HomeMy WebLinkAbout6.m. Mineral Extraction Permit Renewal for Solberg Aggregate Co./Flint Hills Resourcesf ' .
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: February 6, 2003
AGENDA ITEM:
Mineral Extraction Permit Renewal— Solberg
AGENDA SECTION:
Aggregate Company,
Inc./ Flint Hills Resources
Consent
PREPARED BY:
Rick Pearson, City Planner
AGENDA 6
ATTACHMENTS:
Location Map, grading plan, Draft 2003
-1
APPROVED BY:
Conditions
W
Applicant: Lauren Howard of Solberg Aggregate Company, Inc.
Location: West of the intersection of STH 52 and 140' St. E
Property Owner: Koch Refining Company
Area in Acres: 80
Comp. Guide Plan Desig: Industrial - General
Current Zoning: General Industrial (IG)
Nature of Request: Renewal of Mineral Extraction Permit
Planning Comm. Action: Recommendation of approval (5 -0)
SUMMARY
Mr. Lauren Howard has requested the renewal of the mineral extraction permit for Solberg Aggregate
Company, Inc. 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.
The pit is in a final phase, however, the pace of extraction has fluctuated somewhat. The current expectation is
that operations are projected to be complete and site restoration will occur in 2004. Operations are expected to
eventually shift to the east side of U. S. 52.
In 2002, approximately 60,000 cubic yards of sand and gravel were removed
The police indicated that there were no complaints reported regarding this property.
PLANNING COMMISSION PUBLIC HEARING
On January 28, 2003, the Planning Commission conducted a public hearing. No one attended other than Mr.
Howard who was available to answer questions. As there were none, the Commissioners adopted a motion to
recommend approval.
RECOMMENDED ACTION:
Motion to approve the mineral extraction permit for Solberg and Flint Hills Resources subject to the attached
conditions of operation for 2003.
CITY COUNCIL ACTION:
0
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: ire
PAYABLE 2003 ASMNT USAGE: INDUSTRIAL
NOTE: Dimensions rounded to nearest foot
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: 12/26/2002 Aerial Photography: 1990
SITE MAP
2002 ESTIMATED MARKET VALUES (PAYABLE 2003)
LAND: ANOW LOT SIZE
BUILDING:
TOTAL: +rl1111111111111W 1,746,591 TOTAL SO FT
40.10 TOTAL ACRES
SCHOOL DISTRICT: 196 56,627 ROAD R/W SO FT
LOCATION: NE1 14 SE1 /4 SECTION 24- 115 -19
PAYABLE 2003 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT:
2002 BUILDING INFORMATION (PAYABLE 2003):
NO DATA AVAILABLE
PLAT NAME: SECTION 24 TWN 115 RANGE 19
TAX DESCRIPTION: NE 1/4 OF SE 1/4
040000 2411519
NOTE: THE ADJOINING
OWNER TO THE WEST
IS KOCH REFINING CO.
l
0
� 1,11 1 DENOTES EXISTING CONTOUR LINE NOTE: KOCH REFINING CO. OWNS TO COUNTY ROAD NO. 38 \
-
— —906— — DENOTES PROPOSED CONTOUR LINE TOPOGRAPHY INSIDE OF FENCE BY
FIELD METHODS DATED SEPT 1923. THE NORTH ONE HALF OF THE
.0 DENOTES EXISTING SPOT ELEV. TOPOGRAPHY OUTSIDE OF FENCE SOUTHEAST ONE QUARTER OF j""� -- `•
FURNISHED BY MARKHURD INC. SECTION 24, TOWNSHIP 115 N.,
---- DENOTES DENOTES EXISTING FENCE OATED 1985 RANGE 19 W., DAKOTA COUNTY,
DENOTES EX ISTING TREE MINNESOTA.
DENOTES EXISTING EDGE OF WOODS scc �•,9
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DWYER & INC. 4 DENOTES DIRECTION OF PROPOSED DRAINAGE ,— IP Nd-F. &11-- 35033
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Mineral Extraction Permit
2003 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. 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 January 15, 2003 until December 31, 2003 unless revoked
prior to that for failure to comply with the permit requirements. A mining permit fee of $330.00 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 enterand 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.
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 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
2001 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. Than the Operator and /or the Owner deposit with the Planning Department a surety bond or cash escrow
in the amount of Three Thousand Dollars per acre ($5,000.00 /acre) or 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 surety bond or cash escrow shall remain in effect from January 1, 2003 until July 30, 2004.
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 anyone occurrence. The policy of insurance shall name the
City as an additional insured and shall remain in effect from March 1, 2003 until March 1, 2004.
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.
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.
2001 Mining Permit
Solberg/Koch
Page 2 of 4
{
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.
2001 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 , 2003.
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 , 2003.
Solberg Aggregate Company, Inc
BY:
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 2003, by
Resources, the Property Owner, on behalf of the Corporation.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 2003, by
Compay, the Pit Operator, on behalf of the Corporation.
Notary Public
of Flint Hills
of Solberg Aggregate
2001 Mining Permit
Solberg/Koch
Page 4 of 4