HomeMy WebLinkAbout5.b. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2013 4 ROSEMOUP IT EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: November 27, 2012
Tentative City Council Meeting Date: December 18, 2012
AGENDA ITEM: Case 11 -30 -ME Request by Shafer AGENDA SECTION:
Contracting to Renew their Mineral
Extraction Permit through 2013. Public Hearing
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO.
5.b.
ATTACHMENTS: Site Map; Draft 2013 Mineral Extraction
Permit; Shafer 2013 Permit Renewal APPROVED BY:
Request Letter; Current Operations
Reclamation Status Map; Proposed 2013 1(1(-/
Operations Reclamation Map.
RECOMMENDED ACTION: Motion to recommend the City Council renew the Shafer
Mineral Extraction Permit for 2013.
ISSUE
Shafer Contracting has applied for the annual renewal of the mineral extraction permit for their
property located one mile north of 135` Street East and '/a mile west of Rich Valley Blvd. (County
Road 71).
BACKGROUND
Applicant and property owner: Shafer Contracting, Co. Inc.
Location: 1 /4 mile west of Rich Valley Blvd., 1 mile north of 135 Street
East (County Road 38).
Area in acres: 93 acre total area, 15 acres active in the middle 500 feet of
Phases 3 and 4 and the eastern 220 feet of Phase 5.
Comp Plan Zoning: Agriculture
Extraction progress: Phase 5 out of 7 (approximately 55% complete).
Nature of request: Annual renewal.
Shafer has been working on the site since 1998 and owned the property since 2000. Through
September 30, 2012, Shafer had removed and paid aggregate taxes on 120,569 cubic yards of sand.
Shafer had removed no aggregate in 2011 and 104,132 cubic yard in 2010. Shafer hauled back
123,955 cubic yards of clean fill in 2012.
Shafer is currently removing aggregate from the eastern 220 feet of Phase 5 and depositing haul back
material in the middle 500 feet of phases 3 and 4. Haul back operations have a low elevation of 845
feet in phase 4 and progresses up to an 880 elevation in phase 2. In 2006, the City Council
approved this haul back operation to occur from MnDOT construction projects provided that it is
clean fill material, does not contain organic matter, and meets a 95% compaction threshold. The
haul back material is coming from the I -694 reconstruction project in Arden Hills. Shafer has
submitted test results of these haul back operations to confirm that they are meeting the
requirements of the permit.
Shafer expects the I -694 reconstruction project in Arden Hills to produce a similar demand and
amount of haul back material as was generated in 2012. Staff conducted a site inspection on
October 9. The mining operation appeared to be conducted in compliance with the permit
conditions and no corrections were needed. Staff has received no complaints directly regarding the
Shafer operation in 2012.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the renewal of the Shafer
Contracting, Inc. Mineral Extraction Permit for 2013.
2
Shafer
rri,jk ■P
1...p
rt
0,..,,..
ii ill H. It -1
Shafer i
1 .:E A\ r
i
tt
L l
aia
-e
r pp-
y
t g
to TM
It
Jph t
T`
1 3
y s: w r
0 too w....m.M w e ..a
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch 2001 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 11/19/2012
Mineral Extraction Permit
20132 Conditions for Mineral Extraction Permit Renewal
SHAFER CONTRACTING COMPANY, INCORPORATED
A. Shafer Contracting Co., Inc. (hereinafter "the Property Owner signs a written
consent to these conditions binding itself and its successors, heirs or assigns to the
conditions of said permit.
B. This permit is granted for the area designated as the middle 55350 feet of Phase 32;
and Phase 43, and eastern half of Phase 4, the middle 900 feet of the west half of
Phase 1, and the eastern 220 feet of Phase 5 (19.5 acres), on Exhibit A (Mining
Operation and Phase Plan), which is attached hereto as one of the exhibits. Haul
back activities from Mn/DOT projects are permitted only within the middle 5750
feet of Phase 2, Phase 3, and Phase 4 (19.5 acres), on Exhibit A.
C. The term of the permit shall extend from January 1, 20132 until December 31,
20132 unless revoked prior to that for failure to comply with the permit
requirements.
