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HomeMy WebLinkAbout6.j. Mineral Extraction Interim Use Permit in AG District forStonex 04-08-ME4 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date February 15, 2005 AGENDA ITEM: Mineral Extraction Interim Use Permit in AG AGENDA SECTION: District for Stonex 04 -80 ME Consent PREPARED BY: Rick Pearson, City Planner AGENDA N4. ATTACHMENTS: Draft IUP Resolution, Draft Conditions of Operation for 2005, Draft 01/25/05 PC Minutes, 12/28/04 PC Minutes, Location map, Operations (phasing) plan, Haul routes, Conceptual end use APPROVED BY: plan, Environmental Assessment Worksheet excerpt, Standards for Mineral Extraction and Interim Uses RECOMMENDED ACTION: Motion to adopt a resolution approving the Interim Use Permit for the Stonex Mineral Extraction Permit for 2005 subject to conditions ACTION: ISSUE Jonathan Wilmshurst representing Stonex, LLC has applied for a mineral extraction permit for a new sand gravel mining operation located' /4 mile south of 135 Street East (County Road 38), and 4 mile west of Blaine Avenue (County Road 71) The new permit area encompasses 80 acres formerly owned and farmed by the Kraft family, immediately south of the Vesterra mineral extraction permit area PLANNING COMMISSION PUBLIC HEARING The Planning Commission conducted public hearings on December 28, 2004, and January 25, 2005 The public hearing was continued for plan revisions concerning proposed grades and locations for a future street connecting County Road 38 with the future Connemara Trail Several persons owning adjacent land or representing surrounding property owners were present No specific objections regarding the proposed permit were identified Instead, they seemed to be more curious about future land use and the potential impact of the projected Connemara Trail alignment A revised plan showing both the Stonex and Vestarra properties (to the north) was provided, based upon additional discussions with staff The plan revisions provide the conceptual street linkages, and also assume mining within the street corridors to blend the finished grades with surrounding property The Commissioners had several questions, including reference to a well on the property in the Environmental Assessment Worksheet (EAW), the location of a water main near the Connemara Trail alignment and the relationship between the Stonex and Vesterra properties Staff explained that the house would continue to be occupied, and thus continue the use the well Also, that the watermain installed last year was approximately 20 feet south of the property line Lastly, Mr Wilmshurst explained that the two companies are separate but under that same ownership Staff further mentioned that the common property line between the two pits allows the combined grading for facilitating future development Others were present at the public hearing, but did not choose to provide comments Subsequently, the Commissioners adopted a motion recommending approval with an additional reference to County Road 38 included in paragraph F of the draft 2005 operating conditions BACKGROUND Applicant Property Owner(s) Location Area in Acres Comp Plan Designation Current Zoning Nature of request Related Actions Jonathan Wilmshust of Stonex, LLC 0 25 miles south of County Road 38, 0 25 miles west of County Road 71 80 Agriculture Agriculture Mineral Extraction in an area of the Agriculture District that permits the use in conformance with standards Environmental Assessment Worksheet (EAW) approved by Resolution 2004 -112 adopted September 21, 2004 issuing negative declaration of need (for an Environmental Impact Statement) Estimates Amount of material to be removed 4 5 million cubic yards Projected maximum rate of removal 500,000 tones annually Traffic generation 200 loads a day (peak) Number of years of operation 14 Date of completion of site rehabilitation 2018 Planning Commission Action Recommendation of Approval (4 -0) SUMMARY The attached materials show the Stonex mining area immediately south and adjacent to the Vesterra sand gravel mining location The Mineral Extraction standards allow for the combination of the pit areas, so that a uniform finish grade can be established to maximize future development potential Therefore, the conceptual end use plan combines the two pit areas into one larger site available for "future light industrial of business sites The Mineral Extraction Permit will be structured as an Interim Use The IUP will terminate upon any of the following events 1 The date stated on the permit The expiration date will be December 31, 2018, based upon the application 2 Upon violation of the condition under which the permit was issued Draft conditions of Mineral Extraction for 2005 are attached 3 Upon change in the City's zoning regulations, rendering the use nonconforming 2 Mineral Extraction Process The request includes a crushing, washing and screening plant for the pit area to provide various materials for construction aggregates It is estimated that approximately 4 5 million cubic yards of material will be extracted over the life span of the pit The site is organized into a series of phases, each consisting of about five acres corresponding to each year of operation Starting in the northeast portion of the site, west of the existing farmstead, the activity will proceed south, until the eastern third of the site is mined Then, the mining will progresses to the west The last phase is the farmstead area in the northeast corner of the property The first phase is the location of