HomeMy WebLinkAbout6.b. Request by Max Steininger, Inc. for a Small Scale Mineral Extraction Permint - New Mining Operation
EXECUTIVE SUMMARY
Planning Commission Meeting Date: May 22, 2018
Tentative City Council Meeting Date: June 19, 2018
AGENDA ITEM: Case 18-27-ME Max Steininger, Inc. Small
Scale Mineral Extraction Permit – New
Mining Operation
AGENDA SECTION:
Public Hearing
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.b.
ATTACHMENTS: Location Map, Draft Mineral Extraction
Permit, Project Narrative, Existing
Conditions Map, Mining Plan,
Reclamation Plan, Legal Description,
Aerial Images
APPROVED BY: K.L.
RECOMMENDED ACTION: Motion to recommend the City Council approve the Max
Steininger, Inc. Small Scale Mineral Extraction Permit, subject to the terms and
conditions in the attached Draft 2018 Conditions for Mineral Extraction and subject to
the following additional conditiond:
1) The reclamation plan shall be updated to provide a maximum slope of 4:1 at the
edges of the mining area and to depict a more gradual transition between the
final mine elevations and the remaining portions of the property outside of the
active mining area. This revised plan shall account for the future development
potential of the entire parcel.
2) The operator shall obtain a Minnesota DNR water appropriation permit for all
washing activity; any required sedimentation pond, including its design and
location, shall be approved by City.
3) The applicant shall secure a permit from Dakota County for the proposed
access to TH42.
4) The initial mineral extraction permit shall be valid until the end of 2019. The
applicant shall provide an operations update prior to December 30, 2018, for
review by City staff. This update will include the amount of material excavated
and removed from the site, the total quantity of material stockpiles on the site,
and other relevant information as requested by the City.
SUMMARY
The Planning Commission is being asked to consider a request from Max Steininger, Inc. for a new
small scale mineral extraction permit that will be located on a portion of a larger 79 acre parcel
approximately one mile east of State Highway 52 and south of County Highway 42. Small scale
mineral extraction is permitted in the City as an Interim Use within specified areas, and the proposed
site is located with the City’s mineral extraction overlay district. As an interim use, permits for mineral
extraction are valid for one calendar year (January 1 – December 31); however, staff is recommending
that the initial Steininger permit be issued through 2019, with an administrative staff review at the end
of 2018.
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Applicant & Property Owner(s): Max Steininger, Inc., 3080 Lexington Avenue South,
Eagan MN
Location: Approximately one mile east of US Highway 52 along
CSAH 42; adjacent to 4322 145th Street East
Area: 78.91 Acres (overall site); 37.8 (active mining area)
Comp. Guide Plan Designation: BP – Business Park; LDR – Low Density Residential
Current Zoning: AG – Agriculture
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, and the attached
permit.
BACKGROUND
The applicant, Max Steininger, Inc. (affiliated with the property owner County Road 42 Properties),
owns a construction and excavation business in Eagan and is asking to establish a new mineral
extraction site along Highway 42 in Rosemount. Because the mineral extraction use will be closely
tied to the applicant’s primary business, there will be limited sales of materials to outside projects
from the mine. The applicant has provided a detailed application packet for the mining operation,
and has hired Sunde Engineer to help prepare plans for the site and to provide information as
require under the City’s mineral extraction ordinance.
The site under consideration is located east of Highway 52 and south of County Highway 42 (145th
Street East). Overall, the applicant owns an L-shaped parcel of 78.91 acres with 700 feet of frontage
on Highway 42. There are two residential properties near the site that abut the northwestern
portion of the mining site, with residential homes and outbuildings all situated in the northern half
of these parcels. Similar to other neighboring properties along Highway 42, there is a 50-60 foot rise
in height between the northern and southerly property lines, with a steep ridge that provides a
break/transition between the lower portions of the property along Highway 42 and the higher
elevations to the south. Other than the ridge, most of the site is gently rolling, but relatively flat.
The near-by residential homes are located on the lower elevations at the base of the ridge closer to
the public right-of-way.
There are currently no structures on the site, which has been used for agricultural fields for many
years similar to much of the surrounding land. The other major users in the area include the two
single family residences noted above, the Rich Valley golf course further west along Highway 42,
and the Danner and Bolander mineral extraction uses to the east. The applicant’s mine will share a
common border with Danner, and as excavation occurs in both gravel pits along this boundary, the
final grades for each mine will likely be adjusted to match each other. This shared lot line approach
has been used on the other side of the Danner operation (adjacent to Bolander) and the final
reclamation plans may be able to eliminate the eastern slope as currently shown. Because the
boundary is within the latter phases of the Danner mining permit, the reclamation plan should
continue to show the slope as proposed until Danner progresses to its latter stages.