D. 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.
E. The final grading for the permit area shall be completed in accordance with the
grading plan Exhibit B (Proposed Reclamation and End Use Plan Revised 10 -31-
06), which is attached hereto, or as approved by the City Engineer, and any other
conditions as may be imposed by the City from time to time.
F. All gravel trucks and other mining related traffic shall enter and exit the mining area
from County Road 71 (Rich Valley Boulevard). 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 or the
Minnesota Department of Transportation if applicable or if any changes occur
relative to the mining process. The current location of the access driveway is
indicated on the Phasing Plan. A stop sign shall be installed at the driveway
entrance to County Road 71, in accordance with standards on file with the City or
County Highway Department. Warning signs including "Trucks Hauling" shall be
installed at the Property Owner's expense as needed in accordance with Dakota
County requirements.
1 20132 Mining Permit
Shafer Contracting
2 of 6
G. A plan for dust control shall be submitted to and subject to approval by the City.
The Property Owner shall clean dirt and debris from streets that has resulted from
extraction or hauling operations related to the Mineral Extraction Permit. After the
Property Owner has received 24 -hour verbal notice, the City will 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 City Administrator (or the Administrator's
designee) or Rosemount Police Department, the City may proceed immediately to
complete or contract cleanup at Property Owner's expense without prior notification.
H. 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.
I. 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 indicated on Exhibit C (Current Operations Map).
J. 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.
K. 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 Administrator 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.
L. 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.
M. The Property Owner shall deposit with the Planning Department a surety bond or
cash deposit in the amount of Seven Thousand Five Hundred Dollars per acre
($7,500.00 /acre) for any active phase 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 agreement and City ordinances by 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.
(2) Satisfactory to the City Attorney in form and substance.
20132 Mining Permit
Shafer Contracting
3 of 6
(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 Administrator (or the Administrator's
designee) or any other City officials.
(4) Conditioned that the Property Owner 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 the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from January 1, 20132
until July 31, 20143.
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.
N. 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, and at least One Million
Five Hundred Thousand and no /100 ($1,5000,000.00) Dollars for injury or death of comment [ell: state insurance standards have
more than one person arising out of any one occurrence and damage liability in an mcreased
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, 20132 until July 31,
20143.
O. No processing or mixing of materials shall occur on the site, except as approved by
the Dakota County Environmental Health Department as incidental to a sand and
gravel mining operation at which time 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 City Council approval and notification of adjacent property owners.
P. 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.
Q. 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.
1 20132 Mining Permit
Shafer Contracting
4 of 6
R. 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 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
this Mineral Extraction Permit.
S. 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.
IT. The Property Owner must have a copy of the Dakota County Soil and Water
Peffilit.1 4 ment. DC SWCD no longer
Comment [e2 D on er has this
re uire
TU. Reclamation requires the replacement of the entire 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 two inches after reclamation. Topsoil for
reclamation shall conform to specifications on file with the City. No restored slopes
may exceed the gradients shown on Exhibit B.
1 UV. The Property Owner must show how materials stockpiled for recycling will be
processed and inform the City of all stockpiled materials.
1 VW.All recycling must be completed within the 280 feet of Phases 2, 3, and 4 as shown
on Exhibit D (Projected Operations/Reclamation Status Map). No recycling
processes shall be allowed to continue into subsequent phases.
1 WX.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 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.
X. 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.
1 20132 Mining Permit
Shafer Contracting
5 of 6
Y. 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 0, CAL and VW; and topsoil imported
for the purpose of re- establishing turf as accepted by the City; and earthen fill
materials from Mn/DOT projects that further meets the requirements of testing in
documents by American Engineering Testing, Inc., and which is used to replace
sand and gravel mined below approved finish grades.
Z. No mining activity will occur below the elevation of 840 feet above mean sea level.
In no instance shall any mining activity occur within a groundwater aquifer.
AA. Shafer Contracting Co., Inc. shall submit quarterly 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 Mn/DOT generated "haul- back" material. These reports shall
be provided within 14 days after the end of the quarter.
BB. Shafer Contracting Co., 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. Shafer Contracting Co., Inc. shall compact the entire reclamation site to a minimum
compaction of 95% of maximum dry density.
DD. Truck operators within the pit area shall not engage in practices involving slamming
tailgates, vibrating boxes, using of "fake" or engine brakes (except in emergency
situations) or other such activities that result in excessive noise.
