HomeMy WebLinkAbout5.a. Renewal of Danner, Inc. Small Scale Mineral Extraction Permit Renewal for 2018
EXECUTIVE SUMMARY
Planning Commission Meeting Date: November 28, 2017
Tentative City Council Meeting Date: December 19, 2017
AGENDA ITEM: Case 17-41-ME Renewal of Danner, Inc.
Small Scale Mineral Extraction Permit
Renewal for 2018.
AGENDA SECTION:
Public Hearing
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO.
5.a.
ATTACHMENTS: Location Map, Draft 2018 Mineral
Extraction Permit, Letter from Applicant,
Mineral Extraction Status Map, Fill Area
Grading Plan, Soil Test Report from
Braun Intertec (Summary Pages), Site
Photos, Aerial Images
APPROVED BY: K.L.
RECOMMENDED ACTION: Motion to recommend the City Council renew the
Danner, Inc. Small Scale Mineral Extraction Permit for 2018, subject to the terms and
conditions in the attached Draft 2018 Conditions for Mineral Extraction and subject to
the following additional condition:
1) The applicant shall submit an updated survey depicting the current site
condition of the active mining area prior to review by the City Council.
SUMMARY
The applicant Danner, Inc. is requesting renewal of their annual mining permit for the 2018 calendar
year. The small scale mineral extraction operation is located at 4594 145th Street East in the eastern
portion of the City. Small Scale Mineral Extraction is permitted in the City as an Interim Use within
specified areas, and the permit for such uses expires after one year. The Danner site has been
operating as a mine for several years, and the request for renewal is consistent with similar renewals
that have previously been issued for the site.
Applicant & Property Owner(s): Marlon L. Danner of Danner, Inc.
Location: 4594 145th Street East – one half mile east of US
Highway 52 and one quarter mile south of CSAH 42
Area: 75 Acres
Comp. Guide Plan Designation: BP – Business Park; MDR – Medium Density
Residential; HDR – High Density Residential
Current Zoning: AG – Agriculture
2
The applicant, Marlon Danner of Danner, Inc., requests renewal of the existing Small Scale Mineral
Extraction permit for 2018. Staff is not aware of any issues associated with any site mining and
haulback since the last review. Please note that the approved permit allows the applicant to perform
grading work in the northern portion of the site; however, until this year Danner has not performed
any such grading. This summer, the applicant notified staff that grading would start in accordance
with the approved plans, but also requested that the phasing be swapped so that work could
commence along Highway 42 (the approved phasing plan specified that work would start in the
south and move northerly to the road). Because the final grades and amount of fill was not changed
from the grading plan, staff approved the change in phasing earlier this year. The plans submitted
for the 2018 renewal reflect the updated phasing for grading.
Staff recommends approval of the request based upon a review of the information submitted by the
applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records
and the attached permit.
BACKGROUND
Based on a recent permit renewals and a discussion with the applicant, the Danner operation
extracted approximately 40,000 tons of sand and gravel in 2014, and approximately 65,000 tons of
material for each year from 2015 through 2017. The applicant has noted that it expects to extract the
same amount of material in 2018 as it has in each of the last three years, with the possibility of
moving slightly more depending on market conditions.
In addition to the excavation activity, Danner continues to import material to the site for future
reclamation. Over the past year, the applicant reports that there were 12,100 cubic yards of
“haulback” material brought to the site from a combination of local government road improvement
projects and other redevelopment projects in the area. Danner’s application materials include the
testing performed by Braun Intertec on this haulback material; staff has attached the introductory
sections of the testing report for review by the Planning Commission. Braun Intertec’s testing
found that the soils “meet the requirements of the 2014 Conditions for Small Scale Mineral
Extraction Permit for Danner and the Borrow Pit Reclamation Protocol, along with complying with
the MPCA guidance for Best Management Practices for the Off-Site reuse of Unregulated Fill.”
The site plans submitted with the renewal request indicate that active mining activity continued in
the southerly portions of Phases One and Two of the overall site. Based upon the plan and site
inspection, stockpiling is occurring in the northern portion of Phase One and Two or areas
designated for future phases. The drawing submitted illustrates the shaded area is a combination of
stockpiling, circulation, and mining activity. This work area is greater than just the mining function.
The application also indicates that little restoration is occurring due to stockpiling of material. In
general, the City expects reclamation to occur as mining reaches the approved elevations. Because it
has been several years since the City received an updated site survey from the applicant describing
the current conditions of the site, staff is requesting that the applicant provide an updated site survey
for the mineral extraction area prior to approval of the permit by the City Council. The applicant
has agreed to the condition and will work to obtain the survey in a timely manner.
3
During the previous review, staff noted that there was storage taking place on the property unrelated
to the mining activity. The permit was therefore updated last year to limit the number of storage
trailers allowed on the property. Based on staff’s site visit in October of 2017 and evidence from
recent air photographs of the site, the applicant is in compliance with this requirement. Grading
work is expected to continue throughout 2018, and must adhere to the approved grading plan (as
updated to reflect the revised phasing plan). The intent of the grading is to create a level site with
access from Highway 42 for future development.
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is Quasi-Judicial actions. As
such, the City has a set of standards and requirements for review. Generally, if the applications meet
the ordinance requirements they must be approved. The standards and requirements for this mineral
extraction are detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral
Extraction permit.