the processing plant and stockpiles, shown in a schematic detail on the operations (phasing) plan Traffic Generation and Haul Routes A traffic study prepared as an appendix item to the EAW indicates the peak traffic generation to be 200 trips per day The assumption is that 150 trips would occur during the first five hours of daily operation, given typical construction practices The haul route would start in the northeast corner of the site where the scale will be located The trucks would then exit the site utilizing the existing private driveway across an 80 -acre parcel owned by Flint Hills Resources, to County Road 71 (Blaine Avenue) The haul route is likely to shift north to 135 Street (County Road 38), because the applicant has not been able to provide documentation of easement or right of access to County Road 71 This may be acceptable, as the applicant for Stonex is the same as Vesterra Staff will require that cross access rights via an easement across either property be documented Furthermore, Any improvements to County Road 38 necessary to accommodate the traffic generated from either property will be the responsibility of the property owner operator Traffic entering onto County Road 71 will be evenly distributed north and south to the 117" Street intersection and County Road 42 respectively Traffic connecting to County Road 42 will be required to go west -bound only, thus avoiding making left -hand turns across the highway Again, any improvements needed to bear the weight of the trucks, or improve the level of service at an intersection will be the responsibility of the applicant End Use Plan The conceptual end use plan that includes the Vesterra property to the north is essentially a final grading plan that shows the future floor of the pit area sloping towards the northeast at a slope of 1 to 1 2% The northeast corner would transition to existing grades on adjacent properties with a cross -slope berm to capture run -off and provide rate control of the run -off The berm would be constructed with stripped topsoil and haul -back material, as high as twenty feet tall, and provide for a city traversing trail from the north to the southeast The trail is proposed to follow the geological southern edge of the rich valley land feature It responds to City goals of east -west connecting trails and is also recommended by the Highway 52 and 42 land use study group 3 The plan has been modified, particularly on the north and south edges to transition to both 135 Street East and the future Connemara Trail alignment The 135 Street corridor is at a higher elevation in many cases, than either side of the road The mining process may include the roadway, to lower it and better blend with existing adjacent grades Otherwise, the grading starts at the required 30 ft minimum setbacks for adjacent property Exceptions to the 30 ft setback are 1 The northwest corner that has a 100 -foot setback, which was negotiated with the previous owners of the Vesterra property 2 50 feet to the right -of -way for public streets or highways The future alignment of Connemara Trail is expected to form the southern edge of the site The conceptual grading has been revised to provide two connection points on the west and east corners of the site The elevations assume that mining will occur within the adjacent Connemara Trail corridor to create a transition across the sites As a collector street, direct driveway access would not be expected, but one or more intersections with future local streets would occur, typically at mile intervals The property is YZ mile wide from west to east The plan revisions respond to staff direction concerning projected transportation improvements The plans do suggest mining of the property into existing or future street corridors It is not guaranteed that this off -site mining will be permitted If it is, other agencies as well as the City will have approval authority over plans and the construction process Findings for Interim Use Permits 1 The extent, location and intensity of the use will be in substantial compliance with the Comprehensive Plan The site restoration plan shall ensure that the land shall be restored in such a manner as to support future Agricultural uses, or uses consistent with amendments to the Comprehensive Plan 2 The use will provide adequate ingress and egress to minimize traffic congestion in the public streets Stonex LLC will be required to furnish easement documentation guaranteeing the haul route across the Flint Hills Resources property to County Road 71 Furthermore, the conditions of operation require Dakota County !-Highway Department approval for the haul route, and Stonex will be responsible for the cost of any road improvements necessary to accommodate the traffic generated by the use 3 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 The Mineral Extraction related activity will be confined to the pit area, and shall conform to the conditions of operation and the mineral extraction standards in Section 12 4 of the zoning ordinance 4 The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district Recommended revision to the conceptual site restoration plan and El conformance with the Mineral Extraction standards of Section 12 4 will protect the normal and orderly development of surrounding property 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located RECOMMENDATION Motion to recommend approval of the Stonex Mineral extraction permit for 2005 subject to conditions Excerpt from the Regular Planning Commission Meeting of January 