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HomeMy WebLinkAbout6.n. Dakota Aggregates Large Scale Mineral Extraction Permit Renewal through 2022 EXECUTIVE SUMMARY City Council Regular Meeting: February 15, 2022 AGENDA ITEM: Dakota Aggregates Large Scale Mineral AGENDA SECTION: Extraction Permit Renewal through 2022 Consent PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.n. ATTACHMENTS: Location Map; Draft 2022 Mineral Extraction Permit; Excerpt from the January 25, 2022, Planning Commission Meeting Minutes; APPROVED BY: LJM Interim Use History Chart; Application Narrative; Overall Phasing Map; 2022 Sub- Phase Map (Mining Area – North and Mining Area – South); 2020 to 2021 Aerial Photos RECOMMENDED ACTION: Motion to renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the attached 2022 Draft Conditions for Mineral Extraction Permit. SUMMARY Dakota Aggregates has applied for the annual renewal of their large-scale mineral extraction permit (LSMEP) on the UMore property owned by the University of Minnesota. An annual operating permit is required for all gravel operations within the City, and the Dakota Aggregates permit was last renewed in January 2021. None of the ancillary uses, including the aggregate processing facilities, concrete product casting yard and concrete and asphalt production are due for renewal until at least December 31, 2023. 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 2022, Dakota Aggregates will decrease the overall active mining area in the north by 15.29 acres, due to the fact that a substantial amount of land has been reclaimed and turned over to the University of Minnesota for agricultural use. 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 proposing to begin actively mining in phase 3 of the north mining area in an effort to speed up completion of mining in areas that may impact future development. Applicant: Dakota Aggregates, LLC, 2025 Center Pointe Boulevard Suite 300, Mendota Heights, MN Property Owner: University of Minnesota (UMore Development, LLC), 1300 South nd 2 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: 134.34 acres total area; 60.35 acres about ¼ mile south of County Road 42 (Dry Mining) and 73.99 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: 10 Phases (4 partial) of 16 Nature of request: Annual renewal. PLANNING COMMISSION ACTION The Planning Commission reviewed this renewal during a public hearing at its meeting on January 25, 2022. The Commission asked about how long the mining would occur on the site. Staff explained that the northern mining is permitted until 2028, while the overall permit has a 40-year term lasting until 2052. The Commission also asked about the noise concerns that have arisen in the past, which staff described the noises that prompted the most complaints were related to the trucks hauling from the north at night, which is no longer occurring at any time. Staff sought clarification about how often Dakota Aggregates permit is reviewed for renewal. The Large-Scale Mineral Extraction Permit is reviewed annually for renewal and if concerns arise, they are able to be addressed through the annual review process. Finally, the Commission asked about the annual open house, and how it is published. The applicant described how they advertise the event and that they would be sure that information makes it to the Commission to they can see the operation in person. th The Planning Commission received one question about impacts to traffic at Biscayne and 150/County Road 42. Because the trucks are all leaving the site at County Road 46, and Biscayne and 42 is an uncontrolled intersection, it wouldn’t make sense for trucks to access 42 using Biscayne Avenue. The Commission voted unanimously to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the attached 2022 Draft Conditions for Mineral Extraction Permit. ISSUE 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. 2 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 in 2020 and is now valid through 2024. There are six years remaining for complete excavation and restoration in the northern mining area, which must be complete by 2028. The applicant has stated in the past that the mining in the north area is proceeding ahead of schedule, with over 70 acres reclaimed and turned back to the University of Minnesota for agricultural use. Since the last renewal, the northern haul road has been decommissioned, and aggregate is no longer being sold and hauled out of the northern mining area. The loading and hauling of materials from this area has been the source of noise complaints due to the sound generated by trucks’ back-up alarms and the slamming of tail gates. While mineral extraction is still occurring in the north mining area, it’s being conveyed to the south for processing. As part of the current renewal application, the applicant is requesting one change to the general terms and conditions of the mining or processing activity, which is the removal of the requirement to monitor noise levels near the neighborhood along the north side of County Road 42. In the past, the collection of sound data has not been effective in identifying noise issues caused to the mining operation due to the fact so much noise is generated by County Road 42. Because trucks are no longer hauling material from the northern mining area, staff is comfortable with the elimination of that requirement. Noise monitoring and complaints are discussed further on in this report. The applicant is not requesting any other changes to the terms of the permit, including the hours of operation approved with previous permits. Mineral extraction operations are permitted for up to 24 hours each day. Loading and hauling had been permitted in the north mining area between the hours of 6:00 AM -10:00 PM Monday through Friday and Saturday 7:00 AM – 7:00 PM, but as stated no longer occurs. Also, as an exception to that requirement, 24-hour loading and hauling from the north was allowed for up to three public projects each year. Dakota Aggregates did not conduct any night hauling from the north during 2021. 