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HomeMy WebLinkAbout5.c. Request by Shafer Contracting to Renew their Mineral Extraction Permit for 2014 ROSEIVIOUI\1T EXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Date: November 26, 2013 Tentative City Council Meeting Date: December 17, 2013 AGENDA ITEM: Case 13-37-ME Request by Shafer AGENDA SECTION: Contracting to Renew their Mineral Public Hearing Extraction Permit through 2014. PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 5.c. ATTACHMENTS: Site Map; Draft 2014 Mineral Extraction Permit; Shafer 2014 Permit Renewal APPROVED BY: Request Letter; Current Operations / Reclamation Status Map; Proposed 2014 0/* Operations / Reclamation Map; Well and Boring Sealing Record. RECOMMENDED ACTION: Motion to recommend the City Council renew the Shafer Mineral Extraction Permit for 2014, subject to the terms and conditions in the attached 2014 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 135th Street East and 1/4 mile west of Rich Valley Blvd. (County Road 71). BACKGROUND Applicant and property owner: Shafer Contracting, Co. Inc. Location: '/a mile west of Rich Valley Blvd., 1 mile north of 135`h Street East (County Road 38). Area in acres: 93 acre total area, 15 acres active in the western 100 feet of Phase 4 and all of Phase 5. Comp Plan&Zoning: Agriculture Extraction progress: Phase 5 out of 7 (approximately 60% complete). Nature of request: Annual renewal. Shafer has been working on the site since 1998 and owned the property since 2000. Through September 30,2013, Shafer had removed and paid aggregate taxes on 123,955 cubic yards of sand. Shafer had removed 120,569 cubic yards aggregate in 2012 and no aggregate in 2011. Shafer hauled back 29,274 cubic yards of clean fill in 2013. Shafer is currently removing aggregate from the western 100 feet of Phase 4 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 870 elevation in phase 2. In 2006, the City Council approved the 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 the haul back operations to confirm that they are meeting the requirements of the permit. Shafer expects the I-694 reconstruction project in Arden Hills will be completed in early 2014 and the amount of aggregate product and haul back material will decrease from 2013 unless Shafer lands a new MnDOT project in the metro area or in southern Minnesota. Staff conducted a site inspection on October 29. 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 2013. At last year's review, Gary Ista and Joan Schnieder testified during the public hearing expressing concern that Mr. Ista's well tested positive for total coliform. A second test was conducted by Dakota County and no coliform was discovered. No coliform was detected when Shafer tested Mr. Ista's well this year. Shafer sealed their well this year on April 16, 2013. Shafer has stated that Ms. Schnieder declined testing of her well. Staff emailed both Mr. Ista and Ms. Schneider twice to ask if they had any concerns regarding the Shafer mine. Neither email was replied to. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2014. 2 Shafer ; A"� „ 9 n r $ a ' g , ,,:,...4 I iiiil. (...., , Aillio Ilk. , SHAPER — yr ;. ".} a ._.. �; iR! " �^ „,,k.1, 'i 4, 1,2"‘", 41 ,A i ' ..,' !.., . N.- ,,,, :- . , s,.... , ,,,,,,„.,,,„., ‘,.\., ,,,- , . , .r tx4,,... _....., a' r ze,,....15, .tiTtlf j; V It • ` .,,`,4 MKr{. PI + ,4,,,L0,4 0e )1 „. ",'„,i'. At , .....;. '..0:, 4t A/I, - ,;,,,'" , • its `. .. .. + <..M .". i jj .� , W S b:t• r f i , ,' ./.., r ' n .5;... 1 " 1. {Jtj i . . 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. 11/21/2013 Small Scale Mineral Extraction Permit 20143 Conditions for Small Scale 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 western 100 feet of middle 550 feet of Phase 3 and Phase 4 and allthe 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 550 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, 20143 until December 31, 20143 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. 20143 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. (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and I 20143 Mining Permit Shafer Contracting 3 of 6 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, 20143 until July 31, 20154. 