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HomeMy WebLinkAbout5.d. Dakota Aggregates ME Renewal 2021 EXECUTIVE SUMMARY Planning Commission Meeting Date: December 14, 2020 Tentative City Council Meeting Date: January 19, 2021 AGENDA ITEM: Case 20-61-ME Renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit through 2021 AGENDA SECTION: Public Hearing PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.d. ATTACHMENTS: Location Map; Draft 2021 Mineral Extraction Permit; Application Narrative; Overall Phasing Map; 2020 Sub-Phase Map (Mining Area – North and Mining Area – South); Interim Use History Chart; Email Correspondence with Applicant – August 2020; 8/4/20 Sound Monitoring Data; Site and Aerial Photos APPROVED BY: KL RECOMMENDED ACTION: Motion to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2021, subject to the terms and conditions in the attached 2021 Draft Conditions for Mineral Extraction Permit ISSUE Dakota Aggregates has applied for the annual renewal of their large-scale mineral extraction permit (LSMEP) on the UMore property. An annual operating permit is required for all gravel operations within the City, and the Dakota Aggregates permit was last renewed in January 2020. None of the ancillary uses, including the aggregate processing facilities, concrete product casting yard and concrete and asphalt production are due for renewal this year. Due to the interconnected nature of the mineral extraction and processing activities taking place on the site, any concerns with the other activities may be reviewed as part of the LSMEP discussion. For 2021, Dakota Aggregates will increase the overall active mining area in the north by 14.77 acres, most of which will occur in an area opened for mining due to the reduction in the size of the sand stockpile. There will be a slight reduction in the overall active mining area in the southern mining area due to expansion of open water associated with the wet mining activity. The applicant is not proposing to add any new phases to the active mining area in 2021. 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: 151.71 acres total area; 75.64 acres about ¼ mile south of County Road 42 (Dry Mining) and 76.07 acres at the northwest corner of County Road 46 and Station Trail (Dry/Wet Mining). Comp Plan & Zoning: Future Land Use: LDR Low Density Residential, MDR Medium Density Residential, and CC Community Commercial in North Mining Area and Agricultural Research in South Mining Area/Zoning: Agricultural for all Subject Property Extraction progress: 9 Phases (3 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 has prepared the attached Interim Use Permit summary chart that highlights the annuals reviews completed for the operation. The current request is specific to the annual renewal of the large-scale mineral extraction permit. The other auxiliary uses identified in the above chart have been approved or renewed by the City and are operating within their approved time frames and in compliance with approval conditions. Please note that the Interim Use Permit (IUP) for the aggregate processing facility was extended last year and is now valid through 2024. There are seven years remaining for complete excavation and restoration in the northern mining area, which must be complete by 2028. The applicant has stated that the mining in the north area is proceeding ahead of schedule, with nearly 44 acres reclaimed and turned back to the University of Minnesota for agricultural use. 3 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. Mineral extraction operations are permitted for up to 24 hours each day; however, loading and hauling from the north mining area is limited to 6:00 AM -10:00 PM Monday through Friday and Saturday 7:00 AM – 7:00 PM. As an exception to this requirement, 24-hour loading and hauling from the north is allowed for up to three public projects each year. Dakota Aggregates did not conduct any night hauling from the north during 2020. 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 2014-2021* Wet/Dry Mining including conveyor system (both north and south mines) 24 hours/7 days a week 2014-2021* 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 2021 as 2014-20. 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, except for up to three public projects per year. In that instance they are permitted a 24-hour operation. In 2020 there were no projects that required hauling at night; therefore, Dakota Aggregates did not conduct any loading or hauling outside of the standard operating hours in the northern mining area over the past year. In previous years, the applicant has provided material for MnDOT construction projects that have required hauling at night. The proposed operating permit for 2021 is very similar to the permit approved last year, and active mining will not advance into any new phases in the coming year. Instead, the applicant will continue to mine within phases previously approved under the last permit renewal. There is a small area within subphases 2C and 2D that was previously covered by a sand stockpile, but with the recent drawn down of this pile, the now-exposed ground can be mined. Reclamation continues in the eastern portion of the north mining area, with addition land reclaimed in the northern portions of phases 6 and 7. The applicant estimates that it will take roughly two more years to completely remove the sand stockpile based on the current demand for the material. Once the stockpile is gone, excavation can finish in the undisturbed portion of phase 1. In the southern mining area, the applicant is also not proposing to expand into any new phases in 2021 and will instead continue to mine in the previously approved areas and mining below the ground water elevation within these areas. Starting last year, Dakota Aggregates brought in a dredging barge and related equipment (conveyors) to continue mining from the surface of the open water until the lowest permitted elevation is achieved. This process is described as follows in the applicant’s annual narrative report: In 2020, Dakota Aggregates constructed a new floating twin 16 CY clamshell dredge to continue underwater mining. Clamshell dredges have been and are currently used all over the United States and world. This fully electric dredge allows Dakota Aggregates to safely, and efficiently mine this regionally important aggregate reserve. 