HomeMy WebLinkAbout6.m. Renewal of the Max Steininger, Inc. Small Scale Mineral Extraction Permit for 2022
EXECUTIVE SUMMARY
City Council Regular Meeting: February 15, 2022
AGENDA SECTION:
AGENDA ITEM: Renewal of the Max Steininger, Inc. Small
Consent
Scale Mineral Extraction Permit for 2022
PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.m.
ATTACHMENTS: Site Location, Draft 2022 Mining Permit,
Excerpt from the January 25, 2022 Planning
Commission Meeting Minutes, Project
APPROVED BY: LJM
Narrative, Location Map, Haul Route, Current
Conditions, Mine Plan, Reclamation Plan,
Site and Aerial Photographs
RECOMMENDED ACTION: Motion to approve renewal of the Max Steininger, Inc. Small
Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the
attached Draft 2022 Conditions for Mineral Extraction.
SUMMARY
Applicant and property owner: Max Steininger, Inc., 3080 Lexington Avenue South, Eagan, MN
Location: Approximately one mile east of US Highway 52 along CSAH 42;
adjacent to 4322 145th Street East
Area in acres: 78.91 Acres (overall site); 37.8 (mining area); 5 acres (active mining)
Mining Area: 2.2 acres to be mined in 2022.
Comp. Guide Plan Designation: LDR– Low Density Residential,
MDR – Medium Density Residential and
HDR – High Density Residential
Current Zoning: AG – Agricultural
The Planning Commission is being asked to consider a request from Max Steininger, Inc. to renew the
existing Small-Scale Mineral Extraction Permit for its operation located along County Highway 42 and east
of State Highway 52 in the southeastern portion of Rosemount. Small Scale Mineral Extraction is
permitted in the City as an Interim Use Permit (IUP) within specified areas, and the permit for such uses
expires after one year. The applicant applied for the initial mining permit IUP in the summer of 2018 and
was granted a renewal of the permit that extended it through 2021. The current request would extend the
mining permit for one additional year through the end of 2022.
PLANNING COMMISSION ACTION
The Planning Commission reviewed the Interim Use Permit renewal request at their meeting on January
25, 2022. 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 Max Steininger, Inc. Small Scale Mineral Extraction Permit for 2022, subject
to the conditions in the attached 2022 conditions for Mineral Extraction.
BACKGROUND
The applicant, Max Steininger, Inc. (affiliated with the property owner County Road 42 Properties), owns a
construction and excavation business in Eagan and received approval from the City in 2018 to start a new
mining operation next to the Danner Inc. mine along Highway 42. Over the last three and a half years, the
applicant has commenced mining activities in the northern-most portions of their Phase 1 mining area,
constructed an access road for the mine, and installed a berm along the access road using topsoil from the
active mining area. Because the mineral extraction use is closely tied to the applicant’s primary business,
there will be limited sales of materials to outside projects from the mine. The applicant has provided a
detailed application packet for the mining renewal and has hired Sunde Engineering to help prepare plans
for the site and to provide information as required under the City’s mineral extraction ordinance.
Since it started mining operations on the property in the summer of 2018, the applicant indicates that it
has removed approximately 108,000 tons of material from the site, all of which were mined from the
extreme northern portion of the Phase 1 mining area. Overall, roughly 5 of the 15 acres in Phase 1 have
been stripped and either have been mined or will be mined in 2022. The updated topographic survey for
the operation shows that current elevation of the mining floor is at 840 feet, which is the maximum depth
allowed under the mining permit. In addition to the mining, the applicant finished construction of the
berm planned along the entrance road in early 2020. The berm was moved further to the east along the
acres road to provide a more direct and effective screen between the mining road and nearby residential
structures. It was also completed to its planned height of 15 feet with an appropriate cover material to
prevent erosion, dust and soil loss.
