HomeMy WebLinkAbout5.b. Request by Frattalone-Berger for a Small-Scale Mineral Extraction Permit for 2023EXECUTIVE SUMMARY
Planning Commission Regular Meeting: April 25, 2023
Tentative City Council Meeting: May 16, 2023
AGENDA ITEM: 23-17-ME Frattalone Companies, Inc.,
Small Scale Mineral Extraction Permit –
New Mining Operation
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.b.
ATTACHMENTS: Location Map, Draft Mineral Extraction
Permit, Project Narrative, Existing
Conditions Map; Site Aerial; Mining Plan;
Reclamation Plan.
APPROVED BY: AK
RECOMMENDED ACTION: Motion to recommend the City Council approve the
Frattalone Companies, Inc. Small Scale Mineral Extraction Permit, subject to the terms and
conditions in the attached Draft 2023 Conditions for Mineral Extraction and subject to the
following additional conditions:
1.The reclamation plan shall be updated to provide a maximum slope of 4:1 at the
edges of the mining area.
2.The applicant shall secure a permit from Dakota County for the proposed access to
TH42.
3.The applicant shall provide the location of stockpiles not used for diversion/screening
berms.
4.The initial mineral extraction permit shall be valid until the end of 2024. The
applicant shall provide an operations update prior to December 30, 2023, for review
by City staff. This update will include the amount of material excavated and
removed from the site, the total quantity of material stockpiles on the site, and other
relevant information as requested by the City.
SUMMARY
The Planning Commission is being asked to consider a request from Frattalone Companies, Inc. for a new
small-scale mineral extraction permit that will be located on a portion of a larger 79 acre parcel immediately
west of Emery Avenue and south of County Highway 42. Small scale mineral extraction is permitted in the
City as an Interim Use within specified areas, and the proposed site is located with the City’s mineral
extraction overlay district. As an interim use, permits for mineral extraction are valid for one calendar year
(January 1 – December 31); however, staff is recommending that the initial Frattalone permit be issued
through 2024, with an administrative staff review at the end of 2023.
Applicant & Property Owner(s): Frattalone Companies, Inc., 3205 Spruce Street, Saint Paul,
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Minnesota
Location: Immediately west of Emery Avenue along CSAH 42;
Area: 73.39 Acres (overall site); 26.08 (active mining area)
Comp. Guide Plan Designation: CC-Community Commercial, MDR-Medium Density
Residential, HDR-High Density Residential
Current Zoning: AG – Agriculture
Staff recommends approval of the request based upon a review of the information submitted by the
applicant, the mineral extraction standards in Section 11-10-4 of the City Code, and the attached permit.
BACKGROUND
The applicant, Frattalone Companies, Inc., owns a construction and excavation business in Little Canada
and is asking to establish a new mineral extraction site along Highway 42 in Rosemount. Because the
mineral extraction use will be 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 operation and has hired Carlson McCain to help prepare plans for the site and to provide
information as required under the City’s mineral extraction ordinance.
The site under consideration is located along the western frontage of Emery Avenue and south of County
Highway 42 (145th Street East). Similar to other neighboring properties along Highway 42, there is a 45-
50-foot rise in height between the northern and southerly property lines, with a steep ridge that provides a
break/transition between the lower portions of the property along Highway 42 and the higher elevations
to the south. Other than the ridge, most of the site is gently rolling, but relatively flat.
There are currently no structures on the site, which has been used for agricultural fields for many years,
similar to much of the surrounding land. The other uses in the area include single-family residences
southeast of the site, and the Danner and Bolander mineral extraction uses to the west. The applicant’s
mine will share a common border with Bolander, and as excavation occurs in both gravel pits along this
boundary, the final grades for each mine will likely be adjusted to match each other. This shared lot line
approach has been used on the other side of the Bolander operation (adjacent to Danner) and the final
reclamation plans may be able to eliminate the western slope as currently shown. Because the boundary is
within the latter phases of the Bolander mining permit, the reclamation plan should continue to show the
slope as proposed until Bolander progresses to its later stages.
