HomeMy WebLinkAbout6.l. Renewal of the Bolander & Sons Small Scale Mineral Extraction Permit for 2020
EXECUTIVE SUMMARY
City Council Meeting: January 21, 2020
AGENDA ITEM: Case 19-51-ME Renewal of the Small
Scale Mineral Extraction Permit at the
Ped/Kuznia Properties for Bolander and
Sons for 2020
AGENDA SECTION:
Consent
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.l.
ATTACHMENTS: Location map, Excerpt from the
December 16, 2019, PC Meeting
Minutes, 2020 Mining Permit, Applicant’s
Narrative (Sand and Gravel Mining and
Backfill Plan 11/19 Year Three Report),
Phasing Plan (2018 and 2019), Revised
Grading Plan, Reclamation Plan (2016),
Site Photographs, Aerial Images
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve Renewal of the Bolander and Sons
Mineral Extraction Permit for 2020, subject to the terms and conditions in the attached 2020
Conditions for Mineral Extraction.
SUMMARY
Applicant: Carl Bolander and Sons. LLC
Property Owner(s): Otto Ped Revocable Trust (c/o Karin Larson), Grace Kuznia, and
Kimberly 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 City Council is being asked to consider an application from Carl Bolander and Sons, LLC requesting
renewal of its annual small scale 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 fourth year that the applicant will be operating the mining site since taking over the mining operations
from the previous owner. In previous years, the City expressed concern that the reclamation work in
earlier phases had not yet been completed; however, as of the summer of 2018 all reclamation required by
the previous mine operator has been finished. Bolander and Sons has subsequently been implementing
the revised reclamation plan amended and approved in 2016.
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PLANNING COMMISSION
The Planning Commission reviewed this item at their meeting on December 16, 2019. Staff gave the
presentation and after affirming there were no public complaints about the project, the Commission
unanimously approved the mining renewal. There were no comments during the public hearing.
BACKGROUND
The applicant received their first annual permit as operators of the mine in 2017. Over the course of their
first 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. By the middle of
2018, all the Phase 1 mining area had been brought up to the final elevations in accordance with the
adopted reclamation plan. Since then the applicant has continued to mine within Phases 2 and 3 while
bringing in fill for site restoration for these phases. In 2019, the applicant reported removing 204,730
cubic yards of material from the site while hauling in 214, 698 cubic yards for restoration. 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 imported soils for previous years as well (compaction testing is still
pending for some of the 2019 material). For 2020 the applicant is expecting to haul 150,000 to 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 3 and 4, with mining below the final restoration grades occurring
in the Phase 3 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 2020.
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
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permit condition violations were apparent during the inspection, and ground cover has been established
on all restored areas. Police records found no incidents at the subject property during 2019.
CONCLUSION & RECOMMENDATION
The concerns that arose during the previous permitting cycles regarding the changeover from the previous
operator were addressed in 2018 and subsequent renewals. The reclamation of the site is proceeding as
planned and the applicant is meeting the conditions contained in the mining permit. The Planning
Commissino and staff recommend renewal of the Small Scale Mineral Extraction Permit at the Ped/Kuznia
properties for Bolander and Sons for 2020.
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.
Excerpt from the December 16, 2019 Planning Commission Meeting Minutes
5.d. Request by Bolander and Sons for a Renewal of their Small Scale Mineral Extraction Permit for 2020.
(19-51-ME)
Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission.
Commissioner Reed inquired if there have been complaints. Klatt stated that there has not been any.
The public hearing opened at 8:44 pm.
Public Comments: None
MOTION by Reed to close the public hearing.
Second by Rivera.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 8:45 pm.
Additional Comments: None
MOTION by Rivera to recommend that the City Council approve the Bolander and Sons Mineral Extraction
Permit for 2020, subject to the terms and conditions in the attached 2020 Draft Conditions for Mineral
Extraction.
Second by Freeman.
Ayes: 5. Nays: 0. Motion Passes.
2020 Mining Permit Bolander and Sons./Ped -Kuznia Page 1 of 6
Small Scale Mineral Extraction Permit
2020 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 3 and Phase 4 as shown on the Phasing
Plan dated 11-01-2019. The active mining and excavation area cannot exceed 19.5 acres open at
any one time and only 50,000 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, 2020 until December 31, 2020 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.
2020 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.
2020 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, 2020 until July 31,
2021.
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, 2020 until July 31, 2021.
Q. Processing and crushing of materials are permitted on the site in accordance with the Sand and
Gravel Mining Plan and Backfill Plan dated November 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 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
2020 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.
2020 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
2020 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
Attachment B1
Sand and Gravel Mining and Backfill Plan
November 2019 Year 3 Report
145th Street Sand Pit – Otto Ped Property
Submitted to:
City of Rosemount
Prepared By:
Carl Bolander and Sons, LLC
251 Starkey Street
St Paul, MN 55107
(651) 224-6299
November 8th, 2019
1. Introduction
Carl Bolander and Sons, LLC (Bolander) has entered into an agreement with Otto Ped
Revocable Trust (C/O Karen Larsen), Grace Kuznia, and Kimberly Ped (Land Owners) to operate
a sand and gravel mining operation on two parcels of land on 145th street in Rosemount,
Minnesota. Sand and gravel resources are being excavated and prepared for off-site uses.
