HomeMy WebLinkAbout8. Marly Danner, Inc. Mineral Extraction Permit, 1996 4594 145th Street East, owned by Richard & Ramona Cordes , �
C1TY OF ROSEMOU 1vT z8�5-`;TMthA�tW�t
P.O.Box 510
'' Ever tfllll s Comin U ROSemOUnt.►! Rosemount,MN
y g� g P 55068•0510
Phone:612-423-4411
fax:612-423•5203
Affidavit of Mailed and Posted Hearing Notice
CO�tnEs/DA1v1vE�t,I1vC.-1996 MINERAL ExTRACTION PERMIT
4594145th Street East
STATE OF MINNESOTA �
COUNTY OF DAKOTA � 3S
CITY OF ROSEMOUNT �
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 December 5, 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 1996 Mineral Extraction
Permit for mineral extraction activities to occur on the Richard C. and Ramona A. Cordes,
4594 145th Street East, as requested by Danner, 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.
Sus M. Wa1s
City Clerk
City of Rosemount
Dakota County, lV�innesota
Subscribed and sworn to before me this �� day of �SL�-�"-� , 1995.
, �
��
Notary CIN�Y vORNIDEN
, NOTARY PUBUC—MiI�IIESOTA
oArcora c�nr
+Nr cornm.E�nss,�an.31.Z000
•
� r.r�red�.�x��d�.
containing 30%
�posRronsumer materials.
C1TY OF ROSEMOU NT z8�5-`;TMths`�tW�t
P.O.Box 510
Ever thin s Comin U ROSE'l»Ou17t.►� Rosemount,MN
. Y g� g P 55068•0514
Phone:612-423-4411
• ��j,C �TO+1Ce Fax:6t2•423-SZ03
11 l�l 6
CoxnEs /DarrxER, Ixc.
1�Znv�L Exr�acrlox P�nT- 1996
Site Lvcation -4594145th Street East
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public
hearing on Tuesday, December 19, 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 purpose of
this hearing is to receive public comment on the application received from Danner, Inc. for a
Muleral Extraction Permit for 1996 pertaining to properry located at 4594145th Street East
and legally described as follows:
The West Eight-five(85)acres of the Southwest Quarter(SW'/e)of Section Twenty-nine{29)
Township One Hundred Fif'teen(115),Range Eighteen(18), except the North Seventy-five(75)
rods of the West Twenty-one and one-third(21-�/3)rods thereof.
The purpose of this hearing is to receive public comment on the application received from
Richard C. and Ramona A. Cordes for a Nlineral Extraction Pernut for 1996 as required in
Ordinance
Persons wishing to comment on this issue are invited to attend and be heaxd at the City
Council Public Hearing scheduled for Tuesdax,December 19.1995 at 8:00 p.m. Formal
written comments will be accepted prior to the public hearing date. Please forwazd all-
comments and inquiries to the Planning Division of the Community Development
Department.
Dated this Sth day of December, 1995.
Susan M. W City Clerk
City of Rosemount
Dakota County,Minriesota :
����,��
cmramiire iJ'+ �
� � . � . � . � � . . � .� � Wst<anwm�wmarrduls.
1, Otto Ped & 34-02900-010-50
Bertha Reed The East 75 acres of the E 1/2 of the
4992 - 145th St. E. SW 1/4 of Section 29, Township 115,
Rosemount, MN 55068-2442 Range 18.
OWN:
' .
. 2 John Reese 34-02900-010-69, 34-03000-013-75
12205 Parkwood`PI.�����M�� �, The West 21 1/3 rods of the North 75 rods
Burnsville, MN�55337-6861 of the SW 1/4 of Section 29, Township
OWNS: 115, Range 18. AND the East 100 acres
� of the SE 7/4, EXCEPT, commencing at the
NE corner; thence West 719.86 feet to the
beginning� Continuing West 350 feet;
thence South 1244.6 feet; thence East 350 feet; thence North 1244.6 feet to the
beginning and EXCEPT commencing at the NE comer; thence West along the North
tine 1,069.86 feet to the beginning: thence South at right angles to the North line,
N,;;�z840.21 feet; thence West at right an�les, 577J1 feet to the West line; thence North �
_� along the West line 840.21 feet to the NW corner and the North line of the SE 1/4;
� thence East along the North line 579.T7 feet to the beginning, Section 30, Township
115, Range 't 8.
