HomeMy WebLinkAbout6.l. Danner Mineral Extraction Permit Modification and Renewal for 2010, 09-31-MERC.)SEMOUNT EXECUTIVE SUMMARY
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CITY COUNCIL
City Council Meeting: January 19, 2010
AGENDA ITEM: Case 09 -31 -ME Danner Mineral
AGENDA SECTION:
Extraction Permit Modification and
Consent
Renewal for 2010
PREPARED BY: Eric Zweber; Senior Planner
AGENDA NO.
ATTACHMENTS: Site Map, 2010 Mineral Extraction
Permit, November 2009 Status Map; Fill
APPROVED BY:
Area Grading Plan; Reclamation /Final
Grade Plan; Maximum Mine Depth Plan;
Braun Intertec Boring Log ST -807; Well
Location Exhibit; Excerpt from the
Quaternary Hydrogeology Plate from the
Dakota County Geological Atlas; Danner
Inc. Borrow Pit Reclamation Protocol;
Excerpt from the January 12, 2010
Planning Commission Minutes.
RECOMMENDED ACTION: Motion to renew the Danner Mineral Extraction Permit for
2010 and modify the Mineral Extraction Permit to allow the mining to the 840 foot elevation
on the Southern Half of the Property.
ISSUE
The applicant, Marlon Danner of Danner, Inc. owns and operates a gravel mine at 4594145` Street East.
Danner has requested the annual renewal of their mineral extraction permit for 2010 and a modification to
mineral extraction permit to allow for mining to the 835 foot depth and bringing haul -back, clean -fill
material into the site to achieve reclamation grades.
JANUARY 12 PLANNING COMMISSION MEETING
The Planning Commission conducted a public hearing for the mineral extraction permit on Tuesday,
January 12, 2010. No residents spoke during the public hearing.
Jerry Bachman, representing Danner, Inc., approached the Commission and stated that he was willing to
answer any questions they may have. Vanessa Demuth asked if Danner Inc. was in agreement with staffs
recommendation to limit mining to the 840 foot elevation due to the presence of bedrock. Mr. Bachman
stated that Danner, Inc was in agreement and that Danner does not mine bedrock because they do not
wish to use the explosives necessary for bedrock mining. No additional questions were asked by the
Planning Commission.
The Planning Commission unanimously recommended approval of the mineral extraction permit and
modification of the permit to the depth of 840 feet on a vote of 3 -0. Commission members Messner and
Irving were absent from the meeting.
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 north
half of the property being farmed. In 2008, Danner was approved to perform some grading operations on
the north half of the property to facilitate the future development of the property. That approval did not
permit mining on the north half of the property but did allow some importing of clean fill material for
grading purposes provided it met an approved protocol.
Danner's mining vehicles share a joint access with the gravel mining operation to the east on the Otto Ped
property. The access road is located on the Danner and Otto Ped property line. The end elevations of the
reclamation plan show an end grade that is highest on the southern end of the property at the 880
elevation and gently falling in grade to the north (towards County Road 42) to an elevation of 850 feet.
The surrounding property also falls in elevation from the south to the north.
Annual Renewal
Danner operated within Phase 2 and the northern half of Phase 3 during 2008. The operation has reached
the southern limits of the property for Phase 1 and 2. It is anticipated that during 2010 Danner will
remove the berm on the east side of the mine which will daylight the property with the completed phases
of the Solberg /Total Construction operation on the Otto Ped property to the east. Danner will also work
within the southern half of Phase 3 and the eastern half of Phase 4. Once that mining is completed,
Danner will be starting in Phase 1 to do the lower elevation mining and haul -back that is requested in the
permit modification.
Staff is supportive of the annual renewal to allowing mining activity in the southern half of Phase 3 and the
eastern half of Phase 4. This recommendation is subject to the conditions outlined in the attached Mineral
Extraction Permit. In addition to these specific conditions, all mineral extraction permits are subject to the
general performance standards outlined in Section 11 -10 -4 of the zoning ordinance.
