13 sheets) including: o Title Sheet o Overall Site Plan o Existing Conditions o Grading, Drainage, and Utility Plan o Sight Line o Traffic Flow o Details SITE PLAN COMMENTS: 1. In the site plan submittal for the overall UMore Park Mining Operation, a potential future Akron Avenue corridor was identified. This site plan shall be in accordance with that plan, alignment, and requirements. 2. It is recommended that the main truck traffic drive lanes be paved, as opposed to the currently proposed gravel surface. 3. Retaining walls exceeding 4’ in height shall require a plan prepared by a licensed engineer submitted for review and approved by the building official prior to permit issue. 4. Erosion and sediment control shall be in accordance with the SWPPP and is the responsibility of the owner/contractor. Specific erosion control practices should be identified for site mass grading to preserve storage in basins. Owner should be required to dredge accumulated material out of the NURP basin at the completion of construction if it is determined that adequate treatment volume is no longer available. 5. Typically the maximum allowable slope is 4:1 (Horizontal:Vertical). Maximum slopes of 3:1 are allowed or this site. STORMWATER MANAGEMENT: 6. Note: The overall UMore Park Mining Operation site stormwater management plan was reviewed August 22, 2012 and September 20, 2012. 7. Drainage and utility easements should be shown on the grading plan. Easements are required for all outletted basins, ditches, and overflow routes encompassing the basin’s 100-yr HWL. 8. Show HWLs for ditch/basins along south and northern boarders of the site. 9. Hydraulic calculations should be updated to show modifications to the Site Plan since the September 17, 2012 submittal. 10. Proposed condition hydraulic model should be provided for review to evaluate the sizing of the outlet control structure (OCS) on the north end of the Site. 11. Drainage area map should be provided to show the areas sub watersheds draining north and south on the site. 12. Developer should evaluate grading the channel draining to OCS #1 with a continuous slope to the outlet vs. a high point in front of the OCS. This will allow the ditch to drain into the NURP basin for easier maintenance of the ditch and reduce standing water. Unsure if this is intended to provide spill containment? 13. For 36” outlet pipe from OCS #1 – Steel sheet pile and concrete grouted riprap shall be installed at all pipe outlets 21” in diameter of larger per the Current version of the FES Sheet Piling and Grouted Riprap at Outlets details in the City’s General Specifications and standard details. Add copy of detail to sheet 7.1. 14. Add call out to tie last 3 pipe sections to FES on the storm sewer from OCS #1 into the NURP Pond. 15. 100-yr, 24-hr storm event storage volume will be provided in the NURP ponding/infiltration area to the east. Any alterations in drainage areas or storage requirements should be noted in revised stormwater calculations. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING THE INTERIM USE PERMIT TO DAKOTA AGGREGATES FOR LARGE SCALE MINERAL EXTRACTION WHEREAS,the City of Rosemount received an application from Dakota Aggregates LLC for an Interim Use Permit(IUP) to allow sand and gravel mining, mining accessory uses,and the potential to apply for separate interim use permits for ancillary uses concerning property legally described as: That part South Half of Section 28,Township 115,Range 19,Dakota County,Minnesota, lying westerly of the following described line; Commencing at the northeast corner of the Southeast Quarter of said Section 28;thence South 89 degrees 48 minutes 43 seconds West, assumed bearing along the north line of said Southeast Quarter,a distance of 1058.90 feet to the point of beginning of the line to be described;thence South 18 degrees 23 minutes 48 seconds West a distance 1211.64 feet; thence South 07 degrees 11 minutes 26 seconds East a distance of 1472.46 feet;thence South 75 degrees 07 minutes 52 seconds East a distance of 126.03 feet to the south line of said Southeast Quarter and there terminating. EXCEPT the plat of UNIVERSITY ADDITION, said Dakota County. AND Section 33,Township 115,Range 19,Dakota County,Minnesota;EXCEPT the East 133.00 feet of the North 549.43 feet of the Southeast Quarter of said Section 33;EXCEPT the East 133.00 feet of the South 930.25 feet of the Northeast Quarter of said Section 33;also EXCEPT that part of said Northeast Quarter described as follows: Beginning at the northeast corner of said Northeast Quarter,thence South 00 degrees 11 minutes 58 seconds West,assumed bearing along the East line of said Northwest Quarter,a distance of 800.63 feet;thence North 81 degrees 23 minutes 25 seconds West a distance of 40.76 feet;thence North 38 degrees 17 minutes 54 seconds West a distance of 819.06 feet; thence North 75 degrees 07 minutes 52 seconds West a distance of 580.25 feet to the north Line of said NorthwestQu arter,thence North 89 degrees 51 seconds 14 seconds East, along said north line,a distance of 1111.53 feet to the point of beginning. AND That part of the Northwest Quarter of Section 34,Township 115,Range 19,Dakota County, Minnesota,described as follows: Commencing