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HomeMy WebLinkAbout6.l. Danner Mineral Extraction Permit Modification and Renewal for 2010, 09-31-MERC.)SEMOUNT EXECUTIVE SUMMARY .4 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. 2 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. 3 I r I / I ;S f 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 4 l I 1 1 1 i I ii =1 r �.1 `•,fir 1 II j r � F 1 Pul a o cq am Z Q Z =�� m W 0 W J --------- -...I, dd $$€r€ Hit F t 1 I 1 - I C o t, 9 O z 1 F ,3 a U a b i d C is] " I I j E. % pit!lF 4di ddb d E i• fill I iills ._ ----- - - -- -- i ldef rlf 7{ { B dd $$€r€ Hit F t 1 I 1 - I C o t, 9 O z 1 U I I j % i• fill I dd $$€r€ Hit F t 1 I 1 - I C o t, 9 O z 1 U I I j % dd $$€r€ Hit F t 1 I 1 - I C o t, 9 O z 1 fill ._ ----- - - -- -- i R 1 ! 1 1 ; o -� Li M21,11, Isir I 1 0 ............... .......... - - -- - - - -- - - - - - - - ----- - - - - - - - f ..... ...... ................................................................ ............................ ...... Z111 ------------------------------- ---------------------- at Zt' 'ON AVMH91H GIV hViS XiNnoo d < 0 L= N 1 Ir _ m i H1 , f 1 •�'/ III �'��� i,,� -- --• %�! � i,l'l t _ � / - ;; I 1, 1 /, , <' (/ ��� I �I I i II Z i s i - - -- !' _ --- ---- - - - - -- -------------+-------------------------- - - - - -- ------- - - - - -- I 2f 'ON AYMHOIH Oltl 31tl1S A1Nno:) r 0 --2 cc 4 � o � 6yyg lu� ai CC u- If . . .. ...... LI ills9 d. 01 xxg $fit ti I g 12 to lu - - ---- - - - - -- - - - -7- - ------- - --- ---------- 1 LI ills9 d. 01 xxg $fit ti I g 12 to lu 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 Zf� ot ri VIP- 4-J 40 x = U-J UAW 4-J E 0 0 or f 14,11 Ir z t cr � r � u� ° t� (/) C/] cC c U E .E p r 3 Y c 3 cQ iZ. x °a UO C N E p p"I ct OC cc n3 A. iC p U v O i CL c ' I O K cn 0 IT` V '.7 � z ir. iy^. i••.+ ,�•% hl 8.!b „r Ill P cn 000 tin CL cr i /i • �. 1\ I cc T - t , . • � nth � __ � • � _ � K• _ j e i ` 1 I , a I 04, , 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.