HomeMy WebLinkAbout6.j. Mineral Extraction Permit Renewal for DannerCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: December 19, 2000
AGENDA ITEM: Mineral Extraction Permit Renewal — Danner
Inc.
AGENDA SECTION:
Consent
PREPARED BY: Sheila O'Bryan, Code Enforcement Official
AGENPW 6 0. J
ATTACHMENTS: Site Map, Phasing Map, 2001 Conditions
APPROVED BY:
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Applicant & Property Owner(s): Marlon L. Danner of Danner Inc.
Location: 1.25 miles east of STH 52/56 and % mile south of CSAH 42
Area in Acres: 75
Comp. Guide Plan Design: Agriculture
Current Zoning: Agriculture
Nature of Request: Renewal of Mineral Extraction Permit
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Marion Danner has requested the renewal of the mineral extraction permit for Danner Inc. This is a
request based upon the routine annual review and renewal of the current permit.
In the year 2000, 52,000 Cubic yards of Granular Material were reported to have been removed from
the pit area.
This pit is currently in the 2000 phase.
The Police indicated that there were no complaints reported regarding this property.
PLANNING COMMISSION PUBLIC HEARING — DECEMBER 12, 2000
There were no questions or concerns from the public regarding the permit renewal for Danner Inc.
The Planning Commission questioned what jobs were lined up and if Danner Inc. expected to mine
more this year than in the past. The Danner Inc. representative did not confirm if more would be
extracted this year than in the past. The representative also stated, they were not expecting too
many more jobs this season because of the weather.
RECOMMENDED ACTION: Motion to renew the mineral extraction permit for Marlon Danner of
Danner Inc. Subject to the attached conditions for 2001.
CITY COUNCIL ACTION:
MAILING NOTIFICATION SITE MAP
PID: 34- 02900 - 010 -60, 1320 K buffer
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NOTE: Dimensions rotxuled to nearest foot.
Copyright 2000, Dakota County .
Ttds drawing is neither a lege9y ==—a ---d y is not intended to be used as one
This drawing is a completion of iatlon and data !opted in various aty, county, and
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offices and otter sources afleetlng the area shown, and is to be used for reference purposes
only. Dakota County is a for any inaccuracies hentin contained. N disa�andes are
found, please eonhaG Dakotanel Survey and Land Information Department.
Map Date: March 9, 2000 Aerial Photography: Parcels Updated: 2/24100
DEC -06 --2000 13 :11 DANNER INC 612 450 9076 P. 02/02
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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) 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 maybe
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, 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 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 April
4, 2001 until July 30, 2002.
O. The storage of equipment (unrelated to the sand and gravel mining and processing),
manure, construction debris, 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 as fill shall be strictly prohibited.
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 consequence of such claims.
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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. No restored slopes may exceed a gradient of 25% or
four to 1 (4:1).
V. The Property Owner must show how materials 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.
That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of
said mining permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of
2001.
DANNER, INC.
BY:
Property Owner
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2001, by , on behalf of
Danner, Inc., Property Owner.
Notary Public
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