HomeMy WebLinkAbout2.b. Mineral Extraction Permit (Lance Johnson) CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE
DATE: January 13, 1999
AGENDA ITEM: Lance Johnson Mineral Extraction Permit AGENDA NO.
Renewal for 1999
a.� �
PREPARED BY: Rick Pearson, City Planner
ATTAC�IMENTS: Draft 1999 Conditions of Operation I�.
J
The proposed 1999 conditions of operation for the Lance Johnson property have been modified
in response to concerns identified at the December 15, 1998 City Council Meeting. The primary
modification involves recycling of concrete rubble. A restriction creating a proportionate limit to
the amount of recycling materials to 25% of the area of the active phase of the extraction process
is the approach taken. I have been in contact with Scott Spisak of Shafer Contracting to discuss
this issue. However, his response was not ready in time for this revision.
Other revisions to the permit include an increase of the amount of security from $3,000 to
$5,000 per acre and additional specificity for the topsoil restoration requirements. New
language has been underlined and that which is to be replaced is lined out.
If the Council is satisfied with the revised 1999 conditions of operation, then this item will be
included on the next Council meeting agenda.
RECOMMENDED ACTION:
COUNCIL ACTION:
Mineral E�rtraction Permit
1999 Conditions For Mineral Extraction Permit Renewal ' '
LarrcE J. Jo�nvsorr
A. That Lance J. Johnson(hereinafter"the Property Owner") signs a written consent to these
conditions binding himself and his 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 which is attached
hereto as one of the exhibits.
C. That 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$300.00 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 pernut area shall be completed in accordance with the attached
grading plan labeled Exhibit B, 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 via access easement over property owned by Koch Refining Company
adjacent to the northerly boundary of the South Half of Section 14,Township 115N,Range
19W, Dakota County,Minnesota. 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.
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. Topsoil shall be provided to a minimum
depth of four(41 inches and shall be consistent with city specifications for all restored phases.
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
1999 Mining Permit
Lance J.Johnson
Page 2 of 4
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 pernut.
L. 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.
M. That the Property Owner deposit with the it 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.
(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 haimless
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, 1999 until July
30, 2000.
Upon thirty(30) days notice to the pernut 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 tkle 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)Dollazs 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)Dollazs and damage liability in an amount of at least Two Hundred Fifty
1999 Mining Permit
Lance J.Johnson
Page 3 of 4
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, 1998 until March 24, 2000.
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 or wash plants shall require
additional City Council approval as a modification of the a�proved gradin�plan. and
notification of adjacent property owners,
P. That the Property Owner shall hold the City hannless 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.
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 four 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. The area of stocicpiled material shall not exceed
2 25 acres (which is 25% of the area of the currentiv nermitted phase-currently 9 acres of the
mineral extraction�rocess) No stocic�led or imported material may be buried within the
�ermit area exce�t to�soil in conformance with�arag�raph U.
1999 Mining Permit
Lance 7.Johnson
Page 4 of 4
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 furnish proof of compliance with the requirements of Minn. Stat.
§29$.75,the gravel tax,prior to commencing mineral extraction activity.
IN WITNESS WHEREOF, Lance J. Johnson, the Property Owner, hereby consents
and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this
day of , 1998.
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of December,
1998,by Lance J. Johnson, the Property Owner.
otary u ic