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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 040000 2411519 N /] '� | wmu vcsr U oou l� � S all Ill ^ — ` NOTE: KOCH REFINING CO. OWNS TO 'COUNTY ROAD NO. X," OEl EXISTING CONTOUR i INS DENOTES PROPOSED CONTOUR UNE TOPOCAl V4S&,;Dl C' DENOTES EXISTING SPOT i opoc S11 SOUTHEAST ONE Q FUANISHEO BY wRKniRO INC. SECTION 24. TOWNSHIP It5 N.. ()ll rXISTING FENCE 1 1985 RA4 19 W., DAKOTA COUNTY. IL DENOTES EXISTING TREE DENOTES EXISTING EDGE OF WOODS sic I.. I.. I. .!I DYl ASSOCIATES, INC. TI DENOTES DIR(CTION OF PROPO ED 01111i T O LOWCM 612= FAA1.124117191"I A r I q i\ 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.