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Home My WebLink About5.a. BMT Mining Proposal . • � � '�e �� , � � F'�� .3C, ,;, s, �' 1 � � � (' � � �>>ttf� {J � ti� tz �tt � �� ,;0�"� � ��7��/t�lJ��i-�� R€�;�,Eh'IOUNI. MIPailE`,��Itk �,'.,utin � „� � � � � � oi7 •3�'1-4<if1 � / �'j ` ��' TO: CITY COUI�ICIL FROM: 1�91CHA�L WnZNIAti, CITY PLAIVNER UATE: FEBRUARY 17, 198) SUBJ: FEBRUARY 21, 1989 - REC,ULAR MEETING R�VIEWS Item 5a. Bl��l MINENG PRt)FOSAL The City Council reviewed a Sand anci Gravel Mining Prop�sal €ar an $U acre site an Trunk Highway �6 from Bituminous Materials, Inc. at ihe February 7th C=ity Cc�unci! Meeting. Attached �vith this review is a copy of the propt�secl f'hasing Plaii for that proposal. At the Febrwary 7th rneeting ihe Council tab}ed this item and directed Staff to draft an adc#iti�nal condition which would cause the City ta retain the ri�;ht to revoke or faii to renew the gerrnit if an unsatifaciory safety record was exhibited by BMI Vehicles. Attacheci with this review is a capy of a revised list of Conditions of �ituminous Rtuterials, Ine. Mining Pern�it. Refer to Section H. of the list to review the neta Ian�unge c�rafted by Staff. The C;iiy Attorney has been consult�d regarding this dd�iifiona! ce�nr�ition anci has suggestec� that it is appropriate ta include snch a condition, however, it could prove Io be difficult to enforce if challenged in C'ourt. Although there is no guaraiitee thal this condition will prevent accidents from occuring it �vill provide an incentive for BMI to require its drivers to take safety pr�cautic�ns at the critical intcrsections becaus� the ccym}�any would risk lo,ing its Minin�; }'ern�il wilh a re��c��tecl accident recorci. , � 1 . . � • . � �. . � . APPLIC]�TION FOK P1lYMENT {Continued) , _ LIESCRIF'TION PERCENT AMOUNT ' SCHEDULE COMPLETE �IARNED � 4. PIPING a. Material $ 7,000.00 86� E,,Ot�t3.Cita b. Labor $10,040.�0 9U� 9.flOtJ.f�� 5. SEWRGE PUMPS � a. Material 535, 616.00 � b. Labor S 2,OiO.�C3 p _ ..� 6. TELEMETRY $ 9,074.00 � 7. BLACKTOPPING S 5�0.00 � $. ELECTRICAL $ 3,OOd.00 tl P�� OF � SNORT-EL�,IOTT-HEND�ICKSON, INC. I I� __ ^ r. " . • �onditians of Biturninous Materials, Inc. Mining Permit A. That Bituminaus Materials, Tnc. (hereinafter "the Operator"} and M. G. Asielford {hereina€ler "the �wner"} sign a writLen consent to these conditions binding themselves and their successors or assigns to lhe canditions of said permit, Furthermore, that this mining permit may not be transferred or assigned to another party without written permission from the City af Rosemount. B. That this permit is granted #'or the area designated as Phase 1, on Exhibit B {QPERATIt7NSlPHASING PLAN} which is attached hereto as one oF the exhi6its dated Septernber �U, 19$$, It is recognized that Exhibit A illustraies a Sand and Gravel 11+Iining Operations/Phasin� 1'lan for an S0 acre parcel af praperty iegally described as: Section 24, Townahip 115, Raage 19, the North i/2 of the Southeast 114. Also attached hereto are Exhidit A (EXISTING CONDITIONS ON 5ITE) and Exhibit C (END USE GRADING PLAN). C. Tha[ Exhibits A, B, and C together with a description of the mining operation included in an Environmental Assessment Worksheet prepared far the project (BMI Plant No: 2 - EAVI� on file witfi the City of Rosemount; provide a 10-year sand and gravel mining plan subject to this list of conditians and subject to annual renewnal at the end of each calendar year jDecember 31st). D. That the term of the permit shali extend from the date af issuance thrnugh December 31, 1989 unless revoked prior to that for failure to comply with the per�nit requirements, ThereafEer, any application tor renewai of the permit shat� be made at least sixty (6(?) days prior to thc expiraiion aate. A mining permit fee of $250.00 shall be paid to the City of Rosemount. E, That al! required perrnits from the State af Minnesota, Caunty of Dakota and City of Rosernount (hereina€ter "City"} ar any of their ageneies be obta�ined and submitted to the City prior to the issuance of the permit. That failure by the Operatar to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City [o terminate said mining permit. F. That the final grading for the �ermit area shall be completed in accordance with the attached exhibits and any otber conditiops as may be impos�d by the City from Eime to time. G. A11 gravel trucks shall enter and exit the mining area