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The proposed extraction activity will take place on 37.8 acres in the southern and eastern portion of
the site in accordance with the “mine limit” depicted in the mining plan. The applicant has indicated
that the mining limits have been proposed to maintain a buffer between the mine and the adjacent
residential uses and to keep any extraction and processing activity as close to the adjacent mine as
possible. Access to the active mining area will occur via a new driveway from Highway 42 running
along the eastern property border. This new access point will require a permit from the County, and
has been placed as far as possible from any residential lot or structures. In order to help provide
additional screening and buffering from the adjacent residential lot, the applicant is also proposing a
15’ screening berm along the northern portion of the shared residential property line that will also
extend along the TH42 right-of-way.
Mining is proposed to occur over three phases generally moving from the east to the west on the
southern portion of the property. Excavation will lower the active mining portions of the site to the
860-870 elevation range, which represents cut of roughly 20-30 feet across the active mining part of
the site. The proposed final grades as depicted on the reclamation plan will bring the southern
portion of the property very close to the elevation of the northern part of the property. Essentially,
the applicant is proposing to excavate into the ridgeline and maintain these grades (with a slight
incline) throughout the mine. The phases have been developed to comply with the City’s extraction
requirements that each phase be no more than 15 acres in size. The applicant has stated that they
anticipate removing 20,000 cubic yards of material in 2018, with 30,000 cubic yards expected in
2019.
In addition to the removal of sand and aggregate material, the applicant is also requesting the ability
to process and wash material within the mine as an accessory use. The proposed processing will
include the recycling of concrete and asphalt, which will be crushed and blended with on-site
materials to produce recycled aggregate blends. No processing equipment will be brought to the site
until enough excavation has occurred to place the equipment below the surrounding grades (to help
provide buffering and sound mitigation). A setback of 1,000 feet between the processing equipment
and nearest single family home consistent with the City’s zoning requirements is depicted on the
mining plan.
The applicant’s project narrative includes citations referencing all of the City’s mineral extraction
standards, and the document demonstrates compliance with each of these requirements. The one
aspect of the site that will need further review concerns the storm water ponding that will be needed
once washing and processing is occurring on the site. Because the ponds will not be required at the
start of the mining operation, staff is proposing a condition of approval to require review and
approval of any ponding areas by the City (in addition to securing proper DNR permits for the
washing activity). As part of its initial submission materials, the applicant did not specify a specific
location or extent of any material stockpiles; staff has requested that this information be provided in
advance of the planning commission meeting.
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is a Quasi-Judicial action. 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.
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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
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
Residential Agricultural BP – Business Park
South Agriculture Agricultural LDR – Low Density Residential
East Agriculture/Mining Agricultural BP – Business Park
MDR – Medium Density Residential
West Agriculture Agricultural RC – Regional Commercial
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
proposed 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. The development staging of properties in the area
could impact the timing of mining operations in the future.
The proposed reclamation plan provides for 3:1 slopes at the edge of the mining area that taper back
to the adjacent properties. The City Engineer is recommending that no final, reclaimed slopes
exceed 4:1, so staff has added a condition of approval that the reclamation plan be updated
accordingly. Although the slope between the Danner and proposed Steininger mines may eventually
go away as work progresses in the Danner operation, the other slopes will need to be incorporated
into future redevelopment projects. With the additional area left undisturbed in the northern
portion of the applicant’s property, staff is also recommending that the reclamation plan be updated
to provide a more gradual transition to the north from the future “floor” of the mining area. This
revision is intended to provide a site more suitable for future development when it occurs.
As part of its submission, the applicants existing conditions map shows the contours for the water
table in across the site, which ranges from just over 810 feet in the southwest corner of the property
to slightly more than 795 in the northeast corner. Although the plan notes that these are
approximately elevations derived from the MWI well logs and Dakota County Geologic Atlas Series,
the lowest mining elevations are well above these numbers Throughout the majority of the site,
there will be approximately 70 feet between the bottom of the mine and groundwater. For
comparison purposes, the Danner mine is allowed to mine to an elevation of 840 feet.
Because the applicant will likely not begin excavation activity until later this summer (at least halfway
through the year) staff is recommending that the initial operating permit be extended until the end
of 2019, at which point the site would require an annual review like all similar mining operations.
