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HomeMy WebLinkAbout5.a. Dakota Aggregates ME EXECUTIVE SUMMARY Planning Commission Meeting Date: January 28, 2020 Tentative City Council Meeting Date: February 18, 2020 AGENDA ITEM: Case 19-54-ME Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit through 2020 and Aggregate Processing Facility IUP through 2024 AGENDA SECTION: Public Hearing PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.a. ATTACHMENTS: Location Map; Draft 2020 Mineral Extraction Permit; Draft IUP Conditions (Resolution), Application Narrative; Overall Phasing Map; 2020 Sub-Phase Map (Mining Area – North and Mining Area – South); Phasing Update Map (Staff), 2019 Night Hauling Log (from applicant); Sound Monitoring Charts; Aerial Photos APPROVED BY: KL RECOMMENDED ACTIONS: Motion to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2020, subject to the terms and conditions in the attached 2020 Draft Conditions for Mineral Extraction Permit; and Motion to recommend the City Council renew the Aggregate Processing Interim Use Permit through 2024, subject to the terms and conditions in the attached draft Interim Use Permit Resolution. ISSUE Dakota Aggregates has applied for the annual renewal of their large-scale mineral extraction permit (LSMEP) and renewal of their aggregate processing interim use permit 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 2019. The interim use permit allowing aggregate processing and recycled aggregate products processing is also up for renewal because it was last renewed for a five-year interval in 2015. None of the other specific ancillary uses, including the 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 2020, Dakota Aggregates is proposing to expand the southern mining area by 10.31 acres and will expand into one new sub-phase (Phase 4A) with 12.19 acres in the northern mining area. Expansion in both the northern and southern mining areas coincides with completion of reclamation in earlier sub-phases. 2 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: 139.6 acres total area; 60.87 acres about ¼ mile south of County Road 42 (Dry Mining) and 78.73 acres at the northwest corner of County Road 46 and Station Trail (Dry/Wet Mining). Comp Plan & Zoning: Agricultural Research Extraction progress: 10 Phases (2 partial) of 16 (approximately 20% complete). Nature of request: Annual renewal. 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 subphases 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 other 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 3 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 2/5/19 1 Annual Permit for 2019 Aggregate Processing IUP* (2/18/20)* 5 Interim use for aggregate processing and recycled aggregate processing. LSMEP Renewal* (2/18/20)* 1 Annual Permit for 2020 * Permits currently under review The current request is specific to the annual renewal of the large-scale mineral extraction permit in addition to the aggregate processing interim use. 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. There are eight years remaining for excavation and restoration work in the northern mining area, which must be completed in 2028. The applicant has stated that the mining in the north area is proceeding ahead of schedule, with nearly 32 acres reclaimed and turned back to the University of Minnesota for agricultural use. As part of the current renewal application, the applicant is not requesting any changes to the general terms and conditions of the mining or processing 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 3 public projects per year (this was reduced from 5 public project during a previous renewal). 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 five 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 2014-2020* Wet/Dry Mining including conveyor system (both north and south mines) 24 hours/7 days a week 2014-2020* Loading and Hauling (north mining area) M-F 6-10 Sat. 7-7 24 hour operation allowed for no more than 3 public projects (MnDOT) per year 2015-2024 Aggregate Processing (located in south ancillary use area) 24 hours/7 days a week 2015-2024 Loading and Hauling (southern processing area and south mine) 24 hours/7 days a week Limited to TH46 * Request for same hours in 2020 as 2014-19. 