The proposed extraction activity will take place on 26.08 acres in the southern portion of the site in
accordance with the “mine boundary” depicted in the mining plan. The applicant is proposing primary
access to the active mining area via a new driveway from Highway 42 running along the western property
border. This new access point will require a permit from Dakota County, and has been placed as far as
possible from the intersection of CSAH 42 and Emery Avenue. A secondary access is shown on Emery
Avenue near the northeast portion of the mining area. This access would be utilized in the event that the
County denies an entrance permit for the access onto 42. Truck traffic would be limited during spring
road restrictions. Staff and the Applicant continue working with the County on having access onto 42, as
that is the preferred haul route.
Mining is proposed to occur over two phases generally moving from the east to the west on the southern
portion of the property. Excavation will lower the active mining portions of the site to the 840-850
elevation range, which represents cut of roughly 40 feet across the active mining part of the site. The
proposed final grades as depicted on the reclamation plan will bring the southern portion of the property
very close to the elevation of the northern part of the property. Essentially, the applicant is proposing to
excavate into the ridgeline and maintain these grades (with a slight incline) throughout the mine. The
phases have been developed to comply with the City’s extraction requirements that each phase be no more
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than 15 acres in size. The applicant has stated that they anticipate removing 100,000 cubic yards of
material per year, which corresponds to an operational life of the facility of 16 years.
The applicant’s project narrative includes citations referencing all of the City’s mineral extraction
standards, and the document demonstrates compliance with each of these requirements. As part of its
initial submission materials, the applicant did not specify a specific location or extent of any material
stockpiles beyond a description of their use as screening berms along the perimeter of the mining area.
The location of any stockpiling not used for that purpose shall be provided prior to Council action on the
permit.
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 2040 Metropolitan Urban Service Area (MUSA). The 2040 Future Land Use Map
anticipates a mixture of residential and commercial uses in this area.
The 2040 Comprehensive Plan designates commercial development at the intersection of Emery Avenue
and County Road 42, while medium- and high-density residential development is designated over the
proposed mining and grading area. Future reclamation of the site will need be performed before an
impacted area may be developed for housing. Because of the site’s location farther east of 52, the
development staging of properties in the area should not create as much of an impact on the timing of
mining operations in the future as it would on the mining operations to the west, such as the Steiniger pit.
The proposed reclamation plan provides for 3:1 slopes at the edge of the mining area that taper back to
the adjacent properties. The City Engineer is recommending that no final, reclaimed slopes exceed 4:1, so
staff has added a condition of approval that the reclamation plan be updated accordingly. Although the
slope between the Bolander and proposed Frattalone mines may eventually go away as work progresses in
the Bolander operation, the other slopes will need to be incorporated into future redevelopment projects.
The water table is located at an approximate elevation of 800 feet or lower based on information provided
by Dakota County, and the lowest mining elevation is well above that number. Throughout the majority
of the site, there will be approximately 40 feet between the bottom of the mine and groundwater, which is
Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
North Agriculture
Agricultural CC-Community Commercial
South Agriculture Agricultural LDR – Low Density Residential
East Agriculture Agricultural
CC-Community Commercial
MDR – Medium Density Residential
HDR-High Density Residential
West Agriculture/Mining
Agricultural CC-Community Commercial
LDR-Low Density Residential
MDR – Medium Density Residential
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consistent with other mines in the vicinity.
Because the applicant will likely not begin excavation activity until at least halfway through the year, staff is
recommending that the initial operating permit be extended until the end of 2024, at which point the site
would require an annual review like all similar mining operations. Staff is recommending a condition of
approval that the applicant provide the basic information needed as part of its annual review by the end of
the year for review by staff. Staff also anticipates conducting an inspection before the end of the year that
coincides with the other mineral extraction permit reviews. In addition to a site inspection, the annual
mineral extraction permits include consultation with the Rosemount Police Department regarding any
police activity at the site. Staff will request these records prior to the end of the year and as part of the
2024 permit review. This is consistent with the approval of the Steiniger mining operation that also
received approval midyear.
Staff has drafted a proposed permit with conditions for review by the Planning Commission as part of its
review.
RECOMMENDATION
Staff recommends approval of this request based upon a review of the information submitted by the
applicant, the mineral extraction standards in Section 11-10-4 of the City Code, and the attached permit with
conditions of approval.
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Mineral Extraction Permit
2023-2024 Conditions for Small Scale Mineral Extraction Permit
FRATTALONE COMPANIES, INC.