25, 2005 Public Hearing: 513. Case 04 -80 -ME Stonex, LLC Mineral Extraction Interim Use Permit in the Agriculture District. City Planner Pearson reviewed the staff report Stonex, LLC applied for a mineral extraction permit for a new sand and gravel mining operation located a 4 mile south of 135"' Street East (County Road 38) and' /4 mile west of Blaine Avenue (County Road 71) Mr Pearson indicated that in the 2005 Conditions in the last sentence of Paragraph F that a reference to County Road 38 should be added as a requirement of the haul routes and easement acquisition Chairperson Messner asked the Commission if they had any questions for Mr Pearson Chairperson Messner requested that Mr Pearson repeat the modification for Paragraph F Mr Pearson stated that he wanted to expand on Paragraph F to include County Road 38 in case the haul route would go through the Vesterra Property Commissioner Powell questioned the EAW comments referring to an additional well on the site and wondered if it had been addressed on site or through the conditions Mr Pearson stated there is a farmstead on the site and it may be connected with the house Mr Pearson stated he believed that someone would be occupying the house Commissioner Powell also questioned the conditions for the roadways to accommodate the traffic Mr Pearson stated that as part of the EAW process the County looked at the capacity of the road for the weight of the trucks and discussed the turning bays and the condition was added in case the county would object Mr Powell also questioned the hours of operation Mr Pearson stated the City Council has adjusted the hours under specific conditions in the past in the Zoning Ordinance. Chairperson Messner questioned the future alignment of Connemara along the southern edge of the property and if that is the area where the water main goes through Project Engineer Aderhold stated that the water main that went in last year as part of the east side water main extension is approximately 20 feet south of the property line. Chairperson Messner asked if there was anything in the conditions regarding the Vesterra pit to the north stating if the two operations operate as the same entity or is there a concern about two different entities Mr. Pearson stated they are two separate entities and treated as two separate permits. Chairperson Messner asked if the applicant would like to come forward Jonathan Wilmshurst, 12741 Shannon Parkway, stated the ownership is the same structure in both entities Mr Wilsmhurst explained his reasoning for an end use plan Mr Messner asked about the setback requirement with the slopes along the property lines Mr Wilmshurst stated the individual permits to do have a setback requirement and the end use plan would dictate what the slopes would be Mr Wilmshurst also explained the haul routes Chairperson Messner opened the Public Hearing MOTION by Zurn to close the Public Hearing Second by Humphrey Ayes: Zurn, Messner, Humphrey and Powell. Nayes None Motion carried Chairperson Messner asked for any follow -up questions or discussion MOTION by Messner to recommend that the City Council approve the Stonex Mineral extraction permit for 2005 subject to I Conformance with the attached conditions for 2005 2 Approval of the reclamation plan is predicated on the developer meeting final road grades for Connemara Trail and County Road 38 which may differ than the submitted plan dated January 13, 2005. 3. Conformance with all of the Mineral Extraction permit standards in Section 12.4 of the zoning ordinance 4. The Mining Interim Use will expire on December 31, 2018 5. The applicant submit a large size plan of the conceptual end use plan Second by Powell Ayes Zurn, Messner, Humphrey and Powell Nayes None Motion approved Excerpt from the Regular Planning Commission Meeting of December 28, 2004 Public Hearing: 5D. Case 04 -80 -ME Stonex, LLC Mineral Extraction Permit. City Planner Pearson stated that staff is recommending that the item be continued to the January 25, 2004 Planning Commission Meeting allowing the applicant time to make some revisions to the plan Mr Pearson stated that he was prepared to give a presentation if someone in the audience would request it Mr Messner asked if anyone in the audience wished to hear about the item this evening An audience member indicated he would like to hear the presentation. Mr Pearson then reviewed the staff report Jonathan Wilmshurst representing Stonex has applied for a mineral extraction permit for a new sand gravel mining operation located /4 mile south of 135 Street East (County Road 38), and' /4 mile west of Blaine Avenue (County Road 71). The new permit area encompasses 80 acres formerly owned and farmed by the Kraft family, immediately south of the Vesterra mineral extraction permit area Chairperson Messner asked the Commission if they had any questions for Mr Pearson. Mr. Messner asked if staff has looked at the future potential grade on Connemara. Mr Pearson stated that the general location of Connemara Avenue is premature to determine grade but there are performance standards for the classification of a street Chairperson Messner opened the public hearing Howard Doelmg, representing his mother, Laverna Doelmg, stated his mother has adjoining property on the south side Mr Doelmg stated he has nothing against the proposal but is concerned about what is going to happen to the property given his mother's property is going to be for sale Mr Messner asked Mr Doelmg if similar aggregate deposits are on the Doelmg property Mr Doelmg indicated