HomeMy WebLinkAbout6.e. PCAttachments_Steininger
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: December 19, 2022
Tentative City Council Meeting: January 17, 2023
AGENDA ITEM: 22-95-ME Renewal of the Max Steininger,
Inc. Small Scale Mineral Extraction Permit
for 2023
AGENDA SECTION:
Public Hearing
PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.e.
ATTACHMENTS: Site Location; 2023 Mining Permit; Project
Narrative; Location Map; Haul Route;
Current Conditions; Mine Plan; Reclamation
Plan; Site and Aerial Photographs
APPROVED BY: AK
RECOMMENDED ACTION: Motion to recommend renewal of the Max Steininger, Inc.
Small Scale Mineral Extraction Permit for 2023, subject to the terms and conditions in the
attached Draft 2023 Conditions for Mineral Extraction.
SUMMARY
Applicant and property owner: Max Steininger, Inc., 3080 Lexington Avenue South, Eagan, MN
Location: Approximately one mile east of US Highway 52 along CSAH 42;
adjacent to 4322 145th Street East
Area in acres: 78.91 acres (overall site); 37 acres (mining area); 5 acres (active
mining)
Mining Area: 3.5 acres of current active mine plus 1-1.5 acres of additional area
Comp. Guide Plan Designation: LDR– Low Density Residential,
MDR – Medium Density Residential and
HDR – High Density Residential
Current Zoning: AG – Agriculture
The Planning Commission is being asked to consider a request from Max Steininger, Inc. to renew the
existing Small-Scale Mineral Extraction Permit for its operation located along County Highway 42 and east
of State Highway 52 in the southeastern portion of Rosemount. Small Scale Mineral Extraction is
permitted in the City as an Interim Use Permit (IUP) within specified areas, and the permit for such uses
expires after one year. The applicant applied for the initial mining permit IUP in the summer of 2018 and
was granted a renewal of the permit that extended it through 2022. The current request would extend the
mining permit for one additional year through the end of 2023.
BACKGROUND
The applicant, Max Steininger, Inc. (affiliated with the property owner County Road 42 Properties), owns a
construction and excavation business in Eagan and received approval from the City in 2018 to start a new
mining operation next to the Danner Inc. mine along Highway 42. Over the last four and a half years, the
applicant has commenced mining activities in the northern-most portions of their Phase 1 mining area,
constructed an access road for the mine, and installed a berm along the access road using topsoil from the
active mining area. Because the mineral extraction use is closely tied to the applicant’s primary business,
there will be limited sales of materials to outside projects from the mine. The applicant has provided a
detailed application packet for the mining renewal and has hired Sunde Engineering to help prepare plans
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for the site and to provide information as required under the City’s mineral extraction ordinance.
Since starting mining operations on the property in the summer of 2018, the applicant has indicated that
approximately 134,800 tons of material have been removed from the site, all of which were mined from
the extreme northern portion of the Phase 1 mining area. Roughly 5 acres of the 15 acres in Phase 1 have
been stripped and mining has progressed across 3.5 acres of that stripped area, and approximately 26,800
tons of material were removed in 2022. The updated topographic survey for the operation shows that
current elevation of the mining floor is at 840 feet, which is the maximum depth allowed under the mining
permit. In addition to the mining, the applicant finished construction of the berm planned along the
entrance road in early 2020. The berm was moved further to the east along the access road to provide a
more direct and effective screen between the mining road and nearby residential structures. It was also
completed to its planned height of 15 feet with an appropriate cover material to prevent erosion, dust and
soil loss.
For 2023, the applicant intends to extract 30,000 tons of material from 3.5 acres of current active mining
area plus 1-1.5 acres of additional mining area. As noted by the applicant, material is excavated and
processed on site. Processing consists of crushing and screening with portable processing equipment set
up upon the floor of the mine recessed from the surrounding grade to reduce noise and dust emissions.
