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Home My WebLink About5. Lance Johnson Mineral Extraction Permit Renewal:1995 a � . . f. � � . . . . . � CITY OF ROSEMOU NT Z8�5—`;TMt"A�tWest P.O.Box 510 —i Rosemount,MN Everything's Coming Up Rosemount!! ssobs-osio Phone:612-423-4411 Fax:612-423-5203 Public Notice LANCE JOHNSON-PROPERTY OWNER MnvE�,E�acTTorr PEx�r R�wAr,- 1995 Friedges, Inc. -Pit Operator TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on 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 pertains to property located at approximately 12487 Rich Valley Boulevard and legally described as follows: Section 14, Township 115, Range 19, Dakota County, Minnesota herein described as follows: Part of the South Half of the Northeast Quarter (S'h of NE'/a) lying west of RR except commencing at the northeast comer of the Southwest Quarter of the Northeast Quarter (SW�/a of NE1/a) west 172.74 feet to beginning; thence south 08D 36M 36S west 388.63 feet north$9D 47M 20S west 933.14 feet north 89D 57M 20S west 933.14 feet north OD 16M SOS east 451.40 feet to north line east 1080 feet to beginning; EXCEPT commencing at intersection of south line and west of right-of-way of RR north 08D 3bM 36S east on right-of-way 670 feet west parallel south line 707 feet south to south line east to beginning. The purpose of this hearing is to receive public comment on the application received from Lance 7ohnson for renewal of a Mineral Extraction Permit for 1995 as required in Ordinance B-20 AN ORDINANCE AMENDING ORDINANCE B-CITY OF ROSEMOUNT ZONING URDINANCE. Persons wishing to speak on this Mineral Extract Permit Renewal are invited to attend the meeting on '�`��e�da�, March 7. 1995 at R:00 n.m. Written comments will also be accepted prior to the meeting date. Plea.se forward all comments and inquiries to the City of Rosemount Planning Department. Dated this 22nd day of February, 1995 � . S an M. Wal , City Clerk City of Rosemount Dakota. County, Minnesota . � � Prinkd on recYded PaPer conWining 30we posf<onwmer marerials. � , ( � $�ij&P§t��, . !d�, C 1 TY O F RO S E M O U N T Z875 Ct 45tHSt eet West P.O.Box 510 Ever thin s Comin U Rosemount!! Rosemount,MN y g� g p 55068-0510 Phone:612-423-4411 Fax:612-423-5Z03 Affidavit of Mailed and Posted Hearing Notice LANCE JOHNSON/FRIEDGES, INC. 1Vur�x�,Ex�c�oN PEx�T RE�wai.- 1995 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and sa.ys: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On February 22, 1995 acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for consideration of a Mineral Extraction Permit Renewal for mineral extraction activities to continue to occur on the Lance Johnson property, east of Rich Valley Boulevard and north of a 125th Street East alignment, with the pit operator named as Friedges, Inc., enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the atta.ched listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. � � Su M. sh City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this�d of , 1995. otary Public �w�v.A+W��+Nvo°rrw�.Sw�r;r�wd1M��`" DON�A L.QUINTUS NOTARY PUBLiC-N�iNNE$D�A � P��+�^re�y��Pa� ■��y �' con[aining30q . aA��T� CjQUt�1{ . post-mnsumermarerials. �y G,�mi�s«r+ExpKas 3une 7,4�99 �yly�,' ./v z''��. srl/L� ' � �,ance J�hnson/Frieci��, T_nc. � Mine 1 ,xtra tion P i R n wal (� M .i i �� l. Koch Refining Ca 34-01400-014-01 P O Box 2256 34-01400-015-01 Wichita, KS 67201-2256 34-01400-017-01 34-01400-018-01 2. Koch Refining Co. 34-01400-010-OS