HomeMy WebLinkAbout5.b. Lance Johnson Mining PermitCITY OF ROSEKOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 5, 1992
AGENDA ITEM: LANCE JOHNSON MINING PERMIT
AGENDA SECTION:
OLD BUSINESS
PREPARED BY: LISA J. FREESE,AGENDI'm
I LM # 5B
DIRECTOR OF PLANNING
ATTACM1ENTS: MEMO, MINING PERMIT,
APPROVED BY:
CORRESPONDENCE, PC REVIEW
Lance Johnson has applied for renewal of his mining permit for his property
located on the west side of Rich Valley Boulevard in Section 14, Township
115, Range 19. The phasing plan for this mining permit was originally
approved in 1982 with the recognition that the mining would continue for
several years. Last year the Bituminous Roadways was the operator. Mr.
Johnson has indicated that Friedges Landscaping will be the primary,
operator in 1992 and that Bituminous Roadway may continue some mining
operations at the facility.
At their January 28, 1992 Regular Meeting, the Planning Commission
recommended approval of the mining permit as presented by staff. The
attached memo discusses the conditions that differ from previous permits
issued to Mr. Johnson for his mining operation. The memo also overviews
subsequent discussions between staff and Mr. Johnson since the Planning
Commission review of the permit. Staff is recommending approval of the
permit as currently drafted.
RECOMMENDED ACTION:
Motion to approve the Lance Johnson Mining Permit subject to the mining
permit conditions and to authorize execution of the permit.
COUNCIL ACTION:
(i5ity Of Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
Edward B. McMenomy
FAX (612) 423-5203 Mailing Address:
P.D. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheds Klassen
James (Red) Stasits
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
TO: Mayor E.B. McMenomy
Council Members: Klassen, Staats, Willcox, Wippermann
FROM: Lisa J. Freese, Director of Planning
DATE: May 1,19 9 2
RE: Lance Johnson Mining Permit
On January 28, 1992, the Planning commission reviewed and
recommended approval of the Lance Johnson Mining Permit subject
to the conditions recommended by myself and Public Works Director
Ron Wasmund. Changes from the previous permit include:
1) A required surety of $68,000 instead of $34,000 for
restoration;
2) A requirement that the owner, Lance Johnson, post the surety
rather than the operators;
3) That the hours of operation be changed from 7 a.m. through 8
p.m. to 7 a.m. to 7 p.m. consistent with current ordinance
requirements;
4) That the previous operator's bond remain in effect until
June 30, 1992 to ensure adequate restoration of the area
previously disturbed in the required 75 foot setback area;
and
5) That Mr. Johnson submit a revised phasing plan at the time
of his 1993 permit renewal application.
At Mr. Johnson's request, staff delayed placing this permit on
the City Council agenda for action to allow him time to consult
with his attorney on these conditions. Included in your packet
is the correspondence from Mr. Johnson's attorney, Mr. Malkerson.
these materials were referred to Mr. Mike Miles the City's
Attorney for his review and response. City Staff requested that
Mr. Miles work directly with Mr. Malkerson on these issues and
report back to the City. It is my understanding that Mr. Miles'
legal review supported staff's recommendations and that Mr.
Malkerson was informed of that.
(Siverything, 0 (Rosemounly
s Coming UP
Lance Johnson Mining Permit
May 1, 1992
Page 2
City staff had been waiting for Mr. Johnson to give notice to
proceed when he contacted Mayor McMenomy about being placed on
the City Council's April 21 agenda.
All of the condition changes reviewed and recommended by the
Planning Commission are still included in the mining permit that
you ar considering for action on Tuesday. At Mr. Johnson's
request, however, the revised phasing plan condition (Item R) has
been further clarified by staff since the Planning Commission
meeting. Input on this clarification was also provided by Mr.
Johnson's attorney. The proposed language in the permit still
requires the development of revised phasing plan. This revised
phasing plan is to be based on a resource assessment conducted by
Mr. Johnson prior to submittal of his next renewal application.
The revised phasing plan submitted by Mr. Johnson requires the
designation of at least 20 percent or approximately 7 acres of
the site for reclamation by the end of the 1993 operational
season. The phasing plan also must include an estimated
completion date of the mining operation for the other identified
phases, based on present mineral extraction volumes.
Staff would like to also advise the City Council that on
Thursday, April 30, Mr. Johnson contacted Mr. Jilk regarding a
proposal to have one of the operator's post the entire surety
requirement of $68,000 listing the City and Mr. Johnson as
obliges. This request is being referred to the City Attorney for
legal opinion. Pending his advisement, staff continues to
recommend that Mr. Johnson be required to post the surety rather
than one of his operators.
lj
Conditions of Lance J. Johnson Mining Permit
A. That Lance J. Johnson (hereinafter "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 Phases 1,
2 and 3 on Exhibit A which is attached hereto as one of the
exhibits dated August 13, 1982.
C. That the term of the permit shall extend from January 1, 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 mining permit
fee of $250.00 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 "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 the attached exhibits, revised December, 1990,
and any other conditions as may be imposed by the City from time
to time.