4 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. At the end of this year, the applicant is reporting that nearly 11 acres have been reclaimed as open water in the southern mining area. Staff has reviewed the operating permit conditions for 2020, and is recommending minor amendments in order to update this document for 2021 based on the applicant’s recent submission. Please note that the 24-hour allowance for the aggregate processing activity was approved by the City as part of a five-year interim use permit that is set to expire/be renewed in 2024, and is regulated under the terms of a separate permit with the City, as are the cement casting yard and concrete and asphalt production areas. MINING OPERATION – UPDATE 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 2020, Dakota Aggregates reported the following (all quantities in tons): • Aggregate materials sold from the north dry mining area: 290,000 (up 15,000 from 2019) • Aggregate stockpiles on site in the north dry mining area: 100,000 (down 350,000 from 2019) • Aggregate material sold: 1,390,962 (decreased from 1,892,000 in 2019) • Total amount of stockpiles in aggregate processing facility: 578,500 (up from 479,800 in 2019) • Recycled aggregate material sold: 170,000 (up 31,000 from 2019) • Recycled aggregate stockpile: 78,000 (up from 41,800 tons in 2019) The numbers reported by the applicant show a modest decrease in the amount of overall aggregate material sold from the previous year, with some increases in the amount of material stockpiled in the southern mining area. There was a considerable increase in the amount of sand material removed from the stockpile in the northern mining area, leaving only 25% of the material that was present at the start of the year. The continued draw down of the sand stockpile is consistent with the timing estimates previously provided by the applicant, and this material should be completely removed by the end of 2021 or early 2022 based on historical removal rates. Even with the slowdown in economic activity associated with the coronavirus, the market for aggregate materials remained relatively strong over the past year and has allowed Dakota Aggregates to stay ahead of schedule for removing aggregate materials, especially in the northern mining area. At the request of staff, the annual report narrative now includes a section concerning the planned progression of mining into future project phases in the northern mining area. Overall, Dakota Aggregates has prioritized completing restoration work in the northeastern portion of the mine in order to move the active mining further from existing residential homes on an accelerated schedule. This has also allowed the applicant to work around the sand stockpile within phases 1 and 2 as that material has been removed from the site over time. With the significant stockpile reductions over the last two years, the applicant will be able to complete mining in the first two phases and then begin moving further south. The modified phasing plan has been approved in previous years, and has also been reviewed by the University of Minnesota for consistency with their development plans on the site. Ultimately, the Dakota Aggregates will be able to complete its excavation actives in the 5 far northern portion of the site prior to any development occurring in the area based on the University’s most recent plans for sale and development of its property. 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. This satisfies the condition for the current mining area. There will be another soil boring taken before expansion to the west. 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 Testing on behalf of the applicant. As of early 2020, 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 2020, 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 has been reduced from the original number of 5 such projects). For 2020, Dakota Aggregates did not conduct any overnight hauling because there were no public projects that required the flexibility to hail at night. As noted by the applicant during previous reviews, it is very difficult for them to predict their night hauling schedule since it is very much dependent on MnDOT’s schedule and need for materials. While the permit does not restrict the overall number of days/nights that 24-hour hauling can take place (only the overall number of public projects), the actual usage tends to be very sporadic and focused on a fairly narrow time period. NOISE MONITORING AND DISCUSSION Noise generated by the facility continues to be one of the primary issues discussed 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 mining activity, 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, and the applicant has been following these protocols. In general, the City has required Dakota Aggregates to monitor sound for at least two different time intervals