HomeMy WebLinkAbout10.c. Bituminous Materials, Inc. Mining Permit � �
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TO: CITY COUNCIL
FROM: MICHAEL WOZNIAK, CITY PLANNER
DATE: UECEMBER 30, 1988
SUB3: 3ANUARY 3, 1989 - REGULAR MEETING REVIEWS
BITUMINOUS MATERIALS, INC. MINING PERM[T
As the City Council is aware, Bituminous Materials, Inc. {BMI) of Fairbanit has
applied for a Sand and Gravel Mining Permit for an 80 acre site iocated
immeadiately south of Solberg Aggregate on Trunk Highwap 56. The property is
owaed by M.G. Astelfard and would be leased by BMI for a period af 10 years
The Council reviewed the Environmental Assessment Worksheet prepared €or this
projeet at the December 20th Council Meeting and �uthorized a Negative
DecIaration which stated that an Environmentai Imapact Statement was not
required for the project.
EncIosed with this review are eopies of Ehe following: 1} Mining Permit
Application, 2) Mining Permit Coaditioas, and, 3) Exhibits A, B, C, which are
maps of Existing Conditions, OperationsJPhasing Plan, and Fin�l Grading Plan.
The 84 acre site is currently located with the Indnstrial Park Zoning District
within which Sand and Grauel Mining is a permikted use subject ta miain� permit
r�quirernents. Given th�t the abutting property (St�lberg} is i� similar use and
that in general the area is industrial in nature; allowing sand �nd gratvel
extraction and processing to take ptaee on the site for 10 years is a reaaonable
use of the property, The major coneerns the City should have in reviewing a
proposa[ of this nature is tbat the final grades which will be achieved }end
themselves to a future use appropriate far the area and that the Qperator
provide an acceptabte Qperations/Phasing Plan which adequately providea fvr
prornpt restoration af the property when mining is complete. The End Use
Gracling Plan which has been submitted basically creates a gentle nortl� to south
slope on the site creating a grade which would be suitabte for futnre industrial
development. Upon City Staff request the Applicant madified the Mining Plan to
preserve the rnajority of tree cover located along the southern bonndary of the
site. This is very important in terms of erosion control and screening views of
the operation from the souih. The Operation/Phasing Plan inctuding decri�tion
of the project in the EAW provide a sound reclamation strategy which suggests
that adequate preeautions will be taken to avoid erosion and sedimentaEian
problems and to ensure that the site is incrementatly r�stored rather than
waiting until the operation is camptete {IQ years) to replace topsail and seed.
The list of Min�ng Permit Conditians inetude this review witl provide an
enfo�ceable assuraace that the Operation will be conducted as proposed and that
the site will be acceptably restored. Most importantly, in the canditions Sta[f is
recommending that the applicant be required to renew this mining perrnit
annually rather than every two years to ensure that the City ean take prc�mpt
acteon if the conditions of the permit are not being met. Also, a $5(},04Q
performance bond is being required to guarantee site restoration. Sinee this
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permit will onty authorize mining in Phase 1 of the Praject, SS0,000 would
definitely cover the cost af site restaration if the applicant fails to raeet t6e
requirements of the permit.
The Council should recognize that approval of the permit indicates Ehe City's
approvat of the ip-year mining p1an. Annual renewnat af the miaing permit wit)
be required, but, grovide the appticant continues Eo meet the conditions of the
permit it is underst4od that they will be allowed fo eontinue miaing for the
duration of the project.
Ptanning Commission recommendation regarding this Mining Permit will be
presented to Cauncil �tt the meeting.
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Conditions of Bttum�nous Materials, Inc. Mtn�ng Permtt
A. That Bituminous Materials, Inc. (hereinafter "the Operator") and M. G.
Astelford (hereinafter "the Ownex") sign a written consent to these
conditions binding themsetves and their successors or assigns tv the
__ conditipns of said permit. Furthercnare, that this mining permit may not
be transferred or assigned to another party without written permission
from the City of Rosemount.
B. That this permit is granted for the area designated as Phase i, on E�chibit
B (OPERATIONS/PHASING PLAN} which is attached hereto as one of the
exhibits dated September 30, 198$. It is reeo�nized Ehat Exhibit A
illustrates a Sand and Gravel Minzng Operations/Phasing Plan for an 84
acre parcei of property legaily described as: Section 2�4, Township 115,
Range 19, the NQrth 1/2 of the Southeast i/4. Al$o attached hereto are
Exhibit A (EXISTING CONDITIONS !JN SITE} and Exhibit C (END USE
GRADING PLAN).
G That Exhibits A, B, and C toge[her with a description o# the mini»g
operation included in an Environmental Assessment WarksheeE prepared for
the project (BMI Plant No. 2 - EAV1� on (ile with the City of Rosemaunt,
provide a 10-year sand and gravel mining plan subject to this iist of
conditions and subject to annual renewnal at the end of eaeh calenciar
year {December 31st).
D. That the term of the permit shall extend frotn the date of issuance
thrc�ugh Deccml�er 31, i9�� untess revokecl �riar lo tt�flt !or fs�ilutc tc�
comply with the permiC requirements. Thereafter, an_y application for
ren�ew�l of the permit shall be mac#e ai }east sixty (GO) clays prior to the
expiration date. A rnining permit fee of $250.40 shail be paid to the City
of Rosemount.
