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HomeMy WebLinkAbout9.b. Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit through 2019 EXECUTIVE SUMMARY City Council Meeting Date: January 15, 2019 AGENDA ITEM: Case 18-57-ME Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit through 2019 AGENDA SECTION: New Business PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 9.b. ATTACHMENTS: Location Map; Draft 2019 Mineral Extraction Permit; Application Narrative; Overall Phasing Map; 2018 Sub-Phase Map (Mining Area – North and Mining Area – South); 2018 Complaint and Night Hauling Log (from applicant); Proposed Wet Mining Boring Locations; Aerial Photos, Planning Commission Meeting Minutes (Excerpt) APPROVED BY: LJM RECOMMENDED ACTION: Motion to Renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2019, subject to the terms and conditions in the attached 2019 Draft Conditions for Mineral Extraction Permit. ISSUE Dakota Aggregates has applied for the annual renewal of their large scale mineral extraction permit (LSMEP) on the UMore property. An annual operating permit is required for all gravel operations within the City, and the Dakota Aggregates permit was last renewed in January 2018. None of the ancillary uses, including the aggregate processing facilities, concrete product casting yard and concrete and asphalt production are due for renewal this year. Due to the interconnected nature of the mineral extraction and processing activities taking place on the site, any concerns with the other activities may be reviewed as part of the LSMEP discussion. For 2019, Dakota Aggregates is proposing to expand the southern mining area by 4.55 acres and will expand into portions of two new sub-phases in the northern mining area. Expansion in the northern mining area coincides with completion of reclamation in earlier sub-phases. PLANNING COMMISSION MEETING The Planning Commission considered the large scale mineral extraction permit renewal at its December 17, 2018 meeting. The Commission raised some questions about the current status of the mining operation compared to the original phasing plan. Staff noted that the applicant has generally been working in a northeast to southwest direction in the northern dry mining area, but that the phasing plan anticipated mining occurring in more of a north to south direction rather than west to east. Staff also explained that part of the recommendation concerning the mining renewal requires the applicant to submit a revised phasing plan that accounts for the work performed over the past several years and better aligns with the current site conditions. Staff anticipates working with the University and Dakota Aggregates on the phasing plan which will also recognize the phasing for future residential development east of the mining area. 2 Commissioners also asked about the northern haul road and whether or not elimination of the road would help alleviate some of the noise complaints from neighbors. Staff explained that the timing of many of the complaints received in the past appear to coincide with times trucks were actively using the northern haul road. Staff pointed out that the City has been working with Dakota Aggregates to conduct sound monitoring when hauling is occurring in order to obtain a better understanding about any potential noise sources and their levels compared to MPCA noise standards. Even though night hauling from the north was limited in 2018, staff expects to have equipment set up for monitoring whenever hauling will occur over multiple nights in 2019. Shawn Dahl, representing Dakota Aggregates, discussed the history of the phasing plan and his firm’s early work to commence mining on the site. He noted that the initial excavation of the site created a large sand pile in the northern mining area, and that they have since been removing this material on a steady basis. They will continue to work around the pile until it is gone and then commence with below grade mining in this area. He reviewed Dakota Aggregates current plans for mining the site, and explained that they have been trying to maintain as much separation as possible between existing residential areas and the active mining portions of the site. He stated that Dakota Aggregates has also been trying to accelerate mining near northern residential areas in order to move the active mining further away from residential areas sooner than later. Since the Planning Commission meeting, staff has received some questions and comments from former Councilmember and current Environmental Task Force member Vanessa Demuth concerning the mining renewal. In particular, Ms. Demuth expressed concern that the City does not receive the required annual ground monitoring report from Dakota Aggregates until after the annual review has been completed (the report is due January 31st of each year consistent with the initial approval). The report is very technical in nature and is reviewed by a consultant with expertise in the area of ground water protection on behalf of the City. Should any issue come up during the review, staff is confident that the mining permit and agreement (and City ordinances) provide adequate remedies to ensure compliance. Any issues would also be noted during the forthcoming annual reviews as well. Similar to other developments in the City, staff monitors site activities to ensure compliance with approved conditions throughout the year. SUMMARY Applicant: Dakota Aggregates, LLC, 2025 Center Pointe Boulevard Suite 300, Mendota Heights, MN Property Owner: University of Minnesota (UMore Development, LLC), 1300 South 2nd Street Suite 208, Minneapolis, MN Location: Northwest corner of County Road 46 and Station Trail; and ¼ mile south of County Road 42 (active mining areas) Mining area in acres: 142.35-acre total area; 68.18 acres about ¼ mile south of County Road 42 (Dry Mining) and 74.47 acres at the northwest corner of County Road 46 and Station Trail (Dry/Wet Mining). Comp Plan & Zoning: Agricultural Research Extraction progress: 9 Phases (3 partial) of 16 (approximately 20% complete). Nature of request: Annual renewal. 3 Legal Authority The large scale mineral extraction renewal approval is a quasi-judicial action, meaning that if the application meets the City Code, the large scale mineral extraction permit conditions and interim use permit regulations, then the large scale mineral extraction renewal must be approved. Staff supports approval of the large scale mineral extraction renewal and finds that it is substantially in conformance with the approved large scale mineral extraction permit and the interim use permit regulations with recommended conditions. The detailed analysis of this finding is provided below. In accordance with the Zoning Ordinance, the purpose of the annual operating permit “is to provide an opportunity for the city council to review the operation of the mine, gather public comment on the operation, modify any permit conditions as necessary to address adverse impacts that arise from the operation, and revise the phases and/or sub phases of the mine. The large scale mineral extraction interim use permit provides a zoning basis for the mine provided the city issues an annual operating permit”. Background The City of Rosemount approved a Large Scale Mineral Extraction Permit for Dakota Aggregates in late 2012. This action established the overall zoning permit for the mining and extraction activities that were planned for the property. Since the initial site approval, the applicant (or another parties working with the applicant) has brought forward requests for the various interim uses allowed under the ordinance and mining permit. The applicant has also