These operations include: excavation, stockpiling, screening, crushing, recycling
concrete/asphalt, and loading trucks.
Bolander is mining sand and gravel for uses off site. This document has been prepared
as a submittal to the City of Rosemount as part of our yearly reporting to operate the site.
The mining operation is done in accordance with the following:
• This mining and backfill plan
• The SWPPP
• City of Rosemount Code 11-10-4 Small Scale Mineral Extraction
• Any permits issued by the City, County, or State.
The site shall be reclaimed in accordance with the following:
• This mining and backfill plan
• The SWPPP
• City of Rosemount Code 11-10-4 Small Scale Mineral Extraction
• Any permits issued by the City, County, or State.
2. Location and Access
The mailing address for the Dakota County Parcel ID 34-09200-50-011 is 4992 145th
Street East, Rosemount, MN 55068. The Dakota County Parcel ID 34-02900-50-012 does not
have a mailing address.
3. Current Phase Being Mined
We are currently mining below restoration grade in phase 3 and above restoration
grades in phase 3 and Phase 4.
4. Current Status of Reclamation
Please see the attached updated Topographic survey dated 10-31-2019. We have
successfully hauled in and placed 46,500 CY of fill materials during 2017, 178,750CY in 2018 ,
and 214,698 CY in 2019 from projects used in the restoration of the pit. Much of the pit has
been backfilled and restored.
5. Amount of Material removed from the site
For calendar year to date 2019 we have exported approximately 204,730 CYLV (Truck
measure) from the site.
6. Summary of all Backfill brought to the Site during 2018
2018 Imported Soils
Analytical testing of soils is attached in electronic format.
Date Hauled Quantity Units Job Number Project Name Project Location
10/16/2018-12/31/2018 4267 CYLV 16-5610 Capital View
70 West County Road B2
Little Canada, MN 55117
10/02/2018 - 9/26/2019 2342 CYLV 17-7990 Restoration Hardware
6801 France Avenue South
Edina, MN 55435
10/03/2018 - 7/31/2019 2850 CYLV 17-8150 Pioneer Hall
615 Fulton Street SE
Minneapolis, MN 55455
03/20/2019 - 6/07/2019 7442 CYLV 17-8420 Edina Bus Barn
5220 Eden Avenue
Edina, MN 55436
10/2/2018 - 03/21/2019 26983 CYLV 17-8460 HSEC
406 SE Harvard Street,
Minneapolis, MN
10/04/2018 - 8/21/2019 954 CYLV 18-2750 Mall of Americal
60 East Broadway,
Bloomington, MN 55425
10/24/2019 - 9/23/2019 8096 CYLV 18-3010 East Side Storage
340 27th Ave NE,
Minneapolis, MN
1/22/2019 - 9/09/2019 54550 CYLV 18-3090 Avidor Minnetonka
12401 Wayzata Boulevard
Minnetonka, MN
12/04/2018 - 09/17/2019 33946 CYLV 18-3260 O'Gara's Mixed Use
164 Snelling Avenue
St Paul, MN 55104
2/13/2019 - 6/5/2019 19950 CYLV 18-3500 703 Central
703 Central Avenue
Minneapolis, MN
2/04/2019 - 3/25/2019 13038 CYLV 18-3570 Darts Senior Living
1645 Marthaler Lane
West St Paul, MN 55118
07/22/2019 - 09/30/2019 34,494 CYLV 19-4150 Gateway
30 3rd Street South
Minneapolis, MN
06/04/2019 - 07/16/2019 1130 CYLV 19-4180 MN Capital Project
75 Rev Dr Martin Luther
King JR BLVD, St Paul, MN
08/22/2019 - 09/03/2019 2806 CYLV 19-4530 The Redwell
1000 3rd Street North
Minneapolis, MN
9/1/2019 - 10/15/2019 1850 CYLV 19-4680 I-35W
I-35 W South of
Minneapolis
214698
7. Compaction Tests
We have completed 24 tests. Please see attached files. 2019 Tests are pending.
8. Summary of problems
Very minor issues (Both Resolved):
As we excavated to the east we discovered the depth of sand decreases. A layer of silty
material limits excavation depths.
We modified restoration grades to allow for drainage to the west side of the pit. This
was done as it was necessary to excavate through an area when all water was draining. This
required minor changes to the restoration grades.
9. Forecasting
We anticipate utilizing 150,000 – 200,000 CY of sand next year. As we are in the process
of excavating below grade in phase 3, we will not exceed our established 50,000 CY maximum
required fill below restoration grades.
8. Reports
Bolander will provide the City of Rosemount with annual reports that cover operations
taking place at the site for the previous year. These reports shall include:
• Current Phase Being Mined. (Phase 3)
• Current Status of Reclamation. (Phase 1 and Partial 2 fully restored)
• Amount of material being removed from the site. (204,730)
• Summary of all backfill brought to the site, including laboratory tests. (attached)
• Compaction tests for the placed backfill. (Pending)
• Summary of any problems and remedies that have been implemented to solve
problems identified in previous reports. (complete)
• Year ahead forecasting updates. (complete)
Bolander Mine Inspection October 2019
Active Mining Area
Western Pit Wall
Bolander Mine Inspection October 2019
Phase 1 Restoration Area
Restoration and Access Road
Bolander Aerial Images
September 2019
September 2018