Material is stockpiled on the floor of the mine. The applicant also intends to perform recycling of concrete
and asphalt material on the property, which will be crushed and blended with on-site materials to produce
recycled aggregate blends. The recycling operations will likely not occur in 2023 and will commence once
there is a sufficiently large enough mine floor area in which to work. The applicant will need to obtain
approval by the Dakota County Environmental Management Department prior to the recycling
operations. No haul back material was brought to the site in 2022, and no topsoil has been removed from
the property (most of the stripped soil has been used to construct the berm).
ISSUE ANALYSIS
Aggregate mining is reviewed through an interim use permit which is a Quasi-Judicial action. As such, the
City has a set of standards and requirements for review. Generally, if the applications meet the ordinance
requirements they must be approved. The standards and requirements for this mineral extraction are
detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral Extraction permit.
The subject property is zoned AG – Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use within
the Agriculture district. The table below details the current land use, zoning, and future land use
information for the surrounding properties. These properties are all currently zoned Agricultural and are
located within the 2030 Metropolitan Urban Service Area (MUSA). The 2040 Future Land Use Map
anticipates a mixture of low, medium, and high density residential on the applicant’s parcel. Future
reclamation of the site will need to be performed before an impacted area may be developed for housing in
accordance with the City’s future land use plan.
Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
North Agriculture Agricultural BP – Business Park
South Agriculture Agricultural LDR – Low Density Residential
East Agriculture/Mining Agricultural LDR, MDR, and HDR – Low, Medium, and High
Density Residential
West Agriculture
Agricultural
CC- Community Commercial
LDR, MDR and HDR – Low, Medium, and High
Density Residential
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Access to the Steiniger mine comes from County Road 42 via a gravel road along the eastern edge of the
property. The applicant has secured the necessary access permits from Dakota County for the access road,
and will need to continue to abide by the terms and conditions of this permit throughout the life of the
mine. The permit application notes that haul routes within the City will continue to be County Road 42 to
State Highway 52.
As a part of the annual review of all mineral extraction permits, staff performs an inspection of the site
and consults with the Rosemount Police Department regarding any police activity. No ordinance or
permit condition violations were apparent during the inspection, and ground cover has been established
on all restored areas. Police records found no incidents at the subject property during 2022.
RECOMMENDATION
Staff recommends renewal of the Small Scale Mineral Extraction Permit for Max Steininger, Inc. for 2023
based upon a review of the information submitted by the applicant, the mineral extraction standards in
Section 11-10-4 of the City Code, City Police records and the attached draft permit.
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Mineral Extraction Permit
20232 Conditions for Small Scale Mineral Extraction Permit
MAX STEININGER, INC.
A Max Steinnger Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
B The property Owner shall comply with all terms of this permit as well as the standards for mineral
extraction listed in Section 11-10-04 of the City Code.
C This permit is granted for the area designated as Phase 1 (approximately 15 acres) on Exhibit A, Mineral
Extraction Permit Mine Plan, which is attached hereto as an exhibit. Regrading and reclamation shall
occur in the area designated Phase 1 on Exhibit A in accordance with the requirement of Section 11-10-4.4
of the City Code. Reclamation is not expected to occur in the 2022 calendar year,
D The term of the permit shall extend from the date approved by the City Council until December 31, 20232
unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit
fee shall be paid to the City of Rosemount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan,
attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed
by the City from time to time.
G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid
Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements
necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress
shall be subject to approval by the City, as well as the County Highway Department if any changes occur
relative to the mining process.
H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or
contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed
immediately to complete or contract cleanup at Property Owner’s expense without prior notification.
I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or
otherwise affect the natural drainage of adjacent property.
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J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
K Any costs incurred now or in the future in changing the location of existing public or private utilities
including but not limited to pipelines, transmission structures and sewer infrastructure located within the
permit area shall be the sole obligation and expense of the Property Owner.
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal
fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for
the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to
reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday, subject, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the
City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to
assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of
Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and
requirements of the permit; all rules, regulations and requirements pursuant to the permit and as
required by the City and all reasonable requirements of the City Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims, or for which the City, the Council or any City officer may be made liable by reason of any
accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from December 31, 20221 to July 31, 20243.
Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is
adequately protected.
