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HomeMy WebLinkAbout6. Bituminous Roadways, Inc. Mineral Extraction Permit Renewaleily of (Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Willcox Affidavit of Mailed & Posted Hearing NoticeDenn sr Wippermann ADMINISTRATOR Bituminous Roadways, Inc. - Mineral Extraction Permit Rene*,drn Jill Otto Ped Property - 4992 145th Street East STATE OF MINNESOTA ) 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 June 17, 1992 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 for renewal of a Mineral Extraction Permit as requested by Bituminous Roadways, Inc. for the property located at 4992 145th Street East, 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. Suan M. WaIA City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this _ day of _OAJLA— 1992. SMyDENISE t. WERNER NOTARY PUBLIC—MINNESOTAAI�L CL�A DAKOTA COUNTY Comm. Expires sept. 26, 1996 Notary Public 6verylhtngs coming `Up RosemounlY � � re<v<ied nace� �iiy of Rosemount PHONE (612) 4234411 2875 . 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 4235203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats CITY OF ROSEMOUNT Harry Willcox Dennis Wippennann Public Notice ADMINISTRATOR Stephan Jilk Bituminous Roadways, Inc. Mineral Extraction Permit Renewal Otto Ped Property - 4992 145th 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, July 7, 1992 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 comments on the application received from Bituminous Roadways, Inc. for renewal of a Mineral Extraction Permit. The mineral extraction project is estimated to last three years. Phase 1 encompasses approximately 15 acres of the subject property and is scheduled for completion in 1992. As set forth in the conditions of the permit, mineral extraction activity is limited to a site not to exceed 39 acres of the entire property. The subject property is owned by Otto Ped and is generally described as the West 871/2 acres of the Southeast Quarter and the East 75 acres of the Southwest Quarter of Section 29, Township 115, Range 18; subject to highway easement over the north 50 feet (P.I.D. #34-02900-010-50) and addressed as 4992 145th Street East. Persons wishing to speak on this issue are invited to attend this meeting on Tuesday, July 9, 1992 at 8:00 p.m. Dated this 17th day of June, 1992. Susan M. Walsy, City Clerk City of Rosemount Dakota County, Minnesota 6verylking's Cooming (Yb (RosemounlY Bituminous Roadways, Inc. - Mineral Extraction Permit Renewal (1992) Mailing List 1. Melvin G. Astleford 34-02100-011-50 1200 Highway 13 West 34-02100-010-65 Burnsville, MN 55337 34-02100-011-90 34-02800-010-05 34-02800-010-10 34-02800-010-15 34-02800-011-25 34-02800-011-30 34-02800-011-36 34-02800-010-50 34-02800-010-75 34-02800-010-01 34-02000-010-82 34-02000-010-92 34-02000-010-36 2. David A. & Nancy V. Phillips 34-02800-012-30 3583 142nd Street East Rosemount, Mn 55068 3. Rich T. Burger 34-02900-010-10 1200 Highway 13 West Burnsville, MN 55337 4. Dale B. & Betty L. Agre 34-02900-010-15 14175 Eilers Path Rosemount, MN 55068 5. Pine Bend Development Co. 34-02900-010-20 1200 Hiway 13 West 34-02900-010-25 Burnsville, MN 55337 34-02900-010-35 34-02900-010-75 34-02900-010-01 34-02900-010-19 6. Richard C. & Ramona A. Cordes 34-02900-010-60 4594 145th Street East Rosemount, MN 55068 7. Adolph & Otto Ped 34-02900-010-50 4992 145th Street East (Site) Rosemount, MN 55068 8. John Reese 34-02900-010-69 4230 145th Street East Rosemount, MN 55068 9. Raymond A. & Rosella Rahn 34-03000-010-09 3855 145th Street East 34-03000-010-25 Rosemount, MN 55068 34-03000-010-30 10. Frank A. Jr. & Betty J. Knoll 34-03000-012-75 4322 145th Street East Rosemount, MN 55068 11. John A. Reese 34-03000-013-75 7436 Chaparral Road East Unit #112B Scottsdale, AZ 85253 12. John J. Ostertag 34-03000-014-75 4230 145th Street East Rosemount, MN 55068 13. Marlin W. & Joann Rechtzigel 34-03000-011-35 3540 140th Street East 34-03000-012-35 Rosemount, MN 55068 14. Hans J. Abrahamsen 34-03000-010-50 1700 Bellows 34-03100-010-01 West St. Paul, MN 55118 34-03100-010-11 34-03100-010-19 34-03200-010-35 34-03200-010-60 15. Ken & Linda Schindeldecker 34-03100-010-21 4485 160th Street East Rosemount, MN 55068 16. Henry J. & Catherine Fox 34-03200-010-01 15391 Emery Avenue 34-03200-010-25 Rosemount, MN 55068 34-03300-010-12 34-03300-011-62 34-03300-010-62 17. Henry & Harriet Sahli 34-03300-010-35 15172 Emery Avenue Rosemount, MN 55068 18. Harvey & Bernice Swoboda 34-03300-011-40 15400 Emergy Avenue 34-03300-014-40 Rosemount, MN 55068 19. Chad W. Nelson, Project Manager APPLICANT Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 55407 Farmington Independent cityof Rt AFFIDAVIT OF PUBLICATIONBffundWuss'cRoad ays, W.'" Minerat J xb-Acdon Permit Renewal Diane Berge, being duly sworn, on oath says that she is an authorized Otto Ped P-pety - 4992145th Sa,ee1 East agent and employee of the publisher of the newspaper, known as The gPNOTICE TO SEM IT MAY Y GIVEN, IS HEREBY GIVEN, the City Farmington Independent , and has full knowledge of the facts which are Council of the City of Rosemount will hold Stated below: a public hearing on Tuesday, July 7, 1992 in (A) The newspaper has complied with all of the requirements constituting the Council Chambers of the City Hall, 2875 5th street west, beginning at s:oo qualification as a legal newspaper, as provided by Minnesota Statues or p.m. or as soon thereafter as possible. 