Mineral Extraction Permit Modification
Danner has completed more than half of the gravel mining that is permitted on the property which allows
mining down to the 862 foot elevation. Danner has determined through soil borings that there is gravel
within the mine extending approximately another 20 feet below the 862 foot elevation. To fully utilize the
mine, Danner is requesting to modify their mineral extraction permit to mine to the 835 foot elevation on
the condition that the final reclamation of the mine is returned to the approved 862 foot elevation through
hauling clean fill back to the mine and compacting it. This haul -back request is similar to the haul -back
provision approved at the Shafer mine.
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Some of staff's concerns in approving the Danner modification request are that the mining activity does
not occur within the groundwater and provides a safe distance between the bottom of the mining activity
and the normal groundwater level. To address this subject, three exhibits are provided: a boring log
performed by Braun Intertec; a well location exhibit from Pioneer Engineering including static water
elevation contours; and an excerpt from the Quaternary Hydrogeology Plate from the Dakota County
Geological Survey.
Danner is requesting to modify their mineral extraction permit to mine to the 835 foot elevation. The
Braun Intertec boring log shows that they hit the sandstone bedrock at the 840.7 foot elevation and
continued to bore to the 830.5 elevation without hitting groundwater. Pioneer Engineering prepared a
Well Location Exhibit including contours for the groundwater elevation based on the well logs for the
area. The contours show an approximate 820 foot groundwater elevation in the southwest corner of the
property dropping to an 800 foot elevation in the northwest corner of the property. The Dakota County
Geological Survey indicates that the elevation of the groundwater under the Danner property is between
800 and 750 feet in elevation. All three exhibits indicate that Danner would not reach the groundwater at
the 835 foot elevation.
After reviewing all the exhibits provided, staff believes that there is sufficient distance between the bottom
of the mine and groundwater, but staff is not supportive of the 835 foot elevation as requested. For
example, other surrounding communities such as Apple Valley and Empire Township are reluctant to
approve mining close to groundwater and have additional regulations closer to the groundwater table.
Apple Valley adds regulations within 15 feet of groundwater and Empire Township does when mining
within 10 feet of groundwater. It appears that the 835 foot elevation would be at least 15 feet above the
groundwater elevation, but staff is concerned by the boring that shows the sandstone bedrock begins at
840.7 feet. The standards within the Mineral Extraction Permit are written to regulate sand and gravel
mining, not bedrock mining. Bedrock mining employs different methods of mining, possibly including the
blasting of explosives. To address this concern, staff has proposed two conditions: the first to limit the
bottom of the mining to be the 840 foot elevation, and the second to prohibit the use of blasting or use of
explosives in the Danner gravel mine.
RECOMMENDATION
Staff recommends that the City Council approve a motion to renew the Danner Mineral Extraction Permit
for 2010 and the modification of Mineral Extraction Permit to allow for mining to the 840 foot elevation
with the conditions provided with the Permit.
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Danner, Inc.
SITE
Copyright 2008, Dakota County - Map Date: January 8, 2008
Mineral Extraction Permit
2010 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 terns 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 southern half of Phase Three and the entire Phase
Four (approximately 19.5 acres) on Exhibit A, Phasing Plan which is attached hereto as one of the exhibits.
Regrading and reclamation is granted for the area designated as Phase One Fill Area on Exhibit B, Fill Area
Grading Permit.
D The term of the permit shall extend from January 1, 2010 until December 31, 2010 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 the attached Final Grading and
Reclamation Plan labeled Exhibit C, 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
Highway42. It shall be the Property Owner's responsibilityto 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 minim 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 bythe 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.
J 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 the Phasing Plan.
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.
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 bythe Property Owner. The required suretybonds must be:
(1) With good and sufficient surety bya 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 inform and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and
requirements of the pen-nit; 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, 2010 to July 31, 2011.
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 anyone occurrence. The policy of insurance shall name the City as an additional insured and shall
remain in effect from January 1, 2010 to July 31, 2011.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction
debris, or hazardous materials of any Idnd 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.
