HomeMy WebLinkAbout6.j. Mineral Extraction Permit Renewal for Solbers Aggregate Company / Flint Hills Resources1 CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: February 17, 2004
Applicant: Lauren Howard of Solberg Aggregate Company, Inc.
Location: Northwest of the intersection of STH 52 and 140 St. E
Property Owner: Flint Hills Resources
Area in Acres: 40
Comp. Guide Plan Desig: Industrial - General
Current Zoning: General Industrial (IG)
Nature of Request: Renewal of Mineral Extraction Permit
Planning Commission Action Recommended Approval to CC 4 -0 on 1 -27 -04
SUMMARY
Mr. Lauren Howard of Solberg Aggregate Company requests renewal of the mineral extraction permit for their
pit located Northwest of the intersection of STH 52 and 140t St. E. This is a request based upon the routine
annual review and renewal of the current permit. The pit area is essentially on top of a plateau, north of the
former Chicago Northwestern railroad tracks. The site is completely enclosed by a fence, and is only accessible
through a gate off of the frontage road along the west side of STH 52.
Last year, the applicant indicated that the pit is in a final phase and the pace of extraction fluctuates. Their
expectation is that operations would be completed and site restoration would occur in 2004.
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 Furlong Mineral Extraction Permit for
the period from January 1, 2004 to December 31, 2004.
RECOMMENDED ACTION: Motion to adopt a resolution renewing the Solberg / Flint Hills Resources
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:
AGENDA ITEM: Mineral Extraction Permit Renewal - Solberg
AGENDA SECTION:
Aggregate Company /Flint Hills Resources
Consent
PREPARED BY: Jason Lindahi, A.I.C.P, Assistant City Planner
AGE PJTfW#6 J
ATTACHMENTS: Location Map, Grading Plan, Draft 2004
:I
APPROVED BY:
Conditions
PROPERTY ID NUMBER: 34- 02400 - 010 -80
FEE OWNER: KOCH REFINING CO
COMMON NAME: KOCH REFINERY
PO BOX 2256
WICHITA KS 67201 -2256
PAYABLE 2002 TAXES
NET TAX:
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA:
PAYABLE 2003 ASMNT USAGE: INDUSTRIAL
NOTE. Dimensions rounded to nearest foot
SITE MAP
2002 ESTIMATED MARKET VALUES (PAYABLE 2003) 2002 BUILDING INFORMATION (PAYABLE 2003)
LAND: 411=111IIIIIIIIII
LOT SIZE NO DATA AVAILABLE
BUILDING:
TOTAL:
1,746,591 TOTAL SO FT
40.10 TOTAL ACRES
SCHOOL DISTRICT:
196 56,627 ROAD R/W SO FT
LOCATION: NE1 /4 SE1
/4 SECTION 24- 115 -19
PAYABLE 2003 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT:
VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT:
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
state 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: January 6, 2003 Parcels Updated: 12/2612002 Aerial Photography: 1990
PLAT NAME: SECTION 24 TWN 115 RANGE 19
TAX DESCRIPTION: NE 114 OF SE 1/4
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RECLAMATION PLAN
SOLBERG AGGREGATE
Mineral Extraction Permit
2004 Conditions For Mineral Extraction Permit Renewal
FLINT HILLS RESOURCES - SOLBERG AGGREGATE CO.
A. That Flint Hills Resources (hereinafter "the Property Owner ") and Solberg Aggregate Co. (hereinafter
"the Operator ") sign a written consent to these conditions binding itself and its successors or assigns to
the conditions of said permit.
B. I That this permit is granted for the area designated as Phase 5 on Exhibit A which is attached hereto as
one of the exhibits dated January 3, 2001.
C. That 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. That 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 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. That the final grading for the permit area shall be completed in accordance with the attached grading
plan labeled Exhibit A, or as approved by the City Council, 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 the frontage
road parallel with State Trunk Highway 52. It shall be the Operator'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 Minnesota Department of
Transportation if applicable or if any changes occur relative to the mining process.
G. That a plan for dust control shall be submitted to and subject to approval by the City. The Operator shall
clean dirt and debris from streets that has resulted from extraction or hauling operations related to the
Mineral Extraction Permit. After the Operator has received 24 -hour verbal notice, the City will complete
or contract to complete the clean up at the Operator's expense.
H. That the surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or
otherwise effect the natural drainage of adjacent property.
I. That no topsoil shall be removed from the site and that 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.
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.
K. That 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 reimburse
the City for the cost of periodic inspections by the City Engineer or any other City employee for the
2004 Mining Permit
Solberg /Koch
Page 1 of 4
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.
L. That 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. That the Operator and/or the 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) which covers the
active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed
by mining activities in the event of default from this agreement by either the Operator or the 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.
(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 City Engineer or any other City officials.
(4) Conditioned that the Operator and the 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 Operator.
(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. That the Operator 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 March 1, 2004 until March 1, 2005.
O. That no processing or mixing of materials shall 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.
P. That 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. That the Operator and the 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
Solberg /Koch
Page 2 of 4
Q. That 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.
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.
S. That 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.
T. 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.
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. No
restored slopes may exceed a gradient of 25% or four to 1 (4:1).
V. The storage of equipment (unrelated to the sand and gravel mining and processing), manure,
construction debris, unrecycled asphalt 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
shall be strictly prohibited.
2004 Mining Permit
Solberg /Koch
Page 3 of 4
IN WITNESS WHEREOF, Flint Hills Resources, the Property Owner, hereby consents and agrees
to the foregoing conditions of said mining permit this day of , 2004.
Flint Hills Resources
BY:
IN WITNESS WHEREOF, Solberg Aggregate Company, Inc., the Pit Operator, hereby consents and
agrees to the foregoing conditions of said mining permit this day of , 2004.
Solberg Aggregate Company, Inc
BY:
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
) ss
The foregoing instrument was acknowledged before me this
day of , 2004, by , of Flint Hills
Resources, the Property Owner, on behalf of the Corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
) ss
The foregoing instrument was acknowledged before me this
day of , 2004, by , of Solberg Aggregate
Compay, the Pit Operator, on behalf of the Corporation.
Notary Public
2004 Mining Permit
Solberg /Koch
Page 4 of 4
Excerpt from the approved minutes of the 01 -27 -04 PLANNING COMMISSION
Public Hearing: Solberg Aggregate Company Mineral Extraction Permit Renewal
Assistant City Planner Jason Lindahl reviewed the renewal application for the Solberg
mineral extraction permit. This is a routine renewal for a mineral extraction permit for
Solberg Aggregate Company, Inc. The site is located northwest of the intersection of
STH 52 and 140 Street East. This is the final phase of the project and site restoration
will occur near the end of 2004. There have been no complaints reported regarding this
property.
Lauren Howard, Solberg Aggregate Company, indicated this is the last phase for mining.
There will be some processing of materials but at the conclusion of 2004 the stock piles
would be at a minimal size and all restoration should be completed.
Chairperson Weisensel opened the public hearing.
MOTION by Weisensel to close public hearing. Second by Messner. Ayes: Napper,
Weisensel, Messner, and Zuni. Nays: None. Motion carried.
MOTION by Napper to recommend that the City Council approve the mineral extraction
pen for Solberg subject to the standards outlined in Section 12.4 of the Zoning
Ordinance and the attached draft conditions of operation for 2004. Second by Zuni.
Ayes: Weisensel, Messner, Zuni, and Napper. Nays: None. Motion carried.