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HomeMy WebLinkAbout6.n. Danner Mineral Extraction Permit Renewal for 2011, Case 10-30-MEAGENDA ITEM: Case 10 -30 -ME Danner Mineral Extraction Permit Renewal for 2011 AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner li Y' AGENDA NO. ATTACHMENTS: Location Map; Excerpt from the draft January 25 Planning Commission Minutes; Mineral Extraction Permit; Final Reclamation Plan; E -mail from Kelly Riggins dated January 5, 2011. APPROVED BY: P0.) RECOMMENDED ACTION: Motion to approve the renewal of the Danner, Inc. Mineral Extraction Permit for 2011. 9 ROSEMOUNT CITY COUNCIL City Council Meeting Date: February 15, 2011 EXECUTIVE SUMMARY SUMMARY The applicant, Marlon Danner of Danner, Inc. owns and operates a gravel mine at 4594 145 Street East. Danner has requested the annual renewal of their mineral extraction permit for 2011. JANUARY 25 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the Mineral Extraction Permit during their meeting on January 25, 2001. There was no representative from Danner, Inc. present at the meeting. No residents spoke during the public hearing. The Planning Commission discussed the exhibits of the Mineral Extraction Permit. No further discussion occurred. The Planning Commission unanimously recommended approval of the Mineral Extraction Permit with conditions recommended by staff. BACKGROUND Applicant Property Owner(s): Location: Area: Comp. Guide Plan Design: Current Zoning: Marlon L. Danner of Danner, Inc. 4594 145 Street East one half mile east of US Highway 52 and one quarter mile south of CSAH 42 75 Acres BP Business Park; MDR Medium Density Residential; HDR High Density Residential AG Agriculture Danner owns a 75 acre property located directly south of County Road 42 and approximately one half mile east of US Highway 52. The gravel mine is operated on the southern half of the property with the northern half of the property being farmed. In 2010, Danner had a modification to the mining plan approved that allows mining to the 840 foot elevation, approximately 30 feet below the final reclamation elevation. The mining plan modification also allows Danner to haul clean material back to the site from public projects to return the site to that final reclamation elevation. Annual Renewal Danner operated within Phase 2 during 2010 and has removed approximately 50,000 cubic yards of material. Danner's mine is accessed by a gravel road along the eastern edge of the property. Danner plans to mine the eastern half of Phase 2 and work towards the east into Phase 1. Danner is moving back into Phase 1 to remove the aggregate to the 840 foot elevation that was approved in 2010. Staff has received complaints from the neighbor to the east, Otto Ped, regarding the fact that Danner is the sole user of the gravel road while previously the gravel road was jointly used by Danner and Solberg Aggregates when Solberg was mining on Otto Ped's property. Mr. Ped's concern is that the maintenance road is solely the responsibility of Danner since Solberg no longer uses the road. The surveys provided by Danner and prepared by Pioneer Engineering show the road on the property owned by Danner. As the property owner, Danner will be responsible for the maintenance of the gravel access road to the site. There have been no other comments or concerns submitted to the City regarding the Danner mining operation. The mineral extraction permit contains 31 conditions of approval. Failure by Danner, Inc. to follow any of the 31 conditions would revoke the mineral extraction permit. RECOMMENDATION Staff recommends renewal of the Danner, Inc. Mineral Extraction Permit 2011. This request is subject to the conditions outlined in the attached permit as well as the mineral extraction permits standards outlined in Section 12.4 of the Zoning Ordinance. Upon review of these standards, police records, and the information submitted by the applicant, staff recommends renewal of this permit. 2 Danner Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. `"his is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 1600 feet EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JANUARY 25, 2011 a. Danner, Inc. Mineral Extraction Permit Renewal for 2011 (10- 30 -ME). Senior Planner Zweber stated that the applicant, Danner, owns a 75 acre property located directly south of County Road 42 and approximately one half mile east of US Highway 52. The gravel mine is operated on the southern half of the property with the north half of the property being farmed. In 2010, Danner had a modification to the mining plan approved that allows mining to the 840 foot elevation, approximately 30 feet below the final reclamation elevation. The mining plan modification also allows Danner to haul clean material back to the site from public projects to return the site to that final reclamation elevation. Mr. Zweber further stated that Danner operated within Phase 2 during 2010 and has removed approximately 50,000 cubic yards of material. Danner's mine is accessed by a gravel road along the eastern edge of the property. Danner plans to mine the eastern half of Phase 2 and work towards the east into Phase 1. Danner is moving back into Phase 1 to remove the aggregate to the 840 foot elevation that was approved in 2010. The applicant was not present. The public hearing was opened at 6:37p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Kolodziejski. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:37p.m. Commissioner Demuth asked about the Exhibit C referenced in the permit and Mr. Zweber responded that it should state Exhibit A. MOTION by Chairperson Ege to recommend the City Council renew the Danner Mineral Extraction Permit for 2011, subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the 2011 Conditions for Mineral Extraction, including: 1. Provision of a surety bond as required under item N of the 2011 Conditions for Mineral Extraction. 