The URL can be used to link to this page

Home My WebLink About6.m. Cemstone, Inc. Mineral Extraction Permit Renewal • CITY OF ROSEMOUNT ' EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: January 21, 1997 AGENDA ITEM: Cemstone, Inc., Mineral Extraction Permit AGENDA SECTION: Renewal Consent PREPARED BY: Rick Pearson, Assistant Planner AGENDA�P�Q-� � � � 1 1 t�� ATTACHMENTS: Draft 1997 Operating Canditions, Plan APPROVED BY: Reductions. Applicant: Scott Stodola, Cemstone,Inc. Location: West side of Fischer Ave., 1/4 mile south of TH 55. Property Owner(s): Tom Furlong , Area in Acres: 35(total) Comp. Guide Plan Designation: Agriculture Current Zaning: Agriculture Planning Com. Public Hearing Date: January 14, 1997. Planning Commission Action: Recommendation of Approval (unanimous) SUMMARY Cemstone, Inc. acquired a mineral extraction permit for this properry last year which included a sorting and washing of aggregate materials. However, Cemstone did not conduct any mining ar related activity during the season, but is now requesting renewal of the mineral extraction permit with the expectation of commencing activity this year. Any activity occurring onsite during 1996 was by the property owner, Tom Furlong. Planning Staff will recommend that the permit be renewed with one modification: that the mining/grading plan should be modified to preserve the tree stand along the Fischer Avenue frontage across from the farmstead. This was discussed last year, but will now be specifically addressed in the operating conditions. On January 14, 1997, the Planning Commission conducted a public hearing regarding the requested renewaL With the exception of the property owner, no one was present for comment. Subsequently, the Planning Commission unanimously adopted a motion to recommend approval of the renewal. RECOMMENDED ACTION: Motion to approve the renewal of the mineral extraction pernut for Cemstone, Inc. Including sorting and washing of aggregate material on the property owned by Tom Furlong subject to the attached conditions of operation for 1997. CITY COUNCIL ACTION: DRA�"r: 118/97 Mineral Extraction Permit 1997 Conditions For Mineral Extraction Permit CEMSTONE, Irrc. A. Cemstone, Inc., hereinafter referred to as "the operator" and Tom Furlong, property owner and hereinafter referred to as "owner", sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit. B. Thax 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 7anuary l, 1997 until December 31, 1997 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 perrnits 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 sha11 be grounds for the City to terminate said mining permit. E. That the final grading for the permit area shall be completed in accorda.nce with the atta.ched grading plan la.belled Exhibit B, or as approved by the City Engineer, and any I other conditions as may be imposed by the City from time to time. ', F. The grading plan, Exhibit B shall be revised to exclude all trees along Fischer Avenue. No ' grading shall oecur within the drip zone or beneath the spread of brauches of any tree. G. All gravel trucks and other mining related traffic shall enter and exit the mining area from Fischer Avenue. It shall be the Operator'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 Depaztment of Transportation if applicable or if any changes occur relative to the mining pmcess. H. That a plan for dust control shall be submitted to and subject to approvat by the City. The Operator shall clean dirt and debris from streets tha.t has resulted from extraction or hauling �'- operations related to the Mineral Extraction Permit. After the Operaxor has received 24- hour verbal notice, the City will complete or contract to complete the clean-up at the Developer's expense. I. 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. 1996 Mining Pe�mit CemstonelFu�tong Page l of 4 J. That no topsoil shall be removed from the site and that the Operator shall take necessazy � 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 lunited to pipelines, transmission structures and sewer infrastructure located within the pemut area shall be the sole obligation and expense of the operator. L. That all eosts of processing the pemnit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior ta 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 puipose 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. That the da.ily 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. N. That the Operator and/or the Owner deposit with the Planning Department a surety hond or , cash escrow in the amount of Two Thousand Dollars per acre ($2,000.00/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 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) da.ys written notice to the permit holder and the City, (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Opera.tor will faithfully comply with all the terms, conditians and . requirements of the permit; all rules, regula.tions 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 Operator and the Owner will secure the City and its officers harniless 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 7anuary 1, 1997 unti.l7uly 