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HomeMy WebLinkAbout6.t. Request by Vesterra, LLC and Stonex, LLC to Renew their Mineral Extraction Permit through 2010, Case 09-28-MEAGENDA ITEM: 09 -26 -ME Request by Vesterra, LLC and Stonex, LLC. To Renew their Mineral Permit through 2010 A ENDA SECTION: C.O1'l4' Extraction PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. (1):1 ATTACHMENTS: Draft 11/24/09 PC Minutes, 2010 Conditions for Mineral Extraction, Location Map, 2010 Amended Mine Plan, Present Conditions and 2010 Mine Plan, Applicant's Narrative APPROVED BY: DO) RECOMMENDED ACTION: Motion approve renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2010, subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the attached 2010 Conditions for Mineral Extraction. 4 ROSEMOUNT City Council Meeting: SUMMARY Applicant: Property Owner: Location: Area in acres: Comp Plan Designation: Current zoning: Nature of request: Material removed in 2008: CITY COUNCIL December 15, 2009 EXECUTIVE SUMMARY Jonathan Wilmshurst of Vesterra, LLC and Stonex, LLC Flint Hills Resources South of Bonaire Path (County Road 38) extending 1/2 mile to southern boundary, 1/4 mile west of Blaine Ave. Vesterra 75 Acres, the north half along 135` Street East. Stonex 80 Acres, the south half. IM Industrial Mixed Use AG, Agriculture Renewal of the mineral extraction permit for 2010 Approximately 50,000 tons The applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2009. The subject properties are located south of Bonaire Path, 1/4 mile west of Blaine Ave. (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills and Vesterra, LLC /Stonex, LLC are parties to the permit, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their regular meeting on November 24, 2009. Draft minutes from that meeting are attached for your reference. Staff presented this item stating Vesterra /Stonex, LLC requests renewal of their mineral extraction permit for 2010. Planner Lindahl noted activity in the pit increased in 2009 as a result of securing Solberg Aggregate as a longer term tenant. Staff concluded by stating there was no police activity at the site during 2009 and recommended approval of this item. Chairman Ege opened the public hearing inviting any public comment on this item. After hearing Surrounding Land Use and Zoning Information Direction Current Land Use Guided Land Use Zoning North Agriculture Agriculture Agriculture South Agriculture Medium Density Residential (west half) Business Park (east half) Agriculture East Agriculture Mixed Use Industrial Agriculture West Agriculture Urban Residential Agriculture none, the public hearing was closed. The Planning Commission then voted unanimously to recommend the City Council approve renewal of the Vesterrra and Stonex mineral extraction permit for 2010. BACKGROUND This mineral extraction permit was renewed and amended in 2008. The annual review was approved by the City in March of 2009. The applicant then amended the permit in June. The amendment revised the Phasing and End Use plans to allow mining in 15 acres on the east end of the property not included under the original permit. The most notable change to the permit was a new 5 acre and twenty feet deep storm water pond in the northeastern corner of the site. Under the proposed 2010 plan, there is no interest in mining on the 15 acres on the east end of the property. Rather, the applicant plans to proceed under the attached phasing plan that focuses activity in the eastern half of the site. According to the applicant, activity in the pit increased in 2009. While the gravel industry is impacted by the economy and construction slow down, Mr. Wilmshurst reports that approximately 50,000 tons of materials were removed from the pit in 2009 compared to 5,000 in 2008. The applicant credits this to securing Solberg Aggregate as a long term tenant as well as an expansion project at the landfill. The applicant hopes to continue marketing the site in hopes of increased activity in 2010. As noted under the 2009 renewal, the applicant anticipates some recycling of concrete and asphalt material and importation of clean fill for reclamation. In addition, the applicant has a farming tenant operating on a portion of the subject property outside the active mining area. ISSUE ANALYSIS The table below details the zoning, current land use and future land use information for the surrounding properties. The combined sites are zoned AG, Agriculture, guided IM, Industrial /Mixed Use and are located within the current Metropolitan Urban Service Area (MUSA). It should be noted that some of the agriculture use includes associated residential uses. Currently, access to both properties comes through a gate at the northeast corner of the Vesterra property along Bonaire Path. As the activity on the Stonex property progresses, the applicant plans to shift access to the pit to County Road 71 across an 80 acre parcel owned by Flint Hills Resources. Mr. Wilmshurst does not anticipate a change in access during 2010. Should conditions warrant a change in access, the applicant will come back to the City to amend the permit City Department Review The Engineering Department has reviewed this proposal and found no issues and produced no comments. The Planning staff also consulted with the Police department and there have been no complaints. 2 RECOMMENDATION Staff recommends renewal of the Vesterra and Stonex Mineral Extraction Permit 2010. 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 3 EXCERPT OF MINUTES PLANNING COMMISSION REGULAR MEETING FEBRUARY 24, 2009 5.a. Vesterra Stonex Mineral Extraction Permit Review and Renewal (09- 02 -ME). Planner Lindahl reviewed the staff report. The applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permits for 2009. The subject properties are located south of 135` street, 1 /4 mile west of Blaine Ave. (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills and Vesterra, LLC /Stonex, LLC are parties to the permit, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. The Applicant was present but added no comments. The public hearing was opened at 6:35p.m. There was no public comment. MOTION by Schultz to close the public hearing. Second by Schwartz. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:36p.m. There was no discussion among the Commissioners. MOTION by Schultz to recommend the City Council approve the renewal of the mineral extraction permit for Vesterra and Stonex, subject to the following conditions: 1. Conformance with the attached 2009 Conditions for Mineral Extraction. Second by Howell. Ayes: 4. Nays: 0. Motion approved. As follow -up, Mr. Lindahl stated this item will go before City Council at their regular meeting on March 18, 2009. Mineral Extraction Permit 2010 Conditions for Mineral Extraction Permit VESTERRA, LLC and STONEX, LLC A. By their signatures below, Vesterra, LLC and Stonex, LLC (hereinafter collectively referred to as the "Property Lessee and Flint Hills Resources (herein after "the Property Owner consent to these conditions, binding themselves and their successors, heirs or assigns to the conditions of this permit. Vesterra LLC and Stonex, LLC are jointly and severally liable and responsible for compliance with all conditions of this permit and all requirements of law relating to the licensed activities. Mineral Extraction is an Interim Use in the Agriculture District of which the permit area is a part according to Ordinance B, the City of Rosemount Zoning Ordinance Regulations. Property Owner consents to entry onto the Subject Property by the City, the City's employees, agents, and contractors, as needed to inspect the work of the permit, enforce the conditions of the permit and undertake any work needed to comply with permit conditions including mine closing and reclamation. B. This permit is granted for the area designated as Phase 1 on Exhibit 2 which is attached hereto as one of the exhibits. C. The completion date of the overall mineral extraction process including site reclamation shall be no later than December 31, 2014 for the northern 75 acres, the Vesterra site. The completion date of the overall mineral extraction process including site restoration shall be no later than December 31, 2018 for the southern 80 acres, the Stonex site. The term of this permit shall extend from January 1, 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. Failure by the Property Lessee to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the grading plan labeled Exhibit 3, which is attached hereto, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. F. All gravel trucks and other mining related traffic shall enter and exit the mining area from Bonaire Path (County Road 38). It shall be the Property Lessee's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and /or easements for ingress and egress shall be subject to approval by the City, as well as the Dakota County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur 2010 Mining Permit Vesterra, LLC Stonex, LLC 2 of 6 relative to the mining process. The current location of the access driveway is indicated on the Location Map, Exhibit 1. Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements. Any street improvements to County road 38, 71 or CSAH 42 necessary to accommodate the generated traffic shall be the sole responsibility of the Property Lessee. G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Lessee shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Lessee has received 24 -hour verbal notice, the City may complete or contract to complete the clean -up at the Property Lessee's expense. In the event of a traffic hazard as determined by the City Administrator (or his designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Lessee's expense without prior notification. H. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate or otherwise impact the natural drainage of adjacent property. I. No topsoil shall be removed from the site and the Property Lessee shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit 2, the Phasing Plan. J. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Lessee. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Lessee prior to the issuance of the permit. The Property Lessee shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Lessee agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., subject, however, to being changed by the City Council. M. The Property Lessee shall deposit with the Planning Department a surety bond or cash deposit in the amount of Seven Thousand, Five Hundred Dollars per acre ($7,500.00 /acre) for any active phase in favor of the City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Property Lessee. The required surety bonds must be: 2010 Mining Permit Vesterra, LLC Stonex, LLC 3 of 6 (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 Lessee will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or his designee) or any other City officials. (4) Conditioned that the Property Lessee 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 Lessee. (5) The surety bond or cash deposit shall remain in effect from January 1, 2010 until July 31, 2011. Upon thirty (30) days notice to the Property Lessee 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. N. The Property Lessee 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 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, 2010 until December 31, 2010. O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any ponding areas, wash plants or other processing or equipment brought to the site shall require additional site and grading plan information subject to review and approval of the City Engineer. P. The Property Lessee and 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 Lessee 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. 