HomeMy WebLinkAbout5.a. BMI Mining Proposal �
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ROSE MOUNT. MINNESOTA 55�'i8
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TQ: CtTY COUNC[L ! fe'�Y? �G'
FROM: ltiiiCfiAEL WOZNIAK, CITI' PLANNEIt, AICP i
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i)ATE: MARt`H �, 19$9 '
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SU�i: MARCH '7, 1989 - REt,ULAR 1�1EETING REVIEWS
BITUMINtJUS MATERIAL5, INC. - SAND & GRAVEL R11NIN(� PROPOSAL
At the last two City Council Meetiiygs [he Council has considered the BMI Sand
.�c Gravel Mining Proposat ��r an t3� acre site located on T.H. 56 immeaditely
siauth of Sol�erg Aggregate. Btitl E�raposes to mine up to 1.,4t)0,000 cubic yards
af sand and gravel an the site «ver a ten year period and also operate a
partable Aspha}t P1anE on the property. The Planning Commission has reviewed '
the proposa! and has recommended a�proval the a mining permit that would run
ihrough December 31, 1989 subject to e list of Mining Permit Conditions drafCed
by Gity 5taff (attached), It is recognized within the Permit conditions that the
City would he approving a ten year plan with permits renewabte at the end of
each cal�:n�iar year provided all con�iitions of lhe ptan have been met.
The City CounciJ firsi de}ayed action on the BMI permit until problems relacing
to another sand & gravel excavation which BI�4I was involved with had been �
resolved (Pine $enc3 Dev. Co. Grading Permit). This matter was resolved and the
BM1 proposa} was brought back f�r consideration at the last Council meeting. !
At that meetin� a safety concern regarding the impact of lruck traffic at the
C.H. 42/T.H. 56 interseetion was expresseci by Council Member Napper. The
Cc�uncil tableci ac[ion on the proposai and asked that the County Engineer be
requested to comment on the safety issue.
Rttached to this review is a co�y of a letter from Peter Sorenson, Dakota
Ct,unty Traflic Engineer, which ret'ers review of the saftity issue to t�—'
Minnesota DeparEment of Transpc�rlation. Mr. Sorenson has indicated tha[
MND�T has jurisdication �ver the interseciion and that any changes or
restricti�ns necessary would have to bc delermined by MNDOT.
City Staff including myself a��d City Engineer, Rich Hefti, havc previausly met
thc: MND(JT Qistrict 9 Staff to discuss the Bhll prc�posal. In fact, the access
restrictions cited in the City's Mining Permit Conditions were agreed upon by
MNDnT Staff at the meetin�. MNDUT has not previously provided written
, eoniment regarding the BI�iI Pr�pe�sal and I have not yet recieved a response
base�i on h1r. Sor�nsons let��r. If a respon5c is recicved pric>r to the Council
� Mecting it wiil be presenled ut tlie mceting. Based on previous discussian with
MNUt)T Staff I have no re�ison to believe that lhey w�uld recommend any
, cha��gcs ro th� C.N. -12/T.H. iti Intcr�,cc:tion.
The !'lanning Conimission has f�C()I7lllll:ll(I�fI a��C�VaI �f lhe pre�posal sut�jeet to
cc�ndilious. I woulci recommrt7d C'ity C'ouncil apE�rovc thc Mining Permit subject
tt� the antend�ci Conditions which includes a ret'�rence tc� Traffic Safety (Seetion
t-i.).
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�� ���A Y QAYlC1 L EVERDS, P.E.
����� I COUNTY ENGINEER
HIGMWAY DEPARTMENT {612) 43f-tT50
` 730Q 4VEST 1•17th STR[ET, SUITE N402 APPLE VAIIEY, MINNESOTA 55124
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Ptarch 1, 19$9
Mary LaPl�nte, P.E.
llistrict Traffic Engineer
MnjDOT - District 9
:i485 H�dley Avenue North
Oakdale, MN 55109
RE: Rosemount Permit App�.ication From BMI For
5and and Gravel Mining
I)ear Mary :
Att�ched please find a copy of an EAW far BMI Platit No. 2 and
copies of correspondence relating to the proposal. The City
oE Rosemount is asking for input regarding traffic safety
concerns caused by this activity at the interchange of TH 52 -
Tfi 56 and CSAH 42. The interchange is under Che �urisdiction
of Fin/UO'I' therefore, if this proposal would create a safety
problem, the City and County would be asking Mn/DOT ta resolve
it.