Q. 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.
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 anytime 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 anytime the pit is not
in use.
AA.The fill area regrading and reclamation shall followthe procedures described in the Danner Inc. BorrowPit
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 Grading Plan area, Exhibit B.
CG Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation
shown in the Final Grading and Reclamation Plan labeled Exhibit C 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.
k]
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
'2010.
STATE OF MINNESOTA
0
COUNTY OF
DANNER, INC.
By:
Its:
The foregoing instrument was acknowledged before me this dayof , 2010, by
, on behalf of Danner, Inc., Property er.
Notary Public
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BRAUN"'
INTERTEC
LOG OF BORING
Braun Project BL -09 -04228
BORING: ST -807
Water Level Evaluation
Danner Pit
LOCATION:
Northerly 195542.953
Rosemount, Minnesota
Easterly 579374.23
DRILLER: J. Chermak
METHOD: 3 1/4" HSA, Autohammer
DATE: 10/2/09
SCALE: V = 4'
Elev.
Depth
feet
feet
ASTM
Description of Materials
BPF
WL
Tests or Notes
870.7
0.0
Symbol
(ASTM D2488 or D2487)
SIP
:'.
POORLY GRADED SAND to WELL - GRADED SAND,
Benchmark: Surface
869.7
1.0
fine- to medium - grained, with a trace of Gravel and
elevation at the boring
layers of Clayey Sand, wet.
location provided by Danner,
—
(Glacial Outwash)
Inc.
POORLY GRADED SAND to POORLY GRADED
—
SAND with SILT, fine- to medium- grained, with varying
_
amounts of Gravel, brown, moist.
(Glacial Outwash)
FLNOV2 2009
840.7
30.0
50/3"
50 blows for 3 inches.
SS
: ;
SANDSTONE, very fine- grained, white with rust
staining.
BL -09 -04228 Braun Intertec Corporation ST-807 page 1 of 2
BRAUN`
[NTERTEC
LOG OF BORING
Braun Project BL -09 -04228
BORING: ST -807 (cunt.)
Water Level Evaluation
Danner Pit
LOCATION:
Northerly 195542.953
Rosemount, Minnesota
Easterly 579374.23
DRILLER: J. Chermak
METHOD: 3 1/4" HSA, Autohammer
DATE: 1012/09
SCALE: V = 4'
Elev.
Depth
feet
feet
ASTM
Description of Materials
BPF
WL
Tests or Notes
838.7
32.0
Symbol
(ASTM D2488 or D2487)
SANDSTONE, very fine- grained, white with rust
staining. (continued)
50/3"
50 blows for 3 inches.
- -30.5
40.2
50/3"
50 blows for 3 inches.
END OF BORING.
Water not observed while drilling.
Water not observed 15 minutes after last sample.
Boring then grouted.
—
p M Qc,
-
NOV 12 2009
By
BL -09 -04228 Braun Intertec Corporation ST -807 page 2 of 2
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DANNER INC.
BORROW PIT RECLAMATION PROTOCOL
ROSEMOUNT, MINNESOTA
OVERVIEW
Danner Inc. is currently mining granular materials from the property at 4594 145`h Street,
and has submitted plans and details to the City of Rosemount specifying final or bottom
elevation for the completed pit. Danner Inc recognizes that the City requires reclamation
of the property, and sees merit in initiating this process such that the mining equipment
can also be used to place "haul- back" earth materials in a controlled fashion over time.
The materials that will be used to refill the borrow area will be restricted to soils taken
from projects from local Municipalities. Materials taken from these projects have an
excellent historical record of being free from "contamination or hazardous" materials and
therefore are ideally suited for the reclamation process. Given these conditions, Danner
Inc desires to use "haul- back" materials from projects from local Municipalities as
controlled fill to accommodate future light commercial construction.
