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Home My WebLink About6.d. BMI Mining Permit � ,h � • j. • P Cf 8QX 5tp C�iI�� 283F 1d5T`H ST. W �+ RQSEMOUNT. MINNES�TA 55Q&8 �J�� 612- q23-4411 TO: CITY COUNCIL ��,tZm � Q/. FROM: MICHAEL WOZN�AK, CITY PLANNER DATE: FEBRUARY 2, 19R9 SUBJ: FEQRUARY 7, 1989 - RE(:UI.AIt R�tEETINC REVIEI'Vti B[TUMINOUS MATERIALS, INC. MIN}NG PER14'tIT As the City Council is aware, Bituminous Materials, Inc. (BMI) of Fairbault has applied for a Sand and Gravel Mining Permit for an 80 acre site located immeadiately south of Soiberg Aggregate on Trunk Nighway 56. The property is owned by M.G. Astelford and would be leased hy �3M[ f�r a period of 10 years The CUuncil reviewed the Environmental Assessment Wc�rksheet ��re�ared for this project at the Decemb�r 20ch Council Meeting and authorized a Negative Declaration which stated that an - Environmental Imapact Statement was nat required for the project. Enclosed with this review� are co}�ies of the foilawing: i) Mining Per►nit Application, 2) Mining Permil Condilians, and, 3) Exhibits A, B, C, which are maps of Existing Conditions, O�crations/Phasing Plan, and Final Grading Plan. The 80 acre site is currently }ocated with the Industrial Park Zoning District within which Sand and Gravel Mining is a perrnitted use subject to mining perrnit requirements. Given that the abutting property (Solberg) is in similar ttse and that i� generai the area is inc�ustrial in nature; allowinR sand and gravel extractian and processing to take �lace c�n the site for L0 years is a reasonable use of the property. The tnajnr cancerns the City shauld have in reviewing a proposal oT this nature is thai the [inai gracies which witl be aehieved fend [hemse�ves to a future use appropriate for the area and ihat the Operatar provide an accepxable Operalions/Phasing Plan which adeqaatety provides far prom�i restoration of the property when mining is eom}�iete. The End Use Grading Plan wltich has been sut�mittec� basical(y ereates a gentle north to sc�uth slope on the site creating a �racle which wc�ulci l�e suital�le for future industrial development. Upon City Sta€f reyuest xhe Applicani modified the Minin� Pian ta preserve the majoriEy of tree covcr Ic�cated along the southern baundary di the site. This is vexy important in term5 of erosion canlrot and screening views oT the operation from the south. The Operation/Phasing Plan iucluding decription ' of the praject in the EAW provide a saund reclamation strategy whic6 suggesis that adequate precautions will be taken ta avoid erosian and sedimentation problems and to ensure #hat the site is incrementally� restored rather than ��aiting until the operation is comp}ete (10 years} to replace topsoil and seed. The iist of Mining Permit Conditions include this review witl provide an enforceable assurance that the Operation �uilt 6e c�nducteci as �raposed and thal the site wiil be acceptably resiored. Most im�orEantly, in the c�nditions Staff is recommending that the appiicant be required to renew this mining permit annvally ralher ihan every cwo }�ears t� ensure that the City can take }�rompt action iI tlte conditions of the permit are ncst t�eing met. Als�, a $Sp,tiOC) perfoernance bond is bein� reyuirc�l ic� �;uarantee site reste�ratican. Since this . . t, ' • • permit will only authorize minin in Phase l of h g t e Pro`ect SO U l , $ , UO woutd definitely cover the cost of site resEoration if the appticant faits ta meet the reyuirements of the permit. ' The Council shoutd recognize that approvai of thc �ermit indicaies the City's approval of the i0-year mining plan. Annuat renewnal o[ the mining permit will be