A Frattalone Companies 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 2023 or 2024 calendar year,
D The term of the permit shall extend from the date approved by the City Council until December 31, 2024
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 Primary access to the site by all gravel trucks and other mining related traffic shall shall be from County
State Aid Highway 42, pending approval by Dakota County of an access permit. 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. If an access
permit is not granted by the County, access shall be from Emery Avenue, subject to seasonal restrictions.
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.
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.
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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 June 1, 2023 to July 31, 2025.
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 June 1, 2023 to July 31, 2025.
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, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited.
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.
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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.
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, W, and topsoil imported for the purpose of re-establishing turf as accepted by the City.
AA. 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.
CC. Blasting or the use of explosives is prohibited.
DD. 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.
EE. The City of Rosemount shall have the ability to collect independent soil and water samples.
FF. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in
Minnesota State Statute 609.605.
Frattalone Companies, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said
mining permit.
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IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of __________________, 2023. Frattalone Companies, INC. By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2023, by __________________________________, on behalf of Frattalone Companies, Inc., Property Owner. ______________________________________ Notary Public
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc.Page 1
1.0 INTRODUCTION
1.1 Application Request
Frattalone Companies, Inc. (Frattalone) is applying for a Small Scale Mineral Extraction Permit for a
gravel mining pit to be located on a parcel located within Section 29, Township 115, Range 18,
Dakota County, Minnesota. The proposed site will be used for soil borrow, staging/stockpiling, and
backfill.
The following sections of this document describe information required under Rosemount,
Minnesota City Code Chapter 10 Section 11‐10‐4 Small Scale Mineral Extraction.
1.2 Applicant Information
Name: Frattalone Companies, Inc.
Contact Person: Scott Spisak
Address:3205 Spruce St, St Paul, MN 55117
Telephone (office): (651) 484‐0448
Email: scotts@frattaloneco.com
1.3 Site Location and Ownership
The mining pit (Facility) will be located on the south half of the parcel listed below according to the
corresponding Dakota County Parcel ID number:
Parcel ID 340290075010
Owner Landspec Fund 4, LLC
Address 4558 Trading Post Trl S, Afton, MN 55001
Mapped Acres 73.39
Zoning Agricultural
Tax Description E 72 ½ A of SE ¼ Subj to Hwy Easmnt Parcel 17 on CTY R/W Map 21A,
Section 29, Township 115, Range 18, Dakota County, Minnesota.
The location of this parcel is shown on Sheet 1 in the Pollution Prevention Plan in Appendix A.
Frattalone will operate the Facility under a lease agreement with the landowner(s). The property is
currently farmed and will return to agricultural use following site reclamation.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc.Page 2
2.0 PROJECT DESCRIPTION
2.1 Stormwater Pollution Prevention Plan
A Pollution Prevention Plan (P2 Plan) is attached in Appendix A and includes the location map,
adjacent land owners, site plans, proposed excavation grades, proposed reclamation grades,
stormwater management plan, and erosion and sediment control plan for the Facility. The P2 Plan
consists of the following sheets:
Sheet 1 ‐ Index Sheet
Sheet 2 ‐ Existing Conditions and Adjacent Land Owners
Sheet 3 ‐ Site Plan
Sheet 4 ‐ Reclamation Plan
Sheet 5 ‐ Narrative
Sheet 6 ‐ Inspection Form
Sheet 7 – Training Form
The P2 Plan shows existing features including: 2‐foot existing Lidar contours provided by the
Minnesota Department of Resources (DNR); wetland boundaries provided by the US Fish and
Wildlife Service National Wetland Inventory (NWI); property boundaries and roadways provided
by Dakota County GIS; and building locations and existing vegetation shown on aerial imagery
obtained from Google Earth. The P2 Plan also illustrates pertinent site development information
including site access, existing structures, existing vegetation, topsoil management, best
management practices (BMP’s) and site grading.
2.2 Site Preparation and Operations
Site preparation will primarily include installing erosion and sediment controls, stripping and
stockpiling topsoil for later use in reclamation, grading access roadways on the site, and excavating
an infiltration pond to contain stormwater from initial site development. Primary activities to be
conducted at the Facility include soil and aggregates excavating, processing, loading, stockpiling,
backfill, and grading. All mining activities will take place within the mining boundary illustrated
on Sheets 2‐4 of the P2 Plan.