P O Box 43596 34-01400-010-07 St. Paul, MN 55164 34-01400-014-09 34-01400-010-25 34-01400-010-31 34-01400-010-33 34-01400-010-50 34-01400-011-75 34-01400-012-75 34-01400-012-85 34-01400-013-85 34-01400-014-85 34-01500-010-01 3. Charles Koehnen 34-01400-012-09 12255 Rich Valley Boulevaxd Rosemount, MN 55068-3812 4. Lance J. 7ohnson 34-01400-013-09 Apt. # 902A 34-01400-010-37 17 lst Street South - PETTTIONER - Minneapolis, MN 55401-1838 5. Friedges, Inc. - PETTTIONER- 9380 West 202nd Street Lakeville, MN 55044 � ��' . � � . . . . ��;,: . Pablk Notloe . Rosemount Town Pages � ��,o�N.° �� ,. �or�r awr� � , AFFIDAVIT OF PUBLICATION ��,��aN � �vEwAr.-�s � Kristin Franck,being duly swarn,on oath says that she is an authorized •� -�'•pried8ai lna.�rrop,,,,� ,�� agent and employee af the publisher of the newspaper,known as The �,��_ �f� Rosemount Town Pages, and has full lrnowledge of tbe facts which are � , . . ••" �i�nrics rs�ssY arv�w u�ab o�n a m:'��, � statedbelow: '�awa�.msaa.��.�;; (A)The newspaper has complied with all of the requirements oons6wting �i�s m me c�u��r me aa�sn. 3ualif'ication as a le al new as ovided b Minnesota Statues ��'�'°°'"��r.m.�..�::" 31A.02,331A.07 and other�pli��laa+s,as amended. ��,'�ed�,a,�; \+��ep�� V��.J�Le \ \_�tA' n ��07Bo�bnrdaodbpl�yde�mbedatoDwve ;..�i � .Seaian 14.Twrmhip I15.Rao�e ly.Dakoit zs',: � ' Caaot�.MimaohLe�ein de+e�ed s Lo11ov� ��'�Pat ot Ws Sost6 flalf d�be NoMeut Qoa�lx `" c� �(31/2 of NE1/4)iqing west of RR excep� which is attached, was cut from the columns o�said newspaper, and was �;�oommeneinE u tLe notthast eornar of ehe =;j rinted and published once each week for successive :��°'�°u��N�Qo,� P � (swt�s ot rtEi�a� west t72.74 &et W � e s; it was f' t published on Friday, the day of � ��p�&,,,�„�,,��„�„ d 19�.and was thereafter rinted lished on ��:�r��ms�an�zas��:ur� ; P ��? � ` n�n s9n sn�zas.Ku s�.ia r«��m au ver Friday, to and i�c�u.ding Friday, the ��day of �*,� ��ssos�+s��o�«w��,��o� ..ket to begnoins;ffiCC@�T oammencin a� , 19_�; and printed below is a copy of the ��,��;��,��;�� lower case alph bet from A to Z, both inclusive, which is hereby -�.�. ��«�c�a� acknowledged as being die size and kind of type used iu the c,�nposition �-�`�m�;��'""�` and ublication of the notice: � ��',� > _ P 'me�e�t�.�v w�ro yce�oammi�' '�chmn tLe appSeation reoeirad hom Lanoa Johnw far � ot a E�ineni BxtraeBon Pa�mit tar l99S ar °�k��°��°"�'�� smHnimd in Oedlnance B.30 AN OBDiNANC� 1 By'v+ �� t(� �AbiHNDING OSDINANCS B . Cl7Y OF ' �'r�\ � . �V�` ,��IDSBIlOUNTZOMMCOBDINANtB � ' � . '..� . \ �� '�� `s:�,�,. Title:Typeseuer ��••�:�a�•r�m wi,��r�u�� a'Banewat arc in.3ted w aaena the meeuos m�y �y�7.1995 et S:OD am. Wtitbu oc�mep4 w�71 aYo Subscri d nd sworn to before me on thisa Z—day �°�'�°d�°o��a�. r,��,a.�� ; aoa iuqmcia to the(Sq of Ro�m�p� 19 0 '�=_� . _ . ,.�uea�.�oaa�yax�r.w�,,i�s , . ;�.r , , � � � s..oscairu. ~�' No Public � :,;: av��: { �.ra.a�..ar,w..o. , AFFIDAVTT �..>.,, _ . ,�� DEANNE K. ELBERT NOTARY PUBUC—M�NNESOTA ` ;...;;' MY COMMISSION EXPIRES t-31-pp r ' City of Rosemount Exeeutive Summary for Action City Couacil Meeting Date: March 7, 1995 Agenda Item: Lance Johnson Mineral Agenda Sectioa: Extraction Permit Renewal: PUBLIC HEARING 1995 Prepared By: Richard Pearson Agenda No: Assistant Planner v'�"�M � ' � . Attachments: Public Hearing Notice; Approved By: Mailing List; Resolution; Application; Phasing Plan; Draft 1995 Mineral Extraction Permit Conditions. Mr. Lance Johnson