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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