4 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 three public projects per year. In that instance they are permitted a 24 hour operation. In 2019 the applicant provided notice to the City that they would be hauling from the north mine for 24 hours on 54 specific days; however, due to weather conditions or changing project schedules they ultimately conducted hauling activities on 39 of those nights. All such hauling occurred between April 19th and August 13th and was associated with two projects: the MnDOT 35W MNPASS and MnDOT 35W Lake Street projects. Similar to previous years, the applicant is requesting minor modifications to the permit for 2020 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 subphase 4A, in addition to continuing work in portions of phases 4B, 5, 6, 7 and 8. Reclamation of most of phase 1 and 2 is complete, and in 2019 the applicant began reclaiming parts of phases 5, 6 and 7. A sand 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, excavation can commence in the undisturbed portions of phase 1 and 2. The applicant is also proposing updates in the southern mining area to conduct active mining of an additional 4.31 acres within sub-phase 10a, which is immediately north of the phase 2 project area. The 2020 permit also calls for further expansion (6 acres) of active mining into Phase 3 of the southern area. Within the past year, the applicant commenced mining below the ground water elevation in the south mining area, and with the current submission has indicated that 10.6 acres of the site has been reclaimed and is now permanently open water. Although technically reclaimed, dredging will begin this year from the surface of the water and will continue until the lowest mining elevation is achieved. From the surface of the water, the dredging barge and ancillary equipment (conveyors) will look the same even as the surface area of the water increases with the progression of dry mining activities. With the newly excavated areas, the applicant will still be under the maximum allowed area of disturbance in any individual project phase. Staff has reviewed the operating permit conditions for 2019 and is recommending minor amendments in order to update this document for 2020 based on the applicant’s recent submission. Please note that the 24-hour allowance for aggregate processing activity is again requested as part of the proposed five-year interim use permit extension that, if approved, would be valid through the year 2024. MINING OPERATION – UPDATE As part of its annual report to the City, the applicant provides an updated phasing map reflecting work completed during the previous calendar year(s) and the areas expected to be mined in the coming year. The report also includes up-to-date information concerning the amount of materials that have been processed or stockpiles within the mining site. For 2019, Dakota Aggregates reported the following (all quantities in tons): • Aggregate materials sold from the north dry mining area: 275,000 (up from 175,000 in 2018) • Aggregate stockpiles on site in the north dry mining area: 450,000 (down from 725,000 in 2018) • Aggregate material sold: 1,892,000 (increased from 1,625,000 in 2018) • Total amount of stockpiles in aggregate processing facility: 479,800 (down from 593,200 in 2018) • Recycled aggregate material sold: 139,000 (up from 99,800 sold in 2018) • Recycled aggregate stockpile: 41,800 (down from 126,900 tons in 2018) 5 The numbers reported above all represent increases in the amount of material sold from the operation over the previous year. In addition, the applicant has continued to draw down its material stockpiles, most noticeably in the northern mining area where 275,000 tons of sand have been removed from the site since last year. The draw down of the northern stockpile area is on track with previous statements from the applicant, with approximately two years’ worth of material remaining. The market for aggregate materials remains strong and has allowed Dakota Aggregates to stay ahead of schedule for removing aggregate materials, especially in the northern mining area. One of the review comments from last year noted that the applicant has been permitted to mine out of sequence from the original phasing plan in the northern mining area, moving from Phases 1 and 2 and then into Phases 5, 6, and 7 before coming back to Phase 4. This has allowed the applicant to complete restoration work faster in the areas that are closest to existing residential structures north and northwest of County Highway 42. The City has been supportive of the revised phasing; however, starting with last year’s review, staff indicated that Dakota Aggregates should provide a clearer plan concerning the future staging of mining throughout the northern area. In response, the applicant has added a section to its annual report noting its plans for future phasing in this portion of the mine. Staff has prepared a marked-up version of the applicant’s active mining area map that shows reclaimed, active, and future staging. Essentially, mining will commence from the active area into Phase 4A, then back to portions of 2C, 1A and 2D (the current location of the stockpile), and then into Phase 3. Looking further into the future, the applicant has indicated they will then proceed into Phase 8 and work back to the west. Staff was able to meet with representatives of the University of Minnesota to review the updated mine phasing plan with them, and they have no objections to the staging as proposed. As the University continues to plan for future development