EE. Fully reclaimed areas will be permanently seeded within 14 days of final
completion. All disturbed non operating areas shall be seeded at a minimum of once
per year, prior to October 1 with Mn/DOT seed mix 130B. Operating areas
including working faces, material stockpiles, haul roads, staging areas, and active
reclamation areas are not required to be seeded.
1 20132 Mining Permit
Shafer Contracting
6 of 6
IN WITNESS WHEREOF, Shafer Contracting Company, Inc. the
Property Owner, hereby consents and agrees to the foregoing conditions of said mining
permit this day of 20_.
Shafer Contracting Co., Inc.
By:
George Mattson, Its President
STATE OF MINNESOTA
ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by George Mattson, President of Shafer Contracting Company,
Inc., the Property Owner, on behalf of the Corporation.
Notary Public
1 a
z gg
Hy
I
1(.1
I Fj gill- 1 tl
y
1 4 ill
F F >'A'� f ca °f. 1__ i SIh; gills
F .'1 `arobirv,` r� i� 'u� %b_ !brit
i /5 loo 1 l
4) a ilbi o
i i A! i r\
n
g
r' ,7,
i r c m
t h
i qq
0 8:,-`,..-- �v W j y 4` I fi i. c/ v� P 1. m
p ti. I 1 n; C FC 1 6 1 v r.,,
R p
1. G z
rte- i” i �.Ea 'S
.7 t A lq t'l I
1- k 1 I k N k m
F, Fes. `I 1 l X i.. g J b A
CD A
1 2 g
a 0068
�1 y
C'
m v '.on
fir i -Z 0 ''s PPM' b
U R �..T.. mo 1 1 1 p 1=4 0 a,
r ►fir l•NV, 9„,. I.MN 1'^-1
A 0 t o Q, P
uj
I -y
al i l' 1 I I f f i `z
z g
•g 1 I I e o a
�"r d I V 1 Q E a
1 m li, 'l l' 1 t e-C *a
i j g I I S u l 3 P FA'
5(( .a
r 7 I I —7.---_, I i� '`I :IP'v r9 S EE
Lf I' II 1 I `a o
Lt. T 1 .I /.1 v 1 N„,-,--: I i1l 1, 1 RE !j
f °I U l 1 ¢3a b j5 °'•r 7 Y i T 5
I z 1` 1 e q Z< 44;' j r r h I ii I ^E C J n'''' j� —a aA I 11
j U 1 .F1 7.,_ p FE f
vw
FR of t' •I r, �2a e
1 1 1 li t 1 T om' 1 c t'
v l 1
'I�'6 c
I P'u u,� II(Ia` /1 E a c� e F E a
4 1. q E V :1's, 1 ,\.p �5 I`} ,c E u E 0 0
i �4 I 11 ;(1i' '�I I 1 II'I z 5 c 5 w d
gg 5 0�
t'I iill';;4 i1 l� c' 1 I j 1 Q 'IJR 11 III'' I
j.l J
wi \'C i i
"\,l I '„dI I
•1l!'�1 ∎1 I'0I q 1 1j ti
°�i ;h• I f rd31 ,1 1 I I 9�
1 1 r 1IS` I' 4t” '1` Ir, Q I i A 1---
u\ I 1 1; r I\ i? 1 1 e II I
I e •reI' a�l �t '�I l 3 c+ r p
I l' ,,11;l I r f tt 11 i 1 I I l i II II I 4 'll _I P. t`
o/ II �rra t r/ IF 5 r Ia I�I 7 1 1 r 1* o
S�
k tlr /i,i� 1�: J ;1 ���4 I h l It o
FF I I is it r O
U t u I 1 1'i�1', I 4;. 1 I I t f 5 i G r
I I CI�I I� �r� .yi' /�f i o
o� it I i,` �1 11 1II 1 Ij11 4\ °F, /,"yn �i� 4,,,,i," ,l m 9 i 1 a O R
II }lY I l 1
th 4 I 1 I 6 II II' I` I'' 11;', 1 7-', i�f° C' �sj j 111;11''1111';4 t 1 p I ,..74 °:3� ��IC o 'w
LL.R, .ill ,I ,te
I
k‘, l l; \7 4 rril y y ;'`'I iri,l }I J} I I x 11 ✓�'1 d l ft
1 A 1 I, n' 1 Bell, (I y Ii''i I1 h' f I m E I j r
I I 4r l? )1,1 I 'I'' I s 2 2 r V
x'`11, 1 41 f, II 1 1
36 '�a Il� i '�t, I (r .z/ u F X
'f�'n' 'I t',11 j
1 1 1 'f 1, 4 e gq 1 11'1 "1 ,1,\,\,1,0 4 11I 1 I'1 Q z 0 I
I 1 C C
if ,.,I' I �1 I) K I a I r r
4j1; �r n, I �j I 1 I 1II�` o L 1_ p P t
m a.