received approval for the annual renewal of the mineral extraction use in subsequent years. In order to clarify the approvals that have been granted for the site, staff prepared the following updated summary chart, with the annual reviews highlighted: Permit Date Issued Term (yrs) Notes/Comment Large Scale Mineral Extraction 12/18/12 40 Initial IUP for entire site (northern dry mining area to be completed by 2028) LSMEP Annual Permit 12/18/12 1 Annual Permit for 2013 Aggregate Processing IUP 12/18/12 3 Interim use for aggregate processing and recycled aggregate processing LSMEP Renewal 12/17/13 1 Annual Permit for 2014 Primary Ready-Mix Concrete Plant IUP 5/20/14 10 Enclosed facility within the approved auxiliary use area Seasonal Ready-Mix Concrete Plant IUP 5/20/14 10 Within same area as the primary plant LSMEP Renewal 11/18/2014 1 Annual Permit for 2015. Extended hours approved with permit Aggregate Processing IUP 11/18/14 5 Interim use for aggregate processing and recycled aggregate processing – extension of original permit. Extended hours approved with permit Wells Concrete Casting Facility 12/16/15 30 Interim use for a concrete casting facility within the approved auxiliary use area LSMEP Renewal 3/1/16 1 Annual Permit for 2016, conducted review of sound issues LSMEP Renewal 1/17/17 1 Annual Permit for 2017 LSMEP Renewal 2/20/18 1 Annual Permit for 2018 LSMEP Renewal* (1/15/19)* 1 Annual Permit for 2019 * Permit currently under review The current request is specific to the annual renewal of the large scale mineral extraction permit. The other auxiliary uses identified in the above chart have been approved or renewed by the City and are operating within their approved time frames and in compliance with approval conditions. Please note that the Interim Use Permit (IUP) for the aggregate processing facility will expire later this year 4 and will need to be submitted in conjunction with next year’s annual mining permit renewal. There are nine years remaining for complete excavation and restoration in the northern mining area. As part of the current renewal application, the applicant is not requesting any changes to the general terms and conditions of the mining activity, including the hours of operation approved with previous permits. The original 2012 permit allowed truck loading and hauling within the ancillary use area for 24 hours, seven days a week. Loading and hauling in the north area is limited to M-F 6-10 and Saturday 10-10; however, 24 hours is permitted for up to 5 public projects per year. The City later approved 24-hour operations for mineral extraction activities in the north and south mining areas starting in 2014; therefore, Dakota Aggregates has been working under same operating hours for the past four years. The following is a brief summary of the operating hours that have been approved with previous permits. The current request is consistent with the hours of operation in place since 2014. Year Activity Hours Notes 2014-2019* Wet/Dry Mining including conveyor system (both north and south mines) 24 hours/7 days a week 2014-2019* Loading and Hauling (north mining area) M-F 6-10 Sat. 7-7 24 hour operation allowed for no more than 5 public projects (MnDOT) per year 2015-2019 Aggregate Processing (located in south ancillary use area) 24 hours/7 days a week 2015-2019 Loading and Hauling (southern processing area and south mine) 24 hours/7 days a week Limited to TH46 * Request for same hours in 2019 as 2014-18. One of the key points from this chart is that even with the 24-hour time period for mining and processing at the site, the loading and hauling of trucks from the northern dry-mining area is still limited to weekday and weekend hours, with the exception of up to five public projects per year. In that instance they are permitted a 24-hour operation. In 2018 the applicant provided notice to the City that they would be hauling from the north mine for 24 hours on 15 specific days; however, due to weather conditions or changing project schedules they only conducted hauling activities on 7 of those nights. All such hauling occurred between June 20th and June 25th, on September 26th, and October 3rd and all was associated with the MnDOT 35W/Lake Street project. Similar to previous years, the applicant is requesting minor modifications to the permit for 2019 in order to expand the active mining areas on the site to account for reclamation work that has been completed in earlier phases. The updated permit would allow active mining in the north dry-mining area to expand into the unexcavated portions of phases 4, 5, 6 and 7, in addition to continuing work in phase 2. Reclamation of most of phase 1 is complete, and in 2018 the applicant began reclaiming the eastern portion of phase 2 ad smaller parts of phases 5 and 6. A large stockpile still covers some of the eastern portion of phase 2 and a small section of phase 1, but continues to be reduced as this material is sold over the course of the year. The applicant estimates that it will take an additional two to three years to completely remove the stockpile based on the current demand for the material. Once the stockpile is gone, the excavation can commence in the undisturbed portions of phase 1 and 2. The applicant is also proposing a slight modification to the southern mining area to conduct active mining of an additional 4.55 acres within sub-phase 10a, which is immediately north of the phase 2 project area. With the newly excavated areas, the applicant will still be under the maximum allowed area of disturbance in any individual project phase. 5 Staff has reviewed the operating permit conditions for 2018, and is recommending minor amendments in order to update this document for 2019 based on the applicant’s recent submission. Please note that the 24-hour allowance for the aggregate processing activity was approved by the City as part of a five-year interim use permit that is set to expire/be renewed in 2019, and is regulated under the terms of a separate permit with the City, as are the cement casting yard and concrete and asphalt production areas. MINING OPERATION – UPDATE Dakota Aggregates commenced its mining operation in 2013 and has received subsequent annual operating permits through 2018. Upon approval of the initial permit, the applicant began working in portions of the first two phases of both the north dry mining and south dry/wet mining areas identified on the overall site plan. This work included removing aggregate materials from mining areas and placing Class 5 material on the floor of the aggregate processing area. Early project stages also included removal and stockpiling of the topsoil on the site, a large portion of which was used to create the extensive berm system along TH46, TH42, and Biscayne Avenue. As northern mining has progressed over the last few years, the active mining areas have moved further to the south and east. The applicant also elected to start work in the western project phases and move easterly as much as possible to keep moving the operating equipment further away from residential neighborhoods north and northwest of Highway 42. The mining has also been taking place long enough that larger portions of the site have been reclaimed and are no longer part of the active mining areas. There is still a large amount of stockpiled sand in the eastern part of phase 2 that is being gradually reduced over time. This pile as of late fall is comprised of approximately 725,000 tons of material, which means 175,000 tons was removed in 2018. One of the issues that staff would like to address in 2019 is the manner in which work has progressed in the north mining area outside of the original phasing plan. As noted