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Home My WebLink About9.c. Danner, Inc. Mineral Extraction Permit Renewal CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: April 13, 1999 AGENDA ITEM: Mineral Extraction Permit Renewal: Danner AGENDA SECTION: ��, Consent PREPARED BY: Dan Rogness, Community Development Dir. AGENDA�� .��. � � �! tV �'�' ATTACHMENTS: Plan Reductions, Draft Conditions of APPROVED BY: Operation for 1999; PC Minutes(4-13-99) Applicant&Property Owner: Marlon Danner Location: 1.25 mi. East of STH 52 / 56 and 1/4 mi. South of CSAH 42. Area in Acres: 75 (total) Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Planning Com. Action: Recommendation of approval(unanimous) SUMMARY Mr. Danner has requested the renewal of his mineral extraction permit for 1998. Last year, approximately 75,000 tons were extracted. A similar volume is anticipated for this year. Mr. Danner has participated in the Comprehensive Guide Plan Update process by strongly advocating General Industrial land use designation and zoning for his 75 acres along the south side of CSAH 42,just over one mile east of US 52/56. However, there aze no changes proposed for the current mineral extraction permit. No complaints were received in 1998 as a result of mineral extraction related activities on this property. PLAN1vING COMMISSION PUBLIC HEARING On Apri113, 1999, the Planning Commission conducted a public hearing as required. No one appeared to comment, except for the property owner's representative. The Planning Commission asked if there were any requested changes to the mineral extraction permit. The applicant's representative indicated that no changes were requested. RECOMMENDED ACTION: Motion to approve the renewal of the mineral extraction permit for Danner, Inc., subject to the attached draft conditions of operation for 1999. 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A. Danner Inc., hereinafter referred to as the "Owner" and hereinafter 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 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$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 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 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 County State Aid Highway 42. It shall be the Owner's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses andJor easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department 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 Owner shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the Owner has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at the Owner'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. I. That no topsoil shall be removed from the site and that the 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 Owner. I�. That all costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Owner prior to the issuance of the permit. That the Owner reimburse the City for the cost of periodic inspections by the City 1 Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. That the Owner 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 8:00 p.m., subject, however, to being changed by the City Council. M. That the 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) 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 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 Owner will faithfully comply�vith 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 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 Owner. (5) The surety bond or cash escrow shall remain in effect from January 1, 1999 until June 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. N. That the 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 January 1, 1999 until June 1, 2000. O. 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. P. That 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 Owner shall indemnify the City for all 2 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 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. S. That the 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 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. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). That Danner, Inc., Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. DANNER, INC. BY: er STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledge before me this day of , 1999, by � Owner, on behalf of this Agreement. otary u ic .� 3 � ��`�� '' Planning Commission �� Regular Meeting Minutes Apri113, 1999 Page 6 Public Hearing: PedBituminous Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Bituminous Roadways and Otto Ped 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 Bituminous Roadways for renewal of its mining permit. The original phasing plan was reviewed, along with grading elevations. The operation is nearing completion of the first phase. Approximately 35,000 ton will be extracted in 1999. No complaints have been received regarding this mining operation. Commissioner Klassen confirmed there are no changes to the mining permit and the application is strictly for renewal. Reclamation plans were discussed. Chairperson Droste opened the floor to the Applicant. Mike Jorgenson was present to answer questions. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Klassen, Tentinger,Droste, Shoe-Corrigan, Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the renewal of the mineral extraction permit for the Ped property for 1999 subject to the attached draft conditions of operation. Seconded by Tentinger. Ayes: Tentinger,Droste, Shoe-Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried. Public Hearin�• Danner, Inc. Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Danner, Inc. 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 reviewed the grading plan for the Danner mining operation. Approximately 75,000 ton will be extracted in 1999. Mr. Pearson indicated no complaints have been received concerning this mining operation. Planning Commission �� Regular Meeting Minutes �� Apri113, 1999 Page 7 Commissioner Klassen confirmed there are no changes to the mining permit and the application ' is strictly for renewal. Chairperson Droste opened the floor to the Applicant. A representative from Danner, Inc. explained the current mining activity. � Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Klassen. Ayes: Droste, Shoe- Corrigan, Weisensel,Klassen, and Tentinger. Nays: 0. Motion carried. MOTION by Shoe-Corrigan to recommend that the City Council approve the renewal of the mineral extraction permit for Danner, Inc., subject to the attached draft conditions of operation for 1999. Seconded by Tentinger. Ayes: Shoe-Corrigan, Weisensel, Klassen, Tentinger, and Droste. 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 adjourned at 10:40 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary t