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EXECUTIVE SUMMARY
Planning Commission Regular Meeting: December 19, 2022
Tentative City Council Meeting: January 17, 2023
AGENDA ITEM: 22-94-ME Dakota Aggregates Large
Scale Mineral Extraction Permit Renewal
through 2023
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.b.
ATTACHMENTS: Location Map; Draft 2023 Mineral Extraction
Permit; Interim Use History Chart; Application
Narrative; Overall Phasing Map; 2023 Sub-
Phase Map (Mining Area – North and Mining
Area – South); 2021 to 2022 Aerial Photos;
Site Photos
APPROVED BY: AK
RECOMMENDED ACTION:
Motion to recommend the City Council renew the Dakota Aggregates Large Scale Mineral
Extraction Permit for 2023, subject to the terms and conditions in the attached 2023 Draft
Conditions for Mineral Extraction Permit
ISSUE
Dakota Aggregates has applied for the annual renewal of their large-scale mineral extraction permit
(LSMEP) on the UMore property 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 2022. 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 2023,
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.
SUMMARY
Applicant: Dakota Aggregates, LLC, 2025 Center Pointe Boulevard Suite 300,
Mendota Heights, MN
Property Owner: University of Minnesota (UMore Development, LLC), 1300 South
2nd Street Suite 208, Minneapolis, MN
Location: Northwest corner of County Road 46 and Station Trail; and ¼ mile
south of County Road 42 (active mining areas)
Mining area in acres: 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).
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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.
Legal Authority
The large-scale mineral extraction renewal approval is a quasi-judicial action, meaning that if the application meets the City Code, the large-scale mineral extraction permit conditions and interim use
permit regulations, then the large-scale mineral extraction renewal must be approved. Staff supports approval of the large-scale mineral extraction renewal and finds that it is substantially in conformance with the approved large-scale mineral extraction permit and the interim use permit regulations with
recommended conditions. The detailed analysis of this finding is provided below.
In accordance with the Zoning Ordinance, the purpose of the annual operating permit “is to provide an opportunity for the city council to review the operation of the mine, gather public comment on the operation, modify any permit conditions as necessary to address adverse impacts that arise from the
operation, and revise the phases and/or subphases of the mine. The large-scale mineral extraction interim use permit provides a zoning basis for the mine provided the city issues an annual operating permit”.
Background The City of Rosemount approved a Large-Scale Mineral Extraction Permit for Dakota Aggregates in late
2012. This action established the overall zoning permit for the mining and extraction activities that were planned for the property. Since the initial site approval, the applicant (or other parties working with the applicant) has brought forward requests for the various interim uses allowed under the ordinance and
mining permit. The applicant has also received approval for the annual renewal of the mineral extraction use in subsequent years. In order to clarify the approvals that have been granted for the site, staff has prepared the attached Interim Use Permit summary chart that highlights the annuals reviews completed
for the operation.
The current request is specific to the annual renewal of the large-scale mineral extraction permit. The other auxiliary uses identified in the above chart have been approved or renewed by the City and are operating within their approved time frames and in compliance with approval conditions. Please note that the
Interim Use Permit (IUP) for the aggregate processing facility was extended 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 approximately 89 acres reclaimed and turned back to the University of Minnesota for agricultural use. This area has increased by 19 acres since the last renewal.
The northern haul road was decommissioned in 2021, 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.
The applicant is not requesting any 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. 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.
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Year Activity Hours Notes
2014-2021 Wet/Dry Mining including conveyor system (both north and south mines)
24 hours/7 days a week
2014-2021* Loading and Hauling (north mining area) M-F 6-10 Sat. 7-7 24 hour operation allowed for no more than 3 public projects (MnDOT) per year
2015-2024 Aggregate Processing (located in south
ancillary use area)
24 hours/7 days a week
2015-2024 Loading and Hauling
(southern processing area and south mine)
24 hours/7
days a week
Limited to TH46
* Loading and Hauling in the north mining area ceased in 2021.
