HomeMy WebLinkAbout6.j. Minera Extraction Permit Renewal Bituminous Roadways .
'" CITY OF ROSEMOUNT
EXECUTNE SUMMARY FOR ACTION
City Council Meeting Date: May 20, 1997
AGENDA ITEM: Mineral Extraction Permit renewal: AGENDA SECTION:
Otto Ped, property owner; Bituminous Consent
Roadways, current operator
PREPARED BY: Dan Rogness, Community Development AGENDA NO.
Director !TE:� # � �
ATTACHMENTS: Application; Phasing plan/Grading sketch, APPROVED BY:
Draft Conditions of Operation for 1997
Applicant: Bituminous Roadways- Gregg Dambroten
Location: 4992 145th Street East(approximately 1.5 miles east of STH 52/ 55 on
the south side)
Property Owner(s) Otto Ped(west 80 acres); Grace Kuznia(east 80 acres)
Area in Acres: Cunent phase- 15 acres, 39 acres overall total
Comp. Guide Plan Land Use Desig.: Agriculture
Current Zoning: Agriculture
Planning Commission Action: Recommendation for renewal
SUMMARY
Mr. Gregg Dambroten of Bituminous Roadways, Inc. has requested the renewal of the mineral extraction permit
for the sand and gravel operation located on Otto Ped's property 1.5 miles east of STH 52/56 on the south side.
This operation has been ongoing for about four years, although at a relatively slow pace. Last year, 10,700 cubic
yards of sand was extracted from the site which is a small amount given the expectation of a total of 1,000,000
yards to be extracted over a ten year period. Mr. Dambroten expects the 1997 yield to be similar. The renewal
request originally included a wash plant to be operated by Eureka Sand and Gravel (E. S.& G.). This
arrangement did not materialize and therefore, has been dropped for the present.
Mr. Ped has indicated that he would like the pace to increase and has discussed the possibility of E. S. & G. from
Lakeville taking over responsibility for the pit operations. At this time, any modification of the permit will
require a new public heaxing and E. S. & G. is apparently no longer in the picture.
No complaints have been received regarding the 1996 period of operation by the Planning Department.
On May 13, 1997, the Planning Commission conducted a public hearing and adopted a unanimous motion to
recommend approval of the permit renewal after receiving no comment from the public.
RECOMMENDED ACTION: Motion to renew the mineral extraction permit for the Ped property
sub'ect to conditions of o eration for 1997 as ma be modified.
CITY COUNCIL ACTION:
�
Ntineral Extraction Permit
1997 Conditions For Mineral Extraction Permit Renewal
BITUMINOUS ROADWAYS, INC.
A That Otto A Ped (hereinafter "the Property Owner") and Bituminous Roadways, Inc.
(hereinafter"the Operator") sign a written consent to these conditions binding itself and its
successors or assigns to the conditions of said pemut.
B. That 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 19, 1989 and revised on January 10, 1994.
p C. That the term of the perrnit shall extend from May l, 1997 until December 31, 1997 unless
�� revoked prior to that for failure to comply with the pernut requirements. A mining permit fee
of$300.00 sha11 be paid to the City of Rosemount.
� • � D. That all required pernuts 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 permit.
E. That 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 I-i'ighway 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. 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 &om extraction or hauling
operations related to the Mineral Extraction Pernut. After the Ope�ator has received 24-hour
verbal notice, the City wilt complete or contract to complete the clean-up at the Operator'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.
..
e
J. That 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 stocicpiled topsoil
shall be indicated on Exhibit A the Phasing Plan.
K. Any costs incurred now oc 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. 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 Operator agrees to reimburse the City for any other costs
incurred as a result of the granting or enforcin�of the pernut. -
M. That 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. That the Operator and/or the Owner deposit with the Planning Department a surety bond or
cash escrow in the amount of and Dollars per acre(�3,000.00/acre) or active
phase in favor of the City for the cost of r s oration, regrading and/or revegetating land
disturbed by mining activities in the event of default from this agreement by either the
Operator or the Owners. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State
of NI'innesota with the right of the surety company to cancel the same upon thirry(30j
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 pernut; all rules, regulations and requirements pursuant to the pernut
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 ha,rmless
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, 1997 until June 30,
1998.