there is on the nor portion Ted Thompson, South St Paul, representing Lavema Doeling, was concerned with whose property Connemara Trail would be located on Mr Pearson stated it will come across the land that is in the current MUSA for sewer and water and extend the next phase to Akron Avenue, although the exact location is not set, it is expected to be in the 140 street area Since it will be meant to carry a lot of traffic, it is going to be a higher volume street that generally is a mile north of County Road 42 Mr Thompson questioned how they can set the grade of the property if they do not know where the road is going to go Community Development Director Lindquist responded that the road is going to be primarily south of the mining pit and right now the proposed grades are 30 feet below the existing grade and even if the road is lowered somewhat, the road cannot be lowered 30 feet due to some existing power lines Mr Thompson asked how far they have to stay off the power line Mr Pearson indicated the setback for mining is 30 feet Mr Thompson then questioned if that was the case, the road is going to be built on his mother -in -law's property Ms Lindquist stated the road will be constructed with development and that at the time of subdivision the dedications will be required Mr Thompson was concerned with selling the property and misleading a bu} er. Mr Thompson asked if the MUSA only comes to Akron Avenue Mr Pearson indicated it stops Yz mile west of Akron Avenue but it is expected to change Mr Thompson asked about the moratorium Mr Pearson explained that the moratorium is limited to the MUSA area in the vicinity of the Highway 52 intersection and extending up to Highway 55 Ms Lindquist stated there is a study group looking at land uses from Akron Avenue across the whole east side Ms Lindquist further stated there will be public information hearings held in January and February and property owners or the tax payers would be invited Ms Lindquist informed ever) one that the meetings will be held either January 24` or February 10th to discuss the proposed land uses on very specific parcels and will have some concept circulation Ms Lindquist informed Mr Thompson that the property owner for his mother's property would get a notice MOTION by Messner to continue the Public Hearing until January 25, 2005. Second by Powell Ayes Schultz, Zurn, Messner, Humphrey, and Powell Nays None Motion carried. Mr. Pearson indicated the item will come before the Planning Commission again on January 25, 2005. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION APPROVING THE INTERIM USE PERMIT FOR THE STONEX MINERAL EXTRACTION PERMIT WHEREAS, the Community Development Department of the City of Rosemount received an application from Stonex, LLC requesting an Interim Use Permit for the Stonex Mineral Extractipn Permit, a new sand and gravel mining operation located'/ mile south of 135 Street East (County Road 38), and 4 mile west of Blaine Avenue (County Road 71), legally described as The Southeast' /4 of the Southwest' /4 and the Southwest' /4 of the Southeast' /4 of Section 23, Township 115 N, Range 19 West, Dakota County, Minnesota WHEREAS, on November 4, 2004 the applicant submitted the Mineral Extraction Permit Application, and WHEREAS, on January 25, 2005 the Planning Commission reviewed the Mineral Extraction Permit Application and draft conditions for 2005, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Mineral Extraction Permit for 2005, subject to conditions, and WHEREAS, February 15, 2005, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation for the Mineral Extraction Permit NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Mineral Extraction Permit for 2005, subject to 1 Conformance with the attached conditions for 2005 2 Approval of the reclamation plan is predicated on the developer meeting final road grades for Connemara Trail and County Road 38 which may differ than the submitted plan dated January 13, 2005 3. Conformance with all of the Mineral Extraction permit standards in Section 12 4 of the zoning ordinance 4 The Musing Interim Use will expire on December 31, 2018 5 The applicant submit a large size plan of the conceptual end use plan. ADOPTED this 15` day of February, 2005 by the City Council of the City of Rosemount William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk RESOLUTION 2005- - Motion by: Second by: Voted in favor: Voted against: Member absent: 2. _ Mineral Extraction Permit 2005 Conditions of Operation for Mineral Extraction Permit STONEX, LLC A Stonex, LLC (hereinafter "the Property Owner shall sign a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit Mineral Extraction is an Interim Use in the Agriculture district of which the permit area is a part of according to Ordinance B, the City of Rosemount Zoning Regulations B. This permit is granted for the area designated as Phase 1 on Exhibit 2 which is attached hereto as one of the exhibits C The completion date of the overall mineral extraction process including site reclamation shall be no later than December 31, 2018 The term of the permit shall extend from January 18, 2005 until December 31, 2005 unless reNoked prior to that for failure to comply with the permit requirements A mining permit fee of $370.00 shall be paid to the City of Rosemount D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit Failure by the Property 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 3 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 135 Street (County Road 38), unless the