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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' I 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. 4 of 5 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. 9; 2. 0 O N I 17 0 - �a w m E T P., S� A S—E— ru 1, k 116 �6/. 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