HomeMy WebLinkAbout6.k. Mineral Extraction Permit Renewal for Vestra, LLCCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
Planning Commission Meeting Date: February 17, 2004
AGENDA ITEM: Mineral Extraction Permit Renewal - Vesterra,
LLC
AGENDA SECTION:
Censent
PREPARED BY: Jason Lindahl, A.I.C.P. Assistant City Planner
AGEND #6
ATTACHMENTS: Site Location Map, Applicant's Letter, Draft
APPROVED BY:
Operating Conditions for 2004, Phasing Plan,
One Year Plan, End Use Plan,, Existing
Conditions and Haul Routes
Applicant & Property Owner(s): Jonathan J. Wilmshust of Vesterra, LLC
Location: 75 acres of land on the south side of County Road 38, one mile east of
Akron Ave.
Area in Acres: 75.65
Comp. Guide Plan Desig: AG - Agriculture
Current Zoning: AG - Agriculture
Planning Commission Action: Recommended Approval to CC 4 -0 on 1 -27 -04
SUMMARY
Vesterra, LLC requests renewal of the mineral extraction permit to operate a multi -phase mineral extraction site
on the south side of 135' Street east of Akron Avenue. This request is based upon the routine annual review
and renewal of the current permit.
Vesterra is currently excavating in the first of ten phases. Each phase consists of approximately five to seven
acres of land. The process of extraction will work the land in a counter - clockwise pattern, starting in the
middle. Processing and stockpiles will be located on the low side, east of the initial operating phase.
Recently, Vesterra entered into an agreement with Plaisted Companies. They anticipate mining operations will
commence this spring in conformance to their existing phasing plan.
This request is subject to the conditions outlined in the attached permit. In addition to these specific conditions,
all mineral extraction permits are subject to the general performance standards outlined in Section 12.4 of the
Zoning Ordinance. The Planning Commission reviewed these standards, police records, and the information
submitted by the applicant during a public hearing on January 27, 2004. Based on that information, the
Planning Commission recommended 4 -0 that the City Council renew the Vesterra, LLC Mineral Extraction
Permit for the period from January 1, 2004 to December 31, 2004.
RECOMMENDED ACTION: Motion to adopt a resolution renewing the Vesterra, LLC mineral extraction
permit for 2004 subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the 2004
Conditions for Mineral Extraction Permit.
CITY COUNCIL ACTION:
PROPERTY ID NUMBER: 34- 02300 - 013 -50
CONTRACT PURCHASER:
VESTERRALLC
11430 ZION CIR
BLOOMINGTON MN 55437 -3622
PROPERTY ADDRESS: 2112 135TH ST E
ROSEMOUNT MN 55058
PAYABLE 2003 TAXES
NET TAX:
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA: o �
PAYABLE 2004 ASMN7
NOTE: Dimensions rounded to nearest fool
SITE MAP
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
LAND: AM�
LOT SIZE
BUILDING:
1890
TOTAL:
3,295,301 TOTAL SO FT
FOUNDATION SO FT 864
75.65 TOTAL ACRES
SCHOOL DISTRICT:
196 77,579 ROAD R/W SO FT
LOCATION: NE114 SW1
/4 SECTION 23- 115 -19
PAYABLE 2004 HOMESTEAD
STATUS: NON HOMESTEAD
WATERSHED DISTRICT:
VERMILLION RIVER
LAST QUALIFIED SALE:
OTHER GARAGE
DATE: AMOUNT:
MISC BLDG
Copyright 2003, Dakota County -
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
stale 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
found, please contact Dakota County Survey and Land Information Department.
