HomeMy WebLinkAbout5.c. Request by Carl Bolander for a Small Scale Mineral Extraction Permit Renewal for 2019
EXECUTIVE SUMMARY
Planning Commission Meeting: November 27, 2018
Tentative City Council Meeting: December 18, 2018
AGENDA ITEM: Case 18-55-ME Renewal of the Small
Scale Mineral Extraction Permit at the
Ped/Kuznia Properties for Bolander and
Sons for 2019
AGENDA SECTION:
Public Hearing
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.c.
ATTACHMENTS: Location map, Draft 2019 Mining Permit,
Applicant’s Narrative (Sand and Gravel
Mining and Backfill Plan 11/18 Year Two
Report), Phasing Plan, Reclamation Plan
(2016), Aerial Images, Site Photographs
APPROVED BY: KL
RECOMMENDED ACTION: Motion to recommend the City Council approve the Bolander
and Sons Mineral Extraction Permit for 2019, subject to the terms and conditions in the
attached 2019 Draft Conditions for Mineral Extraction.
SUMMARY
Applicant: Bolander and Sons
Property Owner(s): Karin Larson, G Kuznia, & K Ped
Location: 4992 145th Street East
Area in acres: Ped – 80 Acres, the West half along Co. Rd. 42.
Kuznia – 80 Acres, the East half along Co. Rd. 42.
Mining area: Approximately 15 acres
Comp. Guide Plan Designation: BP – Business Park, MDR - Medium Density Residential and
LDR - Low Density Residential
Current Zoning: AG - Agriculture
The applicant, Bolander and Sons, requests approval of an annual mineral extraction permit for the
properties located at 4992 145th Street East. The subject properties are owned by Karin Larson, Kimberly
Ped, and Grace Kuznia and are located approximately 1 ½ miles east of US Highway 52 and south of
County Road 42. This request represents the third year that the applicant will be operating the mining site,
and previous reclamation concerns appear to have been addressed over the past year. One of the issues
from the last renewal concerned the reclamation of Phase 1, which was completed in the summer of 2018.
All reclamation required by the previous mine operator has been finished and the applicant is able to
proceed with mining in accordance with the approved phasing plan.
BACKGROUND
The applicant received their first annual permit as operators of the mine in 2017. Over the course of the
year approximately 180,000 cubic yards were exported from the site which was off-set by a similar amount
being hauled back to the site from projects for use in restoration of the pit. As depicted in the attached
aerial imagery from 2017 and 2018, the applicant has completed a significant amount of restoration on the
site, which included bringing the Phase 1 area up to its final reclaimed elevations. The applicant has
provided data from the analytical testing performed on the soils brought to the site, and has performed the
required compaction testing on these soils as well. For 2019 the applicant is expecting to haul 150,000 to
2
200,000 cubic yards from the mine, generally consistent with the amount of material removed over the
past year. Work is expected to continue in Phases 2 and 3, with mining below the final restoration grades
occurring in the Phase 2 area. The applicant notes that they will not exceed the maximum of 50,000 cubic
yards of required fill below restoration grades on the site in 2019.
ISSUE ANALYSIS
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 zoning, current land use and future land use
information (including the proposed 2040 land uses) for the surrounding properties. None of the sites are
located within the current Metropolitan Urban Service Area (MUSA). It should be noted that some of the
agricultural uses include associated residential uses.
Surrounding Land Use and Zoning Information
Direction Current Land Use Guided Land Use Zoning
North Agriculture Commercial, Business Park & Light
Industrial (2040 Draft Plan – Medium
Density Residential)
Agriculture
South Agriculture Medium Density Residential (west half)
Business Park (east half). (2040 Draft
Plan – Low Density Residential)
Agriculture Preserve
East Agriculture Business Park, Medium and Low Density
Residential (2040 Draft Plan – Low
Density Residential)
Agriculture
West Agriculture/Mining Commercial, Business Park & Medium
Density Residential (2040 Draft Plan –
Low Density Residential)
Agriculture
The Ped/Kuznia mine is accessed by a joint access road with the Danner mine on the western edge of the
Ped property line. The applicant maintains a private access agreement with Danner to coordinate mining
levels and allow continued access to the site.
