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HomeMy WebLinkAbout6.f. Mineral Extraction Permit Renewal - Shafer Contracting Co.CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: November 20, 2001 AGENDA ITEM: Mineral Extraction Permit Renewal — Shafer Contracting Co. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGEND - f 6 ATTACHMENTS: Maps, Draft Conditions for 2001 APPROVED BY: Applicant & Property Owner(s): Scott Spisak of Shafer Contracting Co. Location: 1 /4 mile west of County Road 71 and 1 mile north of County Road 38 Area in Acres: 90 Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Nature of Request: Annual renewal of Mineral Extraction Permit Planning Commission Action: Unanimous recommendation of approval SUMMARY Scott Spisak of has requested the renewal of the mineral extraction permit for Shafer Contracting. This request is a routine renewal with no modifications or changes requested. So far this year, approximately 175,000 cubic yards of sand were removed from the site. The land is taking shape according to the approved plan, and the activity is still within the third phase area. Staff anticipates that the fourth phase will not be active at least until the next year (2003 to 2004). Shafer will be restoring as they go. No complaints were reported by the Police this year. PLANNING COMMISSION PUBLIC HEARING No one spoke at the Planning Commission other than Mr. Spisak's response to questions. Mr. Koehnen and Ms. Schneider were present, however, they did not comment. RECOMMENDED ACTION: Motion to renew the mineral extraction permit for Shafer Contraction subject to the attached conditions for 2002. CITY COUNCIL ACTION: I N Copyright 2001, Dakota County - Map Date: November 8, 2001 9 970 W-0 930 M 950 950 950 940 930 920 920 It ♦ �, J� ^r 4�t� � -�d;r' - �. o .,.s" �.z� F } S 1 y„ w.�+`'k`�� �,t.�+ + ° ;3 `- J +F !�r'��i`'E+' 9:0 9w 890 r i, 1 -- ••_ _� ..,, ... »� PW 930 930 940 970 920 - -. 006 . 1190 ego 900 910 -. iiO PROPOSED RECLAMATION AND END USE PLAN Coca" of, � 5. d IN AT07T11!>itt raorDa!lD OAR aAVANNAti 71W W= bar of"a in dw r apamd Cmyc d 19M 1"1.1992. IM, 1"4. N191, I AND1l1DXJLNIWFHrI.A rDW w�hwitOM&M10 the 996. 1997. 1998yDd*k1JoaaeyAlrW* , t AORIr77LTDItE/ otthoggorROaann®t = rm&&H o b saopbq�aPeA , raq,arlmaYYdMagfss -b7e7 ORAaaIaND �/ MMUSSOONIOURS kbefesdon , w"h0wP*M"otaomD�.Lou 'tea` ay` Proposed Reclamation Shaft r CoaftWing Company. Inc. rtopww For lnrM(k00 aw 06�9:ba4 lhrprad fy- p rye Mining Operation r 0. Uaa.12a � and End Use Plan Lanbo7ohMnpmp"- 1tosemotfDt, MN ab.ta ,urr ssm� rbo M 6st,2s7.5019 pw 651 -M." 11 ,*.I' ,,, md M � "%a r�� D A NA 1Warr"LUNS rhnaae 651.221-0101 Par: 631- M-6817 0 130' 300' 6W vjx M AlfII, 6.199! V6 ffill PROPOSED MINING OPERATION AND PHASING PLAN MONTING PERIOTTED laNM PROPOSED RECYCXM AM ru"m 1, x ANDS PROPOSED AM FOR TREK 11.0MV05 - MAW Oil THESE TRERS WIIL BE TRANSPLANTED d— w.bb.%.d ffi— D.%k —W= PROPOSSIDMIlCHOARRA. PROPOSED STORM WATER MANAGRIOWPOND TOTHE SAVANNAH ARILA MOWN ON RBCL&MATE)N AND END USE KAN - OFl`HERS WIMRMAAINPORSCREENINO PHARR 41.0. 15 ACRES PHARR 5: -ht I 5 ArR AS PER HRO DESIGN COMM Dd%ftQmVm."Wl0dk6ML 7beammkift Own PHASH 6. 41- IS AM FHARH7.1 +1-1 1 ACRES cwy4v "10. UK IM 1"36 19111"% 19K "my. 1"I w Dbk C.-mr. Al doff 0—.V. ft Inc. Mining Operation and swer CmftcProposed Pf-,— Par P-wo Dr. MininCompaq, g Operation 1 1 .0. flu in lm&mp Ar*bmcb md PUmm OFT P Phasin g Plan mm naft"m 3W Rad Kdloa BoulaW ®nsAYPHaorlo Lum Johnson PIWMV - Roemount, MN Elmu 651-257-MI9 Pic 01-M.YM Sawr"LuN.1"I 0 1" M& dw VATft Mineral Extraction Permit 2002 Conditions For Mineral Extraction Permit Renewal SHAFER CONTRACTING COMPANY, INCORPORATED 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 Phase 3 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, 2002 until December 31, 2002 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 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 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. 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 Public Works Director 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, regarding 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. 