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HomeMy WebLinkAbout6.k. Renewal of the Small Scale Mineral Extraction Permit at the PedKuznia Properties for Bolander and Sons for 2022 EXECUTIVE SUMMARY City Council Regular Meeting: January 18, 2022 AGENDA ITEM: Renewal of the Small Scale Mineral Extraction Permit at the Ped/Kuznia Properties for Bolander and Sons for 2022 AGENDA SECTION: Consent PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.k. ATTACHMENTS: Location Map, Draft 2022 Mining Permit, Excerpt from the December 20, 2021 Planning Commission Meeting Minutes, Applicant’s Narrative, Phasing Plan, Reclamation Plan, Property Information, Site Photographs, Site Aerials APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a renewal of the Carl Bolander and Sons Small Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the attached 2022 Draft Conditions for Mineral Extraction SUMMARY Applicant: Carl Bolander and Sons, LLC Property Owner(s): Otto Ped Revocable Trust (c/o Karin Larsen), Grace Kuznia, and Kimberly Ped Location: 4992 145th Street East Area in acres: Ped – 80 Acres, the West half along Co. Rd. 42. Kuznia – 80 Acres, the East half along Co. Rd. 42. Mining area: Approximately 15 acres Comp. Guide Plan Designation: CC – Community Commercial, MDR - Medium Density Residential and LDR - Low Density Residential Current Zoning: AG – Agriculture The City Council is being asked to consider an application from Carl Bolander and Sons, LLC requesting renewal of its annual small scale mineral extraction permit for the properties located at 4992 145th Street East. The subject properties are owned by Karin Larsen, Kimberly Ped, and Grace Kuznia and are located approximately 1 ½ miles east of US Highway 52 and south of County Road 42. This request represents the sixth year that the applicant will be operating the mining site since taking over the mining operations from the previous owner. In previous years, the City expressed concern that the reclamation work in earlier phases had not yet been completed; however, as of the summer of 2018 all reclamation required by the previous mine operator has been finished. Bolander and Sons has been implementing the revised reclamation plan that was amended and approved in 2016. PLANNING COMMISSION ACTION The Planning Commission reviewed the Interim Use Permit renewal request at their meeting on December 20, 2021. There were no public comments received during the public hearing and the Commission did not raise any specific concerns about the request. The Planning Commission unanimously adopted a motion to recommend approval of the Carl Bolander and Sons, LLC Small Scale Mineral Extraction Permit for 2022, subject to the conditions in the attached 2022 conditions for Mineral Extraction. 2 BACKGROUND The applicant received their first annual permit as operators of the mine in 2017. Over the course of their first year approximately 180,000 cubic yards were exported from the site, which was off-set by a similar amount being hauled back to the site from projects for use in restoration of the pit. By the middle of 2018, all the Phase 1 mining area had been brought up to the final elevations in accordance with the adopted reclamation plan. Since then, the applicant has continued to mine within Phases 2 and 3 while bringing in fill for site restoration for these phases. In 2019, the applicant reported removing 204,730 cubic yards of material from the site while hauling in 214,698 cubic yards for restoration. In 2020, 251,110 cubic yards were removed from the site and 151,369 cubic yards were brought to the site. 2021 saw a significant decrease in numbers compared to the previous few years with 100,790 cubic yards of material removed from the site and 23,370 cubic yards brought to the site. The applicant has provided data form the analytical testing performed on the haul-back and has performed the required compaction testing. For 2022 the applicant is expecting to haul 100,000 to 150,000 cubic yards from the mine, which is the same amount as forecasted in 2021 due to the higher uncertainty in the market. Work is expected to continue in Phases 3 and 4, with mining below the final restoration grades occurring in those areas. The applicant notes that they will not exceed the maximum of 50,000 cubic yards of required fill below restoration grades on the site in 2022. ISSUE ANALYSIS The subject property is zoned AG – Agricultural and meets or exceeds the applicable performance standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use within the Agriculture district. The table below details the current land use, zoning, and future land use information for the surrounding properties. None of the sites are located within the current Metropolitan Urban Service Area (MUSA), but are located within the 2030 or 2040 MUSA. The 2040 Future Land Use Map anticipates a mixture of residential, business park, and commercial uses in this area. Surrounding Land Use and Zoning Information Direction Current Land Use Guided Land Use Zoning North Agriculture CC – Community Commercial, BP - Business Park and LI – Light Industrial Agricultural South Agriculture LDR – Low Density Residential Agricultural Preserve East Agriculture CC – Community Commercial, MDR – Medium Density Residential, LDR – Low Density Residential Agricultural West Agriculture/Mining MDR – Medium Density Residential and LDR – Low Density Residential Agricultural The Ped/Kuznia mine is accessed by a joint access road with the Danner mine on the western edge of the Ped property line. The applicant maintains a private access agreement with Danner to coordinate mining levels and allow continued access to the site. As a part of the annual review of all mineral extraction permits, staff performs an inspection of the site and consults with the Rosemount Police Department regarding any police activity. No ordinance or permit condition violations were apparent during the inspection, and ground cover has been established on all restored areas. Police records found no incidents at the subject property during 2021. 3 RECOMMENDATION The Planning Commission and Staff recommends renewal of the Small Scale Mineral Extraction Permit at the Ped/Kuznia properties for Carl Bolander and Son, LLC for 2022 based upon a review of the information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records and the attached draft permit. Bolander Mine Location Site 2022 Mining Permit Bolander and Sons./Ped -Kuznia Page 1 of 6 Small Scale Mineral Extraction Permit 2022 Conditions for Small Scale Mineral Extraction Permit Renewal Bolander and Sons (PED-KUZNIA) A. Bolander and Sons (hereinafter the “Operator”) shall sign a written consent to these conditions binding itself and its successors and assigns to the conditions of this permit. Karin L. Larson, Kimberly K Ped and Grace Kuznia (hereinafter the “Owner”) shall sign written acknowledgment and consent to these conditions and to issuance of this permit in the form set forth at the end of these conditions. B. The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11-10-04 of the City Code. C. This permit is granted for the area designated as Phase 3 and Phase 4 as shown on the Phasing Plan dated 10-20-2021. The active mining and excavation area cannot exceed 19.5 acres open at any one time and only 50,000 cubic yards can be open below the reclamation grades consistent with the approved Plan, at any one time. The establishment of vegetation is required within all completed reclamation areas. D. The term of the permit shall extend from January 1, 2022 until December 31, 2022 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $370.00 shall be paid to the City of Rosemount. E. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Operator to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. F. The final grading for the permit area shall be completed in accordance with the submitted Proposed Reclamation Plan dated 11-01-2016. An 8% grade for the public road corridor which allows access into the site consistent with public road standards is required through site reclamation. G. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 (CSAH 42) from the joint access between the Danner and Ped properties and the designated truck route to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH 52 to the City boundary. It shall be the Operator’s responsibility to obtain easements for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process. 2022 Mining Permit Bolander and Sons./Ped -Kuznia Page 2 of 6 H. A gate must be placed at the driveway entrance that shall be secured after hours. The operator shall also install and maintain “No Trespassing” signs consistent with the standards outlined in Minnesota State Statute 609.605. I. The Operator shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Operator has received 24-hour verbal notice, the City may complete or contract to complete the clean-up at the Operator's expense. J. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. K. No topsoil shall be removed from the site and the Operator shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit A, the Mining Plan. L. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Operator. M. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior to the issuance of the permit. The Operator shall reimburse the City for the cost of periodic inspections by the City Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Operator agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. N. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday subject to being changed by the City Council. O. The Operator shall deposit with the Engineering Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Operator. The required surety bonds must be: 1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. 2) Satisfactory to the City Attorney in form and substance. 3) Conditioned that the Operator will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the Public Works Director or any other City officials. 4) Conditioned that the Operator will secure the City and its officers harmless against any and all claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Operator. 