O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury
liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars
and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100
($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an
additional insured and shall remain in effect from December 31, 20221 to July 31, 20243.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction
debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, or hazardous materials within the pit as fill shall be strictly prohibited. The placement of
asphalt in any form shall also be prohibited unless specifically approved by the City as part of the aggregate
and concrete recycling activities.
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Q. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County
Environmental Management Department as incidental to a sand and gravel mining operation. Any such
activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any
ponding areas, wash plants or other processing or equipment brought to the site shall require additional
site and grading plan information subject to review and approval of the City Engineer.
R. The Property Owner shall hold the City harmless from all claims or causes of action that may result from
the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or
expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such
claims.
S. The Property Owner shall comply with such other requirements of the City Council as it shall from time to
time deem proper and necessary for the protection of the citizens and general welfare of the community.
T. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
U. The Property Owner shall incorporate best management practices for controlling erosion and storm water
runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental
Protection Agency.
V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding
and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials. No stockpiles shall exceed elevation of the grades adjacent to the mine (the
height of the pit wall).
X. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the
authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the
terms of this Permit.
Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. There shall be no “haul-back” of materials from any other property or job site that would be imported to
the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs
Q and W; topsoil imported for the purpose of re-establishing turf as accepted by the City; and earthen fill
materials from projects that further meets the requirements of testing in documents by American
Engineering Testing, Inc. (or other City approved geotechnical testing firm), and which is used to replace
sand and gravel mined below approved finish grades.
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AA. Max Steininger., Inc. shall submit semi-annually to the City documentation of the American Engineering
Testing, Inc. (or other City approved geotechnical testing firm) environmental and geotechnical testing
with documentation verifying the source and quantity of any “haul-back” material. These reports shall be
provided by May 15th and November 15th of each year.
BB. Max Stieninger., Inc. shall submit an incidence report to the City within three days of any testing that fails
for contamination or hazardous materials, or will not produce a normal moisture-density relationship for
compaction.
CC. Max Steininger., Inc. shall compact the entire reclamation site to a minimum compaction of 95% of
maximum dry density.
DD. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the
elevation shown on Exhibit A with haul-back, clean-fill material. In no instance shall mining occur in the
groundwater aquifer.
EE. Blasting or the use of explosives is prohibited.
FF. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating
boxes, using of “jake” or engine brakes (except in emergency situations) or other such activities that result
in excessive noise.
GG. The City of Rosemount shall have the ability to collect independent soil and water samples.
HH. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in
Minnesota State Statute 609.605.
Max Steininger, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of
__________________, 20____.
MAX STEININGER, INC.
By:__________________________________
Its: _________________________
STATE OF MINNESOTA )
) §
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______day of _________________, 20____, by
__________________________________, on behalf of Max Stieninger, Inc., Property Owner.
______________________________________
Notary Public
November 2022
Max Steininger, Inc.
Application
for
2023 ANNUAL PERMIT REISSUANCE
SMALL SCALE MINERAL EXTRACTION
City of Rosemount, Minnesota
Sunde Engineering, PLLC
10830 Nesbitt Avenue South
Bloomington, MN 55437
952 881-3344
MAX STEININGER, INC.
APPLICATION FOR
2023 ANNUAL PERMIT REISSUANCE
SMALL SCALE MINERAL EXTRACTION
ROSEMOUNT, MINNESOTA
1.0 INTRODUCTION
Max Steininger, Inc. (Steininger) operates a Small Scale Mineral Extraction operation on a parcel of
property located in the City of Rosemount (Site). The Site was originally permitted in 2018 and
requires annual renewals. This annual renewal application is for 2023 operations.
The Site encompasses 79 acres, of which 38 acres will be mined. The property is located just south
of CSAH 42 and approximately three-quarters of a mile East of US Highway 52. The Site is zoned
Agricultural (AG) and is located within the Small Scale Mineral Extraction Overlay District. Figure 1:
USGS Quad Map Excerpt Shows the location of the Site with respect to the surrounding area.
Surrounding land use includes mining operations to the west, agricultural uses to the north south
and east, and a golf course to the northwest.