331A.02, 331A.07 and other applicable laws, as amended. The Purpose of this hearing is to receive (B) The printed171Lrt� 0 comments on the application received from `-r Bituminous Roadways, Inc. for renewal of a Mineral_ Extraction Permit. The mineral extraction project is estimated to last three years. Phase 1 encompasses approximately which is attached, was cut from the columns of said ne spaper, and was 15 acres of the subject property and is printed and published once each week for successive weeks; it was first Thursday, the '�^ da scheduled for completion in 1992. As set forth in the conditions of the permit, mineral published on of P Y� �`J — Y 19and was thereafter printed and published on extraction activity is limited to a site not to exceed 39 acres of the every Thursday, to and including Thursday, the - __day of entire property. The subject Property is owned by Otto Ped and 19 —, and printed below is a copy of the is generally described as the West 871/2 lower case alphabet from A to Z, both inclusive, which is hereby acres of the Southeast Quarter and the East 75 acres of the Southwest Quarter of Section acknowledged as being the size and kind of type used in the composition 29, Township 115, Range 18; subject to and publication of the notice: i highway easement over the north 50 feet (P.I.D. #34-02900-010.50) and addressed as 4992145th Street East. Persons wishing to speak on this issue are (� By: invited to attend this meeting on Tuesday, July 9, 1992 at 8:00 p.m. Title: Administrator for the Publisher Dated this 17th day of June, 1992. SubSCP ' d and sworn to before me on this --- d a Y By Is/ Susan Ni Walsh of Susan M. Walsh, City Clerk 19 City of Rosemount \ 1 Dakota County, Minnesota 6/25 otary Public AFFIDAVIT lAAAAAAAAAAAAAAAAAA® LISA M. SHERVHEIM '. `r NOTARY PUBLIC -MINNESOTA _=^ DAKOTA COUNTY My Commission Expires Nov. 19, 1992 City of Rosemount Executive Summary for Action City Council Meeting Date: JULY 7, 1992 Agenda Item: Mineral` Extract Permit Renewal Bituminous Roadways, Inc. Agenda Section: PUBLIC HEARING Prepared By: Lisa Freese Agff Director of Planning Attachments: Permit Conditions; Location Approved By: Map;: Phasing Map, Planning Commission Reviews." Mr. Chad W. Nelson, Project Manager for Bituminous Roadways, Inc., has applied for renewal of the Mineral Extraction Permit for Otto`Ped's property located at 4992 145th Street East. The original permit was approved in July, 1991._ The overall ,scope `of the mineral extraction permit will involve approximately 39 acres of the 162.5 -acre site. The extent of work completed in 1991 was limited to construction of an access road to the mining site. The anticipated phase of operations for 1992 will involve 15 acres. Based 'upon a standard of $2,000 an acre, a performance bond of $30000 will be required for the renewal of the permit for this year. The Planning Commission reviewed the application and motioned to recommend approval Conditions of Bituminous Roadways, Inc. Mineral Extraction Permit Renewal, Phase I - 1992 A. That Bituminous Roadways, Inc. (hereinafter "the Operator") sign a written consent to these conditions binding itself and its successors or assigns to the conditions of the said permit. B. That this permit is granted for the area designated as Phases 1, 2 and 3 on Exhibit A which is attached hereto as one of the exhibits dated December 19, 1989. C. The term of the permit shall extend from July 7, 1992 until December 31, 1992 unless revoked prior to that for failure to comply with the permit requirements. Thereafter, any application for renewal of the permit shall be made at least sixty (60) days prior to the expiration date. A mineral extraction permit fee of $250 shall be paid to the City of Rosemount. D. That all required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "the City") or any of their agencies be obtained and submitted to the City prior to the issuance of the permit. That failure by the Operator to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. That the final grading for the permit area shall be completed in accordance with Exhibit A and the support materials submitted with the permit application dated May 15, 1991. F. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 from the location shown on Exhibit A and the designated truck route to (and from) the site shall be C.S.A.H. 42 east to Highway 55, north on Highway 55 to the City boundary. It shall be the Operator's responsibility to obtain any easements for ingress and egress. A plan for dust control shall be submitted and approved by the City. G. That the surface water drainage of the mining area shall not be altered so as to interfere or affect the natural drainage of the adjacent property. H. No topsoil shall be removed from the site and the Operator shall take necessary measures to prevent erosion of the stockpiled top soil. 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 Engineer or any other City employee for the purpose of insuring that the 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. J. That the daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., subject, however, to being changed by the City Council. K. That the Operator deposit with the City Clerk a surety bond or cash escrow in the amount of $30,000 dollars in favor of the City for Phase 1 of the operation. The surety bond 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 surety company to cancel the same upon thirty (30) days written notice to the permit holders 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 pursuant to the permit and as required by the City and all reasonable requirements of the Engineer or other City officials. (4) Conditioned that the Operator will secure and hold the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Operator. (5) The surety bond or cash escrow shall remain in effect from July 2, 1991 until June 30, 1992. Upon thirty (30) days notice to the permit holder and the surety 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. L. That the Operator furnishes a certificate of comprehensive general liability insurance issued by insurers fully licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million and no/100 ($1,000,000.00) Dollars and damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as co-insured and shall remain in effect from July 2, 1991 until June 30, 1992. M. That no processing or mining 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. N. That the Operator shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. That the Operator shall indemnify the City 2 for all costs, damages or expenses, including but not limited to attorney's fees which the City may pay or incur in consequences of such claims. O. That the Operator comply with such other reasonable 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. P. This permit authorizes mineral extraction in Phase I of the approved phasing plan. All future phases shall be limited to a maximum of 15 acres. Complete mining and partial reclamation is required in each phase before any addition mining is authorized. No more than 19 acres may be in operation during the transition between the phases. Modifications or expansion of the mining areas must be approved in writing to the City. Q. 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 topsoil shall be spread evenly on the site with minimum depth being no less than four inches after reclamation. That Palmer G. Peterson, President, Bituminous Roadways Inc., 2825 Cedar Avenue South, Minneapolis, Minnesota, pit operator, hereby consents and agrees to the foregoing conditions of said mining permit. Dated this day of , 1992. Palmer G. Peterson That Otto Ped, property owner, hereby consents and agrees to the foregoing conditions to said mining permit. Date: 0 in 3 w P U B -_ -- r -- - - � I t X30 «... 29 - AGP* AGP i AG i � 11i '.'� +• . ' PUB 2 Iq i AGP 32 AG M \ ... ..:. 2L 1 :; AGP GRADING PLAN SOLE: I' - 200 I hereby Certify that ;Ilan nr r• .rt was prepared by We or uuJer my dirPLt'. -� suoervision and that 1 am a duly Req - a a istcred Professional [nrlineer under Uic laws of the State of tlinneso Ld. IDATE —° C GRADING PERMIT DRAWINGS OTTO PED PROPERTY ROSEMOUNT,MN. — . 1~58814{.• 11e�iu.•rr'i81�.lu4, (Pity of Rosemount PHONE (612) 4234411 2875 -145th Street West, Rosemount, Minnesota FAX (612) 4235203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 5506&0510 TO: Planning Commission FROM: Richard Pearson, Assistant Planner DATE: June 3, 1992 SUBJ: June 9, 1992 Regular Meeting Reviews Agenda Item 7(a) ATTACHMENTS: Location map Phasing map Permit conditions Permit application 7a. Bituminous Roadways Mineral Extraction Permit Renewal Otto Ped Property - 4994 145th Street East MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Staats Harry Willcox Dennis Wtppermann ADMINISTRATOR Stephan Jilk Recommended Motion: Motion to recommend approval of the Mineral Extraction Permit renewal subject to the attached conditions and request that the City Council schedule a public hearing for the permit renewal. Mr. Chad W. Nelson, Project Manager for Bituminous Roadways, Inc., has applied for renewal of the Mineral Extraction permit originally approved in July, 1991. The mining project is estimated to last three years with phase #1 mining approximately 15 acres in 1992. The extent of the work completed in 1991 was limited to construction of an access road to the mining site. Phase #1 will require a performance bond in the amount of $30,000 based on S2,000/acre as a standard. Subsequent phases may require larger bonds. �VC'ii�}�11Y19S �O:11i119 `VLp (Rosemounl!!