of its land west of Akron Avenue, it appears that development will likely commence near the Met Council lift station along Highway 42 and north of the current mining area. Given the amount of time it will take for the University to sell and develop its property, the applicant should have the sand stockpile removed and will have finished mining in the northern-most portion of the mine before any homes or businesses are constructed on the adjacent property. From the City’s perspective, it would be beneficial to accelerate mining and reclamation in Phase 11; however, the applicant notes that it would be very costly and inconvenient for them to extend the conveyor system and bring power to this area before work in other phases is complete (this was originally planned as the last phase in the northern mining area). This issue will continue to be monitored during the annual reviews. In 2019 the applicant commenced mining below the ground water elevation in the southern mining area, and a portion of this area is now described as “reclaimed” because it is open water. The open water area will continue to expand as the applicant completes dry mining and then proceeds to mine below the water elevation. Consistent with Condition NN of the annual mining permit, the applicant completed soil borings in early 2019 to conform that there will be a minimum of 15 feet between the lowest mining elevation and bedrock. Sometime later in 2020, Dakota Aggregates will bring a mining dredge on to the site in order to continue wet mining to the lowest planned elevations in the open water areas. As the previous permit reviews have noted, the applicant is required to complete testing each year to establish the pre-mining groundwater characteristics and to quickly identify any potential issues that may arise from mining activity. 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 6 Testing on behalf of the applicant. As of early 2019, 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 2019, report upon receipt. 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 2019, Dakota Aggregates conducted overnight hauling on 39 days (nights) on various dates throughout the late spring and summer months. All hauling was associated with either the MnDOT 35W MNPASS or MnDOT 35W Lake Street projects. 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 UPDATE 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. Previous annual reviews have highlighted some of the operational mitigation measures used the applicant to address potential noise issues from the operation, and these continue to be implemented throughout the project site. Starting in 2017 the City has required the applicant to conduct sound testing in the neighborhood north of the mining area to monitor sound from mining activities. Over the last few years, the City has refined the expectations for all sound monitoring being performed, with the following requirements established for 2019: • Sound monitoring will occur over two different time periods in the summer of 2019, 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. • All results will be provided to the City in a timely manner and prior to submission of the 2019 permit renewal application. At the direction of the City, Dakota Aggregates completed sound monitoring in 2019 over roughly four weeks at both testing sites listed above (5/1-5/10, 5/30-6/4, and 6/8-6/14). The monitoring results for all the time periods recorded is attached to this report with the specific monitoring times listed at the top of each chart. To help better illustrate the data collected, the applicant provided a separate chart with a snapshot of one specific 24-hour time period from the data (this makes the individual data points a little easier to see and reflects the large amount of data being collected). Each individual chart includes the following information: raw data points with sound levels recorded by the equipment, MPCA complaint sound levels, the periods in which the monitor recorded sound level in excess of this standard, when the mine was operating, when hauling was occurring from the north mining area, when weather events were documented during the testing time frame, and any 7 notes from the applicant concerning the non-compliant events. All the above contributes to a very dense amount of information in a small amount of space, but in general the charts indicate that the mining site is not generating noise levels that exceed state sound requirements as referenced in the zoning ordinance. Although the charts do depict periods of non- compliance, all such events can be attributed to impacts from outside of the mining operation when looking closely at the data and associated trends. For example, many days (especially the earlier dates) include a spike in noise levels between the hours of 5:00 and 7:00 am, whether or not the mine is operating, which points to rush hour traffic on Highway 