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.
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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.
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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.
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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
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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
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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
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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.
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• 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
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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
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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
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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
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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
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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