HomeMy WebLinkAbout6. 1994 Mineral Expraction Permit Renewal: Friedges Landscape/Lance Johnson , ,
City of Rosemount
Executive Summary for Action
City Council Meeting Date: __ _ March 2. 1994
Agenda Item: 1994 Mineral Extraction Agenda Section:
Permit Renewal : Friedges PUBLIC HEARING
Landscaping/Lance Johnson
Prepared By: Richard Pearson Agenda No: „�
Assistant Planner '��p A � '��
IV�
Attachmentsr Application; Location Map; Appro ed By-
Resolution; Agreement; Public
Notice; Mailing List.
Mr. John Friedges is requesting the renewal of a Mineral Extraction
Permit for a mining operation located on property owned by Mr.
Lance Johnson which is situated west of County Road 71 (Rich Valley
Boulevard) and 1.5 miles north of County Road 38 . The Planning
Commission reviewed and recommended approval of the request on
February S, 1994 . The 1994 Conditions of Approval Agreement form
has been revised in response to the Planning Commission' s concerns.
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Recommended Action: A MOTION to approve the 1994 Mineral
Extraction Permit Renewal requested by Friedges Landscaping/Lance
Johnson subject to an executed 1994 Conditions for Mineral
Extraction Renewal agreement. \ '
City Council Action: � .Z
3-02-94.005
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CITY OF ROSEMOU NT z875-`;TMt"AeetWest
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P.O.Box 510
�s� Rosemount,MN
� Everything's Coming Up Rosemount!! 55o6s-o5io
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'��; � _` �Phone:612-423•4411
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� Fax:612•423-5203
Affidavit of Mailed and Posted Hearing Notice
LANCE JOHNSON/FRIEDGES, INC.
MINERAL EXTRACTION PERMIT RENEWAi., - 1994
STATE OF 11✓IINNESOTA )
COUNTY OF DAKOTA ) SS
CITY OF ROSEMOUNT )
Susan M. Walsh, being first duly sworn, deposes and says:
I am a United States citizen and the duly qualified Clerk af the City of Rosemount,
Minnesota.
On February 18, 1994, acting on behalf of the said City, I posted at the City Hall, 2875
145th Street West, and deposited in the United States Post O�ce, Rosemount,
Minnesota, a copy of the attached notice of a Public Hearing for consideration of a
Mineral Extraction Pernut 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 therean fully prepaid, addressed to the persons listed on the
attached listings at the addresses listed with their names.
There is delivery service by United 5tates Mail between the place of mailing and the
places so addressed. ,
� �� �
�
Sus M. Wal
�
City Clerk - '
City of Rosemount
Dakota County, Minnesota
Subscribed and sworn to before me this � da o , 1994.
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Notary Public
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oo�r►�.oui�rus
� NOTARY PtlBIIC�M��iNESOTA ;
DAK{aF�,.�"�"��..�-` � P���,�����
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e' f� !-�j_,, �h.� coruaming 30°b
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vrh.�.N/1Al�+�il�4hti.•d„+`°.w�aidlti�{MIMh�V1hNl�- . -:
C1TY OF ROSEMOUNT za�5-`���h5���est
P.O.Box 510
Everything's Coming Up Rosemount.►! R 55oba os�oN
' Phone:612-423-�41 t
��-� Fax:612-423-5203
� Public Notice
LANCE JOHNSON - PROPERTY OWNER
� MnvEx�. Ex�CTTorr P� RE:vEw�,i. - 1994
Friedges, Inc. - Pit Operator
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVF.N, the City Council of the City of Rosemount will hold a
public hearing on Wednesday, March 2, 1994 in the Council Chambers of the City Hall,
2875 145th Street West, beginning at 8:00 p.m. or as soan thereafter as possible. The
Public Fiearing 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�/z of NE'f) lying west of RR
except commencing at the northeast corner of the Southwest Quarter of the
Northeast Quarter (SW�/ of NE1/a) west 172.74 feet to beainning; thence south
08D 36M 36S west 388.63 feet north 89D 4�M 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 36M 36S east on riaht-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 Pernut for 1994 as required in
Ordinance B-24 AN ORDIl�IANCE AMENDING ORDINANCE B- CITY OF ROSEMOUNT
ZONING ORDINANCE.
Persons wishing to speak on this Mineral Extract Permit Renewal are invited to attend
the meeting on Wednesdav. March 2. 1994 at 8:00 p.m. Written comments will also
be accepted priar to the meeting date. Please forwazd all comments and inquiries to the
City of Rosemount Planning Department.
Dated this 18th day af February, 1994.