Staff is recommending a condition of approval that the applicant provide the basic information
needed as part of its annual review by the end of the year for review by staff. Staff also anticipates
conducting an inspection before the end of the year that coincides with the other mineral extraction
permit reviews. In addition to a site inspection, the annual mineral extraction permits include
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consultation with the Rosemount Police Department regarding any police activity at the site. Staff
will request these records prior to the end of the year and as part of the 2019 permit review.
Staff has drafted a proposed permit with conditions for review by the Planning Commission as part
of its review.
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, and the attached
permit with conditions of approval.
Dakota County, MN
Property Information
May 9, 2018
0 1,750 3,500875 ft
0 525 1,050262.5 m
1:1 9,2 00
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.
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Mineral Extraction Permit
2018-2019 Conditions for Small Scale Mineral Extraction Permit
MAX STEININGER, INC.
A Max Steinnger 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 Phase 1 (approximately 15 acres) on Exhibit A, Mineral
Extraction Permit Mine Plan, which is attached hereto as an exhibit. Regrading and reclamation shall
occur in the area designated Phase 1 on Exhibit A in accordance with the requirement of Section 11-10-4.4
of the City Code. Reclamation is not expected to occur in the 2018 or 2019 calendar year,
D The term of the permit shall extend from the date approved by the City Council until December 31, 2019
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.
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
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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 July 1, 2018 to July 31, 2020.
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 July 1, 2018 to July 31, 2020.
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. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County
Environmental Management Department as incidental to a sand and gravel mining operation. Any such
activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any
ponding areas, wash plants or other processing or equipment brought to the site shall require additional
site and grading plan information subject to review and approval of the City Engineer.
R. 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.
S. 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.
T. 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
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shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
U. 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.
V. 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).
W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials.
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. There shall be no “haul-back” of materials from any other property or job site that would be imported to
the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs
Q, W, and topsoil imported for the purpose of re-establishing turf as accepted by the City.
AA. Mining to the elevation of 870 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 no instance shall mining occur in the
groundwater aquifer.
CC. Blasting or the use of explosives is prohibited.
DD. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating
boxes, using of “jake” or engine brakes (except in emergency situations) or other such activities that result
in excessive noise.
EE. The City of Rosemount shall have the ability to collect independent soil and water samples.
FF. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in
Minnesota State Statute 609.605.
Max Steininger, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of __________________, 2018. MAX STEININGER, INC.
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By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2018, by __________________________________, on behalf of Max Stieninger, Inc., Property Owner. ______________________________________ Notary Public
April 2018
Max Steininger, Inc.
Application for
Small Scale Mineral Extraction Permit
City of Rosemount, Minnesota
Sunde Engineering, PLLC
10830 Nesbitt Avenue South
Bloomington, MN 55437
952 881-3344
0 | P a g e M a x S t e i n i n g e r , I n c .
S m a l l S c a l e M i n e r a l E x t r a c t i o n P e r m i t A p p l i c a t i o n
MAX STEININGER, INC.
APPLICATION FOR
SMALL SCALE MINERAL EXTRACTION PERMIT
ROSEMOUNT, MINNESOTA
1.0 INTRODUCTION
Max Steininger, Inc. (Steininger) is requesting a small scale Mineral Extraction Permit for a parcel
of property located in the City of Rosemount (Site). The Site encompasses 79 acres, of which 38
acres are proposed to be mined. The property is located just south of CSAH 42 and approximately
three-quarters of a mile East of US Highway 52. The Site is zoned Agricultural (AG) and is located
within the Small Scale Mineral Extraction Overlay District. Figure 1: USGS Quad Map Excerpt
Shows the location of the Site with respect to the surrounding area. The current land use of the
Site is agricultural. Surrounding land use includes mining operations to the west, agricultural uses
to the north south and east, and a golf course to the northwest.
2.0 APPLICATION FORM
2.1 Legal description:
See Attachment 1
2.2 Name, address, phone number of the applicant, landowner, and person in charge of the mining
operation:
Greg Steininger
Max Steininger, Inc.
3080 Lexington Avenue South
Eagan, MN 55121
651 454-6620
2.3 Names and addresses of adjacent landowners within one quarter mile of the Site:
There are property owners located within one-quarter mile of the Site. A list of their names and
addresses is provided in Attachment 2.
2.4 The purpose of the proposed excavation:
The mining operations will be used to supply material predominantly for use in the operator’s
own construction projects with limited sales to outside parties.