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 24 hours/7 including conveyor days a week system (both north and south mines) 2014-2021* Loading and Hauling M-F 6-10 24-hour operation allowed for (north mining area) Sat. 7-7 no more than 3 public projects (MnDOT) per year 2015-2024 Aggregate Processing 24 hours/7 (located in south days a week ancillary use area) 2015-2024 Loading and Hauling 24 hours/7 Limited to TH46 (southern processing days a week area and south mine) * Loading and Hauling in the north mining area ceased in 2021. The proposed permit is similar to the permit approved last year. The applicant is proposing to expand into Phase 3 of the northern mining area, which will allow the applicant to focus on completing the extraction in the northeast corner of that mining area which is closest to the Amber Fields development. Once completed, this will provide some separation between areas of active mining and potential new development. That applicant will continue to draw down the sand stock pile in sub-phase 1A which currently contains 64,000 tons of sand. Stockpiles within sub-phases 2C and 2D have been removed, and the active mining area has been expanded to include the entirety of those phases. In the southern mining area, the applicant is not proposing to expand into any new phases in 2022 and will instead continue to mine in the previously approved areas and mining below the ground water elevation within these areas. Starting in 2020, Dakota Aggregates brought in a dredging barge and related equipment 3 (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. 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 2021, the applicant is reporting that nearly 22 acres have been reclaimed as open water in the southern mining area. Staff has reviewed the operating permit conditions for 2021 and is recommending minor amendments in order to update this document for 2022 based on the applicant’s recent submission as well as the removal of the requirement that the applicant conduct sound monitoring during night time hauling of materials from the north mining area. 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 it 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 2021, Dakota Aggregates reported the following (all quantities in tons):  Aggregate materials sold from the north dry mining area: 0 (down from 290,000 in 2020))  Aggregate stockpiles on site in the north dry mining area: 64,000 (down 100,000 from 2020)  Aggregate material sold: 1,540,125 (increased from 1,390,962 in 2020)  Total amount of stockpiles in aggregate processing facility: 755,500 (up from 578,500 in 2020)  Recycled aggregate material sold: 130,000 (down from 170,000 from 2020)  Recycled aggregate stockpile: 78,900 (up slightly from 78,000 tons in 2020) The numbers reported by the applicant show a modest increase in the amount of overall aggregate material sold from the previous year, which had been hampered by the slowdown of economic activity related to the pandemic. The mineral extraction operation also saw an overall uptick in the overall amount of material stockpiled, although the sand stockpile in the northern mining area saw a 36% reduction. The north mining area had the most dramatic change with the elimination of aggregate sold directly from the northern mining area. The annual report narrative includes a section concerning the planned progression of mining into future phases of the northern mining area. The applicant acknowledges that there will be future development occurring on land within the UMore park area, and the planned progression in the north mining area has been designed to take this into account. Additionally, reclamation activities have been focused on the northernmost mining areas to move the areas of active mining further from the existing residential homes at an accelerated rate. The 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 far northern portion of the site prior to any development occurring in the southwestern corner of the Amber Fields overall development area. 4 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 has continued to expand as the applicant completes dry mining and then proceeds to mine below the water elevation. Consistent with Condition LL 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. An additional boring was completed to establish the depth to bedrock on the eastern portion of the proposed lake. This satisfies the condition for the current mining area. There will be another soil boring taken before further expansion of the wet mining to the west. The applicant anticipates the next depth-to-bedrock boring will be drilled in the next two or more years, depending on the rate at which mining progresses. Finally, the mining permit has in the past allowed 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 2021, Dakota Aggregates did not conduct any overnight hauling because the haul road is no longer being used and any material extracted in the northern area is conveyed via a conveyor belt to the southern portion of the site for processing. The condition referencing this night hauling has been removed from the permit. NOISE MONITORING AND DISCUSSION Noise generated by the facility has been 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 2021; 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 for the 2020 renewal 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 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 due to the fact the haul road has been decommissioned and no aggregate is being sold from the north mining area. Staff is supportive of this request and is recommending the removal of the requirement that the applicant conduct sound testing in the neighborhood north of the mining area. 