at the northwest corner of said Northwest Quarter;thence South 00 degrees 11 minutes 58 seconds West,assumed bearing along the west line of said Northwest Quarter,a distance of 800.63 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 11 minutes 58 seconds West, along said west line,a distance of 912.75 feet;thence North 89 degrees 51 minutes 14 seconds East a distance of RESOLUTION 2012- 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 654.21 feet to the point of beginning. AND That part of the Southwest Quarter of Section 34, Township 115,Range 19,Dakota County, Minnesota, lying southerly of the following described line: Commencing at the northwest corner of said Southwest Quarter,thence South 00 degrees 11 minutes 58 seconds West,assumed bearing along the west line of said Southwest Quarter, a distance of 549.45 feet to the point of beginning of the line to be described;thence South 89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said Southwest Quarter and there terminating And lying westerly,northwesterly and northerly of the following described line: Commencing at the southwest corner of said Southwest Quarter,thence South 89 degrees 42 minutes 10 seconds East,along the south line of said Southwest Quarter,a distance of 2192.17 feet to the point of beginning of the line to be described;thence North 04 degrees 21 seconds 18 seconds East a distance of 142.12 feet;thence North 01 degrees 12 minutes 32 seconds West a distance of 368.88 feet;thence North 01 degrees 58 minutes 09 seconds West a distance of 266.72 feet;thence northeasterly 194.60 feet, along tangential curve, concave to the southeast,having a central angle of 96 degrees 57 minutes 13 seconds and a radius of 115.00 feet;thence South 85 degrees 00 minutes 56 seconds East tangentent to last described curve a distance of 157.25 feet;thence easterly 99.70 feet along a tangential curve concave to the north,having a central angle of 09 degrees 25 minutes 45 seconds and a radius of 605.84 feet;thence northeasterly 100.73 feet,along a reverse curve,concave to the northwest,having a central angle of 56 degrees 01 minutes 50 seconds and a radius of 103.00 feet to the west line of said Southwest Quarter and said line there terminating. WHEREAS on August 28 2012,and September 25 2012 the Planning Commission of the CitY of Rosemount held a public hearing to review the IUP request from Dakota Aggregate; and WHEREAS,the Planning Commission adopted a motion recommending that the City Council approve the interim use permit to allow sand and ravel mining, mining accessory uses and thePPPgggrY potential to apply for separate interim use permits for ancillary uses;and WHEREAS,the Planning Commission adopted a motion recommending that the City Council approve the Interim Use Permit subject to conditions;and WHEREAS, on December 18,2012,the City Council of the City of Rosemount reviewed the Planning Commission's recommendations;and 2 RESOLUTION 2012- WHEREAS, on December 18,2012,the City Council of the City of Rosemount approved the interim use permit allowing allow sand and gravel mining, mining accessory uses,and the potential to apply for separate interim use permits for ancillary uses; and NOW,THEREFORE, BE IT RESOLVED,the Council of the City of Rosemount hereby approves the IUP for Dakota Aggregates LLC to allow sand and gravel mining, mining accessory uses,and the potential to apply for separate interim use permits for ancillary uses, subject to the following conditions: 1. The University of Minnesota shall grant to the City,its agents,employees, officers and contractors and to any surety of Dakota Aggregates LLC performing Dakota Aggregate LLC's obligations and the agents,employees,officers and contractors of the surety an irrevocable license,in a form approved by the City Attorney,to enter the Property to perform all work and inspections deemed appropriate by the City to enforce conditions imposed on the University to the extent the University engages in mineral extraction, or Dakota Aggregates,LLC in connection with permitting of mining operations on the Property, including work that the City elects to perform or requires the surety to perform as a result of the pennitee's default. This license shall continue in effect until all mining operations on the Property are complete and all conditions imposed by the City have been complied with. 2. The design of the monitoring wells shall be reviewed and approved by the City's consulting hydrogeologist before the monitoring wells can be installed. Dakota Aggregates will provide the boring log in the location of the monitoring well and proposed well construction including screening interval and sampling method to assist the review. The City may revise the proposed well construction based on field observation during the well boring. The City may require a nested monitoring well if an adequate screening interval and sampling method cannot be provided through a single well. The City may require changes to the monitoring well sampling if future City well pumping result in changes to the.groundwater flow pattern. 