HomeMy WebLinkAbout6.l. Mineral Extraction Permit Renewal for Vesterra, LLC 04-86-MECITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date* Februa 15, 2005
AGENDA ITEM:
Mineral Extraction Permit Renewal for
AGENDA SECTION:
Vesterra, LLC 04 -87 -ME
Consent
PREPARED BY:
Rick Pearson, City Planner
A DA NO
ATTACHMENTS:
Draft Conditions for 2005, Draft 01/25105 PC
�Ww as
Minutes, Location map, Present conditions and
APPROVED B
2005 mine plan, Narrative
RECOMMENDED
ACTION:
Motion to approve the mineral extraction permit renewal for Vesterra, LLC subject to
conditions
ACTION:
ISSUE
Jonathan Wdmshurst of Vesterra, LLC is applying for a renewal of the mineral extraction
permit originally granted in 2003 Activity in 2004 was primarily focused on commencing the
extraction process and organizing related activities in the pit area
PLANNING COMMISSION PUBLIC HEARING
On January 25, 2005, the Planning Commission conducted a public hearing as required by
ordinance The Vesterra plan required revisions in accordance with the new Stonex mineral
extraction permit They both are affected by the conceptual street connections between
Connemara Trail and County Road 38, and grades transitioning to the outer edges of the
property at the street corridors With the revised plans, the Planning Commission's only
concern was the provision of a referenced letter from Engineering Staff to be included with
the conditional approval
BACKGROUND
Applicant Property Owner(s) Jonathan Wilmshurst of Vesterra, LLC
Location. 2112 135` Street East South side of 135`" Street East, 1/3
mile west of County Road 71
Area in Acres
Comp Guide Plan Desig•
Current Zoning
Total amount to be extracted
Completion date
Material extracted in 2004
Planning Commission Action
75
Agriculture
Agriculture
3 5 million tons (projected)
Dec 31, 2014 (includes rehabilitation)
Less than 2000 tons
Recommendation of approval (4 -0).
SUMMARY
The Vesterra mineral extraction permit is the most recent mining permit issued in Rosemount
Mining in this area of the Agriculture district is structured as an Interim Use Permit This IUP
is projected to expire at the end of 2014 Activity in 2004 primarily consisted of stripping
topsoil and organizing the activity and process areas into the first phase south and east of the
old Darsow farmstead buildings The amount of material extracted was minimal, less than
2,000 tons Projections for 2005 range from 50,000 to 100,000 tons
One concern has developed regarding the information provided by the applicant The fourth
paragraph in the provided narrative refers to reselling small amounts of imported aggregate
This activity would occur in an area labeled "storage bins" near the entrance road on the
Present Conditions map. This information introduces a retail use to the property that is not
permitted by zoning Staff was under the impression that these bins were intended for
indigenous material originating and processed on the site The importation and reselling of
aggregate materials, even in small quantities is inconsistent with the Agricultural zoning, and
there is no provision in the mineral extraction standards to suggest it would be permitted as
an accessory use Therefore, staff will include a specific prohibition in the recommended
operating conditions concerning this particular use proposed for the site
Another consideration is the mineral extraction permit reclamation plan has been revised to
allow for a north -south collector street that will connect 135 Street with Connemara Trail
The street has not been designed, but the approximate location of future streets are being
recommended by the Cities' engineering consultant This is a modification of the original
plan, but is appropriate in the interest in shaping the land for appropriate reuse post mining.
The Vesterra proposal includes lowering 135 Street, and providing a transition for the street
west of the farmstead, approximately at the mid point along the northern property boundary
line The proposed street splits near the boundary line of the neighboring southerly Stonex
property The two streets then connect with Connemara Trail in two locations, generally in
the southwest and southeast corners of the Stonex property to the south
CONCLUSION
With the exception of the reference to the sale of imported aggregate materials as mentioned
above, staff is comfortable recommending renewal of the Vesterra mineral extraction permit
for 2005 The grading and reclamation plan will have to be approved by the City Engineer,
and Dakota County concerning the reduction of grade at County Road 38 if it is not to be
turned back to the City
RECOMMENDATION
Motion to recommend approval of the mineral extraction permit renewal for Vesterra, LLC
subject to the attached conditions for 2005
2
Mineral Extraction Permit
2005 Conditions for Mineral Extraction Permit Renewal
VESTERRA, LLC
A Vesterra, 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 according to Ordinance B, the City of Rosemount
Zoning Ordinance 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, 2014 The term of this permit shall
extend from February 15, 2005 until December 31, 2005 unless revoked prior to that
for failure to comply with the permit requirements A mmmg 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 that may be imposed by the City from time to
time
F All gravel trucks and other mining related traffic shall enter and exit the mining area
from 135 Street East (County Road 38) 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 38, 71
or CSAH 42 necessary to accommodate the generated traffic shall be the sole
responsibility of the Property Owner
2005 Mmmg Permit
Vesterra, LLC
2 of 5
G A plan for dust control shall be submitted to and subject to approval by the City.