2.5 The estimated time required to complete the proposed excavation and rehabilitation:
The estimated life of the excavation and reclamation operation is twenty years. The life of the Site
will depend upon the market demand and general development and construction activity in the
area.
2.6 The names of the highways, streets, or other public roadways within the city upon which the
material shall be transported:
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Material will be hauled from the Site accessing CSAH 42 and then west to US 52 as illustrated on
Figure 1, Haul Routes. Some local jobs may result in variations to this general haul route.
3.0 SITE ANALYSIS
The majority of the Site is farmed with no buildings or structures located on Site. Surrounding land
uses are predominantly agricultural with rural residential land uses and a golf course to the
northwest and active mining operations to the east. Figure 2, USGS Quad Map Excerpt, illustrates
features of the Site and surrounding land. Sheet C1, Existing Conditions, illustrates site features in
more detail.
The Site is not located within a floodplain.1 There are no watercourses or wetlands located on the
Site according to the National Wetland Inventory. The northern portion of the Site borders CSAH 42.
The topography of the Site slopes to the South and ranges in elevation from 852 feet above mean
sea level (msl) near CSAH 42 to 914 feet above msl at the southern property line. Slopes vary from
1% to 25%. There is a 25 foot rise in elevation that runs northwest to southeast through the
northern portion of the property. The slope is vegetated with brush and grass. The mining activity
will occur into the upper terrace progressing into the central and southern portion of the Site.
There are two residential properties located to the northwest of the proposed mine limits. Mining
areas have been planned to have the least impact on the nearest residential land uses. The aerial
photograph inset below illustrates a view of the Site with the property boundary outlined in yellow
and the mine limits in white. The view is from the south looking north.
1 Federal Emergency Management’s Flood Insurance Rate Map for Dakota County, MN 270 37C 0235E retrieved
online at https://msc.fema.gov/portal/search?AddressQuery=Rosemount%20MN#searchresultsanchor
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Inset 1: Aerial Photograph
The elevation of the water table beneath the Site is illustrated on Sheet C1, Existing Conditions. The
water table varies form 795 feet above msl in the northeast corner of the Site to just over 810 feet
above msl in the southwest corner of the Site. The direction of groundwater flow is to the northeast.
Water table elevation information is from area well records and information contained in the Dakota
County Geologic Atlas. All mining activity will occur above the water table.
4.0 Mine Operations Plan:
4.1 Site Preparation:
Initial site activities will include establishing an access road to the mine area, constructing
screening berms along CSAH 42 and the adjacent residential property as indicated on Sheet C2
Mining Plan. The screening berm along the residential property boundary will screen the view of
the access road into the site. Screening berms will shaped and vegetated.
4.2 Phasing:
The Site will be mined in phases. Each phase is 15 acres or less. In accordance with the City of
Rosemount Small Scale Mineral Extraction Code, the Mineral Extraction Permit will be initially be
valid for Phase 1 only. An extraction permit for Phase 2 will not be issued until at least 70% of the
Phase 1 has been reclaimed in accordance with an approved reclamation plan. Only portions of
the active mine phase will be stripped at any given time to reduce the amount of disturbed area
open at any given time. Mining will begin in a north to south direction through Phase 1.
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4.3 Mining and Processing:
Material will be excavated and processed. Processing will consist of crushing and screening with
portable processing equipment set up upon the floor of the mine recessed from the surrounding
grade to reduce noise and dust emissions. Material will be stockpiled on the floor of the mine.
Recycling of concrete and asphalt will also take place on site. These materials will be crushed and
blended with on-site materials to produce recycled aggregate blends. Clean soil fill may be
backhauled to the site from the operator’s construction jobs an used in site reclamation.
4.4 Setbacks:
A minimum 30-foot setback will be maintained between the mining excavation and all property
lines, except the eastern property line where there is a common mining border. The setback from
CSAH 42 will be over 700 feet. Processing equipment will be setback over a minimum of 1,000 feet
from any residential structure.
4.5 Fencing:
No fencing is proposed. It is anticipated that all slopes excavations will be kept at 1.5:1 (H:V) or
flatter. The Site entrance will be secured with a locking gate.
4.6 Appearance and Screening:
All machinery will be kept operational. Abandoned machinery and any rubbish will be promptly
removed from the mining area. Reclamation will be completed within three months of
termination of mining activity. This includes the dismantling of all buildings and structures
incidental to the mining operations.
