HomeMy WebLinkAbout7.f. Mineral Extraction Permit/Renewal for Solberg Aggregate City of Rosemount
Executive Summary for Action
City Council Meeting Date: March 6, 1996
Agenda Item: Mineral Extraction Permit Renewals Agenda Section:
Request: Solberg Aggregate New Business
Prepared By: Richard Pearson, Assistant Planner Agenda No:
ITEM # 7 F
Attachments: Plan reductions, Draft conditions of Approved By:
operations, draft Planning Commission
meeting minutes (2-27-96)
Solberg Aggregate, Inc. has requested the renewal of two mineral extraction permits in the IG
General Industrial District. The properties involved are located on:
(1) Koch Refining Company property formerly owned by Solberg on the west side of STH 52
approximately one mile north of the intersection of STH 52 and CSAH 42; and,
(2) Ten acres of property owned by Solberg on the northeast corner of the intersection of STH
52 and CSAH 42.
Both permits are renewals of on going operations. The Koch pit is moving into the final phase
and consists of a projected 50,000 cubic yards on a 5.5 acre area. The area is enclosed by a
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security fence which has been moved south for the final phase. The smaller operation on the
Solberg operation consists of 15,000 cubic yards to be excavated on 2 acres of the north east
corner of the property.
Landscaping is required for the ten acre parcel owned by Solberg. The approximate mid point
of the property along the northbound entrance ramp to STH 52 has a visual gap between a six
foot high berm and the northwest corner of the property which is about 8-10 feet above the
pavement level according to the grading plan, thus obscuring the pit area. Staff recommends
that twelve Amur Maple trees be planted in this gap area on twelve foot centers. This plant is a
small tree/large shrub which is drought tolerant.
On February 27, 1996, the Planning Commission conducted a public hearing for both renewal
requests as required by the zoning ordinance. No one appeared to testify for or against either
request. Carl Solberg was present and answered questions posed by the Planning Commission.
Recommended Action: MOTION to approve the renewal requested for the Solberg/Koch
mineral extraction permit subject to the attached draft conditions of operation for 1996;
- and -
MOTION to approve the renewal request for the Solberg site mineral extraction permit
subject to the attached draft conditions of operations for 1996.
City Council Action:
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Mineral Extraction Permit
1996 Conditions For Mineral Extraction Permit Renewal
KOCH REFINING CO. - SOLBERG AGGREGATE CO.
A. That Koch Refining Co. (hereinafter"the Property Owner") 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 exhibits dated December 2, 1994.
C. That the term of the permit shall extend from April 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 final grading for the permit area shall be completed in accordance with the attached
grading plan labelled 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 and other mining 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 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
Minnesota 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 extraction or hauling
operations related to the Mineral Extraction 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 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 stockpiled 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.
1996 Mining Permit
Solberg/Koch
Page 1 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 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 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 Department artment 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 Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in.the
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State of Minnesota with the right of the surety company to cancel the same upon thirty
permit holder and the City.
(30) days written notice to th e p ty
(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 April 1, 1996 until July 30,
1997.
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.
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/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 1, 1996 until March 1, 1997.
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 Department as incidental to a sand and gravel mining operation.
I996 Mining Permit
Solberg/Koch
Page 2 of 3
P. 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.
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 additional mining is
authorized. Modifications or expansion of the mining areas must be approved in writing to
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.
T. 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.
U. 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).
That Koch 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:,
II
1996 Mining Permit
Solberg/Koch
Page 3 of 3
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Mineral Extraction Permit
1996 Conditions For Mineral Extraction Permit Renewal
SOLBERG AGGREGATE CO. INC.
A. Solberg Aggregate Co. Inc., property owner and 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 on Exhibit A which is attached hereto
as one of the exhibits.
C. That the term of the permit shall extend from April 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 final grading for the permit area shall be completed in accordance with the
attached grading plan labelled 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 and other mining related traffic shall enter and exit the mining area from
County State Aid Highway 42. 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 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 extraction or hauling
operations related to the Mineral Extraction Permit. After the Operator has received 24-
hour verbal notice, the City will complete or contract to complete the clean-up at the
Developer'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.
it shall be removed from the site and that the Operator shall take necessary
I. That no topsoil � sarY
measures to prevent erosion of the stockpiled 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
1996 Mining Permit
Solberg Aggregate
Page 1 of 3
infrastructure located within the permit area shall be the sole obligation and expense of the
operator.
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 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 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 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 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 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
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officer ma be made liable by reason of any accident or injury to persons or property
Op erator.the of fault f
through the a
(5) The surety bond or cash escrow shall remain in effect from April 1, 1996 until July 30,
1997.
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.
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/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
1996 Mining Permit
Solberg Aggregate
Page 2 of 3
occurrence. The policy of insurance shall name the City as an additional insured and shall
remain in effect from April 1, 1996 until June 1, 1997.
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 Department as incidental to a sand and gravel mining operation.
P. 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.
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 by the end of the 1996 operating season
before any additional=mining is authorized. Modifications or expansion of the mining areas
must be approved in writing to 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.
T. 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.
U. 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
stabilisation 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).
V. The Operator shall install additional landscape screening along the westerly property
boundary as reviewed and approved by the City's Assistant Planner.
That Solberg Aggregate Co., a Minnesota resident, property owner and pit operator,
hereby consents and agrees to the foregoing conditions of said mining permit.