is requesting renewal of a Mineral Extraction Permit. The sand and gravel extraction process would then continue on his land located approximately 1.5 miles north of CSAH 38 and 3/s mile west of Rich Valley Boulevard (CSAH 71) . The operator will continue to be Friedges Landscaping, Inc. On January 24, 1995 the Planning Commission reviewed the renewal request and recommended approval. No complaints were received by the Planning Department in the 1994 operating season that concern the Lance Johnson Mineral Extraction Permit renewal . Observation of the mixing activities at the Johnson pit did result in an additional concern for securing areas where equipment and processing activities are being conducted. The equipment (including conveyors and crushers) and stockpiles of aggregate and other ma:terial are viewed as an attraction for kids that might potentially be in the area. The property is posted for no trespassing and a movable cyclone fence should provide a reasonable barrier to discourage unauthorized access to processing areas. Recommended Action: A MOTION to adopt A RESOLUTION APPROVING TFiE 1995 MINERAL EXTRACTION PERMIT RENEWAL FOR THE LANCE JOHNSON PROPERTY. City Council Aetioa: 03-07-95.002 , -�; C I TY O F RO S E M O U N T z875-°TM�"S�� P.O.8ox 510 Rcsemount,MN Everything's Coming Up Rosemountl! ssobe-osio � Phone:612-423-4411 Fax:612�423-5203 Public Notice LA,�tCE JOHNSON-PROPERTY OwNER 1�Znv�aL E.rrx�c�rtorr P'�r Rnv�wat- 1995 Friedges, Inc. -Pit Operator TO WHOM IT MAY CONCERN: NoTTCE Is HEx�Y Grv��t, the Ciry Council of the City of Rosemount will hold a public hearing on Tuesday, March 7, 1995 in the Council Chambers of the Ciry Hall, 2875� 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The Public Hearing listed below pertains to property located at approximately 12487 Rich Valley Boulevard and legally described as follows: Section 14, Township 115, Range 19, Dakota County, Minnesota herein described as follows: Part of the South Half of the Northeast Quarter (S'h of NE'/a) lying west of RR except commencina at the northeast comer of the Southwest Quarter of the Northeast Quarter (SW'/4 of NE 1/a) west 172.74 feet to beginning; thence south OSD 36M 36S west 388.63 feet north 89D 47M 20S west 933.14 feet north 89D 57M 20S west 933.14 feet north OD 16M SOS east 451.40 feet to north line east 10$0 feet to beginning; EXCEPT commencing at intersection of south line and west of right-of-way of RR north 08D 36M 36S east on right-of-way 670 feet west parallel south line 707 feet south to south line east to beginning. The purpose of this hearing is to receive public comment on the application received from Lance 7ohnson for renewal of a Mineral Extraction Permit for 1995 as required in Ordinance B-20 AN ORD�tANCE A�ti�NDING ORDINANCE B-CiTY OF ROSE.NOUNT ZONING ORDINANCE. Persons wishing to speak on this Mineral Extract Permit Renewal are invited to attend the meeting on Tnecda�, l��*arch 7 1995 at R�00 r_m Written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the City of Rosemount Planning Department. Dated this 22nd day of February, 1995 , . S an M. Wal , City Clerk City of Rosemount Dakota County, Minnesota � ��«� �,M�w�: �<�,�.n.�.;,rx ,r ' CITY OF ROSEMOU NT 2875—�145thSu�tW� P.O.Box 510 Rosemount,MN Everything's Coming Up Rosemount!! 5soba-os�o Phone:612-423-4411 Fax:611-423-5203 Affidavit of Mailed and Posted Hearing Notice LANCE JOHNSON/FRIEDGES, INC. NlnvExai,Ex�xac�ox PEx�u�r R�wat.