from State Txunk Highway Na. 56. It shall be the Operatar's responsibility to obtain any easements necessary Eor ingress anci egress. In coaperation with the Minnesota Department of Transportation the Cixy of Rosemaunt recognizes [he following access restrictions to the site: 1) access shall be limited Eo the souih bound lanes of Trunk Highway 56 with no median cut, 2} No U- turn shal! be allowed at the Trunk Highway 56/County Highway 38 intersection. The loeatian of the easements for ingress and egress shall be in conformance with ExhibiE A and a plan for dust contral shall be submit[ed and approved by [he City. � -� � • U{�on thirty (30) days notice to the permit hc�lder and Eh� surety com�any, th� C;ity may reduce or increase the amount of the bo�►d or cash escrow during the term of Ehis permit in order to insure [hat the City is adequately protected. ' M. That the t)perator furnishes a certificate of comprehensive general liability insurance issued by insurers duty licenseci wiihin the State of Minnesota in an amount of at ieast Five Hundred Tfiousand and no1100 ($500,400.00) Iyotlars for injury or death af any one persan in any one occnrrence, bodily injury Iiability in an amount of at ieast One Million and no/l00 (51,0�(�,000.�0) Dollars and damage liability in an amount of at ieast Two Huncired Fifty Thousand and no1100 ($250,OOQ.QO) Dotlars arising out of any �ne occurrenee. The �oticy of insuxance shall name the City as co- insured and shall renxain in effect from January 1, 1989 until June 3Q, 1990. N. A }ist of the Baard of Direct�rs anci �fficers of the Operator sha11 bc submitted prior to issuancz of [he permi�. On an annual basis such iist sha(t be up�lated by the Operator and provicied to the City Clerk. tJ. That canstruction of any panding areas nr wash plants shall require additional City Council approval and notification of adjacent property owners. P. That the Operator sl�alt holJ the Cily harmless from all claims or causes of actian that may result fram the granting of the perrnit. That lhe Operator shalt inciemnify the City for all costs, damages or expenses, � inciuding but not limited to a[torney's fees which the City may pay or incur in consequence of such claims. Q. That the Operator comply with s� �h other requirements of the City Gouncil as it shall from time to tim deem praper and necessary for the prc�[ection of the citizens ancl genera} �relfare of the cammunity. R. Complete mining and reclamation is required in phases 1, before any additional mining is authorized. Modifications ar expansian of the mining areas niust be approved in writing to the City. S. Reclania[ion requires Ehe r�ptacement of the entire stockpile of topsoil to the mined area, reseeding and rnulching necessary to re-establish vegeiative caver for permanent slope stabilization and erosion €ontrol, pr�vided atso that the minimum depth of topsoil shall nat be less than two inches after reclamaCion. � � � , That Melvin G. Astleford, �roperCy owner, hereby consents and agrecs tc� ihe foreg�ing conditions ot� said mining permit. Dated this daY �f 1989. � B y: Melvin G. Astleford That Fran T. Davics, Vice Presiden[, Bituminous Materials, Inc., of FairbaulE, MN, pit operator, hzreby consents and agrees to the fore�ain� conditi�ns ol' said minin� permit. Date: $y. Fran T. Davies } .� �, .. �a,.�_� . _ _. � f � �� , � ( -- -----i� � 5N -^-6'7Q 8'BERM 2 4 � To��rnu�o varoa m ca�r�wc oP�u►na+s. s�o au.s�c�v��oT sa�c.ao.as�s,�xn��ro.s. R19W `�-�-PROPOSED CONTROLLED ACCESS � �""-----� M►STAIf.32'WIDE BITUNpF10{JS OPqYE'WAY,1�p1dN BREAK E ACCEtERAS10N/DECELERATION LAqES j 0sx s PER/iNAOT PERM4T REOtHREMENTS. � RHA � � -�--1 TO 2 ACRE SITE AREA PORTABLE ASPMALT PlANT ��,,,,,,�� CRUBHNiG OVERlRION . . . . . � � . � � � � �� STOCIEPI4JNG � � . . . � . . STOWAOE , ��:EXISTING CON7RQLLED ACCESS RELOCAT@ BO'GONTROLLED ACCESS 475'l�RTH. REMfiVE EXIStMlG DRIVEWAY,RESHAPE HIGMWAY DITCM 8 RE3EED�T1JFiBED AREA PER MNDOT 'V =° Tx v PERMNT REOUIREMENTS. ` � ��.. '�--SCREEt+pNG .i�� TREES NI THIS AREA TY1 REMAM UNTi4.END OF . . . . . . ``_�. .. PMASE S. � . � � � � �. �.�..__ _�``\`-�„�,`,� � .. . . � . � . . 1 �' . � . . . . . . . . � . . � . . �.�� _ . . � � � . . . n_._�_.��: . � . . � � �.. / . � � � � � f� ' � . . . � . . . . 'NS /PHASING PLAN TUMlNQUS MATERIALS. INC. ROSEMOUNT, MINNESaTA ^ S .1� ,'�'1�1 �� -�`"--�-=- 9130i88 ........�e. ...�..e ee+.�.., .w.ee... FIGURE 7 i