As a part of the annual review of all mineral extraction permits, staff performs an inspection of the site
and consults with the Rosemount Police Department regarding any police activity. No ordinance or
permit condition violations were apparent during the inspection. Police records found no incidents at the
subject property during 2018.
CONCLUSION & RECOMMENDATION
The concerns that arose during the last permitting cycle regarding the changeover from the previous
operator were addressed in 2018. The reclamation of the site is proceeding as planned and the applicant is
meeting the conditions contained in the mining permit. Staff recommends renewal of the Small Scale
Mineral Extraction Permit at the Ped/Kuznia Properties for Bolander and Sons for 2019.
CARL BOLANDER SITE MAP
Property Information
0 0.65 1.30.325 mi
0 1 20.5 km
1:38,400
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.
2018 2019 Mining Permit Bolander and Sons./Ped -Kuznia Page 1 of 6
Small Scale Mineral Extraction Permit
2018 2019 Conditions for Small Scale Mineral Extraction Permit Renewal
Bolander and Sons (PED-KUZNIA)
A. Bolander and Sons (hereinafter the “Operator”) shall sign a written consent to these conditions
binding itself and its successors and assigns to the conditions of this permit. Karin L. Larson,
Kimberly K Ped and Grace Kuznia (hereinafter the “Owner”) shall sign written
acknowledgment and consent to these conditions and to issuance of this permit in the form set
forth at the end of these conditions.
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, Phase 2 and Phase 3 as shown on the
Phasing Plan dateds 11-061-20186. Reclamation in Phase 1 will occur by July 1, 2018 to bring
the elevation up to the 840’ or consistent with the reclamation plan. Seeding of completed
reclamation areas is also required. After completion of Phase 1 reclamation, siteThe active
mining and excavation areacannot exceed 19.5 acres open at any one time and only 540,000
cubic yards can be open below the reclamation grades consistent with the approved Plan, at any
one time. The establishment of vegetation is required within all completed reclamation areas.
D. The term of the permit shall extend from January 1, 2018 2019 until December 31, 2018 2019
unless revoked prior to that for failure to comply with the permit requirements. A mining
permit fee of $370.00 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 Operator 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 submitted
Proposed Reclamation Plan dated 11-01-2016. An 8% grade for the public road corridor which
allows access into the site consistent with public road standards is required through site
reclamation.
G. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 (CSAH
42) from the joint access between the Danner and Ped properties and the designated truck route
to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on
STH 52 to the City boundary. It shall be the Operator’s responsibility to obtain easements 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 or the Minnesota
Department of Transportation if applicable or if any changes occur relative to the mining
process.
2018 2019 Mining Permit Bolander and Sons./Ped -Kuznia Page 2 of 6
H. A gate must be placed at the driveway entrance that shall be secured after hours. The operator
shall also install and maintain “No Trespassing” signs consistent with the standards outlined in
Minnesota State Statute 609.605.
I. The Operator shall clean dirt and debris from extraction or hauling operations related to the
Mineral Extraction Permit from streets. After the Operator has received 24-hour verbal notice,
the City may complete or contract to complete the clean-up at the Operator's expense.
J. 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.
K. No topsoil shall be removed from the site and the Operator shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be
indicated on Exhibit A, the Mining Plan.
L. 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 Operator.
M. All costs of processing the permit, including but not limited to planning fees, engineering fees
and legal fees, shall be paid by the operator prior to the issuance of the permit. The Operator
shall reimburse the City for the cost of periodic inspections by the City Public Works Director
or any other City employee for the purpose of insuring that conditions of the permit are being
satisfied. The Operator agrees to reimburse the City for any other costs incurred as a result of
the granting or enforcing of the permit.
N. 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 to being changed by the City Council.
O. The Operator shall deposit with the Engineering 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 Operator. 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 Operator 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 Public Works Director
or any other City officials.
4) Conditioned that the Operator 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 Operator.
