HomeMy WebLinkAbout6.c. Bituminous Roadways/Otto Ped Mineral Extraction Permit renewal Request City of Rosemount
Executive Summary for Action
City Council Meeting Date: April 1 1996
Agenda Item: Bituminous Roadways, Inc. / Otto Ped 4992 Agenda Section:
145th Street East, Mineral Extraction New Business
Permit Renewal Request
Prepared By: Richard Pearson, Assistant Planner Agenda A A # / C
Attachments: Draft Conditions of Operations; Planning Approved by:
Commission 3-26-96 draft meeting
minutes. r/
Mr. Greg Dambroten, Project Manager for Bituminous Roadways, Inc. is requesting the
renewal of the mineral extraction permit for the Otto Ped property located at 4992 145th Street
East, approximately 1.5 miles east of STH 52, fronting the south side of CSAH 42. The
property is within a portion of the Agriculture District that allows mineral extraction.
The current phase of activity involves only the 80 acre Ped property with no impact on the
adjacent 80 acre parcel owned by Grace Kuznia that was split from the original 160 acre Peed
farm. In 1995, 77,500 cubic yards of material in the form of screened rock and sand was
removed. Anticipations for 1996 are for similar quantities.
No complaints were received by either Planning or Police Departments regarding activities
related to mineral extraction in 1995.
On March 26, 1996, the Planning Commission conducted a public hearing regarding the permit
renewal. Otto Ped was the only person present and informed the Commission that Bituminous
Roadways, Inc. had erected a gate at the driveway entrance to discourage after hours
trespassing. The Planning Commission discussed the possibility of requiring gates as an
additional condition of operation. In addition, Mr. Ped requested that appropriate warning
signage be placed in the CSAH 42 right-of-way regarding the increased truck traffic. Staff
indicated that inquiries would be made to the County Highway Department.
After discussion, the Planning Commission adopted a motion to recommend approval of the
mineral extraction permit renewal with the added condition of a gate placed at the driveway
entrance that could be secured after hours.
Recommended Action: MOTION to approve the renewal of the mineral extraction
permit for Bituminous Roadways, Inc. / Otto Ped subject to the attached operating
conditions for 1996.
City Council Action:
Mineral Extraction Permit
1996 Conditions For Mineral Extraction Permit Renewal
BrruMiNous 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 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.
C. That the term of the permit shall extend from May 1, 1996 until December 31, 1996 unless
revoked prior to that for failure to comply with the permit requirements. A mining permit
fee of$250.00 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 mining permit.
E. That the fmal 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. 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 Permit. After the Operator has received 24-
1996 Mining Permit
Bituminous Roadways,Inc.
Page 1 of 4
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 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. 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 enforcing of the permit.
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 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 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 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 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
through the fault of the Operator.
(5) The surety bond or cash escrow shall remain in effect from May 1, 1996 until June 30,
1997.
1996 Mining Permit
Bituminous Roadways,Inc.
Page 2 of 4
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. 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
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, 1996 until June 30, 1997.
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
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. 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 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 shall not
be less than two inches after reclamation. No restored slopes may exceed a gradient of
25% or four to 1 (4:1).
1996 Mining Permit
Bituminous Roadways,Inc.
Page 3 of 4
•
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.
That OTTO A. PED, a Minnesota resident and property owner, hereby consents and agrees
to the foregoing conditions of said mining permit.
By:
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.
By:
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1996 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
1996 by Kent Peterson, Vice President for Bituminous Roadways, Inc., 2825 Ceder Avenue
South, Minneapolis, Minnesota, mining pit operator.
Notary Public
1996 Mining Permit
Bituminous Roadways,Inc.
Page 4 of 4
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Expiration Date:
CITY OF ROSEMOUNT
Mineral Extraction Permit Application
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Applicant Bf timd nora Rnadway4 Tnr•_
9050 Jefferson Trail West, Inver Grove Heights, MM 55077
_. .....--- %AY . . 51.11 ap 1
Pr°eert�+.Ower Person/Corooratian Conducting Extraction
Name: Na
Otto Pedme. Bituminous Roadways, Inc.