above, the City has previously approved working generally in a counter-clockwise direction whereas the original permit anticipated the excavation moving in more of a south and westward direction. Because phases 4, 5, 6, and 7 will be completed before phases 1, 2, 3 are completely reclaimed, staff would like the applicant to submit an updated phasing plan that more accurately reflects the actual work completed and the future direction in which the work will progress. Staff is also recommending that the applicant try to accelerate or complete work in phases 1, 2, and 3 in order to provide some additional separation between the active portions of the operation and future residential development within the UMore area. Progress Update – 2019 Permit For the current operating year, from January 1 through October 31 of 2018, Dakota Aggregates removed and paid aggregate taxes on 175,000 tons of material trucked directly from the northern dry mining area. There were 1,625,000 tons of material from the southern wet/dry mining and processing area, which would include material from the north mine that was processed in the southern ancillary use area. The applicant has also indicted that as of October 31, 2018, there were 750,000 tons of aggregate stockpile (sand) in the northern mining area, and 593,200 tons of aggregate stockpiles (of various materials as broken out in the application materials) in the southern area. In addition, the applicant has reported that there were 99,800 tons of recycled aggregate materials sold during the same time frame, with 126,900 tons of this material being stockpiled on the site. The above numbers represent an increase across most reported categories as compared to the amounts reported for last year, and illustrate that there continues to be a strong demand for aggregate products from the site. 6 The Large Scale Mineral Extraction Ordinance allows two separate areas for extraction operations of no more than 80 acres each. For 2019, the applicant is proposing to extend the North Dry Mining Area by an additional 22.36 acres into the southernmost portions of sub-phases 6B and 7B, and most of sub-phases 5B and 8A. This expansion is off-set by the completion of an additional 15.41 acres of reclamation in phases 2A, 2B, 5A, and 6A which results in an active mining area of 75.13 acres for 2019. As reclaiming continues in earlier phases, the applicant will be able to continue expanding into new phases providing the extraction operations do not exceed 80 acres (as projected for 2018, the applicant will be 4.87 acres below the maximum extraction area permitted). Most of the material from the north is conveyed to the south processing area, meaning that there is less truck traffic out onto County Road 42 than was initially anticipated. Please note that the applicant continues to indicate that work in the North Dry Mining Area is progressing ahead of schedule, and they do not anticipate any difficulties completing mining in the northern area before the 2028 deadline. The renewal application indicates that there will be small expansion of the extraction operations in the South Dry/Wet Mining Area (southern mining area) in 2019. Active mining will continue within Phases 1 and 2 over a total area of 63.47 acres, and within Phase 10A over a total of 15.55 acres (4.55 of which will be new in 2019). With the active mining in sub-phase 10A, the overall operations are in the southern mining area will be 79.02 acres, which is very close to the maximum of 80 acres allowed (0.98 acres below the maximum allowance). The Dry/Wet Mining Sub-phases are located on the northwest corner of County Road 46 and Station Trail and all trucks entering and exiting this area access County Road 46 at Station Trail. All activity in the Dry/Wet Mining area in 2019 is planned to occur outside and above the groundwater elevation. The lowest portion of the mine is currently about 60 vertical feet deep and, and the applicant is working west while maintaining this depth. The southern mining area is progressing and reasonably soon Dakota Aggregates will bring in a barge and dragline to begin mining below the groundwater elevation. The remainder of the Dry/Wet Mining phases will then be mined with the barge and dragline. The annual operating permit for the property notes that mining within any phase that will expose groundwater will not be permitted before borings are conducted in the deepest part of the proposed lake to confirm a minimum separation of 15 feet between lowest mining elevation and bedrock. These test borings were scheduled for the week before the Planning Commission meeting, and all work associated with the borings will be observed by the City’s ground water resources consultant. Staff will provide a verbal report on any new or important information that is found with these borings. Consistent with language in previous approvals, the applicant has notified the City that it intends to commence wet mining potentially as soon as the latter part of 2019; however, the ability to commence wet mining next year is dependent on a number of variables (including being able to secure the equipment needed to conduct the work). Mining is otherwise allowed to occur within two feet of groundwater until the wet mining commences. As indicated above, monitoring must be conducted to establish the pre-mining groundwater characteristics prior to mining wet mining begins as required under condition JJ of the operating permit. A report is due by January 31st for the preceding year, and historically the City has retained Leggette, Brashears & Graham, Inc. (which is now part of WSP) to evaluate the groundwater monitoring and sampling being conducted by American Engineering Testing on behalf of the applicant. In 2017 the applicant installed three new monitoring wells, which have been incorporated into the overall monitoring and reporting work conducted each year. In its review of the testing completed in 2016, LB&G recommended some changes to the frequency of certain sampling, and all testing will now occur on either an annual or semi-annual basis depending on the type of analysis 7 being performed. As of early 2018, site activities were performed in accordance with the WMP and met the conditions of the mining permit. The testing of groundwater at the UMore site is an ongoing requirement for Dakota Aggregates, and the City will again be asking LB&G to review the 2018, report upon receipt. Dakota Aggregates was permitted in 2018 for North Dry Mining sub-phases 2A, 2B, 2C, 4B, 5A, 5B, 6A, 6B, 7A, 7B, and 8A. For 2019, the applicant is not proposing to add any additional sub-phases to this list and will only be expanding operations with the approved areas. Reclamation will also continue in many of the sub-phases, generally keeping pace with the expansion into new portions of the site. The mining floor is approximately at a depth of 60 feet and work will continue moving southeastward across the future alignment of Boulder Trail while maintaining the 60-foot depth. When hauling from the stockpile in the north mining area occurs, trucks will continue to access County Road 42 through the established haul road running west to east along the former rail line about a ¼ mile south of County Road 42, then north along Akron Avenue to the intersection with County Road 42. This road is used much less frequently than County Road 46, as most of the aggregate is being conveyed to the south for processing and then transported off-site from there via County Road 46. Last year, 175,000 tons out of the overall 1,625,000 tons of material sold by Dakota Aggregates was trucked out from the northern mining area. With the recent application for a concept plan