42 as the likely source for these spikes. In addition, one can observe some higher noise levels during documented weather events (with the associated wind, rain, and thunder) which also occurs with and without operations running at the mine. There was one non-compliant event documented outside of the rush hour and weather time periods; however, the applicant has indicated that the mine was not operating when it occurred. When reviewing the sound data, please keep in mind that the charts present a compilation of thousands of data points throughout the day and night that are averaged over each minute to assemble the charts as presented. This means that there could be loud short-duration noises (i.e. a tail gate slamming) heard for large distances at a specific point in time, that still fall under compliance with the MPCA noise standards because they are not repeated or sustained in a manner that causes the measured sound to exceed State standards. The noise mitigation strategies put in place by Dakota Aggregates are intended to address both any potential noise standard compliance issues and to limit the occasional noises that may be heard from neighboring properties but fall outside the regulatory noise limits. Looking at the sound monitoring data in its entirety, staff offers the following observations: • For both locations over the time periods monitored, Dakota Aggregates operated in compliance with the City’s noise regulations. This finding does factor out non-compliant times that are likely associated with external events (rush hour traffic and weather). • Outside of the events noted above, there were no noise events exceeding City requirements that occurred when the applicant was hauling from the north mining. • Environmental and background conditions have a significant impact on the City’s ability to accurately measure sound from the mine, especially given the large areas that are being monitored and the proximity of an arterial highway to the testing sites. 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 2019 concerning noise at the Dakota Aggregates site (in chronological order): • May 7 – Text message sent to the Mayor (Bentley Way). Complaint that the mine was making a lot of noise around 11:15 pm. • December 16 – Comment at Planning Commission Meeting. Am individual indicated that they wanted to comment on mining noise after the Planning Commission continued the public hearing concerning the annual renewal. 8 Staff has not received any written comments or phone calls concerning the renewal application prior to writing this report. Dakota Aggregates historically provided the City with logs of any complaints that they received during the year but did not document any complaints in 2019. 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 2019 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). 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 two to three more 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 four years, the police department has logged a total of three complaints (not including the website comments) concerning noise from the site. Dakota Aggregates has been in operation for over seven years, and over that time the City has continued to work with the applicant to manage potential noise impacts from the mining operation. Some of the strategies used include the following: • Conducting noise monitoring to establish whether code violations are occurring and to document the various times the mine was operating and hauling. • Implementing an operational and maintenance plan to ensure proper operation of equipment as well as training for employees. • Installing berming and other physical barriers to reduce noise and using the mining wall to further deflect noise away from residential areas. • Reporting and prompt follow-through when complaints are received. The City continues to encourage residents to call the police department to report noisy activity so that on-duty officers can respond and document concerns as they occur. 9 • Phasing the mining activity so that active mining is moving further away from residential homes and thereby increasing the distance (and lessening the intensity) of any sound from the mine. The applicant has asked to discontinue sound monitoring based on the results from the past year and the ongoing cost associated with the testing. Because there has been only one year of good data from the monitoring (due to limited hauling in 2018), staff would like to see at least one more years’ worth of data before amending or eliminating this requirement. The 2020 permit includes a sound monitoring requirement like the one required the previous year. 