2.0 ANNUAL REPORT
As required the applicant shall annually submit to the council written estimates of:
2.1 The total area of the mineral extraction operation (expressed in acres) to be actively mined during
the forthcoming year;
The active mine area in 2023 will be approximately 5 acres and will include approximately 3.5 acres
of current active mine area plus 1 to 1.5 acres of additional area to be mined in 2023.
2.2 The area under the permit (expressed in acres) which will not be actively mined during the
forthcoming year.
The remaining area within Phase 1 which will not be mined in 2023 is approximately 10
acres.
2.3 Security Bond:
Steininger will post a reclamation bond equal to $7,500 /acre of open mine area in a form
acceptable to the City, (cash escrow or letter of credit) in an amount determined by the council.
The reclamation bond may be adjusted on an annual basis to reflect the amount of active mine area
open and unreclaimed and the amount of mine area reclaimed. The total anticipated open area at
the end of 2023 is five acres. The security shall remain in full force and effect for a minimum period
of one year after expiration of the extraction permit to guarantee the required reclamation as well
as the other requirements herein provided.
3.0 2022 MINE PLAN NARRATIVE
Five acres have been stripped and mining has progressed across approximately 3.5 of the stripped
area within the northern portion of Phase 1. Approximately 26,800 tons of material were removed
in 2022.
Material from the stripping operation was used to complete the berm along the access road which
was seeded and mulched to establish vegetation upon completion. Instead of the berm extending
along CSAH 42, the topsoil stockpile located adjacent to the active mining operation was reshaped to
provide screening of the operation from CSAH 42. Mining is setback from the county road by over 700
feet. The remainder of the Site is farmed with no buildings or structures located on Site.
During the 2023 mining season, it is anticipated that approximately 30,000 tons of material will be
mined within Phase 1, in an area that was previously stripped. No further stripping in 2023 is
anticipated.
The County is monitoring access on County Road 42 and has reserved the right to require a turn lane
should the need arise.
In accordance with the permit, the operator has not removed any topsoil from the site. Topsoil is
stockpiled on site and will be used to perform site reclamation. The operation is still in the process of
mining out a large enough area to conduct processing and stockpiling operations on, and no clean
haul back reclamation fill material has been brought to the site to date. Clean material from various
job sites is expected to be hauled back to the site in the future and used in reclamation backfilling and
sloping.
4.0 APPLICATION FORM
4.1 Legal description:
See Attachment 1
4.2 Name, address, phone number of the applicant, landowner, and person in charge of the mining
operation:
Greg Steininger
Max Steininger, Inc.
3080 Lexington Avenue South
Eagan, MN 55121
651 454-6620
4.3 Names and addresses of adjacent landowners within one quarter mile of the Site:
There are nine property owners located within one-quarter mile of the Site. A list of their names
and addresses obtained from Dakota County GIS tax records is provided in Attachment 2.
4.4 The purpose of the proposed excavation:
The mining operation supplies material predominantly for use in the operator’s own construction
projects with limited sales to outside parties.
4.5 The estimated time required to complete the proposed excavation and rehabilitation:
The estimated life of the excavation and reclamation operation is twenty years. The life of the Site
will depend upon the market demand and general development and construction activity in the
area. 2019 was the first full year of operation. To date approximately 134,800 tons of material have
been removed from the Site.
4.6 The names of the highways, streets, or other public roadways within the city upon which the
material shall be transported:
Material is hauled from the Site accessing CSAH 42 and then west to US 52 as illustrated on Figure
2, Haul Routes. Some local jobs may result in variations to this general haul route.
5.0 SITE ANALYSIS
Mine operations began with the construction of the Site access road. Five acres have been stripped,
construction of the screening berm along the access road has been completed and the berm has been
seeded. Instead of a berm along CSAH 42, the berm wraps along the base of Phase 1 to screen
operations from the highway. (There is over 700 feet of setback between highway and mining limits).
The berm has been seeded and mulched.
Mining has progressed across approximately 3.5 acres of the northern portion of Phase 1.
Approximately 134,8000 tons of material have been removed from the site to date.