associated with development south and west of Dakota County Technical College, the northern haul road will need to be removed. It is unclear that that there is a formal commitment on timing as of this writing. Since grading and site preparation work within the UMore residential project may commence as soon as late 2019, Dakota Aggregates, the University, and Newland Communities will all need to coordinate the timing of the haul road removal. This City would like confirmation of the anticipated timing. At that point, the applicant will not be able to use the Akron Avenue corridor for truck hauling, and all such activity will be directed to the southern mining access. As noted during previous reviews, the 60-foot depth of the north mining area is about 30 feet deeper than the approved reclamation plan. The current bottom elevation of the north mining area is 882.5 feet. A former test hole in the bottom of the north mining area indicated the groundwater elevation at 879.3 feet, which maintains the minimum required separation under the operating permit. The current operating permit includes a condition that limits the north mining to a depth of 882 feet, and this condition is proposed to remain in effect for 2019. Dakota Aggregates will need to haul-back material from construction projects or re-deposit their sand to achieve the reclamation height. This reclamation work has been completed in two of the northern sub-phases and will continue into additional sub-phases as mining progresses further south and west. Dakota Aggregates was permitted in 2018 for Dry/Wet Mining sub-phases 1A, 1B, 2A, 2B and a portion of 10A; and is proposing to continue mining in those same sub-phases with a small increase in active mining area in 10A. Through October 31, 2018, 1,625,000 tons of aggregate material were sold and trucked off site via CSAH 46, which is an increase of 65,000 tons from the same time period last year. In 2019, material sales include sales to the concrete and asphalt plants located within the AUF. The berms around the south mining area and the AUF have been constructed, seeded and vegetated, and all vegetation appears to be doing well. This berm was expanded further to the west along CSAH 46 in 2017, to help provide additional screening and buffering between the highway and mining operations. 8 General Updates – Berm and Night Hauling In 2016, the applicant completed construction of the northern berm to its westernmost extension at Biscayne Avenue as required under the operating permit. The overall height of the berm has been increased from the original permit to 30 feet, in part to help provide further mitigation for noise and visual impacts from the mining activity. The berm has also been extended further to the south along Biscayne Avenue, has been constructed to a point just south of the Boulder Trail/Biscayne Avenue intersection. An operating permit condition concerning the northern berm continues to require Dakota Aggregates to maintain this berm at a height of 30 feet. The berm is expected to remain in place until development occurs in the northwestern portion of the UMore site. The mining permit allows for 24-hour hauling from the northern mining area for up to 3 public projects each year (this was reduced last year from the original number of 5 such projects). For 2018, Dakota Aggregates conducted overnight hauling on seven days (nights), which included five days grouped together at the end of June in addition to September 26th and October 3rd. All hauling was associated with the 35W/Lake Street MnDOT project. As noted by the applicant during previous reviews, it is very difficult for them to predict their night hauling schedule since it is very much dependent on MnDOT’s schedule and need for materials. While the permit does not restrict the overall number of days/nights that 24-hour hauling can take place (only the overall number of public projects), the actual usage tends to be very sporadic and focused on a fairly narrow time period. NOISE MONITORING AND DISCUSSION Noise generated by the facility continues to be one of the primary issues that are considered by the City during the annual reviews for Dakota Aggregates. In 2016, the applicant hired a sound engineering consultant to perform an analysis of the mining operation and to monitor the sound levels in the surrounding area. Subsequent to the sound study, Dakota Aggregates implemented a number of policies to reduce or eliminate the level of sound being generated by the mining operation, all of which are expected to be followed on an ongoing basis. Some of these changes included the following: • Implementing a series of mechanical improvements to equipment and machinery to minimize the sound being generated on the site. Some of these changes included adding sound dampening liners to machines that process aggregate materials, changing warning horns on equipment, reducing curves in the conveyor line to reduce tumbling noise, and other similar measures. • Finishing construction of a berm along the northern and western boundaries of the mine, and making the berm higher to provide a higher barrier for sound leaving the site. • Moving mining equipment to the bottom portion of the mine and moving it close to the wall of the excavation pit to provide the maximum amount of sound dampening possible. • Accelerating the projected completion of project phases closest to residential neighborhoods north of Highway 42. • Providing direction to machine and equipment operators to address mechanical issues (i.e. bearings that are making noise because they need lubrication) in a timely manner. During staff’s December site inspection and meeting with representatives from Dakota Aggregates, the applicant pointed out that when they operate at night, there is a designated Dakota Aggregates employee to monitor the processing equipment and operations for any malfunctions that may cause excessive noise (they noted this has occurred once during the 2018 mining season). Part of this monitoring has included routine trips through the neighborhoods to the North of County Road 42 9 as well. One of the conditions attached to the 2017 permit renewal by the City required the applicant to conduct sound testing in the neighborhood north of the mining area to monitor sound from mining activities. Last year’s permit application included the results of testing completed in May of 2017. The sound testing conducted by Dakota Aggregates at that time noted that the facility was operating under the levels permitted by MPCA noise standards. As part of its review and based on some of the public comments received at the 2017 renewal hearing, the Planning Commission recommended changes to the sound testing parameters to give the City more control over the process, and specifically, the timing and location of the monitoring. Heading into the 2018 mining season, staff gave the applicant direction concerning sound monitoring as follows: • Sound monitoring will occur over two different time periods in the summer of 2018, each for a duration of at least week. • The monitoring will be conducted at a time when night hauling is occurring from the northern mining area for a minimum of 3-4 nights over the monitoring period. • The monitoring station will be set up in two different locations, with one near the intersection of TH42 and 145th Street West (near 14405 Bayberry Ct.) and one further east along TH42 on City property directly west of 1435 145th Street East. Final locations will be subject to approval by City staff. • All sound monitoring equipment will be properly calibrated and follow MPCA guidelines for installation and data collection. • The first monitoring period will commence