E. That all required permits from the State of Minnesota, County af Dakot.i'
and City of Rosemount (hereinafier "City") or any of their agencies be
obtained and submitted to the City prior to the issuance of the permit.
That failure by the �perator [o comply with the terms and coaditions of
any of the permits required under this paragraph shall be grounds for the
City to terrninate said mining permit.
F. That the finai grading for the permit area shall be completed in
accordance with the attaehed exhibits and any other conditions as rnay be
imposed by the City from time to tirne.
G. All gravel trucks shail enter and exit the mining area from State Trunk
Highway No. 56. It shall be the Operator's responsibility to obtain any
easements neeessary for ingress and egress. In cooperatiQn with tl�e
Minnesota Department of Transportation the City of Rosemount recognizes
the fotaowing aecess restrictions to the site: lj access shall be iimiced
to the south baund lanes of Trunk Highway 56 with no median cut, 2) Nn
U-tarn shall be allawed at the Trunk Highway 56/Cauuty Highway 38
intersection. The locatian of the easernents [csr ingress and egress shall
be in confarmance with Exfiibit A and a �lan far c�ust contro! shall b�°
submitted and apprpved by the City.
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i I. That atl costs of pracessing the permit, including but not limited t�
planning fees, engineering fees and iegal fees, shall be paid by thc
Operator prior to the issuance of the pertnit. That the Operator reim6urse
the City for the cast of periodic inspecEions by the Gity Engineer or any
other City emplayee for the purpose of insuring that conditions of the
permit are being satisfied. That the �peraEor agrees to reimburse the City
for any other costs incurred as a result of the granting of enfc�rcing 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 Gity
Council.
K. That the Operator deposit with the City Clerk a surety bond or eash
escrow in the amougi of Fifty Thousand and no/lUU (�SO,OOO.OU) Dollars in
favar of the City. The required surety bond must be:
(1) With good aud sufficient surety by a surety company authorized to do
business in the State of Minnesota with the right of the surety
company to cancet the same upon thirty {3Dj days written notice to
the permit hotder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Qperator will faithfully cornply with atl the
terms, conditions and requirements of the permit; all rules,
regulations and xeqvirements pursuant to the permit and as required
by the City and a1t reasonable requirements of the Engineer or ofher
City of ficials.
(4) Conditioned that the Operator will seeure and haid the City and. its
officers harmless against any and all claims, or for w�ich the City,
the Council or any City officer may be made liable by reason of any
accident or injury t.o persons or property thraugh the fault o#' the
Operator.
(5) The surety bond or cash escrow shall remain in effect from Jan�ary
1, 1989 until June 30, 1990.
Upon thirty (30) days notice to the germit Itolder and the snrety company,
the City may reduce or increase the amount of the boad ar cash escresw
duriag the term of this permit in order to insure tk�at the City is
adequately protected.
L. That the Operator furnishes a certificate of comprehensive geaeral liability
insurance issued by insurers duiy licensed within the State of Minnesota in �
an amount of at least Five Hundred Thousand and no1340 ($SQU,OOU.UO)
Dollars for injury or death of any one person in any one occurrenee,
bodily injury liability in an amount of at least One Million and no/lOfl
(�1,��0,000.00) D411ars and damage liabitity in an amount of at least Two
Hundred Fifty Thousand and no/iU0 j$250,t10U.Ofl) L?ollars arisiag out of any
one occurrence. The policy of insurance shall name the City as ea-
inst�red and shatl rernain in effect from danuary 1, 1989 until Jnne 30,
199U.
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M. A list of the Board of Directors and officers of ihe Operaior shall he
submitted prior to issuance of the permit. Qn an annua! basis such liat
shali be updated by the Operator and provicieci to the City Cterk.
N. That construction of any ponding areas or wash plants shall require
additional City Council approval and notification of adjacent property
owners.
O. That the Operator shall hold [he City harmless from all claims or eauses
oF action that may result from the granting t�f the permit. That the
Operator shall indemttify the City for ail costs, damages or expenses,
including but not timited to attorney's fees which the City may pay ar
incur in consequence of sueh claims.
P, That the Operator comply with such other requirements of the City
Council as it shall fram time to time deem proper and necessary for the
prot�ction o€ the citizens and general welfare of che community.
Q. Campleie mining and reclamation is required in phases 1, before any
additiona�l mining is authorized. Modifications or txpansion af the mining
areas must be approved in writing to the City.
R. Reciamation requires the reptacement of the entire sfackpile of topsoil to
the miaed area, reseeding and mulching neeessary to r,e-establish
ve�etative ec�ver fvr permanent stope stabilization and erosion control,
provided also that the minimu�n depth of topsoil shall nat be tess than two
inches after reclamation.
That Melvin G. Astleford, property owner, hereby consents an�i agrees Eo
the foregaing conditions of said mining permit.
Dated this day of �g84,
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By:
Melvin G. Astleford
That Fraa T, Davies, Viee President, Bituminous Materials, Inc., of
Fairbault, MN, pit operatar, hereby consettts and agrees to the foregoing
conditions of said mining permit,
Date• B�,.
Fran T. Davies