,
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Susan M. Walsh, ity Clerk
City of Rosem nt
Dakota County, Minnesota
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CdNdMM[�J�°s
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Lance .Tohnson/Friedges, Inc.
Mineral Extraction Permit Renewal (1994)
Mailing List
1. Koch Refining Co. 34-01400-414-01
P O Box 2256 34-01400-014-01
- Wichita, KS 67201 34-014Q0-015-01
34-01400-017-01
34-01400-018-01
3401400-010-OS
34-Q1400-010-07
34-014Q0-014-09
34-01400-010-25
34-01400-010-31
34-01400-010-33
34-01400-010-50
34-01400-012-85
34-01400-013-85
- 34-01400-01485
34-0150Q-010-01
2. Charles Koehnen 34-01400-012-09 �
12255 Rich Valley Boulevard
Rosemount, MN 55068
3. Lance J. Johnson 34-01400-010-3'7
17698 Icon Trail _ pETT�p�g _
Lakeville, MN 55044 �
4. Friedges, Inc. - PETTTIONER -
9380 West 202nd Street '
Lakeville, MN 55044
Rosemount Town Pages
AFFIDAVIT OF PUBLICATION �'�q�,�
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Diane Berge, being duly sworn, on oath says that she is an authorized -' ����.�a��.rt
agent and employee of the publisher of the newspaper, known as The '� ' '�� - '` ' �
w��rr.rcn.e�.,r.i�r �-
Rosemount Town Pages, and has full l�owledge of the facts whish are „ x�,���,��_mo�.,.w;;�,��: ,��:�
statedbelow: � � mwxoxrrxu�r�x: ':� � ��- �,
(A)The newspaper has complied with all of the requirements t:onstituting N���Y�.�Qa���
qualificadon as a legal newspaper, as provided by Minnesota Statues «a or x��.�.m uaa.auxo u.�m��-
331A.02,331A.07 and other applicable laws,as amended. �*��3��tl»����
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which is attached, was cut from the columns of said newspaper, and was ��������N�����
printed and published ance each week for_ successive �sk��,.eu orart��u m.
weeks; it was first published on Thursday, the �g'� day of �����������-
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every Thur ay, to and including Thursday, the day of ��"'°"�i4�°°'�'���""'���
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lower case al habet from A to Z, both inclusive, which is hereb �°�'°'�'�°°�°'"°"°�"��""D'��s�
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acknowledged as being the size and kind of type used in [he composidon w•��•����•�!�•�•w�•«���
and ublication of the nodce: � �'���� � ;'��,�.�`:
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AFFIDAVIT
rf„«� CONNI� E FIFAREK , •
�i�� Hotary Pc:r, :,,�,as�a
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�'�1.`•.: AAY COmm Ex0 S•15-96 ',
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- Permit #:
Date of tssue:
x Ejcpiration Date•
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" CITY OF ROSEMOUNT
Mineral Extraction Permit Appiication
AppliCant: LANCE J. JOHNSON
Address: 17698 IGON TRAIL LAKEVILLE MINNESOTA 55044 892-6277
ree um er i a e p e one�
Property Owner Person�Corporation Conducting Extraction
Name: �CE JOHNSON Name: FRIEDGES LANDSCAPING INC
Addrsss: 17698 ICON TR.AIL Address: 9380 202ND ST WEST
��=• eet
� VILLE t�iI{N. 55� LAKEVILLE MINNQ 55044
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Phone Number: (612) 892-6277 Phone Number. t612) 469-2996
,*****************************************************:*********************************************************
Purpose of Excavation/Extraction: (Describe in Detail)
P.EMOVAL OF SAND AT1D GRAVEL FOR RESALE , ALSO USED ON CITY, HIGHWAY AND
RESIDENTIAL JOBS.
�xxx*************************************************************************�*******************�*,;************
Property information / Excavation Site
Legaf Description: Please see attached
(include P.I.D.#) 34-01400-010-37
34-01400-013-09
TOTAL ACREAGE: 33 ACRERS
TyN2 �` �"a.e^31 #c �� ��4���+: SAND AND GRAVEL
Totai Cubic Yards to be Extracted: 1,500,000,00
Estimated Number of Years of Operation: 10 YEARS
Estimated Dafe for Compietion of Site Rehabilitation: FALL 2044
Access/Transport Routes: RICA VALLEY BLVD NORTH TO HWY 3 — ACCESS WILL INCLUDE ALL THE
CITIES SURROUNDING THE PIT. (WE WOULD LOVE TO SELL TO THE CITY OF
ROSEMOUNT.)