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 pernut in order to
insure that the City is adequately protected.
O. 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/100 ($500,000.00) Dollars for injury or death of any
2
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one persan in any one occurrence, bodily injury liability in an amount of at least One Million
and no1100 ($1,000,000.00)Dollars and damage Gability in an amount of at least Two
Hundred Fifly Thousand and no/100 ($250,000.00)Dollars arising out of any one occurrence.
The policy of insurance shall name the City as an additional insured and shall remain in effect
from May 1, 1997 until June 30, 1998.
P. That no processing or mixing of materials shall occur on the site and construction of any
ponding areas or wash plants shall require additional City Council approval and norification of
adjacent property owners, except as approved by the Dakota County Environmental Health
Department as incidental to a sand and gravel mining operation at which time such activities
will be enclosed with cyclone fencing, or as approved by City sta$ and provided that the
fencing is properly maintained.
Q. That the Operator and the Owner shall hold the City harmless from all ciaims or causes of
action that may result from the�anting 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 sha11 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. 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.
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 sha11 not 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 must show how materials stockpiled for recycling will be process 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.
3
�
i
. 'That pTTp p,pED, a Nrnnesata resident and property owner, hereby consents and agrees to
the foregoing conditions of said mining permit.
sy:
'That ICENr pETERsoN, Vice President for Bituminous Roadways, Inc., 2825 Cedar Avenue
South,Mumeapolis, ll�nnesota, the pit operator, hereby consents and agrees to the foregoing
conditions of said mining permit
By:
STATE OF MINNESOTA )
)�
COUNTY OF )
The foregoing instrument was aclrnowledged before me this day of , 1997 by
� Otto A Ped,ll�innesota resident and property owner.
Notary Public
STATE OF MINNESOTA )
��
COUNTY OF )
The foregoing instrumern was acknowledged before me this day of . 1997 by
Kent Peterson, vice President for Bituminous Roadways, Inc., 2825 Cedar Avenue South,
Minneapolis, lV�innesota, mining pit operator.
Notary Public
4 I
. -
Mineral Extraction Permit
1997 Conditions For Mineral Extraction Permit Renewal
BITUMINOUS ROADWAYS, INC.
A• That Otto A. Ped (hereinafter "the Property Owner") and Bituminous Roadways, Inc.
(hereinafter "the Operator") sign a written consent to these conditions binding itself and its
successors or assigns to the conditions of said permit.
B. That this pernut is granted for the azea designated as Phase 1, on Exhibit A which is attac
hereto as one of the exhibits dated December 19, 1989 and revised on January 10, 1994, hed
C. That the term of the permit shall e�ctend from May 1, 1997 until December 31 1997
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 pernuts from the State of Minnesota, County of Dakota and City of
Rosemount (hereinaf}er "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 pernuts required under this paragraph shall be grounds for the City to
terminate said mining permit.
E• That the final grading for the permit area sha11 be completed in accordance with E�i '
as approved by the city engineer, and any other conditions as may be imposed by the City om
time to time.
F� A11 gravel trucks shall enter and exit the mining area from County State Aid Hi hwa 4
(CSAH 42)from the location shown on Exhibit A and the designated truck ro�e to (and
from)the site sha11 be CSAH 42, west to State Trunk I-�igh�,ti,ay 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 sha11
be subject to approval by the City, as well as the Count Hi
Minnesota Department of Transportation if applicable or if any changes occur relati e to the
mining process.
G• A gate must be placed at the driveway entrance that shall be secured after hours.
H. That a plan for dust control shall be submitted to and subject to approval by the Cit . The
Operator sha11 clean dirt and debris from streets that has resulted from extraction o hauling
operations related to the Mineral Extr a c t i o n P e r m i t. A ft e r t he Operator has received 24-hour
verbal notice, the City will complete or contract to complete the clean-up at the Operator'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.
.