$,.
. ;
3 e Pine Bend Development`Co. � ' �' 34-02900-011-25 ' .
� c/o Melvin G. Astleford 34-02900-010-35
� 1200 Hwy 13 W. � The E 1/2 of the NW 1/4, EXCEPT that
Burnsville, MN 55337 part Northwesterly of County Road 38.
OWNS: Section 29, Township 115, Range 18, and :
the W 1/2 of the NW 1/4 of Section 29,
Township 1 15, Range' 18.
� ,.a " � . � � � . � . � � � � .
, � . .. � � t .n. - ,_ ... . . . .� .. . . . il
x + City of Rosemount
' Executive 5ummary for Action
City Council Meeting Date: December 19, 1995 ___
Agenda Item: Mineral Extraction Permit: 1996 Agenda Section:
Marly Danner - 4594 145th Street East PUBI.IC HEARING
Prepared By: Richard Pearson, Assistant Planner Agenda No:
� ITEM #� �
Attachments: Draft 1996 Conditions, Grading Plan, Approved By:
location map, application, public notice
/ �
Marley Danner of Danner, Inc. is requesting approval of a mineral extraction permit for the
property owned by Richard and Ramona Cordes at 4594 145th Street East. Mr. Danner expects
to purchase the property if the permit is approved. Mr. Danner is also requesting the ability to
include an asphalt plant if needed.
The property consists of 75 acres on the south side of CSAH 42, appro�mately one mile east of
STH 52. The property is zoned Agriculture, and mineral extraction is a permitted use within .
one half mile on either side of CSAH 42, east of STH 52. The asphalt plant may be permitted
by the City Council as an accessory use. The Planning Department has received an objection
regarding the asphalt plant from the adjacent property owner to the east. If approved, the plant
would be located appro�mately 1/4 mile south of the CSAH 42 right-of-way behind the topsoil
stockpile.
The anticipated extraction for 1996 will be 100,000 cubic yazds. The total duration of the
opera.tion is expected to be nine years.
On November 28, 1995, the Planning Commission recommended approval of the permit
includi.ng the asphalt plant. The Planni.ng Commission's primary concerns were rela.ted to
safety and questioned the proximity of snowmobile trails. Mr. Danner agreed with the
temporary fencing requirement as previously required of other extraction permits that involve
processing. .
Recommended Action: MOTION to approve the mi.neral extraction permit with asphalt plant
for Danner, Inc. subject to the attached operati.ng conditions for 1996.
Council Action:
!
Rosemount Town Pages
AFFIDAVIT OF PUBLICATION
� � � �; -���-:. - _a;
�� Pablic Notice -� � ��'
Kristin Franck,being duly sworn, on oath says that she is an authorized � �ostDBS fDANiv�tt,1NG
agent and employee of the publisher of rhe newspaper, lmown as The �,:�.,` 3 {
Rosemount Town Pages, and has full knowledge of the facts which are ������'�'� '�
� �,� pEUMIT•1996 �,,�r:.�.� .
stated below: ,3iAr Loeahoi.-�s9tl+�tli Sa,r:eBast '
(A)The newspaper has complied with all of the requirements consrituting l+o.wsoa�i�ars�rao'�'r�c�v: '�•�' "� `
qual�cation as a legal newspaper, as provided by Minnesota Statues : � ���"a:��x- w�,"# °
331A.02,331A. and othe�applicable s,as amended. ����°�''Coioa°°�m'"'
`dAow�o�r;�m Low.p.bio�ab'1Midqt.
B��e p�� ' � � �� ,� 98/S'IISd�3'ueae 6e�fimio�at E�O pm.�$;
wou�ecatlet as po�si6ls.1Le porpo�e of mis Lset�i� ;
eeaN�sp�bltaaa�eatan�a qipHea�m�eaebed Am'
: �a�er,Ina fx a Mineral F�cecaotion Psimit tar t996 '
}ulmiu�gwgopmtyfo�atedat4S9414Ab3aeetBntaod '
which is attached, was cut from the columns of said newspaper, and was �'"°'�°d"� ` � ;
printed and published once each week for � successive ��+a����s����s�� �
eks; i was fi���published on Frida , the da Of }��U4)o[Seetlon'Menty-cioe(29)Twra�Lip Oue
y y Hmdrod Kflocu(Il�.RaoEe�shken(1�.exxpt�Le
'L'� and was thereafter printed �published on �����_����'�a��
;byery Frid y, to and i cluding Friday, the ���_day of ; ,
�I�Lo��-�;�^��9-^ , 19�; and printed below is a copy of the :���"°°�""'�'�°"°�"��°�� ,
0o me a�,r���a�m�c.�aa x�.