- 1995 STATE OF MINNTSOTA ) COUNTY OF DAKOTA ) SS CrrY oF Ros�ovrrr ) Susan M. Walsh, being first duly swom, 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 Ciry F�all, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for consideration of a Mineral Extraction Permit Renewal for mineral extraction activities to continue to occur on the Lance Johnson property, east of Rich Valley Boulevard and north of a 125th Street East alignment, with the pit operator named as Friedges, Inc., 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 and the places so addressed. Su M. sh City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this�d of , 1995. otary Public ��..��t ��Ma •YiY'�Vwv".'•'Rh'r:'�vvh�JW�•�''._ . ,r1 DONNAL.�UINNS � NOTARY PU(3LIC-MVNNESOTA � �^�'�R o�,+�wvn DAKO?A COUNTY �,,.�«„�,�.m��;��,. I,�i Conmissian Expires duna 7,1994 - -....wr.�t��ti., .... �,M\MMMMNY �+ ' ' I.dl7C�TA�CAII/Fl`IQ[I�PC� Tnc_ Miner�l Eattraetinn Permit Renew�l (1� �r�1�u�,g�l� 1. Koch Refining Co. 3401400-014-01 P O Box 2256 34-01400-015-01 Wichita, KS 67201-2256 34-01400-017-01 3401400-018-01 2. Koch Refining Ca 34-01400-010-OS P O Box 43596 34014U0-010-07 � St. Paul, MN 55164 3401400-01409 34-01400-010-25 34-01400-010-31 34-01400-010-33 34-01400-010-50 34-01400-011-75 34-01400-012-75 34-01400-012-SS 34-01400-013-85 34-01400-01485 34-01500-010-01 3. Charles Koehnen 3401400-012-09 12255 Rich Valley Boulevard Rosemount, MN 55068-3812 4. Lance 7. 7ohnson 34-01400-013-09 Apt. #902A 34-01400-010-37 17 1 st Street South - PETITIONER- Minneapolis, MN 55401-1838 5. Friedges, Inc. - PETITIONER- 9380 West 202nd Street Lakeville, NIN 55044 CITY OF ROS�OIINT DAtCOTA CODNTY, ffiINNF3SOTA RESOLIITION 1995- A RBSOLIITION APPROVING TSE 19 9 5 MINERAL EBTRACTION P]3RMIT RE,NE�PAL FOR TBFs LANCI3 JOffiQSON PROPSRTY �SE�REAS, Mr. Lance J. Johnson, property owner, and John Friedges, operator, of the mining operation located on the west side of County Road 71, one mile north of County Road 38, have requested renewal of the Mineral Extraction Permit for this operation; and �PHEREAS, the owner and operator have met the requirements established in the 1994 Mineral Extraction Permit for renewal regarding reclamation and revision to the mining plan; and �HEREAS, the Planning Commission reviewed the renewal request on January 24, 1995 and recommended approval of the mining permit subject to conditions; and WSEREAS, the City Council of the City of Rosemount held a public hearing on Ma.rch 7, 1995 and considered public testimony as required by Ordinance B - City of Rosemount Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, 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 Permi t, 1995 Condi tions for the Lance J. Johnson Mineral Extraction Permit Renewal. BE IT FINALLY RESOLVED, 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 March, 1995 . E.B. McMenomy, Ma.yor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor• Uoted against• LJMP.094 March 7, 1995 . . Permit #• , , Date ot tssue• Expiration Date• C1TY OF FiOSEMOUNT � Mineral Extraction Permit Apptication ...� . A piicanL �► /�.�C� � O � P Address• 6 8�` � ' � � -- 1 ?7 d r. �r � .._._ . . . _ _ ee um er - - .. �a p e one�-.. .. Pro ert wner PersonlCornoration Conductina E�ctraction Name: C �- -�� n�Sot� Name: Address: l��'�S �tOw i T�. Address ee reet ,� �:� �t./ SS� ��/ te p � ate p Phone Number. — 7 Phone Number: ,****************************:*************�****#****:**#*,►*******************************:*******#*********:**: Purpose of Excavation/ raciion: (Describe in Detall) _ � . . . _****************************************#**#*******************:*************************#******:********#***** Property information / Excavation Site Lega( Description: _ ��/O ` 3 7 (include P.I.D.