3. Mining within any phase that would expose the groundwater will not be permitted before additional borings are conducted in the deepest areas of the proposed lake to confirm that a minimum of fifteen(15) feet of separation between the mining and the bedrock Mining can occur within two (2) feet of the groundwater prior to testing occurring. 4. Protection equipment that is installed on hauling trucks,such as covers for the truck beds, shall be used while traveling on public roads.Non-use will be considered a violation of the permit condition. 5. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 6. Mining in Dry Mining Phases 1 through 7 may not occur beyond 2028. Reclamation of Dry Mining Phases 1 through 7 must be completed by December 31,2028,including grading in accordance with the end use plan as depicted on plan sheet 4.01 prepared by James R.Dill, Inc. dated 6/26/12,Project No. 22632,unless some other grading plan is approved by the City. 7. An Interim Use Pen-nit for the casting yard shall not be allowed beyond December 31,2022. 8. Execution of,and continuing compliance with the terms of,a Letter Agreement with the University of Minnesota that includes a 25% contribution up to $100,000 (based on current estimated cost) to the stoplight installation at Biscayne Avenue and County Road 42 and a 50% contribution up to $1.2 million(based upon current estimated cost) to the improvement of Biscayne Avenue from Boulder Trail to County Road 46. Execution of a 3 RESOLUTION 2012- Public Improvement Agreement with Dakota Aggregates that includes a 25% contribution to the stoplight installation at Biscayne Avenue and County Road 42 if Dakota Aggregates uses the Boulder Trail access. 9. Revise Sheet 1.07 to display access Ni at the intersection of Biscayne Avenue and Boulder Trail. 10. A City grading permit is required prior to construction of the haul route from Northern Dry Mining area to Akron Avenue. 11. Access permits are required for any access route connection to a public roadway from the jurisdictional agency in control of the public roadway. 12. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. 13. Berniing and landscaping consistent with ordinance criteria is be required on the east boundary of Dry Mining Sub-Phases 10B, 11A,and 11B; and required on the north boundary of Dry Mining Sub-Phase 11B. 14. The End Use Grading Plans for Dry Mining Sub-Phases 5B and 6B shall be submitted and approved before the Annual Operating Permit would be issued for those sub-phases. 15. No Annual Operating Permit for Dry Phases 8,9, 10 and 11 shall be issued until an End Use Grading Plan for Dry Mining Phases 8,9, 10 and 11 is reviewed and approved by the City Council. 16. A gate and thirty(30) feet of fencing on each side of the gate shall be installed at the entrance of each access route. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock 17. Provide an End Use Grading Plan for the Ancillary Use Facility(AUF) area. 18. The path of any road licensed vehicles using the concrete processing,asphalt processing,and vehicle maintenance facility shall be paved with curbing per the City Code. 19. Conformance with the City Engineer's Memorandum dated September 20,2012. 20. The University of Minnesota(or designated entity) shall obtain approval and/or concurrence from the MPCA regarding completion of appropriate investigations and/or actions taken in response to identified releases of hazardous substances,pollutants or contaminates as defined under Minn. Statute 115B,and as deemed reasonable and necessary by the MPCA. 21. Within the Environmental Contingency Plan, add Dakota CountyEnvironmental Management to the initial notification list (including the University,the environmentalggtY consultant,and the City) if potentially hazardous/unsafe conditions are discovered. 22. Within the Environmental Contingency Plan, add beryllium,cyanide,and thallium to the chemicals tested for in the groundwater monitoring samples. 23. A wetland conservation act permit and wetland mitigation plan must be approved before an annual operating permit can be issued for any phase with a wetland. 24. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines,transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. 25. Dakota Aggregates shall abandon and remove the obsolete Metropolitan County sanitary sewer line before an Annual Operating Permit can be issued within any mining phase containing that old sewer line. 4 RESOLUTION 2012- 26. All costs of processing the permit, including but not limited to planning fees,engineering fees and legal fees,shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. 27. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs,damages or expenses, including but not limited to attorneys fees that the City may pay or incur in consequence of such claims. 28. Complete mining and interim reclamation per each designated sub-phase is required before any additional mining beyond the initial 80 acres in anyone area is authorized. Additional mining Sub-Phases will be allowed equal to the Sub-Phase reclaimed. Modifications or expansion of the mining areas must be approved in writing to the City. 29. No mining activity will occur within fifteen (15) vertical feet of bedrock 30. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion,noise and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. 