The Phase 1 mining boundary encompasses a total area of 15‐acres which will be stripped in
segments as mining progresses. Mining would begin in the north portion of Phase 1 and work
southward along the east mining boundary. Once reaching the southern limits, mining would
progress in a westerly direction along the entire north‐south pit face. Backfill with haul back
material would follow in much the same method to restore the site to reclamation grades. Phase 2
shall not be mined until at least seventy percent (70%) of Phase 1 has been rehabilitated as per City
Code and as described in subsequent sections of this application. Phase 2 encompasses 11.08‐acres
and would be mined in a westerly direction along the north-south pit face.
Carlson McCain, Inc.Page 3
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Sheet 3 of the P2 Plan shows anticipated excavation grades for the mine. The bottom elevation of
840 feet above mean sea level results in mining depths of approximately 2 to 54 feet below existing
ground surface. Actual mining depth may vary from that shown on Sheet 3 based on market
demand and subsurface conditions encountered. Mining will not extend below the groundwater
table, which is anticipated to occur at an elevation of 800 feet MSL or lower, based on water
table contours available on the Dakota County GIS website. A maximum excavation slope of 4H:1V
will be maintained on the east edge of mining, which is adjacent to a gas utility easement.
Other sideslopes of excavation around the site will be limited to a maximum of 1H:1V.
The overall soil excavation volume of the earthwork represented by the grading contours on Sheet 3
is approximately 1,588,500 cubic yards. An estimated 39,000 cubic yards of this volume will be
topsoil, which will be stripped and stockpiled as diversion/screening berms graded around mining
activities. All topsoil will remain onsite for use in reclamation. Existing topsoil is estimated to be
11‐inches thick on average across the 26.08‐acre mining area, based on data from the US
Department of Agriculture Natural Resources Conservation Service (NRCS) Web Soil Survey. The
NRCS soil survey data is included in Appendix B.
Mining will be phased to reduce open area by backfilling and restoring the site to the grades shown
on Sheet 4 of the P2 Plan once respective segments of the pit have been fully excavated. Once all
reclamation has been completed, the site will be returned to agricultural use. The overall backfill
volume to establish reclamation grades is approximately 1,018,500 cubic yards, which includes re‐
spreading all 39,000 cubic yards of stripped topsoil. Additional details on site reclamation are
presented in Section 4.
Excavation is estimated to occur at a rate of 100,000 cubic yards per year which corresponds to an
estimated operational life of the Facility of 16 years. Backfill material is estimated to be backhauled
at a rate of 65,000 cubic yards per year. Actual rates of excavation and backfill of the site will vary
depending upon market demand for aggregate materials.
2.3 Adjacent Land Owners
Land owners within ¼ of a mile of the property are shown on Sheet 2 of the P2 Plan. Address labels
for adjacent land owners are attached in Appendix D.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 4
3.0 OPERATIONAL STANDARDS
3.1 Hours of Operation
Hours of operation for the Facility will be 7:00 a.m. to 7:00 p.m., Monday through Saturday.
3.2 Site Access
Access to the Facility will be via a constructed gravel driveway. Frattalone intends to make
application to Dakota County for an entrance directly from County Highway 42 as shown on Sheet
3 of the P2 Plan. Similar to existing mining permitted properties immediately to the west, this
would be the site access.
In the event that Dakota County denies an entrance permit or imposes conditions and requirements
above and beyond similar adjacent properties and permitted operations, creating a competitive
disadvantage, Frattalone would utilize the entrance off of Emery Avenue, also shown on Sheet 3 of
the P2 Plan.
A rock construction exit will be installed at each driveway exit prior to topsoil stripping and
material hauling to prevent offsite soil tracking. Frattalone will be responsible for maintaining the
construction entrance and removing any soil tracked onto adjoining roadways. Sediment tracking
BMP’s and maintenance are further described in the P2 Plan.
3.3 Borrow Limits and Setbacks
Setbacks for mining activities from the south and west edge of the property are 30‐feet from
adjacent properties to the south and west. A gas line runs through the east side of the parcel and
mining activities are setback 5’ west from the utility easement. To the north, mining limits are
bound by the lease boundary. Setbacks are shown on Sheet 3 in the P2 Plan. Documentation of
utility easements on the property are attached as Appendix C.