2018 2019 Mining Permit Bolander and Sons./Ped -Kuznia Page 3 of 6
5) The surety bond or cash escrow shall remain in effect from January 1, 2018 2019 until July
31, 20192020.
6) 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.
P. The Operator 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, 2018 2019 until July 31, 20192020.
Q. Processing and crushing of materials are permitted on the site in accordance with the Sand and
Gravel Mining Plan and Backfill Plan dated October 2017November 2018. No additional
processing or production of materials may occur on the site and construction of any ponding
areas or wash plants shall require additional City Council approval and notification of adjacent
property owners, except as approved by the Dakota County Environmental Health Department
as incidental to a sand and gravel mining operation. Any such activities will be enclosed with
cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained.
R. The Operator and the Owner shall hold the City harmless from all claims or causes of action
that may result from the granting of the permit. The Operator and the 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 Operator 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. Modifications or expansion of the mining areas must be approved in writing buy by the City.
U. The Operator 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. The Operator shall receive all applicable permits and follow all appropriate regulations of all
federal, state, or county agencies.
W. The Proposed Reclamation Plan shall be coordinated with any abutting Mineral Extraction site
to insure matching conditions and final grades along any adjoining property line(s) to the
greatest extent possible. 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
2018 2019 Mining Permit Bolander and Sons./Ped -Kuznia Page 4 of 6
less than two inches after reclamation. Reclamation of the site must be consistent with the
Council approved reclamation plan to ensure future development potential of the site.
X. 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.
Y. The fill area regrading and reclamation shall follow the procedures described in the Sand and
Gravel Backfill Protocol dated 2016 including an annual report submitted to the City describing
the quantities of material brought in, where the material came from, and the test result of the
material including supporting analytical results.
Z. Mining to the elevation of 840 feet above mean sea level is allowed provided that the site is
reclaimed to the elevation shown on the Proposed Reclamation Plan dated 11-01-2016. Should
haul-back be brought to the site, it must comply with the Sand and Gravel Backfill Protocol
dated January 2016. In no instance shall mining occur in the groundwater aquifer.
AA. Blasting or the use of explosives is prohibited in the mining of Bolander and Sons operation.
BB. The City of Rosemount shall have the ability to collect independent soil and water samples.
2018 2019 Mining Permit Bolander and Sons./Ped -Kuznia Page 5 of 6
Karin L. Larson, Kimberly K. Ped and Grace Kuznia, Minnesota residents and owners of the
properties for which this permit is issued, hereby consent and agree to the issuance of a mineral
extraction permit for said properties and to the imposition of the foregoing conditions. Owners
further agree and consent to entry onto said properties by the City, its officers, agents, contractors
and employees and by the surety of the bond issued in accordance with paragraph O, its officers,
agents, contractors and employees to take any action deemed necessary by the City to enforce and
assure compliance with the conditions of this permit and law. Owners further agree that they will
not bring any claims or legal actions against the City, its officers, agents, contractors or employees
for damages arising out of issuance of this permit or administration or enforcement by the City of
the conditions of this permit or of law. The foregoing agreements of Owners shall run with the
land of said properties and shall bind the Owners, their heirs, successors and assigns.
By:
Karin L. Larson
By:
Kimberly K. Ped
By:
Grace Kuznia
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20___ by
Karin L. Larson, Minnesota resident and property owner.
________________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20___ by
Kimberly K. Ped, Minnesota resident and property owner.
________________________________________
Notary Public
2018 2019 Mining Permit Bolander and Sons./Ped -Kuznia Page 6 of 6
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20__ by
Grace Kuznia, Minnesota resident and property owner.
________________________________________
Notary Public
That _________________________ of Bolander and Sons, the operator, hereby consents and
agrees to the foregoing conditions of said mining permit.
Bolander and Sons
By:
Its: _______________________
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20__ by
_______________________ of Bolander and Sons, the operator.
________________________________________
Notary Public
Bolander Mine Inspection November 2018
Restoration Area - North
Restoration Area - East
Bolander Mine Inspection November 2018
Active Mining Area
Active Mining - Looking West
Bolander Aerial Images
September 2018
October 2017