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 ($1,500,000.00) Dollars for injury or death of more than one person arising out of any one occurrence and damage liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00)Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 20143 until July 31, 20154. 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. 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 I 20143 Mining Permit Shafer Contracting 4 of 6 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. T. 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. U. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. V. 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. W. 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. • 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, U and V; 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 I 20143 Mining Permit Shafer Contracting 5 of 6 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. FF. The City of Rosemount shall have the ability to collect independent soil and water samples. GG. The on site well shall not be used. The wel . :: . . •: . :. . - - licensed well contractor in accordance with all County and State regulations by May 1, 2013. I 20143 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 October 30,2013 Ms.Kim Lindquist Mr.Eric Zweber City of Rosemount 2875 145th Street West Rosemount,MN 55068-4997 Re: Mineral Extraction Permit 12500 Rich Valley Blvd. Dear Ms. Linguist&Mr.Zweber: I have enclosed the Mineral Extraction Permit Application form for the year 2014 along with a check for$370.00 and two sets of address labels for the adjacent property owners. We request renewal of the conditions approved by City Council at their December 18, 2007 meeting,including the"haulback"provisions. Also,we request the expansion of our permit to include the entire Phase 5 area. The Reclamation Area shown in green on the attached plan sheet will be completed prior to the suspension of construction activities this fall and is larger in size than the requested expansion. We will submit to you a six month activity report under a separate cover letter. Our insurance coverage renews in January and the City will receive a new certificate at that time. The required surety bond is in force and continues until released by the City. We ask that our application be placed on the earliest scheduled planning commission and Council meetings. Please call me at 651-257-5019 should you have any questions. Yours very truly, SHAFER CONTRACTING CO.,INC. BY: _ - Frank J. 'Iss III Encl. 30405 Regal Avenue, P.O. Box 128 • Shafer, MN • 55074 Phone: 651-257-5019 • FAX: 651-257-3778 An Equal Opportunity Employer s4_ e4d4t9 October 30,2013 Mr.Eric Zweber City of Rosemount 2875 145th 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 30th we removed approximately 120,569 of sand and paid aggregate taxes for that material to Dakota County. Through September 30th 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 per condition GG of our Mineral Extraction Permit the well was sealed on March 21, 2013. We have had no complaints from adjoining properties. The Ista well was sampled on September 30, 2013. Ms. Joan Schneider did not respond to requests to schedule a time to test her well. Ms. Schneider,through Mr. Gary Ista, declined to have her well tested this year. The results of the Ista well test 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: Frank J. Weiss II Encl. 30405 Regal Avenue, P.O. Box 128 • Shafer, MN • 55074 Phone: 651-257-5019 • FAX: 651-257-3778 An Equal Opportunity Employer 45446et eopatacti,09 ea„ r- October 3,2013 Mr.Eric Zweber City of Rosemount 2875 145th Street West Rosemount,Minnesota 55068 Re: Minerial Extraction Permit 12500 Rich Valley Blvd Haul Back Information S.P. 6285-135 Dear Mr.Zweber: Enclosed are density test results and quantity tabulations for haul back material. If you have any questions,please contact me at 651-257-5019. Yours very truly, SHAFER CONTRACTING CO.,INC. By: Frank J. Weiss I Encl. 30405 Regal Avenue, P.O. Box 128 • Shafer, MN • 55074 Phone: 651-257-5019 • FAX: 651-257-3778 An Equal Opportunity Employer Job No. :802 S.P. 6285-135 T.H. 694 in Ramsey County Common to Johnson Pit Through 09/20/13 Date Cubic Yards 07/08/13 1,834 07/09/13 350 07/10/13 2,366 07/11/13 2,562 07/12/13 2,128 07/13/13 84 07/15/13 2,342 07/16/13 1,764 07/17/13 2,534 07/18/13 1,976 07/19/13 1,666 07/22/13 2,016 07/23/13 2,100 07/24/13 2,030 07/25/13 2,319 07/26/13 812 07/29/13 231 08/01/01 160 Total 29,274 cm ..5 (1. = • I --- i il r N -" %�� r/-� i A 11 r�,. -----N r te( I/ ti >.; 9) 0. co , +1, , fj VI ...4 .,/. ..