HomeMy WebLinkAbout6.m. Renewal of the Max Steininger, Inc. Small Scale Mineral Extraction Permit for 2020
EXECUTIVE SUMMARY
City Council Meeting: February 18, 2020
AGENDA ITEM: Renewal of the Max Steininger, Inc.
Small Scale Mineral Extraction Permit for
2020
AGENDA SECTION:
Consent
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.m.
ATTACHMENTS: Site Location, 2020 Mining Permit,
Project Narrative, Location Map, Haul
Route, Current Conditions, Mine Plan,
Reclamation Plan, Site Aerial
Photographs
APPROVED BY: ELF
RECOMMENDED ACTION: Motion to Approved Renewal of the Max Steininger, Inc.
Small Scale Mineral Extraction Permit for 2020, subject to the terms and conditions in the
attached 2020 Conditions for Mineral Extraction.
SUMMARY
The City Council is being asked to consider a request from Max Steininger, Inc. to renew the existing
Small Scale Mineral Extraction Permit for its operation located along County Highway 42 and east of State
Highway 52 in the southeastern portion of Rosemount. Small Scale Mineral Extraction is permitted in the
City as an Interim Use Permit (IUP) within specified areas, and the permit for such uses expires after one
year. As a new mine, the applicant applied for the initial mining permit IUP in the summer of 2018, and
the permit was granted through 2019 in order to line up with the calendar year, like all other mining
operations in the City. The current request would extend the mining permit for one additional year
through the end of 2020.
Applicant and property owner: Max Steininger, Inc., 3080 Lexington Avenue South, Eagan, MN
Location: Approximately one mile east of US Highway 52 along CSAH 42;
adjacent to 4322 145th Street East
Area in acres: 78.91 Acres (overall site); 37.8 (active mining area); 5 acres to be
mined in 2020.
Comp Plan & Zoning: Agriculture
Extraction progress: Phase 1 out of 3 (approximately 3% complete).
Nature of request: Annual renewal
PLANNING COMMISSION
The Planning Commission reviewed the request at their meeting on January 28, 2020. During the public
hearing one resident spoke generally supportive of the application. He noted that the mine has been a
good neighbor but was concerned that there may be drainage problems with the culvert installed with the
driveway. It was noted he could contact the City if he experiences any issues. There being no additional
questions, the Commission unanimously recommended approval of the renewal.
BACKGROUND
The applicant, Max Steininger, Inc. (affiliated with the property owner County Road 42 Properties), owns a
construction and excavation business in Eagan and received approval from the City in 2018 to start a new
mining operation next to the Danner Inc. mine along Highway 42. Over the last year and a half, the
applicant has commenced mining activities in the northern-most portions of their Phase 1 mining area,
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constructed an access road for the mine, and has built roughly one-half of the planned berm along the
access road. Because the mineral extraction use is closely tied to the applicant’s primary business, there
will be limited sales of materials to outside projects from the mine. The applicant has provided a detailed
application packet for the mining renewal and has hired Sunde Engineering to help prepare plans for the
site and to provide information as required under the City’s mineral extraction ordinance.
Since it started mining operations on the property in the summer of 2018, the applicant indicates that it
has removed approximately 51,000 tons of material from the site, all of which came from the extreme
northern portion of the Phase 1 mining area. Overall, roughly 2.5 acres of the 15 acres in Phase 1 have
been stripped and mined to date. The updated topographic survey for the mine shows that current
elevation of the mining floor is at or above 860 feet, which is at least 20 feet higher than the maximum
depth allowed under the mining permit. In addition to the mining, the applicant began construction of the
berm planned along the entrance road. In a small modification from the initial approval, Max Steininger is
asking to move some of the berm from the planned location along Highway 42 to a point immediately
adjacent to the mine. The applicant still intends to build a berm along the entire length of the entrance
road. With the modification, the berm will screen the active portions of the mine from the public roadway
and any nearby residences and will better integrate into the surrounding landscape and topography.
For 2020, the applicant intends to mine 30,000 tons of material, which will include stripping another 2-3
acres of land further to the south. Work on the berm will continue this year as well and will extend to a
height of 15 feet once completed. As noted by the applicant, material is excavated and processed on site.
Processing consists of crushing and screening with portable processing equipment set up upon the floor of
the mine recessed from the surrounding grade to reduce noise and dust emissions. Material is stockpiled
on the floor of the mine. Max Stieninger also intends to perform recycling of concrete and asphalt
material on the property, which will be crushed and blended with on-site materials to produce recycled
aggregate blends. The recycling operations will likely not occur in 2020 and will commence once there is a
sufficiently large enough mine floor area in which to work. No haul back material was brought to the site
in 2019, and no topsoil has been removed from the property (most of the stripped soil has been used to
construct the berm).
As a part of the annual review of all mineral extraction permits, staff performs an inspection of the site
and consults with the Rosemount Police Department regarding any police activity. No ordinance or
permit condition violations were apparent during the inspection. Police records found no incidents at the
subject property during 2019.
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is Quasi-Judicial actions. As such, the
City has a set of standards and requirements for review. Generally, if the applications meet the ordinance
requirements they must be approved. The standards and requirements for this mineral extraction are
detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral Extraction permit.
The subject property is zoned AG – Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use within
the Agriculture district. The table below details the current land use, zoning, and future land use
information for the surrounding properties. These properties are all currently zoned Agricultural and are
located within the 2030 Metropolitan Urban Service Area (MUSA). The 2040 Future Land Use Map
anticipates a mixture of residential and business park uses in this area. Future reclamation of the site will
need be performed before an impacted area may be developed for housing in accordance with the City’s
future land use plan.