applicant can secure access to Blaine Avenue (County Road 71) across the easterly privately owned property 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 Dakota 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 Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements Any street improvements to County Road 3 8, County Road 71 or CSAH 42 necessary to 2005 Mining Permit Ston", LLC 2 of 5 accommodate the generated traffic shall be the sole responsibility of the Property Owner 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 extraction or hauling operations related to the Mineral Extraction Permit from streets After the Property Owner has received 24 -hour verbal notice, the City may complete or contract to complete the clean-up at the Property Owner's expense In the event of a traffic hazard as determined by the 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 impact the natural drainage of adjacent property. I, No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil The location of the stockpiled topsoil shall be indicated on Exhibit A, the Phasing Plan J. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property 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 The Property Owner shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied The Property 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 in to 7 00 p in subject, however, to being changed by the City Council M. The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand, Five Hundred Dollars per acre ($7,500 00 /acre) for any active phase in favor of the City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Property Owner The required surety bonds most be (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City 2005 Mmmg Permit Stonex, LLC 3 of 5 (2) Satisfactory to the City Attorney in form and substance (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit, all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City 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 existing surety bond shall remain in force until July 31, 2006 Subsequently, said surety bond or cash escrow shall be renewed in conformance to the terms and conditions of this permit for the period of February 15, 2005 until July 31, 2007 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 shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no /100 ($500,000 00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million and no /100 ($1 000,000 00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no /100 ($250,000 00) Dollars arising out of any one occurrence The policy of insurance shall name the City as an additional insured and shall remain in effect from February 15, 2005 until August 1, 2006 O. No processing or mixing of materials shall occur on the site, except as indicated in the operations plan or as may be approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation Any such activities will be enclosed with snow, or cyclone fencing or as approved by City staff Construction of pondmg areas as indicated on the operations plan, wash plants or other processing or equipment brought to the site shall require additional site and grading plan information subject to review and approval of the City Engineer P The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees which the City may pay or incur in consequence of such claims. 2005 Mining Permit Stonex, LLC 4of5 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 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 shall include 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 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 mad 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. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City The Property Owner shall identify all Operators prior to their commencement of mineral extraction related activities in the pit area The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit X 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 Y. There shall be no "haul- back" of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs O, V and W, and topsoil imported for the purpose of re- establishing turf as accepted by the City 2005 Mining Permit Stonex, LLC 5 of 5 Z Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of "Jake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise AA The Property Owner shall comply with comments from the City Engineer BB Off -site mining connected with the construction of Connemara Trail shall be with separate project approval by the City Council The site reclamation plan with proposed grades and future street alignments is subject to approval by the City Engineer IN WITNESS WHEREOF, Stonex, LLC, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit this day of 2005. 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Dakota County, MN 000 2,000 4 00o peat city o1 Rosemount, 0 Schematic Processing Plant and StockPlfe Setup seining Fine on Pds Sand 0 200 Feet �,euew�5 %a aWueena 805i r 550 5% 318" 95% Coarse 5% G'mm' O 3t4" Sand wla aa% e P sc Phaae 1 e ��4 Phase 14 Phase 11 Phase 8 e 2005 1 l -Phase 15 2012 e ProcesS t 1 2018 2015 I and Stockpiles 201-P 2 Phase 4 Phase 12 Phase 9 Phase 6 Phase i 2013 2010 2006 2008 2016 Phase 10 Phase 7 Phase 3 Phase 13 2014 2011 21 2017 3p-faat property line setback parcels iron GaYcW "nty OPERATIONS PLAN Stonex, LLC Property 0 200 sag goo Feet City of Rosemount, Dakota County, MN t i l i t i phase 5 2009 Prepared la Stona U LLC I hereby cenity that Ihis plan dcevmeat er report was pfepared by me or under my tr.d saPWI -KM e Npa Ism adWy Licensed pmfesawnal Geol"gst under the laws M the -We ai M"es.0 t 30 Lehr D pPbber 231004 Reg N 30083 11Tth5tE 'I 1�' I ,fir,•.. t Sys 1�;. y "�N� ar YY °ri" ,P t Rail rr? ��+%+L�.htr�a =.i I, a I ;tip "�t a. 7org y r Vm'uaa4:e P an r P 39i 1 �IrYkI County Hwy 42 I Roads tram Minnesota Department of Transportation Prepared fer Stanex LLC parcels ham Dakota County I hereby ceNfy that this plan document, at report was prepared by HAUL ROUTE =S me or under my direct supeneon add that l am a duly Licensed Pumossronal Geomt at antler the taws of the state of Mmnemta 0 1,000 2,000 4,000 Feet Stonex, LLC Property A— I I I I I t I I City of Rosemount, Dakota County, MN J Lahr Date October za zo9a R No 30093 , ,. . . . � . . i . . . � � . . . . . ` �_ . 