During the 2023 mining season, it is anticipated that an additional 1 to 1.5 acres will be mined. This
area has already been stripped in preparation of mining. An estimated 30,000 tons of material will be
removed from the Site in 2023. The remainder of the Site is farmed with no buildings or structures
located on Site. Surrounding land uses are predominantly agricultural and rural residential land uses,
a golf course to the northwest, and active mining operations to the east. Figure 1, USGS Quad Map
Excerpt, illustrates features of the Site and surrounding land. Sheet C1, Existing Conditions, illustrates
site features in more detail.
The Site is not located within a floodplain.1 There are no watercourses or wetlands located on the Site
according to the National Wetland Inventory. The northern portion of the Site borders CSAH 42. The
topography of the Site slopes to the South and ranges in elevation from 852 feet above mean sea level
(msl) near CSAH 42 to 914 feet above msl at the southern property line. Slopes vary from 1% to 25%.
There is a 25 foot rise in elevation that runs northwest to southeast through the northern portion of
1 Federal Emergency Management’s Flood Insurance Rate Map for Dakota County, MN 270 37C 0235E retrieved
online at https://msc.fema.gov/portal/search?AddressQuery=Rosemount%20MN#searchresultsanchor
the property. The slope is vegetated with brush and grass. The mining activity will occur into the upper
terrace progressing into the central and southern portion of the Site.
There are two residential properties located to the northwest of the proposed mine limits. Mining
areas have been planned to have the least impact on the nearest residential land uses. The aerial
photograph inset below illustrates a view of the Site. Aerial photograph is from Minnesota Geospatial
Commons dated 9-10-2021.
Inset 1: Minnesota Geospatial Commons Aerial Photograph
The elevation of the water table
beneath the Site is illustrated on Sheet
C1, Existing Conditions. The water
table varies from 795 feet above msl in
the northeast corner of the Site to just
over 810 feet above msl in the
southwest corner of the Site. The
direction of groundwater flow is to the
northeast. Water table elevation
information is from area well records
and information contained in the
Dakota County Geologic Atlas. All
mining activity will occur above the
water table.
6.0 Mine Operations Plan:
6.1 Site Preparation:
An access road into the Site has been constructed. A screening berm is complete and has been
seeded to establish vegetation.
6.2 Phasing:
The Site is mined in phases. Each phase is 15 acres or less. In accordance with the City of Rosemount
Small Scale Mineral Extraction Code, the 2023 Mineral Extraction Permit will be valid for Phase 1
only. An extraction permit for Phase 2 will not be issued until at least 70% of the Phase 1 has been
reclaimed in accordance with an approved reclamation plan. Mining will proceed in a north to south
direction through Phase 1.
6.3 Mining and Processing:
Material is excavated and processed on site. Processing consists of crushing and screening with
portable processing equipment set up upon the floor of the mine recessed from the surrounding
grade to reduce noise and dust emissions. Material is stockpiled on the floor of the mine. Recycling
of concrete and asphalt will also take place on site. These materials will be crushed and blended
with on-site materials to produce recycled aggregate blends. Clean soil fill may be backhauled to
the site from the operator’s construction jobs and used in site reclamation.
6.4 Setbacks:
A minimum 30-foot setback is maintained between the mining excavation and all property lines,
except the eastern property line where there is a common mining border. The setback from CSAH
42 will be over 700 feet. Processing equipment will be setback over a minimum of 1,000 feet from
any residential structure.
6.5 Fencing:
The operator has installed safety fencing along the southerly top of the excavation. No other
fencing is proposed. The Site entrance is secured with a locking gate.
6.6 Appearance and Screening:
All machinery will be kept operational. Abandoned machinery and any rubbish will be promptly
removed from the mining area. Reclamation will be completed within three months of termination
of mining activity. This includes the dismantling of all buildings and structures incidental to the
mining operations.
7.0 OPERATING STANDARDS
7.1 Noise
The mine operates in compliance with all State noise standards. State standards have been
established for daytime hours and nighttime hours. The Site will operate entirely within the daytime
hours.
Table 1.1 Minnesota Noise Standards for Residential Land Uses
Daytime Nighttime
L50 L10 L50 L10
60 dBA 65 dBA 50 dBA 55 dBA
Measures will be taken at the Site to minimize noise emissions from the Site. These measures
include screening berms, recessing mining and processing activities below the surrounding grade
so the topography shields and absorbs sound energy reducing sound emissions. Maintenance of
operating equipment and use of standard noise control equipment such as mufflers will also reduce
sound levels at the Site.