The Property Owner shall clean dirt and debns 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
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 m 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 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 only upon, at least thirty (30) days written notice to the
permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance
2005 Mmmg Permit
Vesterm, LLC
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 February 15,
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 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 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 any ponding areas, wash
plants or other processing or equipment brought to the site shall require additional
site and grading plan information subject to review and approval of the City
Engineer
P The Property 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
indemmfy 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
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
Vesterra, LLC
4 of 5
R Complete mining and reclamation is required m 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 on the
mined area, reseeding and mulching necessary to re- establish vegetative cover for
permanent slope stabilization and erosion control The minimum depth of topsoil
shall not be less than two inches after reclamation Topsoil for reclamation shall
conform to specifications on file with the City. No restored slopes may exceed a
gradient of 25% or four to 1 (4 1)
V The Property 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 m and at any time the pit is not in use
Y. There shall be no "haul- back" of materials from any other property or job site that
would be imported to the property for fill or other purposes other than incidental
concrete recycling as referred to in paragraphs O, V and W, and topsoil imported for
the purpose of re- establishing turf as accepted by the City
Z Truck operators within the pit area shall not engage in practices involving slamming
tailgates, vibrating boxes, using of "lake" or engine brakes (except in emergency
situations) or other such activities that result in excessive noise.
2005 Mining Permit
Vesterra, LLC
5of5
AA. The Property Owner shall comply with comments in the attached memo from the
City Engineer dated July 16, 2003
BB A landscaping plan shall be prepared subject to approval by City Staff, for the
purpose of providing vegetative screening within the setback areas of the various
phases of the mining area Said landscaping shall be installed according to City
standards, prior to commencement of operations within an adjacent phase area
CC No retail activity is permitted on the site Materials imported to the site are limited to
materials to be recycled and mixed with aggregate extracted from the site and topsoil
for reestablishing ground cover or turf
DD Off -site mining connected with the reconstruction of County Road 38 or
construction of Connemara Trail shall require separate project approval by the City
Council The site reclamation plan with proposed grades and future street
alignments is subject to approval by the City Engineer
IN WITNESS WHEREOF, Vesterra, LLC hereby consents and agrees to the
foregoing conditions of said mining permit this day of 2005
Vesterra, LLC
Ln
Jonathan J. Wilmshurst, Owner
STATE OF MINNESOTA
ss
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2005, by Jonathan J Wilmshurst. the Owner of Vesterra, LLC.
Notary Public
NIENIORANDUM
TO: Rick Pearson, City Planner
FROM: Andrew J Brotzler, P E City Engineer
DATE: July 16, 2003
RE: Vesterra, LLC Application for Permit for Mineral Extraction Dated July 1, 2003
Upon review of the above referenced document, the following comments are offered
For the proposed access to County Road 38, a permit will need to be obtained by the
applicant from Dakota County, a copy of v%hich shall be provided to the City prior to
approval The applicant shall be required to conform to all requirements of the
Dakota County permit
As discussed in the Environmental Assessment Worksheet (EAW) and presented to
the responses to comments and Findings of Fact for the proposed project, Dakota
County will monitor the volume of traffic at the intersection of County Road 38 and
County Road 71, County Road 71 and 117` Avenue, and County Road 71 and
County Road 42 Upon receipt of written notice from Dakota County that
intersection improvements are required at any or all of the above -noted intersections
due to truck traffic from the proposed mmmg operation, improvements shall be made
in accordance with Dakota County standards with the full cost of the improvements
borne by the applicant, Vesterra, LLC Any and all required improvements shall be
completed within 6 months from the receipt of written notice from Dakota County
As noted in the application, County Road 71 north from County Road 38 to 117`
Avenue shall not be used as a haul route until the MnDOT TH52 /117` Avenue
Interchange project is complete Approval for the use of the above -noted route as a
haul route shall not be issued until the City has received written notice from Mn/DOT
that the TH52 /117` Avenue Interchange project is complete
4 Load limits as determined by Dakota County shall be adhered to by the applicant