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. Since the beginning of 2016, the City has been stressing 5 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. In 2021, staff received no complaints via email or telephone during the permit period, and the police th department received 10 complaints from the same address in the vicinity of 150 Street/County Road 42 and Biscayne Avenue. Notes from responding officers indicate either no observable sound, or when sounds from the mine were observed they were not as loud as noise generated by traffic on County Road 42. The complaints are unrelated to the hauling of aggregate from the northern mining area, which is what prompted the requirement that sound monitoring be conducted by the applicant. 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 it 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 so it can 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 nine 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 elimination of this road (and the lack of complaints coming from residents in the neighborhood immediately north of County Road 42), staff believes much of the concerns related to noise have been resolved. With the removal of the northern haul road, all material is leaving the site via the station trail access on County Road 46. It should be noted that the County is planning upgrades to that stretch of 46 which, while no issues have been reported with this change in traffic patterns, it will help address any future issues that may arise.  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 2022 operating permit, and no modifications are needed to the mining activities plan for next year because it would continue to take place in the 6 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, but the plan provided by the applicant for 2022 indicates expansion eastward into a larger portion of the previously authorized phase 1.  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 2020. 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 2021 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 2021.  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 The Planning Commission and staff recommend that the City Council approve the renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit for 2022. 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. 7 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. 2022 Large Scale Mineral Extraction Annual Operating Permit Agreement for North Dry Mining Sub-phases 2B, 2C, 3A, 3B, 4A, 4B, 5B, 6B, 7B and 8A; and Dry/Wet Mining Sub-phases 1AA, 1BB, 2AA, 2BB, 3AA 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, 2022 until December 31, 2022 unless revoked prior to that for failure to comply with the permit requirements. C. Mining in Wet/Dry Mining Sub-phases 1A, 1B, 2A, 2B, 3A and 10A may occur 24 hours a day, 7 days a week. D. Mining, screening, and reclamation in North Dry Mining Sub-phases 2B, 2C, 3A, 3B, 4A, 4B, 5A, 5B, 6B, 7B, and 8A may occur 24 hours a day, 7 days a week. E. 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. F. The North Dry Mining Sub-phases 2B, 2C, 3A, 3B, 4A, 4B, 5A, 5B, 6B, 7B, and 8A shall not be mined below the 882 foot elevation. G. 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. H. 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. I. Trucks may not be loaded heavier that the public haul roads posted weight restrictions. J. 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. K. 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. 2022 Annual Operating Permit Dakota Aggregates, LLC 2 of 6 L. Conformance with the City Engineer’s Memorandum dated September 20, 2012. M. 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. N. 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. O. 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. P. 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. Q. 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. R. 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 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 2022 Annual Operating Permit Dakota Aggregates, LLC 3 of 6 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, 2022 until July 31, 2023. 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. S. 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. T. 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, 2022 until July 31, 2023. U. 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. V. 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. 2022 Annual Operating Permit Dakota Aggregates, LLC 4 of 6 W. 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. X. No mining activity will occur within fifteen (15) vertical feet of bedrock. Y. Dakota Aggregates shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. Z. 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. AA. 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. BB. 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. CC. 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. DD. 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 proposed in the submitted LSME application to the City. EE. 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. FF. 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 2022 Annual Operating Permit Dakota Aggregates, LLC 5 of 6 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. GG. 