31. Compliance with Dakota County Ordinances No. 110 and 111,as well as all other applicable Federal,Minnesota,Dakota County,and Rosemount regulations. Soil materials in the Property will be managed in accordance with the Minnesota Pollution Control Agencys Best Management Practices(BMPS)for the Off-Site Reuse of Unregulated Fill. 32. Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty(60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates shall identify all operators prior to their commencement of mineral extraction- related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. 33. Dakota Aggregates shall comply with all the mitigative measures identified in the previously completed Mining EIS and the current mining application associated with issues such as noise,dust,traffic,screening,berming and landscaping except where the conditions of approval modify the proposed measures.Any action not expressly requested and permitted by this approval is not allowed by the applicant.Failure to comply with all application commitments is a violation of the permit and is subject to enforcement actions per the City Code. 34. Submit a Quality Assurance Project Plan that has been approved by the Minnesota Pollution Control Agency in accordance with ANSI/ASQC E4-1994. 35. The City of Rosemount shall have the ability to collect independent soil and water samples. 36. Dakota Aggregates shall provide the City of Rosemount notification of well sampling two weeks in advance of the testing. 37. Dakota Aggregates shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. 5 RESOLUTION 2012- ADOPTED this 18`h day of December,2012 by the City Council of the City of Rosemount. William H.Droste,Mayor ATTEST: Amy Domeier,Gty Clerk 6 2013 Large Scale Mineral Extraction Annual Operating Permit Agreement for Dry/Wet Mining Phase 1A DAKOTA AGGREGATES,LLC A. Dakota Aggregates, LLC (hereinafter the Operator") signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit. B. The term of the permit shall extend from November 6, 2012 until December 31, 2013 unless revokedrior to that for failure to comply with the permit requirements.p p C. Mining in Wet/Dry Mining Phase I shall be limited to from 6 a.m. to 10 p.m. Monday through Friday and from 7 a.m. to 7 p.m. on Saturday. The Community Development Director may authorize Sunday operation from 8 a.m. to 5 p.m. on no more than five(5) Sundays in 2013 provided the operator notifies the Community Development Director no less than 72 hours before a Sunday operation. D. The designof monitoring wells RMW-3 and RMW-4 shall be reviewed andg approved by the City's hydrogeologist consultant before the monitoring wells can be installed. Dakota Aggregates will provide the boring log in the location of the monitoring well and proposed well construction including screening interval and sampling method to assist the review. The City may revise the proposed well construction based on field observation during the well boring. The City may require a nested monitoring well if an adequate screening interval and sampling method cannot be provided through a single well. E. Protection equipment that is installed on hauling trucks, such as covers for the truck beds, shall be used while traveling on public roads. Non-use will be considered a violation of the permit condition. F. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. G. Dakota Aggregates shall receive an access permit for County Road 46 from Dakota County. H. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. I. A gate and thirty(30) feet of fencing on each side of the gate shall be installed at the Station Trail access. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. 2013 Annual Operating Permit Dakota Aggregates,LLC 2of6 J. Conformance with the City Engineer's Memorandum dated September 20, 2012. K. The University of Minnesota(or designated entity) shall obtain approval and/or concurrence from the MPCA regarding completion of appropriate investigations and/or actions taken in response to identified releases of hazardous substances, pollutants or contaminates as defined under Minn. Statute 1158, and as deemed reasonable and necessary by the MPCA. L. Dakota Aggregates shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After Dakota Aggregates has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at Dakota Aggregates' expense. In the event of a traffic hazard as determined by the City Administrator(or the Administrator's designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Dakota Aggregates' expense without prior notification. M. No topsoil shall be removed from the site unless Dakota Aggregates can demonstrate that there is topsoil in excess of the amount needed to reclaim the End Use Grading Plan with at least six (6) inches of topsoil. Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. N. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. O. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. P. Dakota Aggregates shall deposit with the Planning Department a surety bond or cash deposit in the amount of One Hundred Eighty Nine Thousand Nine Hundred Dollars 189,900) 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 resolution and City ordinances by Dakota Aggregates. 