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Home My WebLink About6.g. Solberg Aggregate, Inc. Mineral Extraction Permit Renewal , " CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: February 4, 1997 AGENDA ITEM: Solberg Aggregate, Inc. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, Assistant Planner AGENDA�.� �� ATTACHMENTS: Site/Phasing & Grading Plan, Location Map, APPROVED BY: Draft 1997 O eratin Conditions Applicant: Loren Howard of Solberg Aggregate, Inc. Location: West side of STH 52 / 56, 3/4 mile north of CSAH 42. Property Owner(s): Koch Refining Company. Area in Acres: Approximately 35 acres. Comprehensive Guide Plan Land Use Designation: Industrial Current Zoning: General Industrial. Planning Commission Public Hearing date: January 28, 1997 Planning Commission Action: Unanimous recommendation for renewal SUMMARY Mr. Loren Howard of Solberg Aggregate, Inc. is requesting the renewal of the mineral extraction permit for property they lease from Koch Refining Company on an annual basis. The property is the original location for Solberg Aggregate, which was sold to Koch several years ago. Koch has indicated that Solberg will receive a year's notice of any future decision to terminate the arrangement. The entire mining site is secured by a fence, and visually screened from adjacent highways by berms. No complaints have been received by the Police or Planning Departments resulting from mineral e�raction permit activity in the last year. On January 28, 1997, the Planning Commission conducted a public hearing as required by ordinance for renewal of the permit. With the exceptian of Mr. Howard representing Solberg Aggregate, no one appeared for public comment. The Planning Commission adopted a motion to recommend renewal of the permit after a brief discussion. RECOMMENDED ACTION: Motion to renew the rruneral extraction permit for Solberg Aggregate, Inc. On the Koch Refining Company site subject to the attached draft ' conditions of operation for 1997. 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' �� ., �M �,� �\ ,(, � � -' � �� _ � �, _;,�!''��,� - �,� �►��R '� ��:� �� .' ��j. ..�� ' • �I, ��`` ar` :. � .�1 �• � �� , � ��'/� -� '��; � ; _�- . �+ ' . . �� ,, - ��--�---�ir � .J, ;�� ,,�,�,,,, ��►r'' � , .` � ,�„�, . , � �'t��`��`1�. _..� , ��r�. ��``*��..`,.``�,t�r� '� ��"•'� r a� :,��e �� _ � ��•Jj t- � � � � �� .\. _-..1 .,,,, � � �.�. _. ,, � � � �---� , �,�i,��; l� �. ..✓` . � ��.��n��r _ , �,,,_`��.tt� _- __ __ ---._ � :. _, � ..� . . ,, .rrzir-.�� %�"��►-.._�, � � ,�`r•r.i�.-..-....,�'�-- � � :: r��- ' �` ra:� � ��n,► � ,�,��`" ��,: � !_l-iCti�Sf � `�i�' .,� _�� __� � „� �` ( � �, . . • . . � • : �. �� •-::��:,.-� - `�-•- CiTY OF ROSEMOU NT 28�5-`�TMths�LW�t P.O.Box 510 Eve hin s Comin U Rosemoun�!! Rasemount.Mrv � 9� 9 f� 55068-0510 Phone:612•423-4411 Fax:612-423•5203 PUBLIC HEARING NOTICE City of Rosemount Planning Commission TO: Property owners witiun 1/4 mile of the affected properry are being notified APPLICANT: Solberg AgD egate, Inc. PURPOSE: To review their request to renew a mineral extraction pernut. LOCATION OF PROPERTY: Koch Refining Company property; 3/4 mile north of CSAH , 42, 1/4 mile west of STH 52/ 56. MEE'TING: 7:00 p.m., Tuesday, 1997 PLACE OF HEARING: City Council Chambers, 2875 145th Street W., Rosemount HOW TO PARTICIPATE: 1. You may atten the hearing and comment. 2. You may send a letter to the Planning Commission prior to the hearing. P.O. Box 510, Rosemount, MN. 55068. ANY QUES'TIOL�[S: Please call the Planning Department at(612)32�-2052. .,.,. � . > , � � I �So �e.t� �4C�• : h �`'l/N R�iwC. = . u � G �.�! � 1�� 1'T. � - .:��. '� � 1 S e . v � < � 1�C t A 1 � �A"".d.°"�x4d w°`�� ca+anwM JO% . (!O)ISMY/rtM TikyY�l �R AF�- Nlineral Extraction Permit 1997 Conditions For Mineral Extraction Permit Renewal KOCH REFINING CO. - SOLBERG AGGREGATE CO. A. That I<och Refuung Co. (hereinaiter"the Property Owne�") and Solberg Aggregate Co. (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 permit is granted for the area designated as Phase 3 on Exhibit A which is attached hereto as one of the e�clubits dated December 2, 1994. C. That the terrn of the perniit shall e�ctend from March 1, 1997 until December 31, 1997 unless revoked prior to that for failure to comply with the permit requireinents. A mining permit fee of$300.00 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 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 muung permit. E. That the final grading for the permit area shall be completed in accordance with the attached grading plan labelled E.chibit 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 and other