J. That no topsoil shall be removed from the site and tiat trhhe ocation of het ockp'ileds P��
measures to prevent erosion of the stockpiled topso
shall be indicated on Exhibit A the Phasin8 P1an•
I{, Any costs incurred now or in the future in changing
the location of existing public or private
utilities including but not limited to pipelines, transmi i n and e pense of the opera ort��re
located within the permit area shall be the sole obhgat
L. 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 th�ions b the C ty Pub c Worksthe
Operator reimburse the City for the cost of penodic rospec Y
Director or any other City employee for the purpose of ine the Cit afo�any o he�c stspe�t
are being satisfied. O f he heanpng o�enfo c g of he permit. y
incuned as a result �
M. That the daily hours of operation for the mining area sha11 be limited to 7:00 a.m. to 7:00 p.m.,
subject, however,to being changed by the City Council.
N. That the Op
erator and/or the Owner deposit with the Planning Department re or ab�ve °r
cash escrow in the amount of Two Thou=and�D�lo�s e�ad ng an3d/oo eoegetating land
phase in favor of the City for the cost of eement b either the
disturbed by mining activities in the event of default from this agr Y
Operator or the Owners. The required surety bonds must be: do business in the State
(1) With good and sufficient surety by a surety company authonzed to
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.
Conditioned that the Operator will faithfully comply with all the termrsuan ttol�he p�t
(3) requirements of the permit; all�11 reasonable req�re ent of the Public Works Director
and as required by the Crty and a1
or any other City officials.
(4) Conditioned that the Operator and the Owner will seCounc 1 orlan City officer mahy b ess
against any and all claims, or for which the Crty,the the fault of
made liable by reason of any accident or injury to persons or property through
the Operator.
(5) The surety bond or cash escrow shall remain in effect from May 1, 1997 until June 30,
1998.
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.
Q. That the Operator furnishes a certificate of comprehensive�geountlof atlleast Five Hund ed by
insurers duly licensed wrthin the State of Minnesota m an
Thousand and no/100 ($500,000.00)Dollars for injury or death of any
2
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 Fifly Thousand and no/100 ($250,000.00)Dollazs 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, 1997 until June 30, 1998.
P. That 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 Heatth
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. 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 pernut. 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 ail phases before any additional mining is
authorized. Modifications or expansion of the mining areas must be approved in writing to the
City.
T. That the Operator sha11 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 sha11 not 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 must show how materials stockpiled for recycling will be process and inform the
City of a11 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.
3
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That OTTo A.P�, a Minnesota resident and property owner, hereby consents and agrees to
the foregoing conditions of said mining permit.
By:
That KENr pE'rEltsoN, Vice President for Bituminous Roadways, Inc., 2825 Cedar Avenue
. South,Minneapofis,Minnesota,the pit operator, hereby consents and agrees to the foregoing
conditions of said mining permit.
By:
STATE OF MINNESOTA �
)SS
COUNTY OF �
The foregoing instrument was acknowledged before me this day of , 1997 by
Otto A. Ped, Minnesota resident and property owner.
.�-�a�
Notary Public
STATE OF MINNESOTA )
)SS
COUNTY OF �
The foregoing instrument was acknowledged before me this day of , 1997 by
Kent Peterson, Vice President for Bituminous Roadways,Inc., 2825 Cedar Avenue South,
Minneapolis,Iv1'innesota, mining pit operator.
Notary Public
4
s ��
BITUMINOUS ROADWAYS, INC.
9050 JEFFERSON TRAIL WEST ' INVER GROVE HEIGHTS, MN 55077 i PHONE(612)686-7001
Apri12, 1997
Mr. Richard Pearson
Assistant Planner
City of Rosemount
2875 145th Street West
Rosemount, Minnesota 55068-0510
Re: Mineral Extraction Permit Renewal for Ped Property
Dear Mr. Pearson:
We are hereby requesting that the Mineral Extraction Permit be renewed re ardi
property. I have enclosed the completed permit appiication . Also enclosed is Exhibits
A which may be helpful in expediting this permitting process.
In 1996, we extracted 10,700 cubic yards of screened sand. We estimate 1997 to be
comparable. This 1997 mineral extraction will only effect the Ped Property. The
Kuznia Property will remain untouched.
Thank you for your time. Please call me with any questions at 686-7001.
