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Home My WebLink About7. 1994 Mineral Extraction Permit Renewal / Solberg Aggregate / KochRefining < e City of Rosemount � Executive Summary for Action City Council Meeting Date: March 2 1994 Agenda Item: 1994 Mineral Extraction Agexida Section: Permit Renewal : Solberg PUBLIC HEARING Aggregate/Koch Refining Prepared By: Richard Pearson Agend� N�. Assistant Planner �' �/� � � iva Attachments: Application; Location Map; Approved . Resolution; Agreement; Public Notice; �lailing List. Mr. Loren Howard of Solberg Aggregate, Inc. is requesting approval of a Mineral Extraction Permit on land owned by Koch Refining Co. The mining operation is on land previously owned by Solberg Aggregate and a permit was processed in 1988 . This operation is only intended to last two years. On February 8, 1994 the Planning Commission reviewed and recommended approval of the Mining Permit Renewal. The 1994 Permit Conditions have been altered in response to Planning Commission direction. �� U�' � � � t�'' � Recommended Action: A MOTION to approve the 1994 Mineral Extraction Permit Renewal requested by Solberg Aggregate/Koch Refining subject to an executed Mineral Extraction Conditions Agreement. • Sp ` r City Council Action: �� G�.�. � 3-02-94.003 C I TY O F RO S E M O U N T 2875 C145th SAtreet West �-.�. P.O.Box 510 � Rosemount,MN � =� Everything's Coming Up Rosemount!! 55oes-os�o �� °�:`` ' � � Phone:612-423-441T .� <r .�-�,` fax:612-423-5203 Affidavit of Mailed and Posted Hearing Notice KOCH REFINING/SOLBERG AGGREGATE CO. MiNERAL EXTRACTION PERMIT RENEWAL - 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 of 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 Office, Rosemount, Minnesota, a copy of the atta.ched notice of a Public �iearing for consideration of a Mineral Extra.ction 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 and the places so addressed. � � ,� Susan . Walsh City lerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this � day o , 1994. � otary Public <,,�rvww+rro�,,�w = ��G?iNA i.QtlINTIlS � �+�TnR�t'PUBLIGMINNESOTA '' C�Kt1TA CQUNTY ��,��. �#��kn,�;cn F.xp�e�June 7,1999 � conlaininp 30°� � sI.Yi.�Ci�✓�I�O��+IU'�Y v J�+4v+.. X Oosfconsumer materials. r-• `�''� C l TY O F RO S E M�l,l N T 2875 C145th Str�eet West P.O.Box S 10 ,� '-. cp'.. . . . � ` ' Ever thin s Comin U ROsemour�t!! Rosemount,MN � g� g p 55068•0510 ::�=r _ - , Phone:612-423-4411 -•- • fax:612-423-5203 Public Notice KOCH REFINING - PROPERTY OVVNER MnvEx�, Ex�CTTorr PEx�r I2ErtEwai, - 1994 Solberg Aggregate Co. - Pit Operator TO WHOM IT MAY C4NCERN: NOTICE IS HEREBY GIVEN, 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 soon thereafter as possible. The � Public Hearing listed below pertains to property located at 13245 Clayton Avenue and ' le�ally described as follows: . Section 24, Township 11$, Range 19, Dakota County, Minnesota herein described as follows: The North Half (N�h) of the Southeast Quarter (SE 1/). _ The putpose of this hearing is to receive public comment on the application received from Solberg Aggregate Co. for renewal of a Mineral Extraction Permit for 1994 on property owned by Koch Refining, Inc. 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 Wedn+esdav. 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 City of Rosemount Planning Department. Dated this 18th day of February, 1994. .� , �--� y/ ; 9 ,� � , Susan M. Walsh, ity Clerk City of Rosemonnt Dakota County, Minnesota ��,�� . . . � � � [omamuM JO`. . �p51.