Map Date: July 17, 2003 Parcels Updated: 7/10/2003 Aerial Photography: 1990
2003 BUILDING INFORMATION (PAYABLE 2004)
TYPE
S.FAM.RES
YEAR BUILT
1890
ARCHISTYLE
1.1/4 STRY
FOUNDATION SO FT 864
FINISHED SO FT
1020
BEDROOMS
3
BATHS
1.5
FRAME
W000
GARAGE SO FT
704
OTHER GARAGE
MISC BLDG
MISC BLDG
TAX DESCRIPTION: NW 1/4 OF SE 1/4 EX S 50 FT
OF E 363 FT ALSO NE 1/4 OF
SW 114 EXN44RDSOFW3W
FT ALSO PT OF SW 1/4 OF SE
1 /4 &SE 114 OF SW 114 COM
NE CDR SW 1/4 OF SE 1/4 W
363 FT TO BEG S 13.3 FT N
89058M20S W 1129.5 FT N 890
36M33S W 1157.03 FT TO W
LINE SE 114 OF SW 1/4 N
17.51 FT TO NW CDR S 89045M
09S E 1324.59 FT S 89035M
50S E 962.05 FT TO BEG
23 115 19
r'
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Vesterra, LLC
Annual Mining Permit Renewal Request
January, 2004
12� TOT C
JAN 1 2 2004
IM
Since being awarded the mining permit for the first time late last summer there has been
little activity at the Vesterra site. However, some material was processed to make
samples for prospective customers and these were delivered during last fall with positive
results.
I
Within the last few weeks a lease agreement has been signed with Plaisted Companies.
This is a highly reputable, family owned company that has operated a sand and .gravel
operation in the city of Elk River for more than twenty years. Plaisted has its own fleet
of trucks that makes it highly unusual in the retail sand and gravel business. The trucks
are all new models and very well maintained. The Rosemount location represents a
geographic expansion of Plaisted's operations.
Miring operations will commence this spring once the weather allows. No significant
departure from the original phasing and mine plan that was approved last summer is
envisaged at this time.
Vesterra thanks the Rosemount Planning Commission and City Council for its
consideration of this application.
Mineral Extraction Permit
2004 Conditions For Mineral Extraction Permit Renewal
VESTERRA, LLC
A. Vesterra, LLC. (hereinafter "the Property Owner ") signs a written consent to these
conditions binding itself and its successors, heirs or assigns to the conditions of said
permit.
B. This permit is granted for the area designated as Phase 1 on Exhibit 2 (drawing of ),
which is attached hereto as one of the exhibits.
C. The term of the permit shall extend from February 18, 2004 until December 31,
2004 unless revoked prior to that for failure to comply with the permit requirements.
A mining permit fee of $635.00 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 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 labeled Exhibit 3 (drawing of), which is attached hereto, or as approved
by the City Engineer, and any other conditions as 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 135 Street East (County Road 38). It shall be the Property Owner'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
relative to the mining process. The current location of the access driveway is
indicated on the Phasing Plan, Exhibit A. 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 Vesterra LLC.
G. 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
2004 Mining Permit
Vesterra, Inc.
2 of 5
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
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 Owner'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 that 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.
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.
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 Owner prior to the
issuance of the permit. That the Property Owner 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. That the
Property Owner 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 Owner 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) 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
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 with the right of the surety company to
cancel the same upon thirty (30) days written notice to the permit holder and
the City.
(2) Satisfactory to the City Attorney in form and substance.
2004 Mining Permit
Vesterra, Inc.
3 of 5
(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 City Administrator (or his designee) 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 existing surety bond shall remain in force until July 30, 2004.
Subsequently, said surety bond or cash escrow shall be renewed in
conformance to the terms and conditions of this permit for the period of July
30, 2004 until July 30, 2005.
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.
N. The Property Owner furnishes 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 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 August
1, 2003 until August 1, 2004.
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 at which time 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 /
recommendation of the City Engineer.
P. 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
attorney's fees which the City may pay or incur in consequence of such claims.
2004 Mining Permit
Vesterra, Inc.
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Q. 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 Owner 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 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.
T. 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.
U. 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 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 Owner must show how materials stockpiled for recycling will be
processed and inform the City of all stockpiled materials.
W. 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 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 any
time there is an apparent breach of the terms of this Permit.
X. 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 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 O, V and W; and topsoil imported for
the purpose of re- establishing turf as accepted by the City.
2004 Mining Permit
Vesterra, Inc.
5 of 5
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 which result in excessive noise.
A.A. Incorporation of comments in the attached memo from the City Engineer dated July
16, 2003.
B.B. 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.
IN WITNESS WHEREOF, Vesterra, LLC. the Property Owner, hereby
consents and agrees to the foregoing conditions of said mining permit this day
of , 2004.
Vesterra, LLC
By:
Jonathan J. Wilmshurst, Owner
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2004, by Jonathan J. Wilmshurst, Owner, Vesterra, LLC President, the
Property Owner, on behalf of the partnership.