3.4 Floodplains and Shorelands
The site is not located within floodplains or shorelands.
3.5 Wetlands
Wetlands mapped by the NWI in the vicinity of the Facility are shown on Sheet 1 of the P2 Plan. A
formal wetland delineation has not been completed. No wetlands exist on the property and no
wetlands will be drained, filled, excavated, or receive discharges from pit operations. The nearest
wetland is approximately 3,200‐feet east of the Facility. All stormwater contacting disturbed land
during pit operations will be infiltrated.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 5
3.6 Stockpile Slopes
Typical slopes of stockpiles may vary between 1H:1V and 2.5H:1V. Steep slopes will be monitored
for erosion and slope stability. Any slopes that show signs of instability or excessive erosion shall
be re‐graded. Vegetation shall be established on diversion/screening berms graded from topsoil
within 7 days of final grading.
3.7 Housekeeping and Site Safety
The Facility will employ good housekeeping practices. Examples of these good housekeeping
practices include the following:
Equipment will be inspected daily during normal operations and kept in good working
order.
Equipment washing will not occur onsite.
Any fuel or chemical stored onsite will be stored in compliance with all applicable
Minnesota Pollution Control Agency (MPCA) requirements. Secondary containment will be
provided for all tanks.
Leaks and spills will be promptly cleaned up and reported to the site manager and MPCA
as appropriate. Spill cleanup material will be stored onsite in an accessible location.
Appropriate waste receptacles will be available to employees and customers to prevent litter
around the site.
Sanitary facilities will be available onsite and will be serviced regularly.
Routine employee training is conducted on good housekeeping practices and spill response.
Frattalone maintains a corporate safety manual which describes safety standards that will be
employed at the Facility.
3.8 Environmental Review
The project size does not trigger preparation of a mandatory Environmental Assessment
Worksheet. Operational practices used to prevent environmental impacts are presented in the
following sections.
3.9 Dust
Facility activities generate dust through vehicle traffic on unpaved roads, processing operations,
such as loading from stockpiles, and other material handling and transport operations. Fugitive
dust will be controlled with best management practices to comply with MPCA standards. The
following is a list of BMP’s that will be employed to minimize fugitive dust emissions at the site.
Applying water to unpaved roads
Stabilizing unworked areas with topsoil and vegetation
Maintaining unpaved roads in a well‐graded condition
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 6
Limiting unnecessary traffic through the Facility
Limiting traffic speed within the Facility
Performing prompt reclamation of disturbed areas following termination of Facility
operations
3.10 Noise
Site activities will generate noise through operation of earthmoving and processing equipment.
Levels of noise will be controlled to comply with standards established by the MPCA and US
Environmental Protection Agency. Noise generated at the site will be mitigated using the following
techniques, which have proven effective at other similar facilities:
Truck traffic will be routed in a loop to the extent practical in order to minimize the use of
back up alarms.
White noise backup alarms will be utilized if existing controls do not sufficiently mitigate
the noise generated by traditional beeping backup alarms.
Equipment will be maintained in good working order and with standard noise reduction
equipment such as mufflers.
3.11 Existing Vegetation
Existing trees and vegetation will be preserved to all extents feasible, however site preparation will
require clearing and grubbing of approximately 7.5‐acres of trees as shown in the P2 Plan. Wooded
areas will be maintained until respective areas will be opened for mining. Following site
reclamation, land will be returned to agricultural use with prairie grasses established on steeper
slopes which will not be farmable.
3.12 Traffic
Traffic will access the site from County Highway 42 or Emery Avenue East, as discussed in Section
3.2.
3.13 Stormwater and Erosion Control
Stormwater management for the mining pit and reclamation operation will comply with
regulations as specified by the MPCA as well as requirements of the National Pollutant Discharge
Elimination System (NPDES), including obtaining a permit and adoption of the P2 Plan included as
Appendix A.