(pnyUT!rt41!t��i13 . - Solber� Aggregate/Koch Refining Mineral E�rtraction Permit Renewal (1994� Maili�ig List i 1. Koch Refining Co. 34-01400-014-01 P O Box 2256 34-01400-014-Oi Wichita, KS 67201 34-01400-015-Q1 34-01400-017-01 34-01400-018-01 34-014D0-010-05 34-01400-010-07 34-01400-014-09 34-01400-010 25 34-01400-010-31 34-01400-010-33 34-01400-Oi0-50 34-01400-012-85 34-014QQ-013-85 34-Q1400-01485 34-01500-010-01 2. Charles Koehnen 34-0140Q-012-09 12255 Rich Valley Boulevard Rosemount, MN 55068 3. ' 4. Solberg Aggregate Co. - PETTTTONER - 13245 Clayton Avenue Rosemount, MN 55068 �. Rosemount Town Pages AFFIDAVIT OF PUBLICATION Diane Berge,being duly sworn, on oath says that she is an authorized agent and employee of the publis�ier of the newspaper, knowh'as The Rosemount Town Pages, and has fu�l lmowledge of the faets v�hich aze ��' �� stated below: � � � �;� ,„ �.:-. � �wcs�u!m�c.r�or�rrrowr�me ' (A)The newspaper has camplied with all of the requirements consrituting _:..._ _. qualification as a legal newspaper, as provided by Minnesot� Statues ' ��►�-� 3 331A.02,331A.07 and other applicable laws,as amended. I E� .4-,A°-��"O'°"'"'<1��k,�.��, �a �.ar�4, �;.- �(B)The printed ��A h�i f. nn-a-�c� � � m�rrw►ir�., _�: -,�, ��},P � I ��s�Y cuve�r.me c�a�n�r m.:��.. � Qtr of Ro�eao�nt wIU hold a p.blto 6earfnt oo.,.. � ��IdaeL�199MIo�Omoe��m6aoa[O��k , w.... 64�6A�73 USm�sat Ww6 bq�at 8�Q p,m:' which is attached, was cut from the columns of said news a r;and was � a"'°ao°iewi°°"'p°"Ad`'�"g'�`��'{ ' P Pe E e.a�ye�t..w�i�a u i�us cy�u. ; printed and published once each week for s ccessive ��r��:.- �� . �� a y�x'� ��r ,.,�,•;;.-:� `�� r� ;t� >.��.�. f weeks; it was first published on Thursday, the � day of s��,��u,x�,.,�am.c�� , C' 19� and was thereafter printed and pub 'shed on '� �;9 ` � ," t �, . ` w n�a�.�ea,.rmo.� w = .> every Thu day, to and including Thursday, the -Tday of - ' � , - - . ,_19 —; and printed below is a copy of the �°'��'�0�''m's°'m�'"�'"�e�'"� �` lower case alphabet from A to Z, both inclusive, which i hereby '�r��rmre�.a.s�b,�»we�a�„� m�.��.�a�som.�a�,�,� aclrnowledged as being the size aud kind of type used in the co position �;.-,��r,�,�„1�a��,�,,;.., and ublication of the notice: �°"Y°Nas°�''�°°ti R°��*,;- ' p oed�aana s-u ru�t oBDt1vANCB.urBxD�No �_ . O/�i�D�II�yNA�yN�C�B B.CJlYOP tO3BNOlJNT ZONiM3:°; 1�,, �/w�MIMa�I�N4 b. ' . !}IL`aC��"'�"'YY`^"�xn � . . , �N�b�O��{��ax . t � Ranswl ss�mLed b�IbOd�C mec6�0p�, � 1LKh�t�i r eees q�q►�q oaao�eoM w!9 a1a= � BY'----�.-�—�.� � �+�ed pdae�$'dls A�M.Pler� + Title: pesetzer �._,��. '•a�b��••��r�� e1 �.-t�� -�-.t��,.�� Y � � ..� ?r��.i � . Subscribed and sworn to before me on this,��day n,bamaisma'"��,i""�.��'�� -.:, s k of � .��,t �, � , <, ,.�� .�� s..�ae.vwa�,aaa�a�;,� �. � 19�_• 4�7n: ` �t�'"�"'� :n:tool.°qidRoMmo..�. . ��ti� . t _ fr`� Notary Public � AFFIDAVTT /,,:�»�, CONNIE E FIFAREK • �i�u� Notary Public!.+��•�eso�a i� Dak�ta Couniy �$�--' My Comm Exp 5�15-96 � ; _ Permit #: Date ot tssue: . Expiration Date: C(TY OF ROSEh•.OUNT Mineral Extrac�ion Permit Application APPIi^ant: c�� o�.� � �e a.'Ce, �:.o Address: \3a-�- � \ z.� ��_-,-� �Y� . � � �J5 l�`� V - - -- • - � --Street'�vum er T' ity cate • p �e � none� Property Owner Person/Corporation Conducting Extraction Name:��-��e� �,-,',�.-�c,�� o . Name: �o��e� � �r� a�c. �,o . Address�. O . ^1�0� �n�.�� Address: 13 a-�r� ��a,��v+� AYcc . vee ueet S�.�d..i �1,� . �5�v u-�� 1 0��.�,,,-.� �1 r,. T..��o�a ��Y—' tate p ry ta�e—� Phone Number._ l.�\�. - A-'3'1 -O`�O O Phone Number. l��a - �4-��1 - �..01�`1 a. ,*********#*************************#**********************************************************************�**** Purpose of Excavation/Extraction: (Describe in Detai/) �1 �c��e��a.\ �c be. �.X C. v �,.�-e. -c„�, �b C� "7�c c�e.E sse c� -}�.r �sC. �.�.� F��a\"�_�,.��xes �r c�. \ � _ -•Ya�r � �-�ose c�r. va��w s h•.al,wa.. � ��-Y��.� T �Y.� \ -�c �n C cm �'t�C'.�c,� ��ti-� '��o� eC� . �x**:,r*******:******,r****************************************************#**********,r*************«************k `, Property In orma`ion / Ex avation Site � �'4 Legai Description: \ ��e �o�c�\� Ia e� ��e. Sc.v�L�sS � \ � (Include P.I.D.