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HomeMy WebLinkAbout6.j. Mineral Extraction Permit Renewal for 2005 Shafer Contracting Co. Inc. 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Shafer Contracting Co., Inc. (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. That this permit is granted for the area designated as the eastern half of Phase 4 (6.5 acres) and Phase 3 (13 acres) on Exhibit A (drawing 5 of 7 dated April 6, 1999), which is attached hereto as one of the exhibits. C. That the term of the permit shall extend from January 1, 2005 until December 31, 2005 unless revoked prior to that for failure'to comply with the permit requirements. A mining permit fee of $200.00 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 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. That the final grading for the permit area shall be completed in accordance with the grading plan Jabeled Exhibit B (drawing 7 of 7 dated April 6, 1999), 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 Rich Valley Boulevard. 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 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. A stop sign shall be installed at the driveway entrance to County Road 71, in accordance with standards on file with the City or County Highway Department. Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements. G. That aplan 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 2005 Mining Permit Shafer Contracting 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. 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 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. J. 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. That 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. 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 Property Owner deposit with the Planning Department a surety bond or cash escrow in the amount of Five Thousand Dollars per acre ($5,000.00 /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. 2005 Mining Permit Shafer Contracting 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 surety bond or cash escrow shall remain in effect from January 1, 2005 until July 30, 2006. 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 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 March 24, 2005 until March 24, 2006. O. That 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 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 City Council approval and notification of adjacent property owners. - P. That 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. Q. That the Property Owner 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. 2005 Mining Permit Shafer Contracting 4 of 5 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. That 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. All recycling must be completed with the completion of the current phase. No recycling processes shall be allowed to continue into subsequent phases. X. 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. Y. 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. Z. 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. 2005 Mining Permit Shafer Contracting 5 of 5 AA. 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. IN WITNESS WHEREOF, Shafer Contracting Company, Inc. the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit this day of 9 2004. Shafer Contracting Co., Inc. By: George Mattson, Its President STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2004, by George Mattson, President of Shafer Contracting Company, Inc., the Property Owner, on behalf of the Corporation. Notary Public Excerpt from the Regular Planning Commission Meeting of October 26, 2004 6C. CASE 04 -73 -ME Mineral Extraction Permit Renewal for 2005, Shafer Contracting Co. Inc. City Planner Pearson reviewed the Staff Report. Shafer Contracting Co. has requested that the mineral extraction permit be renewed for 2005. This is a routine annual renewal. Chairperson Messner asked for questions for Mr. Pearson. Commissioner Powell questioned if the conditions were the same as the previous year. Mr. Pearson responded that the conditions are the same. Chairperson Messner asked when the mining began and if they are required to do any restoration. Mr. Pearson said the mining began in the late 1970's and that they restore as they go. Chairperson Messner asked for comments from the Applicant. The Applicant, Scott Spisak of Shafer Contracting Co., Inc., indicated he had nothing to add and would take any questions. There were no questions for the Applicant. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. Charlie Koehnen, 12255 Rich Valley Blvd, commented that the mining started in 1971. MOTION by Humphreyto close the Public Hearing. Second by Zurn. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up questions. There were no questions. MOTION by Powell to recommend that the City Council approve the renewal of the mineral extraction permit for Shafer Contracting Co., Inc. for 2005 subject to the attached conditions: A. Shafer Contracting Co., Inc. (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. That this permit is granted for the area designated as the eastern half of Phase 4 (6.5 acres) and Phase 3 (13 acres) on Exhibit A (drawing 5 of 7 dated April 6, 1999), which is attached hereto as one of the exhibits. C. That the term of the permit shall extend from January 1, 2005 until December 31, 2005 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $200.00 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 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. That the final grading for the permit area shall be completed in accordance with the grading plan labeled Exhibit B (drawing 7 of 7 dated April 6, 1999), 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 Rich Valley Boulevard. 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 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. A stop sign shall be installed at the driveway entrance to County Road 71,, in accordance with standards on file with the City or County Highway Department. Warning signs including "Trucks Hauling" shall be installed at the Property Owner's expense as needed in accordance with Dakota County requirements. G. That 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 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. 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. L That 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. J. 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. That 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. 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 Property Owner deposit with the Planning Department a surety bond or cash escrow in the amount of Five Thousand Dollars per acre ($5,000.00 /acre) for any active phase in favor of the City for the cost of restoration, regrading and/orxevegetating 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. (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 surety bond or cash escrow shall remain in effect from January 1, 2005 until July 30, 2006. 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 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 March 24, 2005 until March 24, 2006. O. That 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 City Council approval and notification of adjacent property owners. P. That 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. Q. That the Property Owner 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. That 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. All recycling must be completed with the completion of the current phase. No recycling processes shall be allowed to continue into subsequent phases. X. 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. Y. 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. Z. 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. AA. 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. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated this item will be on the agenda for the November 16, 2004 City Council Meeting. SITE MAP PROPERTY ID NUMBER: 34 -01400- 013 -09 2002 ESTIMATED MARKET VALUES (PAYABLE 2003) 2002 BUILDING INFORMATION (PAYABLE 2003): FEE OWNER: SHAPER CONTRACTING CO INC LAND: SIZE (EXCLUDES NO DATA AVAILABLE _ COMMON NAME: SHAFER CONTRACTING GRAVEL PIT BUILDING: ROAD EASEMENTS) PO BOX 128 TOTAL: SHAFER MN 55074 -0128 536,093 SO FT PAYABLE 2002 TAXES SCHOOL DISTRICT: 196 12.31 ACRES NET TAX: �� LOCATION; SW114 NE1 /4 SECTION 14- 115-19 SPECIAL ASSESSMENTS: 1 TOTAL TAX & SA: 41111111111111111 PAYABLE 2003 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2003 ASMNT USAGE:RESIDENTIAL WATERSHED DISTRICT: VERMILLION RIVER INDUSTRIAL LAST QUALIFIED SALE: DATE: AMOUNT. (NVE C�l2aV*F HG 5 RV r u � P I� . a h T VE. d O !C7 J f4CGE5s (LOAp 1 � CL .... - - -- l I I r i i PLAT NAME: SECTION 14 TWN 115 RANGE 19 TAX DESCRIPTION: PT OF S 12 OF NE 1/4 LYING W OF RR EX COM NE CDR OF SW E: Dimensions rounded to nearest foot. 114 OF NE 1/4 W 172.74 FT. TO BEG S 8D 36M 36S W 66.74 right 2002, Dakota County - FT N 89D'57M 20S W 80.90 FT S 80 36M 36S W 388.63 FT N Jrawing is neither a legally recorded map nor a survey and is not intended to be used as one. 890 57M 20S W 933.14 FT N hawing is a compilation of records, information and data located in various city, county, and 00 16M SOS E 451.40 FT TO N Offices and other sources, affecting the area shown, and is to be used for reference purposes LINE E 1080 FT TO BEG EX Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are COM INT S LINE 8 W RAN RR N please contact Dakota County Survey and Land Information Department OED 36M 36S E ON R/W 670 FT W PARR S LINE 707 FT S TO S )ate. November 6, 2002 Parcels Updated: 10 /24/2002 Aerial Photography: 1990 LINE E TO BEG 1411519