7.2 Hours:
All excavation operations shall be conducted between 7:00 A.M. and 7:00 P.M., Monday through
Saturday only.
7.3 Explosives:
No explosives will be used at the Site.
7.4 Fugitive Dust:
All practical means to reduce the amount of dust generated by excavation operations will be
utilized. Fugitive dust will be minimized by recessed operations, spray bars on processing
equipment, dust suppressants on internal haul roads, and the establishment of permanent
vegetation on perimeter berms and reclaimed areas. Fugitive dust will not exceed air pollution
standards established by the Minnesota Pollution Control Agency (MPCA). Processing equipment is
subject to a MPCA air emissions general permit for non-metallic mineral mining which includes
standards for fugitive dust emissions.
7.5 Water Pollution:
The Site operates under an MPCA General Stormwater Permit for Nonmetallic Mineral Mining.
(General NPDES Permit) Under the terms of the General NPDES permit, the mining is conducted
under a site specific stormwater pollution prevention plan (SWPPP). This plan includes industry best
management practices for managing stormwater and preventing contamination of surface and
groundwater. The majority of stormwater will be managed internally through infiltration. Fuel
storage will be in accordance with MPCA regulations. The SWPPP also contain spill prevention,
response and reporting measures. No waste products or processed residue, including untreated
wash water shall be deposited in any public waters of the State of Minnesota.
7.6 Topsoil Preservation:
All topsoil shall be retained at the Site until the completion of mining and used for reclamation.
7.7 Excavation Slopes:
All excavation slopes other than the working face shall not exceed 1:1 (horizontal to vertical) unless
a steeper slope is approved by the City. No excavation shall take place adjacent to a public roadway
or waterway.
7.8 Equipment:
All equipment and machinery will be located within the mine and operated in a manner that
minimizes dust, noise, and vibration. Power drives or power producing machines will be setback a
minimum of one thousand feet from a residential structure. Fugitive dust will be controlled from
internal haul roads and the access road using water or calcium chloride.
7.9 Processing:
Portable crushing and screening equipment will be brought to the site on a periodic basis to process
material. A portable washplant may also be periodically operated at the site. A MDNR Water
Appropriation permit is required prior to conducting any washing activity at the site. Sedimentation
ponds used to clarify and recycle washwater back to the washplant will be constructed on the floor
of the mine. Washwater will be recycled and not allowed to discharge off site.
8.0 ANNUAL REPORT
This application serves as the Annual Report:
As required the applicant shall annually submit to the council written estimates of:
8.1 The total area of the mineral extraction operation (expressed in acres) to be actively mined during
the forthcoming year;
The active mine area in 2023 will be approximately 5 acres and will include approximately
3.5 acres of current active mine area plus 1 to 1.5 acres of additional area to be mined in
2023.
8.2 The area under the permit (expressed in acres) which will not be actively mined during the
forthcoming year.
The remaining area within Phase 1 which will not be mined in 2023 is approximately 10
acres.
8.3 Security Bond:
Steininger will post a reclamation bond acceptable to the City, (cash escrow or letter of credit) in
an amount determined by the council. The reclamation bond mat be adjusted on an annual basis
to reflect the amount of active mine area open and unreclaimed and the amount of mine area
reclaimed. The security shall remain in full force and effect for a minimum period of one year after
expiration of the extraction permit to guarantee the required reclamation as well as the other
requirements herein provided.