#) �� Ct��ti. a�- \�2.,... -'��. ;� � \.�'-J N . � ��a�.o � �G. W. �a��. �c , �11,� . TOTAL ACREAGE: .�� Type of Material to be Extracted: �� cave,` Total Cubic Yards to be Extracted: Q O . oD o , Estimated Number of Years of Operation: � v ea�a Estimated Date for Completion of Site Rehabi(itatian:�ec. . �Qa J Access/Transport Routes: _ �• !-\ . �� , � � �a y �� , ,,r-�,� o v+��, —��a�s 3S -�-a -4-8 `t i � `i� , (Names of highways,streets or other public raadways within the City upon which the materiaf wili be transported) ?1:i.t penni� upon autl:orization by Ciry Council, is valid from January 1 througJ:December 31 of tlie year of issuance. 7he proposed minerttl extraction will be reviewed according to submi lans and description of tl:e proposed operation ns required under pro��isioru detailed in City of Rose»:ount Zonin Ordin c� Section 14.8 1KlNERAL EXT�2AC?70N. In submitting tl:is Application d:e applicant recognizes the requir enLt se ori h tJie City of Ros moru:t Z�ni Ordinm:ce for ll�e regulation of mi�ti�:g and agrees ro n:eet those conditi prior t re ting ap oval of iis pe it. �\ - \l�- �►� ...w..� r" : Date Signature of Applicant J/ � (OVER) V �s � _� � � _ o � � � - I 4 I ' �� ( I � � -- N _ - tp , � _ . � � - N ; . : ••:�:.,^;;��:>'.�.�..'�,�'' �:�;:''��' � � +!{:lff�4 4r f1 4 f�• >° �''��. �' ',s�":• .. J :.A ��+ m . •'•iv+� � ;� . W <}{h�.}:n . •W� JJ _ > 6 � � � CO. RD. SB . � . . I . e � . . � . I � C.S.A.H. 42 "� � � -.-,-_�../ � _ ., ,, -:c �� {�� '�:� i 4�3 j�+N t ._ . ' . ; ��.��TI`�}�W^.. 1' . . . , + *.� . . � �, �� ''i�� . . � MINERAL EXTRACTIDN PERMIT �OCATION MAP SOLBRERG AGGREGATE / KOCH REFINING C0: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLIITION 1994- A RESOLIITION APPROVING THE 1994 MINERAL EXTRACTION PERMIT RENEWAL FOR TSE ROCH REFINING COMPANY PROPERTY WHEREAS, Koch Refining Company, property owner, and Solberg Aggregate Co. , operator, of the mining operation located on the west side of STH 52, just south of the refinery flare towers, 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 oPSEREAS, 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 Extraction Permit subject to the conditions listed on Exhibit A entitled Minera3 Extraction Permit, 1994 Conditions for the Koch Refining Company/Solberg Aggregate Co. 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, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor• Voted against• , KOCH-SOL.094 March 2,1994 Mineral Extraction Permit 1994 Conditions For Mineral Extraction Permit Renewal KQCH REFIIVING CO. - SOLBERG AGGREGATE CO. A. That Koch Refining Co. (hereinafter "the Property Owner") and Solberg Aggregate Co. (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 wiuch is attached hereto as one of the exhibits dated C. That the term of the permit shall extend from January 1, 1994 untii 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 ta 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 Qperator 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 tune. 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 obtain any access permits or easements necessary for ingress and egress. The location of the aceesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County �Iighway Department or the 1Vlinnesota 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 Gity: The Operator shall clean dirt and debris from streets that has resulted from extraction or hauling operatians 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 praperty. 