Protocol Guiding Principles
Danner Inc.'s protocol involves the ongoing reclamation of the borrow pit with the end
goal of creating prepared building pads for light commercial construction. To the end, the
guiding principles included in the protocol presented to the City include the following:
1) All offsite fill materials will be evaluated for the presence of "contamination or
hazardous ", which would be unacceptable to the City.
2) No offsite fill materials will be include debris, refuse or other deleterious materials,
which would be unacceptable to the City.
3) Organic soil will only be acceptable for designated berms or green areas.
4) Earth materials used as controlled fill will be comprised of soil types that lend
themselves to the development of a normal moisture - density relationship for
compaction.
5) Danner Inc. recognizes that some conditioning of the haul -back soils may be required
to facilitate compaction.
a) The size of the borrow facility permits placing materials in thin lifts for aeration
and compaction purposes.
6) Danner Inc. will coordinate Braun Exc. Services to obtain environmental screening
and Standard Proctor samples prior to hauling any earthen materials to the site.
a) Once approved for fill placement, Danner Inc. will coordinate for site
observations and compaction tests at representative intervals during the
reclamation operations.
7) Based on plans submitted to the City, fill thickness will approach 4 -8 feet.
a) The reclamation protocol will include additional site geotechnical evaluation of
the completed fill sequence through the placement of soil borings or electric
piezocone soundings.
b) This additional parcel specific information will be utilized to develop foundation
plans /recommendations for commercial building purposes.
Quality Assurance
Fill Material Control
1) Danner Inc. will retain Braun Intertech to perform acceptance testing of haul -back
material
proposed for use in the borrow area.
a) Representatives of Braun Intertech will sample and perform
screening tests on proposed fill materials in accordance with their
letter.
b) Danner Inc. will provide Braun Intertech with source of imported
materials and contact name of their representatives at that
location to coordinate the screening activities.
2) In addition to environmental tests, the following pre - qualification testing will be
performed for each soil type:
Description
Method of
Standard
Frequency
Action
Test
Required
(If failure)
Standard Proctor
ASTM D698
Test required in conjunction
1 per soil type
N/A
moisture density
with field density test for
test
determination of
compaction leveis
Particle size
ASTM: D422
Test required to document
l per source or
If soil tests as
analysis
if certain soils are moisture
change in soil type
being moisture
sensitive or will not
sensitive,
develop normal moisture
materials will
density relationship
be restricted to
non - structural
areas
3) Braun Intertech will verbally advise owner of any material that fails screening for
contamination or hazardous materials, or will no produce a normal moisture -
density relationship for compaction.
4) Braun Intertech will provide soil test reports within three working days of testing
for routine soil types. Some environmental screening may require longer lead
times.
Quality Control
Filling Placement Requirements
1) Prior to any filling operations, Danner Inc. will coordinate with Braun Intertech
that materials being transferred to the site are free of contamination and/or
hazardous materials, and these materials have been tested for optimum moisture -
density relationship and gradation.
a. Danner Inc. will restrict earth materials to those free of debris, rubbish,
frozen clumps, free of cobbles and boulders over 10" in diameter, organic
soils, vegetation, or other materials.
i. Organic materials will be stockpiled for utilization on
embankments and organic slopes, as detailed in the plans
submitted to the City.
2) Danner Inc. will perform all fill, backfill, and compaction in accordance with the
recommendations of the reclamation protocol.
a. The bottom elevation of the borrow pit or the various fill layers should be
graded such that standing water does not occur.
b. Fill surfaces should be maintained to keep areas free of water during
placement and compaction
c. Danner Inc. will not place backfill or fill materials on surfaces that are
muddy, frozen, or that contain frost or ice.
3) Danner Inc. will only use fill materials with moisture contents near optimum
(OMC) based on the Standard Proctor moisture - density relationship test.
a. Fill materials shall be conditioned, either dried or water added, in order to
obtain moisture level near optimum.
b. Danner Inc. will correct and soft or unstable areas by scarifying, wetting
or drying and then subjecting to surface compaction procedures
Compaction Requirements
1. Danner Inc. will not allow loose fill layers to exceed 1 foot in thickness.
2. Danner Inc. will utilize skilled work persons and proper equipment in good
working condition to perform the work to full completion in a satisfactory
manner.
3. Fill compaction will meet the following requirements:
Item
Description
Method of Test
Minimum % of
Minimum No. of
(Standard Proctor)
Maximum Dry
Tests per Unit Area
General
Structural areas beneath
ASTM: D698
98%
1 per 2000 cubic yards
Building pad
the building pad including
or every 54,000 sq ft
area
a 1.1 oversize zone
per lift
extending beyond the
Non-
External non - structural
ASTM: D698
95%
1 per 2000 cubic yards
building pad
areas above/outside the
or every 54,000 sq ft
areas
1.1 zone
per lift
Lawn or
In embankments or green
ASTM: D698
90%
1 per 2000 cubic yards
unpaved
areas
or every 54,000 sq ft
areas
per lift
4) Fill materials that have been placed but found to be below specified density, shall
be subjected to additional compaction and testing until the fill meets or exceeds
specified density.
Field Ouality Control Coordination
1. Danner Inc. will notify Braun Intertech prior to the initiation of any control fill
placement so independent testing laboratory can document that sub grade surface
is acceptable for fill placement.
2. Danner Inc. will arrange for Braun Intertech to perform compaction testing as
placement occurs.
a. Tests will be performed to the frequencies required per lift.
3. Danner Inc. will provide elevation and location control on site so independent
testing laboratory can properly locate its tests and retests, as required.
4. Danner Inc. will perform surveys on an ongoing basis or as a minimum at the end
of every year's fill placement to develop as -built documents for submission to the
City.
5. Filling operations will not be performed during the winter months.
- - -- - a -- Fill - materials- can- be- stoGkpiled a-at- designated - areas -on -sit— fir -fd
placement when weather conditions are appropriate.
EXCERPT FROM DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JANUARY 12, 2010
5.a. Request by Danner Contracting to Modify and Renew their Mineral Extraction Permit through
2010 (09- 31 -ME). Senior Planner Zweber stated the applicant, Marlon Danner of Danner, Inc. owns
and operates a gravel mine at 4594 145th Street East. Danner has requested the annual renewal of
their mineral extraction permit for 2010 and a modification to mineral extraction permit to allow for
mining to the 835 foot depth and bringing haul -back, clean -fill material into the site to achieve
reclamation grades. Mr. Zweber stated that staff recommends the Planning Commission approve a
motion to recommend the renewal of the permit and modification to allow for mining to the 840
foot elevation with the staff provided conditions.
The applicant, Jerry Bachman, Danner Family Partnership, approached the Commission and stated
he was available to answer any questions.
Commissioner Demuth asked the applicant if Danner was in approval of the 840 foot elevation
requirement and Mr. Bachman replied that they were.
The public hearing was opened at 6:42p.m.
There were no public comments.
MOTION by Demuth to close the public hearing. Second by Ege.
Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:42p.m.
There were no further comments from the Commissioners.
MOTION by Schwartz recommend the City Council renew the Danner Mineral Extraction Permit
for 2010 and modify the Mineral Extraction Permit to allow the mining to the 840 foot elevation on
the Southern Half of the Property, subject to:
1 Conformance with the attached 2010 Conditions for Mineral Extraction, including the
submission of an updated Surety Bond in the amount outlined in the attached 2010 Conditions
for Mineral Extraction.
2 Mining shall be limited to no deeper than the elevation of 840 foot mean sea level. In no
instance shall any mining occur within the groundwater aquifer.
3 Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit.
4 Submit bi- annual reports to the City containing information about the quantities of material
brought in, where the material came from, and the test results of the material.
5 Conformance with Danner Inc. Borrow Pit Reclamation Protocol, Rosemount, MN.
Second by Demuth.
Ayes: 3. Nays: None. Motion approved.
As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on
January 19, 2010.