Date: By:
1996 Mining Permit
Solberg Aggregate
Page 3 of 3
Regular Planning Commission Meeting Proceedings
February 27,1996
Page 3
Vacation
Ch • rson Droste opened the public hearing scheduled at this time to hear public testimony
regardin the administrative plat and right-of-way vacation request of Spectro Alloys, Inc. The
recording cretary has placed the Affidavit of Publication and Affidavits for Mailing& Posting of
Public He • Notice on file with the City.
Assistant Planner Pearson related the history of this right-of-way vacation request:He stated that
staff concluded that a xe lat is necessary because the property is already platted and simple metes and
bounds legal descriptions are not appropriate. The building on the siturrently straddling 3 lot
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lines causing many setback encroachments that are non-conformin . . Pearson stated that this is
basically a"housekeeping measure"which will solve many of se setback problems by combining
the original six lots into one. He mentioned that the City A rney has recommended this lot
combination.
7
Dan Holkus, representing Spectro Alloys, Inc. and the surveying consultant for Spectro Alloys, Inc.
were present to answer any questions. '
NN
There being no comments from the audience, MOTION by McDermott to close the public hearing.
Second by DeBettignies. Ayes: Droste, Shoe-Corrigan, McDermott, DeBettignies, Tentinger. Nays:
n mentioned that he received one phone call regarding this item. He stated
Assistant Planner Pearso ti
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after he explained Spectro Alloys, Inc. request, the caller was comfortable with the request and
decided not to attend'the public hearing.
MOTION by DeBettignies to recommend approval of the Spectro Alloys Addition R lat to the
City Council/sub'ect to conveyance of an easement for overhead power lines that are loc ed in the
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right-of-way to be vacated and as well as the inclusion often foot wide drainage and utility
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eas ments alon g the northwest property line (perpendicular to TH 55) as previously dedicated with
t Hollenback&Nelson, Inc. First Addition plat. Seconded by Tentinger. Ayes: Shoe-Corrigan,
cDermott, DeBettignies, Tentinger, Droste. Nays: 0.
'u i lic Heari ': Ibe s As s r• 'ateL s ch R fine.* s m,an -M'n•r.1 E t acti
Permit Renewals
Chairperson Droste opened the public hearing scheduled at this time to hear public testimony
regarding the mineral extraction permit requests of Solberg Aggregate. 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 explained that Solberg Aggregate was requesting approval of two mineral
extraction permits-one located on the northeast corner of the intersection of STH 52 and CSAH 42,
and one located on property owned by Koch Refinery on the west side of STH 52 approximately one
•
Regular Planning Commission Meeting Proceedings
February 27,1996
Page 4
hat both are renewals for on-going north of CSAH 42. Mr. Pearson stated oin o e g g p erations that are
in the final phase. Staff is recommending, and Solberg Aggregate has agreed, that additional
landscaping on the Solberg site is needed. It is recommended that 12 Amur Maple trees be planted
along the northwest entrance ramp to STH 52. Mr. Pearson stated that draft conditions for both
permits have been provided to the Planning Commissioners.
Carl Solberg of Solberg Aggregate was present to answer any questions.
A discussion occurred between the Planning Commissioners and Mr. Solberg regarding the
additional landscaping requested, whether there enough topsoil to reclaim the area, any possible
runoff problems on either site, and additional benning on the Solberg site. Mr. Solberg stated that
there is no shortage of topsoil, no runoff, and after the mining is completed Solberg Aggregate will
be constructing additional benning around the site.
As there was no further public comment, MOTION by DeBettignies to close the public hearing.
Seconded by Tentinger. Ayes: McDermott, DeBettignies, Tentinger, Droste, Shoe-Corrigan. Nays:
0.
Assistant Planner Pearson stated that Solberg Aggregate has been meeting all previous conditions
imposed upon them and there has been no traffic complaints in regards to these sites. A discussion
ensued regarding enforcement of the mining extraction permits.
MOTION by Tentinger to recommend approval of the renewal requested for the Solberg/Koch
mineral extraction permit to the City Council subject to the attached draft conditions of operation for
1996. Seconded by McDermott. Ayes: DeBettignies, Tentinger, Droste, Shoe-Corrigan,
McDermott. Nays: 0.
MOTION by Tentinger to recommend approval of the renewal request for the Solberg site mineral
extraction permit to the City Council subject to the attached draft conditions of operations for 1996.
Seconded by McDermott. Ayes: Tentinger, Droste, Shoe-Corrigan, McDermott, DeBettignies.
Nays: 0.
' i li 11.a 'n,• s nin. Te t • Is •ndm•nt fir u I lementarry Lot Dimension and
7s_B. k ' • 'u'r• II • 1 !,
Chairperson Dros , .ened the public hearing scheduled at this time hear public testimony
regarding the proposed zo • • text amendment for supplem n lot dimension and setback
requirements. The recording secretaryyh s placed t davit of Publication and Affidavits for
Mailing& Posting of Public Hearing Notir , le with the City.
Assistant Planner Pearson gave- 'brief history of this proposedz nning text amendment. He stated
that the proposed amendment has simplified the structure of the ordinance and commented that Staff
feels that the, r osed amendment is an improvement to the current ordinance and supports this
�.P oP
am
e nt. Mr. Pearson mentioned that basically the setbacks have been decreased by 10 feet from
th previous proposed amendment.