the week of July 9th, with the subsequent monitoring period to be decided based on the night hauling schedule. • All results will be provided to the City in a timely manner and prior to submission of the 2019 permit renewal application. Past annual Dakota Aggregate reviews have shown a strong correlation between the times when night hauling is occurring on the north mining area and when residents have filed complaints about noise. Because of this, staff did not believe taking sound measurements when there was no night hauling taking place would be any more beneficial than last year’s reporting. As you can see from the logs kept by Dakota Aggregates (which line up with the dates and times requested throughout the year and logged by City staff) the applicant only did night hauling for two nights after July 1st. Without a solid week of such activity to study and monitor, no such sound recording was completed prior to the Planning Commission meeting. While not having additional sound information to consider at this time is not ideal, the activity that seems to have caused the most concern in the past (hauling from the north mine at night) was very limited in 2018. Staff will continue to work with the applicant in 2019 to establish sound readings at times when night hauling is occurring. Consistent with the previous annual reviews, staff requested logs from the police department for any calls received within the City where noise from Dakota Aggregates was the reason for a police call. In addition, staff reviewed its own records, including phone logs and emails, and asked for any calls that other departments may have received concerning noise. Based on this research, the following is a listing of any calls or complaints that were received by the City in 2018 concerning noise at the Dakota Aggregates site (in chronological order): 10 • April 13 – Email to the City Administrator and Community Development Department (145th Street West). Follow-up to phone conversation with staff. Complaint concerning the slamming of tailgates in the early morning between 5:50 and 6:40 a.m. Commented that is was not the first time this occurred this year. • September 27 – Comment received via the City’s website (142nd Street West). Complaint concerning noise from a crusher at 1:30 a.m. that can be heard through closed windows. Low throbbing hum heard throughout the night. Did not make call to police. Police logged complaint into their system that day. October 13th follow-up comments via email: maintained that sound heard was a crusher. With windows closed, white noise machine and ear plugs can still hear the pit. Staff has not received any written comments or phone calls concerning the renewal application prior to writing this report. In terms of the police call log, staff would like to note the following: 1) based on the City’s records, no calls were made to the police department in 2018 concerning noise from the Dakota Aggregates mining operation, and 2) the police department searched for all calls received from a list of residences north of Highway 42 and did not find any related to noise (from the gravel operations). As part of the annual review, Dakota Aggregates submitted the attached log documenting the complaints that were brought to their attention (typically by City staff) with notes concerning the activities taking place in mine at that time. According to the applicant’s log, the first complaint occurred when no activity was taking place in the northern mine, while the second complaint was received at a time when night hauling was taking place in the north. The applicant denies that any crushing was taking place when the September 27th email was sent. Based on the information available to staff prior to the Planning Commission meeting and public comments received in precious years, the actual mineral extraction activity appears to generate few concerns, and any excessive sound from the mining (not trucking) is generally occurring when equipment or machinery needs maintenance (which can typically be addressed in a timely fashion). This is borne out from the experiences in 2017 and 2016 where equipment complaints were addressed by the operator. Staff would like to point out two of the more important points to consider in regard to trucks hauling out of the northern mining area: 1) the only time the applicant can haul at night is for public projects (which are almost exclusively MnDOT projects), and almost all MnDOT contracts require night hauling and 2) once the northern sand pile has been depleted, Dakota Aggregate will no longer need to run trucks out of the northern haul road. The ability to use the north haul road also appears to be coming to an end relatively soon with the development of land around DCTC. The applicant notes that the number of public projects that might occur in a given year is very hard to predict, and that in the past several years, there have been no more than three such projects in any given year. Given the rate of material being hauled out of the northern mining area over the last few years, the applicant estimates that it will take four to five years to eliminate the sand stockpile in this area. Since the beginning of 2016, the City has been stressing that residents with noise complaints regarding the Dakota Aggregates operations should call 911 so there is documentation concerning the specific nature of the compliant, the location of the complaint, and time when it was observed. The police department has also been directed to notify the applicant when any loud noises are reported so that problems can be addressed in a timely manner. Over the past three years, the 11 police department has logged a total of three complaints (not including the website comments) concerning noise from the site. Because noise from the site continues to be one of the more significant concerns with the mining operation, staff is recommending that the noise monitoring continue into 2019 and that the monitoring occur consistent with the criteria developed by staff. When a situation arises at the mine (like excessive noise levels), it is important for the City to be able to investigate, document, and work with the applicant to address such issues. The most responsive way for the City to handle any complaints is through the police department, which can dispatch an officer very quickly to investigate and evaluate the situation. All of these complaints are tracked through the permitting process, and the City will have a chance to evaluate the type and frequency of issues each year as part of the annual permit review. This process has led to many improvements that have ultimately reduced negative impacts, and has been useful to help avoid smaller problems from becoming a larger City-wide nuisance. Staff continues to encourage residents to call and report all matters of concern, and will continue to document all complaints so that the Planning Commission and City Council may be fully aware of any and all resident concerns in the future. GENERAL REVIEW COMMENTS AND RECOMMENDATIONS Although the mining of the site has progressed in a manner very consistent with previous reviews, there are a few issues that should be addressed or acknowledged now that mineral extraction activity has taken place for six of the overall 40 years specified in the interim use permit. • Mineral extraction phasing . When the project was first approved, the applicant provided an overall mining phasing plan divided into distinct phases and sub-phases. These phases were numbered based on the applicant’s expected mining progression in both the north and south mining areas. For a number of reasons, including the desire to mine areas closer to