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Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
North Agriculture Agricultural BP – Business Park
South Agriculture Agricultural MDR – Medium Density Residential
LDR – Low Density Residential
East Agriculture Agricultural MDR and LDR – Medium and Low
Density Residential
West Agriculture/Mining Agricultural MDR and LDR – Medium and Low
Density Residential
Access to the Danner mine comes from County Road 42 via a gravel road along the eastern edge of the
property. The applicant has secured a temporary access permit from the County in order to begin working
in the mine but will need to finalize this permit in order to ensure long-term usage of the site. The permit
application notes that haul roads within the City will continue to be County Road 42 to State Highway 52.
The one area of concern noted by staff during its inspection concerns the state of the berm. As the
applicant notes, it is not finished and is only constructed to about half of its finished height. The berm
should be completed in 2020, however the applicant will need to act to avoid erosion and storm water
runoff problems in the meantime. The City Engineer is recommending adding a condition of approval to
the permit requiring that the berm be seeded with a temporary cover crop this spring until the mine
continues working on it or establishes the final cover at the finished elevation. The condition is added to
the attached permit.
CONCLUSION & RECOMMENDATION
The Planning Commission and staff recommend approval of this request based upon a review of the
information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City
Code, City Police records and the attached draft permit.
Dakota County, MN
Property Information
May 9, 2018
0 1,750 3,500875 ft
0 525 1,050262.5 m
1:1 9,2 00
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.
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Mineral Extraction Permit
2020 Conditions for Small Scale Mineral Extraction Permit
MAX STEININGER, INC.
A Max Steinnger Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
B The property Owner shall comply with all terms of this permit as well as the standards for mineral
extraction listed in Section 11-10-04 of the City Code.
C This permit is granted for the area designated as Phase 1 (approximately 15 acres) on Exhibit A, Mineral
Extraction Permit Mine Plan, which is attached hereto as an exhibit. Regrading and reclamation shall
occur in the area designated Phase 1 on Exhibit A in accordance with the requirement of Section 11-10-4.4
of the City Code. Reclamation is not expected to occur in the 2020 calendar year,
D The term of the permit shall extend from the date approved by the City Council until December 31, 2020
unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit
fee shall be paid to the City of Rosemount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan,
attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed
by the City from time to time.
G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements
necessary 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 if any changes occur
relative to the mining process.
H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or
contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner’s expense without prior notification.
I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or
otherwise affect the natural drainage of adjacent property.
J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
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K Any costs incurred now or in the future in changing the location of existing public or private utilities
including but not limited to pipelines, transmission structures and sewer infrastructure located within the
permit area shall be the sole obligation and expense of the Property Owner.
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal
fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for
the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to
reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday, subject, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the
City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to
assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of
Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and
requirements of the permit; all rules, regulations and requirements pursuant to the permit and as
required by the City and all reasonable requirements of the City Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims, or for which the City, the Council or any City officer may be made liable by reason of any
accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from December 31, 2019 to July 31, 2021.
Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is
adequately protected.
O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury
liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars
and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100
($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an
additional insured and shall remain in effect from December 31, 2019 to July 31, 2021.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction
debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, or hazardous materials within the pit as fill shall be strictly prohibited. The placement of
asphalt in any form shall also be prohibited unless specifically approved by the City as part of the aggregate
and concrete recycling activities.
Q. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County
Environmental Management Department as incidental to a sand and gravel mining operation. Any such
activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any
ponding areas, wash plants or other processing or equipment brought to the site shall require additional
site and grading plan information subject to review and approval of the City Engineer.
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R. The Property Owner shall hold the City harmless from all claims or causes of action that may result from
the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or
expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such
claims.
S. The Property Owner shall comply with such other requirements of the City Council as it shall from time to
time deem proper and necessary for the protection of the citizens and general welfare of the community.
T. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
U. The Property Owner shall incorporate best management practices for controlling erosion and storm water
runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental
Protection Agency.
V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding
and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials. No stockpiles shall exceed elevation of the grades adjacent to the mine (the
height of the pit wall).
X. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the
authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the
terms of this Permit.
Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. There shall be no “haul-back” of materials from any other property or job site that would be imported to
the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs
Q and W; topsoil imported for the purpose of re-establishing turf as accepted by the City; and earthen fill
materials from projects that further meets the requirements of testing in documents by American
Engineering Testing, Inc. (or other City approved geotechnical testing firm), and which is used to replace
sand and gravel mined below approved finish grades.
AA. Max Steininger., Inc. shall submit semi-annually to the City documentation of the American Engineering
Testing, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing
with documentation verifying the source and quantity of any “haul-back” material. These reports shall be
provided by May 15th and November 15th of each year.
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BB. Max Stieninger., Inc. 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.
CC. Max Steininger., Inc. shall compact the entire reclamation site to a minimum compaction of 95% of
maximum dry density.
DD. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the
elevation shown on Exhibit A with haul-back, clean-fill material. In no instance shall mining occur in the
groundwater aquifer.
EE. Blasting or the use of explosives is prohibited.
FF. 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.
GG. The City of Rosemount shall have the ability to collect independent soil and water samples.
HH. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined
in Minnesota State Statute 609.605.
II. The berm under construction shall be seeded with a temporary cover crop in the spring of 2020 until the
mine continues working on it or establishes the final vegetative cover at the finished elevation.
Max Steininger, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of __________________, 2020. MAX STEININGER, INC. By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2020, by __________________________________, on behalf of Max Stieninger, Inc., Property Owner. ______________________________________ Notary Public
Steininger Mine Inspection October 2019
Entrance Road
Active Mining Area
Steininger Mine Inspection October 2019
Topsoil Stockpile
View to the East
Steininger Aerial Images
September 2019
September 2018