(Names of highways,sVeets or other pubiic roadways withi�the City upon<which the material will be uansported)
77:is pemiit, upon autliorization by City Council, is valid frorn January I tlirough Decentber 31 of the year of issua�tce. 7he
proposed mineral extractio�: will be reviewed according to subn:ined plm:s and description of the proposed operatia: as
required under provisio�is detailed iii Ciry of Rosemount Zorii�:g Ordinance, Section I4.8 MINERAL F..�'TItAC774N. I�:
submirting tl:is application the applicant recognizes tl:e requiremenu set fonh u: tlte Ciry of Rosen:o :t Zonirig Ordina,ice
or the regcclatia: of n:ining and agrees to meet tJtase ccr.ditior:s p � r to requesting prov of tl:' em�it.
2 s�' /.�� y .
Date 7" ` � � � Signature of Apph ant
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Parcel 1: The Soutn I./2 of tne Nortnwest I/� of Section 14 .
"°"'% Towr.ship 115, Range 19, Dakota County, Minneso�a.
Parcel 2: That part of the South 1/2 of the Northeast l/4 of
; Section 14, Township 1I5, Range 19, Dakota County,
� Minnesota, I.ying Westerly of the Rock Island Railroad
i right-of-way, EXCEPT that part thereof described as
; follows:
� Beginning at the intersection of the South line of
the S 1/2 of the NE 1/4 of said Section 14 with t:�e
Westerly Iine of the Rock Island Railroad right-o�-w�.y;
thence North 8°36 ' 36" East, alang the Westerly line of
the Rock Island Railroad right-of-wa1, a distance of
670.Q0 feet; thence west, along a line parallel to the
South Iine of said S 1/2 of the NE I/4, a distancQ of
707.00 feet; thence South, along a line perpen�icular
. to the South line of the S 1/2 of the NE 1/4, to said
South line; thence East, along t:�e South line o� the
S 1/2 0� the NE 1./a_ , to the �oiat o� beginr.:.ng.
Pa�cel 3 : The North 4 rods ( 66.0 �eet) of tnat t�art o� the Seuth
1/2 of the Northeast 1/4 of Section 14, Tov�nship lI.S,
Range 19, lying West of Dakota County Roa� No. 71 and
East of the Rock Island Railroad right-of-way.
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U
MINERAL EXTRACTlON PERMIT RENEWAL LOCATION MAP
CITY OF ROSEMOUNT
DAROTA COUNTY, MINNESOTA
RESOLUTION 1994-
A RESOLUTION APPROVING THE
1994 MINERAL EXTRACTION PERMIT RENEWAL
FOR THE LANCE JOF�TSON PROPERTY
WHEREAS, 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
wHEREAS, the owner and operator have met the requirements
established in the 1993 Mineral Extraction Permit for renewal
regarding reclamation and revision to the mining plan; and
WHEREAS, the Planning Commission reviewed the renewal request on
February 8, 1994 and recommended approval of the mining permit
subject to conditions; and
WHEREAS, the City Council of the City of Rosemount held a public
hearing on March 2, 1994 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 1994 Mineral Extractian Permit
subject to the conditions listed on Exhibit A entitled Mineral
Extraction Permi t, 1994 Condi tions for the Lanee 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 2nd day of March, 1994.
E.B. McMenomy, Ma.yor
ATTEST:
Susan M. Walsh, City Clerk
Motion bY- Seconded by:
Voted in favor•
Voted against•
LJMP.094
March 2, 1994
Mineral Extraction Permit
1994 Conditions For Mineral Extraction Permit Renewal
LANCE JQHNSON - FRIEDGES LANDSCAPING, INC.
A. That Lance J. 7ohnson (hereinafter "the Property Owner") and Friedges Landscaping, Inc.
(herinafter "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 on Exhibit A which is
attached hereto as one of the exhibits dated
C. That the term of the permit shall extend from 7anuary l, 1994 until December 31, 1994
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, Counry 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 thepermits 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 Ciry from time to time.
F. All gravel trucks and other mining related traffic shall enter and exit the mining area from
. It shall be
the Operator's responsibility to obtai.n any access permits or easements necessary for
ingress and egress. The location of the accesses and/or ea.sements for ingress and egress
shall be subject to approval by the Ciry, 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 subje�t to approval by the City.
The Operator shall clean dirt and debris from streets that has resulted from extraction ar
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.
1994 Mining Permit
LT/Friedges
Page 1 of 4
I. That no topsoil shall be removed from the site and that the Operator shall take necessary
measures to prevent erosion of the stocicpiled topsoil. The location of the stockpiled
topsoil shall be indicated on Exhihit A the Phasing Plan.