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I ' : __. _ � ' I � ��Q�q� � � � � � . f n � � . , . _.______"_"_"'_ �'E'I 5t I '� Y . �, , ' �� .� _.��.'_— �'+� 1 k � �y� � � � ` � . 1 � AEh�'. R �y __ — . � . __`" . � '. . . Cr����-�� ,. 5 � y i ,�`" v , — � �.�'��S..J..' �� ;, . . � v c� it�. @ � _._ _ . A, � ��-- �� � � , _ \ � r r .� '�, --� � � . _J -- ��, �,.� ��� � � � —_..___ .___..___. _�.---�------ 1Ct�_ .t-- .t � � ,� - --- - ----�---1----- �a-_ � _�_� � .� �'. County Hwy 42 " -- - - r - —.._._� _ � � J � :�:: Roads from Minnesota Department of Transportation Prepared for Stonex,LLC Parcels from Dakota County I hereby certity thet this plan,ducument,or report was prepa�ed by 1�1/�+�u� RO�T L�S me or under my dired supervision and tAat I am a tluly Licensed � Professio�sl Geologist under the laws of the slate of Minneaota. Stonex, LLC Property �� 0 1,000 2,000 4,000 Feet �' � i � i � � � � � City of Rosemount, Dakota County, MN �.o.�enr oa,e:o�ober za,zooa Reg.No.30063 eta P R 69p Cunrr Er4.nce k EnW. r5. Pnee y d .A uWn EM.r9ep NCNUeallnpuMel S'ie p d uEgS gg FU ORE PrWC.M CMYM y O nas.mwnn.e E b v a y g /NDU: TRIAL m� 51 E Mrn q.nuawwr e... J a...m mm.na+orrnmee�x melriN F 7U E L GIF w LD i a d "r Pop�aa F.wuncu Z O O S ICI_ W a a J FvLWOTnu PU.m.d r j B IN S SITU° w m U cq tl FrMEnlnmv LMbCwxwm.n FmY EMrw..IW roCOrvvmen FUTUflEGONNEMIM CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 -112 A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED WHEREAS, the preparation of the Stonex Sand and Gravel Mine EAW and comments received on the EAW have generated information adequate to determine whether the proposed mine site has the potential for significant environmental impacts, and WHEREAS, the EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts, and WHEREAS, the Stonex Sand and Gravel Mine is expected to comply with all the City of Rosemount and review agency standards, and WHEREA9,based on the cntena established in MrnnesotaR 4410 1700, the protect does not-have the potential for significant environmental effects, and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts NOW THEREFORE BE IT RESOLVED, the City of Rosemount has determined that an Environmental Impact Statement is not required ADOPTED this 21st day of September, 2004 William H Droste, Mayor ATTEST 4& Linda 7entink, Cit Jerk Motionby Riley Second by Strayton VotedlnFavor Shoe Corrigan Droste Riley, Strayton, DeBettignies Voted Against Non ,A, YY S B &Associares Inc Memorandum To: Eric Kilberg, Minnesota Pollution Control Agency Wayne Barstad, Department of Natural Resources Juanita Voigt, Mn/DOT- Waters Edge Lynn Moratzka, Dakota County Phyllis Hanson, Metropolitan Council From: Andi Moffatt, WSB Associates, Inc. Copy: Rick Pearson, City of Rosemount Andy Brotzler, City of Rosemount Kim Lindquist, City of Rosemount Dave Hutton, WSB Associates, Inc. Jonathan Wdmshurst N v Date: September 22, 2004 .4 Re: Responses to Comments Stoner Gravel Mine EAW WSB Project No. 1191 -24 The public comment period for the Stonex Sand and Gravel Mine Environmental Assessment Worksheet (EAW ended September 1, 2004 Comments were received from the Minnesota Department of Transportation. Mmnesota Department of Natural Resources, Minnesota Pollution Control Agency, Dakota County, and the Metropolitan Council. Follow up with the Dakota Soil and Water Conservation District and the State Historic Preservation Office was conducted since comments were not received from these a gencies. g The SWCD indicated they reviewed the EAW, but did not have any comments The SHPO indicated that due to budget cuts they are no longer able to review most EAW's. Outlined below, please find the comments from each agency followed by responses to these comments The comment letters are also attached for your information Comments from MPCA t i tv Sq Comment #1: The MPCA has received copies of the EAW prepared for the above prcjecY prepared by the City of Rosemount, Responsible Government Unit (RGU) The MPCA has not reviewed the EAW for this project Therefore, the MPCA has no specific comments to provide the RGU. This decision not to review the EAW does not constitute waiver by the 4156' MPCA of any pending permits required by the MPCA. Ultimately, it is the responsibility of Memorial Highway the project proposer to secure any required permits and to comply with any requisite permit Suite 300- conditions The enclosed checklist identifies permits that the project may require, together Mmneapolls4 with the most recent contacts at the AZPCA Mmneiota° �Y�_- -.a' 763 541'480 0 763 541 -1700 FAX Minneapolis St Cloud Equal Opportunity Employer September 22, 2004 Page 2 of 5 Response: The permits listed in the MPCA letter are indicated in Item 8 of the EAW. The project