HomeMy WebLinkAbout8.a. Mineral Extraction Permit Renewal: Solberg/Koch Refining Co.-1 N
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: January 18, 2000
AGENDA ITEM: Mineral Extraction Permit Renewal: Solberg /
AGENDA SECTION:
Koch Refining Co.
New Business
PREPARED BY: Rick Pearson, City Planner
AGENDA
ATTACHMENTS: Revised Grading Plan, Draft 2000 Conditions
APPROVED BY:
of Operations
1
Applicant:
Location:
Property Owner(s):
Area in Acres:
Comp. Guide Plan Desig:
Current Zoning:
Planning Comm. Action:
rM
Solberg Aggregate Co.
1/4 mile north west of the intersection of 140th Street and STH 52.
Koch Refining Company
80
Industrial - General
General Industrial (IG) - Mineral Extraction is a permitted use
Recommendations of approval for both renewal and modification of grading plan.
SUMMARY
Mr. Lauren Howard of Solberg Aggregate is requesting the renewal of their mineral extraction permit for
property owned by Koch Refining Co. The property is the former Solberg site west of STH 52 which was sold
to Koch and leased back to Solberg's for continued mineral extraction operations. Koch has agreed to continue
the arrangement for several years. Solberg's are requesting a modification to the restoration grading plan that
would extend the lifespan of the pit. This same request was made last year, and the City Council declined to
approve the modification. Subsequently, discussion has occurred between the City Council and a consultant,
John Shardlow regarding the future of mineral extraction in Rosemount. While the process is not complete, it
may be anticipated that mineral extraction may be a conditional use in the General Industrial District.
The pit area is essentially on top of a plateau, north of the former Chicago Northwestern railroad tracks. The
revised grading plan shows how the top of the southern edge of the plateau would taper downward, thus
allowing approximately 200,000 cubic yards of sand and gravel to be mined over a period of 3 to 4 years.
This site is completely fenced with chain link security fencing, and no complaints have resulted from its use.
Koch Refining Group is in support of the permit renewal. The Engineering Department has reviewed the
revised grading plan and have identified no issues or concerns.
PLANNING COMMISSION PUBLIC HEARING
No one appeared to comment on the request at the required public hearing on January 11, 2000 other than the
applicant. The Planning Commissioners had questions regarding the lease arrangement with Koch and Koch's
responsibilities in the event of Solberg's abandonment or eviction of the site. The permit conditions are
required to be signed by both the operator (Solberg) and property owner (Koch).
RECOMMENDED ACTION:
Motion to approve the mineral extraction permit renewal and grading plan modification for Solberg
CITY COUNCIL ACTION:
THE ADJOINING
2 TO THE WEST
:H REFINING CO.
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NOTE: KOCH REFINING CO. OWNS TO ROAD NO. 38
DENOTES EXISTING CONTOUR LINE
COUNTY
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— 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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DENOTES EXISTING SPOT ELEV.
TOPOGRA ?HY OUTSIDE OF FENCE
FURNISHED BY MARKHURD INC.
SECTION 24. TOWNSHIP 115 N.,
DENOTES EXISTING FENCE
DATED 1985
RANGE 19 W., DAKOTA COUNTY,
DENOTES EXISTING TREE
MINNESOTA.
DENOTES EXISTING EDGE OF WOODS
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NOTE: KOCH REFINING CO. OWNS TO 'COUNTY ROAD NO. 38
DENOTES EXISTING CONTOUR LINE
DENOTES PROPOSED CONTOUR LINE
TOPOGRAPHY INSIDE OF FENCE BY
THE NORTH ONE HALF OF THE
DENOTES EXISTING SPOT ELEV.
FIELD METHODS DATED SEPT 1993.
TOPOGRAPHY OUTSIDE OF FENC E
.
SOUTHEAST ONE QUARTER OF IF
.IT
FURNISHED BY MARKhURO INC.
SECTION 24, TOWNSHIP 115 N.,
DENOTES EXISTING FENCE
DATED 1985
RANGE. 19 W., DAKOTA COUNTY,
DENOTES EXISTING TREE
MINNESOTA.
DENOTES EXISTING EDGE OF WOODS
DENOTES DIRECTION OF PROPOSED DRAINAGE
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DWYER & ASSOCIATES, INC.
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RECLAMATI PLAN
SOLBERG AGGREGATE
Mineral Extraction Permit
2000 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 3 on Exhibit A which is attached
hereto as one of the exhibits dated December 2, 1994.
C. That the term of the permit shall extend from March 1, 2000 until December 31, 2000
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 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
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.
L 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.
2000 Mining Permit
Solberg/Koch
Page 1 of 4
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, 2000 until July
30, 2001.
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
2000 Mining Permit
Solberg/Koch
Page 2 of 4
K
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, 2000 until March 1, 2001.
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.
2000 Mining Permit
Solberg/Koch
Page 3 of 4
That Koch Refining Co., a Minnesota resident, the Property Owner, hereby consents and
agrees to the foregoing conditions of said mining permit.
By:
Date:
That Solberg Aggregate Co., a Minnesota resident, the pit operator, hereby consents and
agrees to the foregoing conditions of said mining permit.
By:_
Date:
2000 Mining Permit
Solberg/Koch
Page 4 of 4