2010 Mining Permit Vesterra, LLC Stonex, LLC 4 of 6 Q. The Property Lessee and 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. R. 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 Lessee shall submit to the City semi- annually a written report indicating the amount of material extracted from the site for the prior six -month period. S. The Property Lessee shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. T. The Property Lessee 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 issuance of the Mineral Extraction Permit. U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. Topsoil for reclamation shall conform to specifications on file with the City. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Lessee must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. The Property Lessee may not assign this permit without written approval of the City. The Property Lessee will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Lessee gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Lessee shall identify all Operators prior to their commencement of mineral extraction related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. X. The Property Lessee shall install and maintain a "stock" gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Y. There shall be no "haul- back" of materials from any other property or job site that would be imported to the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs 0 and V; and topsoil imported for the purpose of re- establishing turf as accepted by the City. 2010 Mining Permit Vesterra, LLC Stonex, LLC 5 of 6 Z. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of "jake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise. AA. The Property Lessee shall comply with directions from the City Engineer. BB. A landscaping plan shall be prepared subject to approval by City Staff, for the purpose of providing vegetative screening within the setback areas of the various phases of the mining area. Said landscaping shall be installed according to City standards, prior to commencement of operations within an adjacent phase area. CC. No retail activity is permitted on the site. Materials imported to the site are limited to materials to be recycled and mixed with aggregate extracted from the site and topsoil for reestablishing ground cover or turf. DD. Off -site mining connected with the reconstruction of County Road 38 or construction of Connemara Trail shall require separate project approval by the City Council. The site reclamation plan with proposed grades and future street alignments is subject to approval by the City Engineer. EE. 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 or hazardous materials in any form within the pit as fill shall be strictly prohibited. IN WITNESS WHEREOF, Vesterra, LLC and Stonex, LLC hereby consents and agrees to the foregoing conditions of said mining permit this day of 20 STATE OF MINNESOTA ss COUNTY OF DAKOTA Vesterra, LLC and Stonex, LLC By: Jonathan J. Wilmshurst, Owner The foregoing instrument was acknowledged before me this day of 20 by Jonathan J. Wilmshurst, the Owner of Vesterra, LLC and Stonex, LLC Notary Public 2010 Mining Permit Vesterra, LLC Stonex, LLC 6 of 6 IN WITNESS WHEREOF, Flint Hills Resources, hereby consents and agrees to the foregoing conditions of said mining permit this day of 20 Flint Hills Resources Its STATE OF MINNESOTA )ss COUNTY OF DAKOTA The forgoing instrument was acknowledged before me this day of 20 by Flint Hills Resources, Its the Property Owner, on behalf of the company. Notary Public 0 >peqjas aull Apadald moj-0£ via 0 a 0 0 2 sallcbpois pug l'-'Id 21-IISSaJald h,■70, )peqjas autpfpadwd loopool IL■■■■• IN I. 0 tu 2 a. as a. N -C yomas awl AUaclaid looj-OE _se E o (0 _0 (2 a) a) c c 1'1 o o a) CD 0_ 0_ 7.3 O. 22 C Oa 0 1:7) 0 J NO 0 0 0 0 Z c r; 0 0 0 0 CO 0 0 0 0 r O Z Z J a w z 2 0 0 N Q N Z a� O o. 0 I— o- T- Z a� O V H Z C w x V) x w c o a in 0 L a co LL 0 VJ E 0 w 0 N 0 O co 00 L m 3 0 aE 0 o 0 0 Vesterra, LLC and Stones, LLC Annual Mining Permit Renewal Request for 2010 October, 2009 There was more activity at the pit this year, primarily due to a single project at the landfill expansion. Approximately 50,000 tons were sold during the season. The construction economy remains very difficult We have been successful in securing Solberg as a long -term tenant. They will be processing a small amount of product yet this fall and then becoming more active during 2010. They will install an above ground scale and portable scale -house just south of the old homestead as shown on the attached map. Truck traffic from the operation continues to exit onto Belaire Path. In due course it is still our plan to relocate truck access onto Co. Rd. 71 along the old Kraft farm road. The progression of mining to the south this year has started to open up this new route but we anticipate several more seasons before it is open, unless activity picks up substantially. At this time there is no interest in mining to the east of the berm in the field that was added to the permit earlier this year, but we will continue to market it. The 2010 mine plan shows the "open" area, the area previously stripped, and the area proposed to be stripped. The total acreage included in these three areas is just over 13 acres. Dust control measures will be employed as follows: regular reclamation and planting/seeding of berms and pit floor will keep exposed soils to a minimum, and roads will be regularly sprayed with water. In addition, the much lower elevation of the mine floor will tend to protect it from westerly winds that may pick up dust. Vesterra/Stonex thanks the Rosemount Planning Commission and City Council for its consideration of this application for renewal. 2 I r Vesterra Stonex I I I I I I I I --i, I 1 I 1 1 L I I 1 I I 1 Ij Copyright 2007, Dakota County Map Date: November 13, 2007