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 seven 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. As part of the previous review, staff requested an updated phasing plan to better reflect the current status of the project and the applicant’s future plans. The applicant has provided an updated narrative concerning the next project phases and staff has added this information to the phasing plan as a separate exhibit. The updated phasing was reviewed by the University of Minnesota and found to be compatible with their future development plans • Northern haul road . With the pending development of the UMore property east of the mining site, the three affected parties (University, Dakota Aggregates, and future developer) 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 begun mining below the ground water elevation in the southern mining area and will bring a dredge to the site this year to begin removing sand and gravel deposits from underneath the open water area. The terms and conditions for wet mining are included in the 2020 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. • 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 specify paving the road in accordance with a typical urban collector road along with installation of a new sanitary sewer trunk main. Although paving will allow larger trucks to use this road (which has historically been a restricted gravel road), the applicant has stated that trucks coming to and from the mine would be highly unlikely to use Biscayne 10 Avenue since they will be accessing County Highway 46 and Station Trail directly from the southern mining area. • Storm water ponding . With completion of the City’s updated Surface Water Management Plan in 2019, 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 prior to development of UMore. The City has acquired land needed to accommodate storm water runoff from the Biscayne Avenue project outside of the Dakota Aggregates mining area. • Aggregate Processing. Staff has not identified any specific concerns or issues with the aggregate processing facility above and beyond the overall mining review in this report. Staff is recommending no changes to the conditions associated with the aggregate processing interim use permit and is recommending extending this permit for another fiver years (until 2024). The draft Council resolution of approval for the aggregate processing and recycled aggregate products processing is attached for review by the Planning Commission. 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 2019 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 2019. • Dakota Aggregates did not submit a semi-annual report this year given the short amount of time between the last renewal in February of 2019 and the submission deadline for the current request (November 2019). The City visited the site on December 9th after receipt of the attached report; no specific areas of concern were observed during the site 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. • Wet mining has commenced in the southern mining area with dredging in the open water area scheduled to being in the summer of 2020. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council approval of the renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit for 2020 and the Aggregate Processing Interim Use Permit for 2020 through 2024. 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 2020 Large Scale Mineral Extraction Annual Operating Permit Agreement for North Dry Mining Sub-phases, 2A, 2B, 2C, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B and 8A; and Dry/Wet Mining Sub-phases 1A, 1B, 2A, 2B, 3A 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 2020 until December 31, 2019 2020 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, 3A 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, 4A, 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, 4A, 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, 4A, 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, 4A, 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 2020 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 2019 2020 Annual Operating Permit Dakota Aggregates, LLC 3 of 6 ($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 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 2020 until July 31, 20202021. 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 2020 until July 31, 20202021. 2019 2020 Annual Operating Permit Dakota Aggregates, LLC 4 of 6 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 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 2019 2020 Annual Operating Permit Dakota Aggregates, LLC 5 of 6 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 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 2019 Annual Monitoring Report, including all groundwater testing, and submit the report to the City b y January 31, 20192020. 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 2019 2020 Annual Operating Permit Dakota Aggregates, LLC 6 of 6 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 updatedprovide an updated phasing schedule with its annual renewal application plan for both the north and south mining areas and will incorporate any comments from the City into the planschedule. 