Cni 4_,, -ff k= f to 0,
°r P, W °a o,r_ Q 0 9 i u b v
I.it 0_uaax -voJap Dta tutu MON �v j O .123 a
E m o 0 0 rn u Q-i
1 a a
\.1 -1 a
sly /a
November 1, 2012
Mr. Eric Zweber
City of Rosemount
2875 145 Street West
Rosemount, Minnesota 55068 -4997
Re: Mineral Extraction Permit
12500 Rich Valley Boulevard
Dear Mr. Zweber:
As required by condition "R" of our mineral extraction permit, we are writing to you about our
activities at the site during the past 6 months.
We are currently removing sand from the eastem 220 feet of phase 5.
Through September 30 we removed approximately 120,569 of sand and paid aggregate taxes
for that material to Dakota County.
Through September 30 we have placed 123,955 cubic yards of haul back material which was
reported in detail under a separate cover.
We have not used the Shafer well since 2009 and have had no complaints from adjoining
properties. The Ista and Schneider wells were sampled on August 20, 2012, as has been the
procedure since the implementation of the "haulback" provisions in 2006. The results of the
tests are enclosed.
Should you have any questions, please feel free to contact me at 651- 257 -5019.
Yours very truly,
SHAFER CONTRACTING CO., INC.
BY: I/
rank J. Weiss III
30405 Regal Avenue, P.O. Box 128 Shafer, MN 55074
Phone: 651 257 -5019 FAX: 651 257 -3778
An Equal Opportunity Employer
i li
O
3 z
'Nb 7.-
a Nt W
0
4 4 1
IC o
8 1 i
a
t
4 DA-
el E
J 2 q 4
2 a
I.
i 1
i 1- v
Q
I
(i
n
T 4
o 0Ao
a 2152
pp
s d,o 1
a
L
i x
a F h 1
i F 8° t*s J 1 wg t /(3 til I EL
Li ,f, /17;;. v�:.� l'y H o (2
-::::,,,,,i, i 0 6 ,:-!;-=:,1 0 _w\,v--- \(3
--.4, =-,q,--i !I 1 k C C 1 -1 g a
I i, i if if/2p Th _,7-':- c
i pl.i foo CI
1 il L
i in I
/,____,_,_____-.5.,,, 1..
(1,,,, .\,),,.s..r.,....„,.____:,..,______ /,,,,--___---..„:7,..„:„...„,,,,,,.„..,,1
i
k\` 2 -5-- -T1 '1 s N)
,j, -j ,4 1 f i ,----____z_,-- i
r) r -77
jam 1 r N
I (I/
I 5,' Z_, .2 (lyd,Cc
Z
O
f 9
I i z
i
0
w
N W
a
8
il 0
i
0
"I
J J F II
0
1
E o
0 \`i
1
i d.-
c?, o o
i
I
3/ k Lii
N
kf\ '2" S NI 11,1- c, 8
1 1 _4 _____________A 1 )I'w_ ,i, v
r e 444 i ii
fi t 1 J1 jii
c
V x1 1� o 4
ii
NI
'43
li •zz„,'N.;,•____./,)
E.:,_,i3::.1,_::::):":;:----2-:/\ j�11 ��r.._ iii r �l �J 0 L C.\ 0 1. 1 1 0
,,,_..,-„_;,-______,---.--,--2>--,-„---- 7 f( 1
l l
)\------1 1 c 1 n) r i N
,,/,§L, (�f it