1, 1998. Upon thirty (30) days notice to the permit hoider and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this perrnit in order to insure that the Ciry is adequately protected. t996 Mining Permit CemstoneJFuriong Page 2 of 4 O. That the Operator fumishes a certificate of comprehensive general lia6ility insurauce issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/1U0 ($500,000.00) Dollars for injury or death of any one person in any one occurnence, bodily injury liability in an amount of at least One Million and no/100 ($1,000,000.00) Dollars and damage liability in an aznount 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 7anuary 1, 1997 until July l, 1998. P. The accessory aggregate sorting and washing plant shall be enclosed by a temporary fence. In addition, the northem perimeter shall also be fenced. Q. That 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. 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. S. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansian of the mirung areas must be approved in writing to the City. T. That the Operator shall incorporate best management practices for controlling emsion 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. �I V. Reclamation requires the replacement of the entire stockpile of topsoil to the mined area., reseeding and mulching necessary to re-establish vegeta.tive cover for permanent slope i stabilization and erosion control, pmvided also that the minumum depth of topsoil shall not I be less than two inches after reclamation. No restored slopes may exceed a gradient of ', 25% or four to 1 (4:1). ' W. The Operator shall provide an escrvw of$5,000.00 as a security to ensure that Fischer Avenue will be resurfaced with one hundred percent (100%) crushed Class 2 following the removal of the accessory aggregate sorting and waslung plant. The escrow may be replaced by another form of security acceptable to the Ciry Administrator. 1996 Mining Permit Cemstone/Furlong Page 3 of 4 r X. Fisher Avenue shall be continuously maintained and bladed at the end of'each day and kept open to traffic. That Cemstone, Inc., operator, and Tom Furlong, pmperty vwner, hereby consent and agree to the foregoing conditions of said mining permit. Date: By: Property Owner Date: By: Operator STATE OF MINNESDTA ) ) ss COIJNTY OF DAKOTA ) ' The foregoing instrument was acknowledged before me this day of ', , 1996, bY , ProPertY Owner and � �� Operaxor, on behalf of this Agreement. '', Notary Public . , 1996 Mining Permit CemsWnelFurlong Page 4 of 4 �� v a�Nsi.� t �_ � � ( ,' ; .�... . � t j �ppN.a».__-•--�—�a • . , , , M j�! . • ' ��. . ' • . ` ., ,� �� _ _ � • �� _ - - _ � ��J_��r _ �_� •_ ` .oe—��...�i c..� v �;�,;�._4. _ �S_. . _. . -••.i= r � � — .� .-s / � . t�. ��':-� �"^�7•�'t"''^. � - '.. � - \� \ ) /.. . . / . . , � . . � / / . / ! � . _ _ \;�,\1 �� . . . � I �f.11tl � i \ r t � • �� . ��j1', � I � , � I' �; . _. ' •' ' I-"l�'ll/�� / / 1�.. J / .,-� � ' f ♦t f, �.�..�....�... , i � �� J�// / . �,�r �///�� ! �/ r � ��_1 � a 1 1 / ♦:. �/ / o � i 1 � � � ✓� .'y �/�� • y I � : �� / � `� �' • � , � � � � i i ��:i i� / i�' � / i� �� ' • � � ; 1 � � /�� // /� / � �� 1 � � � � � 1 . � i � .'� �� 1 2 • l •! � � / '' "~'' ,, tl � � ��t � / � :♦ � � 1 � 1 � � ! � l . i �-' • • / � / , —�� 1 \' :1- �� / � ♦ �� / / � \ �1� 1� / � / � � , r ' � / 1 1 / �'•( � / � / � i .l �� ' � �i � � \ � ! �1 ��:�, � / � �f' ��1;!�/ /� �� J � :" /�• ; / � l � �• • �' 1 �'.;r � �'�� /r �� ( � / � f � � 1 . . / � � � '1��\ .�.1� �i . �'.�:'�.f+�%/� � ' / � � .I , . + 1 1 a i :.,/ 1 � - a . • / . � 1 � � �„� � :/ '� �� 'h� J � � �'", ii� � ��/��, � ,1 � i f �� •- . ' � fl . t t . � i� 1� � � ,� ' y " �. � � , r. � • 1^� r , . ..-r � . � � f !� �1 � / \ I I / �./ �".� r�. . ,�'�' � J / J � . ' � � . . , . � . ♦ . r� r� .� .� . � . , i f ► � , , , ; , � � , �, „ � , , . . . �, � , I I ! r l~ � /� ♦ 1 / � 4 1 i� � �' � � P� / 1 . . i . . . 1 , i/ � ( l � ♦ s �• 1 � � � .� ! r � /�� i • . . . •� �' � • � ! t 1 i', �. i \ I � � t`� i �, 1 . � � `� � \� �`.t � � `�• ��' �� / �� ,�i /. '� // l�� / �� ;� y'� . 1 � � •r� ; � .. � ,� � i . . \. _ � � � � , , , � ��- . � ;� . . , , . . , .' • " i ; . ,� :,� , ,.. ' ' � � \ � � �i di I � / � . ' � . j' � � J 1 . � , � � �� ,�• '/�'/ , , � ,! �t . � .�� ' _ � . . '' � . ' ; ,`` � , ��,� �`,� �;�� Ir '. i i, � � 'r;!� ;i � � � ! ' � I ,� ` � � ' � � 1` . � . r 'J � � � , �� ,�� 1� ' � .. .` �` ,` .Iy ��, � i 'e i';r'�j'� , '�` . `� ' . . ,� � ' . . �\�, �� _ ` ,j, I ; :, ` .�, 1 t11�.\'i .. \~T ,I !I r � � `` ,�' � . II,►l��l: , .� � � 1 : ( 1 � � ► tl r�f ..\ � i _ �l�rf�, , �� . / \ � � � i ��tl � ► 1 � • �//,�,�; d � , • r i r � I � 1 � r ° � t � ii � � ' t � • � �� ` �� i��• � : ` � � � • j ^�r��r ! • � ` � . • �; . \ i � , ♦ ' . � � i , /}.�i ! - � �� i 1� � �t '� � �� r , � ._� r\ • �j , ..\` `t �1^ ' t \�, �' �r,..:�.�I�".�'„�,:�;,.+��,r�J.��.�..a._ ._. �. . _....�.�t..__._.. t • ' '� � I .. ..__ .�.. �- �- .�� . •-..._--•��_=g�-...._..� [. .__LL.._. r_.._..._i''.�__ ..... ...._...__..�..._ ..__....�:�._�_.•_� �a.�_ �--� ' 1 l..L\_ .11. • , t f 1 ' . , 1 . . ' � • , ; . . . ' � . • • . . ' ' . ' ' ' • i ' . III� I . • ..