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 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2020- A RESOLUTION APPROV ING THE INTERIM USE PERMIT TO DAKOTA AGGREGATES TO OPERATE AGGREGATE PROCESSING AND RECYCLED AGGREGATE PRODUCTS PROCESSING WHEREAS, the City of Rosemount received an application from Dakota Aggregates LLC for an Interim Use Permit (IUP) to allow aggregate processing and recycled aggregate products processing at their mining facility concerning property legally described as: That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33, all in Township 115, Range 19, Dakota County, Minnesota, described as follows: Beginning at the southwest corner of said Southwest Quarter of Section 34; thence South 89 degrees 42 minutes 10 seconds East, assumed bearing along the south line of said Southwest Quarter of Section 34, a distance of 2192.17 feet; thence North 04 degrees 21 minutes 18 seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes 32 seconds West a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds West a distance of 266.72 feet; thence northeasterly 112.50 feet, along a tangential curve, concave to the southeast, having a central angle of 56 degrees 02 minutes 58 seconds and a radius of 115.00 feet; thence northerly 56.43 feet, along a non-tangential curve, concave to the east, having a central angle of 35 degrees 55 minutes 23 seconds, a radius of 90.00 feet and a chord which bears North 17 degrees 26 minutes 35 seconds West; thence North 00 degrees 31 minutes 07 seconds East, tangent to last described curve, a distance of 206.76 feet; thence northerly 83.26 feet, along a tangential curve, concave to the west, having a central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet; thence North 56 degrees 26 minutes 44 seconds East a distance of 45.08 feet; thence North 00 degrees 31 minutes 07 seconds East a distance of 299.38 feet; thence North 88 degrees 50 minutes 09 seconds West a distance of 537.90 feet; thence North 01 degrees 06 minutes 55 seconds East a distance of 542.56 feet to the following described line; Commencing at the northwest corner of said Southwest Quarter of Section 34; thence South 00 degrees 11 minutes 58 seconds West, along the west line of said Southwest Quarter of Section 34, a distance of 549.45 feet to the point of beginning of the line to be described; thence South 89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said Southwest Quarter of Section 34 and there terminating. thence North 89 degrees 28 minutes 53 seconds West, along said described line, a distance of 1701.18 feet to said west line of the Southwest Quarter of Section 34; thence South 89 degrees 42 minutes 48 seconds West a distance of 133.00 feet; thence North 89 degrees 25 minutes 32 seconds West a distance of 1911.08 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 6.69 feet; thence South 24 degrees 59 minutes 14 seconds East a distance of 32.37 feet; thence South 38 degrees 36 minutes 54 seconds East a distance of 58.76 feet; thence South 24 degrees 49 minutes 30 seconds East a distance of 21.39 feet; thence South 08 degrees 35 minutes 01 seconds East a distance of 17.27 feet; thence South 01 degrees 13 minutes 27 seconds East a distance of 55.61 feet; thence South 20 degrees 01 RESOLUTION 2020- 2 minutes 53 seconds East a distance of 40.77 feet; thence South 20 degrees 03 minutes 43 seconds East a distance of 111.64 feet; thence South 15 degrees 03 minutes 51 seconds East a distance of 118.93 feet; thence South 27 degrees 25 minutes 38 seconds East a distance of 247.59 feet; thence South 21 degrees 09 minutes 19 seconds East a distance of 78.57 feet; thence South 18 degrees 19 minutes 12 seconds East a distance of 190.08 feet; thence South 26 degrees 25 minutes 05 seconds East a distance of 227.06 feet; thence South 46 degrees 46 minutes 51 seconds East a distance of 98.15 feet; thence South 33 degrees 47 minutes 16 seconds East a distance of 171.67 feet; thence South 23 degrees 42 minutes 30 seconds East a distance of 90.20 feet; thence South 17 degrees 56 minutes 04 seconds East a distance of 178.92 feet; thence South 17 degrees 54 minutes 28 seconds East a distance of 132.38 feet; thence South 25 degrees 39 minutes 33 seconds East a distance of 126.20 feet; thence South 30 degrees 29 minutes 59 seconds East a distance of 103.92 feet; thence South 28 degrees 45 minutes 36 seconds East a distance of 250.67 feet to the south line of said Southeast Quarter of Section 33; thence North 89 degrees 34 minutes 22 seconds East, along said south line, a distance of 1060.22 feet to the point of beginning. EXCEPT that part lying southerly of north right of way line of County State Aid Highway No. 46 per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 253 and DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 254, according to the recorded plats