Please evaluate the traf�ic impacts on this interchange so
that the City can ' give appropriate considerations in
processirag the permit application. Feel free to contact'° me ' if '
I can offer any help to you regarding this issue.
Sit�cerel.y,
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Peter L. �orensr�n
Traffic Engineer
YLS:clj
Enclosures
cc : Mich�iei A. Wozniak
AN E9UAI.OPPORTUNITY EMf'IOYER
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Cond�tions of Bituminous I�laterials, inc. Mining Permit
A. That Bituminous Materials, Inc. (hereinafter "the Operator"} ancf M. G.
Astlefc�rd (hereinafter "the Owner") sign a writterr consent to these
conditions binding themsetves and their successors c�r assigns to the
conditions of said ptrmit. Furthermore, that this mining permit may not
be tr�insferred or assigne� tc� another �arty without �vriCten permissian
fram the C'ity of Rose�nount.
B. That this permit is granted for the area designated as Phase 1, on Exhibit
B (OPERATIt3NSlPHASIN(', PLAN) whiclt is attached hereta as one of the
exhil�its ciated 5epteniber 30, 1988. It is recognized that Exhibit A
illustrates a Sand and Gravel Mining O�eratians/Phasing Plan for an 80
acre �arcel of praperly legally describecl as: Section 24, Township 115,
Range 19, the North 11' of the Southeast 1/4. Also attached hereto are
Exhibit A (EXIST[N(; CONDITIONS ON SITE) and Ext7ibit C (END USE
GRADING PLAN).
C. That Exhibits A, B, and C together with a description of the mining
operatian included in an Environmentai Assessment Worksheet prepared for
the pro�eet {BMI Ptant N�. ? - EAVl� on lite with the City af Rosemount;
providw a 10-year sand anci gravel mining plan subject to this list of
conditions and subject ta annual renewal at the end of each calendar year
(Deeember 32st).
D. That the term of the �ermit shall extend fram the date of issuaace
through December 31, 1989 unless revoked prior to that for failure to .
comply with ihe permit requirements. Thereafter, any apglication for
renewal o!' the permit shall be made at least sixty (60) days prior ta the
expira[ion date. A n�ining permit fee of $2�OA0 shall be paid to the City
of Rosemount.
E. 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 Opera[or to comply with the terms and conditions of
any of ihe permits required under this paragraph shall be grounds for the
City tc� terminate said �nining permit.
F. That the final grading fc�r the permit area shall be completed in
accordanee with the attachect exhibits and any other ec�nditions as may be
imposed by the City frc�m time to time.
G. All gravel trucks shatl enter and exit the mining area from State Trunk
Highway No. 56. It shall he the Operator's responsibility to obtain any
easements necessary for in�ress anci egress. In coo�eration with the
Minnesota Dapartment of Transpartation the City of Rasemount recognizes
t}�� fallowing access restrictions to the sitc: t) access 5ha11 be limited to
the south huunJ lan�s c�f Trunk Eii�;hway Sfi with n� mcclian cut, 2) No U-
[urn sliall be atlow�d at the Trunk Highway Sfi/Cc�unty Highway 3£i
inlersectioi�. The localic�n c�f thc easemcnts for in�;ress and egress shatt
be in conlorrnance �vith Exhibit A and �► plan far dus[ control shall be
submitted ai�d appro�rea by tl�c City.
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H. The Cily reserves the right to revoke or refuse t� renew this permit if it
is determi��e�i that vehicic:s in��olved in transportin�; sand and gravel from
the si�e ca��noc safely accom�lish access an� egress `td and from the site.
Such a determination must be based on the invalvement of Bituminous
Mate�#ials Vehicles in three or more traffic accidents which are caused by
or result trom Bhii's ne�li�ence or failure to camply �vith the terms of
this permit. The determination of the ability to safely accomplish �ccess
and egress to and from tlie site shall include traffic accidents which
involve BMI vehic}es and accur at the T.H. 56 median cut located
immedia[ely north of the site and the County Highway 42/T.H. 56
inters�etion and which are caused by or result €xom t3MI;s negligence or
failure to tomply with the terms of this permit.
I, That the surface water drainage of the mining area shatl not be altered so
; as to interfere or affe�t the natural drainage of adjacent property.
J. That all casts of processiiig the permit, including h«t not limited tn
planning f�es, reasonat�le en�ineerin�; fees and reasonahle leg�l fees, shall
be paid by the ;Operator prior to the issuance of the permit� ' That the
Operatar reimburse the City for the cost of periodic inspect�ons by the
City Engineer or any other City employee for the purpUse of insuring that
conditions of the permit are being satisfied.
� K. That tY►e dail�r 'hours of operation for the mining area shatl be limited to
?:OD a,m. to $:Od pr.�., ,sut�jeet, however, to being ch�nged by the City
� Council.
L. That the t)perator depostt with the City Clerk a surety band or cash '
escrow in the amount of Fifty Thausand and no/100 ($50,000.00) Dollars in
favor of the City. The requirec� 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 ri�;ht of the surety '
company Eo cancel the same upon thirty (30) days written natice ta.
the permit holder and the City.
(2) 5atisfac[ory to ihe City Attorney in fc�rm and substance.
{3) Conditioned that the Operator will faithfuliy comply with all the
terms, conditions anci requirements of the �ermit; all rules,
r�gulatians and requirements set forth herein and all reasonable
rcquirements of the Engineer or other City officials which are
cc,nsistenC with the terms of this permit.
(4) Conditioned that the Operator evill secure and hald the City and i[s
C'ouncil or officers harmless against any and all claims which may be
n�acie I�y reason of any accident or injury to �ersons or property
causecl �y the fault c�f the (3perator.
(�) 7'he surety bon�i or cash escrow shalt remain in el'fect from January
1, 1989 until June 30, 1}�3�.
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tt��cyn thirty (3U) days notice to the permit holder and the surety com�any,
and u��on a showin� uf reasonali(e neect therefor, th� City may reduce t�r
i increase the auaount of the bond or cash escrow during the term of this
permit in order to insure that the City is aciequately protected.
M. Thai tlie Opera[or furnishes zi certificaie ��f e�m�rehensive general liability
insurance issued by insurers duly licensed within the State of Mittnesota in
an amaunx of at least Five Hundred Thausnnd and n�/lOQ ($500,000.00)
I?ollars for injury or Jeath af any ane person and Une Nlillion and nollE?0
($1,�Ut),�Od.UU) Dollars for any one occurrence; and property damage
li�bility in an amount c�f at least Two Hundred Fifty Thousand and no/100
($250,t)OQ.00) Dollars arisin�; out of any one occurrence, The policy af
insurance shall name the t'ity as ca-insured and shall remain in effect
from January 1, 1989 until June 30, 1990.
N. A list of the Board of Directors and officers of the Operatar shall be
submitted prior to issuance of the permit. fln an an�uat basis such Iis[
shal! he up�laled by the C)�erator and prnvided to the City Clerk.
O. That construction of any ponding areas or wash plants shall require
adciiti�nal City Council a�prc�vai and notification of adjacent properEy
owners.
P. Complete mining and reclamation is required in phases l, before any
a�icliti�nal mining is authorizecl. Modifications or expansion of the mining `
arzas mus[ t�e approv��l in writ'rng [o thc Cily.
Q. Reclaniation requires the replacement of the entire stockpile of eopsoil to
the n�ined area, reseeding and mulching necessary to re-establish '
vege[ative cover for permanent siope stabilization ancl erosion control,
provici�d also that the minimum depth of topsoil sliall nc�t be less than two
inches at'ter reclamation.
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That Melvin G. Astleford and Richard T. Burger, praperty owners, hereby
consen[ ana agree to the faregoin� conditians of said mining permit.
Dated this ' day of � 1989.
By:
Melvin G. Astle[ord
By:
Richard T. Burger
That Fran T. Davies, Vice President, Bituminous Materials, Inc., of
Faribault, MN, pit operator, hereby consents and agrees to the foregoing
conditions af said raining �ermit.
Date: gy;
Fran T. Davies
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• r oke it Council Membexs `�
� T0. Mayo H / C y _
r FROM: David J. Bechtold Director of Parks & Recreation
� DATE: , March 1, 1989
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RE: Purchase of Softballs and Bases
Each season the softball program purchases balls for the
leagues and tournaments. Bases are also purchased for use on
� , the fields.
Bids for the items listed have been requested, however the
exact amounts are not available at this time.
The sstimated cost for the balls is $51.00 per dozen with 85
dozen being orde�ed at this time.
Team fees for the leagues do include the cost of one dozen
balls per team. Rema3ning ba11s purchased are used for '
tournaments held at Erickson Park.
� A set of new bases is purchased for each of the fields at
� Erickson Park at the start of the softball season. We egpect
the bids to be for about $110.00 per -set.
This memo is requestfng authorization to proceed with the .
annual purchasess
SOFTBALLS: 85 DOZEN AT APPROXIMATELY $51.OU @ $4,335.00
BASESi 5 SETS AT APPROXIME�TELY $11U.00 @ $ 550.00
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