Notary Public
Excerpt from the approved minutes of the 01 -27 -04 PLANNING COMMISSION
Public Hearing: Vesterra LLC, Mineral Extraction Permit Renewal
Assistant City Planner Jason Lindahl presented the renewal application for the Vesterra
mineral extraction permit. This is a routine renewal for a mineral extraction permit for
Vesterra, LLC. The site is located on the south side of Country Road 38, one mile east of
Akron Avenue. There have been no complaints reported regarding this property.
Applicant John Chadwick, 11430 Zion Circle, a partner in Vesterra LLC was present to
answer questions. Mr. Chadwick indicated the transport of material would be going
south until the 117 Street /Highway 52 interchange project has been completed.
Chairperson Weisensel opened the public hearing.
MOTION by Weisensel to close the public hearing. Second by Napper. Ayes:
Messner, Zum, Napper, and Weisensel. Nays: None. Motion carried.
MOTION by Weisensel to recommend that the City council renew the mineral extraction
permit for the Vesterra, Inc. property for 2004 subject to the standards outlined in Section
12.4 of the Zoning Ordinance and the attached recommended conditions of operation.
Second by Messner. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None.
Motion carried.
MEMORANDUM
TO:_ Rick Pearson, City Planner
FROM: Andrew J. Brotzler, P.E., City Engineer
DATE: July 16, 2003
RE: Vesterra, LLC Application for Permit for Mineral Extraction Dated July 1, 2003
Upon review of the above - referenced document, the following comments are offered:
For the proposed access to County Road 38, a permit will need to be obtained by the
applicant from Dakota County, a copy of which shall be provided to the City prior to
approval. The applicant shall be required to conform to all requirements of the
Dakota County permit.
2. As discussed in the Environmental Assessment Worksheet (EAW) and presented in
the responses to comments and Findings of Fact for the proposed project, Dakota
County will monitor the volume of traffic at the intersection of County Road 38 and
County Road 71, County Road 71 and 117 Avenue, and County Road 71 and
County Road 42. Upon receipt of written notice from Dakota County that
intersection improvements are required at any or all of the above -noted intersections
due to truck traffic from the proposed mining operation, improvements shall be made
in accordance with Dakota County standards with the full cost of the improvements
borne by the applicant, Vesterra, LLC. Any and all required improvements shall be
completed within 6 months from the receipt of written notice from Dakota County.
3. As noted in the application, County Road 71 north from County Road 38 to 117
Avenue shall not be used as a haul route until the Mn/DOT TH52 /117 Avenue
Interchange project is complete. Approval for the use of the above -noted route as a
haul route shall not be issued until the City has received written notice from Mn/DOT
that the TH52 /117 Avenue Interchange project is complete.
4. Load limits as determined by Dakota County shall be adhered to by the applicant.
Structural roadway improvements required by Dakota County shall be completed
with the full cost of the improvements borne by the applicant, Vesterra, LLC.
5. The EAW for the proposed project noted the potential existence of a Type 1 Wetland
within the proposed project area. The applicant shall provide written confirmation of
the status of this existing wetland as identified by the National Wetland Inventory
(NWI) and 1999 City of Rosemount Wetland Inventory. It should be noted that the
status of this wetland as identified by the NWI was not confirmed as part of the 1999
RE: Vesterra, LLC Application for Permit
Page 2
City of Rosemount Wetland Inventory. Upon receipt of written verification of the
status of the wetland from the applicant, a proper course of action will be determined.
6. On Exhibit 2, Operations Plan — Year 1 and Exhibit 7, Boundary Survey, there are
existing structures shown within the proposed mining area. It is assumed that these
existing structures will be removed as part of the mining operation. Documentation
of abandonment of the existing well(s) and removal of the existing septic system in
accordance with current regulations shall be provided.
7. As noted in the EAW, stormwater calculations shall be provided for the proposed
ponding. The design of the proposed ponds shall be in accordance with City
standards for both water quality and quantity.
8. The permit approval for the proposed mining operation shall reference the
Environmental Assessment Worksheet for the Vesterra, LLC Sand and Gravel Mine
dated April 14, 2003 and responses to comments and Findings of Facts dated May 22,
2003.
Should you have questions regarding the above comments, please do not hesitate to contact
me.
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