thereof, Dakota County, Minnesota. WHEREAS, on January 28 2020, the Planning Commission of the City of Rosemount held a public hearing to review the IUP renewal request from Dakota Aggregates; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the interim use permit renewal to continue operation of aggregate processing and recycled aggregate products processing; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the Interim Use Permit renewal subject to conditions; and WHEREAS, on February 18, 2020, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations; and WHEREAS, on February 18, 2020, the City Council of the City of Rosemount approved the interim use permit renewal allowing operation of aggregate processing and recycled aggregate products processing; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the IUP for Dakota Aggregates LLC to allow operation of aggregate processing and recycled aggregate products processing, subject to the following conditions: 1. The University of Minnesota shall grant to the City, its agents, employees, officers, and contractors and to any surety of Dakota Aggregates LLC performing Dakota Aggregate LLC's obligations and the agents, employees, officers, and contractors of the surety an irrevocable license, in a form approved by the City Attorney, to enter the Property to perform all work and inspections deemed appropriate by the City to enforce conditions RESOLUTION 2020- 3 imposed on the University to the extent the University engages in mineral extraction, or Dakota Aggregates, LLC in connection with permitting of mining operations on the Property, including work that the City elects to perform or requires the surety to perform as a result of the permittee’s default. This license shall continue in effect until all mining operations on the Property are complete and all conditions imposed by the City have been complied with. 2. The term of the permit shall extend from February 18, 2020 until December 31, 2024 unless revoked prior to that for failure to comply with the permit requirements. 3. Crushing, screening, washing, and stockpiling at the aggregate processing facility may occur 24 hours a day, 7 days a week. These hours may be adjusted if development occurs within 660 feet of the Ancillary Use Facility (AUF) that rezones any property to a nonagricultural zoning district. Loading and hauling at the aggregate processing facility may occur 24 hours a day, 7 days a week provided the loading and hauling does not allow trucks to back up or unload and the hauling conducted is for a construction contract requiring construction outside the normal operational hours. Trucks hauling outside of the 6 a.m. to 10 p.m. Monday through Friday and from 7 a.m. and 7 p.m. on Saturday shall access CSAH 46 either via the Station Trail access or the Akron Avenue access only and may not use Biscayne Avenue or any UMore roadway (Akron, Angus, Barbara or Blaine Avenues) to access CSAH 42. 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. 4. Recycling aggregate products (RAP) shall not exceed 30% of the total aggregate production. An annual report of the amount of mine aggregate processed and amount of RAP processed shall be submitted to the City by January 15th of the year following issuance of the permit. 5. 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. 6. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. 7. 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. 8. Conformance with the City Engineer’s Memorandum dated September 20, 2012. 9. 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. 10. 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 RESOLUTION 2020- 4 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. 11. No topsoil shall be removed from the site and Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. 12. 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. 13. 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. 14. 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 February 18, 2020 until July 31, 2025. 15. 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 fees that the City may pay or incur in consequence of such claims. 16. Truck operators within the ancillary use facility 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. 17. 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. 18. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other applicable Federal, Minnesota, Dakota County, and Rosemount regulations. Soil materials in the RESOLUTION 2020- 5 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. 19. 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 aggregate processing-related activities in the pit area. The City shall have the authority to cause all aggregate processing or recycled aggregate product processing activities to cease at any time there is an apparent breach of the terms of this Permit. 20. 