�) �� O ^ � O TOTAL ACREAGE: 7 Type of Materiai to be Extracted: Totai Cubic Yards to be Extracted: � o,��J E s t i m a t e d N u m b e r o f Y e a r s o f O p e r a t i o n: l� �L�'a�s Estimated Dat for Co pf tion of Sit Rehabiiitation: -�e�-�-f? �d Y ` � — Access/Tra sport Routes: , C • _ �e (Names of highways,sveets or other public roadways wi in th City upon which the material wiit be Vansported) This pemiit, upo�:autlioRzation by City Council, is valid from lanuary 1 througli Decen:ber 31 of d:e year of isstrmice. ?he proposed mineral extraction will be reviewed acco�ding to submined pla�u and descripciori of tlie proposed operatiort as required under provisions detailed i�z Ciry of Rosen:ounl Zor:ing O�dinarice, Sectiore 14.8 MINERAL F�X7'Rt1CTTON. l�t submitti�ig tliis applicalion d:e applicant recognues Aie requirensen set fortl: in Oie Ciry of osen:o t orii�:g Ordiitance for tl:e regulation of n:ining and agrees to n:eet tlsose conditions 'or to requesting rov f thi e nit. 1�s -- 3l— Of Date Sig,iature of Appli t (OVER) �� . . *T . J� ��(` �• ��--��! .a,..�� . SKETCH �OR . �•t A �V C�, L1 . 'V O N]�TS O� i�� — 1�a��a _ ._._. ... . `,', � �� -� <e�,� � M�aw l�rt •� 3'h. NW�h.�ec. 14� T.�K,R.19 �� Y.nr l.�a �l S�a.M!�'7� - 2b�.25 �I C+•!7'xo'.d �� I Nef'Siw'W .+� , \ '!{7 76 _'` J� � �94.p7 �' �.��t��.�� pVAO M�f1% � � � � � • � � 3 '4 E�`�,oa �a t �: • ' s� . , ��(�( � ENa � '1 ` • ; �P" ; �; 3 K� , . s ' o ( N � O � O '� ? ♦ . � , . , J � . It'Q j � 3 j� 1lf.1� N M��1��1 -' y � . N O fQ w � J' �1Ve.��a��a��;x� * . � 1 M� � �� .- o � , : : ,,: O W z i �- • i+' . L �Z ' . . � � � . � W � �- �n�o Ner'i1'�Grl �f- ' • � ♦ �- '' �RCEL ,$� -► � 4 � u ��`:. � � ` 'I ' % .Q \• �\ s ° :'� . �) ; 97.Go9 Acea.i � • % ' ` .I—►^\\ : t� ,, . � ; N. . ' • � �w' � r �P I� ,,5� �lo l; �t� � � ��:�`� � ° ' '`" ��4 •' A� . r _ i <`yy • W �\ � �� '• ' � 3 i i � ' ��\ � 8 . " ;. � , .� r �,�. , � . � = .i � , �{� �� 1� .: - � ,-. � �osraw.� % ��A `�� k°"•'�`` . y � . � 169T.4T � .. , � ' � v� ... .. ...t.♦ . .. � � . 1 . � b owcNpf -• . � YL'�.O�S y aN��O�W��irw�.�r..�.rw.w..l.f�. �% T-11SN M N'��'W , — �� . � . So��w lNc o1 5�/4. �Nul��4�:.�►;..••w��....�.w...�+.r. �jp5wacw i a+w• L�u 1h.IIE� � � . T�uCK �o�a"C M��MYT�II�N��rr' : � ' ' . • w�.r.rr u.�a .� i � ',.$�K f:•:I I-�c'�1 "Ai�S � � � ' ` , . ��`...Y'�.r • . _-.. . f�aq , r � _ • , m[w�t r,tvr..ae.a.�..:i:_�_� .�..-.. � - ✓I.�'� _.�.�i.w.�.•'�'�' 4. '�'S��.L�jk' . - � i i ` 6�� •� . 2� � •, `".� ' 0� Se ,.. , �ale�l inch =200 � �<� ; ,� P � � � ;". ; a Q,,``� ' %. `'�• s; � Q'jP � ; ;= a . � � % 7� � t�I � �aP �. r . . .. . ; �i o� r � !� . c � � Ra►►cRo at' C.r.�.:��v::..v..��v�� i�,�R },. SCNWwNL . ��.�u uN'1o'it'w . . . � . L�� S�ptv�t I.K.,,1 � . 7.97� �1S~ 51fsiT N.� � . . . � Ros�Mo��r�, M�YU�S�Tp . . � � � 550ae P..wc : 6r:•azb•n�9 (.�t.It Rcr�sco e Sso.,c•�a.c xe, nes � PHA5ING, P�AN DELMAR H.SCHWAN2 E X N I p IT A ..�:::_�.:.�. � . . «.rwN•�aw�r'.r row.ww�.rw.•wr �y�41�M ' . . . . . . . � � .