Sincerely,
� ��
/.�. f � ,, � �._. _
�
Gregg Dambroten
Project Manager
GD:,ql,g:13397
Enclosures
Affirmative Action Employer/Contractor
P.� � �
f�R 14 '97 15�03 �IT'f OF ROSEt'�01JNT� P��: :�r
-� - G ZO�• °J pste o1 lssuc: ��
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'�j�G�,�Jo�l ! E E' op, °t7 ExP�tl°n Oate-
NK� PE���EE � � �
�� 3�� l��L.+E
wa,-rrr 8�'° ' .�' . �crr of Ros�ouNz lication
• esai Ext�a�''on Perm�{ APP
M��
Inc. gei hCs.KN 550�� anet
Biruminous Roadwa�s• e
Wesc. Lnver Grove
App1K��= fferson Trail --
9050 Je _ �i
p�dt�5s:_ h � o u in
- - � �n Roadways, Inc-
gituminous r,JesC
ps g� ��P N�� Jefferson T=al�'"
9050 �
0 t e o P ed p�drAss: � S �
jy�e: SCreec Easc Ve Hei hc p
4994 1�SCh Inver Gro e
Addt�ss- (61 Z) 6 86-�001 _._..----'-
*�IN 5�0 6 8 P ��,.+�-
Rosemounc. � phane Nus��r---"-"'�
(612) '�37-4615
p�Numl�er• ti+�1l�litR�ttfi*fi=7tylf1tt7lHrtltYtMf}yfR�ff�w
.+!*+ b�zd
s***"*' e:�tracted will
�*,.tr.*ie+*tisyrir+ 5 bein
*�.•,K*+**"" Ma t e r i a 1
•"*'•'••�• �on. (Describe in Detain � ma c e r i a 1 s
•ssss�wtysl�tis�ie � and UC111Z1L1
putpose at���tian JE� . � � S a 1 e s,
to Bituminous Roadwavs
ora� � ° rocessin and • yy�„1---�
This consists of p
existing operations.
" 1 `�..�.-�
Some materia
in as halt roduction•
•*�li�+eat:ltirf***.*r•�.+r:trui�•
ro'ects•
construcCion ���yt*...•*
*s�fi�i fi i
vation Siie �, �ss-,s,�—
.,.�•�*_-..*.,...y-�1r�to�ma��ri � ��a a =
•as.�ir�tittr*tyttf�+tl,k*tttir+t proQe�t and E 75 � � 3 -02 .
W 87�; Acres of SE '� r
tiega!Oes�riPtian: Ov e r N o r th 5� �,,,..�.----
Hi�hwav Easement
��ncludo P•�D•'�1 Section Z9 39 t+,cres.,�.---
TpTALACA�GE' & Granular Eill
Gravel
Ty� o{MatasiaZ to be��'C`e��
1 ppp,000
'Totat Cubsc Yasds to be F.x«��' 1 o Y e 5
�{Y�acS of OperatiQn.
�
Estimated Numbsr ��tat'san: � te.r.:.`�-��'---
t Site Retsab � . °.
�Cpsnp��t0�� � ' material will be
ced �ate f° � ' d, S ome
�Stima r . goulevar haul
Rich Valley uire usin othet
AceessfTtanspa�H�g way 52 to 117th Street tO ro•ects which will tmassi�a��iiC�uar�P°�ed) routes•
constrctian rfiid+� ���_«, T7ee
hauled to various witti,n�'1eGiYup°^ p�3I of�eY��Of.
�,�a c�zu,�p�ti,c so:a�+r� cha P�P°��pN 1�
itluo BhDece�.
��,,,ot n���• ,n lau'ary' u cri on of
Counat, u vaTid f� ta+�s and des Pn prdinar.ce
rmtt,uP°^authorizatioR by�;Y , �d �cordin$ to submincd P ��� �� �4.8 hU!N�R'1�'
�u P� action wi!! be m"�'"' �err�ovnt Zonirsg Orciir� �rhe t..�Y�f Rosemou�t�i°n'ng
proposed minua! e� u set fo�� . a �af deis p
f rovis:ons dttaited in CuY°f �CS �C r��• e 8 P
�c q u'ued unde P �a�on the applicanc►ccogn' nor to►�4u r
suvmiuin8��ion of rrtinin$and a8rtt.•to meer i J s a se cond� �
for she T ature f�PPtica�+t
� Si� Gregg Dambtoten
' Dott
(pVER) Project Manager
� �
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