The Applicant has requested a dialogue with staff over potentially reducing the frequency of the renewals
due to the fact that significant resources must be allocated to develop the submittal materials required for a
Large Scale Mineral Extraction Permit renewal. Generally, staff is supportive of the idea of moving to a
truncated annual renewal with a full submittal required on a biannual or triannual basis. Any change would
require a text amendment, which would be reviewed by the Planning Commission and approved by the
City Council. At this time, no such change is being formally requested.
The proposed permit is similar to the permit approved last year. The applicant received approval last year 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.
In the southern mining area, the applicant is not proposing to expand into any new phases in 2023 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 (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 2022, the applicant is reporting that over 26 acres have been reclaimed as open water in the southern mining area, an increase of over 4 acres from last year.
Staff has reviewed the operating permit conditions for 2022 and is recommending minor amendments in order to update this document for 2023 based on the applicant’s recent submission. Please note that the
24-hour allowance for the aggregate processing activity was approved by the City as part of a five-year interim use permit that is set to expire/be renewed in 2024, and 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
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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 2022, Dakota Aggregates reported the following (all
quantities in tons):
• Aggregate materials sold from the north dry mining area: 0 (no change)
• Aggregate stockpiles on site in the north dry mining area: 64,000 (no change)
• Aggregate material sold: 1,700,118 (increased from 1,540,125 in 2021)
• Total amount of stockpiles in aggregate processing facility: 727,237 (down from 755,500 in 2021)
• Recycled aggregate material sold: 119,556 (down from 130,000 from 2021)
• Recycled aggregate stockpile: 70,126 (up from 78,900 tons in 2021)
The numbers reported by the applicant show a modest increase in the amount of overall aggregate material
sold from the previous year. The mineral extraction operation also saw an overall reduction in the total
amount of material stockpiled. The change in the amount of material sold from the north mining area is
not correlated to the amount of mining taking place as materials are conveyed to the southern processing
area, and it is from there that the material is sold.
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
goal of Dakota Aggregates is to complete its excavation actives in the far northern portion as quickly as
possible to minimize any impacts on any development occurring in the southwestern corner of the Amber
Fields overall development area.
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 confirm that there will be a minimum of 15 feet between the lowest mining
elevation and bedrock. Additional borings were completed to establish the depth to bedrock on the
eastern portion of the proposed lake as well as further west where mining will expand in the future. This
satisfies the condition for the current mining area.
COMMUNITY IMPACTS
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
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 2022, staff received no complaints via email or telephone during the permit period, and the police
department received 2 complaints from the same address just south of 145th Street West between Biscayne
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Avenue and the intersection of 145th and County Road 42. Notes from the report indicate the responding
officer at each occasion sat in the area to observe noise and found that traffic on County Road 42 was
louder than any observable sound coming from the mining operation.
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 ten 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 reviews, 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 finds that 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 2023 operating permit, and no modifications are
needed to the mining activities plan for next year because it would continue to take place in the
phase 1 and 2 areas already authorized under the permit. The applicant will continue expanding
and pushing the water surface farther west and north as it reaches the permitted mining depth in
this area.
• 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
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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 2022 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 2022.
• As part of its continued reclamation work, the applicant will need to demonstrate that it is in
compliance with conditions X and Z of the operating permit concerning minimum reclaimed top
soil depth and minimum compaction levels for all fill.
• There was no “haul-back” material brought to the site other than recycled products allowed within
the processing area.
RECOMMENDATION
Staff recommends that the Planning Commission recommend to the City Council approval of the renewal
of the Dakota Aggregates Large Scale Mineral Extraction Permit for 2023. 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.
2023 Large Scale Mineral Extraction Annual Operating Permit
Agreement for North Dry Mining Sub-phases 1A, 2B, 2C, 2D, 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, 2023 until December 31, 2023
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, 3B and 10A may occur
24 hours a day, 7 days a week.