5.0 OPERATING STANDARDS
5.1 Noise
The mining operation will operate in compliance with all State noise standards. State standards
have been established for daytime hours and nighttime hours. The Site will operate entirely within
the daytime hours.
Table 1.1 Minnesota Noise Standards for Residential Land Uses
Daytime Nighttime
L50 L10 L50 L10
60 dBA 65 dBA 50 dBA 55 dBA
Measures will be taken at the Site to minimize noise emissions from the Site. These measures
include screening berms, recessing mining and processing activities below the surrounding grade
so the topography shields and absorbs sound energy reducing sound emissions. Maintenance of
operating equipment and use of standard noise control equipment such as mufflers will also
reduce sound levels at the Site.
5.2 Hours:
All excavation operations shall be conducted between 7:00 A.M. and 7:00 P.M., Monday through
Saturday only.
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5.3 Explosives:
No explosives will be used at the Site.
5.4 Fugitive Dust:
All practical means to reduce the amount of dust generated by excavation operations will be
utilized. Fugitive dust will be minimized by recessed operations, spray bars on processing
equipment, dust suppressants on internal haul roads, and the establishment of permanent
vegetation on perimeter berms and reclaimed areas. Fugitive dust will not exceed air pollution
standards established by the Minnesota Pollution Control Agency. Processing equipment is
subject to a MPCA air emissions general permit for non-metallic mineral mining which includes
standards for fugitive dust emissions.
5.5 Water Pollution:
The Site will operate under an MPCA General Stormwater Permit for Nonmetallic Mineral Mining.
(General NPDES Permit) Under the terms of the General NPDERS permit, the site must prepare
and operate under a site specific stormwater pollution prevention plan (SWPPP). This plan
includes industry best management practices for managing stormwater and preventing
contamination of surface and groundwater. The majority of stormwater will be managed
internally through infiltration. Fuel storage will be in accordance with MPCA regulations. The
SWPPP will also contain spill prevention and response and reporting measures. No waste products
or processed residue, including untreated wash water shall be deposited in any public waters of
the State of Minnesota.
5.6 Topsoil Preservation:
All topsoil shall be retained at the Site until the completion of mining and used for reclamation.
5.7 Excavation Slopes:
All excavation slopes other than the working face shall not exceed 1:1 (horizontal to vertical)
unless a steeper slope is approved by the City. No excavation shall take place adjacent to a public
roadway or waterway.
5.8 Equipment:
All equipment and machinery will be located within the mine and operated in a manner that
minimizes dust, noise, and vibration. Power drives or power producing machines will be setback a
minimum of one thousand feet from a residential structure. Fugitive dust will be controlled from
internal haul roads and the access road using water or calcium chloride.
5.9 Processing:
Portable crushing and screening equipment will be brought to the site on a periodic basis to
process material. A portable washplant may also be periodically operated at the site. A MnDNR
Water Appropriation permit is required prior to conducting any washing activity at the site.
Sedimentation ponds used to clarify and recycle washwater back to the washplant will be
constructed on the floor of the mine. Washwater will be recycled and not allowed to discharge off
site.
5 | P a g e M a x S t e i n i n g e r , I n c .
S m a l l S c a l e M i n e r a l E x t r a c t i o n P e r m i t A p p l i c a t i o n
6.0 ANNUAL REPORT
The applicant shall annually submit to the council written estimates of:
6.1 The total area of the mineral extraction operation (expressed in acres) to be actively mined during
the forthcoming year; and
6.2 The area under the permit (expressed in acres) which will not be actively mined during the
forthcoming year.
6.3 Security Bond:
Steininger will post a reclamation bond acceptable to the City, (cash escrow or letter of credit) in
an amount determined by the council. The reclamation bond mat be adjusted on an annual basis
to reflect the amount of active mine area open and unreclaimed and the amount of mine area
reclaimed. The security shall remain in full force and effect for a minimum period of one year after
expiration of the extraction permit to guarantee the required reclamation as well as the other
requirements herein provided.
7.0 CERTIFICATION
I certify that the plans, specifications or reports for the
above described facility were prepared by me or under
my direct supervision and that I am a duly Registered
Professional Engineer and a Registered Professional
Geologist under the laws of the State of Minnesota.
Kirsten Pauly
Reg. No. 21842 Date: April 18, 2018
Site
Small Scale Mineral
Extraction Overlay District
Figure 1
United States Geological Survey
Quad Map Excerpt
1000 2000
SCALE IN FEET
0
Engineering, PLLC.