F. All gravel trucks shall enter and exit the mining area from
County State Aide Highway No. 71. It shall be the Operator's
responsibility to obtain any easements necessary for ingress and
egress. The location of the easements for ingress and egress
shall be approved by the City and 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
adjacent property.
H. Any costs incurred now or in the future in changing the location
of the Williams Bros. Pipeline located within the permit area
shall be the sole obligation and expense of the Operator.
I. 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.
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 Sixty -Eight Thousand and no/100
($68,000.00) Dollars in favor of the City. The required 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 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
permit and as required by the City and all reasonable
requirements of the Public Works Director 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
January 1, 1992 until July 30, 1993.
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 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/140
($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 January 1, 1992 until June 30, 1993.
M. That the bond posted by Bituminous Roadways, Inc. for the 1991
permit remain in effect until its expiration date of July 30,
1992 for the purpose of insuring that all setback areas
encroached in by Bituminous Roadways, Inc. be restored by June 1,
1992.
N.
That construction of any ponding areas or wash plants shall
require additional City Council approval and notification of
adjacent property owners.
0.
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 for all costs, damages 44
or expenses, including but not limited to attorney's fees which F
the City may pay or incur in consequence of such claims.
P.
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.
Q.
Complete mining and reclamation is required in phases 1, 2, and 3
before any additional mining is authorized. Modifications or
expansion of the mining areas must be approved in writing to the
City.
R.
At the time of the 1993 mining permit application, the Operator
must submit a plan which includes the following:
1. A summary of a resource assessment study to be
conducted during 1992 by a qualified soil
engineer.
2. A revised phasing sequence delineated on a
topographic survey of the property. The revised
phasing plan shall include:
a) The designation of at least 20 percent or
approximately 7 acres to be reclaimed by
the end of the 1993 operational year; and
b) An estimated completion date for the other
identified phases of the mining operation.
s.
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 reclamation.
That Lance J. Johnson, a Minnesota resident, pit operator, hereby
consents and agrees to the foregoing conditions of said mining permit.
Av
Dated this day of 1992.
By:
Lance J. Johnson
POPHAm HAIK
2400 0NtTA&0A CENTER SCNNo.4RICM 8 KAVKMAN, LTD.
1200 SCVCNTCCNTN STREET
DaNT6111, 9969PAD090202
TCLC►I/oNc 203.993.1200
TELECOPIER009-00S-2194 MINNEAP01.1S, MINNESOTA
&,C,0CQNTR.IAT 0INAN6IAL CCNTCR V1%UCE D, MALKERSON, ESO.
IOOS.E. SECOND 0TRE6T DIRECT DIAL, (8 12) 834.2895
MIAMI, /LOP19A $2121
TtLEr"DNt 304.430-0050
Tawwop1EA 305-5310.0055 February 17, 1992.
Mr. Lance Johnson
17698 Icon Trail
Lakeville, MN 55044
Re Mining Permit — City of Rosemount
Our File No. 13789-001
Dear Lance:
I. OVERVIEW
9100 P—tA .1A V rAM TOWER
1x1 501.11" NINTR *TA66T
MI N N EAh00:. MIN N ESOT.A 55402
TF.,ER.+ONE 612.033-6000
TEL.OW01E0 612-3344910
13001 STREET, N. W.
6 wt E 500 tAST
WA;.IIN6TON, D.C. 20006
TELCPNONt 102-DOOL-9700
TELECORIVR 202-962.9990
This letter will summarize the discussions we had in my
office on February 14, 1992 concerning the existing and proposed
conditions of the Lance J. Johnson Mining Permit in the City of
Rosemount.
II. DISCUSSION OF HOURS OF OPERATIONS
You indicated to me that the existing permit which had been
issued in 1991 provided that the hours of operation would be from
7:00 a.m. to 8:00 p.m. and that the proposed permit condition was
for 7:00 a.m. to 7:00 p.m. You noted to me that there had been no
evidence of any complaints from your prior operations and that there
was a need to operate until at least 8:00 p.m. because of the short
construction season. Not only have there been no complaints, but
your property is surrounding by the Koch Refinery Company property
so it is unlikely that an hour more of operations from 7:00 P.M. to
8:00 P.M. will have any adverse effect on any neighbors. Moreover,
the access road to your property is via a major highway so again,
any truck hauling will not have an adverse effect on the neighbors.
it seems to me that it would be arbitrary for the City to limit you
to a 7:00 p.m. time period when there is no evidence of any
problem. If problems ever did arise, the City would be able to
address such problems during the year of operations or in the
Mr. Lance Johnson
February 17, 1992
Page 2
subsequent mining permit renewal. The City should not be worried
about any precedent set by allowing you to operate to 8:00 p,.m,
because of the unique circumstances relating to your property.
III. BOND REQUIREMENT - PARAGRAPH K'AND M OF PROPOSED RESOLUTION
In the 1991 permit, paragraph K required a surety bond or
cash escrow in the amount of $34,000 or approximately $1,000 per
acre to ensure that all of the areas that had been disturbed would
be reclaimed in the event you or the operator did not reclaim them.