D. Mining, screening, and reclamation in North Dry Mining Sub-phases 1A, 1B, 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.
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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,
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conditions and requirements of the permit; all rules, regulations and
requirements pursuant to the permit and as required by the City and all
reasonable requirements of the City Administrator (or the Administrator’s
designee) or any other City officials.
4. Conditioned that Dakota Aggregates will secure the City and its officers
harmless against any and all claims, for which the City, the Council or any City
officer may be made liable by reason of any accident or injury to persons or
property through the fault of Dakota Aggregates.
5. The surety bond or cash escrow shall remain in effect from January 1, 2023
until July 31, 2024.
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, 2023 until July 31,
2024.
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.
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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.
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Dakota Aggregates will be responsible for all requirements of this permit and all
City ordinances on the licensed premises for the permit period unless Dakota
Aggregates gives sixty (60) days prior written notice to the City of termination and
surrenders permit to the City. Dakota Aggregates shall identify all Operators prior to
their commencement of mineral extraction-related activities in the pit area. The City
shall have the authority to cause all mineral extraction activities to cease at any time
there is an apparent breach of the terms of this Permit.
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 2022 Annual Monitoring
Report, including all groundwater testing, and submit the report to the City by
January 31, 2023. 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:________________________________
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Tim Becken, Its Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20____, by Tim Becken, Chief Manager of Dakota Aggregates, LLC, the Operator, on behalf of the Corporation. ________________________________________ Notary Public
Dakota Aggregates Large Scale Mineral Extraction Permit
Interim Use Permit History: Updated 12/16/2022
(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
LSMEP Renewal* (1/17/22)* 1 Annual Permit for 2023
* Permit currently under review
1
UMore Park Large Scale Non Metallic Mineral Extraction
2023 Annual Operating Permit Application
Dry Mining Phases (North) 1A/2BCD/3AB/4AB/5B/6B/7B/8A
&
Active Wet/Dry Phases (South) 1AA-3BB (Wet) & 10A (Dry)
UMore Park
City of Rosemount
November 17th, 2022
1. Land Owner:
Regents of the University of Minnesota
c/o Real Estate Office
451 Donhowe Building
319 - 15th Avenue SE
Minneapolis, MN 55455
2. Applicant/Operator:
Dakota Aggregates, LLC
2025 Centre Pointe Boulevard, Suite 300
Mendota Heights, MN 55120
(651) 688-9292
3. Legal Description of the Land upon which Excavation is active:
That part South Half of Section 28, Township 115, Range 19, Dakota County, Minnesota, lying
westerly of the following described line;
Commencing at the northeast corner of the Southeast Quarter of said Section 28; thence South 89
degrees 48 minutes 43 seconds West, assumed bearing along the north line of said Southeast
Quarter, a distance of 1058.90 feet to the point of beginning of the line to be described; thence
South 18 degrees 23 minutes 48 seconds West a distance 1211.64 feet; thence South 07 degrees 11
minutes 26 seconds East a distance of 1472.46 feet; thence South 75 degrees 07 minutes 52 seconds
East a distance of 126.03 feet to the south line of said Southeast Quarter and there terminating.
EXCEPT the plat of UNIVERSITY ADDITION, said Dakota County.
AND
Section 33, Township 115, Range 19, Dakota County, Minnesota; EXCEPT the East 133.00 feet of
the North 549.43 feet of the Southeast Quarter of said Section 33; EXCEPT the East 133.00 feet of
the South 930.25 feet of the Northeast Quarter of said Section 33; also, EXCEPT that part of said
Northeast Quarter described as follows:
Beginning at the northeast corner of said Northeast Quarter; thence South 00 degrees 11 minutes 58
seconds West, assumed bearing along the East line of said Northwest Quarter, a distance of 800.63
feet; thence North 81 degrees 23 minutes 25 seconds West a distance of 40.76 feet; thence North 38
degrees 17 minutes 54 seconds West a distance of 819.06 feet; thence North 75 degrees 07 minutes
52 seconds West a distance of 580.25 feet to the north line of said Northwest Quarter; thence North
89 degrees 51 seconds 14 seconds East, along said north line, a distance of 1111.53 feet to the point
of beginning.