proposer will be required to obtain all necessary permits Comments from DAIR Comment 41: The EAW acknowledges the needs for a DNR Water Appropriation permit for washing The estimate of 4 -5 million gallons appears to be slightly on the low side As part of the permit application, the DNR will require an analysis to predict the impacts of pumping on neighboring domestic wells Considering the project's location, pumping is unlikely to affect contaminant plumes emanating from the Flint Hills Refinery The DNR will require the project proposer to venfy this as well Response: The project proposer will work with the DNR to provide the necessary information and obtain the required permits Comments from Mn1DOT- Comment 41: Mn/DOT has reviewed the above referenced EAW and has no comments, as the proposed project should have little to no impact on Mn/DOT's highway system. As a reminder, please address all future correspondence for development activity such as plats and site plans to Development Reviews Coordinator MYLOOT Metro Division Waters Edge 1500 West County Road B -2 Roseville, MN 55113 Response: No response is necessary. Comments from Dakota County Comment #1: Item 13- Water Use The Kraft Farm well was constructed in 1980, but the farm was in existence before 1945 County staff believe there is at least one more well on this property that needs to be properly sealed A state licensed well contractor will need to apply to Dakota County for well sealing permits in order to seal all unused wells on the property Response: This information vnll be provided to the project proposer The project proposer is responsible for obtaining all necessary permits and sealing wells in conformance with state regulations and will make additional investigations to determine whether in fact there are any unsealed wells on site, and will seal them properly if any are located Comment #2: Item 20- Solid and Hazardous Wastes Depending on the amount of solvent or other hazardous wastes that my have been generated, a hazardous waste license from or registration with Dakota County may be required After the volume and types of wastes are F IWPFk A' 1191- 24ME1�40- agency- CR092204 doc September 22, 2004 Page 3 of S determined, the property owner should contact the Dakota County Environmental Management Department of licensure requirements and assistance Response: As indicated in the EAW, the only waste anticipated to be generated from the facility is a solvent based parts cleaner The project proposer will be responsible for obtaining any permits or approvals and this information will be provided to the project proposer Comment 43: Item 21- Traffic. Cumulative impacts. The Stonex Sand and Gravel mine consists of an 80 -acre parcel location 0 25 miles south of CR38 and 0.25 miles west of CSAH 71 The proposal involves accessing CSAH 71 at the 138"' Street intersection The Vesterra Sand and Gra ,el mine is a 75 -acre area located immediately south of CR38 and 0 25 miles west of CSAH 71 in Rosemount The proposed access is at a driveway along CR38 to allow trucks to turn onto CR71 to access TH52 and CSAH 42 The two mining proposals are directly adjacent to each other _The EAW for the Stonexmimng project is a_ separate study covering impacts to one specific business Both developments will each generate 200 loads (400 trips) per day and 60 total trips in the peak hour The impacts to the County road system from these two adjacent sites should be evaluated as one site In addition, several locations in Empire are planned for sand and gravel mining, and an EIS is being prepared The cumulative impact from mining in that part of Rosemount between TH3 and US52 would be better understood m the three studies were coordinated Response: Combining the peak hauling operations from the two mining sites in a worst case scenario would double the number of trips to 60 in the peak hour (It should be noted that while this worst case scenario is certainly possible, it is somewhat improbable that the peak demand for each of the sites would consistently coincide given the variability of the types of projects and the variability in the demand for gravel that their mdivrdual schedules of operations would entail Doubling the hauling activity would add a total of 120 turning movements to the 138"` Street access to the sites (assuming that both sites are served by that access). This would increase the turning movements from 20% of the traffic at the intersection to 34% in the AM peak hour At the 117' street intersection, the increase in the added turning movements would be from 6% with one of the sites to 11 with both sites (These numbers are considerably smaller for the CSAH 42 intersection) Considering only one site adds about one truck every ten minutes to each leg of the intersection Combining both sites would bring one truck to each leg about every five minutes It can be assumed that doubling the number of trucks could not double the average delay for all of the vehicles at the intersections But, even if it did, it would only reduce the level of service to Level B for three of the four intersections covered in the study. The fourth CSAH 42 would be reduced to Level C (Note that Level D is considered to be acceptable Again, it should be understood that with the low F IWPRQR91191- 24LkfEMO- agency- CR092204 doe September 22, 2004 Page 4 of 5 probability of the two sites peaking at the same time along with the fact that average delays would not double with the doubling of the hauling trips is an indication that anticipated levels of