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Home My WebLink About6. Solberg Aggregate Mineral Extraction Permit Renewal: 1995 r , City of Rosemount Executive Summary for Action City Council Meetiag Date: Mareh 7. 1995 Ageada Item: Solberg Aggregate Mineral Ageada Sectioa: Extraction Permit Renewal: PUBLIC HEARING 1995 Prepared By: Richard Pearson Agea�TE• Assistant Planner M � � Attachmeats: Public Hearing Notice; Approved By: Mailing List; Resolution; Application; Phasing Plan; Draft 1995 Mineral Permit Conditions. Mr. Loren Aoward of Solberg Aggregate, Inc. is requesting renewal of a Mineral Extraction Permit for the sand and gravel extraction operation located on Roch Refining Property. The pit and stockpiles are located just south of the "flare towers", south of the refinery on the west side of STH 52 . On January 24, 1995 the Planning Commission reviewed the permit renewal request and recommended approval. No complaints have been received by either the Planning or Police Departments during the 1994 operating season. It should be noted that the entire area affected by the extraction process is enclosed by a security fence. Recom�eaded Action: A MOTION to adopt A RESOLUTION APPROVING THE 1995 MINER.AL EXTR.ACTION PERMIT RENEWAL FOR THE SOLBERG AGGREGATE CO. INC. City Council Action: 03-07-95.00t . z CITY OF ROSEMOUNT z8�5-°��"s�� P.O.Box 510 Rosemaun4 MN Everything's Coming Up Rosemount!! ssa6a-0sto Phone:612-423-441 T Eaxc 612-�123-5203 Public Notice SOCH REFINING-PROPERTY OWNER MnvExai.Ext�ac�rioN P�urnT Rnv�wat-1994 Solberg Aggregate Co. -Pit Opera#or TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing an Tuesday, March 7, 1995 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The Public Hearing listed below pertai.ns to property located at 13245 Clayton Avenue and legally described as follows: Section 24, Township 115, Range 19, Dakota County, Minnesota herein described as follows: The North Half(N'h) of the Southeast Quarter (SE t/a). The purpose of this hearing is to receive public comment on the application received from Solberg Aggregate Co. for renewal of a Mineral Extraction Permit for 1995 on properry owned by Koch Refining, Inc. as required in Ordinance B-20 AN ORDINANCE AMENDING ORDINANCE B-CITY OF ROSE�1fOUNT ZONING ORDINANCE. Persons wishing to speak on this Mineral Fxtract Permit Renewal are invited to attend the meeting on '�'�+�d�, March 7�.1995 at 5:00.}�.,m, Written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the City of Rosemount Planning Deparnnent. Dateti this 22nd day of February, 1995. Sus M. VJal , Ciry Clerk City of Rosemount Dakota County, Minnesota � ��. cmninir!�30': ao�KanunKr muw��f.. r CITY OF ROSEMOU NT Za�S`�TMths�tW� P.O.Box 510 Ever thin s Comin U Rosemount!! Rosemount,nnN y Q� g f� 55068-0510 Phone:612-423-4411 fax:612-423-5203 Affidavit of Mailed and Posted Hearing Notice BOCH REFINING/SOLBERG AGGREGATE CO. NZnvERai.Ex�xac�ox PEx�r R�wai.- 1995 STATE OF MINNF,.SOTA ) COUNTY OF DAKOTA ) SS Crr�oF Ros�avtOurrr ) Susan M. Walsh, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On February 22, 1995 acting on behalf of the said City, I posted at the City �iall, 2875 145th Street West, and deposited in the United 5tates Post Office, Rosemount, Minnesota, a copy of the attached notice of a Public Heari.ng for consideration of a Mineral Extraction Permit Renewal for mineral extraction activities to continue to occur on the Koch Refining property located at 13245 Clayton Avenue, with the pit operator named as Solberg Aggregate Co., enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing the places so addressed. ' . Su M. Wal ity Clerk Ciry of Rosemount Dakota County, Minnesota �d Subscribed and sworn to before me this��day o , 1995. � Notary Public y a DONNA L.GUINTUS � NOTARY PU9UC-MINNESOTA ` DAKOTA COUNTY � �`�R��'�'� My Commission Expirqs June 7,1999 °°"`°"°"""""`"'''` r •.