The proposed 1992 permit, paragraph K, proposed a $68,000 bond. You
have indicated to me that you discussed with the City the fact that
in 1992 Friedges Landscaping, Inc. will be the day-to-day operator
on the site and that Bituminous Roadways, Inc. had Supplied the
$34,000 bond last year, which bond is in effect until July 30, 1992,
and woo 3d not be opPratinq on the property independently except to
the extent necessary to reclaim the property.
You indicated that you would be meeting with Bituminous
Roadways, Inc. and Friedges Landscaping, Inc. to make sure that
Bituminous Roadways, Tnc. did complete the reclamation as required.
Insomuch as the City will have the bond from Bituminous Roadways,
inc. until July 30, 1992, that should be sufficient to take care of
that portion of the property previously disturbed and an additional
bond of only $34,000 should be required at this time. I suggest
that the language GPt forth on the attachment hereto be used in lieu
of Paragraph M in the proposed Resolution.
IV. PARAGRAPH R OF THE PROPOSED PERMIT
Proposed paragraph R states that at the time of the
application for the 1993 mining permit you must submit a plan for
complete reclamation of the area described as Phase I and that
restoration shall be completed by October 15, 1993. You indicated
to me that like many sand and gravel operations throughout the metro
area, it is impossible to fully reclaim Phase I at this point
because of the fact that in the development of the sand and gravel
products for use by the State, the City and private contractors, it
is necessary to mix materials from various phases on the property.
Because of this mixing requirement, it would be impossible to
utilize all of the good material in Phase I by October 15, 1993 and
if the City required you to complete Phase I by that time you would,
in effect, lose a substantial amount of material and would incur
substantial damages because of that. I am sure the City does not
want to be in a position to force you to suffer such losses but
instead wants to make sure that the entire area is•'reclaimed when it
is appropriate and that sufficient security be provided in the
interim. I have therefore suggested some different language as set
forth on the enclosed attachment.
Mr. Lance Johnson
February 17, 1992
Page 3
V. SUMMARY
If I can assist you in any other way, please let me know.
Very truly yours,
Bruce D. Malkerson
346BDM/6-8:sam
Enclosures
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Its: Lance Johnson •- Mining Permit - City of Rosemount.
out ftt,* no. 11789-001
near XiM.:
Agte3r we ,discussed the proposed Fernit conditions on
February 20, 1992, 1 spoke again with M* client, LanCe -JGhnSon,
cone-Arning the facts related to the city's present request that he
provide a $69,000 bond in addition to the $34,000 bond thst teas been
provided by Situminovs Roadways, Inc., which bond expires on
July. 30, 1992 and was required by the City "for the puYPose of
ensuring that all Setback arvan encroached d ire by, Bituminous
Roadways, Inc. be restored by June 1, 1992.'
Lance reminded me that last year thea City COuncii determined
that this bond- from Bituminous Roadways, in additi.aa to a bond for
$34,000 woUld be sufficient for the 1991 permit. Based upon the
facts as I underataud them, it seams to me that the City Council
should take the some position this year since the facts have not
changed.
Lance's understanding is that situminous Roadways, ,Inc. had
disturbed property of one to two acres in size at most within the 75
foot setback as set forth in the prior mining plan. AsauMing that
the .areas disturbed were two acres in Rise, the #34, Ooo bond fxom
Bituminous . Roadways,. Inc. is obviously more than sufficient to
handle that setback area restoration. Moreover, if that setback
restoration area is not Opmpleted this spring, thea the Cita can
call the band and will kava: more than eriou9h money available to
restore that setback area. As noted in pri r discussions, the other
MAR -09-1992 10:.25 FROM
=ROM PQPHRR NRIK MPLS.t3Z
Febru*-ry 2S P 1992
Fags tw*
TO 42135202 F.04
2.23.1992 12999 F. 3
distu
approxiraatOly 32 acres on thePr ami ed suntile thin materia are
areas triRt Will continue towhich is
60pl.etletd. Me believe that a $3�nd0 band re khan or this asufficie t to
separate ftt�t the Si. interest.
cue event, since this is a
protect the Ctty's interest. In any
transitiea time period on this permit in that in the past the City
required the operator ro provide the bond a d now wants Lance
Johnson to provide a bond, my Client sugga8ts the faiiVti+ixtg, which
hopefully will be seen by tho City as beinq suffiaieut to Protect
the CitY-:
I, The City has One 3au 00 bond
from Bittbeumi nou� 8itymnova
Inc. that can be drawn down Y
Roadways 'does not complete the restoxation as roquired under that
bond,
2. That I.anCe Jonnson will provide an additional $34,000
bond for -the I383 a+eason.
3. La=4 Johnson would l amend of l�t8 i�t?O { 34 at this
�tGt'esoan$2tOfJg
hat
far 199`3 he IAUSt provide a tote
per ser.vi).
In. the above way, the City and Lan0Q will be assured of the
£ect that
Bituminous Roadways h they provided the $34 t oo.o property as bondthey bad
Lanae
promived to 60 and f4
Jobnson feels it is very important that the City maintain continuitY
on this issue in regards to Si:tumiiious Roadways 50 that Bituminous
Roadwoyu Will finish the work as
q $580 this
ohs s ason. Then in 1993
Lance Johnson would provide the
T would appreciate your thoughts on this matter.
very truly yours,
eU4-'C-'- /). 446&a-0'0+�
Bruce D. Molkersan
306BDM131=3Z:8a1q
cc: Pir. Lance Johnson
=KLM PLF'HaM HR11: MF'..5.4-12 �.li.l'�42 11:05 F.
PROPOSED CHANGES TO PERMIT CONDITIONS
M. That the bond posted by Bituminous Roadways, Inc. for the
1991 permit remain in effect until its expiration date of
July 30, 1992 for the purpose of insuring that all setback
areas encroached in by Bituminous Roadways, inc. be restored
by June 1, 3992..
The amount of this bond on file with the Cily is $34,000 and
may be used by the Operator as a $34,000 credit towards the
bond required in paragraph "K" hereof.
In the event that 'Bituminous Roadways, Inc. does not restore
the subject property by June 1, 1992 as required by its bond
on file with the City, the operator shall notify the City of
that fact by June 14, 1992 and the City will cause said bond
to be forfeited and will use the proceeds thereof to apply
towards the cost of the completion Of the restoration
required from that bond.
(Ezisting paragraphs "Q' and "S" are repeated to enable a better
understanding of proposed Paragraph "R")
Q. Complete mining and reclamation is required in phases 1, 2
and 3 before any additional mining is authorized. Modifica-
tions or expansion of the mining areas must be approved in
writing to the City.
R. At the time of application for the 1993 mining permit, the
Operator must submit a plan which shows the following:
1. Estimated amounts of materials available for future
mining in each of phases 1, 2 and 3.
2. A generalized timetable showing when the mining of
different materials from each such phase will be
completed so that certain phases, when depleted of
materials, can be partially and then fully reclaimed
once all materials are removed from each such parcel.
3. As soon as materials are fully depleted from any such
phase, or any portion thereof of greater than 7 acres,
then that phase (or any portion thereon in excess of 7
acres which has been depleted) shall be fully reclaimed
within twelve months thereof, except those areas, if
any, in the phase which are approved by the City for
continued use as stockpile and operating areas to
service the remaining phases which are still in the
process of being mined.
^VCM PCPHAM HHI1: MP*_S.#1-1 2.16.1'+4. 11::E F. 3
S. 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 erasion control, provided also that
the minimum depth of topsoil shall not be less than two
inches after reclamation.
T. Upon timely filing of an application and payment of the
required filing fee, the renewal permit shall be placed on
the agenda for the Planning Commission during the month of
November in each calendar year and on the agenda for the City
Council at its first regularly scheduled meeting in December
of each calendar year.
302BDMf9-10
�iiy of Rosemount
PHONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota
FAX (612) 4235203 Mailing Address:
P.O. Box 510, Rosemount, Minnesota 55068-0510
TO: Planning Commission
FROM: Lisa J. Freese, Director of Planning
DATE: January 24, 1992
SUBJ: January 28, 1992 Regular Meeting Reviews
Agenda Item 5(b)
ATTACHMENTS: Application
Proposed Mining Permit
Existing Bond
1991 City Council Review
1991 Permit
Phasing Plan
Exhibit A
Location Map
Development Plan
5b. LANCE JOHNSON MINING PERMIT
MAYOR
Edward B. MoMenomy
COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
Recommended Action: Motion to recommend approval of the Lance Johnson Mining
Permit subject to the Mining Permit Conditions for 1992.
Lance Johnson has applied for renewal of his mining permit for his property located on
the west side of Rich Valley Boulevard in Section 14, Township 115, Range 19. The
phasing plan for this mining permit was originally approved in 1982 with the recognition
that the mining would continue for several years. Last year the Bituminous Roadways
was the operator. Mr. Johnson has indicated that Friedges Landscaping will be the
primary operator in 1992 and that Bituminous Roadway may continue some mining
operations at the facility.
Last year it was discovered that Bituminous Roadways had encroached into the property
to the north owned by Charles Koehnen. A special set of conditions for restoration for
this property were required of Bituminous Roadways and are included in your packet.
According to Tom Picek, Superintendent of Operations for Bituminous Roadways, the
Koehnen property has been restored but the required setback area on the site has not
been restored as required in the 1991 conditions. The early snowstorm prevented City
staff from confirming the status of the restoration. To insure that the setback area is
adequately restored, the proposed permit requires that Bituminous Roadway's surety
bond remain in effect until all work can be completed and verified in 1992.
6verylhings Coom.ing (Up RosemounlY
Planning Commission Reviews - 2/28/92
Agenda Item 5(b)
Page Two
Since Mr. Johnson is changing operators and may potentially have more than one
operator on the site, City legal counsel is recommending that Mr. Johnson be required
to post the surety rather than the contract operator.
Last year the City Council, upon recommendation of the Planning Commission, reduced
the required surety from $2,000 to $1,000 per acre for a total bond of $34,000. City staff
has again reviewed this surety requirement and considers the $2,000 per acre figure to
be more realistic. The surety is required in order to enable the City to complete
reclamation of the site, if the operator fails to do it. As you will recall, when the Otto
Ped mining permit was approved in July of 1991, a $2,000 per acre surety was required.
In addition to these changes, staff is recommending that Mr. Johnson be required to
develop a reclamation plan for Phase 1 and complete it by the end of 1993. Currently,
all three phases are in operation. The concept behind the phasing plan requirement is
to limit the area under excavation and exposed to the elements. City staff thinks it is
imperative that Mr. Johnson and his contract operators concentrate on completing the
mining in Phase 1 prior to opening up new veins in Phases 2 and 3. By adding
Condition R. Mr. Johnson is being given notice of the City's intent of Phase 1
reclamation in 1993.
Permit #:
Date of Issue:
Expiration Date:
CITY OF ROSEMOUNT
Mineral Extraction Permit Application
Applicant: // C �L° ---I' --f /11 /u/ .!� c, 4/
Address: C � 6 :zStr/ =r '� • /t'%l.t�'�1r'C�a/✓C/-
ee NUMDel ulty 01ae ziQue Prione
7
Property Owner
Name: f� 0 /AA f A 5 fit -Ae c 4(-/ (-
Address:
Street
iy State p
Phone Number:
Purpose of Excavation/Extraction: (Describe in Detail)
Legal Description:
(Include P.I.D. #)
Person/Corporation Conducting. Extraction
�!� ^ cr ! n.c� Sc. a�o� �✓ �i
Name:,
Add ess:
Street
X-,/
ulty state zip
U /
Phone Number:b
Property information / Excavation Site
TOTAL ACREAGE:
Type of Material to be Extracted:
Total Cubic Yards to be Extracted:
Estimated Number of Years of Operation:
Estimated Date for Completion of Site Rehabilitation:
Access/Transport Routes:
(Names of highways, streets or other public roadways within the City upon which the material will be transported)
This pennit, upon authorization by City Council, is valid from January l through Deceniber 31 of the year of issuance. The
proposed mineral extraction will be reviewed according to submitted plans and description of [lie proposed operation as
required under provisions detailed in City of Rosemount Zoning Ordinance, Section 14.8 MINERAL Er-MC770N. In
submitting this application the applicant recognizes the requirements et forth in the City of JZpsernount ting Ordinance
for the regulation: of mining and agrees to meet those conditions p `or to requesting agrova qf this pe :)f.
Date
(OVER)
Or.
,=n —YN
TlIS
AS A MAr-;R OF Il4v�0tMA-!DN CNLY AND CONFERS NC R* -T5
ichrnan-Anders o n UDON "HE CFR-. -91:4 7F l<h ::;Q DOC$ N:�' AM,NO EXTe%0OrALTfir,'r-E
i y top, i c P 1 a c B, w u i t e 656 '_'OV;AA0t AFFOR"D Sy THE PCL!^_1ES 5E,Ovv
325 Washington Ave. So. COMPANIES AFFORDING COVERAGE
i ri r, a a p 1:6 1 i5 MN 55425-2796 1
lz)VKt%;
itum ir101ds Roadways, inc.
325 Cedar Ave. So L4 t1)
inneapolis MN 55407
Cf.)MDANN,
LETTER
A
04 0 1 i 9 i
AMERIrCAN STATES
CfMPANY
'TER
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COMPANY
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4ETTER
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EAZH OCCUR404a $1 0 ool,
COMPANY
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THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LIS -ED eELOV. HAVt BEEN ISSUED TO THE INSUPJzO NAMED A50VF FOR TmE POLiC PERIOD INDICATEC1, NOTWITHSTAN.
DING ANY REQUIREMENT tCRIO Or CONDITION Cr ANY CONTRACT UH UIHLw LXJULIMENT WITH RESPECT T, WHICH THIS CERIlii�A rt MAY 51 ISSUED OR MAY PERTAIN THE
INSORANCE AFFORDED BY THE POL 'CID S DFSCAiI3IE0 HEREIN IS SVPJGC*. TCALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POL ICJGS
TYPE OF INSURAP.*','6 P041CY NUMBER POLICY ;rrv:rsve I PZyl;Cy EXPIRA-.10?4
DATE immDDNN, 04MIMIAIDO!'A^ kL'- LIMITS IN THOUSANDS
GENERAL UABILITY
II
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PRMv TS COMO/M AGGREGATE $2, 000,
OERSDNAL 6 A0.'EAT.,$u1lG INJURY $ 1 1 000
ID500,
EAZH OCCUR404a $1 0 ool,
OTHER
CIAJ ()AMAGj (ANY ONE FIR!I C,
fTj;3jrAt. EXP1%lSj ANY ()NE PERSON) R
it-iits s. wr, are U-
h s r- I rj e f f e - t at i ri c e p t i c. rj I icy.
Inc.
-Greve 1,-Xinin g,Pe rmit_ Lain J., Johnson Propprt
.Ce'G Y_177711t= 11 :�T,'.'- _15 % T X77 77 u s
AUTOM081LE LIABILITY
f; 4 0
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AND
All
500 i
EMPLOYER,`,' LIABILITY I
AUI,
ID500,
EXCESS UADILITY
C 5:4501 10
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51,61 -le 11,5 20 104/01/'PO 104/01/5'1
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WORKERS' COMPENSATION
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AND
500 i
EMPLOYER,`,' LIABILITY I
ID500,
OTHER
"'T ICIN OP=RAT C)NS, L R: S 7 P,;:,- 7 VDN R AL 1Tr%� C
a e s
n a dd t i L d d e F. d L N, S t I:- s c e r cate w; i I rias i ify ,he entire
it-iits s. wr, are U-
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Inc.
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.Ce'G Y_177711t= 11 :�T,'.'- _15 % T X77 77 u s
S40ULD ANN' C: -e T -l" ABOVP DE!CWEFD POLICIES IFIE 'ANC!LLED S;;ORIE THE EX.
'ity of Rosemount D QATIl')t. ro""' T';ZF(p Tr+! ciSUING COMPAINIV VV +'_ L ENDEAVOR TO
-367 - 145th Street East "A:_ :;Atg�iLniF TO *,?'C C;;k7!FCt'E LiOL'Er, NA10;0 TO TME
'osemount, MN 55068 NLIT.Cf S : 'Np 71011. C�r
IV,' BE �j , LIGA I
AN, r1ri;l ;;wt), 1-t -,C,MPANY ITS AGF% !S CA RiPAES:NTATIVEI,
J! T11 -E
I GSSG:: .
7
Amount: $34,000.00 Bond No. U1715176
LICENSE BOND
KNOW ALL MEN BY THESE PRESENTS: That we BITUMINOUS ROADWAYS, INC.
of MINNEAPOLIS, MN
as Principal, and UNITED PACIFIC INSURANCE 9WWYporation organized and existing
under the laws of the State of WASHINGTON, having its principal office at
4 PENN CENTER PLAZA
PHILADELPHIA, PA 19143 , as Surety, are held and firmly bound unto
CITY OF ROSE40UNT as Obligee, in the sum of
THIRTY FOUR THOUSAND AND NO/100------COLLARS ( $34r000.00 ), for the
payment of which sum, well and truly to be made, we bind ourselves, our persona)
representives, successors and assigns, ,jointly and severally, firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT:
WHEREAS, the Principe! has applied far a 15cpnsp from CITY OF ROSEMOUNT
FOR
GRAVEL MINING PERMIT in CITY OF ROSEM=
for the term commencing on the 7ST day of JANUARY , 19 91 , and
ending on the 30TH day of JULY , 19 92
NOW, THEREFORE, if the Principai she -!I, during the aforesaid term, faithfully
observe and honestly comply with such Ordinances, Rules and Regulations and any
Ane dments thereto, as required, then this obligation shall become void and of to
effect, otherwise to remain in full force and virtue.
PROVIDED, HOWEVER, that the Surety may cancel this bond at any time by filing
with the Obligee and the Principal. thirty (30) days w:ittet notice of its desire
to be relieved of liability. The Surety sbell, not be discharged from any lia'bil_ty
already accrt:ed under this bond, or which shall accrue hereunder before the
expiration of the thirty day period.
SIGNED, SEALED AND DATED THIS 15TH DAY OF FEBRUARY 19 91 .
IN TIM PRESENCE OF:
BITUMINOUS ROADWAYS. INC-
BY:
NCA - .'
UNITED PACIFIC INSURANCE Ct.W&L
BY:
MTTPT-r);mw c cuTr"
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: January 2, 1991
r.GENDF, ITEM:
Lance Johnson Mining Permit
AGENDA SECTION:
Application
New Business
PREPARED BY:
Michael Wozniak., AICP
City
AGENDA[ E� � �
Planner
FTTACBMENTS:
Mining Permit Application
APP D Ys
Form, Staff
Memo with attachments.
�f
The City has received a request for renewal of a sand and gravel mining
permit for the east 34 acres of the Lance Johnson Property located off of
Rich Valley Boulevard. Attached with this summary is a memorandum which
outlines issues relating to this permit request.
RECOMMENDED ACTION: Motion to approve the Lance Johnson Mining
Permit subject to the subject to Mining Permit Conditions for 1991
and subject to Property Restoration Conditions for the Charles Koehnen
Property.