required, but, provide the applicant continues to m�et the conditions o[ tke permit it is uaderstood that they will be allowed tQ caniinue mining for t�tc duratian of the projecc. Planning Gommission recommendation regarding this Mining Pertnit witt be presented to Council at the meeting. � ` � . � � t Conditions of Bi#uminous Materials, inc. M�ning Permit � ► � A. That Bituminous Materials, Inc. (hereinafter "the Operator") and M. G. Astelford (hereinafter "the Owner") sign a written consent ta 4hese conditions binding fhemselves �and their success�rs or assigns t� the conditions of said permit. Furthcrrnore, that this mining permit may not be transferred or assigned to another parEy without vvrittQn permission from the City of Rosemount. � �, c B. That this permit is granted for the area designated as Phase l, on Exhil�it B (flPERATIONS/PHASING PLAN) which is attached hereto as one of the exhibits dated September 30, 1988. it is recognized that Exhibit A illustrates a Sand and Grauel Mining OperationsfPhasing Plan for an 80 acre parcel of property Iegally described as: Section 24, Township 1I5, Range 19, the North 1/2 of the Southeast 1/4. Also attached ,�ereto are Exhibit A (EXISTING CONDITiONS ON SITEj and Exhibit C (END USE GRADING PLAN). C. That Exhibits A, B, and C together with a description of the mining operation included in an Environmental Ass�ssment War�Csheet pre�sared for the project (BMI Plant I*to. 2 - EAW} on file with the City af Rosemnunt; prQvide a 10-year sand and gravel mining plan subject t�a this �ist o€ conditiflns and subject to annual renewnat at khe end of each calendar year (December 31st}. D. That tke term of the permit shall ext�end from the date of issuance through December 31, 1983 unless revoked prior to that for €ailure ta comply with [he 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 $2SO.OQ shall be paid to the City of Rosemount. E. That alI required permits from the State of Minnesota, County of Dakota and City of Rosemount {hereinafter "City") or any of their agencies bs obtained and submitted to �the City pri4r to the issuance vf 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 fo terminate said�mining permik. F. That the final gr�ding for the permit area shall be corn�leted in accordance wiEh the attached exhibits and any other condiiians �s may be imposed by the City from time to time. G. All gravel trucks shall enter �and exit the mining area from State Trunk Highway No. 56. It shall be the Operator's res�onsibility to obtain any easements necessary for ingress and egrets. In cooperati�n ��ith the Minnesota Department of Transportation the City of Rosernount reeo�nizes the following aceess restrictions to the site: 1) access shalt be lirnited to the sauth bound ianes of Trunk Highway 56 with no mediat� cut, 2) No U- turn shall be attowed at the Trunk Highway 56iCounty Highway 38 intersection. The iacation of the easements fc�r ingress and egress shail be in conformance with Exhibit A and a plar� for dust cflntrot ehall be submitted and approved by the City. ... i . . . � .. • � . � . L That all costs of processing the permit, including but not lim�tecl t� planning fees, engineering fees and legal fees, shall be paid by the �perator prior to the issuance of the permit, That the Operator reimburse the City for the east of periodic inspections by the City Engineer or any other City e�ployee for the purpose of insuring that canditions of ihe permit are being satisfied. That the Operator agrees to reimburse the Gity for any other eosts incurred as a result of the granting of enforein� of the permit. J. That the daily hours of operation f�r the n�ining area shall !�e Iimited ta 7:00 a.m. to 8:00 p.m., subject, however, to being changed by the Giiy Council. K. That the Operator deposit with the City C�erk a surety bond or eash escrow in the amount of Fifty Thousand and naJ10U ($54,OOQ.00) D�ll�rs in favor of the City. The required surety bond mvst be: (1) With good and sufficient surety by a surety cc�m�any authorized to da business in the State of Minnesota with the right of the surety company to cancel the same upon thirty (30) days written notice to the permit holder and the City. (2) Satisfactory to the City Attorney in form and subsiance. (3} Conditioned that the Operator will faithfutly compiy, with ali the terms, conditians and requirements of the permit; all rules, regulations and requiremeats pursuant to the permit and as requiced by the City and all reasona6le requirements of the Engineer or other City officials. (4j eo�a�c�onea that the �perator will secure and hold the City and its officers harmless against any and all claims, or for which the City, the Cou�eil or any Gity officer may be made liable by reason of any accident or injury to persons or pr`operty through the fault of the Operator. (S) The surety bond or cash escrow shall remain in effect from January 1, 1989 until dune 30, 199U. Upon thirty (30) days notiee to the permit holder and the surety com�any, the City may reduce or increase the amount of the bond or eash cscrow during the term of this permit in order to insure that the City is adequately protected. L. That the Qperator furnishes a certificate of comprehensive general liability insurance issued by insurers duly licensed within Che State of Minnesota in an amount of at least Five Hundred Thousand and nof 10� ($SOU,a00.00) Dollars for injury or death of any one persan in any one occurrence, badily injury liability in an amaunt of at least One Million and na/iU0 ($l,Op4,OQ0.00} Doilars and damage liability in an arnount of at least Two Hundred Fifty Thousand and no110p ($250,UOO.OQj Dollars arisin� out af any one occurrence. The policy of insurance shatl narne the Gty as co- insured and shal! remain in effect from January 1, 1989 until June 30, 1990. _ � , i M. A list of the Board of Directors and officers of the Operator shall be submitted prior to issuance of the permit. On an annual basis such list shall be updated by the Operator and provided to the City Cterk. N. That construction of any ponding areas or wash plants shali require additianal City Councii approval and notification of adjacent prc�perty owners. �. That the Operator shall hold the City harmtess from alt ctaims ar causes of action that may result from the granting of the permit. That the Operator shall indemnify the City for atl costs, damages or ex�enses, including but not limited to attorney's fees v��hieh the City may pay or incur in consequence of such claims. P. That the Operator campty with such other requirements of the �ity Council as it shall from time to time deem }�roper and necessary fnr the protection of the citizens and gcneral welfare c�f thc c�n�munity. C2. Complete mining and reclamation is rcquired in phases , l, k�eforc anv additional mining is authorized. ModiTications or expansion of the n�ining areas must be approved in writing to the City. R. 