Sunde
Site
Figure 2
Haul Route
500 1000
SCALE IN FEET
0
Engineering, PLLC.
Sunde
850850850860870880890900900890 890900900900
8908909008909
0
0
910910910910910900
9009008908808708609109008908808708808
9
0
890880870860890880870870860870 860850805800810795CSAH 42NWI WetlandProposed Mine Limit30' Setback30' SetbackSHEET NO:DATE:DRAWN BY:CHECKED BY:SCALE:APPROVED BY:PROJECT NO.:REG. NO.:DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTION:INFORMATION:REVISIONDATEEngineering, PLLC.CONSULTING CIVIL ENGINEERS10830 NESBITT AVENUE SOUTHBLOOMINGTON, MINNESOTA 55437(952) 881-3344 TELEPHONE(952) 881-1913 FAXwww.sundecivil.comSundeKirsten Pauly of218424/18/2018C1Notes:1.Topographic information from Twin CitiesMetro Region LiDAR data collected during theSpring and Fall of 2011.2.Aerial Photo collected April-May 2017,accessed from the Minnesota GeospatialCommons.3.Parcel information from Dakota County GISdata.4.Water table elevation information from MWIwell logs and Dakota County Geologic AtlasSeries: Atlas C-6, Plate 6 of 9 - BedrockHydrogeology. Water Table elevations areapproximate and expected to vary over time.5.Wetland locations obtained from NationalWetland Inventory (NWI) map, whichindicates no on-site wetlands.6.The site is not located within a floodplainbased on information within the DakotaCounty DFIRM.7.There are no on-site watercourses.Building FootprintMWI Well LocationStormwater Flow DirectionWater Table ContourMax Steininger,Inc.Rosemount, MNExistingConditions800
Phase 115.0 AcresPhase 215.0 AcresPhase 37.8 AcresCSAH 42Site Access30' Setback30' SetbackCommon Mining Border
15' Screening BermMine Limit1000 ft ProcessingEquipment SetbackSHEET NO:DATE:DRAWN BY:CHECKED BY:SCALE:APPROVED BY:PROJECT NO.:REG. NO.:DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTION:INFORMATION:REVISIONDATEEngineering, PLLC.CONSULTING CIVIL ENGINEERS10830 NESBITT AVENUE SOUTHBLOOMINGTON, MINNESOTA 55437(952) 881-3344 TELEPHONE(952) 881-1913 FAXwww.sundecivil.comSundeKirsten Pauly of218424/18/2018Max Steininger,Inc.Rosemount, MNMine PlanC2Notes:1.Topographic information from TwinCities Metro Region LiDAR datacollected during the Spring and Fall of2011.2.Parcel information from Dakota CountyGIS data.3.Excavation to 860-870 feet above msl.Building FootprintMWI Well Location
CSAH 423:1 SlopesCommon MiningBorder MayEliminate Slope880900910900890880870
880
890
870
900900890880878876874872870
SHEET NO:DATE:DRAWN BY:CHECKED BY:SCALE:APPROVED BY:PROJECT NO.:REG. NO.:DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTION:INFORMATION:REVISIONDATEEngineering, PLLC.CONSULTING CIVIL ENGINEERS10830 NESBITT AVENUE SOUTHBLOOMINGTON, MINNESOTA 55437(952) 881-3344 TELEPHONE(952) 881-1913 FAXwww.sundecivil.comSundeKirsten Pauly of218424/18/2018C3Notes:1.Topographic information from Twin Cities MetroRegion LiDAR data collected during the Springand Fall of 2011.2.Parcel information from Dakota County GISdata.3.The floor of the mine area is anticipated to varydepending upon the ultimate soils balanceavailable. Reclamation grades represent aminimum reclamation elevation. Clean fill,consisting exclusively of uncontaminatedearthen materials, may be imported to the siteas part of mine operations and used as backfillto attain a higher reclamation grade. than isindicated on the plan.4. Perimeter slopes will be backfilled to at least a3:1 (H:V) slope.5.Topsoil will be placed on backfilled and slopedareas to a depth of 4-8 ".6.Topsoiled areas will be seeded and mulched toestablish vegetation and provide site stability.Seed mix will depend upon the nature of thereclamation soils but will be MnDOT generalroadside mix 25-141 or similar.Max Steininger,Inc.Rosemount, MNReclamationPlan
Attachment 1 – Legal Description
Max Steininger Small Scale Mineral Extraction – Aerial Image