Add= 4994 145th S Street East MMus: 9050 Jefferson Trail West Wreet
Brippunr, MN TnvPr Croy HPiera. MN c5(1J7
phone Number (612) 437-4615 y• Pt Number: (612) 686-7001 v
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Purpose of Excavation/Extraction: (DescrJbe in DetaJI) Materials being extracted will be hauled
to Bituminous Roadways gravel pit in Inver Grove Heights and incorporated into
• . - • s • Si- . Si . Y■ ' - ea - . - • • • - ._ . .• - .. "_ •als
in asphalt production. Some material will be hauled directly to various consSructior
projects.
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Property Information / Excavation Site
Legal Description: W 87k Acres of SE If and E 75 Acres of SW k dub ject to
• tea pIA•rti Highway Easement Over North 50' #34-02900-010-50
Section 29
TOTAL ACREAGE: 39 Acres
Type of Material to be Extracted: Gravel & Cranul err Fill
Total Cubic Yards to be Extracted: 1_nor ono •
Estimated Number of Years d Operatio t 1 n venra
Estimated Date for Completion of Site Re sabaitation: By Phase
Accessfrranspon Routes: Prima route: Cozen R sad 2 w- s . • • , . . ►• • • . •hway
52 to 117th Street to Rich Valley Boulevard. Some material will be hauled
to various construction projects which will require using other haul routes.
Pumas at highways,theca of ut h.t public foadways within On toy upon whit%me fnsltn41 will b1 vanspontd)
This permit,upon authorization by City Corner is valid from January l through December 3J of the year of issuance. The
proposed mineral extraction will be reviewed according to submitted plans and description of the proposed operation as
required underprovisiont detailed in City of Rosemount Zoning Ordinance,Section 14.8 MINERAL EXTRACTION. In
•
Submitting this application the applicant recognizes the requirements set forth in the City of Rosemount Zoning Ordinance
• for the rh ndadon of mining and agrees to meet those condition:prior to requesting approval • this p •
4
, 414.
Date — $'D' 'oYApptucant
(OVER) GREGG OA41 oTEN
pao4ecrmastMAc ►\
Regular Planning Commission Meeting Proceedings
March 26,1996
Page 4 ORA�
Public Hearing; Bituminous Roadways,Inc. - Mineral Extraction Permit
Chairperson Droste opened the public hearing scheduled at this time to hear public testimony
regarding the mineral extraction permit application of Bituminous Roadways, Inc./Otto Ped. The
recording secretary has placed the Affidavit of Publication and Affidavits for Mailing&Posting of
Public Hearing Notice on file with the City.
Assistant Planner Pearson stated that Otto Ped, property owner, was in the audience to request a
mineral extraction permit on approximately 80 acres located at 4992 145th Street East. In 1995,
77,500 cubic yards of screened rock and sand were removed from the site and the 1996 yield is
expected to be compatible. Mr. Pearson mentioned that this property would probably be mined for
another 7 or 8 years. No complaints were received during 1995 in relation to this property or the
mineral extraction.
Otto Ped stated that he was available to answer any questions the Commission may have. Mr. Ped
also mentioned that his property is located next to the Danner property where mineral extraction is
also taking place. Mr. Ped stated that the Danner operation has been operating after 7:00 p.m. and
felt that the Danner operation should be required to have a gate restricting access to the property
after 7:00 p.m.
Mr. Ped was informed that if he notices any violations on the Danner property, to immediately
contact the City of Rosemount so that action may be taken.
There being no further comments from the audience, MOTION by DeBettignies to close the public
hearing. Seconded by Droste. Ayes: McDermott, DeBettignies, Tentinger and Droste. Nays: 0.
A discussion occurred regarding the alleged Danner operation violations.
The Commissioners discussed the need for future mineral extraction permits to include a condition
requiring the operator to secure the access to the site during non-business hours, i.e. a gate. The
Commissioners also discussed that future mineral extraction permits include a condition requiring
that a sign be posted stating the hours of operation.
MOTION by Tentinger to recommend that the City Council approve the renewal of the mineral
extraction permit for Bituminous Roadways/Otto Ped 4992 145th Street East subject to the attached
draft conditions of operation for 1996 with the added condition that the access to the site be secured
during non-operating hours. Seconded by McDermott. Ayes: DeBettignies, Tentinger, Droste and
McDermott. Nays: 0.