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HomeMy WebLinkAbout5.c. Request by Furlong Excavating for a Small Scale Mineral Extraction Permit (2) EXECUTIVE SUMMARY Planning Commission April 23, 2019 Tentative City Council Meeting: May 21, 2019 AGENDA ITEM: 19-29-ME Request by Furlong AGENDA SECTION: Excavating for a Small Scale Mineral Public Hearing Extraction Permit PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.c. ATTACHMENTS: Location Maps, Mineral Extraction APPROVED BY: K.L. Permit, Reclamation Plans RECOMMENDED ACTION: Motion to recommend the City Council approve the Furlong Excavating Small Scale Mineral Extraction Permit, subject to the terms and conditions in the attached Draft 2019 Conditions for Mineral Extraction and subject to the following conditions: 1. The applicant shall submit a revised reclamation plan, including cost estimate, prior to approval. 2. Escrow for site restoration shall be submitted prior to starting work on the site. 3. The initial mineral extraction permit shall be valid until the end of 2020. The applicant shall provide an operations update prior to December 30, 2019, 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. 4. Compliance with all conditions contained within the Engineer’s Memo dated April 23, 2019. SUMMARY The Planning Commission is being asked to consider a request from Furlong Excavating for a Small Scale Mineral Extraction Permit for a site that had been actively mined for approximately 10 years, ending in 2006. The site is located at the eastern edge of the municipal boundary along Fischer Avenue, 1/4 of a mile south of Highway 55. 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. The applicant is proposing extracting minerals from the site to be used in the reconstruction of the intersection of Highway 55 and County Road 42. 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. As an interim use, permits for mineral extraction are valid for one calendar year (January 1 – December 31); however, staff is recommending that the Furlong Excavating permit be issued through 2020, with an administrative staff review at the end of 2019. BACKGROUND Applicant: Furlong Excavating Property Owner: Tom Furlong, 14690 Furlong Circle, Hastings, MN. (Nininger Township) Location: West of Fischer Ave. and ¼ mile south of STH 55. Area: 40 Acres (Overall Site); 6 Acres (active mining area) Designated Land Use: AG-Agriculture Current Zoning: AG-Agriculture The applicant, Furlong Excavating, is asking to reactivate a mineral extraction site that had been in operation for the approximately ten years prior to 2006. Following the renewal of the original permit for 2006 no renewals were requested in subsequent years. The primary use of materials from the site will be in support of the construction project at County 42 and Highway 55. The applicant has provided plans showing where mining will take place, the haul route taken by trucks entering and leaving the site, and a reclamation plan for the site following the completion of mining. The narrative provided by the applicant indicates that the active mining will take place along the northeastern edge of the existing pit in an area approximately two acres in size. Trucks will access the site via Fischer Avenue and haul material north to Highway 55 and west to County Road 42 where it will be deposited and used in the road construction project. The applicant indicates that no processing of material such as crushing or washing, will take place on the site, and none is permitted The applicant has also supplied an incomplete reclamation plan as well as a description of the reclamation contained in the mine plan. The site will be reclaimed using topsoil and a grade of 1:8 and 1:10 on all slopes, which is less steep than what has been shown in the reclamation plans for other site. Staff is recommending a condition that a more complete reclamation plan is provided prior to the Council taking action on this item. The Amended Operational Plan supplied by the applicant indicates that the proposed mining will occur in a single phase lasting until mid-November 2020. Because the applicant is proposing a limited scope of mining, and has not indicated any mining to take place beyond the initial phase, staff is recommending that the initial Furlong Excavating permit be issued through 2020, with an administrative staff review at the end of 2019. 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. 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 located within the Rosemount municipal boundary. These properties are all currently zoned Agricultural and are located outside the 2030 Metropolitan Urban Service Area (MUSA). The 2030 Future Land Use Map anticipates a continued Agriculture use on these properties. The land immediately east of the site lies in Nininger Township, and the current use is a combination of rural residential (7 houses) and a golf course. The proposed 2040 Comprehensive Plan update continues the agricultural designation for the site as well as the adjacent properties on the north, west, and south sides of the site. The area is not planned for inclusion in the MUSA until after 2040. Surrounding Land Use and Zoning Information Direction Current Land Use Zoning Guided Land Use North Agriculture Agricultural AG-Agriculture South Agriculture Agricultural AG-Agriculture East Rural Residential/Golf Course n/a n/a West Agriculture Agricultural Agricultural 2 Due to the small area of mineral extraction, a phasing plan is not required. If the applicant’s plans for the site change and extraction is going to expand beyond 15 acres the applicant will have to provide a phasing plan. It is staff’s understanding that the applicant is not anticipating this to be the case. The proposed reclamation plan provides for 8:1 and 10:1 slopes at the edge of the mining area that taper back to the adjacent properties. The reclamation plan provided is a very rough copy of what was originally submitted for permit renewal in 2006. Staff is recommending a condition of approval be the submission of an updated reclamation plan prior to the Council taking action on this request. The reclamation plan should identify property lines, existing contours, mining boundary, and reclamation contours. Additionally, because reclamation never took place following the end of operations on the site in 2006, staff is recommending a condition that a surety is provided by the applicant to ensure the proper reclamation of the site takes place within three months after the termination of excavation operations or within three months after the expiration of the extraction permit, in accordance with the City Code. Finally, the operational plan indicates that mineral extraction will take place from 7:00 a.m. to 7:00 p.m., but does not indicate that the extraction will be limited to Monday through Saturday in accordance with the City Code. The draft conditions contained in the Small Scale Mineral Extraction Permit will specify the days along with the hours of operation. RECOMMENDATION Staff is recommending approval of the Small Scale Mineral Extraction permit for Furlong Excavating based upon a review of 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. . 