during which hauling occurs at night from the northern mining area. As noted above, there was no overnight hauling conducted in 2020; therefore, Dakota Aggregates has not submitted sound monitoring data to the City from last year. Detailed information was provided for certain time periods in 2019, and the results did not identify any specific events or time periods during which it could conclusively be stated that the applicant was operating in violation of the City’s (and MPCA) noise standards. As noted during previous reviews, 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 6 noise standard compliance issues and to limit the occasional noises that may be heard from neighboring properties but fall outside the regulatory noise limits. The applicant has asked to discontinue sound monitoring based on the results from 2019 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 and complete lack of night hauling events in 2020), staff would like to see at least one more years’ worth of data before amending or eliminating this requirement. The 2021 permit includes a sound monitoring requirement like the one required the previous year. 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. The following is a summary of the information documented over the past year: • The police department logged four calls from a home on Biscayne Way on the nights of 6/15, 6/26, 8/4, and 9/26 complaining about loud equipment. All calls were received between 11:00 PM and 2:15 A.M. With the two latter instances, an officer visited the area and noted that they could not hear anything. • The City received an email on the general comment inbox stating that at about 1:00 AM on August 4th noise coming from the sand pit South of County Road 42 and east of Biscayne Avenue was loud and disturbing. It appears that this email complaint was related to the call received by the police department the same night. • On December 7th staff received an anonymous voice mail message regarding the mining operation expressing concern that the annual review meeting was just a formality and that the Council has been supporting the business over the residents in the area. The individual stated that the neighbors do not want the air, noise, and water pollution associated with the mine. Staff notified Dakota Aggregates about the complaint received via email, and as noted in the attached response from the applicant, they had also received an email complaint later that night. In order to document conditions at the time of the complaint, Dakota Aggregates reviewed the sound monitoring data from that evening, and noted that the site was operating in compliance with the sound standards (at least as measured from the monitoring station). The monitoring data associated with the early August 4th complaint is attached to the response email from the applicant. Other than the email and phone message described above, staff has not received any additional 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 2020 outside of the August 4th email described above. 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 five years, the police 7 department has logged a total of three complaints in addition to the four calls received in 2020 concerning noise from the site. When a situation arises at the mine (like excessive noise levels), it is important for the City to be able to investigate, document, and work with the applicant to address such issues. The most responsive way for the City to handle any complaints is through the police department, which can dispatch an officer very quickly to investigate and evaluate the situation. All of these complaints are tracked through the permitting process, and the City will have a chance to evaluate the type and frequency of issues each year as part of the annual permit review. This process has led to many improvements that have ultimately reduced negative impacts, and has been useful to help avoid smaller problems from becoming a larger City-wide nuisance. Staff continues to encourage residents to call and report all matters of concern, and will continue to document all complaints so that the Planning Commission and City Council may be fully aware of any and all resident concerns in the future. GENERAL REVIEW COMMENTS AND RECOMMENDATIONS Although the mining of the site has progressed in a manner very consistent with previous reviews, there are a few issues that should be addressed or acknowledged now that mineral extraction activity has taken place for eight 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 is now mining below the ground water elevation in the southern mining area and starting in 2020 has begun operating a mining dredge on the surface of the water and is actively removing sand and gravel deposits from underneath the open water area. The terms and conditions for wet mining are included in the 2021 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. The applicant will continue expanding and pushing the water surface farther west and north as it reaches the permitted mining depth in this area. 8 • Biscayne Avenue. The City has nearly completed its work on the reconstruction of Biscayne Avenue, and the road is open again for public use. The road is now paved accordance with a typical urban collector road. Although the new road surface 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 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. • Aggregate Processing. The aggregate processing interim use permit was extended for another five years through 2024 in the early part of this year. Staff has not identified any specific concerns or issues with the aggregate processing facility above and beyond the overall mining review in this report. 