��:.�+�+�JMMMMI�NV X , - � S�lhera.�ggr�gateiK� h R _finin.g Min : 1 .a�tracti�n Permit Renew 1 (�9951 ��1tZg�S� 1. Koch Refining Ca 34-01400-014-01 P O Box 2256 34-01400-015-01 Wichita, KS 67201-2256 3401400-017-01 3401400-018-01 2. Koch Refining Ca 34-01400-010-OS P O Box 43596 3441400-010-07 St. Paul, MN 55164 3401400-01409 3401400-010-25 3401400-010-31 34-01400-010-33 34-01400-010-50 3401400-011-75 34-01400-012-75 34-01400-012-85 34-01400-013-85 3401400-01485 34-Q1500-010-01 3. Charles Koehnen 3401400-012-09 12255 Rich Valley Boulevard Rosemount, MN 55068-3812 4. Lance J. 7ohnson 3401400-013-09 Apt#902A 17 lst Street South Minneapolis, MN 55401-1838 5. Solberg Aggregate Co. - PETiTIONER- 13245 Clayton Avenue Rosemount, MN 55068 t CITY OF ROS�OIINT DAKOTA COVNT'Y, MI1�A�lESOTA R�SOLIITION 1995- A RE�SOLIITION APPROVING TS]3 19 9 5 MINSRAI� LXTRACTION P}3RMIT RLNh'DPAL FOR TSS SOLBERG AGGREGATl3 CO. INC. �SSREAS, Solberg Aggregate Co. Inc. , property owner and pit operator, has requested approval of a 1995 Mineral Extraction Permit to allow for the mining of approximately 100, 000 cubic yards of granular material from Koch Refining Co. property located on the west side of State Trunk Highway 52 and �( mile north of County State Aid Highway 42; and DIHEREAS, the subject property is zoned General Industrial and mineral extraction is a permitted use with compliance to reguired standards; and oPSEREAS, the Planning Commission reviewed the Mineral Extraction Permit request on January 24, 1995 and recommended approval of the mining permit subject to conditions; and oPHEREAS, the City Council of the City of Rosemount held a public hearing on March 7, 1995 and considered public testimony as required by Ordinance B - City of Rosemount Zoning Ordinance. NOW, THEREFORE, BE IT RLSOLVED, the City Council of the City of Rosemount hereby approves the 1995 Mineral Extraction Permit subject to the conditions listed on Exhibit A entitled Mineral Extraction Permit, 1995 Conditions for the Solberg Aggregate Co. Inc. Mineral Extraction Permit. BE IT FINALLY RESOLVSD, that the City Council of the City of Rosemount requires that the owner and operator execute the permit prior to commencing operations. ADOPTED this 7th day of Ma.rch, 1995 . E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor• Voted against• Solberg/MP.095 Macch 7, 1995 Permit #: . � Date ot Issue• , '� , . Expiration Date• . . � • ; - C1TY OF ROSEMOUNT . " Minerat Extraction Permit Apptication ' qPP�t� ��.� e�� on eo � o�...,'�ar,`, � 3 �- \a � �ce... 05 w.e..w . .. �Ol� /1$df@SS' . . --- . --- �--. . . .. p e on� _._.. .. . __.�_ _ . . .. - C��a��-3`t•��7a Prooefir_ wner Per4onl�omo�ation Conductina Extraction � ' Name: �_1�_.,._� �c�, �c� z.. o Name• ��:�. �r,c�,�s�r. � . . .4�� '�a�� .,`1� S� . tl�c�� Address• 1 ��,,4-S \�., � � Address• � Qet eo� (�� /�\C��tL ��J .a,�.Z��Q: ' `C'�—w�e w� ` �v��—�� taia p p Phone Number. 1 - 3\� - ��a -'�-�� Phone Number. � ��1 �-�� a .� filt**!#f*#tt�t*t#ttt!l�It**t*tR*;ft#t!!!tf*�k**#f�t*!##t**!#***!#*!*!*llntt*##tk*�lttt!!tf*ttttir##*!f#tlrfter�tflri**!tl�tfi\ . Purpose of Excavation/Extraction: (Describe in Deiai� ��"�a��-� �^� ` \ `' �n b� S�� ♦r `��2.. CO'►'\�1-YV G'"t�w� O �v,��e�.�� r c�2,�s_ . ��Y e e_, � �.�,. `�d'� � :•**:t***,rf:3:**•****.*,r***t#*:*::*,r*,►***:*f*:***x:*.********::*:*f,e****:***:***:**:*****:*,.**s*:**�*�t::**:*:**: Property iniormation Excavation Site 1� e / � Legal Description: �� ^�� !� � �� S� �4'e as�` � � (Incl�d.P.I.D.#� S e.��,.,,r, a�- �o ,�s�., � �5 �l. a�a \R W �'i�� . ��,... , TOTAL ACREAGE: A-�P�c��• 'v`� Type of Materiat to be Extracted: �`�' a�� a��.� Total Cubtc Yards to be Extracted. \o o c� o � Estimated Number of Years of Operation:�,_ � . Estimated Date for Compietion of Site Rehablitatian: ��,. � � Access jTransport Routes: � � �a-�- � � - . � ��-� =_=—_�- � '� �M � � �ee --�ii !��'''� � ,'�-� ''� � � � .�.�.....� ' � � �� __ �� ; s � � �� ; � �� \ � � ; � • r �� L i L� � \ � � - � �, � t �t *,�t `` a � �S ` �w7+ � �. +� � �� `��-_� ' � � �..�..,,,r _ _ F _— ` �' . ��r�i —�.� =—` '��►r-�--�0. � ��` � _ • � _ .'� '�., ��11� r --�--�„ — � �� - �� '� .::��, � �' ,,� �•+ { � -� � r�� : . ��►, '`'� � �,�~�,�!�� —�� _�_�� !� ��.1 �''j��'�� 1 �� '�,� �7s�-.�..��,�'Q� 'l� l, � �/;�/� �' p� � ;�„�� p��;'�'-�,�,_T,�,.�'•.�r� � `�� 'f'� �d1 �,`' �� ``:;```±��` � �� ,a y� +�� aQp' .+. .� �� —_ ��'d�Es.�«,�� a��r +� � �w��".� � ��`� �f � '`— ---�-�,� --.' �► �� :P,�1 � '�`�.►d, 1 ` �,�,� , , � _—__ -----v��'�a►��-� .'��;� � �� %`�!�►�`��' ,�� -'� "'� 'lG "'��'..�' �- :.:,::;r,rn.= - ,r zaA' ,�, � ',i `� � �� -��.. ,�� ,� � '�� C�_ ,� �M � "� �'.�,.,,,"��. �-+''�� '�, � '� _ `V..'�Q.��.r�+��r �� •, .��.� '"' ' �y� �i _�y �- .r •.- 1r� � �,�� ,:.�....�..::��r��`� _� �" _ ---�� w � di�;3 �y� ` `_,��, �'s�,i � - � �• #+ � � � � . � , w • . Mineral Extraction Permit 1995 Conditions For Mineral Extraction Permit Renewal KOCH REFINING CO. -SOLBERG AGGREGATE CO. A. That Koch Refining Co. (hereinafter"the Property Owner") and Solberg Aggregate Ca (hereinafter"the Operator") sign a written consent to these conditions bind'u1g itself and its successors or assigns to the conditions of said permit B. That this permit is granted for the area designated as Phase 2 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 January I, 1995 until December 31, 1995 unless revoked prior to that for failure to comply with the pernnit requirements. A muuing 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 B, 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 minulg 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 Pernut. 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 interfeze, contanninate, 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. 1995 Mining Permit Solberg/Koch Page 1 of 3 K. 'That all costs of processing the permit, including but not limited to plannuig 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 Attomey 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 January 1, 1995 until July 30, 1996. 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 ternn of this permit in order to insure that the City is adequately protected. N. That the Operatar 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, 1995 until March 1, 1996. 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 minir►g operation. 1995 Mining Permit Solberg/Koch Page 2 of 3 • P. That the Operator and the Owner shall hold the City harnnless 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 Cowncil as it shall from time to time deem�roper 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%0 or four to 1 {4:1). That Koch Refining Co., a Minnesota resident, the Property OwY►er, hereby consents and agrees to the foregoing conditions of said mining pernnit. 