HomeMy WebLinkAbout9.b. Bituminous Roadways, Inc. Mineral Extraction Permit Renewal CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: Apri120, 1999
AGENDA ITEM: Ped/Bituminous Roadways Mineral AGENDA SECTION:
Extraction Permit Renewal Consent
PREPARED BY: Dan Rogness, Community Development Dir. A�END � � �
F `��� ��
ATTACHMENTS: Draft Operating Conditions for 1999, APPROVED BY:
Conespondence, Topography,Phasing plan,
Draft(4-13-99)PC minutes
Applicant: Mike Jorgenson of Bituminous Roadways,Inc.
Location: 1.5 miles east of US 52/STH 56, south of CSAH 42
Property Owner(s): Otto Ped
Area in Acres: 39 total
Comp. Guide Plan Desig: Agriculture
Current Zoning: Agriculture
Planning Com. Action: Unanimous Recommendation of Approval
SUMMARY
Mr. Otto Ped (owner) and Mike Jorgenson(operator) are requesting the renewal of the mineral extraction permit
for the current phase of operations for 1999. 55,875 tons of materials were extracted from the site in 1998. An
estimated 35,000 tons will be extracted in 1999. The reason for the lower number is that a large amount of
crushed material was removed from a stock pile on the site last year. The stock pile had been built up over
several years. Rock will be set aside, anticipating crushing next year. The quantities reflect loads being
removed from the site, rather than being excavated.
To date, no complaints have been received regarding this mineral extraction permit.
PLANNING COMMISSION PUBLIC HEARING
On April 13, 1999, the Planning Commission conducted a public hearing as required. No one appeared for
comments other than Mike Jorgenson of Bituminous Roadways (operator). Mike stated that the pit is nearing
the end of the first phase and that his background as an agronomist is an asset in the planned restoration of the
pit area. The Planning Commissioners asked for and received assurances that there were no changes requested
as part of the permit renewal.
RECOMMENDED ACTION:
Motion to renew the mineral extraction permit for the Ped property for 1999 subject to the attached draft
conditions of operation.
CITY COUNCIL ACTION:
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DRAFT
Mineral Extraction Permit
1999 Conditions For Mineral Extraction Permit Renewal
BITUNIINOUS ROADWAYS� INC.
A. Bituminous Roadways, Inc. (hereinafter the "Operator") shall sign a written consent to
these conditions binding itself and its successors and assigns to the conditions of this
permit. Otto A. Ped (hereinafter the "Owner") shall sign a written acknowledgment and
consent to these conditions and to issuance of this pernut in the form set forth at the end of
these conditions.
B. This permit is granted for the area designated as Phase 1, on Exhibit A which is attached
hereto as one of the exhibits dated December 14, 1989 and revised on March 4, 1998.
C. The term of the permit shall extend from May 1, 1999 until December 31, 1999 unless
revoked prior to that for failure to comply with the pernut 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 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 pemut.
E. The final grading for the permit area shall be completed in accordance with 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 shall enter and exit the mining area from County State Aid Highway 42
(CSAH 42) from the location shown on Exhibit A and the designated truck route to (and
from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH
52 to the City boundary. It shall be the Operator's responsibility to obtain easements 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. A gate must be placed at the driveway entrance that shall be secured after hours.
H. 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-
1999 Mining Permit
Bituminous Roadways,Inc./Otto A.Ped
Page 1 of 5
hour verbal notice, the City will complete or contract to complete the clean-up at the
Operator's expense.
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 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.
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
operator.
L. 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.
M. 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
N. The Operator 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 and to assure compliance with these conditions by the Operator. 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 off'icials.
(4) Conditioned that the Operator 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 May 1, 1999 until June 30,
2000.
1999 Mining Permit
Bituminous Roadways,Inc./Otto A.Ped
2 Page 2 of 5
i
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.
O. 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
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 May 1, 1999 until June 30, 2000.
P. 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 at which time such
activities will be enclosed with cyclone fencing, or as approved by City staff, and provided
that the fencing is properly maintained.
Q. 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.
R. 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.
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. 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 two inches after reclamation. No restored slopes may exceed a gradient of
25% or four to 1 (4:1).
1999 Mining Permit
Bituminous Roadways,Inc./Otto A.Ped
3 Page 3 of 5
W. The Operator must show how materials stockpiled for recycling will be processed and
inform the City of all stockpiled materials.
X. All recycling must be completed with the completion of the current phase. No recycling
processes shall be allowed to continue into subsequent phases.
Otto A. Ped, a Minnesota resident and owner of the property for which this permit is issued,
hereby consents and agrees to the issuance of a mineral extraction permit for said property and
to the imposition of the foregoing conditions. Owner further agrees and consents to entry onto
said property by the City, its officers, agents, contractors and employees and by the surety of
the bond issued in accordance with paragraph N, its officers, agents, contractors and employees
to take any action deemed necessary by the City to enforce and assure compliance with the
conditions of this permit and law. Owner further agrees that he will not bring any claims or
legal actions against the City, its officers, agents, contractors or employees for damages arising
out of issuance of this permit or administration or enforcement by the City of the conditions of
this permit or of law. The foregoing agreements of Owner shall run with the land of said
property and shall bind the Owner, his heirs, successors and assigns.
By:
Otto A. Ped
That KENT PETERSON, Vice President for Bituminous Roadways, Inc., 2825 Cedar Avenue
South, Minneapolis, Minnesota, the pit operator, hereby consents and agrees to the foregoing
conditions of said mining permit.
Bituminous Roadways, Inc.
By:
Kent Peterson
Its: Vice President
1999 Mining Permit
Bituminous Roadways,Inc./Otto A.Ped
4 Page 4 of 5
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1999 by Otto A. Ped, Minnesota resident and property owner.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1999 by Kent Peterson, Vice President for Bituminous Roadways, Inc., 2825 Cedar Avenue
South, Minneapolis, Minnesota, mining pit operator.
Notary Public
1999 Mining Pernut
Bituminous Roadways.Inc./Otto A.Ped
5 Page 5 of 5
BITUMINOUS ROADWAYS, INC.
9050 JEFFERSON TRAIL WEST / INVER GROVE HEIGHTS, MN 55077 / PHONE(612)686-7001
March 18, 1999
Mr. Richard Pearson
Ciry of Rosemount
2875 145� Street West
Rosemount,MN 55068-0510
Re: Mineral Extraction Permit for Ped Property
Dear Mr. Pearson:
We are hereby requestmg that the Mineral Extraction Permit be renewed regarding this
property. I have enclosed the completed permit application with required attachments.
Please note that we had the area ro-surveyed 'm 1999. The updated topographic map
indicates the changes to Phase 1 of the site.
In 1998 we extracted 55,875 tons of sand and aggregate on this site. In 1999,we project
to utilize approximately 35,000 tons.
If you have any questions or need more detail on any of this application please call me at
651-687-9375. Thank you for your time.
Sincerely
/'�z,
Mike Jorgenson
Staff Agronomist
Affirmative Action Employer / Contractor
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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. Peazson presented the request by Bituminous Roadways for renewal of its mining permit.
T'he 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 Hearing: 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
�davit 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.