COUNCIL ACTION:
FROM:
DATE:
cf?eity of
,osemount
P O BOX 570
2875.145TH ST W
ROSEMOUNT. MINNES^TA 55068
6',2-42a-4411
MSAYOR NAPPER; COUNCIL MEMBERS: KLASSEN, OXBOROUGH, WILLCOX
& WIPPERMAN; AND, CITY ADMINISTRATOR JILK
MICHAEL WOZNIAK, AICP, CITY PLANNER
December 27, 1990
SUBJ: January 2, 1991 - REGULAR MEETING REVIEWS
5a. Lance Johnson Property - Mining Permit Application
The City has received a request for renewal of a sand and gravel
raining permit for the east 34 acres of the Lance Johnson Property
located off of Rich Valley Boulevard. Attached with this review
are the following:
1. Phasing Plan.
2. Grading Plan (revised).
3. Permit Application form.
4. List of Permit Conditions for 1991 permit.
5. List of Conditions for Restoration of Koehnen Property.
6. Location Map
7. Letter of Authorization for Property Restoration signed by
Charles Koehnen.
The current phasing plan, reclamation (grading) plan, and
conditions associated with this mining permit were originally
approved in 1982 with the recognition that the mining would
continue for several years
The current operator of the sand and gravel operation is Bituminous
Roadways, Inc. of Minneapolis and the owner and applicant for the
permit is Lance J. Johnson.
During the last permit period mining was being conducted in Phases
2 and 3 as indicated on the attached Phasing Plan. In a recent
site inspection staff observed that mining had encroached beyond
the Lznce Johnson property boundaries onto the property of Charles
Koehnen (see phasing plan). Kent Peterson, representing the
operator, Bituminous Roadways, has indicated that thisencroachment
onto the Koehnen property was unintentional. Mr. Peterson has
further indicated that the area which was excavated on the Koehnen
property and area that was inadvertently excavated within required
mining setbacks would be restored this spring. A revised grading
nlan has been submitted which indicates the area which will be
restored during the upcoming permit period. A letter has been
submitted providing Mr. Koehnen's authorization to allow
rest -oration of his property to be completed by Bituminous Roadways.
Staff recommendation regarding this matter is that Council should
I.Mining Permit
make approval of the Lance Johnson Property
contingent on Bituminous Roadways agreeing to completely restore
all acreage on the Koehnen property which was inadvertently
excavated by July 1, 1991. City Administrator Jilk has advised
that a separate performance bond, cash escrow or letter of credit
be required to guarantee proper restoration of the Koehnen
property.
Mr. Peterson has indicated that Bituminous Materials intends to
operate on the property for approximately two more years. Current
mining activities are taking place primarily in Phases 2 and 3,
however, a portion of Phase 1 is used as a staging area for
activities being conducted in Phases 2 and 3. Phase 4, is not
owned by Lance Johnson and is no longer considered part of the
Mining Plan. A revised phasing plan has been submitted which
identifies that Phase 4 is not included in the current plan.
During the last permit period the City required that a $25,000.00
Performance Bond be provided to guarantee adequate restoration of
the site should the applicant not meet the conditions of the
permit. As specified in the Zoning ordinance financial security
requirements for mining permits are established by City Council.
This bond amount has been used for many years without being
adjusted. Currently it is the City's policy to require a
performance bond in the amount of $2,000 per acre of area being
excavated to adequately guarantee the ability of the City to have
the property restored should the applicant default on the
conditions of the mining permit. The Lance Johnson property is 34
acres in size and would and, therefore, using the $2,000 per acre
requirment a performance bond of $68,000 would be required. During
Planning Commission consideration of this matter Mr. Johnson argued
that a bond requirement of $68,000 was excessive and that he would
be willing to agree to a bond requirement of $34,000 or $1,000 per
acre. The Planning Commission has forwarded a recommendation to
Council that a bond amount of $34,000 be required. Since the
Planning Commission does not by ordinance have authority to
establish financial security requirements and since the
Commission's recommendation differs from Staff recommendation it
is necessary for Council to evaluate this matter and reach
agreement on an amount of financial security to guarantee site
restoration which is acceauable to the City. City Engineer Rich
Hefti will explain how the $2,000 per acre financial guarantee for
restoration was derived at the meeting.
The Planning Commission has recommended that Council approve the
Lance Johnson Mining Permit Application subject to the attached
list of conditions and revised mining pian and has further
recommended that financial guarantee for site restoration be set
at $34,000.
CITY OF ROSEMOUNT, MINNESOTA
APPLICATION FOR MINING PERMIT
Applicant
.f d
Address
STATUS OAFF APPLICANT:
Owner /1 ,Buyer Lessee ,Other
Property Description
Type of Materie
Cubic Yards of
Access Routes:
Mining Permit W
Date L 2— -- 2.
Telephone%t — %
Estimated Number of Years of Operation:
- F- ,
£ The excavation w.iU be nev.iewed .in tight o6 the on.i.:g.ina.0 pnan, and ij
colvs.iztent theneiau th, a new pevr t`, may be .imbued. The appti.cant heheby ag,*Lcez
to eomp.Cy with the plan zubm,itted by him and appn-oved by .the City. The appticant
unde•'ztiandb that ja tune to comp.Cy with .6a.id pt -an zha t be zul� is i.ent aec%on
6orL.the City to deny bubsequent app.ei.cati.onz and tenminate .the opehati.on.
