HomeMy WebLinkAbout5.a. Request by Shafer Contracting to Renew their Mineral Extraction Permit for 2013 9 ROSEMOUNT EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: November 27 and December 11, 2012
Tentative City Council Meeting Date: January 15, 2013
AGENDA ITEM: Case 12 -33 -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.a.
ATTACHMENTS: Site Map; Draft 2013 Mineral Extraction
Permit; Airport Area E Soil Sampling APPROVED BY:
Results; Airport Area E Map; EPA
Information Regarding E Coli; Shafer
2013 Permit Renewal Request Letter; I
Current Operations Reclamation Status
Map; Proposed 2013 Operations
Reclamation Map.
RECOMMENDED ACTION: Motion to recommend the City Council renew the Shafer
Mineral Extraction Permit for 2013, subject to the terms and conditions in the attached
2013 Draft Conditions for Mineral Extraction.
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 1 /4 mile west of Rich Valley Blvd. (County
Road 71).
NOVEMBER 27 PUBLIC HEARING
The Planning Commission conducted a Public Hearing for the Shafer Small Scale Mineral
Extraction Permit on November 27, 2012. Two residents, Gary Ista and Joan Schnieder, spoke
during the public hearing. Mr. Ista stated that after testing his well there was total coliform and E.
Coli detected and that he requested that the permit be withheld until the issue can be addressed. Ms.
Schnieder stated that she has sediment in her water, the trucks haul material very shortly after the 7
a.m. start time of the mine, and that Shafer is bringing material in from the airport. Following the
testimony, the Planning Commission tabled the permit request until December 11 to allow staff to
discuss these concerns with the residents and determine how these issues may be addressed by
Shafer through the permit.
Information regarding Issues Raised in the Public Testimony
Staff has provided information in the packet from the Environmental Protection Agency (EPA)
regarding E Coli contamination. The information says that E Coli comes from either human or
animal waste. Staff contacted Jeff Luehrs of Dakota County to discuss E Coli contamination of
private wells. Mr. Luehrs indicated that positive reading of E Coli is usually either an issue with the
wellhead (allowing surface water, rodents, or insects to access) or an infection in the plumbing
system in the house. Staff asked if the mining site could be source of the E Coli and Mr. Luehrs
indicated that is unlikely. Mr. Luehrs stated that it is even unlikely that a septic system located 50
feet from a well is an unlikely source because the bacteria cannot travel through the soil that
distance, therefore the mine site over 1,000 feet from the Ista property would not be the source of
the contamination. Mr. Luehrs visited Mr. Ista's home on Thursday, December 6 to collect some
water samples for testing and to inspect the plumbing to look for likely locations for the
contamination. It is unlikely that the new test results will be available by December 11, but staff will
continue monitoring the situation and provide updates as they arise.
On Monday, December 3, staff met with Amy Bergquist (Gary's wife), Gary Ista, Joan Schnieder,
Frank Weiss from Shafer, and Rick Pennings from American Engineering Testing (AET) to discuss
the issues that arose during the Public Hearing. Staff discussed the E Coli issue and the discussion
with Mr. Luehrs that the gravel mine is an unlikely source of contamination. Mr. Pennings, who
performed both Shafer and Ista's water testing, concurred with that assessment. Staff discussed the
offer by Mr. Luehrs to assist in locating the source of the E Coli contamination.
The discussion transitioned to the material brought into the mine from the airport. It was clarified
that the material brought to the site was concrete from the Terminal 2- Humphrey fuel facility
relocation, referred to by the airport as Area E. No soil was brought into the site as haul back, only
concrete was brought to the mine to be recycled into RAP (recycled aggregate product). While, the
concrete itself cannot be tested in the same manner as soil is for contamination, Shafer has provided
the test results of the soil under and adjacent to the concrete in Area E. This would be the soil
adjoining the concrete that was brought to the mine. The soil testing shows that the soil was not
contaminated. Test results and map of the Area E project are attached to this Executive Summary.
The RAP will be sold in the future and transported out of the mine after the sale. Staff pointed out
that the RAP was addressed on the exhibits of the mining permit and is addressed in Condition V of
the permit. Staff indicated that the hauling of concrete is permitted and that Shafer is in compliance
with the 2012 permit conditions. Staff also discussed that RAP is a standard industry practice and
that other mines within Rosemount process RAP.
The recycling of asphalt and concrete are identified as beneficial uses of solid waste within
Minnesota Rule 7035 because if the aggregate or concrete was not recycled, then it would need to be
deposited into a construction and demolition landfill. Staff discussed the management of RAP with
solid waste staff at the MnPCA and if concrete or asphalt would be a conduit to transport
contamination. PCA staff stated that it is unlikely that unpainted asphalt and concrete carry any
contaminants due to their impervious nature. Concrete would be considered contaminated if it had
a surface of lead paint (because the lead paint is a contaminant) but that it would not be
contaminated if it had a non -toxic latex paint. PCA staff also had reviewed the issue of plane de-
icing and found that the glycol used in de -icing planes should not be an environmental concern
because the glycol breaks down to a non -toxic level within weeks.
Ms. Schnieder stated that she was unsatisfied with the staff responses at the Public Hearing. She
knows the City doesn't formally regulate the well at the mine but feels because the City regulates the
mining; the City also can regulate the well at the mine site. Shafer stated that the well will be capped
and abandoned this spring and therefore the well will no longer be included with the permit and
therefore could no longer have any impact on Ms. Schneider's well. A condition has been added to
the permit that requires that the Shafer well be abandoned by May 1, 2013.
2
Modifications to the Permit since November 27
Based on Commissioner Demuth's request, staff has added Condition FF which allows the City to
collect independent soil and water samples.
Staff has added condition GG that prohibits Shafer from using the on -site well and requires that the
well is capped and abandoned by May 1, 2013. Shafer agrees with this condition.
Staff believes that the recycled aggregate products are being handled in accordance with industry
practice and as required in Condition V. Staff has not added any additional conditions regarding
RAP in the permit.
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 not removed any 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.
3
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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 55380 feet of Phase 32
and Phase 4', le i
Phase 4, 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.
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.
1 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 [el]: State insurance standards have
more than one person arising out of any one occurrence and damage liability in an increased
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.
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.
P t Comment [e2]: DC SWCD no longer has this
requirement.
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.
UV. The Property Owner must show how materials stockpiled for recycling will be
processed and inform the City of all stockpiled materials.
1 VW.A11 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.
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, UAL 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.
I FE. 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.
Formatted: List Paragraph, Line spacing:
FF. The City of Rosemount shall have the ability to collect independent soil and water single, No bullets or numbering, Tab stops:
Not at 0.81"
samples, Formatted: Line spacing: single, No
widow /orphan control, Don't adjust space
14GG. The on -site well shall not be used. The well shall be capped and abandoned between Latin and Asian text, Don't adjust
by licensed well contractor in accordance with all County and State regulations by space between Asian text and numbers, Tab
May 1, 2013.
stops: Not at 0.81"
Formatted: Font: (Default) Garamond
Formatted: List Paragraph, Line spacing:
single, No bullets or numbering, Tab stops:
Not at 0.81"
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
AMERICAN CONSULTANTS
A ENVIRONMENTAL
ENGINEERING GEOTECHNICAL INC. TESTING, MATERIALS
FORENSICS
May 10, 2012
Shafer Contracting Company, Inc.
P.O. Box 128
Shafer, MN 55074
Attn: Mr. Brad Mattson
RE: Environmental Soil Screening and Sampling
Terminal 2- Humphry Fuel Facility Relocation (Area E)
MAC Contract No. 120 4 006
Minneapolis /St. Paul International Airport
Shafer Job No. 806
AET Project No. 03 -04254
Dear Mr. Mattson:
Following is a report of Environmental Soil Screening and Sampling activities performed on
May 2, 2012, within Area E of the Terminal 2- Humphrey Fuel Facility Relocation project at
Minneapolis -St. Paul (MSP) Airport. These services were accomplished with a series of test pits
from which soil samples were collected to characterize soils planned for excavation. These
services were performed in accordance with AET Proposal No 03 -04254 and the Testing and
Disposal Plan for this project.
Scope of Service
AET performed the following scope of services for this project:
Six test pits (TP -1 through TP -6) were excavated at selected locations (about 100' apart)
within the project area. Figure 1 depicts the approximate test pit locations.
Soil from within each test pit was screened at approximately 2' intervals with a
photoionization detector (PID) equipped with a 10.6 eV lamp. Soil screening was
performed in accordance with the attached "General Environmental Sampling Methods."
The soil was also observed for physical evidence of contamination, and the soil
descriptions were recorded.
One soil sample was collected from each of test pits (TP -1, TP -3, TP -4 and TP -6) and
submitted for laboratory analysis. Each soil sample was analyzed for diesel range
organics (DRO) silica gel cleanup method, total petroleum hydrocarbons as jet fuel
(TPH jf) silica gel cleanup method, ethylene glycol, propylene glycol, the eight RCRA
metals and pH. The soil samples collected from TP -3 and TP -4 were also analyzed for
gasoline range organics and the petroleum constituents of benzene, ethyl benzene,
toluene and xylene (GRO- BETX).
This report was prepared.
550 Cleveland Avenue North 1 St. Paul, MN 55114
Phone 651-659-90011 Toll Free 800 972 -63641 Fax 651-659-13791 www.amengtest.com I AA/EEO
This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc.
Shafer Contracting
AET Project No. 03 -04254
May 10, 2012
Page 2 of 3
Soil Description
The soil descriptions are shown on the attached Soil Screening Data Sheet.
Soil Sample Screening Results
Soil samples were collected from within the test pits and screened with a PID for the presence of
organic vapors. These soils were also observed for physical characteristics and indicators of
contamination. The attached Soil Screening Data Sheet shows the results of our PID field
screening.
No indicators of contamination such as odors or staining were noted within the test pits.
No PID readings above the background level (0.0 part per million) were not detected
within the soil samples collected.
Laboratory Analytical Results
Soil samples TP #1 (1 -3'), TP -3 (2 -4'), TP#4 (1 -2') and TP #6 (0 -2') were collected from the test
pits and submitted for laboratory analysis on May 2, 2012. These soil samples were placed in
laboratory- cleaned glass jars with teflon -lined lids and delivered to Legend Technical Services,
Inc. (Legend). The soil samples were submitted within prescribed holding times and
accompanied by a chain -of- custody form. All soil samples were analyzed for DRO, TPH-jf,
ethylene glycol, propylene glycol, RCRA metals and pH. Soil samples TP #3 (3 -4') and TP#4 (1-
2') were also analyzed for GRO -BETX.
Legend's analytical report is attached. Table 1 contains a summary of the laboratory results.
The following also summarizes the laboratory results.
DRO, TPH-jf, ethylene glycol and propylene concentrations were not detected above the
laboratory reporting limit (RL) within the samples submitted for analysis. Additionally,
GRO -BETX concentrations were not detected above the laboratory RL within samples
TP #3 (3 -4') and TP #4 (1 -2').
Laboratory analysis for the eight RCRA metals of the six soil samples submitted for
analysis revealed metal concentrations of arsenic, barium, chromium and lead within the
range of these elements found to occur in natural soil and at or below the MPCA's
Residential Soil Reference Values (SRVs). Concentrations of cadmium, selenium,
silver and mercury were not detected above the laboratory RL.
Laboratory analysis for the pH of soil samples revealed pH readings from 7.7 to 8.5
standard units.
Shafer Contracting
AET Project No. 03 -04254
May 10, 2012
Page 3 of 3
Discussion and Conclusion
Based on field observations and laboratory analysis the soil within these test pits are not
considered impacted.
Closure
We appreciate the opportunity to have been of service to you on this project. If you have any
questions regarding the information presented in this report, or if we can be of additional service,
please contact Rich Lowe at 651- 659 -1316.
Sincerely,
American Engineering Testing, Inc.
A.D.Lowe
Senior Environmental Scientist
Attachments: Table 1 Analytical Results
Figure 1— Test Pit Locations
General Environmental Sampling Methods
Soil Screening Data Sheet
Legend's Analytical Report
CC: Liesch Associates, Inc. Attn: Tom Orr
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L E G E N D 88 Empire Drive
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Technical Services, Inc. Tel: 651 642 -1150
Fax: 651 642 -1239
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Legend Technical Services, Inc. The results in this report apply to the samples analyzed in accordance with
the chain of custody document. This analytical report must be reproduced
in its entirety.
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INFORMATION FROM ENVIRONMENTAL PROTECTION AGENCY (EPA) WEBSITE
Basic Information about E. coli 0157:H7 in Drinking Water
Introduction
One of hundreds of strains of the bacterium Escherichia coli. E. co /i O1 57:H7 is an emerging cause of
foodborne and waterborne illness. Although most strains of E. coli are harmless and live in the
intestines of healthy humans and animals, this strain produces a powerful toxin and can cause
severe illness.
E. coli 01 57:H7 was first recognized as a cause of illness during an outbreak in 1982 traced to
contaminated hamburgers. Since then, most infections are believed to have come from eating
undercooked ground beef.
However, some have been waterborne. In 1999, people became sick after drinking contaminated
water in Washington County, New York and swimming in contaminated water in Clark County,
Washington.
Information about the health effects of E. coli Ol 57:H7, and actions you can take to protect yourself
and your family from E. col/ infection is provided below.
Questions and Answers
What is E. coli and where does it come from?
E. coli is a type of fecal coliform bacteria commonly found in the intestines of animals and humans.
E. coli is short for Escherichia coll. The presence of E. coli in water is a strong indication of recent
sewage or animal waste contamination. Sewage may contain many types of disease causing
organisms.
What are fecal coliforms?
Fecal coliforms are bacteria that are associated with human or animal wastes. They usually live in
human or animal intestinal tracts, and their presence in drinking water is a strong indication of
recent sewage or animal waste contamination.
How does E. coli or other fecal coliforms get in the water?
E. coli comes from human and animal wastes. During rainfalls, snow melts, or other types of
precipitation, E. col/ may be washed into creeks, rivers, streams, lakes, or ground water. When these
waters are used as sources of drinking water and the water is not treated or inadequately treated, E.
coli may end up in drinking water.
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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 eastern 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:
/O
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
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