lower case alphabet from A to Z, both inclusive, which is hereby �11.Cadea for a bfiueral Hutraaion Pamtt far 1996 aa �
acl�owledged as being the size and kind of type used in the com ition ti�a�a ta Ordlaance B•2Y AN ORi1INANCS
M�I!1DIIYG ORD�MICE B–CllY OP RAS6Jf0►AV!' -:
and publication of the notice: oxnn,u,vc� 3
� ' wtaMng a o�eoc oo tM;taee�ane fovteea a �
�a�fB�JY��F+��3z Iltlead md be,belsd at tLs CHy Coaooll Pobli¢Hea�tn6�Y
��n�.n��o icvs.e a�ae�._
�� � ��Fam�l irrI�teu oommenb w711 be acapted pda Do We �.
$y: , ��� ;�sb8o Leaiiuf due. Pleaee fa:ward all oo�en�s mt <
*' qairiw w ttie PlsnNn6 Dlvision of t6e Cammamry� �
T'ifle:Typesetter ���.a�n�. l
� �meam�.sm��rn�e���s. � i
Subsc ibed and sworn to before me on this ` � day ' � ` � .
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of -r� , a.maa.w�n.a�'�+a�t
19 Q� . w� � ����
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Notary Public
AFFIDAVIT
CONNIE E. FIFAREK
NOTARY PUBLIC—MINNESOTA
, MV COMMISS�ON EXPIRES t-31-00
�
Dxa�'r:l l/28/95
�
Mineral Extraction Permit
1996 Coaditions For Mineral Extraction Peruut
DArrrr�R, uvC.
A. Danner Inc., hereinafter referred to as "the operatoi'' and Richard Cordes, property owner
and hereinafter referred to as "owner", sign a written consent to these conditions binding 'I
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 January l, 1996 until December 31, I996
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 pernuts from the State of Minnesota, County of Dakota and Ciry of
Rosemount (hereinafter "City") or any of their agencies be obtai.ned and submitted to the
Ciry 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 Ciry 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 F..xhibit 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 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 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 Ciry. The
Operator shall clean dirt and debris from streets that has resulted from extraction or hauling
operations related to the Mi.neral Extraction Permit. After the Operator has received 24-
hour verbal notice, the City will complete or contract to complete the clean-up at the
Deveioper'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.
7. Any costs incurred now or in the future in changing the location of e�sting public or
private utilities including but not limited to pipelines, transmission structures and sewer
1996 Mining Permit
Danner
Page 1 of 3
, - -----
__._ --- __ . . . . ,- `. _�
t
y
infrastn►cture 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 operadon 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 ihe 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 ($2,00O.00Jacre) 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.surery 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 surery 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 Operaxor.
(5) The surery bond or cash escrow shall remain in effect from January 1, 1996 until
January 1, 1998.
Upon thirty (30) da.ys notice to the permit holder and surery 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 FIundred Fifty T'housand and no/100 ($250,000.00) Dollars arising out of any one ,
1996 Mining Permit
Danner
Page 2 of 3 [
�
-- - �
y
e
occurrence. The policy of insurance shall name the City as an additional insured and shall
remain in effect from January 1, 1996 until June 1, 1997.
O. The accessory asphalt plant shall be enclosed by a temporary fence.
P. That the Operator and the Owner shall hold the City harmless from all claims or causes of
action that may result fmm 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 Ciry 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 Ciry.
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 E�ctraction Permit.
U. Reclamation requires the replacement of the entirg stockpile of topsoil to the mined area,
reseeding and mulching necessary to re-esta.blish 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 Danner, Inc., operator, and Richard Cordes, property owner, hereby consent and
agree to the foregoing conditions of said mining permit.