2
AND
That part of the Northwest Quarter of Section 34, Township 115, Range 19, Dakota County,
Minnesota, described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 00 degrees 11
minutes 58 seconds West, assumed bearing along the west line of said Northwest Quarter, a
distance of 800.63 feet to the point of beginning of the land to be described; thence continuing
South 00 degrees 11 minutes 58 seconds West, along said west line, a distance of 912.75 feet;
thence North 89 degrees 51 minutes 14 seconds East a distance of 647.18 feet; thence North 00
degrees 11 minutes 58 seconds East a distance of 813.16 feet; thence North 81 degrees 23 minutes
25 seconds West a distance of 654.21 feet to the point of beginning.
AND
That part of the Southwest Quarter of Section 34, Township 115, Range 19, Dakota County,
Minnesota, lying southerly of the following described line:
Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees 11
minutes 58 seconds West, assumed bearing along the west line of said Southwest Quarter, a
distance of 549.45 feet to the point of beginning of the line to be described; thence South 89
degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said Southwest
Quarter and there terminating
And lying westerly, northwesterly, and northerly of the following described line:
Commencing at the southwest corner of said Southwest Quarter; thence South 89 degrees 42
minutes 10 seconds East, along the south line of said Southwest Quarter, a distance of 2192.17 feet
to the point of beginning of the line to be described; thence North 04 degrees 21 seconds 18
seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes 32 seconds West a
distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds West a distance of 266.72
feet; thence northeasterly 194.60 feet, along tangential curve, concave to the southeast, having a
central angle of 96 degrees 57 minutes 13 seconds and a radius of 115.00 feet; thence South 85
degrees 00 minutes 56 seconds East, tangent to last described curve, a distance of 157.25 feet;
thence easterly 99.70 feet, along a tangential curve, concave to the north, having a central angle of
09 degrees 25 minutes 45 seconds and a radius of 605.84 feet; thence northeasterly 100.73 feet,
along a reverse curve, concave to the northwest, having a central angle of 56 degrees 01 minutes 50
seconds and a radius of 103.00 feet to the west line of said Southwest Quarter and said line there
terminating.
3
Dry Mining Phases (North) 1A/2BCD/3AB/4AB/5B/6B/7B/8A Annual Review Update
Activities related to North Dry Mining will continue to include relocation of surface soils, mixing
and screening, stockpiling, loading, hauling, and conveying of aggregate material to the Ancillary
Use Facility (AUF).
The reclamation area consists of 10.28 acres as depicted on Map 1.00 of the Dry Mining Phases
entitled Actual Mining Area. All rock from the North Dry Mining operation is conveyed south to
the processing facility for material production.
The North processing equipment continues to be located approximately 50 feet below grade in the
North pit floor and is located behind the the 30 foot +/- berm that was constructed in 2016 and
2017.
For 2023, active mining will occur on 55.52 acres. The following chart displays the breakdown of
acres per North Dry Mining phase. Please note that approximately 89 acres in the north has turned
back to the University and is being utilized for agricultural purposes. This acreage is depicted on
Map 1.00.