3 1 Mineral Extraction Permit 2019-2020 Conditions for Small Scale Mineral Extraction Permit FURLONG EXCAVATING A Furlong Excavating, 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 on Exhibit A, which is attached hereto as an exhibit. Regrading and reclamation shall occur in the area designated 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 2019 or 2020 calendar year, D The term of the permit shall extend from the date approved by the City Council until December 31, 2020 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 Fischer Avenue. 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 and State Highway Departments 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 reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for 2 the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, subject, however, to being changed by the City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Property Owner. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Engineer, or any other City officials. (4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. (5) The surety bond or cash escrow shall remain in effect from January 1, 2019 to July 31, 2021. Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2019 to July 31, 2021. P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Q. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. R. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. S. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six-month period. T. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. 3 U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Owner must show how materials stockpiled for recycling, if any, will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase and materials removed from the site. No recycling processes shall be allowed to continue into subsequent phases. X. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. Z. The fill area regrading and reclamation shall follow the procedures described in the Amended Operational Plan – Furlong Small Scale Mineral Extraction Permit, including a report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material. The reports submitted shall describe the quantities of material brought in, where the material came from, and the test results, including supporting analytical results of the materials. AA. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation shown on Exhibit A with haul-back, clean-fill material in accordance with the Amended Operational Plan – Furlong Small Scale Mineral Extraction Permit. In no instance shall mining occur in the groundwater aquifer. BB. Blasting or the use of explosives is prohibited in the mining of the Furlong gravel pit. CC. 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. DD. The City of Rosemount shall have the ability to collect independent soil and water samples. EE. Furlong Excavating 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. FF. Furlong Excavating shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. GG. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in Minnesota State Statute 609.605. 4 HH. The operator is permitted to have two trailers for storage of items directly related to the operation of the mine and mining equipment. Storage of more than two trailers would be a violation of the conditions of the mining permit and could be cause for revocation of the approval. That Furlong Excavating, 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 __________________, 2019. FURLONG EXCAVATING By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2019, by __________________________________, on behalf of Furlong Excavating, Property Owner. ______________________________________ Notary Public Amended Operational Plan – Furlong Small Scale Mineral Extraction Permit The original Operational Plan submitted by Landowner contained 3 errors. Those errors are corrected in this amended Operational Plan in BOLD type below: 1. The extraction will occur between 7 AM until 7 PM from date of granting the permit until mid- November, 2020. 2. The purpose of the extraction is to provide sand and gravel to contractors in rebuilding County Road 42 east of Highway 55 in Dakota County. 3. There will be only one phase as set forth above. 4. The names of the highways, streets or other public roadways within the city upon which the material shall be transported will be only Fischer Avenue (1/2 mile) and Hwy 55 (1 ½ mile to construction site) 5. The mineral extraction will occur in a previously mined location and shall occur in an area less than two acres. 6. Topsoil Preservation: All topsoil shall be retained at the excavation site until the completion of rehabilitation work in accordance with the rehabilitation plan. 7. Slopes During Excavation Operations: During the entire period of operations, all excavations other than the working face, shall be sloped on all sides to a maximum ratio of one foot (1') horizontal to one foot (1') vertical, unless a steeper slope is approved by the city. Where excavations are adjacent to a public roadway or other right of way, the excavation shall have a maximum slope of four feet (4') horizontal to one foot (1') vertical. There are no adjacent waterways. 8. At the conclusion of mining the property will be restored with topsoil to a grade of between 1/8 and 1/10 as set forth in the contour plan submitted with application. 9. The parcel in question was erroneously identified as East 1/2 of SE ½ Section 28, Township 115, Range 28. The correct legal description is The East ½ of SE ½ Section 28, Township 115 Range 18. The correct PIN is 34 028 00 885010 Note: Previous small scale gravel mining operations at this site were conducted in approximately 2006 without complaint from any adjacent land owners or others.