9.0 CERTIFICATION
I hereby certify that this plan, specification or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
_________________________ _
Kirsten Pauly
Date November 15, 2022 Reg No. 21842
Attachment 1 – Legal Description
Attachment 2 – Property Owners Within One-Quarter Mile
GREAT RIVER ENERGY
12300 ELM CREEK BLVD
MAPLE GROVE, MN 55369
DANNER FAMILY LMTD PTNSHP
843 HARDMAN AVE S
SOUTH ST. PAUL, MN 55075
DONNA M TSTE REESE
161 SUMMERSET LN SE
HUTCHINSON, MN 55350
MONTGOMERY & ELIZABETH KNOLL
4322 145TH ST E
ROSEMOUNT, MN 55068
HANS J ABRAHAMSEN
6305 BURNHAM CIR APT 122
INVER GROVE HEIGHTS, MN 55076
CAREY A & LESLIE L RECHTZIGEL
7602 STAMPEDE DR
COLORADO SPRINGS, CO 80920
ROBERT & WESLEY KNODT
PO BOX 542016
OMAHA, NE 68154
RAYMOND J OSTERTAG
4230 145TH ST E
ROSEMOUNT, MN 550688-2207
SCANNELL PROPERTIES #527 LLC
% CONTROLLER
8801 RIVER CROSSING BLVD STE 300
INDIANAPOLIS, IN 46240
Figures and Plan Set
Site
Small Scale Mineral
Extraction Overlay District
Figure 1
United States Geological Survey
Quad Map Excerpt
1000 2000
SCALE IN FEET
0
Engineering, PLLC.
Sunde
Site
Figure 2
Haul Route
500 1000
SCALE IN FEET
0
Engineering, PLLC.
Sunde
90
0
900890
890
900
9
0
0
900
910
9
1
0
910
9
0
0
890
880
87
0
860
87
0
860
850
8
0
5
8
1
0
Proposed Mine Limit
30' Setback
85
0
850
8
5
0
8
6
0
870
880890
890
890
900
890
900
910
910
900
900
890
880
87
0
860
910
900
890
880 870
880
890
8
9
0
880
8
7
0
86
0
8
7
0
8
0
0
7
9
5
CSAH 42
NWI Wetland
30' Setback
Topsoil
Stockpile
Approximate
November 2022
Mine Limit
Phase 1
Screening
Berm in
place.
Haul Road
874.2
873.3
873.6
873.2
872.8
873.5
875.9
875.0
873.8873.8
X
X X
X
X
X
X
X
X
X
Stripped for 2023
mining season
SHEET NO:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
APPROVED BY:
PROJECT NO.:
REG. NO.:DATE:
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS
OF THE STATE OF MINNESOTA.
DESCRIPTION:
INFORMATION:
REVISIONDATE
Engineering, PLLC.
CONSULTING CIVIL ENGINEERS
10830 NESBITT AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55437
(952) 881-3344 TELEPHONE
(952) 881-1913 FAX
www.sundecivil.com
Sunde
Kirsten Pauly
of
2184204/18/2018
2023 Permit11/15/2022
2022 Permit12/20/2021
2021 Permit1/12/2021
2020 Permit 12/20/2019
C1
Notes:
1. Topographic information from Twin Cities
Metro Region LiDAR data collected during the
Spring and Fall of 2011.
2. Aerial Photo from Minnesota Geospatial
Commons. Date of photograph 09-10-2021.
Parcel information from Dakota County GIS
data.
3. Water table elevation information from
Minnesota Well Index well logs and Dakota
County Geologic Atlas Series: Atlas C-6,
Plate 6 of 9 - Bedrock Hydrogeology. Water
table elevations are approximate and
expected to vary over time.
4. Wetland locations obtained from National
Wetland Inventory (NWI) map, which
indicates no on-site wetlands.
5. The site is not located within a floodplain
based on information within the Dakota
County DFIRM.
6. There are no on-site watercourses.
7. Mine floor elevations from survey by Max
Steininger and represent end of 2021 mining
elevations and location of toe of active mine
face.
Building Footprint
MWI Well Location
Stormwater Flow Direction
Water Table Contour
Existing
Conditions
800
Max Steininger,
Inc.
