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HomeMy WebLinkAbout6.l. Solberg Aggregate Company (Ped-Kuznia) Mineral Extraction Permit Renewal, 0803-ME ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: February 19, 2008 AGENDA ITEM: Solberg Aggregate Company (Ped Kuznia) AGENDA SECTION: Mineral Extraction Permit Renewal (08- 03 -ME) Consent PREPARED BY: Jason Lindahl, AICP AGENDA NO. IA. Planner ATTACHMENTS: 1 -22 -08 PC Excerpt Minutes, 2008 Mineral Extraction Permit, Location map, Phasing Plan, APPROVED BY: EF Letter from Solberg Aggregate Company. RECOMMENDED ACTION: Motion to renew the Solberg Aggregate Company (Ped- Kuznia) Mineral Extraction Permit for 2008 subject to conformance with the attached 2008 Conditions for Mineral Extraction. SUMMARY Applicant Property Owner(s): Solberg Aggregate Company Otto Ped /Grace Kuznia Location: 4992 145' Street East Area in acres: Ped 80 Acres, the East half along Co. Rd. 42. Kuznia 80 Acres, the West half along Co. Rd. 42. Mining area: Approximately 30 acres Comp. Guide Plan Desig: IM, Industrial Mixed Use and AG, Agriculture Current Zoning: AG, Agriculture Nature of request: Annual renewal of the mineral extraction. Material removed in 2007: Approximately 59,719 tons ISSUE The applicant, Solberg Aggregate Company, requests renewal of the mineral extraction permit for the Otto Ped and Grace Kuznia properties located 4992 145 Street East. Solberg Aggregate Company took over operation of the pit in 2005 from Ames Construction and continues to operate the mine on a day -to -day basis. This application represents the routine annual permit renewal as required by ordinance. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their meeting on January 22, 2008. Minutes from that meeting are attached for your reference. After hearing a presentation from staff and holding a public hearing which produced no public comment, the Commission voted unanimously to recommend the City Council approve renewal of the Solberg Aggregate Company mineral extraction permit for 2008. BACKGROUND Last year the applicant expanded the mining permit to include the adjacent 80 acre property owned by Grace Kuznia. This expansion was found consistent with the performance standards for mineral extraction outlined in the Zoning Ordinance and approved by the Planning Commission and City Council. According to the applicant, approximately 59,716 tons of material was removed from Phases II and III during 2007. This was down from the 131,800 tons of material mined in 2006. The applicant anticipates the 2008 activity will be similar to 2007 removing less than 60,000 tons of material (see attached narrative). City of Rosemount records indicate no police activity on this site in 2007. The subject properties are zoned AG, Agriculture and guided IM, Industrial /Mixed Use and AG, Agriculture. The current and future land use information for the surrounding properties, as well as zoning classifications are detailed in the table below. It should be noted that some of the agriculture use include associated residential uses. Surrounding Land Use and Zoning Information Direction Current Land Use Guided Land Use Zoning North Agriculture IM, Industrial /Mixed Use Agriculture Agriculture South Agriculture Agriculture Agriculture Preserve East Agriculture Agriculture Agriculture West Mining IM, Industrial /Mixed Use Agriculture Agriculture CONCLUSION This request is subject to the conditions outlined in the attached permit as well as the mineral extraction permit standards outlined in Section 11 -10 -4 of the Zoning Ordinance. Upon review of these standards, police records, and the information submitted by the applicant, both staff and the Planning Commission recommends renewal of the Solberg Aggregate Company (Ped- Kuznia) Mineral Extraction Permit for 2008, subject to conditions. 2 Solberg Aggregate Site ai l -....,■,■17 00..._ bli I Mk. iliP IFNI" Elk l wriii d i 06 iri J,N..., .6-4,,. in hill i. dour 1,,ci, Ill I 1 II i II I i 1 1 Ql u p /1111ft I III yl I 1 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING JANUARY 22, 2008 5.b. Solberg Aggregate Mineral Permit Renewal (08- 03 -ME). Planner Lindahl presented this item. The applicant, Solberg Aggregate Company, requests renewal of the mineral extraction permit for the Otto Ped and Grace Kuznia properties located 4992 145` Street East. Solberg Aggregate Company took over operation of the pit in 2005 from Ames Construction and continues to operate the mine on a day -to -day basis. This application represents the routine annual permit renewal as required by ordinance. The public hearing was opened at 6:37p.m. There were no public comments. MOTION by Palda to close the public hearing. Second by Howell. Ayes: 3. Nays: None. Motion approved. Public hearing was closed at 6:38p.m. There was no discussion or questions among the Commission. MOTION by Schwartz to recommend the City Council approve renewal of the Solberg Aggregate Company (Ped Kuznia) Mineral Extraction Permit for 2008 subject to the following conditions: 1 Conformance with the attached 2008 Conditions for Mineral Extraction, including: a. Submission of an updated Surety Bond in the amount outlined in the attached 2008 Conditions for Mineral Extraction. b. Submission of an updated Certificate of Comprehensive General Liability Insurance as outlined in the 2008 attached Conditions for Mineral Extraction. Second by Howell. Ayes: 3. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated the item will go before the City Council at the meeting on February 19, 2008. Mineral Extraction Permit 2008 Conditions for Mineral Extraction Permit Renewal SOLBERG AGGREGATE COMPANY (PED- KUZNIA) A. Solberg Aggregate Company (hereinafter the "Operator shall sign a written consent to these conditions binding itself and its successors and assigns to the conditions of this permit. Otto A. Ped and Grace Kuznia (hereinafter the "Owner shall sign written acknowledgment and consent to these conditions and to issuance of this permit in the form set forth at the end of these conditions. B. This permit is granted for the area designated as Phase 1, 2, and 3 on Exhibit A which is attached hereto as one of the exhibits dated March 3, 2006 and revised February 13, 2007. However, the applicant shall not proceed into Phase 3 without completing all reclamation requirements of this permit for Phase 1. C. The term of the permit shall extend from January 1, 2008 until December 31, 2008 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 Operator 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 Exhibit A, 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 shall enter and exit the mining area from County State Aid Highway 42 (CSAH 42) from the location shown on Exhibit A and the designated truck route to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH 52 to the City boundary. It shall be the Operator's responsibility to obtain 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. G. A gate must be placed at the driveway entrance that shall be secured after hours. 2008 Mining Permit Solberg Aggregate Company./Otto A. Ped Grace Kuznia Page 1 of 6 H. A plan for dust control shall be submitted to and subject to approval by the City. The Operator shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Operator has received 24 -hour verbal notice, the City may complete or contract to complete the clean-up at the Operator's expense. 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 Operator 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. 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 Operator. L. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior to the issuance of the permit. That the Operator 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. That the Operator 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., subject, however, to being changed by the City Council. N. The Operator shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,5000.00 /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 Operator. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Operator 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. 2008 Mining Permit Solberg Aggregate Company. /Otto A. Ped Grace Kuzma Page2of6 (4) Conditioned that the Operator 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 Operator. (5) The surety bond or cash escrow shall remain in effect from January 1, 2008 until July 31, 2009. 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 Operator shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no /100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million and no /100 ($1,000,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no /100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2008 until July 31, 2009. P. Processing and crushing of materials are permitted on the site in accordance with the Operations and Dust Control Plan received by the City on December 28, 2004. No additional processing or production of materials may occur on the site and construction of any ponding areas or wash plants shall require additional City Council approval and notification of adjacent property owners, 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 cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained. Q. The Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Operator and the 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 Operator 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 buy the City. 2008 Mining Permit Solberg Aggregate Company. /Otto A. Ped Grace Kuuiia Page 3 of 6 T. The Operator 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 Operator 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. The applicant shall submit a Reclamation Plan to the City for review and approval. Said plan shall be coordinated with any abutting Mineral Extraction site to insure matching conditions and final grades along any adjoining property line(s). 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) except there shall be no greater than an eight (8) percent slope from the eastern property line of the Kuznia property to the existing grade of the site to insure proper conditions for any future roads. W. The Operator 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 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. 2008 Mining Permit Solberg Aggregate Company. /Otto A. Ped Grace Kuznia Page 4 of 6 Otto A. Ped and Grace Kuznia, Minnesota residents and owners of the properties for which this permit is issued, hereby consent and agree to the issuance of a mineral extraction permit for said properties and to the imposition of the foregoing conditions. Owners further agree and consent to entry onto said properties by the City, its officers, agents, contractors and employees and by the surety of the bond issued in accordance with paragraph N, its officers, agents, contractors and employees to take any action deemed necessary by the City to enforce and assure compliance with the conditions of this permit and law. Owners further agree that they will not bring any claims or legal actions against the City, its officers, agents, contractors or employees for damages arising out of issuance of this permit or administration or enforcement by the City of the conditions of this permit or of law. The foregoing agreements of Owners shall run with the land of said properties and shall bind the Owners, their heirs, successors and assigns. By: Otto A. Ped By: Grace Knznia STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by Otto A. Ped, Minnesota resident and property owner. Notary Public STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by Grace Kuznia, Minnesota resident and property owner. Notary Public 2008 Mining Permit Solberg Aggregate CompanyfOtto A. Ped Grace Kuznia Page 5 of 6 That Bob Solberg, President of Solberg Aggregate Company, Rosemount, MN 55068, the operator, hereby consents and agrees to the foregoing conditions of said mining permit. Solberg Aggregate Company By: Bob Solberg Its: President STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by Bob Solberg, President of Solberg Aggregate Company, Rosemount, MN 55068, the operator. Notary Public 2008 Mining Permit Solberg Aggregate CompanyiOtto A. Ped Grace Kuznia Page 6 of 6 zze>r.e.o znsnooz os.zew F jj E y e 2 pz §i �a *a f 1 s— r. 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