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. ADOPTED this 18th day of February, 2020 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 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 RECLAIMED RECLAIM INPROCESS ACTIVE B A C D 11 22 33 11 22 33 Future Phasing (From Narrative) DA Rosemount Night Hauling Log North Dry Mining Date Haul Start Date Time End 4/19/2019 7:00 PM 4/20/2019 7:00 AM Hauling Cancelled due to weather 4/22/2019 7:00 PM 4/23/2019 7:00 AM Hauling Cancelled due to weather 5/1/2019 6:30 PM 5/2/2019 6:30 AM Hauling Cancelled due to weather 5/2/2019 6:30 PM 5/3/2019 6:30 AM Active Hauling 5/3/2019 7:00 PM 5/4/2019 7:00 AM Active Hauling 5/5/2019 7:00 PM 5/6/2019 7:00 AM Active Hauling 5/6/2019 7:00 PM 5/7/2019 7:00 AM Active Hauling 5/7/2019 7:00 PM 5/8/2019 7:00 AM Active Hauling 5/8/2019 7:00 PM 5/9/2019 7:00 AM Hauling Cancelled due to weather 5/9/2019 7:00 PM 5/10/2019 7:00 AM Active Hauling 5/10/2019 7:00 PM 5/11/2019 7:00 AM Active Hauling 5/12/2019 7:00 PM 5/13/2019 7:00 AM Active Hauling 5/13/2019 7:00 PM 5/14/2019 7:00 AM Active Hauling 5/14/2019 7:00 PM 5/15/2019 7:00 AM Hauling Cancelled 5/15/2019 7:00 PM 5/16/2019 7:00 AM Hauling Cancelled 5/31/2015 7:00 PM 6/1/2019 6:30 AM Active Hauling 6/2/2019 7:00 PM 6/3/2019 7:00 AM Active Hauling 6/3/2019 7:00 PM 6/4/2019 7:00 AM Active Hauling 6/4/2019 7:00 PM 6/5/2019 7:00 AM Hauling Cancelled 6/5/2019 7:00 PM 6/6/2019 7:00 AM Hauling Cancelled 6/9/2019 6:30 PM 6/10/2019 7:00 AM Active Hauling 6/10/2019 6:30 PM 6/11/2019 7:00 AM Active Hauling 6/11/2019 6:30 PM 6/12/2019 7:00 AM Active Hauling 6/12/2019 6:30 PM 6/13/2019 7:00 AM Active Hauling 6/13/2019 6:30 PM 6/14/2019 7:00 AM Hauling Cancelled 6/14/2019 6:30 PM 6/15/2019 7:00 AM Hauling Cancelled 7/14/2019 7:00PM 7/15/2019 6:00 AM Active Hauling 7/15/2019 7:00PM 7/16/2019 6:00 AM Hauling Cancelled 7/16/2019 7:00PM 7/17/2019 6:00 AM Active Hauling 7/17/2019 7:00PM 7/18/2019 6:00 AM Active Hauling 7/18/2019 7:00PM 7/19/2019 6:00 AM Active Hauling 7/19/2019 7:00PM 7/20/2019 6:00 AM Active Hauling 7/21/2019 7:00PM 7/22/2019 6:00 AM Active Hauling 7/22/2019 7:00PM 7/23/2019 6:00 AM Active Hauling 7/23/2019 7:00PM 7/24/2019 6:00 AM Active Hauling 7/24/2019 7:00PM 7/25/2019 6:00 AM Active Hauling 7/25/2019 7:00PM 7/26/2019 6:00 AM Active Hauling 7/26/2019 7:00PM 7/27/2019 6:00 AM Active Hauling 7/27/2019 7:00PM 7/28/2019 6:00AM Active Hauling 7/28/2019 7:00PM 7/29/2019 Hauling Cancelled due to weather 7/29/2019 7/30/2019 Active Hauling 7/30/2019 7/31/2019 Active Hauling 7/31/2019 8/1/2019 Active Hauling 8/1/2019 8/2/2019 Active Hauling 8/2/2019 8/3/2019 Hauling Cancelled 8/4/2019 8/5/2019 Active Hauling DA Rosemount Night Hauling Log North Dry Mining 8/5/2019 8/6/2019 Active Hauling 8/6/2019 8/7/2019 Active Hauling 8/7/2019 8/8/2019 Active Hauling 8/8/2019 8/9/2019 Active Hauling 8/9/2019 8/10/2019 Hauling Cancelled 8/11/2019 8/12/2019 Active Hauling 8/12/2019 8/13/2019 Active Hauling 8/13/2019 8/26/2019 Hauling Cancelled Haul Cancelled Active Hauling Haul Anticipated 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 5/1/2019 through 5/7/2019 (Atwater Way and Aldborough Ave) OperatingWeatherL10 Non-ComplianceL50 Non-ComplianceSound DataL10 (Day: 65, Night: 55)L50 (Day: 60, Night: 50)Hauling Wed Thu Fri Sat Sun Mon Tu Non-Compliance Events 5/2/19 5:12am-6:09am6:39am-7:34am(AM Rush Hour) 5/3/19 5:33am-7:52am(AM Rush Hour) 5/4/19 5:20am-6:15am6:29am-7:26am(AM Rush Hour) 5/5/19 5:11am-6:09am (Not Operating or Hauling During Time Period, AM Rush Hour) 5am-1am 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 5/4/2019 through 5/5/2019 (Atwater Way and Aldborough Ave) OperatingWeatherL10 Non-ComplianceL50 Non-ComplianceSound DataL10 (Day: 65, Night: 55)L50 (Day: 60, Night: 50)Hauling Sat Sun Non-Compliance Events 5/5/19 5:11am-6:09am (Not Operating or Hauling During Time Period, AM Rush Hour) Not OP10pm7am 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 5/7/2019 through 5/10/2019 (Atwater Way and Aldborough Ave) OperatingWeatherL10 Non-ComplianceL50 Non-ComplianceSound DataL10 (Day: 65, Night: 55)L50 (Day: 60, Night: 50)Hauling Tue Wed Thu Fri Non-Compliance Events 5/8/19 6:38am-7:26am(Weather, AM Rush Hour) 5/9/19 5:38am-7:49am(Weather, AM Rush Hour) 5/10/19 5:30am-7:48am(AM Rush Hour) 5am-1am 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 5/30/19 to 6/4/19 (Bayberry Court and Bentley Way) OperatingWeatherL10 Non-ComplianceL50 Non-ComplianceSound DataL10 (Day: 65, Night: 55)L50 (Day: 60, Night: 50)Hauling Thu Fri Sat Sun Mon Tu Non-Compliance Events 5/31/19 5:54am-7:37am(AM Rush Hour) 6/3/19 5:41am-7:36am(AM Rush Hour) 6/4/19 5:41am-7:46am(AM Rush Hour) 5am-1am 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 6/8/19 to 6/14/19 (Bayberry Court and Bentley Way) OperatingWeatherL10 Non-ComplianceL50 Non-ComplianceSound DataL10 (Day: 65, Night: 55)L50 (Day: 60, Night: 50)Hauling Sat Sun Mon Tue Wed Thu Fri 5am-1am Aerial Image - September 2018 Aerial Image - September 2019