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HomeMy WebLinkAbout6.g. Request by Total Construction & Equipment, Inc. for the Mineral Extraction Permit Renewal through 2010 at the Thomas Furlong Gravel Mine, Case 10-08-ME4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: April 20, 2010 AGENDA ITEM: Case 10 -08 -ME Request by Total Construction & Equipment, Inc. for the AGENDA SECTION: Mineral Extraction Permit Renewal through Consent 2010 at the Thomas Furlong Gravel Mine PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. ATTACHMENTS: Site Map; 2010 Mineral Extraction Permit; APPROVED BY: Phasing Map; Reclamation Map; Excerpt from the March 23 Planning Commission Minutes RECOMMENDED ACTION: Motion to renew the Total Construction & Equipment, Inc. Mineral Extraction Permit for 2010. ISSUE The applicant, Total Construction & Equipment, Inc. operates a gravel mine on property owned by Thomas Furlong located on the west side of Fischer Avenue approximately 1/a mile south of County Road 42 /Minnesota FEghway 55. Total Construction has requested the annual renewal of their mineral extraction permit for 2010 to continue mining in phase 1 of the operation. MARCH 23 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the mineral extraction permit during their March 23 meeting. No residents spoke during the public hearing. Wilfred Krech, president of Total Construction, addressed the Planning Commission and stated that they had operated in the gravel mine in 2008 but the slow economy did not allow him to operate the mine in 2009. Mr. Krech was not sure if he would perform any mining this year but wants to have an active permit in case the economy improved and he had a project that would require gravel from this mine. The Planning Commission recommended approval of the mineral extraction permit unanimously. BACKGROUND Applicant: Property Owner: Location: Area: Comp. Guide Plan Design: Current Zoning: Total Construction & Equipment, Inc. Thomas Furlong West side of Fischer Avenue 1/4 mile south of CSAH 42 /Mn Hwy 55 80 Acres AG - Agriculture AG - Agricultural Thomas Furlong owns an 80 acre property located on the west side of Fischer Avenue approximately one quarter mile south of County Road 42 /Minnesota Highway 55. The gravel mine has operated intermittently with Total Construction operating in the mine in 2008 but not operating last year. Annual Renewal Total Construction operated within Phase 1 of the gravel mine during 2008. There was no gravel mining conducted in 2009. It is anticipated that during 2010 that Total Construction will continue to operate within phase 1 of the gravel mine. There are no proposed changes in the operation of the Total Construction gravel mine and the conditions proposed within the Mineral Extraction Permit are carried over from years past. RECOMMENDATION Staff recommends that the City Council approve a motion to renew the Total Construction Mineral Extraction Permit for 2010. K SITE MAF =' jP=i I Y ID NUMBER: 34.02800 -010 -85 2003 ESTIMATED MARKET VALUES (PAYABLE 2004) . EE OWNER: THOMAS 8 CARRIE TSTE FURLONG LAND: : LOT SIZE COMMON NAME'. FURLONG GRAVEL PIT BUILDING: 14080 FURLONG TRL TOTAL: 01M 3,482,369 TOTAL SO FT HASTINGS MN 55033 -8523 79.94 TOTAL ACRES r , =�.ELE ?003 TAXES SCHOOL DISTRICT: 196 67,117 ROAD R/W SO FT LOCATION: SE114 SE114 SECTION 28- 115 -18 N=T 7 =Y. : - Z SPECIAL ASSESSMENTS. 000 -TOTAL PAYABLE 2004 HOMESTEAD STATUS: FULL HOMESTEAD TAX 8 SA: WATERSHED DISTRICT: VERMILLION RIVER r,4YABLE 2004 ASMNT USAGE:AG -GREEN ACRES RESIDENTIAL LAST QUALIFIED SALE u 5 dj f r Dinansions rounded to nearest foot .opynomt 2GC3. Dakota County - DATE: AMOUNT: lid LL d 2003 BUILDING INFORMATION (PAYABLE 2004): NO DATA AVAILABLE I -rtes arawing is neither a legally recorded map nor a survey and is not intended to be used as one. i nis sawing is a compilation of records. information and data located in various city, county, and gate offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are ';unc please contact Dakota County Survey and Land Information Department. .� ?c Date: -ril 11, 2003 Parcels Updated: 4/3/2003 Aerial Photography: 1990 :f1 I iso TO PLAT NAME: . SECTION 28 TWN 115 RANGE 16 N TAX DESCRIPTION: E 1/2 OF SE 1/4 080000 2811519 5 Z 0 7 L - Z no" 2 LL -rtes arawing is neither a legally recorded map nor a survey and is not intended to be used as one. i nis sawing is a compilation of records. information and data located in various city, county, and gate offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are ';unc please contact Dakota County Survey and Land Information Department. .� ?c Date: -ril 11, 2003 Parcels Updated: 4/3/2003 Aerial Photography: 1990 :f1 I iso TO PLAT NAME: . SECTION 28 TWN 115 RANGE 16 N TAX DESCRIPTION: E 1/2 OF SE 1/4 080000 2811519 5 2010 Mineral Extraction Permit Conditions for Mineral Extraction Permit Renewal TOTAL CONSTRUCTION & EQUIPMENT, INC. / THOMAS FURLONG A. Total Construction & Equipment, Inc. (hereinafter the "Operator") shall sign a written consent to these conditions binding itself and its successors and assigns to the conditions of this permit. Thomas Furlong (hereinafter referred to as "the Property Owner") shall sign a written consent to these conditions binding himself and his successors, heirs or assigns to the conditions of this permit. B. This permit is granted for the area designated as Phase 1 on Exhibit A, which is attached hereto. C. The term of the permit shall extend from April 14, 2010 until December 31, 2010 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $370.00 shall be paid to the City of Rosemount. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City') or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. That 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 attached as Exhibit B, or as approved by the City Engineer and any other conditions as may be imposed by the City from time to time. F. The grading plan shall be revised to exclude all trees along Fischer Avenue. No grading shall occur within the drip zone or beneath the spread of branches of any tree. G. All gravel trucks shall enter and exit the mining area from Fischer Avenue. It shall be the Property Owner's responsibility to obtain any access permits or easements 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 or the Minnesota Department of Transportation if applicable or 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 streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the Property Owner has received 24 hour verbal notice, the City will complete or contract to complete the clean-up at the Property Owner's expense. In the event of 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. 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 indicated on Exhibit A the Phasing Plan. Topsoil shall be provided to a minimum of four (4) inches and shall be consistent with city specifications for all restored phases. 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 Public Works Director 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 City 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. (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 Public Works Director or any other City officials. (4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all claims for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. (5) The existing surety bond shall remain in force until July 31, 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 deposit during the term of this permit in order to insure that the City is adequately protected. 2 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, and at least One Million and no/ 100 ($1,000,000.00) Dollars for injury or death of more than one person arising out of one occurrence and 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 April 14, 2010 until July 31, 2011. P. The accessory aggregate sorting and washing plant shall be enclosed by a temporary fence. In addition, the northern perimeter shall also be fenced. 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. That the Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorneys fees which 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. 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. 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 requires the replacement of the entire stockpile of topsoil to the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control, provided also that the minimum depth of topsoil shall not be less than four inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). W. The Property Owner shall provide a deposit of $5,000 as a security to ensure that Fisher Avenue will be resurfaced with one hundred percent (100 %) crushed Class 2 following the removal of the accessory aggregate sorting and washing plant. The escrow may be replaced by another form of security acceptable to the City Administrator. X. Fisher Avenue shall be continuously maintained and bladed at the end of each day and kept open to traffic. 3 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 this permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders 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. Deposits held by the City under this agreement shall not accrue or pay interest to the property owner. Unused deposits will be returned to the property owner. AA. 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. IN WITNESS WHEREOF, Thomas Furlong, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this day of , 2010. B3q STATE OF MINNESOTA SS COUNTY OF Thomas Furlong The foregoing instrument was acknowledged before me this day of , 2010 by Thomas Furlong, the Property Owner. Notary Public n ou IN WITNESS WHEREOF, Wilfred Krech, President of Total Construction & Equipment, Inc., the operator, hereby consents and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this day of , 2010. STATE OF MINNESOTA COUNTY OF ) SS ) Total Construction & Equipment, Inc. By: Wilfred Krech Its: President The foregoing instrument was acknowledged before me this day of 2010 by Wilfred Krech, President of Total Construction, the operator. Notary Public 5 ii 8 1 s er 3 11 '� �� � � '� _ - •, ..rte , ' I t 1 / 11 /1 \``` \\\ ^` `,"1` ice,``~ ^/ 'i1. `•�.. `,I\ ,11 . � tt � P ♦ �� ♦♦♦ , 111 .. �I , \`` 'v _�_ _ � —'' ;�•, •I /' ^del\. / t 1 1lSeS =� I ' -�wdz5�o� =�ooz S '�aa 0 0 g g ON I t , c III -- `• ^ -� �_ii �� / - --' - I �Y 1 , EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING MARCH 23, 2010 5.a. Request by Total Construction to Renew their Mineral Extraction Permit through 2010 at the Thomas Furlong Gravel Mine (09- 31 -ME). Senior Planner Zweber stated the applicant, Total Construction & Equipment, Inc. operates a gravel mine on property owned by Thomas Furlong located on the west side of Fischer Avenue approximately 1/4 mile south of County Road 42 /Minnesota Flighway 55. Total Construction has requested the annual renewal of their mineral extraction permit for 2010 to continue mining in phase 1 of the operation. Applicant, Wilfred Krech, 9574 Inver Grove Trail, approached the Commission and stated that mining is slow right now and the only material taken out of the mine recently has been sand for Tom Furlong's golf course. They hope to get more business soon to be able to mine more sand from the pit. The public hearing was opened at 6:35p.m. There were no public comments. MOTION by Irving to close the public hearing. Second by Ege. Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:35p.m. There were no comments from the Commissioners. MOTION by Irving recommend the City Council renew the Total Construction & Equipment, Inc. Mineral Extraction Permit for 2010, subject to the following condition: 1. Conformance with the 2010 Conditions for Mineral Extraction, including the submission of an updated Surety Bond in the amount outlined in the 2010 Conditions for Mineral Extraction. Second byEge. 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 April 20, 2010.