-..ill il'iy1}11\Ir.e_.< 5-1. \c/i)1.,(;.: ',c;:, ' i ' i f rt, f� i i • 0 1 it ai r I. • j. ii, , � 1 'uJ`J ;� „. ...• ;. . ! :i �l! _� irk 1 • i '1 i �� > ,� ,' jam % �'d��' � � \c 1.; \, ( ;\ . ..., ./////e ( � / �. kv. c i / �—� � , ✓ J �` t 4 r,---4*CA" .-,,\"+ii I i 111"4t-'..H' 11‘ 4.-)1*/ ll C-'1114/ __' '.9.' -k . , ...- -;, tu . ,..-_--.<%::----),' , ') I fp)! ir___,_,;! i i i ' ' / ' '---.. 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WELL OR BORING LOCATION MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Boring H 307161 WELL AND BORING SEALING RECORD Minnesota No. o County Name Minnesota Unique Well No. i I Minnesota Statutes,Chapter 1031 or W-series No. ;1748755 Dakota 0....a..k11 ,.a.., Township Name Township No.'Range No. Section No. Fraction(sm.—.Ig.) Date Sealed Date Well or Boring Constructed Rosemount 115N 19'.7. 14 . foq otyi 147 4/16/13 .. . 716/0.7 . GPS Latitude degrees minutes seconds Depth Before Sealing 74� It. Original Depth 245 _ft. LOCATION: Longitude degrees..___ minutes seconds AOUIFER(S) STATIC WATER LEVEL Numerical Street Address or Fire Number and City of Well or Boring Location Crk Single Aquifer ❑Multiaquifer 7/6/07 1 2500 Rich Valley i Bllet. Rosemount WELL/BORING on Measured ❑Estimated Date Measured_ _ ❑Water-Supply Well ❑Monit.Well Show exact location of well or boring Sketch map of well or boring n in section grid with°X" location,showing property ❑Env.Bore Hole ❑Other_ T It. Q]below ❑above land surface N lines,roads,and buildings. CASING TYPE(S) TAT IR ' I T J Steel ❑Plastic ❑Tile ❑Other .111111111—}—. u1GLL 'WELLHEAD COMPLETION ���_____ T�l �/ ff Outside: ❑Well House ❑At Grade Inside: ❑Basement Offset f Mile []Pilless Adapter/Unit ❑Buried ❑Well Pit 1 '� ❑Buried S G❑ Well Pit ( t Mae I Gtr E Q 11A1 Other well seal ❑Other PROPERTY OWNER'S NAME/COMPANY NAME CASING(S) Shafer Contracting Co., Inc.1 Diameter Depth Set in oversize hole? Annular space initially grouted? Property owner's mailing address it different than well location address indicated above 6 in.from 0 to 120 ft. ®Yes ❑No jE Yes ❑No ❑Unknown `'.L. 707 133 in.from to ft. ❑Yes ❑No ❑Yes ❑No ❑Unknown in.from to ft. ❑Yes ❑No ❑Yes ❑No ❑Unknown WELL OWNER'S NAME/COMPANY NAME SCREEN/OPEN HOLE Saxe Well owner's mailing address it different than property owners address indicated above Screen from to ft. Open Hole from 1:� to 7 r?5 _ft. OBSTRUCTIONS ❑Rods/Drop Pipe ❑Check Valve(s) ❑Debris ❑Fill R]No Obstruction Type of Obstructions(Describe)__ GEOLOGICAL MATERIAL I COLOR I HARDNESS OR I FROM I TO Obstructions removed? I i Yes ❑No Describe _ FORMATION If trot known,indicate estimated formation log from nearby well or boring. PUMP Type 7.:3 1:1.. ..... ;'v'rsibla .3.?'.., •r r J'r1 7,1-717,:n1 >i i r I; 11 7,iii,Removed Pi Not Present `ii Other t' : -`.=ia'.'}!'1? °71!0: ?,r31"( 1 1 5 '7,:f. METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS,OR CASING AND BORE HOLE: i l No Annular Space Exists 7 i Annular Space Grouted with Tremie Pipe -Casing Perforation/Removal ___ .in.from__ to _ ^_N. _'Perforated j_]Removed in.from to it. i7 Perforated ❑Removed Type of Perforator_ - I Other GROUTING MATERIAL(S) (One bag of cement=94 lbs.,one bag of bentonite=50 lbs.) .~ � �49 ft. _ .?CGroutin 9 Material .'=` ` " '"�'-"1v _ from �.l _ yards_ . bags _ from to ft., yards__ bags ___ __, from_ _ to It.__.__._.._. yards__ bags OTHER WELLS AND BORINGS REMARKS,SOURCE OF DATA,DIFFICULTIES IN SEALING Other unsealed and unused well or boring on property? ❑Yes e No How many?_._,__ _ _ LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or boring was sealed in accordance with Minnesota Rules,Chapter 4725.The information contained in this report is true to the best of my knowledge. .:Sts_13ot:t •'TE I 7...'1 F tag, Inc.!. 1461 .. Licensee Business Name License or-Regi rration.Ne........,..•f ) �' 1 j`.. :/ j „ ,e ?1 4/16/13 y /'.L ( /- -i4',._.fr-:%r' Certified Representative Signature Certified Rep.No .Date ?aul Carlson IMPORTANT-FILE WITH PROPERTY H -3,(11 1 C. PAPERS"WELL OWNER COPY c _. -:" Name of Person Sealing Well or Boring HE-01434-13 IC#140-0423 5.12R •