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 slape stabilization and erosion e�ntr�l, . provided also that the minimum depth of to}�soil shatl not be less than two inches after reclamatian. That Melvin G. Astteford, property owner, hereby consents and agrees to the foregoing conditions of said mining permit. Dated this day of , 1989. B y: Melvin G. Astleford That Fran T. Davies, Vice President, Bitumiaous Materials, Inc., of Fairbault, MN, pit operator, hereby consents and agrees to th�e foregoing conditions of said mining permit. DatQ• g�,. Fran T. Davies � x, � � P�'pH�<h BITUMINC�US MATERIALS tNC. ��T "�rKo s P.O. BOX 246 5071334-5155 �t� �"�c. FARIBAULT, MINNESOTA 55U21 ' faIISiRUC1K�► June 22, i988 City oiE Rosemount P.O. &�x 510 2875-1��5th Street V�st Rosemoiant, Minnesota 55068 City P7Lanning Comnission Dear Me>_mbers, Bit�uninous Materials Inc., Fari.bault, Minnesota is applying for a mininq permit on land it has leased from Pir� Bend Development Corpor�ition. This larx� is located in Sectirm 24 Tawnship 115 Range 19 NE �/4 of The SE 1/4 and The 1V6V 1!4 0� The SE 1/4, Subj�t to Highwa�► easement aver 1.5 AcrEs. The prc>posal submitted is for use over ten years. This has been divid�cl into t«o yeaa: pi�ases to coincide with ti.me limits on the permit. t+� are requesting a permit for an �sphalt plant to be located an this si.te. It is c�ur intent to retaii crushed gravel and hot mix frc� this locatic�n. The as��halt plant that will be mnued to the site is a Barber-�Greene DM 60 �brtable drum mix plant equipped with a bag house. �is plant was tes,ted by Interpol Inc. of Minneapolis under the supervision of the MirAnesota Pollution Contxol Agerjcy. 2he test was suecessful and ' the written report should be done by July lst. At this �.ime we do not anticipate the hot mix plant will be permanently loeatec� in fhe pit. t�e will move it in anc3 out as needed. Eventuall.y we hope to have the plant at this location most of �e time. Sincerely, l��%��c.�„t- { „ Frar► T. Davies Vice President Bitum�.rtous Materials inc. F`I'D:sem . _ ., � CITY Of ROSEMOIINT, MINNESOTA Minin . APPI.ICA710N fOfk MINING PERMIT y Pernnt ,� ______ ___.� -- _ Ddte June 20, 198$ AppllCdnt Bit�uminous Materials, Inc. � t Address P•O• �x 296, Faribault, MN 55021 Te�QP�� tso�) �3�-51�5 STATl1S OF APPLICANT: Owner , Buyer , Lessee X Other > Property Description section 24 Township 115 Range 19 N.E. 1/4 of S.E. 1./4 and IJ.W. lj4 of S.E. lf4 Subject to Fiighway Easement over 1.54 Acres Type of Material to be Extracted: sana anet cravei Cubic Yards of Material to be Extracted: 1.5 Million cu�aic Yar�s Access Routes: s.T.x. No, s6 Estimated Number of Years of Operatior�: Ten (1a) xears rr� p�►� .� ,goad gon. a pe�uvd .twa yecc�s �num �he dcc.te a6 a�r�anovc�C by .ttie C.i,ty. 7"he exeava.t.�:an w.i�'� be nev.i�ved .in .Q.e.gh,t o� �he an.i.g�.��ccQ p�R►i, c�rtd .i� ... co►�.i.�.ten.t �E�eh.�e:�v.i.tk, a new �e�u�u,t ►nay be -i�s�ued. Flte c�pp,�,i.ca►zt h�r.etry ag�ee,� - .tu ea►np.Qy <�v.i,tk .the nQan dubrr�.i,tted by h,i.rn and apphUved by .the C.r..ty. i"he a�pt,i.carit uride�.tavida .�tia,t �a,i.:Qcvr.e �� eu�npQy t�.�-i,th ea,id p.�an �siicc�C 6e �5u�s.ie.i.e►it .tec��sart ��n .the C.ixy .ta deny �uE��sequev�t appQ.i.ea,�:i�►vs and .te�nit�a.te Zhe vpe�:cr,tivn. S.cg n� pp ca e.- ------------------------------------- FOR OFF�CE USE ONI.Y APplication Received by Date Fee _ Da te - - Pian Submitted � Planning Commis>ion Action ' Council Action Date � ' Conditions if a�rproved � Date -----T Authorization ---------� ----------_._______.__T_� ___. _ .. —_ .. ------- -- --- .— Cierk---�..._ Oate Copy to ti�pl icar�t .. � � TEs•r�iat,E� l. f'Topsoil G'Sanc�y Gravel G'Coarse Gravel G'Sand 2. 2' Topsoil 3'Gravel 8'Coarse Gravel 5'Sand 3. 2'T�psoil 2'Sandy Gravel �' Co��rse Gravel 7'Sanc1 4. 2'Tapsc�il 2'S�ndy Gr<rvel 8' Co�rse Gravel G'Sancl 5. 2'Tv�soil IO'Coarse Gravel G'Sand C• 2'Topsoi# 11'Co�rse Gr�ivel G'Sancl 7. 2'To�soil 1(�'Coarse Gravet T Sand 8• 2'Tc�psoit lE)'Sandy Gr�ive! T Sand 9, 1'Topsoil lb'Sanc1 10 2'Topsoit 4'Gravel Sand