HomeMy WebLinkAbout6.f. Mineral Extraction Permit Renewal - Solberg Aggregate Co/Koch Refining Group,`
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CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: January 16, 2001
AGENDA ITEM: Mineral Extraction Permit Renewal — Solberg
AGENDA SECTION:
Aggregate Company, Inc./ Koch Refining Group.
Consent
PREPARED BY: Rick Pearson, City Planner
AGEN
ATTACHMENTS: Site Map, phasing map, grading plan, 2001
APPROVED BY:
Conditions
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 Commission Action: Recommendation of renewal including grading plan modification.
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. At this time, Solberg is again requesting approval of a modified grading plan.
In the year 2000, 47,301 tons of sand and gravel had been removed from the pit area by the third
quarter. The Solberg pit is currently working in phase five. 2001 marks the last year for the asphalt
plant that is located at the Solberg pit.
It is estimated that 150,000 cubic yards of sand and gravel will be removed according to the current
grading plan. 210,000 cubic yards will be removed if Council approves the modified grading plan.
The police indicated that there were no complaints reported regarding this property.
The pit area is essentially on top of a plateau, north of the former Chicago Northwestern railroad
tracks. The modified grading plan shows how the top of the southern edge of the plateau would taper
downward, thus allowing the additional material to be extracted. Mr. Howard indicated that Solberg
and Koch have agreed that operations will cease at the end of 2003. The Engineering Department
has reviewed the proposed grading plan and have identified no issues or concerns. Mr. Howard
indicated that Koch Refining Company was in favor of the grading plan.
PLANNING COMMISSION PUBLIC HEARING
No one attended the public hearing other than the applicant.
RECOMMENDED ACTION: Motion to approve the mineral extraction permit renewal and grading
plan for Solberg Aggregate Co. Inc. located on the Koch Refinery property subject to the attached
conditions for 2001.
CITY COUNCIL ACTION:
SOLBRERG AGGREGATE / KOCH REFINING CO.
MINERAL EXTRACTION PERMIT LOCATION MAP
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DENOTES EXISTING CONTOUR LINE NOTE: KOCH REFINING CO. OWNS TO COUNTY ROAD NO.
-906- - DENOTES PROPOSED CONTOUR LINE TOPOGRAPHY INSIDE OF FENCE BY THE NORTH ONE HALF OF THE
FIELD METHODS DATED SEPT 1993. SOUTHEAST ONE QUARTER OF
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FURNISHED BY MARKHURD INC. SECTION 24. TOWNSHIP 115 N..
---- DENOTES EXISTING FENCE DATED 1985 RANGE 19 W.. DAKOTA COUNTY,
MINNESOTA
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DENOTES EXISTING EDGE OF WOODS
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DVVYER & ASSOCIATES, INC.
DENOTES DIRECTION OF PROPOSED DRAINAGE
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T SOLBERG AGGREGATE
Mineral Extraction Permit
2001 Conditions For Mineral Extraction Permit Renewal
KOCH REFINING CO. - SOLBERG AGGREGATE CO.
A. That Koch Refining Co. (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 February 20, 2001 until December 31, 2001
unless revolted 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 labelled 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.
2001 Mining Permit
Solberg/Koch
Page 1 of 4
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 Public Works Director or any other City employee for the 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 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 Public Works
Director 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, 2001 until July
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.
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 ($500,000.00) Dollars for injury or death of any
2001 Mining Permit
Solberg/Koch
Page 2 of 4
one person in any one occurrence, bodily injury liability in an amount of at least One
Million and no /100 ($ 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, 2001 until March 1, 2002.
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.
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
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IN WITNESS WHEREOF, Koch Refining Group, the Property Owner, hereby consents and
agrees to the foregoing conditions of said mining permit this day of 2001.
Koch Refining Group
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 , 2001.
Solberg Aggregate Company, Inc
BY:
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
) ss
The foregoing instrument was acknowledged before me this
day of , 2001, by , of Koch Refining
Group, 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 , 2001, by , of Solberg Aggregate
Compay, the Pit Operator, on behalf of the Corporation.
Notary Public
2001 %1ming Permit
Solberg/Koch
Page 4 of 4