2. Provision of a certificate of comprehensive general liability insurance as required under item 0 of the 2011 Conditions for Mineral Extraction. Second by Powell. Ayes: 5. Nays: None. Motion approved. Mr. Zweber stated that this item will go before the City Council at the February 15, 2011, regular council meeting. Mineral Extraction Permit 2011 Conditions for Mineral Extraction Permit Renewal DANNER, INC. A Danner Inc., hereinafter referred to as the "Property Owner shall sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit. B The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11 -10 -04 of the City Code. C This permit is granted for the area designated as the eastern half of Phase Two and the entire Phase One (approximately 19.5 acres) on Exhibit A, Final Reclamation Plan, Sheet 2 of 4,which is attached hereto as one of the exhibits. Regrading and reclamation is granted for the area designated on Exhibit A. D The term of the permit shall extend from January 1, 2011 until December 31, 2011 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit fee shall be paid to the City of Rosemount. E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. F The final grading for the permit area shall be completed in accordance with Exhibit A, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and /or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department if any changes occur relative to the mining process. H A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Owner has received 24 -hour verbal notice, the City may complete or contract to complete the clean up at the Property Owner's expense. In the event of a traffic hazard as determined by the Public Works Director or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner's expense without prior notification. I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on Exhibit A. K Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. 1 L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, subject, however, to being changed by the City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00 /acre) of active phase in favor of the City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Property Owner. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Engineer, or any other City officials. (4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. (5) The surety bond or cash escrow shall remain in effect from January 1, 2011 to July 31, 2012. Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no /100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million 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 January 1, 2011 to July 31, 2012. P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. Q. R. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. 2 S. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six -month period. T. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. U. 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. V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. X. All recycling must be completed with the completion of the current phase and materials removed from the site. No recycling processes shall be allowed to continue into subsequent phases. Y. 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. Z. 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. AA.The fill area regrading and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota including a bi- annual report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material. BB. No gravel mining is permitted in the Fill Area as shown on Exhibit A. CC. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation shown on Exhibit A with haul -back, clean -fill material in accordance with the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the groundwater aquifer. DD. Bi- annual report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material. EE Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit. 3 That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of 2011. STATE OF MINNESOTA COUNTY OF 4 DANNER, INC. By: Its: The foregoing instrument was acknowledged before me this day of 2011, by on behalf of Danner, Inc., Property Owner. Notary Public Zty ON AVMHOIH CIV 3.I.VIS Ai Nnoo L Ng 11 r:n1 1 7; Li 5. 115 .c2t 3 i€ Zweber, Eric From: Kelly Riggins [kellyr ©dannerinc.com] Sent: Wednesday, January 05, 2011 12:00 PM To: Zweber, Eric Subject: RE: Danner Mineral Extraction Permit Eric, I was just talking to Marley and he claims that you should have a current plan in your office from Pioneer Engineering, on that plan it shows that the road is mostly on our land so we should not have to get permission. We are also on Phase 1 going to the east and in Phase 2 we started filling that in. We removed approximately 50,000 yards this year. Let me know if you have any questions. Thanks Kelly From: Zweber, Eric [mailto:eric.zweber @ci.rosemount.mn.us] Sent: Monday, December 27, 2010 4:31 PM To: kellyr @dannerinc.com Subject: Danner Mineral Extraction Permit Kelly, I need to talk with someone regarding the Danner mine in Rosemount and its access to County Road 42. In the past, I've have talked with Jerry Bachman, but your office said he is out of town for a while. The issue is that the current access to the mine is half on Danner's property and half on Otto Ped's property. Otto has stated that he is unwilling to have the access on his property and Danner needs to show that have an ownership right to use the current access. Can you have someone contact me that would be able to address this issue? Thanks, Eric Zweber Senior Planner City of Rosemount (651) 322 -2052 1