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 2020 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 2020. • Consistent with previous years’ activity, Dakota Aggregates did not submit a semi-annual report this year. The City visited the site on November 3rd; no specific areas of concern were observed during the site visit. Staff was able to observe the dredging barge in operation in the south mining area and noted a significant reduction in the size of the sand stockpile in the northern part of the site. • 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. 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 2021. 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. 20210 Large Scale Mineral Extraction Annual Operating Permit Agreement for North Dry Mining Sub-phases, 2A, 2B, 2C, 2D, 4A, 4B, 5A, 5B, 6B, 7B and 8A; and Dry/Wet Mining Sub-phases 1A, 1B, 2A, 2AA 2B, 2BB, 3BA, 3BB 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, 20210 until December 31, 20210 unless revoked prior to that for failure to comply with the permit requirements. C. Mining in Wet/Dry Mining Sub-phases 1A, 1B, 2A, 2AA, 2B, 2BB, 3A 3B, 3BB 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, 2D, 4A, 4B, 5A, 5B, 6B, 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, 6B, 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, 6B, 7B and 8A or in any reclaimed areas. G. The North Dry Mining Sub-phases, 2A, 2B, 2C, 2D, 4A, 4B, 5A,5B, 6B, 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. 20210 Annual Operating Permit Dakota Aggregates, LLC 2 of 6 K. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and approved by the City Engineer before the reclamation can occur. L. A gate and thirty (30) feet of fencing on each side of the gate shall be installed at the Station Trail access. The gate shall be closed and locked when the mining or ancillary uses are not in operation. A knox box or similar devise shall be installed to provide emergency personal access to the key for the lock. M. Conformance with the City Engineer’s Memorandum dated September 20, 2012. N. The University of Minnesota (or designated entity) shall obtain approval and/or concurrence from the MPCA regarding completion of appropriate investigations and/or actions taken in response to identified releases of hazardous substances, pollutants or contaminates as defined under Minn. Statute 115B, and as deemed reasonable and necessary by the MPCA. O. Dakota Aggregates shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After Dakota Aggregates has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at Dakota Aggregates’ expense. In the event of a traffic hazard as determined by the City Administrator (or the Administrator’s designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Dakota Aggregates’ expense without prior notification. P. No topsoil shall be removed from the site unless Dakota Aggregates can demonstrate that there is topsoil in excess of the amount needed to reclaim the End Use Grading Plan with at least six (6) inches of topsoil. Dakota Aggregates shall take necessary measures to prevent erosion of the stockpiled topsoil. Q. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of Dakota Aggregates. R. All costs of processing the permit, including but not limited to planning fees, engineering fees, and legal fees, shall be paid by Dakota Aggregates prior to the issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. S. Dakota Aggregates shall deposit with the Planning Department a surety bond or cash deposit in the amount of Eight Hundred Fifty One Thousand one Hundred Dollars ($851,100) in favor of the City for the cost of restoration, regrading and/or 20210 Annual Operating Permit Dakota Aggregates, LLC 3 of 6 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, 20210 until July 31, 20221. 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, 20210 until July 31, 20221. 20210 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 Control Agency and the United States Environmental Protection Agency and 20210 Annual Operating Permit Dakota Aggregates, LLC 5 of 6 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 2019 2020 Annual Monitoring Report, including all groundwater testing, and submit the report to the City b y January 31, 20210. WSP (formerly known as Leggette, Brashears, & Graham, Inc. - LBG) shall review the revised report on behalf of the City and has the authority to adjust the frequency of the groundwater sampling based on testing results. KK. Dakota Aggregates shall implement the sound mitigation measures as documented in its 2016 Large Scale Mineral Extraction Permit application and referenced in the March 1, 2016 City Council report concerning said application. LL. The City of Rosemount shall oversee sound monitoring to assess the noise levels generated by the mining activity at times and in locations to be determined by the City. Sound monitoring will occur during times when trucks are hauling from the north mining area. Dakota Aggregates shall reimburse the City for all costs associated with said monitoring. MM. The city of Rosemount shall have the ability to collect independent soil and water samples. NN. Mining within any phase that would expose the groundwater will not be permitted before additional borings are conducted in the deepest areas of the proposed lake to confirm that a minimum of fifteen (15) feet of separation between the mining and the 20210 Annual Operating Permit Dakota Aggregates, LLC 6 of 6 bedrock. Mining can occur within 2 feet of the groundwater prior to testing occurring. OO. Dakota Aggregates shall provide an updated phasing schedule with its annual renewal application for both the north and south mining areas and will incorporate any comments from the City into the schedule. 