Site subsoils predominantly consist of poorly graded sand, silty sand, and poorly graded gravel or
USCS groups SP, SM, and GP soils, which correspond to hydrologic soil groups A and B soils. Soil
data obtained from the NRCS Web Soil Survey is included in Appendix B. Hydrologic soil group A
and B soils allow water to infiltrate well, so all water contacting mining activities will be contained
at the Facility and infiltrated. An infiltration pond will be graded during initial site development
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 7
and will be sized as necessary to contain all stormwater contacting mining activities. As mining
progresses, stormwater will be infiltrated across the floor of the mine pit. Run‐on and run‐off
diversion/screening berms will be graded from stripped topsoil around the perimeter of the site.
Silt fence shall be maintained downstream of the berms until vegetation is established (at least 70%
coverage) on the berms. If erosion or sediment transfer off the property occurs, the issues shall be
dealt with promptly by removing any deposited sediment, re‐grading or repairing the area as
necessary, seeding, and stabilizing the area with mulch, hydro‐mulch, or erosion control blanket, as
appropriate.
Additional details on stormwater control can be found in the P2 Plan.
3.14 Topsoil Management
Topsoil will be stripped to the full depth as a part of site preparation and segregated into dedicated
diversion/screening berms or stockpiles. Diversion/screening berms will be graded on the north,
east, and south sides of pit, as those respective portions of the Facility are excavated. Berms will be
uniformly graded and vegetated so that pit operations will be screened. Berms and stockpiles will
be stabilized within 7 days of final grading. Topsoil will not be exported from the site and import
of topsoil is not expected to be necessary for reclamation.
As stated previously, the average depth of existing topsoil is approximately 11 inches. For site
reclamation, stripped topsoil will be re‐placed uniformly to approximately the same depth, but in
no case less than 6‐inches deep. Compaction of the soil layer will be limited to the equipment
necessary to spread the layer.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 8
4.0 SITE RECLAMATION
Site reclamation will include removal of all equipment, stockpiles, temporary haul roads,
driveways, etc., re‐grading and placing backfill materials, and establishing vegetation. Imported fill
will be used to establish the reclamation grades and topsoil will be placed as described in Section
3.14 over imported fill to establish the approximate grades shown on Sheet 4 of the P2 Plan.
Once finished reclamation grades are established, vegetation will be established within 7 days of
final grading by seeding with MnDOT seed mixture 32‐241 at a seeding rate of 38‐pounds per acre
or MnDOT seed mixture 35‐241 at a seeding rate of 36.5‐pounds per acre and applying MnDOT
Type 1 Mulch (2‐tons per acre) and commercial fertilizer (application rate will be determined from
soil testing prior to reclamation). As necessary, downstream silt fence shall remain in place and be
maintained until vegetation is established (at least 70% coverage) on all seeded areas. Once
vegetation is established, all temporary synthetic erosion and sediment control BMP’s shall be
removed. Upon establishment of end‐use conditions, sediment carried by stormwater over
reclaimed areas will be collected within surrounding surficial depressions and ponds, in a similar
manner to the current surface drainage.
The following additional reclamation standards will be implemented:
All materials used for reclamation backfill shall be free of contaminants and shall be non‐
noxious, non‐flammable and non‐combustible.
The graded or backfilled area shall not collect or permit stagnant water to remain therein,
unless there is an approved ponding area or wetland restoration or creation.
Graded or backfilled areas shall be surfaced with at least six inches of soil of a quality at
least equal to the topsoil of the surrounding area.
Final stabilization will be achieved within 3 months after termination of Facility activities.
This includes removal of all equipment, vehicles, machinery, materials, stockpiles, and other
materials incidental to the Facility operation.
Reclamation will not result in an increase in impervious area from existing conditions.
Erosion and sediment control measures specified in the P2 Plan will be followed until the
termination of applicable permits (e.g. NPDES).
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 9
5.0 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.
Brannon Peterson, P.E.
Project Engineer
Date: 3/22/2023 License # 58910
Nicholas Bonow, P.E., P.G.
Principal Engineer/Geologist
Date: 3/22/2023 License # 47510
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Drawn:
Designed:
Date:
BLP
BLP
15650 36TH AVE N
SUITE 110
PLYMOUTH, MN 55446
TEL (952) 346-3900
FAX (952) 346-3901
CARLSONMCCAIN.COM
BLP1 ISSUED FOR PERMIT APPLICATION 2
of
7
EXISTING CONDITIONS
& ADJACENT LAND OWNERS
POLLUTION PREVENTION PLAN
DESCRIPTIONREVDATEBYI 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
Print Name:
Signature:
Date:License #:
EXISTING CULVERT
FRATTALONE COMPANIES, INC.
