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Home My WebLink About6.n. Danner Mineral Extraction Permit Renewal - CITY OF ROSEMOUNT ` EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: January 21, 1997 AGENDA ITEM: Danner Mineral Extraction Permit Renewal AGENDA SECTION: Consent PREPARED BY: Rick Pearson, Assistant Planner AGEND��A � � A! �_�r� �� ATTACHMENTS: Draft Operating Conditions for 1997;Plan APPROVED BY: Reductions. Applicant: Marlon Danner Location: 1.2 miles east of STH 52/ 56, south of CSAH 42 Property Owner(s) Marlon Danner Area in Acres: 75 (total) Comprehensive Guide Plan Land Use Designation: Agriculture Cunent Zoning: Agriculture Planning Commission Public Hearing Date: 7anuary 14, 1997 Planning Commission Action: Recommendation of approval. SUMMARY Mr. Marlon Danner is requesting the renevval of his mineral extraction permit for the 1997 season. Danner inc. purchased the property since the original permit was granted in 1996. The activity of last year is consistent with the previous estimate 100,000 cubic yaxds per yeax extracted on the permit application. I�' The Planning Department received a complaint from a neighbor late in the summer. Upon investigation, City Staff found that approximately 100 c.y. of manure had been placed in a pit area apparently for burial. In cooperation with the Dakota County of�ce of environmental management, the manure was removed. Mr. Danner indicated that the manure was intended for the farming activity that continues on the balance of the property. Burial is inconsistent with farming practice, however and the conditions of operation for 199'7 will be modified to include a specific prohibition of the burial of manure or other"dirry fill". Secondly, a large amount of material including construction debris with asphalt is being stockpiled apparently intended for crushing for use with an asphalt plant. Staffunderstands that an asphalt plant is not included with the renewal request at this time. It must also be cleax that this material in also unsuitable for burial or fill. As before, a specific prohibition has been included with the revised draft conditions. All enforcement issues have been resolved to the satisfaction of staff at the time of this renewal request. Pernut activity monitoring will have to be increased beyond previous levels to ensure on-going compliance. The Planning Commission conducted a public hearing in 7anuary 14, 1997 with several people in attendance. However, no one spoke in favar or against the permit renewal request. The Planning Commission asked questions regarding enforcement activity and proceedures. �Vith that, the Planning Commission voted unanimously to recotnmend renewal of the mineral extraction permit. RECOMMENDED ACTION: Motion to approve the renewal of the mineral extraction permit for Danner, Inc. Sub'ect to the revised conditions of o eration for 1997. CITY COUNCIL ACTION: . - DRq Mineral Extraction Pernut �r 1997 Conditions For Mineral F.,gtraction Permit Renewal DAI�NER, INC. A. Danner Inc., hereinafter referred to as the "Operator" and Property 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 l, I997 until December 3I, 1997 unless revoked prior to that for failure to comply with the permit requirements. A mining pernnit fee of$300.00 shall be paid to.the City of Rosemount D. That all required pezmits 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 termuiate 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 Operator's resQonsibility to obtain any access pernuts or easernents necessary for ingress and egress. The location o£the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department i£any changes occur relative to the mining process. I G. That 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 Pernnit. After the Operator has received 24- hour verbal notice, the City will camplete or contract to complete the clean-up at the Operator'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 Operator shall take necessary measures to prevent erosion of the stoekpiled 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 Operator. 1997 Mining Permit Danner Page i of 3 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 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 Opezator 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 muung 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 Operator and/or the Owner deposit with the Planning Departrnent a surety bond '' or cash escrow in the amount of Two Thousand Dollars per acre ($2,fl00.00/acre) or active '�, phase in favor of the City for the cost of restoration, regrading and/or revegetating land I disturbed by mining activities in the event of default from this agreement by either the Operator or 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 pexmit holder and the City. (2) Satisfactory to the City Attorney in foxm and substance. (3) Conditioned that the Operator will faithfully comply with all the terms, conditions and requirements of the perrnit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the Public Worlcs Director oz any other City officials. (4) Conditioned that the Operator and 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 praperty through the fault of the Operator. (S) The surety bond or cash escrow shall remain in effect from January 1,1997 until January 1, 1999. Upon thirty (30) days notice to the pernut holder and surety company, the City may zeduce or increase the amount of the bond or cash escrow during the term of this pernut in order to insure that the City is adequately protected. N. That 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/I00 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability'vn 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 occuzrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 1997 until June 1, 1998. O, The storage of equipinent (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 forni or hazardous materials within the pit shall be strictly prohibited. ' P. That the Operator and the Uwner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit That the Qperator and the Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attomey's fees which the City may pay or incur in consequence of such claims. Q That 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. R Complete mining and reclamation is required in all phases before any additionaT mu►ing is ve in writin to authorized. Moclifications or expansion of the mining areas must be appro d g the City. S. 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. v oun Soil and Water Consexvation District T. The Operator must ha e a copy of the Dakota C ty mi�ning 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 o£the entire stockpile of topsoil to the mined area, reseeding and mulching necessary to re-establish vegetative cover£or permanent slope ion con ol rovi d also that the minimum de th of to soil shall not stabilization and eros tr , p de p p o es ma exceed a adient of 25% be less than two inches after reclamation. No restored sl p y gr or four to 1 (4:1). That Danner, Inc., Operator,and Property O�wner, hereby consent and agree to the foregoiung conditions of said mining permit By: Date: Operator and Property Owner IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. DANNER, iNC. BY: Its STATE OF MINNESOTA � SS COUNTY OF DAI�OTA ) The fore oing instnunent was acknowledge before rne this day of , 19�6, by , Property Owner an , perator, on e a o s greement. otary u c . i �,'i e� tr,..� �� "_i—= � , -, .��,.� �:�.._ f�---�-''+J� �j• �� ' ,. % „ �- ,� ,/ _ `- �, -� a� �. ,. �/�� / � ��`� ."' . . ,��° �.�_ , � --� ,f�:�;�:.,. / �� ., :. : : , , � .. � ,. � . �,J,�..,..�.,,._ ,�� / �,� .. . � � � � . �� ` .� � /./� , �: �� .; , : : �; � ! - �- �_�,.__ _+_�._..-. _ . .' • �/ � �t�.�-- ------ _.��.� -...�...�._..��E .;; �., � -�'-- � . � ►�� . � . �� I / � 1�EV F� � � � \ .�� ; � ,._.�,� , �r ■;...:�� I , ►�' , . �11�1�� - � � �� ► � ��i��.. . ,, �� • � II�� , � / � ;\\�� _ 1 �� I �� a 1�:, ,� _ , . , � ,�., . � � �� a '�t � ''�f1�i� ;� , � � ,� �1 I ��, � �, 1��1�i �� 1 : � I1 /, �� ' `` :, �,1j1�1 � � � ,•r, ��1�� I��► % �I \�: 1 �c�- –�.—�'' �:..�,�� =, i ' �.� ..�-'�""".i- �'�►,.�..;�,i►+`�r.�r..� � � -'�__ "'�'-��'!�_��'��!""",._""""'s�."'��ii��r � � �� ► , ��i►�.-.��.�� _ ��ar��u�� ■\�.\\\\\��:�\��\\\\�l:�\\\\\�\��:��:.��'��a�.��a��a��a��.� r� ..-,�'"'!�"... ; / � 1 !