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Mineral Extraction Permit Phasing Plan Update for Shafer Contracting Co 04-73-MECITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date, Februa 15, 2005 AGENDA ITEM: Mineral Extraction Permit Phasing Plan Update AGENDA SECTION: for Shafer Contracting Co 05 -73 —ME Consent PREPARED BY: Rick Pearson, City Planner AGEND NO ATTACHMENTS: Draft 2005 Mineral Extraction Conditions of APPROVE BY: Operation, Location map, revised phasing plan, p revious phasing Ian RECOMMENDED ACTION: Motion to approve the updated phasing plan for Shafer Contracting Co Inc and the revisions to the 2005 operating conditions ACTION: ISSUE Scott Spisak representing Shafer Contracting Co Inc requests that the City approve the updated phasing plan for Shafer Contracting The attached permit conditions of operation will be revised to reflect the advancement into the phase 4 area This item is essentially an update with a minor modification to the permit conditions (Paragraph B) It does not materially change the reclamation plan, and therefore does not require a public hearing and Planning Commission recommendation. BACKGROUND Applicant Property Owner(s) Location Area in Acres. Comp Guide Plan Desig Current Zoning Nature of request Status of permit. Shafer Contracting Co, Inc Approximately 12500 Rich Valley Blvd mile west of County Road 71, and 1 mile north of County Road 38 (135` Street West) 93 total acres, 15 acres in current phase, now in Phase 4, with processing of stockpiles occurring on the west half of the phase 3 area. Agriculture Agriculture Annual renewal Renewed for 2005 on November 16, 2004 SUMMARY In 2000, Shafer Contracting Co Inc purchased the 90 -acre property from the previous owner, Lance Johnson, and assumed the responsibility for operations Originally, the mineral extraction permit only covered the easterly 35 acres permitted in the 1970's and was divided into three phases In 1999, a new grading reclamation plan was prepared with a phasing plan for the entire 90 acres. At that time, the City Council was reluctant to expand the permit area considering that mineral extraction was no longer a permitted use in the applicable area of the Agriculture District Legal action ensued with applicable case law providing support for the expansion of mineral extraction consistent with City standards into the balance of the entire property The balance of the 90 acres was approved for future phases 4 -7 The progress of the excavation of the pit area is now about 25% into Phase 4 and the processing occurs in the west half of Phase 3 The eastern half of phase 3 and earlier phases has been graded to the new reclamation plan grades The 2005 conditions of operation contain a specific reference to the phasing plan that needs to be updated Therefore, the attached previously approved conditions for 2005 have been edited reflecting the progress of the phasing plan in Paragraph B Staff is comfortable with the phasing plan update and the minor revision to the conditions RECOMMENDATION Approval of the updated phasing plan for Shafer Contracting Co Inc and the revisions to the 2005 operating conditions 2 Mineral Extraction Permit 2005 Conditions For Mineral Extraction Permit Renewal SHAFER CONTRACTING COMPANY INCORPORATED A. Shafer Contracting Co., Inc (hereinafter "the Property Owner signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit B. This permit is granted for the area designated as the western half of Phase 3 (6 5 acres) and Phase 4 (1= acres), on Exhibit A (drawing 5 of 7 dated April 6, 1999), which is attached hereto as one of the exhibits C The term of the permit shall extend from January 1, 2005 until December 31, 2005 unless revoked prior to that for failure to comply with the permit requirements A mining permit fee of $315 00 shall be paid to the City of Rosemount. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City or any of their agencies be obtained and submitted to the City prior to the issuance of the permit That 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. E The final grading for the permit area shall be completed in accordance with the grading plan labeled Exhibit B (drawing 7 of 7 dated April 6, 1999), which is attached hereto, or as approved by the City Engineer, and any other conditions as may be imposed by the City from time to time F All gravel trucks and other mining related traffic shall enter and exit the mining area from Rich Valley Boulevard 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 or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process The current location of the access driveway is indicated on the Phasing Plan, Exhibit A A stop sign shall be installed at the driveway entrance to County Road 71. in accordance with standards on file with the City or County Highway Department Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements G 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 streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit After the 2005 Mining Permit Shafer Contracting 2of5 Property Owner has received 24 -hour verbal notice, the City will 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 City Administrator (or his designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner's expense without prior notification H The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property No topsoil shall be removed from the site and that the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil The location of the stockpiled topsoil shall be indicated on Exhibit A, the Phasing Plan 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. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit That the Property Owner 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 That the Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7 00 a m to 7 p m subject, however, to being changed by the City Council M The Property Owner 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) for any active phase in favor of the City for the cost of restoration, regrading and /or revegetatmg land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by 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 upon thirty (30) days written notice to the permit holder and the City (2) Satisfactory to the City Attorney in form and substance 2005 Mining Permit Shafer Contracting 3 of 5 (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 Administrator (or his designee) 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, 2005 until July 31, 2006 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 N. The Property Owner furnishes 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 and no /100 ($1,000,000 00) Dollars and damage liability in an amount of at least Two Hundred Fifty Thousand and no /100 ($250.000 00) Dollars arising out of anyone occurrence The policy of insurance shall name the City as an additional insured and shall remain in effect from February 15, 2005 until July 31, 2006 O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation at which time such activities will be enclosed with snow, or cyclone fencing or as approved by City staff, Construction of any pondmg areas, wash plants or other processing or equipment brought to the site shall require additional City Council approval and notification of adjacent property owners. P The Property Owner shall hold the City harmless from all claims or causes of action that ma} result from the granting of the permit That the Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees which the City may pay or incur in consequence of such claims Q 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 2005 Mining Permit Shafer Contractmg 4of5 R. Complete mining and reclamation is required in all phases before any additional mining is authorized Modifications or expansion of the mining areas must be approved in writing to the City Property Owner shall submit to the City semi- annually a written report indicating the amount of material extracted from the site for the prior six -month period S The Property 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 T. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District mining application completed and on file with the City of Rosemount Planning Department prior to the approval of the Mineral Extraction Permit U Reclamation requires the replacement of the entire 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 two inches after reclamation Topsoil for reclamation shall conform to specifications on file with the City No restored slopes may exceed a gradient of 25% or four to 1 (4 1) V. The Property 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 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 surienders 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 in and at any time the pit is not in use. Z. There shall be no "haul- back" of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs O, V and W, and topsoil imported for the purpose of re- establishing turf as accepted by the City 2005 Mining Permit Shafer Contracting 5of5 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 which result in excessive noise IN WITNESS WHEREOF, Shafer Contracting Company, Inc the Property Owner, hereby consents and agrees to the foregoing conditions of said mmmg permit this day of 2005 Shafer Contracting Co., Inc. By: George Mattson, Its President STATE OF MINNESOTA ss COUNTY OF DAKOTA The foregomg instrument was acknowledged before me this day of 2005, by George Mattson, President of Shafer Contracting Company, inc, the Property Owner, on behalf of the Corporation Notary Public SITE MAP PROPERTY 10 NUMBER 34 -01400.013 -09 2002 ESTIMATED MARKET VALUES IPA(ABLE 2aW 1 20M BUILDING INFORMATION (PAYABLE 20031 FEE OWNER SHAFER CONTRACTING CO INC LAND i LOT SIZE (EXCLUDES NO DATA AVAILABLE COMMON NAME SHAFER CONTRACTING GRAVEL PIT BUILDING ROAD EASEMENTS) PO BOx 128 TOTAL SHAFER NN 55074 -0128 536 093 SO FT PAYABLE 2002 TAXES SCHOOL DISTRICT 196 12 31 ACRES LOCATION SW114 NE1,4 SECTION 14- 115 -19 NET TAX >wsR SPEC A- ASSESSMENTS 1jiii PAYABLE 2003 HOMESTEAD STATUS NON HOMESTEAD TOTAL TAX 3 SA WATERSHED O.STRICT VERMILLION RIVER PAYABLE 2003 ASMNT USAGE RESIDENTIAL INDUSTRIAL LAST QUALIFIED SALE DATE AMOUNT INVE2 C--aiiF}G1�j 9 m p I ;I Ik vE t I IT y ACGESS 4d+"Ctl EhSEr(ElSC CL t 1 f i I I i I PLAT NAME SECTI0N 14 TWN I IS RANGE 15 TAX DESCRIPTION PT OF S 12 OF NE VA LYING W OF RR EX CON NE CDR OF SW VA OF NE V4 'N 17274 FT rl NOTE Dimensions rounded to nearest feat TO BEG S SO 36M 36S W 66 74 FT N 85D !7M 2:S W 80 90 FT opynght 2002 Oakaa County S SO 36M 36S W 382 62 FT N /1 890 5'M 2ES W 933 14 FT N l� -ms drawing n neither s legally rfootball map nor a survey ends nal rntendeo to be used as one CO IEM SOS E 451 50 FT TO N -his drawing is a compliacon of records intarmabon and data located n varmus Mh doubly and LINE E 1080 FT TO 6EG EX ta,e oKCes and other sources aNectmg the area snown and is to be used for reference purposes CCN INT S LINE d'N WW RR N )rly Dakota County Is not responstbie for any inaczuradres herein cortamed If dlscrepanaes are 080 36M MS E ON R 870 FT o..rd please mntaa Cakata County Survey and Lana Infarmaudn DeparinenL W PARR S LINE 707 FT S TO 5 LINE E TC BEG Aap Data Novemoer6 2CC2 Parcels Updated 1024=02 Aenal Photography 1990 1411519 99D AREA AT REC1- AMA7ION GitADEs 5112l05 DEPSGIION OF PHASE 3 4 OPERAIINO PLAN ARE 1,11`I`1 9m 9uuaso f 94D 930 9 90 9 950 950 r y A1 V 1 60950�� J,� •5p� OHHNSN 09 9m cxrlLC� �PSOwsTQ Ill ��f I p��1 1a A roY �iil�u� of r. r ss y t�ld •1 r �jiA$$ a 4PPR C r 4. ,1 M a x}r� �1l{r �i� �n �lil 1 f d.'�t��1' 1 •3 {-i 4 °r a'[ �p{ A �Al r r� l r f( `�..r 1`�i'�rr o��. n`^6' A�fhi i gA YP�R i[AGDMW¢KiY PASEb_�ni ;y 'r•F `a �Pi,; r P SID 9iD sab 6eo gpO 990 930940 93092U cobs F�E3 OPERk�CIOA'� 30'h11NVS6 wo �9N3 95tl 950 980 Ij��, r9k0 910 9Y0 97 OPERATIONS ��y PLPLAN CwaYm Sao AD 99tl 960 ARS'A DPD TO FFLASE SING m„emu�+P' mew utand POSED 11vG OP PROP 0SWA&8AP0g'I'gi'ls t� 'l,[RANxPIANT ON 9m 'A�dma yc<a Q PR®S OL7 lYJ,ll yy, J �J MANYOPt AREAg pYOPOY ®EOLYL Nu AAHA �L�'° a �AN�p jG Oiuu D y w ,b96 S% Ma PERMYPYEO ED umm siaob� 19Rb YNA$EH 1.2, ANUS 4AOPOYID39TO8M WAPE& L.01O u g mmwoaw &+mpw«T^r H{ANAO V C mvn,sws �9m. w9s.wwss9s ssna.l AYYEP. cawr�'s. 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