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HomeMy WebLinkAbout6.f. Mineral Extraction Permit Renewal - Solberg Aggregate Co/Koch Refining Group,` 1 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 0 � o . �§ ■ r r 2 § § k A c z a m m � § q k 2 r < M m § m r 0 n A m ° k � � » § .o $ > < � \ § m k � t m § k� z ■ 10 m ,g„ m Mna " �k f� § 2�k0 % §$ o m, m -!,e � ;q3; n 1 /� �( /� � § n I ■ . 00 0 E ADJOINING 908 0 THE WEST REFINING CO • - - - - - - 906 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 906 - - - ;f ---- -- --- 90 -- - - - - - - - - - - - - - - - ----- - - - - - - - - - - - - - - - L - - - - - - - - - 904- - - - - - - - go - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4o2---- I - - - - - - - - - - - - - - -------- - - - - -- ----- - - - - -- - - - - - - - - - goo--- I I N 90A aga age - - - - - - - - - - - - - - - 910 826-- 9w r - as -- - - - - - - - - - -392- - - '� .,� \ I " 1 ' \ � \ \����! ^ i� - '0p - -6�--- - - - --�- -ate---- -\�\\� -- '�-_J. 7 1. 1 p CHC46L & NORTHWESTERN R.R' 7 , Q � Z: �_ 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 .0 DENOTES EXISTING SPOT ELEV. TOPOGRAPHY OUTSIDE OF FENCE FURNISHED BY MARKHURD INC. SECTION 24. TOWNSHIP 115 N.. ---- DENOTES EXISTING FENCE DATED 1985 RANGE 19 W.. DAKOTA COUNTY, MINNESOTA I DENOTES EXISTING TREE DENOTES EXISTING EDGE OF WOODS Ste. Z.. 1115, •%9 DVVYER & ASSOCIATES, INC. DENOTES DIRECTION OF PROPOSED DRAINAGE F 75 S Z bt_M H.*.'6l MI,,— 55033 a-- 61214372'900 AkXj6121.374979 1. REMM MACK DOT MW CONSTRUCT" AREA APO groCK PLC FOR LATER USE 2. AULOCE KACO, W TO A .16HOOtAl OF Or ON Au emlo summ. 2. GR ASS SOM I" Ca-MED AMM NM w.0.0.T: m*IUOE 05 - W UPS, P" ACRE RECLAMATION PLAN SCALE I -too RA.W 1• :)A•E 1/12/99 ORO, ;r_ _ �_4 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 .z 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