2-2-
!S-4-gnatuAe ojAppcant Vate
----------------------------------------------------------------------------------
FOR OFFICE USE ONLY
Application Received by
Fee
Plan Submitted
Planning Commission Action
Council Action-f,�nro.'£�r/
Date
Date
D'a to
� - nate
Conditions if approved Sec lir- ` 0/ Co,-?r/i hers
Authorization
Clerk Date
Copy to Applicant
Conditions of Lance J. Johnson Mining Permit
A. That Lance J. Johnson (hereinafter "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 Phases
1, 2 and 3 on Exhibit A which is attached hereto as one of
the exhibits dated August 13, 1982.
C. That the term of the permit shall extend for from January 1,
1991 until December 31, 1991 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 mining
permit fee of $250.00 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 "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 the attached exhibits, revised December,
1990, and any other conditions as may be imposed by the City
from time to time.
F. All gravel trucks shall enter and exit the mining area from
County State Aide Highway No. 71. It shall be the Operator's
responsibility to obtain any easements necessary for ingress
and egress. The location of the easements for ingress and
egress shall be approved by the City and 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 adjacent property.
H. Any costs incurred now or in the future in changing the
location of the Williams Bros. Pipeline located within the
permit area shall be the sole obligation and expense of the
Operator.
I. 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 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 of enforcing of the permit.
J. 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.
K. That the Operator deposit with the City Clerk a surety bond
or cash escrow in the amount of Thirty Four Thousand and
00/100 ($34,000.00) Dollars in favor of the City. The
required 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 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
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
January 1, 1991 until July 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 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 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 January 1, 1991 until June 30,
1992.
K
M. That 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 theCity
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.
0. 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.
P. Complete mining and reclamation is required in phases 1, 2
and 3 before any additional mining is authorized.
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 minimum depth of topsoil shall not be less than two
inches after reclamation.
That Lance J. Johnson, a Minnesota resident, hereby consents
and agrees to the foregoing con itions of said mining permit.
Dated this _3day of , 1991.
By:
Lance J. J ns
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 pe,rmit.
Date: / — By
Palmer G. Peterson
3
Charles Koehnen Property
Conditions for Restoration of Excavated Property.
A. That Palmer Peterson, President, Bituminous Roadways, Inc.
(hereinafter "the Operator") sign a written consent to these
conditions binding itself and its successors or assigns to
the conditions of said property restoration conditions.
B. That permition is granted by the City of Rosemount to proceed
with restoration of that portion of the Charles Koehnen
property designated on Exhibit A which is attached hereto.
C. That restoration of the subject property shall be completed
by July 1, 1991.
D. That the final grading for the permit area shall be completed
subject to compliance with maximum slope requirments specific
in Ordinance B (Zoning Ordinance) and subject to approval of
final grades by the City Engineer.
E. All gravel trucks shall enter and exit the mining area from
County State Aide Highway No. 71. It shall be the Operator's
responsibility to obtain any easements necessary for ingress
and egress. The location of the easements for ingress and
egress shall be approved by the City and a plan for dust
control shall be submitted and approved by the City.
F. That the surface water drainage of the mining area shall not
be altered so as to interfere or affect the natural drainage
of adjacent property.
G. 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 these property restoration
conditions are being satisfied. That the Operator agrees to
reimburse the City for any other costs incurred as a result
of the enforcing these property restoration conditions.
H. That the daily hours of operation for property restoration
activities shall be limited to 7:00 a.m. to 8:00 p.m.,
subject, however, to being changed by the City Council.
I. That the Operator deposit with the City Clerk a surety bond
or cash escrow in the amount of Two Thousand and 00/100
($2,000.00) Dollars in favor of the City. The required
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 the surety company to cancel the same upon
thirty (30) days written notice to the permit holder and
the City.
1
(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 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
January 1, 1991 until July 30, 1991.
Upon thirty (30) days notice to the Bituminous Roadways, Inc.
and the surety company, the City may reduce or increase the
amount of the bond or cash escrow during the term of said
property restoration activity.
J. 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 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 January 1, 1991 until June 30,
1992.
K. That the Operator shall hold the City harmless from all
claims or causes of action that may result from the granting
of authorization to restore said property. That the Operator
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.
L. 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.
M. Reclamation requires the replacement of the entire stockpile
Of topsoil to the excavated 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 belessthan two
inches after reclamation.
OA
That Palmer G. Peterson, President, Bituminous Roadways,
Inc., 2825 Cedar Avenue South, Minneapolis, Minnesota, pit
operator, hereby consents and agrees to the foregoing property
restoration conditions.
Date: By;
Palmer G. Peterson
3
To Whom It May Concern:
I understand and approve of Bituminous Roadways' intention
to restore the portion of my property that they disturbed during
their gravel mining operations on the Lance Johnson property.
This restoration is to take place in the spring of 1991.
Charles Koehnen
S O' : 4 ' 15 A& - 'AJ
L,-&--- -� Sxsr 747.38 Z+ 3"t,
71
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