residential properties sooner than later, the actual excavation work has progressed into latter phases while leaving some earlier phases untouched. While the overall active mining areas have not exceeded the maximum areas permitted under the City Code, staff is concerned that delaying work in earlier phases could cause some potential conflicts as development occurs east of the mining operation. In general, the phasing plan should be updated based on the best information available today, and staff is recommending that an updated phasing plan be submitted and approved by the City and filed as part of the mineral extraction permit. • Northern haul road . With the pending development of the UMore property east of the mining site, the three affected parties (University, Dakota Aggregates, and Newland Development) will need to communicate with each other about expectations concerning the elimination of this road. While this is not directly a City concern, subsequent mining renewals will need to take the lack of northern access to Highway 42 into account. It is staff’s expectation that when the northern haul road goes way, all material will leave the site via the Station Trail access on Highway 46. Staff also anticipates that the elimination of this road will help alleviate some of the noise concerns regarding trucking activity in the north. • Wet mining . The applicant has previously provided the City with notice that they intend to potentially commence wet mining in 2019. All required soil borings and monitoring should be in place by early 2019, which would allow such mining to occur next year. The terms and conditions for wet mining are included in the 2019 operating permit, and no modifications are needed to the mining activities plan for next year because it would talk place in the phase 1 and 2 areas already authorized under the permit. 12 • Future public road projects. The City’s capital improvement plan calls for the reconstruction of Biscayne Avenue between Highways 42 and 46 in 2019 or 2020. The proposed plans call for the paving of the road in accordance with a typical urban collector road along with the installation of a new sanitary sewer trunk main. With the exception of the storm water ponding issue noted below, the expected impacts to the mining operation should be minimal; however, the City Engineer would like to further review the potential truck traffic impacts of the proposed improvements as part of next year’s permit review. At present trucks cannot legally use Biscayne Avenue because it is a gravel road, and this restriction may or may not change once it is paved. • Storm water ponding . The City is working to update its surface water management plan, and as part of this process will be updating the regional ponding plan throughout UMore and the surrounding properties. The reconstruction of Biscayne Avenue will also be a part of this conversation because the additional surface water runoff generated by the road will also need to be accommodated in the area. Based on conversations with the City Engineer and City’s storm water consultants, it appears that one or more regional retention basins will be required somewhere east of Biscayne Avenue and northeast of the future lake within the Dakota Aggregates mining area. As the City works towards completion of a final surface water management plan, additional conversations will be needed between the City, Dakota Aggregates, and University of Minnesota concerning the specific location and timing for construction of storm water basins in this area. • Future reviews. The City granted a five-year interim use permit for the aggregate processing facility in 2014; therefore, this component of the overall mining permit will be up for renewal later in 2019, and should be submitted in conjunction with the next mining interim use renewal. FINAL OBSERVATIONS In reviewing the current operating permit as part of its review, Staff would like to note the following general observations: • The City did not identify any events in 2018 that resulted in the depositing of dirt or debris on any public streets due to the extraction or hauling operations. • The applicant did not request to remove any topsoil from the site in 2018. • Dakota Aggregates did not submit a semi-annual report this year given the short amount of time between the last renewal in February of 2018 and the submission deadline for the current request (November 2018). The City performed an inspection of the site on December 4th after receipt of the attached report; no specific areas of concern were observed during the site inspection; however, staff did discuss phasing with the applicant during the visit. • As part of its reclamation work, the applicant will need to demonstrate that it is in compliance with conditions X and Z of the operating permit concerning minimum reclaimed top soil depth and minimum compaction levels for all fill. • There was no “haul-back” material brought to the site other than recycled products allowed within the processing area. • No “wet” mining has commenced in the southern mining area; however, the applicant has notified the City that it intends to commence this work by the end of 2019. 13 RECOMMENDATION The Planning Commission and staff recommend that the City Council approve the renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit for 2019. This recommendation is based on the information submitted by the applicant, findings made in this report and the conditions detailed in the attached Large Scale Mineral Extraction Annual Operating Permit Agreement. Dakota Aggregates 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. 2019 Large Scale Mineral Extraction Annual Operating Permit Agreement for North Dry Mining Sub-phases, 2A, 2B, 2C, 4B, 5A, 5B, 6A, 6B, 7A, 7B and 8A; and Dry/Wet Mining Sub-phases 1A, 1B, 2A, 2B and 10A DAKOTA AGGREGATES, LLC A. Dakota Aggregates, LLC (hereinafter "the Operator") signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit. B. The term of the permit shall extend from January 1, 2019 until December 31, 2019 unless revoked prior to that for failure to comply with the permit requirements. C. Mining in Wet/Dry Mining Sub-phases 1A, 1B, 2A, 2B and 10A may occur 24 hours a day, 7 days a week. D. Mining, screening, and reclamation in North Dry Mining Sub-phases 2A, 2B, 2C, 4B, 5A, 5B, 6A, 6B, 7A, 7B, and 8A may occur 24 hours a day, 7 days a week. E. Trucks may haul from North Dry Mining Sub-phases 1A, 2A, 2B, 2C, 2D, 4B, 5A, 5B, 6A, 6B, 7A, 7B, and 8A from 6 a.m. to 10 p.m. Monday through Friday and 7 a.m. to 7 p.m. Saturday, except for hauling outside those hours for the execution of a contract requirement of up to three (3) MnDOT or other public agency roadway construction project. During the execution of the MnDOT or other public contracts, the hauling may occur 24 hours a day, 7 days a week. The Operator shall contact the City at least 24 hours prior to commencing any night hauling activities. F. No crushing or washing equipment shall be located or used in the North Dry Mining Sub-phases 1A, 2A, 2B, 2C, 2D, 4B, 5A, 5B, 6A, 6B, 7A, 7B and 8A or in any reclaimed areas. G. The North Dry Mining Sub-phases, 2C, 2A, 2B, 2C, 4B, 5A,5B, 6A, 6B, 7A, 7B, and 8A shall not be mined below the 882 foot elevation. H. Protection equipment that is installed on hauling trucks, such as covers for the truck beds, shall be used while traveling on public roads. Non-use will be considered a violation of the permit condition. I. Trucks shall not use any locally designated road as part of their haul route except for the shortest route between the delivery site and the nearest County, State or U.S. highway. J. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 2019 Annual Operating Permit Dakota Aggregates, LLC 2 of 6 K. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. L. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the Station Trail access. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. M. Conformance with the City Engineer’s Memorandum dated September 20, 2012. N. The University of Minnesota (or designated entity) shall obtain approval and/or concurrence from the MPCA regarding completion of appropriate investigations and/or actions taken in response to identified releases of hazardous substances, pollutants or contaminates as defined under Minn. Statute 115B, and as deemed reasonable and necessary by the MPCA. O. Dakota Aggregates shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After Dakota Aggregates has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at Dakota Aggregates’ expense. In the event of a traffic hazard as determined by the City Administrator (or the Administrator’s designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Dakota Aggregates’ expense without prior notification. P. No topsoil shall be removed from the site unless Dakota Aggregates can demonstrate that there is topsoil in excess of the amount needed to reclaim the End Use Grading Plan with at least six (6) inches of topsoil. Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. Q. 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 Dakota Aggregates. R. All costs of processing the permit, including but not limited to planning fees, engineering fees, and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. S. Dakota Aggregates shall deposit with the Planning Department a surety bond or cash deposit in the amount of Eight Hundred Fifty One Thousand one Hundred Dollars ($851,100) in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all 2019 Annual Operating Permit Dakota Aggregates, LLC 3 of 6 requirements of this resolution and City ordinances by Dakota Aggregates. 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. 2. Satisfactory to the City Attorney in form and substance. 3. Conditioned that Dakota Aggregates 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 Administrator (or the Administrator’s designee) or any other City officials. 4. Conditioned that Dakota Aggregates will secure the City and its officers harmless against any and all claims, 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 Dakota Aggregates. 5. The surety bond or cash escrow shall remain in effect from January 1, 2019 until July 31, 2020. Once the interim reclamation grades and vegetation have been established and approved by the City, the bond may be reduced by Five Hundred Sixty Seven Thousand Four Hundred Dollars ($567,400 = 113.48 acres times $5,000 per acre). Once the end use grading grades and vegetation have been established and approved by the City, the bond may be reduced by Two Hundred Eighty Three Thousand Seven Hundred Dollars ($283,700 = 113.48 acres times $2,500 per acre). 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 deposit during the term of this permit in order to insure that the City is adequately protected. T. A landscape security of $42,625 (155 trees times $250 per tree times 110%) shall be provided. After the trees have been established, $38,362 (90%) of the landscaping security can be released. The final $4,263 (10%) shall be maintained through the existence of the berm for Dry/Wet Sub-Phase 1A and 2A to ensure that as trees die, that those trees are replaced. The landscaping security shall be in the form of a letter of credit in favor of the City or cash escrow. U. Dakota Aggregates 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, and at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars for injury or death of more than one person arising out of any one occurrence and 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, 2019 until July 31, 2020. V. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. Dakota Aggregates shall indemnify the City for all costs, damages, or expenses, including but not limited to attorney's 2019 Annual Operating Permit Dakota Aggregates, LLC 4 of 6 fees that the City may pay or incur in consequence of such claims. W. Dakota Aggregates shall submit to the City semi-annually a written report indicating the amount of material extracted from the site for the prior six-month period. After said written report is submitted, the City shall perform an inspection of the site to confirm compliance with the conditions within the Annual Operating Permit. X. Reclamation requires the replacement of the stockpile of topsoil to the mined area, reseeding, and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control, provided also that the minimum depth of topsoil shall not be less than six (6) inches after reclamation. No restored slopes may exceed the gradients shown on Interim Reclamation Plan. Y. No mining activity will occur within fifteen (15) vertical feet of bedrock. Z. Dakota Aggregates shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. AA. If not utilized by the University of Minnesota for agricultural purposes, fully reclaimed areas will be permanently seeded within 14 days of final completion. All disturbed non-operating areas not utilized by the University of Minnesota for agricultural purposes shall be seeded at a minimum of once per year, prior to October 1 with MnDOT seed mix 130B. Operating areas including work faces, material stockpiles, haul roads, staging areas, and active reclamation areas are not required to be seeded. BB. Dakota Aggregates shall submit quarterly to the City documentation of the Barr Engineering, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing with documentation verifying the source and quantity of the “haul-back” material. These reports shall be provided within fourteen (14) days after the end of the quarter. CC. Dakota Aggregates shall submit an incidence report to the City within three days of any testing that fails for contamination or hazardous materials, or will not produce a normal moisture-density relationship for compaction. 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. Dakota Aggregates shall incorporate best management practices for controlling dust, erosion, noise, and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency and proposed in the submitted LSME application to the City. FF. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal, Minnesota, Dakota County, and Rosemount regulations. Soil 2019 Annual Operating Permit Dakota Aggregates, LLC 5 of 6 materials in the Property will be managed in accordance with the Minnesota Pollution Control Agency’s Best Management Practices (BMPS) for the Off-Site Reuse of Unregulated Fill. GG. Dakota Aggregates may not assign this permit without written approval of the City. Dakota Aggregates will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless Dakota Aggregates gives sixty (60) days prior written notice to the City of termination and surrenders permit to the City. Dakota Aggregates 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. HH. Dakota Aggregates 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. II. Dakota Aggregates shall maintain the berm located on the north side of the haul road.to a height of at least 30 feet. JJ. American Engineering Testing, Inc. (AET) shall submit the 2018 Annual Monitoring Report, including all groundwater testing, and submit the report to the City by January 31, 2019. WSP (formerly known as Leggette, Brashears, & Graham, Inc. - LBG) shall review the revised report on behalf of the City and has the authority to adjust the frequency of the groundwater sampling based on testing results. KK. Dakota Aggregates shall