The subject property is zoned AG – Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use
within the Agriculture district. The table below details the current land use, zoning, and future land
use information for the surrounding properties. These properties are all currently zoned Agricultural
or Agricultural Preserve and are located within the 2030 Metropolitan Urban Service Area (MUSA).
The 2030 Future Land Use Map anticipates a mixture of residential and business park uses in this
area.
Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
North Agriculture Agricultural BP – Business Park
South Agriculture Agricultural
Preserve
MDR – Medium Density Residential
HDR – High Density Residential
East Agriculture Agricultural BP – Business Park
West Agriculture/Mining Agricultural BP – Business Park
The proposed Comprehensive Plan update shifts all of the planned business park development
north of Highway 42, while retaining medium and low density residential development over the
present mining and grading area. This shift in future land uses does not have any direct impact on
the mining operation, although future reclamation of the site will need be performed before an
impacted area may be developed for housing.
Access to the Danner mine comes from County Road 42 via a gravel road along the eastern edge of
the property. This road is shared with the Bolander mine to the west. The applicant maintains a
private access agreement with the neighboring property to coordinate mining levels and allow
continued access to both the sites. The permit application notes that haul roads within the City will
continue to be County Road 42 to State Highway 52.
The annual renewal for mineral extraction permits includes a site inspection and consultation with
the Rosemount Police Department regarding any police activity. Police records noted no activity at
the subject property to date in 2017.
Staff has drafted an updated permit for review by the Planning Commission as part of its review.
4
RECOMMENDATION
Staff recommends approval of this request based upon a review of the information submitted by the
applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records
and the attached permit with one condition of approval.
Danner Mine
Property Information
0 1,750 3,500875 ft
0 525 1,050262.5 m
1:19,200
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
1
Mineral Extraction Permit
2017 2018 Conditions for Small Scale Mineral Extraction Permit
DANNER, INC.
A Danner Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
B The property Owner shall comply with all terms of this permit as well as the standards for mineral
extraction listed in Section 11-10-04 of the City Code.
C This permit is granted for the area designated as the eastern half of Phase Two and the entire Phase One
(approximately 19.5 acres) on Exhibit A, Mineral Extraction Permit Status Map, which is attached hereto as
an exhibit. Regrading and reclamation is granted for the area designated Phase I on Exhibit A. Mineral
Extraction Permit dated 10-24-2016. Reclamation in Phase I should occur over the 2017 2018 calendar
year.
D The term of the permit shall extend from the date approved by the City Council until December 31, 2017
2018 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining
Permit fee shall be paid to the City of Rosemount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner 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.
F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan,
attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed
by the City from time to time.
G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements
necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress
shall be subject to approval by the City, as well as the County Highway Department if any changes occur
relative to the mining process.
H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or
contract to complete the clean up at the Property Owner’s expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner’s expense without prior notification.
I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or
otherwise affect the natural drainage of adjacent property.
J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
K Any costs incurred now or in the future in changing the location of existing public or private utilities
including but not limited to pipelines, transmission structures and sewer infrastructure located within the
permit area shall be the sole obligation and expense of the Property Owner.
2
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal
fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
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. The Property Owner agrees to
reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday, subject, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the
City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to
assure compliance with these conditions by the Property Owner. The required surety bonds 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 only upon at least 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 Property Owner 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 City Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure 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 Property Owner.
(5) The surety bond or cash escrow shall remain in effect from January 1, 2015 2018 to July 31,
20162019.
Upon thirty (30) days notice to the permit holder and 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.
O. The Property Owner shall furnish 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 Five Hundred Thousand and no/100 ($1,500,000.00) Dollars
and property 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 an
additional insured and shall remain in effect from January 1, 2015 2017 to July 31, 20162019.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction
debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited.
Q. The Property Owner shall hold the City harmless from all claims or causes of action that may result from
the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or
expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such
claims.
R. The Property Owner shall 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.
S. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
3
T. The Property Owner shall incorporate best management practices for controlling erosion and storm water
runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental
Protection Agency.
U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding
and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials.
W. All recycling must be completed with the completion of the current phase and materials removed from the
site. No recycling processes shall be allowed to continue into subsequent phases.
X. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the
authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the
terms of this Permit.
Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. The fill area regrading and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit
Reclamation Protocol Rosemount, Minnesota including a report submitted to the City describing the
quantities of material brought in, where the material came from, and the test result of the material. The
reports submitted shall describe the quantities of material brought in, where the material came from, and
the test results, including supporting analytical results of the materials.
AA. No gravel mining is permitted in the Fill Area as shown on Exhibit A.
BB. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation
shown on Exhibit A with haul-back, clean-fill material in accordance with the Danner Inc. Borrow Pit
Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the groundwater
aquifer.
CC. Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit.
DD. The City of Rosemount shall have the ability to collect independent soil and water samples.
EE. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in
Minnesota State Statute 609.605.
FF. The operator is permitted to have two trailers for storage of items directly related to the operation of the
mine and mining equipment. Storage of more than two trailers would be a violation of the conditions of
the mining permit and could be cause for revocation of the approval.
That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
4
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of __________________, 2017. DANNER, INC. By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2017, by __________________________________, on behalf of Danner, Inc., Property Owner. ______________________________________ Notary Public
Danner Mine Inspection October 2017
Active Mining Area
Material Stockpiles
Danner Mine Inspection October 2017
Recycled Concrete Stockpile
Looking South/Southeast from the Mine Floor
Danner Aerial Images
October 2017
October 2016