3205 SPRUCE STREET, ST. PAUL, MN 55117
BERGER PIT
ROSEMOUNT, MN
NOTES:
1.TOPOGRAPHIC CONTOURS FROM MN DNR MNTOPO
GIS ELEVATION DATA.
2.PROPERTY BOUNDARIES AND ROADWAYS FROM
DAKOTA COUNTY GIS DATA.
3.OVERHEAD ELECTRIC AND WOODS APPROXIMATE
FROM AERIAL IMAGERY.
STORMWATER FLOW DIRECTION
LEASE BOUNDARY
TOPOGRAPHIC MAJOR CONTOUR
TOPOGRAPHIC MINOR CONTOUR
880
APPROXIMATE OVERHEAD ELECTRIC
LEGEND
APPROXIMATE WOODS
PROPOSED MINING BOUNDARY
BOLANDER PED PIT
(EXISTING MINING)
NEIGHBORING PARCELS
APPROXIMATE WELL
PROPERTY BOUNDARY
EXISTING FIELD
ENTRANCE
(10' INTERVAL)
(2' INTERVAL)
EXISTING CULVERT
APPROX. ELECTRIC
TRANSMISSION LINE
GRAVEL ROADWAY
APPROX.
OVERHEAD
ELECTRIC
ELECTRIC
TRANSMISSION
TOWER
ELECTRIC
TRANSMISSION
TOWER
APPROX. BURIED
HAZARDOUS LIQUID
PIPELINE AND 50' EASEMENT PROPOSED MINING
BOUNDARY
APPROX. BURIED
HAZARDOUS LIQUID PIPELINE
AND 50' EASEMENT
APPROX. IRRIGATION
WELL
IRRIGATION BOOM
RADIUS
APPROXIMATE BURIED PIPELINE
LEASE BOUNDARY
APPROXIMATE EASEMENT
Brannon L. Peterson, PE
58910
APPROX. 165' ELECTRIC
TRANSMISSION LINE
EASEMENT
3/22/233/22/23
3/22/23
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Drawn:
Designed:
Date:
BLPBrannon L. Peterson, PE
BLP
58910
15650 36TH AVE N
SUITE 110
PLYMOUTH, MN 55446
TEL (952) 346-3900
FAX (952) 346-3901
CARLSONMCCAIN.COM
BLP1 ISSUED FOR PERMIT APPLICATION 3
of
7
SITE PLAN
POLLUTION PREVENTION PLAN
DESCRIPTIONREVDATEBYI 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
Print Name:
Signature:
Date:License #:
NOTES:
1.PHASE 2 SHALL NOT BE EXCAVATED UNTIL AT LEAST 70% OF PHASE 1 HAS BEEN
RECLAIMED AS SHOWN ON SHEET 4. MINERAL EXTRACTION IS NOT TO EXCEED
19.5 ACRES OF OPEN EXCAVATION AT ANY ONE TIME.
2.INSTALL DIVERSION BERMS AS NECESSARY TO CONTAIN ALL STORMWATER AS
MINING PROGRESSES.
3.STABILIZE ALL DIVERSION AND SCREENING BERMS WITH VEGETATION ON THE
UPSTREAM AND DOWNSTREAM SIDE OF THE BERMS. ENSURE BERMS ARE 70%
COVERED WITH VEGETATION BEFORE REMOVING SILT FENCE. MAINTAIN
VEGETATION ON THE BERMS AS NECESSARY.
4.MAINTAIN ROADWAYS IN WELL GRADED CONDITION, LIMIT HAUL TRAFFIC TO
ROADWAYS, AND LIMIT TRAFFIC TO 15 MPH TO PREVENT OFFSITE SEDIMENT
TRACKING, INCLUDING MUD AND OTHER DEBRIS.
FRATTALONE COMPANIES, INC.