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• 1995 Mining Permit Solbecg/Koch Page 3 of 3 CftY HA��tWesc 2875—145th Saee �� p_p.8ox 510 . � q O� Rosemount,MN ROSE►v► 55068-�510 �,�� O� ROSempUYltl I P Faxe.6 Z Z 35203 Everyth�n9 S �om�ng up bli�N°tl�e P� _pgpPERTY O�R Q � CS��''FII�NG �'�t,-19� �o CTi�N��eratnr r��"�e�g7'eS�e Co• S : ount w�hold a CONCE� of Rosem Cl�H.all, .rp WgOMIT�'Y Coun��°f the CityCh��rs of the �e City Coun�� as ssible. gy G�N' �e � 1995 �the as soon the�la o�p,venue and No�CE IS��Tuesclay�M��g at 8:00 p•�' located at 13245 C `�' public h�g t west,be S to property 2g�5 145th S�� below Pe�n D�ota Cp°nty,MiY't'eso� ,H�be sted ws: Yubh� as follo �nge 19� legally descn •on 24,TO`ransh�P 115� �follow QuaTtet (s'E'�"�' sect� hetein describ� �� • �fiotn u . v ,h� °f tt'e s� licat�on�ei �e North galf (�`� on�e aPP on ptO�� ublic comment on Permit f or 199��tG hearing is e�of aM�er��ct� �2� �pRv� .�e pu r P°s e of t�s 0 ance Ag�egate Co: f o r�c as�lu o�N QgDINAN�E• . �ited to at�end t h e golber b Koch C��RosEMouNT z a1 ate� �So be w own��E g . �.��act Perna��n com�►ents w�eS to the Cit�1 O�I to sF�°n t�S M'i'e �d a11 comments�d u'q persons wlstvng please forw meeting on ti�ng�`te• ccePted Pnot to the DeP�ent• a ount Plan.� ' of gosem 1995. p .S 22na day °f Pebrua�l� Dated t� � C�� Clerk sus M�w� osem�un�' Dt�o County�M`�esota Subscr � _,..�..� � --.oywvfna+v,� * �NNA[..QUiNIUS N07ARY PUBLIC-MINNESQ7A � QIIKL3TA COUNTY ��in[ed on recyded paper . � . f �• tontaining30% � �4��'��7,f�� post-ronsumer marerials. � :,+ia1�.�+4��V1AVIAMMNI�N� � � .D � � � � � . . Rosemount Town Pages .� .r, AFFIDAVIT OF PUBLICATION �"" `"��x�� . .- �; �HOCH REFIIVII�tG. � � 4 Kristin Franck,being duly swan,an oath says d�at she is an autharized � �PROP�tTY owNE1t; :'-� agent and employee of the publisher of the newspaper,lmown as The ` � =. ' �. �.` 1VIINERAL F�TRACTION. ,�� Rosemount Town Pages, and has full lmowledge of the facts wluch are � .��p��,,�,.lyy4 . stated below: `��8�8��-��+� � , _� (A)The news�per has oomplied wi�aII of the requirements constiwting F , i � waoa�rrs�xcoxc�x: � � �� qualification as a legal newspaper, as provided by Minnesota Statues �-�-ffi�� .�� ; 331A.02,331A.07 and other applicable laws,as amended. � aao.e�.m�a.�e��,ti«ary ; (B)T�P�� t��l Q t r _ `�O�.t,c o �.t�s r�me c�,a.�.�r m.aq,H.u, ; s t�sm sm�c wEa.�a u s.�ao y.m.«...� , u po�dbie. The Poblic Elauin`Bned bebw ' to popeity bakd ri 13245 Ciqrtm Areme md � y�llydeurI6eda�6cllonc �``�:?%";•^;. which is attached, was cut from me columns f said newspaper,and was � ��•TowmkpilS,Ranael9, �� printed and published once each week for successive � .: n�a��a..ran� , NathE�alt(N112)ottl�eSaatLwtQouler(SEW�¢��; e s; it was fir t ublished on Friday, the day of „ ,. ._ 19�and was thereafter printed ublished on ' n�a��;.m�«;.��eu�� u��,x«�u�e�t.�a a�om som�a�ss�au�co,u� ver Friday, to and i cluding Friday, the day of or a�,;�,,�,n«��r�r��s� , 19� and printed below is a copy of the �a�r��s�sos.,�..�n�e� � lower case al ha t from A to Z, both inclusive, WI11CI1 1S 118T8b edinsoee B-20 AN ORDINANCB AMBNDING ' p Y FDINANCB B-CtTY OA lOS&VOUNT ZOMNO � acla�owledged as being the size and kind of type used in the composition m�'� and publication of the notice: .,;,n;�w.��m;,�«,,�� aro inrited w aneod tLe mee4ng w j�y ' Wxiqeu oa�eou w�l abo � ��7�P��YL � �P�P�to�6e moqio�due. Pka�e fonreA aII ' t�dmqoma b d1a Qty otRo�oum PLm� . . $�I:��\ �]1v�.�� '�VV�` s �,,'�M.�.`��,..'��"a�' �,:`��.e . Tifle:Typesetter '�"��'�"'s. m ��.� � �� T -: :' " � � ',�� .� � �.- �-, Subscr' e and sworn to before me on mis�aay �� a''''��'� � --� �• � �a�r��.` of _ ��.R;G �.��ta;c�q,� 19 � � �� .�,��.,..s :.;,:k � � _� � �x - - -:�-��.. � No Public ' . AFFIDAVTT , DEANNE K. ELBERT NOTARY PUBLIQ�INNESpTA 't�"OMMISSipN EXPIRES t-31-pp �k