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. 2. Satisfactory to the City Attorney in form and substance. 2013 Annual Operating Permit Dakota Aggregates,LLC 3 of 6 3. Conditioned that Dakota Aggregates 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 the Administrator's designee) or any other City officials. 4. Conditioned that Dakota Aggregates will secure the City and its officers harmless against any and all claims, 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 Dakota Aggregates. 5. The surety bond or cash escrow shall remain in effect from November 21, 2012 until July 31, 2014. Once the interim reclamation grades and the vegetation have been established and approved by the City, the bond may be reduced by One Hundred Twenty Six Thousand Six Hundred Dollars ($126,600=25.32 acres times $5,000 per acre). Once the end use grading grades and the vegetation have been established and approved by the City, the bond may be reduced by Sixty Three Thousand Three Hundred Dollars ($63,300=25.32 acres times $2,500 per acre). 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 deposit during the term of this permit in order to insure that the City is adequately protected. Q. A landscape security of$25,575 (93 trees times $250 per tree times 110°/a) shall be provided. After the trees have been established, $23,020 90% of the landscapingp security can be released. The final $2,555 (10%) shall be maintained through the existence of the berm for Sub-Phase 1A to ensure that as trees die, that those trees are replaced. The landscaping security shall be in the form of a letter of credit in favor of the City or cash escrow. R. Dakota Aggregates 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 any one occurrence and 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 November 21, 2012 until July 31, 2014. S. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. 2013 Annual Operating Permit Dakota Aggregates,LLC 4of6 T. Dakota Aggregates 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. After said written report is submitted, the City shall perform an inspection of the site to confirm compliance with the conditions within the Annual Operating Permit. U. Reclamation requires the replacement of the stockpile of topsoil to the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control, provided also that the minimum depth of topsoil shall not be less than six (6) inches after reclamation. No restored slopes may exceed the gradients shown on Interim Reclamation Plan. V. No mining activity will occur within fifteen(15)vertical feet of bedrock. W. Dakota Aggregates shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. X. If not utilized by the University of Minnesota for agricultural purposes, fully reclaimed areas will be permanently seeded within 14 days of final completion. All disturbed non-operating areas not utilized by the University of Minnesota for agricultural purposes shall be seeded at a minimum of once per year, prior to October 1 with MnDOT seed mix 130B. Operating areas including work faces, material stockpiles, haul roads, staging areas, and active reclamation areas are not required to be seeded. Y. Dakota Aggregates shall submit quarterly to the City documentation of the Barr Engineering, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing with documentation verifying the source and quantity of the haul-back"material. These reports shall be provided within fourteen(14) days after the end of the quarter. Z. Dakota Aggregates shall submit an incidence report to the City within three days of any testing that fails for contamination or hazardous materials, or will not produce a normal moisture-density relationship for compaction. AA.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. BB. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion, noise and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency and proposed in the submitted LSME application to the City. 2013 Annual Operating Permit Dakota Aggregates,LLC 5 of 6 CC. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal, Minnesota, Dakota County, and Rosemount regulations. Soil materials in the Property will be managed in accordance with the Minnesota Pollution Control Agency's Best Management Practices (BMPS)for the Off-Site Reuse of Unregulated Fill. DD.Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty(60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates shall identify all Operators prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. EE. Dakota Aggregates shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. IN WITNESS WHEREOF, Dakota Aggregates, LLC, the Operator, hereby consents and agrees to the foregoing conditions of said Annual Operating Permit this day of 20_. Dakota Aggregates,LLC By: Tim Becken, Its Chief Manager STATE OF MINNESOTA ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of 20 ,by Tim Becken, Chief Manager of Dakota Aggregates, LLC, the Operator, on behalf of the Corporation. Notary Public i:s"''f+°` O P'f'/iQ9i aA'fes'!t'3M.!J}Y:S F•lylt iCl,fF:i"'sfY. 'sb} tF rFC4-38R`:Si}7rA»i 411 Y XamsoSHOJl31tlS / S3N3 / S2t3rtt Yl dC+IIS /ltQ1CM 3SIS '=IYAO 3oxasome00 rrf,*t 1 n F s asf•. 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