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 AUTUMN CTBANYANTH ST W (CSAH 42)BISCAYNE AVEBISCAYNE AVEBITTER -SWEETCTBI T T E R -S W E E T CI RBLOOOMFIELDWAY AUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL BLOOMFIEL D CIR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDBELFAST ST W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AV E 160TH ST W (CSAH 46) B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYBAYBERRY BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUMNWOOD WAYCT A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W CIRCTWAYB E L L E C T 142ND CT WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOISECIR ST W BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160TH ST W (CSAH 46) 145TH ST W AURORA AVE L 147THCT ABBEYFIELDAVEABB E Y F I E L D CT AILESBURYCT141STST E ADAIR AVE 149TH ST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERC O R N AVE AILESBURY AVE ALDBOROUGHAVEALM A C I R 1370'680'2 134 10 9 5 1187 34 56 2 1AUTUMN CTBANYANTH ST W (CSAH 42)BISCAYNE AVEBISCAYNE AVEBITTER -SWEETCTBI T T E R -S W E E T CI RBLOOOMFIELDWAY AUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL BLOOMFIEL D CIR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDBELFAST ST W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AV E 160TH ST W (CSAH 46) B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYBAYBERRY BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUMNWOOD WAYCT A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W CIRCTWAYB E L L E C T 142ND CT WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOISECIR ST W BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160TH ST W (CSAH 46) 145TH ST W AURORA AVE L 147THCT ABBEYFIELDAVEABB E Y F I E L D CT AILESBURYCT141STST E ADAIR AVE 149TH ST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERC O R N AVE AILESBURY AVE ALDBOROUGHAVEALM A C I R 1370'680'2 134 10 9 5 1187 34 56 2 1 Path: T:\GIS\City\Maps\Departmental Maps\CommunityDevelopment\Mining\Mining Phases.mxdMining PhasesBUFFER# Phase DRY WET  Dakota Aggregates Large Scale Mineral Extraction Permit Interim Use Permit History: Updated 12/14/20 (Annual Reviews Highlighted) Permit Date Issued Term (yrs) Notes/Comment Large Scale Mineral Extraction 12/18/12 40 Initial IUP for entire site (northern dry mining area to be completed by 2028) LSMEP Annual Permit 12/18/12 1 Annual Permit for 2013 Aggregate Processing IUP 12/18/12 3 Interim use for aggregate processing and recycled aggregate processing LSMEP Renewal 12/17/13 1 Annual Permit for 2014 Primary Ready-Mix Concrete Plant IUP 5/20/14 10 Enclosed facility within the approved auxiliary use area Seasonal Ready-Mix Concrete Plant IUP 5/20/14 10 Within same area as the primary plant LSMEP Renewal 11/18/2014 1 Annual Permit for 2015. Extended hours approved with permit Aggregate Processing IUP 11/18/14 5 Interim use for aggregate processing and recycled aggregate processing – extension of original permit. Extended hours approved with permit Wells Concrete Casting Facility 12/16/15 30 Interim use for a concrete casting facility within the approved auxiliary use area LSMEP Renewal 3/1/16 1 Annual Permit for 2016, conducted review of sound issues LSMEP Renewal 1/17/17 1 Annual Permit for 2017 LSMEP Renewal 2/20/18 1 Annual Permit for 2018 LSMEP Renewal 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 LSMEP Renewal* (1/19/21)* 1 Annual Permit for 2021 * Permit currently under review From:Pat Mason To:Klatt, Kyle Cc:Setterstrom, Mark <msetterstrom@dakotaaggregates.com> (msetterstrom@dakotaaggregates.com); "Jon Pechacek" Date:Friday, August 7, 2020 3:29:46 PM Attachments:AmesLogo2019_dcdfb8ad-5ed2-4bf8-9e29-a21e5c53ac5d.png Noise Data Graph 7.30.20 - 8.4.20.pdf Kyle, As per our discussion, you received a complaint via email at approximately 12:30 am on 8-4-20 claiming that noise was being heard coming from our Dakota Aggregates Pit. As discussed we had received an email in our general email box around 2:38 AM on August 4th claiming that noise was coming from our pit at 12:30 am on August 4th.  For some reason the email came in two hours later than noise was heard.  The email sent to us came from... Is this the same address of the complaint  received by the City? As discussed we pulled the noise monitor equipment and asked our staff to download the data. As you will see on the attached noise data graph, all activities associated with our site are in full compliance. Regards: Pat Mason Pat Mason Director, Real Estate & Aggregate Development PatMason@amesco.com Mobile: 612-366-7249 Midwest: 952-887-6103 2000 Ames Drive Burnsville MN 55306 AmesConstruction.com Instilling True Confidence. Delivering Success. The information transmitted is intended only for the person or entity to which it is addressed and may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, publication, distribution, reproduction or any action taken in reliance upon this message is prohibited. If you received this in error, please contact the sender and delete the material. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. 25 35 45 55 65 75 85 Sound Intensity [dBA]Noise Data from 7/30/20 to 8/4/20 (Atwater Way and Aldborough Ave) Operating Weather L10 Non-Compliance L50 Non-Compliance Sound Data L10 (Day: 65, Night: 55) L50 (Day: 60, Night: 50) Hauling Wet Mining Dredging Barge - December 2020 Aerial Image - September 2019 Aerial Image - September 2020