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. HH. Dakota Aggregates shall maintain the berm located on the north side of the haul road.to a height of at least 30 feet. II. American Engineering Testing, Inc. (AET) shall submit the 2021 Annual Monitoring Report, including all groundwater testing, and submit the report to the City by January 31, 2022. 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. JJ. 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. KK. The city of Rosemount shall have the ability to collect independent soil and water samples. LL. 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 bedrock. Mining can occur within 2 feet of the groundwater prior to testing occurring. MM. 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 2022 Annual Operating Permit Dakota Aggregates, LLC 6 of 6 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 5.b. Request by Dakota Aggregates to approve renewal of their Large Scale Mineral Extraction Permit for 2022. (21-68-ME) Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. Commissioner Rivera inquired about when the northern dry mining will be complete. Nemcek stated that the mining has to be done by 2028. The applicant anticipates the mining to wrap up before 2028. Vice -Chair Reed questioned why there are no noise complaints, even as the mining has started to move closer to residents. Nemcek stated that there is no hauling or tailgates from the trucks. The mine is also located behind a berm. Commissioner Hebert inquired if there is any concern with the development to the east of the mine. Nemcek stated that the start of the development will start in the northern corner of the site. There will be space between the development and the mines. Potential buyers of these properties will be notified about the active mine. Vice -Chair Reed questioned if the night time hauling condition should be removed from the permit. Nemcek stated that is correct. That condition should be removed from the condition list. The public hearing opened at 6:53 pm. Public Comments: Pat Mason, 2500 West County Road 42, Burnsville, Dakota Aggregates, stated that the is available for any questions. No more truck hauling is happening. They have met with the property owner that purchased the land to the east of the mine. Vice -Chair Reed inquired about how long the mining will continue at this site. Mr. Mason stated that would be hard to say. The north mine is ahead of schedule, and it really depends on how much rock we find. Hoping to wrap up within the 40-year time line. Ruth Simons, Bloomfield Path, questioned how traffic will be affected at the intersection of Biscayne Ave and County Road 42. MOTION by Reed to close the public hearing. Second by Hebert. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 6:59 pm. Additional Comments: Senior Planner Nemcek stated that all of the current traffic is going south to County Road 46. Traffic is not expected to go up at the intersection of Biscayne Ave and County Road 42. Vice -Chair Reed stated that he is glad to see that the noise has not been an issue for residents. MOTION by Schmisek to recommend that the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2022, subject to the terms and conditions in the attached Draft 2022 Conditions for Mineral Extraction Permit. Second by Hebert. Ayes: 6. Nays: 0. Motion Passes. Dakota Aggregates Large Scale Mineral Extraction Permit Interim Use Permit History: Updated 1/17/2022 (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 LSMEP Renewal* (2/15/21)* 1 Annual Permit for 2022 * Permit currently under review AUTUMN CTBANYANTH ST W (CSAH 42)BISCAYNE AVEBISCAYNE AVEBITTER -SWEETCTBI T T E R -S W E E T CI RBLOOOMFIELDWAY AUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL BLOOMFIEL D CIR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDBELFAST ST W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AV E 160TH ST W (CSAH 46) B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYBAYBERRY BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUMNWOOD WAYCT A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W CIRCTWAYB E L L E C T 142ND CT WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOISECIR ST W BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160TH ST W (CSAH 46) 145TH ST W AURORA AVE L 147THCT ABBEYFIELDAVEABB E Y F I E L D CT AILESBURYCT141STST E ADAIR AVE 149TH ST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERC O R N AVE AILESBURY AVE ALDBOROUGHAVEALM A C I R 1370'680'2 134 10 9 5 1187 3456 2 1AUTUMN CTBANYANTH ST W (CSAH 42)BISCAYNE AVEBISCAYNE AVEBITTER -SWEETCTBI T T E R -S W E E T CI RBLOOOMFIELDWAY AUGU S TAWAY STATION TRLBRAZIL AVEAUBURNAVEBLOOOMFIELDPL BLOOMFIEL D CIR 148TH ST W BELMONT TRLBLANCA AVE154TH ST W BOULDER TRL BLOOMFIELDBELFAST ST W 140TH ST W BOXWOOD PATHBIRCHBUNRATTY AVEBEECH ST WBRIANBORU AVEAUTUMNWOODC T A ZA LE A B AY B E R RY T R L AV E 160TH ST W (CSAH 46) B E L F A S T BELMONT AUT U MNWOODAVANTI BUSINESSPKWYBAYBERRY BOYSENBERRY CT BLACKBERRY 150151ST CT W ATWOODCIRPATHBLOOMF I E L DBUNDORAN AVEB LUEB ER R YC TC TB I S C A Y NEWAYBROUGHSHANEAVEBAYBERRYAUTUMNWOOD WAYCT A UDOBA NWAYTRL BRENNER CT BOSTONCIR ATWOODCT142NDST W CIRCTWAYB E L L E C T 142ND CT WBREMEN AVEWAYBLARNEYCT BLANCABLOO M F IELD PATH ATWATER WAY CTBIRCHWOODAVECTAVALONPATHLN B E NTLEYBOISECIR ST W BELMONT TR 140T H ST W AUBURNAVE AZALEA P A TH140TH ST W AVE160TH ST W (CSAH 46) 145TH ST W AURORA AVE L 147THCT ABBEYFIELDAVEABB E Y F I E L D CT AILESBURYCT141STST E ADAIR AVE 149TH ST W ALBANYAVEALLINGHAMAVEALMAAVEADELAIDEAVEABERC O R N AVE AILESBURY AVE ALDBOROUGHAVEALM A C I R 1370'680'2 134 10 9 5 1187 3456 2 1 Path: T:\GIS\City\Maps\Departmental Maps\CommunityDevelopment\Mining\Mining Phases.mxdMining PhasesBUFFER# Phase DRY WET o North Mine Area September, 2020 North Mine Area September, 2021 South Mine Area September, 2020 South Mine Area September, 2021