service would be impacted to a quite limited degree It should also be noted that trips from the Vesterra site are already accounted for in the background traffic that was counted in the Stonex study In response to the comment regarding coordinating the gravel mining studies in the Empire Township area, the City is not undertaking the EIS /AUAR in Empire and therefore does not have control over that study The City would be willing to pro) ide information about the Stonex and Vesterra site, but has no authority or responsibility to complete that environmental review Comment #4: County Road System CR 38 is a gravel road with a daily tnp volume of 97 Annual Average Daily Traffic (AADT) CSAH 38 is a gravel road and is not constructed for heavy loads of 20 tons per truck This section of roadway is a poor road that is one of the first to fail in the spring Dakota County may need to permanently post this road a 5 ton limit, if the road cannot handle heavier loads Response: The County will need to evaluate the load bearing capacity of the road The Stonex and Vesterra sites will also be able to use the access onto CSAH 71, thus limiting the CR 38 access if needed Either CR 38 or 71 can be used for access The project proposer will abide by load postings. This will be addressed through the mining permit process to be issued by the City. Comment #5: CSAH 71 is a two -lane undivided roadway with narrow shoulders with 1500 AADT (2002 data) The two TMmung proposals wroiuld collectively nicrease the current traffic on CSAH 71 by 50% The increase in trips to and from these two gravel mines is primarily from truck traffic, and is an overwhelmingly high percentage of truck traffic for this road. Typically, truck traffic on County highways accounts for 3 -5% of all trips CSAH 71 cannot handle a 50% increase in truck traffic (20% increase from today's traffic of full loads from the Stonex property alone) without upgrades to both the ingress /egress roadway (CSAH 38) and CSAH 71 itself CSAH 71 previously was posted to a 5 -ton axle load limit all yearlong The 5 -ton restriction was recently lifted, because structural testing showed an 8 -ton road limit capacity Currently. CSAH 71 is at a 9 -ton posting except for spring restrictions. This roadway has shown increased structural distress over the past 3 ear, since the load limit restriction was lifted If the roadway structure continues to show distress, CSAH 71 will need to have a permanent load restriction posting to avoid further distress CSAH 71 may need to be strengthened to allow higher axle loading The trucks coming onto CSAH 71 and traveling with heavy loads will have a significant impact on the County road system. Response: See response to Comment 94 F XPWIMI191- 241hfEMO- agency- CR092204 doc September 22, 2004 Page 5 of 5 Comment #6: The study notes "The addition of truck traffic on local county roads will be reviewed by the County Engineer The applicant will cooperate with any mitigation measures brought forward by the County Engineer" Modifications to CSAH 71 at the Stonex driveway to address turning and /or by -pass traffic need to be implemented to provide the best ingress, /egress for the business and muumize impacts to through highway users as mush as possible. If the roads can be made to handle the loads, the turn lanes will be needed before truck trips from the muung sites begin. The needs for right turn lanes on CR38 at CSAH 71, CSAH 71 at 117` Street, and CSAH 71 at CSAH 42 should be monitored as hauling operations begin Considerable work may be necessary on both CSAH 38 and CSAH 71 before additional truck traffic can be accommodated However, these roadways are not identified in the County's 5 -year Capital Improvement Program (CIP) The Vesterra mine and Stonex nune owners should contribute towards the cost of structural improvements to both roadways, if they want to ensure the ability to haul 9 -ton axle loads (except during the spring road restrictions). If the aggregate operations contribute significantly to the need for right turn lanes. Vesterra and Stones also should be responsible for contributing towards the cost of constructing the turn lanes. Response: The need for turn lanes is not born out by the anticipated levels of service at the key intersections Although turn lanes could be considered as a safety measure, since the three northerly intersections are all "Ts," intersection safety may not be an issue However, the County should monitor operation during peak periods to determine if turn lanes are warranted as indicated in their comment Turn lanes would ease an) annoyance that might be experienced by through -trip drivers Comments from Metropolitan Council Comment #1: The staff review finds the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An Environmental Impact Statement is not necessary for regional purposes. Staff provides the following comments for your consideration Item #25 The City's long term plan for this site is indicated as agriculture with a caveat that the area may develop as a park or recreation area The City is encouraged to work with Stonex Inc on a reclamation plant that would encompass potential vaned topograplues for parkland Response: The City will work with Stonex to develop an end -use plan that meets the needs of the surrounding land uses and the community and will take this comment into consideration This concludes our responses to comments on behalf of the City If you have any questions, please feel free to contact me at (763)287 -7196 F IWPA7N11191- 14MEMO- agenry-CR091204 doc