Structural roadway improvements required by Dakota County shall be completed
with the full cost of the improvements borne by the applicant, Vesterra, LLC
The EAW for the proposed project noted the potential existence of a Type 1 Wetland
within the proposed project area The applicant shall provide written confirmation of
the status of this existing wetland as identified by the National Wetland Inventory
(NWI) and 1999 City of Rosemount Wetland Inventory It should be noted that the
status of this wetland as identified by the NWI was not confirmed as part of the 1999
RE: Vesterra, LLC Application for Permit
Page 2
City of Rosemount Wetland Inventory Upon receipt of wntten venfication of the
status of the wetland from the applicant, a proper course of action will be determined
6. On Exhibit 2, Operations Plan Year 1 and Exhibit 7, Boundary Survey, there are
existing structures shown within the proposed mining area It is assumed that these
existing structures will be remo as part of the mining operation Documentation
of abandonment of the existing well(s) and removal of the existing septic system in
accordance with current regulations shall be provided
As noted in the EAW, stormwater calculations shall be prodded for the proposed
pondmg The design of the proposed ponds shall be in accordance with City
standards for both water quality and quantity
The permit approval for the proposed mining operation shalt reference the
Environmental Assessment Worksheet for the Vesterra, LLC Sand and Gravel Mine
dated April 14, 2003 and responses to comments and Findings of Facts dated May 22,
2003
Should you have questions regarding the above comments, please do not hesitate to contact
me
Excerpt from the Regular Planning Commission Meeting of January 25, 2005
Public Hearing:
5C. Vesterra, LLC Mineral Extraction Permit Renewal.
City Planner Pearson reviewed the Staff Report Vesterra, LLC applied for a renewal of
the mineral extraction permit originally granted in 2003
Chairperson Messner asked the Commission for any questions for Mr Pearson.
Commissioner Powell stated that in the 2005 Conditions, Paragraph AA references a
memorandum which has not been attached Mr Pearson apologized for the over sight
and stated it would be attached to the conditions
Chairperson Messner opened the Public Heanng
MOTION by Powell 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 Powell to recommend that the City Council approve the mineral
extraction permit renewal for Vesterra, LLC subject to the attached conditions for
2005 Second by Humphrey Ayes Zurn, Messner, Humphrey and Powell
Nayes None Motion approved.
Mr Pearson indicated this item will be on the February 15, 2005 City Council Agenda
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Vesterra, LLC
Annual Mining Permit Renewal Request
December, 2004
As indicated in last year's permit renewal, mining activity commenced on the Vesterra
property in spring, 2004, under a lease agreement with Plaisted Companies It took
several months to complete all the stripping, berm construction and site layout work. The
black dirt was thicker in some places than anticipated, but it has all been stored in the
berm along the east side of the operation, as originally planned A small settling pand was
also contructed between the cropland and the nine face in order to trap sediment washing
off the feet and also to act as a retention/infiltration pond A slightly larger pond was dug
at the lowest point on the pit floor to act as a setthnghnfiltration pond
During the summer a small dry- screen processing plant was moved onto the property and
mining commenced. It took much of the rest of the season to `fine tune the plant and the
products Consequently, less than two thousand tons of product were actually removed
from the property during the year
It is anticipated that sales volume will begin to ramp up in 2005 It is very hard to
estimate the exact numbers, but something in the 50,000 to 100,000 ton range would be
reasonable. This is still well below the levels expected once the operation is fully
established
One of the activities normally associated with an operation such as this is the reselling of
small amounts of imported aggregate This is not really a retail operation in the normal
sense of the definition, but rather a service offered to small contractors such as
landscapers The amounts of material will likely be very small not more than a few
hundred tons a year Plaisted has built a row of holding bins usign concrete blocks.
These are rtiarked on the plar. Tlie concrete blocks are _fully portable, interlocking units
that can easily be removed once operations cease.
Truck traffic from the operation is minimal as yet Eventually, it is intended to exit the
pit in the southeast corner using the existing Kraft farm driveway direct onto Co Rd 71,
but this will probably not occur until 2006 At that time, the appropriate driveway and
access improvements will be made In the meantime, Vesterra accepts that it Aill be
responsible for fixing any impacts made to Co Rd 38 as a result of Vesterra truck traffic.
Owing to scheduling conflicts, the berm has not yet been properly seeded This will be
done as soon as the weather permits in the spring
Vesterra thanks the Rosemount Planning Con mssion and City Council for its
consideration of this application