muung related traffic shall enter and exit the mining area from State Trunk Highway 52. It shall be the Operator's responsibility to obtain any access permits or easements necessary for ingxess and egress. The location of the accesses and/or ! easements for ingxess and egress shall be subject to approval by the City, as well as the ' Mirunesota Department of Transportation if applicable or 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 Operator shall clean dirt and debris from streets that has resulted from e�ctraction or hauling operations related to the Mineral E�:traction Permit. After the Operator has received 24-hour verbal notice, the City will complete 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 othexwise effect the natural drainage of adjacent property. I. That no topsoil shall be removed from the site and that the Operator shall take necessary ineasures to prevent erosion of the stockpiied 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, transinission stnzctures and sewer infrastructure located tivithin the pennit area shall be the sole oUligation and expense of the operator. 1996 Mining Permit SolberglKoch Page 1 of 3 , 3 : � j � I�. Tliat all costs of pro�essing the permit, including but not limited to plaiuling Eees,en�ineering fees and legal fees, shall be paid by the operator prior to the issuance of the perntit. That die ' Operator reunburse 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 perniit ' 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. L. That the daily hours of operation for the mining area shall be limited to 7:00 a.m. to 3:00 p.m., subject, however, to being changed by the City Council. M. That the Operator and/or the Owner deposit with the Planning Departinent a swcety bond 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 connpany authorized to do business in the State o£Minnesota with the right of the surety company to cancel the saine upon thirtv (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 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 property tluough the fault of the Operator. (5) The surety bond or cash escrow shall remain in effect from March l, 1997 until July 30, 1998. Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or incxease 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 ainount o£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 March l, 1997 until March 1, 1998. O. 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 Health Departinent as incidental to a sand and gravel itiining o�eration. 1996 Mining Permit SolbergJKuch Page 2 of 3 . P. That the Operator and t�le O�vner shall hold d1e City harmless from all claims or causes of action that may result from the granting of the permit. That the Operator and the O�vner shall indemnify the City for all costs, damages or expenses, including but not limited to attorne�s fees which the Cirv mav pav or incur in consequence of such claims. Q That the Operator comply�vith such other requirements of the City Co�utcil as it shall front time to time deem proper and necessary for the protection of the citizens and general�velfare of the community. R Complete mirung and reclamation is required in all phases before any additional tnining is authorized. Modifications or eYpansion of the muung areas must be approved in writing to the City. S. That the Operator shall incorporate best management practices for conuolling erosion and storm water runoff as specified bv the Minnesota Pollution Control Agene.y and the United States Enviroiunental Protection Agency. T. The Operator must have a copv of the Dakota County Soil and Water Conservation District mining application completed and on file�vith the City of Rosemount Planning Department prior to the approval of the Ntineral Extraction Permit. U. Reclamation requires the replacement of the entize 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 mininium depth of topsoil shall not be less than two inches after reclamation. No restored slopes nnay exceed a gradient of 25% or four to 1 (4:1). V. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, constxuction debris, unrecycled asphalt or hazardous materials of any lcind shall not be permitted on site. The placement of construction debris, manure, asphalt in any foxm or hazardous materials within the pit shall be strictly prohibited. That I�och Refining Co., a Minnesota resident, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. By: Date: That Solberg Aggregate Co., a Minnesota resident, the pit operator, hereby consents and agrees to the foregoing conditions of said mining permit. By: Date: 1996 Mining Permit SolberglKoch ' Page 3 of 3 i