implement the sound mitigation measures as documented in its 2016 Large Scale Mineral Extraction Permit application and referenced in the March 1, 2016 City Council report concerning said application. LL. The City of Rosemount shall oversee sound monitoring to assess the noise levels generated by the mining activity at times and in locations to be determined by the City. Sound monitoring will occur during times when trucks are hauling from the north mining area. Dakota Aggregates shall reimburse the City for all costs associated with said monitoring. MM. The city of Rosemount shall have the ability to collect independent soil and water samples. NN. Mining within any phase that would expose the groundwater will not be permitted before additional borings are conducted in the deepest areas of the proposed lake to confirm that a minimum of fifteen (15) feet of separation between the mining and the bedrock. Mining can occur within 2 feet of the groundwater prior to testing occurring. OO. Dakota Aggregates shall submit an updated phasing plan for both the north and south mining areas and will incorporate any comments from the City into the plan. 2019 Annual Operating Permit Dakota Aggregates, LLC 6 of 6 IN WITNESS WHEREOF, Dakota Aggregates, LLC, the Operator, hereby consents and agrees to the foregoing conditions of said Annual Operating Permit this _______ day of ______________, 20__. Dakota Aggregates, LLC By:________________________________ Tim Becken, Its Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20____, by Tim Becken, Chief Manager of Dakota Aggregates, LLC, the Operator, on behalf of the Corporation. ________________________________________ Notary Public AUTUMNCTBANYANTH ST W (CSAH 42)BISCAYNE AVEBISCAYNE AVEBI TTER-SWEETCTBITTE R -S W EETCIRBLOOOMF IELDWAYAUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL B L O O M F IE L D C IR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDB E L FA S T S T W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AVE 160TH ST W (CSAH 46) B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYB A Y B E R R Y BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUM NW O O DW AYC T A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W C I RCTWAYB E L L EC T 142N D C T WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOIS ECIR ST W BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160T H ST W (CSA H 46) 145TH ST W AURORA AVE L 147THCT ABBEYFIELDAVEABBEYFIELD CT AILESBURYCT141STST E A D A I R A V E 149TH ST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERCORNAVE AILESBURY AVE ALDBOROUGHAVEALMA CIR 1370'680'2 134 10 9 5 1187 3456 2 1AUTUMNCTBANYAN TH ST W (CSAH 42)BISCAYNE AVEBISCAYNE AVEBI TTER-SWEETCTBITTE R -S W EETCIRBLOOOMF IELDWAYAUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL B L O O M F IE L D C IR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDB E L FA S T S T W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AVE 160TH ST W (CSAH 46) B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYB A Y B E R R Y BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUM NW O O DW AYC T A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W C I RCTWAYB E L L EC T 142N D C T WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOIS ECIR ST W BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160T H ST W (CSA H 46) 145TH ST W AURORA AVE L 147THCT ABBEYFIELDAVEABBEYFIELD CT AILESBURYCT141STST E A D A I R A V E 149TH ST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERCORNAVE AILESBURY AVE ALDBOROUGHAVEALMA CIR 1370'680'2 134 10 9 5 1187 3456 2 1 Path: T:\GIS\City\Maps\Departmental Maps\CommunityDevelopment\Mining\Mining Phases.mxdMining PhasesBUFFER# Phase DRY WET ") ")$1 #* #* #* #* !( !( SUB-PHASE 7A13.30 Acres SUB-PHASE 7B3.82 Acres SUB-PHASE 6A12.57 Acres SUB-PHASE 6B4.46 Acres SUB-PHASE 5A13.22 Acres SUB-PHASE 5B9.13 Acres SUB-PHASE 8A13.82 Acres SUB-PHASE 8B14.70 Acres SUB-PHASE 8C11.40 Acres SUB-PHASE 9A25.56 Acres SUB-PHASE 9B16.20 Acres SUB-PHASE 9C12.91 Acres SUB-PHASE 9D9.99 Acres SUB-PHASE 10A22.51 Acres SUB-PHASE 10B17.41 Acres SUB-PHASE 10C9.67 Acres SUB-PHASE5B (DRY)SUB-PHASE5BB (WET)8.05 Acres SUB-PHASE5A (DRY)SUB-PHASE5AA (WET)24.89 Acres SUB-PHASE4B (DRY)SUB-PHASE4BB (WET)16.31 Acres SUB-PHASE3B (DRY)SUB-PHASE3BB (WET)16.26 Acres SUB-PHASE2B (DRY)SUB-PHASE2BB (WET)17.90 Acres SUB-PHASE1B (DRY)SUB-PHASE1BB (WET)18.21 Acres SUB-PHASE4A (DRY)SUB-PHASE4AA (WET)15.48 Acres SUB-PHASE3A (DRY)SUB-PHASE3AA (WET)15.51 Acres SUB-PHASE2A (DRY)SUB-PHASE2AA (WET)17.03 Acres SUB-PHASE1A (DRY)SUB-PHASE1AA (WET)25.32 Acres ROSEMOUNT DRY/WET MININGPHASE 4 ROSEMOUNT DRY/WET MININGPHASE 3 ROSEMOUNT DRY/WET MININGPHASE 2 ROSEMOUNT DRY/WET MININGPHASE 1 ROSEMOUNTDRY MININGPHASE 7 ROSEMOUNT DRY MININGPHASE 8 ROSEMOUNT DRY MININGPHASE 9 ROSEMOUNT DRY MININGPHASE 10 ROSEMOUNT DRY/WET MININGPHASE 5 **J1650 E1900207617 207606 101119 101181 MW-C2-202 2 1 0 0 840 830 820 7 8 0 810 80 0 79 0 0 600300 Feet ± File: 2018_UMMA_FigX_Bedrock.mxd Date: 11/19/2018 AMERICANENGINEERINGTESTING, INC Map Reference: U.S. Department ofAgriculture (USDA), Farm Service Agency(FSA), Aerial Photography Field Office(APFO). National Agricultural ImageryProgram (NAIP), Minnesota, 2017 Legend !(Proposed Bedrock Boring Location #*CWI Well (PDC) #*CWI Well (STP) $1 Barr Well/Boring (PDC) ")Prosource Boring (PDC) ")Prosource Boring (STP) Bedrock Contour Lake UMore Mining Area UMore Park Boundary Site Map AET Project No. 03-05081 UMore Mining AreaSections 33, 28, and 34, Township 115, Range 19WRosemount, Minnesota Figure Date: 11/19/2018 2018 Annual Monitoring Report Aerial Image - September 2018 Aerial Image - October 2017 PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 17, 2018 PAGE 1 I. Regular Meeting Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Monday, December 17, 2018. Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners VanderWiel, Freeman, Reed, and Mele. Also in attendance were Community Development Director Lindquist, Senior Planner Klatt, Planner Nemcek, Assistant City Engineer Smith and Recording Secretary Bodsberg. The Pledge of Allegiance was said. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the November 27, 2018, Regular Meeting Minutes. MOTION by Reed. Second by Freeman. Ayes: 5. Nays: 0. Public Hearing: 5.a. Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit for 2019. (18-57-ME) Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. Chair Kenninger inquired if the updated phasing plan is included in the conditions. Klatt stated that is correct. Kenninger inquired if the mining for phase 1, 2, and 3 need to be completed sooner rather than later. Klatt stated that a plan should be in place to complete those phases earlier as the City gets closer to developing that area. Commissioner Reed asked if Dakota Aggregates did not use the northern haul road would that maybe eliminate many of the noise complaints. Klatt stated that may be possible but that a conversation will need to occur between Dakota Aggregates and the University of Minnesota concerning the timing for removal of this road. The public hearing opened at 7:06 pm. Public Comments: Shawn Dahl, Ames Construction, 2000 Ames Drive, Burnsville, gave a brief explanation of the phasing plan. MOTION by Freeman to close the public hearing. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:09 pm. Additional Comments: None. MOTION by VanderWiel to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2019, subject to the terms and conditions in the attached 2019 Draft Conditions for Mineral Extraction Permit with the added condition that an updated phasing plan be submitted and approved to staff. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes.