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Home My WebLink About8.c. Mineral Extraction Permit Renewal - Furlong / Cemstone CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: March 16, 1999 AGENDA ITEM: Mineral Extraction Permit Renewal-Furlong/ AGENDA SECTION: Cemstone New Business PREPARED BY: Dan Rogness, Community Development Dir. AGENDA��I�_11.� � ATTACHMENTS: Phasing and Grading Plans;Draft PC (3-9-99) APPROVED BY: minutes; Draft Conditions of Operation; Corres ondence. Applicant&Property Owner: Tom Furlong Location: 1/4 mile south of CSAH 42/'TH 55,West side of Fischer Ave. Area in Acres: 33 total Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Planning Commission Action: Recommendation of Renewal(excluding haul-back)Unnanimous SUMMARY Tom Furlong is requesting that the mineral extraction permit for his property be renewed for 1999. Previously, Cemstone Ready Mix renewed the permit as the operator. Mr. Furlong wishes to assume the dual responsibilities of owner/operator. This is desirable for the City as only one party has to be contacted if there are enforcement issues. Typically, the property owner is less mobile than the operator, so this proposed arrangement is prefened by city staff. Cemstone's activity in the mining process has been very limited, due to the lack of construction projects they have been awarded in this area. Consequently, activity to date has been limited to the first phase. In addition, Mr. Furlong is building a golf course in Ninninger Township between Fischer and Goodwin Avenues. The mineral extraction permit gives him a source for fill material needed for grading the golf course. Mr. Furlong also has a new customer who would be purchasing material. Shawn Dahl of Ames Construction has requested that the Ames be allowed to "haul-back"material from their current job-site to be spread in the excavated pit area. This material is a mixture of sand and clay which is unsuitable for supporting buildings, roads or runways. It is desirable, however, as a layer of material to be placed under restored topsoil. The reason for this is to "hold"moisture near the topsoil,before it percolates into the subsoil. Mr. Furlong has complained about the current condition of his soil being excessively well-drained, which creates difficulties for agricultural use. PLANNING COMMISSION PUBLIC HEARING No one attended or participated in the public hearing except for the applicant and representatives of Ames Construction and Cemstone. The Planning Commission explained to Mr. Furlong that the City Council may not approve the"haul-back"request. Staff indicated that some additional information may be useful, such as an analysis of the haul-back material and some method of sampling. The Planning Commissioners expressed their willingness to recommend approval of the permit renewal and consider the haul-back question separately, depending on City Council direction. RECOMMENDED ACTION: Motion to recommend to approve the mineral extraction permit renewal for Tom Furlong for the 1999 season, excludin the abilit to im ort fill material excavated off-site. ��\ W a � � _ t9�T� s-r�+ s h� P ' a � v �� 340280001085 � � � � I � I I I �I � I ' I i � I � -�- � I ; : P �,; a � w 2 � i I I � I -= �� ;4 . .�. �. �j �. _,.._,_.. �.y��+�• . . ___.�.�_ �. _ .___�__� . ' � . . • . � . � � � ' ,� . .- -•�'�._�_r_.' .� ��T�7.`"�� . � .• ' � � . • � i � � � . i , ' f 1 � ' '' , _ �� '• I • � ' �� l4t �� ,'!,�! 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As concerns the comm ty center, it will be an 't for the Kelle Trust residents,unless the city wishes articipate in providing this Y Y amem Bob McCarthY, 26 Clover Lane, feels the m eting study is biased and suggested another study be performed by outside source. Martin Van Orsow, 12861 Shann arkway, asked whether it would be possible to get a projection of the traffic count. . John,ston indicated a traffic study would be done in the � environment assessment. MOTION by Dro to continue the public hearing until a�h 23, 1999. Seconded by Shoe- Corrigan. Ay . roste, Shoe-Corrigan,Weisensel,Klassen, anc� entinger. Nays: 0. Motion carried. ION by Droste to recess the meeting unti19:50 p.m. Motion carried un � ously. Public Hearin : Furlon /Cemstone Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the Furlong/Cemstone application for a Mineral Extraction Permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Tom Furlong to renew the mineral extraction permit for his property. Additionally,Mr. Furlong wishes to assume responsibility as owner/operator. The mining operation is still in Phase 1, and no modifications to the grading plan are requested. Chairperson Droste opened the floor to the applicant. Tom Furlong indicated he wishes to renew his mining permit. Additionally,he explained that Ames Construction wishes to create a round- trip haul,wherein sand is hauled away, and they return with a clay/sand mixture. This provides a good base for agricultural use and would aid in restoration. While Commissioners did not object to the round-trip hauls and thought it may have a positive impact on restoration,they felt additional information was necessary in order to make an informed decision. Mr. Furlong agreed to retum at a later date with a formal request for the round-trip hauls and will provide more information at that time. Chairperson Droste opened the floor to the public. There were no comments. Planning Commission Regular Meeting Minutes . March 9, 1999 Page 5 MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe-Corrigan, Weisensel,Klassen,Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong for the 1999 season. Seconded by Tentinger. Ayes: Weisensel, Klassen, Tentinger,Droste, and Shoe-Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision,the meeting was adjoumed at 10:25 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary �R,� Mineral Extraction Permit �� 1999 Conditions For Mineral E�rtraction Permit TOM FURLONG A. Tom Furlong, (hereinafter referred to as "the Property Owner,") shall sign written consent to these conditions binding himself and his successors, heirs or assigns to the conditions of said permit. B. This permit is granted for the area designated as on Exhibit A which is attached hereto as one of the exhibits. C. The term of the permit shall extend from January 1, 1999 until December 31, 1999 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. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the pemuts required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the attached grading plan labelled Exhibit B, or as approved by the City Engineer, and any other conditions as may be unposed by the City from time to time. F. The grading plan, Exhibit B shall be revised to exclude all trees along Fischer Avenue. No grading shall occur within the drip zone or beneath the spread of branches of any tree. G. All gravel trucks and other mining related tra�c shall enter and exit the mining area from Fischer Avenue. 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. H. 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. 1998 Mining Permit Cemstone/Furlong Page 1 of 4 I. 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. J. 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. Topsoil shall be provided to a minimum of four (4) inches and shall be consistent with city specifications for all restored phases. K. 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. L. 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. The Property Owner shall 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. The Property Owner hereby agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M. That the daily hours of operation for the mining area shall be limited to 7:00 a.m. to 8:00 p.m., subject, however, to being changed by the City Council. N. The Property Owner shall deposit with the City 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 off'icer 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, 1999 until July l, 2000. 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. 1998 Mining Permit Cemstone/Furlong Page 2 of 4 O. The Property Owner shall furnish 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 January 1, 1999 until July 1, 2000. P. The accessory aggregate sorting and washing plant shall be enclosed by a temporary fence. In addition, the northern perimeter shall also be fenced. Q. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. 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. R. The Property Owner shall 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. S. 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. T. 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. U. 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. V. 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 four inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). W. The Operator shall provide an escrow of$5,000.00 as a security to ensure that Fischer Avenue will be resurfaced with one hundred percent (100%) crushed Class 2 following the removal of the accessory aggregate sorting and washing plant. The escrow may be replaced by another form of security acceptable to the City Administrator. 1998 Mining Permit Cemstone/Furlong Page 3 of 4 X. Fisher Avenue shall be continuously maintained and bladed at the end of each day and kept open to traffic. Y. 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 this 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 operatores 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. IN WITNESS WHEREOF, Tom Furlong, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this day of , 1999. TOM FURLONG STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1999, by Tom Furlong, Property Owner. Notary Public 1998 Mining Permit Cemstone/Furlong Page 4 of 4 AMES �QNSTRUCTIt�N, INC. 14420 COUNTY R4AD 5 � BURNSVILLE, MII�TNESt�TA 55306 (612) 435-7106 • FAX 435-7142 March 10, 1999 � � Mr. Richard Pearson ' City Planner City of Rosemount 2875 145�Street West ; Ro�emaunt,MN 55068-4997 Via Fax(bS 1)423-5203 &US Mail Re: Thamas Furlong Mineral Extraction Permit Dear Mr.Peaison: It was a pleasure to me�t with you and the membors of the Rosenaount Plannii�g Commission last night regardang Mr.Tom�xlang's Mineral Extraction Permit for his property between Fischer and Croodwin Avenues. As I told you,Ames Constnution,Ine.has been a heavy civil contractar for almost�0 years, and has maintained its headquarters in Burnsville,Minnesota for that entire period. We are active all across the United States and have done projects from W�shingtan,DC to Seattlo, Washsngton and from Florida to Califamia. Even though the company ig now a large national contraetar,our principals have not forgotten their Dakata County agriculi�al be,git�nings. we are pleased that Mr.Tom Furlong appears to be nearly prepared to be in position to suppty our company with a significant quantity af clean sand for our use on a major looal praject. As a part of this project,we will have available a quantity slightly less than the amount of sand we will be purchasing from Mr.Furlang of clean,unconta�ninated high quality clayey silty sand. Since this material will be a haul-off item on our project,we can make it available to Mr.Furlong at little or na cost by having our trucks h�ui loaded in both directians. Mr. Furlong has indicated his desire to reclaim the subject prdperty into the valuable farmland that it is today. In order to accdmplish his goal, we propase that the City perm�t us ta haul back the clayey silty sand material for use in reelaiming the property. Clayey silty sand,by defuutian,consist�of up ta 49% of clay and silt content and 51%or less sand content. As such,when spread to a�proximately a 24 inch depth, it will rnake an excellent moisture retentive base far reclamation of the properry oncc we have re-spread the stockpiled topsoil on the property. �++��r OFFTCES�:DBNVER�COLORADO • PH08NLC�ARTLOhA • SALT LAKE CTIY, UTAH Mr.Richard PearsQn City of Rosemovnt March 10, 1999 Page Tbvo As I'rn sure you ar�aware,Mr.Furlong currently�tx�s a center pivut irrigation system on the quarter section adjacent to, and sauth of,the subject properry. He has told us that he would]ike ta install a similar irrigation system on thia property once it is reclaimed. He believes, as we do,that aur addition of the silty sand material will increase the moisture retentivn ability of his property far beyond that which will occur if we simply spread the stockpiled topsoil over the mined property. In additioa,we have agreed ta spread nitrogen and phosphorus over the reclaimed land in an amount, and by the method recommendcd by an independent soil eugineering and testing company such as American Testing,whom we will retain for this project at our expense. Finally,we have agreed with Mr.Furlang,that if the haul back of the silty sand is approved,that we could reclaim the minera�extraction site to the greatest extent possible aimultaneousl�with our extraction of the sand material. '1'his will result in far less erosion by wi.nd and water, and rainimize the amount of stockpiled maierial on the pmpertY• We hope that this letter provides the City with sufficient information, and that we will be permitted ta commence our operations as soon as possible. Tf you have any questions,please call me. S��iy, . am�s co��G�to�,��. wn L.Dahl � Cc: Mr.Tom Furlang Mr.Ron Amea