7. 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.
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 far 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 surity 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 distubed by mining activities in the event of default from this agreement by either the
Operator or the Owner. The required surity bonds must be:
(1) With good and sufficient surity by a surity company authorized to do business in the
State of Minnesota with the right of the surity 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 afficials.
(4) Conditioned that the Operator and the Owner will secure the City and its officers
harmless against any and all claims, or far 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 surity bond or cash escrow shall remain in effect from January 1, 1993 until July
30, 1995.
Upon thirty (30) days notice to the perrnit holder and surity'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.
1994 Mining Permit '
U/Friedges
Page 2 of 4
,
N. That the Operator furnishes a cert�cate of comprehensive general liability insurance
issued by insurers duly licensed within the Sta.te 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 af 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 24, 1994 until March 24, 1995.
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
not�cation of adjacent property owners, except as approved by the Dakota County
Environmental Health Department as incidental to a sand and gra.vel mining operation.
P. That the Operator and the Owner shall hold the City hanniess 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 ar 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 reclaimation 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 erosian and
stormwater 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 af topsoil to the mined area,
reseeding and mulching necessary to re-establish vegetative cover for permanent slope
stabilization and erasion control, provided also that the minunum depth of topsoil shall
not be less than two inches after reclaimatian. No restored slopes may exceed a gradient
of 25� or four to 1 (4:1).
''"" 1994 Mining Permit
_. I.J7Friedges
Page 3 of 4
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:
1994 Mining Permit
LJ/Friedges
Page 4 of 4
: �.
'�4..3 � . . . .
�?�- �� � CITY OF ROSEMC�u NT Z8�5_`;TMt"A�tWest
—;;.:,� � �P.O�.Box 510
� �'`�� � EVC'f 'C�'lil'1 S COI'Yllll U ROSef710Ul1t��� � � Rosemount,MN
y g� g p 55068-0510
Phone:612-423-4411
fax:b12-423-5203
Public Notice
LANCE JOHNSON - PROPERTY �WNER
Mnv�� Ex�cTTorr PE�r RErrEw�. - 1994
Friedges, Inc. - Pit Operator
TO WHOM IT MAY CONCERN:
Na�cE Is HExEBY Giv�v, the City Council of the City of Rosemount will hold a
public hearing on Wednesday, March 2, 1994 in the Council Chambers of the City �Iall,
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 approxirriately 12487 Rich
Valley Boulevard and legally described as follows:
Section 14, Township 115, Range 19, Dakota County, Minnesota herein
described as foilows:
Part of the South Half of the Northeast Quarter (S�h of NEl/) lying west of RR
except commencing at the northeast corner of the Southwest Quarter of the
Northeast Quarter (SWI/ of NE1/a) west 172.74 feet to beginning; thence south
08D 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
1080 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 pazallel south line �07 feet south to south line east to beginning.
The purpose of this hearing is to receive public comment on the application received
from Lance Johnson for renewal of a Mineral Extraction Permit for 1994 as required 'in
Ordinance B-20 AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMOUNT
ZONING ORDINANCE.
Persons wishing to speak on this Mineral Extract Permit Renewal are invited to attend
the meeting on Wednesdav. March 2. 1994 at 8:00 p.m Written comments will also
be accepted prior to the meeting date. Please forward all comments and inquiries to the
Ciry of Rosemount Planning Department.
Dated this 18th day of February,1994.
_ ,
% i
�
Lr� f �I ' ��) .
Sus M. Walsh, ity Clerk
City of Rosem nt
Dakota County, Minnesota
w,n�ed on rmcied woe.
�caara n ir¢3Q"�
� . � � . . . . . � � � .� �s!consumor materials.� .� � .
Lance Tohnson/Friedges, Inc.
Mineral Extraction Permit Renewal 11994)
Muil�ing List
1. Koch Refining Co. 34-01400-014-01
P O Box 2256 34-01400-014-01
Wichita, KS 67201 34-41400-015-01
34-01400-017-01
34-01400-018-01
34-01400-010-OS
34-01400-010-07
34-01400-014-09
34-01400-010-25
34-01400-010-31
34-01400-010-33
34-01400-010-50
34-01400-012-85
34-01400-013-85
34-01400-0�14-85
34-01500-010-41
2. Charles Koehnen 34-01400-012-09 �
12255 Rich Valley Boulevard
Rosemount, MN 55068
3. Lance J. Johnson 34-01400-010-37
17698 Icon Trail - PETTTTONER -
Lakeville, MN 55044
4. Friedges, Inc. - PETITIONER -
9380 West 202nd Street
Lakeville, MN 55044