Date: By�
Property Owner
Date: By:
� Operator
1996 Mining Permit
Danner
Page 3 of 3
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fl�I�����c�,u ��c; a�� ` Permit #: ,
�ri�cc� Fe� ; �,?p� °o Date ot tssue• r
V�cve� ,�Nv: ������� Expiration Date:
CITY OF ROSEMOUNT
Mineral Extraction Permit Apptication
Applicant: �lon L. Danner
Address: 8314 East Delaney Circle, Inver Grove Hei ts NII�i 55076 451-0208
. . ......_.. ee um er
� - a e p e one
Propertv Owner Person/Coraoration Conductinq Extraction
Name: ���'d C. Cordes/Ramona A. Cordes Name: �'lon L. Danner
Address: 4594 145th Street East Address: $314 East Delaney Circle
ree ree
ROsemount, i�I 55068 Inver Grove Heights, M[v 55076
. de p
,y a�e p �Y
Phone Number. (612) 437-5136 Phone Number. (612) 451-0208
,***************************************************************************************************************
Purpose of Excavation/Extraction: (Describe in Defail)
t'� ��vill be minina, for future develo���� DannPrr Tnc- will �i�� � thP —
. Danner Inc. (612) 450-0830
843 Hardman Avenue South
• South Saint Paul, NIlV 55075
�**********************************************************************#****************************************
property fnformation / Excavation Site PID -�34-02900-010-42
Legal Description: The West Eight-five (85) acres of the Southwest ,_er "(�W'-�) of
(Inciude P.I:D.#) �tion.Twenty nine (29), Townsh�p•One hundred� fi�teen_(115), Range
Eighteen(18), except the North Se�venty five(75Z rods of the West Tvaentv one and
TOTAL ACREAGE: J 75 one-third (21 1/3)
Type of Material to be ExtracCed: Gr��� r°ds there°f,
Total Cubic Yards to be Extracted: 100,000/cy pex year
Estimated Number of Years of Operation: 9
Estimated Date for Completion of Site Rehabilitation: 10 years
Access/Transport Routes: ��tY Road 42 to County Road 52, off the driveway construced on the
eastern portion of the property.
(Names of highways, streets or other public roadways within the Ciry upon which the maierial wiil be transported)
77iis pemiit, upori authorizatiai by City Council, is valid from January 1 tJirouglt December 31 of tlie year of issc�alice. 77:e
proposed mineral extraction wil! be reviewed occording to submilfed plans and description of 1he proposed o�eration as
required under provisions detailed in Ciry of Rosemount Zoriing Ordinance, Sectiorc 14.8 MINERAL FXTRAC7'ION. Li
sub��:itting tliis applicatio�i 11te applicant recognizes tlte reguirements set fonh in the City of RoseraouliC Zoning Ordi�:a�tce
for the regulation of nrining and agrees to meet lhose conditions prior to requesting a al of tl:is permit. �
I (-' 'S�^ �S-
Date Sig�:ahcre of Applicant
(OVER)
C I TY O F RO S E M O U N T z8�5°TM�►,"s�t W�t
P.O.Box 510
Everyihing's Coming Up Rosemount!! Ro�mo��t,MN
55068-0510
Phone:612-423-4411
�bliC N�+lCe Fax:612-�i23•5203
6
CORDFS /DANNER, INC.
i�Znv�L ExTxac�riox PEx�r- 1996
Site I,oeation -4594145th Street East
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public
hearing on Tuesday, December 19, 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 purpose of
this hearing is to receive public comment on the application received from Danner, Inc. for a
Mineral Extraction Permit for 1996 pertaining to property located at 4594 145th Street East
and legally described as follows:
The West Eight-five(85) acres of the Southwest Quarter(SW%a)of Section Twenty-nine(29)
Township One Hundred Fifteen(115),Range Eighteen(18), except the North Seventy-five(?5)
rods of the West Twenty-one and one-third(21-�/s)rods thereof.
The purpose of this hearing is to receive public comment on the application received from
Richard C. and Ramona A. Cordes for a Mineral Extraction Permit for 1996 as required in
Ordinance
Persons wishing to comment on this issue are invited to attend and be heaxd at the City
Council Public Hearing scheduled for TuesdaX,.December 19. 1995 at 8:00 �.m. Formal
written comments will be accepted prior to the public hearing date. Please forward all
comments and inquiries to the Planning Division of the Community Development
Department.
Dated this Sth day of December, 1995.
Susan M. W , City Clerk
City of Rosemount
Dakota County,M'innesota
Rinted on recyrled paper
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posttonsumer materialt.