HomeMy WebLinkAbout6.p. Furlong / Ames Construction Mineral Extraction Permit Renewali
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: June 18, 2001
AGENDA ITEM: Mineral Extraction Permit Renewal - Furlong /
Ames Construction, Inc.
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner
AGENDA
ATTACHMENTS: Draft Conditions for 2001, Phasing and
APPROVED BY:
Grading Plans.
Applicant & Property Owner: Tom Furlong
Location: 1/4 mile south of CSAH 42 /TH 55, West side of Fischer Ave.
Area in Acres: 33 total
Comp. Guide Plan Desig: Agriculture
Current Zoning: Agriculture
Planning Commission Action: Recommendation of approval
SUMMARY
Tom Furlong is requesting that the mineral extraction permit for his property be renewed for 2001. Ames
Construction, Inc. is the operator. Mr. Furlong will continue to assume the dual responsibilities of
owner /operator. This is because he is also using material for his golf course project in Nininger Township. This
is acceptable to the City as only one party has to be contacted if there are enforcement issues. City staff prefers
this arrangement because, typically, the property owner is less mobile than the operator.
For last year, Ames reported 224,022 cubic yards removed from the Nininger pit area east of Fischer Avenue.
Only 5,000 cubic yards of sand was removed from the Furlong property. There are no changes requested this
year from previous years.
The Police have not reported any complaints resulting from the mining activity.
PLANNING COMMISSION PUBLIC HEARING
No one other than Shawn Dahl representing Ames Construction attended the public hearing. Emphasis was
given to the lack of changes and the Commissioners had no questions.
RECOMMENDED ACTION:
Motion to approve the mineral extraction permit renewal for Tom Furlong for the 2001 season subject to the
attached recommended conditions of operation.
CITY COUNCIL ACTION:
Mineral Extraction Permit
2001 Conditions For Mineral Extraction Permit
TOM FURLONG
A. Tom Furlong, (hereinafter referred to as "the Property Owner,") shall sign written consent
to these conditions binding himself and his successors, heirs or assigns to the conditions of
said permit.
B. This permit is granted for the area designated as on Exhibit A which is attached hereto as
one of the exhibits.
C. The term of the permit shall extend from June 19,2001 until December 31, 2001 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. All required permits from the State of Minnesota, County of Dakota and City of Rosemount
(hereinafter "City ") or any of their agencies shall be obtained and submitted to the City prior
to the issuance of the permit. 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 attached
grading plan labeled Exhibit B, or as approved by the City Engineer, and any other
conditions as may be imposed by the City from time to time.
F. The grading plan, Exhibit B shall be revised to exclude all trees along Fischer Avenue. No
grading shall occur within the drip zone or beneath the spread of branches of any tree.
G. All gravel trucks and other mining related traffic shall enter and exit the mining area from
Fischer Avenue. 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.
H. 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 Public
Works Director or Rosemount Police Department, the City may proceed immediately to
complete or contract cleanup at Property Owner's expense without prior notification.
1998 Mining Permit
Cemstone /Furlong
Page 1 of 4
I. 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.
J. 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. Topsoil shall be provided to a minimum
of four (4) inches and shall be consistent with city specifications for all restored phases.
K. 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.
L. 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.
The Property Owner shall reimburse the City for the cost of periodic inspections by the City
Public Works Director or any other City employee for the purpose of insuring that
conditions of the permit are being satisfied. The Property Owner hereby agrees to reimburse
the City for any other costs incurred as a result of the granting or enforcing of the permit.
M. 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.
N. The Property Owner shall deposit with the City a surety bond or cash escrow in the amount
of Five 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 the 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 Public Works
Director 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.
1998 Mining Permit
Cemstone /Furlong
Page 2 of 4
(5) The surety bond or cash escrow shall remain in effect from June 19, 2001 until June 30,
2002.
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.
O. The Property Owner shall furnish 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 June 19, 2001 until June 30, 2002.
P. The accessory aggregate sorting and washing plant shall be enclosed by a temporary fence.
In addition, the northern perimeter shall also be fenced.
Q. The Property Owner shall hold the City harmless from all claims or causes of action that
may result from the granting of the permit. 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.
R. 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.
S. 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.
T. 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.
U. 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.
V. 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 four inches after reclamation. No restored slopes may exceed a gradient of 25 %
or four to 1 (4:1).
W. The Operator shall provide an escrow of $5,000.00 as a security to ensure that Fischer
Avenue will be resurfaced with one hundred percent (100 %) crushed Class 2 following the
1998 Mining Permit
Cemstone /Furlong
Page 3 of 4
removal of the accessory aggregate sorting and washing plant. The escrow may be replaced
by another form of security acceptable to the City Administrator.
X. Fisher Avenue shall be continuously maintained and bladed at the end of each day and kept
open to traffic.
Y. 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 this 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.
IN WIT NESS WHEREOF, Tom Furlong, the Property Owner, hereby
consents and agrees to the foregoing conditions of said mining permit and has hereunto set his
hand this day of , 2001.
TOM FURLONG
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
, 2001, by Tom Furlong, Property Owner.
Notary Public
day of
1998 Mining Permit
Cemstone /Furlong
Page 4 of 4
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