��' �4. . � Mineral E�raction Permit 1995 Conditions For Mineral Extraction Permit Renewal LANCE JOHNSON-FRIEDGES LANDSCAPING, INC. A. That Lance J. Johnson (hereinafter"the Property Owner") and Friedges Landscaping, Inc. (hereinafter"the Operatoi") 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. C. That the term of the permit shall extend from January 1, I995 until December 31, 1995 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 pexmits from the State of Minnesota, County o£Dakota and City of Rosemount(hereinafter"City") or any of their agencies be obtained and submitted to the City priox to the issuance of the pem►it. That failure by the Operator to comply with the terms and conditions of any of the pern►its 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 E�iibit B, or as approved by the City Engineer, and any other conditions as may be iznposed by the City from time to time. F. All gravel trucks and other mining related traffic shall enter and exit the mining area from Rich Valley Boulevard. It shall be the Operator's responsibility to obtain any access permits or easements necessary for ingress and egress. The location o£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 Operator's expense. H. That the surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otheiwise 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 LJ/Friedges 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 inswring 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 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 haxmless against any and all claims, or for which the City, the Council oz any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Operator. (S) The surety bond or cash escrow shall remain in effect from January 1, 1995 until July 30, 1996. Ilpon thirty(30) days notice to the permit holder and surety eompany, the City may reduce or increase the amount of the bond or cash escrow during the term of this pernlit in order to insure that the City is adequately protected. N. That the Operator furnishes a cex-tificate of comprehensive general liability insurance issued by inswrezs duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and nq/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, boclily 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 o£any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from March 24, 1995 until March 24, 1996. O. That no processing or mixing of materials shall occur on the site and construction of any pondix►g areas or wash plants shall require additional City Council approval and notification of adjacent property owners, eaccept as approved by the Dakota County Environmental 1995 Mining Peraut LJ/Friedges Page 2 of 3 Health Department as incidental to a sand and gravel mining operation at which time such activities will be enclosed with snow or cyclone fencing or as approved by City staff. 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 muung 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 Plannuig Department prior to the approval of the Mineral Extraction Pexmit. 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 muumum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may e�cceed a gradient of 25% `, or four to 1 (4:I). V. The Operator must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase. No recycling processes shall be allowed to continue into subsequent phases. That Lance J. Johnson, a Minnesota resident, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. By: Date: That Friedges Landscaping, Inc., a Minnesota resident, the pit operator, hereby consents and agrees to the foregoing conditions of said mining permit. By: Date• 1995 Mining Permit IJ/Friedges Page 3 of 3