3205 SPRUCE STREET, ST. PAUL, MN 55117
BERGER PIT
ROSEMOUNT, MN
PHASE 1 DIVERSION/SCREENING BERM
PHASE 1 SILT FENCE
LEASE BOUNDARY
TOPOGRAPHIC MAJOR CONTOUR (10' INTERVAL)
TOPOGRAPHIC MINOR CONTOUR (2' INTERVAL)
880
EXISTING OVERHEAD ELECTRIC
LEGEND
APPROXIMATE WOODS
MINING BOUNDARY
NEIGHBORING PARCELS/SUBDIVISIONS
PROPERTY BOUNDARY
GRAVEL ROADWAY
APPROX. ELECTRIC
TRANSMISSION LINE
APPROX. BURIED
HAZARDOUS LIQUID PIPELINE
AND 50' EASEMENT
PROPOSED MINING
BOUNDARY
IRRIGATION BOOM
RADIUS
INSTALL SILT FENCE
ALONG LEASE BOUNDARY
TEMPORARY INFILTRATION POND;
BOTTOM EL. 835
SILT FENCE MAINTAINED AT
EAST EDGE OF PHASE 2 MINING
PROPOSED PRIMARY ACCESS
ROAD WITH LOCKED GATE
(PENDING PERMIT APPROVAL
FROM DAKOTA COUNTY)
JERSEY BARRIERS INSTALLED TO
PROTECT TRANSMISSION TOWER
4H
:
1
V
1H:1V EXCAVATION
SLOPE
1H:1V EXCAVATION
SLOPE
1H:1V EXCAVATION
SLOPE
PROPOSED SECONDARY
SITE ACCESS WITH
LOCKED GATE
EXCAVATION MAJOR CONTOUR (10' INTERVAL)
EXCAVATION MINOR CONTOUR (2' INTERVAL)
930
PHASE 2 DIVERSION/SCREENING BERM
PHASE 2 SILT FENCE
INSTALL ROCK CONSTRUCTION EXIT
INSTALL ROCK CONSTRUCTION EXIT
APPROXIMATE BURIED PIPELINE
APPROXIMATE EASEMENT
APPROXIMATE WELL
APPROX. 165' ELECTRIC
TRANSMISSION LINE
EASEMENT
3/22/233/22/23
3/22/23
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Drawn:
Designed:
Date:
BLP
BLP
15650 36TH AVE N
SUITE 110
PLYMOUTH, MN 55446
TEL (952) 346-3900
FAX (952) 346-3901
CARLSONMCCAIN.COM
BLP1 RECLAMATION PLAN
POLLUTION PREVENTION PLAN
FRATTALONE COMPANIES, INC.
3205 SPRUCE STREET, ST. PAUL, MN 55117
BERGER PIT
ROSEMOUNT, MN
PROPOSED SILT FENCE
LEASE BOUNDARY
TOPOGRAPHIC MAJOR CONTOUR (10' INTERVAL)
TOPOGRAPHIC MINOR CONTOUR (2' INTERVAL)
880
EXISTING OVERHEAD ELECTRIC
LEGEND
APPROXIMATE WOODS
MINING BOUNDARY
NEIGHBORING PARCELS/SUBDIVISIONS
PROPERTY BOUNDARY
GRAVEL ROADWAY
4
of
7
DESCRIPTIONREVDATEBYI 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
Print Name:
Signature:
Date:License #:
APPROX. ELECTRIC
TRANSMISSION LINE
IRRIGATION BOOM
RADIUS
LEASE BOUNDARY
4H
:
1
V
3H:1V RECLAMATION
SLOPE
RECLAMATION MAJOR CONTOUR (10' INTERVAL)
RECLAMATION MINOR CONTOUR (2' INTERVAL)
930
3H
:
1
V
2%
2%
2%
~6
%
NOTES:
1.INSTALL SILT FENCE, AS NECESSARY, ALONG ALL DOWNSTREAM PERIMETERS OF
RECLAMATION ACTIVITIES.
2.ALL TEMPORARY ACCESS ROADS SHALL BE SALVAGED AND REMOVED FROM THE
SITE.
3.ALL RECLAIMED AREAS SHALL RECEIVE A MINIMUM OF 6" OF TOPSOIL.
APPROXIMATE BURIED PIPELINE
APPROXIMATE EASEMENT
Brannon L. Peterson, PE
58910
ISSUED FOR PERMIT APPLICATION
APPROXIMATE WELL
APPROX. 165' ELECTRIC
TRANSMISSION LINE
EASEMENT
3/22/233/22/23
3/22/23
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