1494 Mining Permif SolbergiKoch 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 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 perrnit area shall be the sole obligation and expense of the operator. K. That all costs of processing the permit, inclading 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 Opera.tor agrees to reunburse the City for any other costs incurred as a result of the granting or enforcing af 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 andlor the Owner deposit with the Planning Department a surity bond or cash escrow in the amount of T�vo 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 officials. (4) Conditioned that the Operator and the Owner will secure the City and its officers hannless against any and all claims, or for which the City, the Council or any City off'icer 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 permit 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 Minir' Soi. Pak N. That the Operator furnishes a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an arnount 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 lea.st 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 aris'vng 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 notification of adjacent property owners, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation. P. That the Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. That the Operator and the Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees which the City may pay or incur in cansequence 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. Modif'ications or expansion of the mining areas must be approved in writing to the City. S. That the Operator shall incorpora.te best management practices for controlling erosion 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 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 reclaimation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). 1994 Mining Permit SolberglKoch Page 3 of 4 That Koch Refining Co., a Minnesota resident, the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. By: Date: That Solberg Aggregate Co., a Minnesota resident, the pit operator, hereby consents and agrees to the foregoing conditions of said mining permit. By: Date: 1994 Mining'Permit Solberg/Koch Page 4 of 4 ;�b ��= " �` ' `' G7Y HALL � �r�g� C I TY O F RO S E M O U N T z8�5—,45th s��t West ;� P.O.Box 510 Rosemount,MN - Everything's Coming Up Rosemount!! 55oba-o5�o ��"'�'` � � �Phone:�612•423-4411 � � " � Fax:612-423-5203 Public Notice KOCH REFINING - PROPERTY OWNER MINERAL EXTRACTTON PERNIlT RENEWAL - 1994 Solberg Aggregate Co. - 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 Wednesda.y, March 2, 1994 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 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'/a). _ The puipose of this hearing is to receive public comment on the application received from Solberg Aggregate Co. far renewal of a Mineral Extraction Permit for 1994 on property owned by Koch Refining, Inc. as required in Ordinance B-20 AN ORDINANCE AIVIENDING ORDINANCE B- CITY OF ROSEMOUNT ZONING ORDINANCE. Persons wishing to speak on this Mineral Extract Ferrnit 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 City of Rosemount Planning Department. Dated this 18th day of February, 1994. , � r--� / /� �� ,, ,,G � Susan M. Walsh, ity Clerk City of Rosemo nt Dakota County, Minnesota ��,��. � � � � � .� conrainina 30 a � . pO51K0/ISULIYI I)1.)�p/�d15� Solberg A��re�ate/Koch Refinin,g Mineral Extraction Permit Renewal (1994) Mailing List l. Koch Refining Co. 34-01400-014-01 P O Box 2256 34-01400-014-01 Wichita, KS 67201 34-0I400-015-Ol 34-01400-017-01 34-01400-018-01 34-01400-010-05 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 34-0140Q-Q14-85 34-01500-010-01 2. Charles Koehnen 34-01400-012-09 12255 Rich Valley Boulevard Rosemount, MN 55068 3. 4. Solberg Aggregate Ca - PETITTONER - 13245 Clayton Avenue .`:4- o Z4v0- v i v-/3 Rosernount, MN 55068