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.
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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
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