For 2022, the applicant intends to extract 35,000 tons of material, which will include mining roughly 2.2
acres of the land already stripped to the south of the active mining wall. As noted by the applicant, material
is excavated and processed on site. Processing consists of crushing and screening with portable processing
equipment set up upon the floor of the mine recessed from the surrounding grade to reduce noise and
dust emissions. Material is stockpiled on the floor of the mine. The applicant also intends to perform
recycling of concrete and asphalt material on the property, which will be crushed and blended with on-site
materials to produce recycled aggregate blends. The recycling operations will likely not occur in 2022 and
will commence once there is a sufficiently large enough mine floor area in which to work. The applicant
will need to obtain approval by the Dakota County Environmental Management Department prior to the
recycling operations. No haul back material was brought to the site in 2021, and no topsoil has been
removed from the property (most of the stripped soil has been used to construct the berm).
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is Quasi-Judicial actions. As such, the
City has a set of standards and requirements for review. Generally, if the applications meet the ordinance
requirements they must be approved. The standards and requirements for this mineral extraction are
detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral Extraction permit.
The subject property is zoned AG – Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use within
the Agriculture district. The table below details the current land use, zoning, and future land use
information for the surrounding properties. These properties are all currently zoned Agricultural and are
located within the 2030 Metropolitan Urban Service Area (MUSA). The 2040 Future Land Use Map
anticipates a mixture of low, medium, and high density residential on the applicant’s parcel. Future
reclamation of the site will need to be performed before an impacted area may be developed for housing in
accordance with the City’s future land use plan.
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Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
Agricultural BP – Business Park
North Agriculture
South Agriculture Agricultural LDR – Low Density Residential
Agricultural LDR, MDR, and HDR – Low, Medium, and High
East Agriculture/Mining
Density Residential
CC- Community Commercial
West Agriculture Agricultural LDR, MDR and HDR – Low, Medium, and High
Density Residential
Access to the Steiniger mine comes from County Road 42 via a gravel road along the eastern edge of the
property. The applicant has secured the necessary access permits from Dakota County for the access road,
and will need to continue to abide by the terms and conditions of this permit throughout the life of the
mine. The permit application notes that haul routes within the City will continue to be County Road 42 to
State Highway 52.
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.
RECOMMENDATION
Planning Commission and Staff recommends renewal of the Small Scale Mineral Extraction Permit for
Max Steininger, Inc. 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.
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Max Steininger, Inc Mine Location
Site
1
Mineral Extraction Permit
2022 Conditions for Small Scale Mineral Extraction Permit
MAX STEININGER, INC.
A Max Steinnger Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
B The property Owner shall comply with all terms of this permit as well as the standards for mineral
extraction listed in Section 11-10-04 of the City Code.
C This permit is granted for the area designated as Phase 1 (approximately 15 acres) on Exhibit A, Mineral
Extraction Permit Mine Plan, which is attached hereto as an exhibit. Regrading and reclamation shall
occur in the area designated Phase 1 on Exhibit A in accordance with the requirement of Section 11-10-4.4
of the City Code. Reclamation is not expected to occur in the 2022 calendar year,
D The term of the permit shall extend from the date approved by the City Council until December 31, 2022
unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit
fee shall be paid to the City of Rosemount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan,
attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed
by the City from time to time.
G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements
necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress
shall be subject to approval by the City, as well as the County Highway Department if any changes occur
relative to the mining process.
H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or
contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner’s expense without prior notification.
I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or
otherwise affect the natural drainage of adjacent property.
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J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
K Any costs incurred now or in the future in changing the location of existing public or private utilities
including but not limited to pipelines, transmission structures and sewer infrastructure located within the
permit area shall be the sole obligation and expense of the Property Owner.
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal
fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for
the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to
reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday, subject, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the
City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to
assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of
Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and
requirements of the permit; all rules, regulations and requirements pursuant to the permit and as
required by the City and all reasonable requirements of the City Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims, or for which the City, the Council or any City officer may be made liable by reason of any
accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from December 31, 2021 to July 31, 2023.
Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is
adequately protected.
O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury
liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars
and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100
($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an
additional insured and shall remain in effect from December 31, 2021 to July 31, 2023.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction
debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, or hazardous materials within the pit as fill shall be strictly prohibited. The placement of
asphalt in any form shall also be prohibited unless specifically approved by the City as part of the aggregate
and concrete recycling activities.
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Q. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County
Environmental Management Department as incidental to a sand and gravel mining operation. Any such
activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any
ponding areas, wash plants or other processing or equipment brought to the site shall require additional
site and grading plan information subject to review and approval of the City Engineer.
R. The Property Owner shall hold the City harmless from all claims or causes of action that may result from
the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or
expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such
claims.
S. The Property Owner shall comply with such other requirements of the City Council as it shall from time to
time deem proper and necessary for the protection of the citizens and general welfare of the community.
T. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
U. The Property Owner shall incorporate best management practices for controlling erosion and storm water
runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental
Protection Agency.
V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding
and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials. No stockpiles shall exceed elevation of the grades adjacent to the mine (the
height of the pit wall).
X. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the
authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the
terms of this Permit.
Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. There shall be no “haul-back” of materials from any other property or job site that would be imported to
the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs
Q and W; topsoil imported for the purpose of re-establishing turf as accepted by the City; and earthen fill
materials from projects that further meets the requirements of testing in documents by American
Engineering Testing, Inc. (or other City approved geotechnical testing firm), and which is used to replace
sand and gravel mined below approved finish grades.
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AA. Max Steininger., Inc. shall submit semi-annually to the City documentation of the American Engineering
Testing, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing
with documentation verifying the source and quantity of any “haul-back” material. These reports shall be
provided by May 15th and November 15th of each year.
BB. Max Stieninger., Inc. shall submit an incidence report to the City within three days of any testing that fails
for contamination or hazardous materials, or will not produce a normal moisture-density relationship for
compaction.
CC. Max Steininger., Inc. shall compact the entire reclamation site to a minimum compaction of 95% of
maximum dry density.
DD. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the
elevation shown on Exhibit A with haul-back, clean-fill material. In no instance shall mining occur in the
groundwater aquifer.
EE. Blasting or the use of explosives is prohibited.
FF. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating
boxes, using of “jake” or engine brakes (except in emergency situations) or other such activities that result
in excessive noise.
GG. The City of Rosemount shall have the ability to collect independent soil and water samples.
HH. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in
Minnesota State Statute 609.605.
Max Steininger, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of
__________________, 2022.
MAX STEININGER, INC.
By:__________________________________
Its: _________________________
STATE OF MINNESOTA )
) §
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______day of _________________, 2022, by
__________________________________, on behalf of Max Stieninger, Inc., Property Owner.
______________________________________
Notary Public
EXCERT FROM THE JANUARY 25, 2022 PLANNING COMMISSION MEETING
MINUTES
5.a. Renewal of the Max Steininger, Inc. Small Scale Mineral Extraction Permit for 2022. (21-69-ME)
Planner Hogan gave a presentation and summary of the staff report for the Planning Commission.
The public hearing opened at 6:36 pm.
Public Comments:
Max Steininger, 3070 Lexington Ave South, Eagan, stated that he is attending the meeting in place of his
son, who couldn’t make it to the Planning Commission meeting.
MOTION by Reed to close the public hearing.
Second by Schmisek.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 6:37 pm.
Additional Comments:
Vice-Chair Reed stated that the proposed application is a renewal.
MOTION by Marlow to Recommend City Council approve the renewal of the Max Steininger, Inc. Small
Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the attached Draft 2022
Conditions for Mineral Extraction.
Second by Rivera.
Ayes: 6. Nays: 0. Motion Passes.
Max Steininger, Inc. Aerial Images
September
2021
September
2020
Max Steininger, Inc. Aerial Images
April 2021 April 2020