2022 Mining Permit Bolander and Sons./Ped -Kuznia Page 3 of 6 5) The surety bond or cash escrow shall remain in effect from January 1, 2022 until July 31, 2023. 6) Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. P. The Operator shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2022 until July 31, 2023. Q. Processing and crushing of materials are permitted on the site in accordance with the Sand and Gravel Mining Plan and Backfill Plan dated November 2018. No additional processing or production of materials may occur on the site and construction of any ponding areas or wash plants shall require additional City Council approval and notification of adjacent property owners, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained. R. The Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Operator and the Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. S. The Operator comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. T. Modifications or expansion of the mining areas must be approved in writing by the City. U. The Operator shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. V. The Operator shall receive all applicable permits and follow all appropriate regulations of all federal, state, or county agencies. W. The Proposed Reclamation Plan shall be coordinated with any abutting Mineral Extraction site to insure matching conditions and final grades along any adjoining property line(s) to the greatest extent possible. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be 2022 Mining Permit Bolander and Sons./Ped -Kuznia Page 4 of 6 less than two inches after reclamation. Reclamation of the site must be consistent with the Council approved reclamation plan to ensure future development potential of the site. X. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Y. The fill area regrading and reclamation shall follow the procedures described in the Sand and Gravel Backfill Protocol dated 2016 including an annual report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material including supporting analytical results. Z. Mining to the elevation of 840 feet above mean sea level is allowed provided that the site is reclaimed to the elevation shown on the Proposed Reclamation Plan dated 11-01-2016. Should haul-back be brought to the site, it must comply with the Sand and Gravel Backfill Protocol dated January 2016. In no instance shall mining occur in the groundwater aquifer. AA. Blasting or the use of explosives is prohibited in the mining of Bolander and Sons operation. BB. The City of Rosemount shall have the ability to collect independent soil and water samples. 2022 Mining Permit Bolander and Sons./Ped -Kuznia Page 5 of 6 Karin L. Larson, Kimberly K. Ped and Grace Kuznia, Minnesota residents and owners of the properties for which this permit is issued, hereby consent and agree to the issuance of a mineral extraction permit for said properties and to the imposition of the foregoing conditions. Owners further agree and consent to entry onto said properties by the City, its officers, agents, contractors and employees and by the surety of the bond issued in accordance with paragraph O, its officers, agents, contractors and employees to take any action deemed necessary by the City to enforce and assure compliance with the conditions of this permit and law. Owners further agree that they will not bring any claims or legal actions against the City, its officers, agents, contractors or employees for damages arising out of issuance of this permit or administration or enforcement by the City of the conditions of this permit or of law. The foregoing agreements of Owners shall run with the land of said properties and shall bind the Owners, their heirs, successors and assigns. By: Karin L. Larson By: Kimberly K. Ped By: Grace Kuznia STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by Karin L. Larson, Minnesota resident and property owner. ________________________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by Kimberly K. Ped, Minnesota resident and property owner. ________________________________________ 2022 Mining Permit Bolander and Sons./Ped -Kuznia Page 6 of 6 Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by Grace Kuznia, Minnesota resident and property owner. ________________________________________ Notary Public That _________________________ of Bolander and Sons, the operator, hereby consents and agrees to the foregoing conditions of said mining permit. Bolander and Sons By: Its: _______________________ STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___ by _______________________ of Bolander and Sons, the operator. ________________________________________ Notary Public EXCERPT FROM THE DECEMBER 20, 2021 PLANNING COMMISSION MEETING MINUTES 5.c. Request by Bolander and Sons to approve renewal of their Small Scale Mineral Extraction Permit for 2022. (21-64-ME) Planner Hogan gave a presentation and summary of the staff report for the Planning Commission. Commissioner Reed inquired if the distribution center that will be just north of the site. Is there any concern for traffic. Hogan stated that at this time there is none. The public hearing opened at 7:01 pm. Public Comments: None. MOTION by Thiagarajan to close the public hearing. Second by Hebert. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 7:02 pm. Additional Comments: None. MOTION by Hebert to Recommend that the City Council approve the Bolander and Sons Small Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the attached 2022 Conditions for Mineral Extraction. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. Sand and Gravel Mining and Backfill Plan November 2021 Year 5 Report 145th Street Sand Pit – Otto Ped Property Submitted to: City of Rosemount Prepared By: Carl Bolander and Sons, LLC 251 Starkey Street St Paul, MN 55107 (651) 224-6299 November 8th, 2021 1. Introduction Carl Bolander and Sons, LLC (Bolander) has entered into an agreement with Otto Ped Revocable Trust (C/O Karen Larsen), Grace Kuznia, and Kimberly Ped (Land Owners) to operate a sand and gravel mining operation on two parcels of land on 145th street in Rosemount, Minnesota. Sand and gravel resources are being excavated and prepared for off-site uses. These operations include: excavation, stockpiling, screening, crushing, recycling concrete/asphalt, and loading trucks. Bolander is mining sand and gravel for uses off site. This document has been prepared as a submittal to the City of Rosemount as part of our yearly reporting to operate the site. The mining operation is done in accordance with the following: · This mining and backfill plan · The SWPPP · City of Rosemount Code 11-10-4 Small Scale Mineral Extraction · Any permits issued by the City, County, or State. The site shall be reclaimed in accordance with the following: · This mining and backfill plan · The SWPPP · City of Rosemount Code 11-10-4 Small Scale Mineral Extraction · Any permits issued by the City, County, or State. 2. Location and Access The mailing address for the Dakota County Parcel ID 34-09200-50-011 is 4992 145th Street East, Rosemount, MN 55068. The Dakota County Parcel ID 34-02900-50-012 does not have a mailing address. 3. Current Phase Being Mined We are currently mining below restoration grade in phase 3 and above restoration grades in phase 3 and Phase 4. 4. Current Status of Reclamation Please see the attached updated Topographic survey dated 10-20-2021. We have successfully hauled in and placed 46,500 CY of fill materials during 2017, 178,750CY in 2018, 214,698 CY in 2019, 151,369 CY in 2020, and 23,370 in 2021 to date. This material is from projects which used in the restoration of the pit. Much of the pit has been backfilled and restored. 5. Amount of Material removed from the site For calendar year to date 2020 we have exported 100,790 CY from the site. 6. Summary of all Backfill brought to the Site during 2018 Analytical testing of soils is attached in electronic format. 7. Compaction Tests We are in the process of completing compaction testing for the 2021 season. Results will be provided when completed. 8. Summary of problems No operating issues to report for 2021. Volume as down due to impacts from COVID. 2021 forecasts are difficult to predict. Development in the City of Minneapolis have slowed but pending infrastructure package may increase the amount of work. Currently too many variables to guess. 9. Forecasting We anticipate utilizing 100,000 – 150,000 CY of sand next year. There is a higher level of uncertainly than normal. As we are in the process of excavating below grade in phase 3 and above grade in 4, we will not exceed our established 50,000 CY maximum required fill below restoration grades. Date Hauled Quantity Units Job Number Project Name Project Location 3-9-2021 to 3-10-2021 1122 CYLV 20-6140 Home 2 Suites University 2800 University Avenue 1-08-2021 to 2-3-2021 16058 CYLV 20-7040 Ford Lot 1 Block 3 2192 Ford Parkway St Paul, MN 7-15-2021 to 10-25-2021 6190 CYLV 21-2670 Dinkytown Redevelopment 416 14th Avenue SE Minneapolis, MN 23,370 8. Reports Bolander will provide the City of Rosemount with annual reports that cover operations taking place at the site for the previous year. These reports shall include: · Current Phase Being Mined. (Phase 3 and 4) · Current Status of Reclamation. (Phase 1 and 2 fully restored – partial 3) · Amount of material being removed from the site. (107,790) · Summary of all backfill brought to the site, including laboratory tests. (attached) · Compaction tests for the placed backfill. (attached) · Summary of any problems and remedies that have been implemented to solve problems identified in previous reports. (complete) · Year ahead forecasting updates. (complete) 9. Other Requested Information · Depth of topsoil is variable, with average of 4-6” typically · All trees proposed for removal were removed 3 years ago. · Depth of water table is lower– we believe 680’-690’ if encountered. The water we tend to encounter is perched water at variable elevations depending if silt is present at depth. mileskm12Attachment D-1 Bolander Aerial Images September 2020 September 2021