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. 5) The surety bond or cash escrow shall remain in effect from January 1, 2002 until July 30, 2003. 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, 2002 until March 24, 2003. O. That no processing or mixing of material 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 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 consequences 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 semiannually 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 material 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. 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 , 2002. Shafer Contracting Co. By: George Mattson, Its President STATE OF MINNESOTA ss COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of , 2002, by George Mattson, President of Shafer Contracting Company, Inc., the Property Owner, on behalf of the Corporation. Notary Public EXHIBIT A [Legal Description] Parcel l : The S %2 of NW' /; of Section 14, Township 115, Range 19, Dakota County, Minnesota. Parcel 2 : That part of the S % of the NE V4 of Section 14, Township 115, Range 19 lying West 'of the Rock Island Railroad right -of -way, except Parcels A and B described as follows: Parcel ti : Beginningat the intersection of the South line of the South % of the NE %4 of said Section 14, with the Westerly line of the Rock Island Railroad right -of- -way; thence North 8 degrees 36 minutes 36 seconds East along the westerly line of the Rock Island Railroad right -of -way, a distance of 670.00 feet; thence West along a line parallel to the South line of said South ' /� of the NE' /: a distance of 707.00 feet; thence South along a line perpendicular to the South line of the South % cf the NE %4 to said South line; thence East along the South . line of the South '/ of the NE %4 to the point of beginning. Parcel B :.That part of the SW' /: of the NE' /. of Section 14, Township 115, Range 19, Dakota County, Minnesota described as follows: Commencing at the NE corner of said SW '/ of the NE %4; thence North 89 degrees 57 minutes 20 seconds West, assumed bearing, along the North line of said SW' /4 of the NE V4, 172.74 feet to t intersection of said North line with the Westerly line of the Roc-; Island Railroad right -of -way and the point of beginning of the land to be described; thence South 8 degrees 36 minutes 36 seconds West along said Westerly right -of -way line, 66:74 feet; thence North 89 degrees 57 minutes 20 seconds West, 80.90 feet; thence South 8 degrees 36 minutes 36 seconds West, 388.63 feet; thence North 89 degrees 57 minutes 20 seconds West, 933.14 feet; thence North 00 degrees 16 minutes 50 seconds East, 451.40 feet, more or less, to &.e North line of said SW' /. of the NE %; thence East, along said No,—Lh line of the SW %4 of the NE V4, 1080.00 feet, more or less, to the point of beginning. Parcel 3: The North 4 rods (66.0 feet) of that part of the South ' /� of the NE V. of Section 14, Township 115, Range I 9, lying West of Dakota County Road No. 71 and East of the Rock Island Railroad right -of -way. arcel 4: An easement for ingress and egress over that part of the South 66 feet of the S.% of the NE '/4 of Section I4, Township 115, Range 19, lying Westerly of Dakota County Road•No. 71. Parcel 5 ; An easement for ingress and egress over that part of the SW %< of the NE V- of Section 14, Township 115, Range 19, described as follows: Commencing at the NE corner ofsaid SW % of the NTE' / <; thence North 89 degrees 57 minutes 20 seconds West, assumed bearing, along the North line of said SW V4 of the NE %, 172.74 feet to the point of intersection of said North line with the Westerly line of the Rock Island Railroad right -of -way and the point of beginning of the land to be described; thence South 8 degrees 36 minutes 36 seconds West along said Westerly right -of -way line, 66.74 feet; thence North 89 degrees 57 minutes 20 seconds West, 80.90 feet, more or less, to the point of begin,aing; All according to the - Government Survev thereof, Dakota County, Minnesota. ` .. � ---�-- '