HomeMy WebLinkAbout6.i. Mineral Extraction Permit Renewal for ShaferCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: December 19, 2000
AGENDA ITEM: Mineral Extraction Permit Renewal - Shafer
AGENDA SECTION:
Contracting Co.
Consent
PREPARED BY: Sheila O'Bryan, Code Enforcement Official
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AGE
ATTACHMENTS: Site Maps, Phasing Maps, 2001 Conditions
APPROVED BY:
Applicant & Property Owner(s):
Location:
Area in Acres:
Comp. Guide Plan Design:
Current Zoning:
Nature of Request:
SUMMARY
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Scott Spisak of Shafer Contracting Co.
1/4 mile west of County Road 71 and I mile north of County Road 38.
93 (approximately)
Agriculture
Agriculture
Renewal of Mineral Extraction Permit
Scott Spisak has requested the renewal of the mineral extraction permit for Shafer Contracting. This is a request
based upon the routine annual review and renewal of the current permit.
In 2000,102,232 Cubic yards of sand were reported to have been removed from the pit area. 2,443 cubic yards
of salvage pavement for recycling was stockpiled, as indicated on the phasing plan.
This pit is currently in phase 3 of the plan. They currently do not have any jobs contracted.
The Police indicated two complaints were received concerning this property in the past year. One complaint
regarding a truck spill, the spill was cleaned up right away. The other regarding trucks blocking traffic, this
report was unconfirmed.
PLANNING COMMISSION PUBLIC HEARING — DECEMBER 12, 2000
There were no questions or concerns from the public regarding the permit renewal for Shafer Contracting. The
Planning Commission asked if a gate was at the entrance, Scott Spisak confirmed that there is.
RECOMMENDED ACTION: Motion to renew the mineral extraction permit for Scott Spisak of Shafer
Contracting Co., Inc. subject to the attached conditions for 2001, and approval by the City Attorney.
CITY COUNCIL ACTION:
SITE MAP
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NOTE: Dimensions rounded to nearest foot.
Copyright 2000, Dakota County -
This drawing is neither a legally receded map nor a survey and is not Intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affeeding the area shown, and is to be used for reference purposes
only. Dakota County is not respon�ble for any inaccuracies herein contained. If discrepancies are
found, please contaM Dakota County Survey and Land Info at Department.
Map Date: November 21, 2000 Parcels Updated: 1112/00 Aerial Photography:
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NOTE: Dimensions rounded to nearest foot.
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This drawing is neither a legally receded map nor a survey and is not Intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affeeding the area shown, and is to be used for reference purposes
only. Dakota County is not respon�ble for any inaccuracies herein contained. If discrepancies are
found, please contaM Dakota County Survey and Land Info at Department.
Map Date: November 21, 2000 Parcels Updated: 1112/00 Aerial Photography:
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Mineral Extraction Permit
2001 Conditions For Mineral Extraction Permit Renewal
SHAPER 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, 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. 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
2001 Mining Permit
Shafer Contracting
2 of 5
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 Omer 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, regrading 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.
2001 Mining Permit
Shafer Contracting
3 of 5
(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, 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 March
24, 2001 until March 24, 2002.
O. That no processing or mixing of materials 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 time 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 consequence 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.
2001 Mining Permit
Shafer Contracting
4of5
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 semi-
annually 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 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.
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.
2001 Mining Permit
Shafer Contracting
5 of 5
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 , 2001
Shafer Contracting Co.
BY:
George Mattson, Its President
STATE OF MINNESOTA )
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COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2001, by George Mattson, President of Shafer Contracting Company,
Inc., the Property Owner, on behalf of the Corporation.
Notary Public
EXHIBIT A
[Legal Description]
Parcel 1: The S 'h of NW '/< of Section 14, Township 115, Range 19, Dakota County, Minnesota.
Parcel 2: That part of the S 'h of the NE'h 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 : Beginning at the intersection of the South line of the South %2 of the NE %<
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 aline
parallel to the South line of said South '/2 of the NE V, a distance of 707.00 feet;
thence South along a line perpendicular to the South line of the South %2 of the NE
K to said South line; thence East along the South line of the South '/2 of the NE'A to
the point of beginning.
Parcel :.That part of the SW' /< of the NE' /< ofSection 14, Township 115, Range
19, Dakota County, Minnesota described as follows:
Commencing at the NE corner of said SW '/< of the NE '' /a; thence
North 89 degrees 57 minutes 20 seconds West, assumed bearing,
along the North line of said SW' /. of the NE' /, 172.74 feet to the
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; 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 the
North line of said SW' /< of the NE' /.; thence East, along said North
line of the SW' /< of the-NE' /<, 1080.00 feet, more or less, to the point
of beginning.
Parcel : The North 4 rods (66.0 feet) of that part of the. South' /2 of the NE % of Section 14,
Township 115, Range 19, lying West of Dakota County Road No. 71 and East of the Rock Island
Railroad right -of -way.
rcel 4: An easement for ingress and egress over that part of the South 66 feet of the S.
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4 of Section 14, Township 115, Range 19, lying Westerly of Dakota County Road-No?7. the NE
Par e( : An easement for ingress and
gr 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 of said SW %4 of the NE %; thence North 89 degrees
57 minutes 20 seconds West, assumed bearing, along the North line of said SW '/4 of
the NE %4, 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 beginning;
All according to the - Government Survey thereof, Dakota County, Minnesota.
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