Dry Mining (North) Phases
Active
Mining Reclamation Sand Stockpile Screening Berm/
Conveyor Corridor
Dry Mining Sub Phase Acres Acres Acres Acres
1A 2.19 - 2.39 3.10
1B - - 0.50 2.34
1C - - - 2.23
2A - - - 0.25
2B - 3.03 - -
2C 5.25 2.89 - -
2D 8.12 - - -
3A 15.68 - - -
3B 8.94 - - -
4A 10.59 0.42 - 1.18
4B 3.52 1.50 - 0.97
5A - - - -
5B 1.49 1.65 - -
6A - - - 0.44
6B 2.96 - - -
7A - - - 2.40
7B 2.67 - - 0.86
8A 2.23 0.79 - 2.11
TOTAL 55.52 10.28 2.89 15.88
4
Aggregate Material North Dry Mining Area sold from January 1, 2022- October 31, 2022:
- 0 Tons
Aggregate stockpiles estimated onsite as of October 31, 2021, in North Dry Mining Area
- Sand: 64,000 TONS
All rock is conveyed to the aggregate processing facility for mixing and production of various
aggregate products.
North Dry Mining Phasing Plan Future
Once Dry Mining Phase 2D has been completed, mining will progress into the following phases in
the subsequent order: 1A, 4A, 3A, 3B. This will be the plan to complete the mining in the NE
corner to provide separation from any future development to the NE that may be approved in the
future.
Active Wet/Dry Phases (South) 1AA-3BB (Wet) & 10A (Dry) Annual Review Update:
Activities in the Dry/Wet mining phases will continue to include relocation of surface soils,
crushing, mixing, screening, stockpiling, aggregate washing, loading, and conveying of material to
the AUF. Once the material is conveyed to the AUF, it will be processed into varying grades of
aggregate products that will be purchased and hauled offsite utilizing the Station Trail/CSAH#46
access.
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. The dredge was utilized throughout the 2022 season to
mine aggregate reserves below the water table and will continue in 2023.
The screening berm landscaped with trees which is adjacent to County Road 46 and to Wet Mining
Phases 1AA, 2AA and 3AA has been maintained throughout the season.
For the 2023 mining season the active mining area utilized will be 73.96 acres. Wet mining
(dredging) and reclamation activities will continue within the active wet mining phases in 2023.
The wet mining reclamation area consists of 26.20 acres with the end use being reclaimed as an
open water feature. The following chart displays the breakdown of acres per South Dry /Wet
mining phase. Please refer to Map 1.01 of the South Mining Phases entitled Actual Mining Area.
5
Dry/Wet (South)Mining Phases:
Active
Mining Reclamation Remaining
Unmined
Berm/Conveyor
Corridor
Wet Mining Sub Phase Acres Acres Acres Acres
1AA 8.43 5.02 - 4.50
1BB 12.98 0.86 - -
2AA 2.83 12.29 - 1.91
2BB 9.83 6.15 - 1.92
3AA 10.33 1.88 3.30 -
3BB 10.48 - 5.78 -
10A (Dry Mining) 19.08 - - 3.43
TOTAL 73.96 26.20 9.08 11.76
Total Aggregate material sold from January 1, 2022- October 31, 2022: 1,700,118 TONS
Aggregate Stockpiles in Aggregate Processing Facility as of October 31, 2022
- Screened Sand: 109,223 TONS
- Washed Sand: 474,276 TONS
- Washed Rock: 143,744 TONS
Recycled Aggregate:
RAP Sold January 1, 2022 – October 31, 2022: 119,556 TONS
RAP Stockpile October 31, 2022: 70,126 TONS
Site Improvements Update:
- Over 2,100,000 TONS of sales projected by the completion of 2022 (Aggregate and RAP).
- Dakota County Estimated Market Taxable Value of over $10,775,500 in 2021
- Dakota County Estimated Market Taxable Value of over $10,777,800 in 2022
- Dakota County Estimated Market Taxable Value of over $10,829,700 in 2023
- Over $312,000 paid in property tax in 2022
- Berm, ditch, and common areas maintained routinely throughout the year.
- Dakota County Adopt a Road Program for periodic debris removal by Dakota Aggregates on
County # 46.
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Mining Phases
BU
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# Phase DRY WET
o
September 2021 North
Mining Aerial
September 2022 North
Mining Aerial
September 2021 South
Mining Aerial
September 2022 South
Mining Aerial