2023 Annual Permit
Small Scale Mineral
Extraction Facility
Rosemount, MN
CSAH 42
8
5
0
Site Access
85
0
8
6
0
870
880
890
900
900
89
0
890
900
900
900
890
900
890
900
910
910
910
9
1
0
910
9
0
0
900
900
890
880
870
860
910
900
890
8
8
0
870
880
890
8
9
0
8
8
0
8
7
0
86
0
890 880
870
87
0
860
87
0
860
850
Phase 1
15.0 Acres
Phase 2
15.0 AcresPhase 3
7.8 Acres
30' Setback
30' Setback
Co
m
m
o
n
M
i
n
i
n
g
B
o
r
d
e
r
Mine Limit
1000 ft Processing
Equipment Setback
898
90
0
898
898
CSAH 42
30' Setback
30' Setback
Berm
Completed
2020
Topsoil
Stockpile
Approx. area to
be mined in 2023
Approximate
November 2022
Mine Limit
Max Steininger,
Inc.
2023 Annual Permit
Small Scale Mineral
Extraction Facility
Rosemount, MN
SHEET NO:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
APPROVED BY:
PROJECT NO.:
REG. NO.:DATE:
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS
OF THE STATE OF MINNESOTA.
DESCRIPTION:
INFORMATION:
REVISIONDATE
Engineering, PLLC.
CONSULTING CIVIL ENGINEERS
10830 NESBITT AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55437
(952) 881-3344 TELEPHONE
(952) 881-1913 FAX
www.sundecivil.com
Sunde
Kirsten Pauly
of
2184204/18/2018
2023 Permit11/15/2022
2022 Permit12/20/2021
2021 Permit1/12/2020
2020 Permit12/20/2019
City Comments5/23/2018
Mine Plan
C2
Notes:
1. Topographic information from Twin Cities Metro
Region LiDAR data collected during the Spring
and Fall of 2011. Topography in active mine area
from updated survey by Max Steininger, Inc.
December 15, 2021.
2. Parcel information from Dakota County GIS data.
3. Construction of berm along haul road is complete
4. Mining to continue south within Phase 1.
3. Excavation to a minimum elevation of 840 feet
above msl.
4. Approximately 26,800 tons of material removed
in 2022. Approximately 1 to 1.5 acres to be
mined in 2023.
5. An estimated 30,000 tons of material to be
removed in 2023.
6. No material imported to site in 2022.
Building Footprint
MWI Well Location
CSAH 42
4:1 Slopes Common Mining
Border May
Eliminate Slope
87
8
87
6
8
7
4
872
870
890
900
910
880
90
0
87
0
88
0
900
90
0
88
0
89
0
87
0
890
88
0
SHEET NO:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
APPROVED BY:
PROJECT NO.:
REG. NO.:DATE:
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS
OF THE STATE OF MINNESOTA.
DESCRIPTION:
INFORMATION:
REVISIONDATE
Engineering, PLLC.
CONSULTING CIVIL ENGINEERS
10830 NESBITT AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55437
(952) 881-3344 TELEPHONE
(952) 881-1913 FAX
www.sundecivil.com
Sunde
Kirsten Pauly
of
2184204/18/2016
2023 Permit11/15/2022
2022 Permit12/20/2021
2021 Permit1/12/2021
2020 Permit12/20/2019
City Comments5/23/2018
C3
Notes:
1. Topographic information from Twin Cities Metro
Region LiDAR data collected during the Spring
and Fall of 2011.
2. Parcel information from Dakota County GIS
data.
3. The floor of the mine area is anticipated to vary
depending upon the ultimate soils balance
available. Reclamation grades represent a
minimum reclamation elevation. Clean fill,
consisting exclusively of uncontaminated
earthen materials, may be imported to the site
as part of mine operations and used as backfill
to attain a higher reclamation grade than is
indicated on the plan.
4. Perimeter slopes will be backfilled to at least a
4:1 (H:V) slope.
5. Topsoil will be placed on backfilled and sloped
areas to an average depth of 4-8 " and a
minimum of 2".
6. Topsoiled areas will be seeded and mulched to
establish vegetation and provide site stability.
Seed mix will depend upon the nature of the
reclamation soils but will be MnDOT general
roadside mix 25-141 or similar.
Reclamation
Plan
Max Steininger,
Inc.
2023 Annual Permit
Small Scale Mineral
Extraction Facility
Rosemount, MN
Max Steininger, Inc
Aerial Images
April 2021
May 2022
September 2022
Max Steininger, Inc Aerial Images
September 2021