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HomeMy WebLinkAbout6.t. Request by Shafer Contacting to Renew their Mineral Extraction Permit through 2014, Case 13-37-ME 4ROSENS4OUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: December 17, 2013 AGENDA ITEM: Case 13-37-ME Request by Shafer AGENDA SECTION: Contracting to Renew their Mineral Extraction Consent Permit through 2014. PREPARED BY: Eric Zweber, Senior Planner AG '(ND"A NO. ATTACHMENTS: Site Map; 2014 Mineral Extraction Permit; APPROVED BY: Shafer 2014 Permit Renewal Request Letter; Current Operations / Reclamation Status Map; Proposed 2014 Operations / Reclamation Map; Haul Route Plan; 11/27/2013 Email from Joan Schnieder; Schnieder 11/27/2013 Photographs; 12/05/2013 Email from Shafer (Frank Weiss); Weiss 12/03/2013 Photograph; J & R Larson Seeding Invoice; Spring 2010 Aerial Photograph; Spring 2013 Aerial Photograph; Well and Boring Sealing Record; Excerpt of the Draft November 26 Planning Commission Meeting. La1 RECOMMENDED ACTION: Motion to Approve the Renewal of the Shafer Small Scale Mineral Extraction Permit for 2014. ISSUE Shafer Contracting has applied for the annual renewal of their mineral extraction permit for the property located one mile north of 135th Street East and 1/4 mile west of Rich Valley Blvd. (County Road 71). NOVEMBER 26 PUBLIC HEARING The Planning Commission conducted a Public Hearing for the Shafer Small Scale Mineral Extraction Permit on November 26. Joan Schnieder spoke during the public hearing. Ms. Schnieder stated that she is impacted by the Shafer mine due to dust, noise including tailgate banging and back up alarms, and the lack of reclamation. Ms. Schnieder stated that the area supposed to be reclaimed is a big hill of dirt with no grass and that Shafer is operating in three phases with no reclamation. No other residents spoke during the public hearing. Following the public hearing, Chair Powell asked if staff or the police had received any calls or complaints this year related to the Shafer mine and if the MPCA had regulations regarding restoration of disturbed soils. Staff responded that there have been no complaints received since last year's public hearing and that staff sent two emails each to the Ms. Schnieder and the Gary Ista/Amy Bergquist household asking if there were any concerns relating to the mine. There was no response to either email. Staff explained that the MPCA requires that disturbed areas be seeded and established within 14 days of finished grading. Staff also stated that staff had inspected the site on October 29 and has done six inspections in the last three years. During each inspection,all the areas that were not permitted for mining or haulback had been vegetated and were not bare dirt. Commissioner Weber asked about the restrictions to tailgate slamming. Staff explained that the haul route for trucks is a circular pattern that does not require trucks to back up,but that the front end loader that loads the truck does have a back up alarm that is used during operation. Staff explained that there is a possibility that tailgates bang when a typical dump truck drops off the haulback material,but that the majority of trucks at the mine during inspections are side dump or bottom dump trailers that would not have tailgates to slam. It is recognized that staff is not at the site often and there could be other trucks at the site, on occasion,that might cause noise. Commissioner Husain asked if Shafer had a dust suppression plan and requested clarification of the berming plan for surrounding the site. Staff stated that Shafer has a dust suppression plan that was approved during the 1998 environmental assessment worksheet (EAW) that includes water trucks and calcium chloride. Staff also stated that Shafer has gone beyond the City Code requirements by placing recycled asphalt along the entire length of the entry drive to reduce dust. Staff reviewed the surrounding berm,particularly those to the northeast closest to Ms. Schnieder's house. Staff showed the reclamation elevation of the mine is about 30 feet lower than Ms. Schnieder's property and that bottom of the mine is about 75 feet lower. Commissioner Husain asked if the water testing done last year by Shafer and Dakota County were done independently. Staff explained that the water tests were done independently. Shafer conducted the water test before last year's meeting that found coliform and then Dakota County tested the water after the meeting and did not find coliform. Staff also stated that no coliform was detected during Shafer's water testing for this year. Chair Powell stated that many of the issues raised by Ms. Schnieder are addressed within the permit and that no complaints were received during this year before the public hearing. Chair Powell stated to the audience that issues or complaints regarding the mine should be called into the City or the police when they occur so that the City can investigate and resolve any issues as they arise. The Planning Commission recommended approval of the mineral extraction permit without any changes to the conditions on a 4 to 0 vote. Commissioner Kurle was absent from the meeting. Information Provided Since the Public Hearing Following the City Council meeting, Ms. Schnieder sent an email to the City Council expressing concern about staff's responses to her comments during the Planning Commission meeting. Ms. Schnieder's email includes three issues: addressing un-reclaimed areas,requesting additional inspections to observe the tandem dump trucks, and what is the "special" phone number that residents can call with complaints. To assist in addressing this email and the comments raised at the public hearing,Frank Weiss of Shafer Contacting emailed an update of activities at the mine since the staff inspection on October 29. Both emails and the photographs taken by Ms. Schnieder and Mr.Weiss are provided as attachments to this executive summary. 2 Reclamation Ms. Schnieder provided photographs taken from the north property line of the mine looking south. The photographs show a hill covered with topsoil adjacent to the north property line and a slope on the far southwest end of the mine that has bare topsoil. This is expected and is shown on the 2013 Current Operations Map as the reclamation area (in green) adjacent to the north property line and the interim stabilized slopes (in orange) on the southwest side of the mine. During staff's inspection on October 29, the north area was compacted haulback material with no topsoil and adjacent to a vegetated berm,while southwest area was unmined sand adjacent to a vegetated berm. Since the inspection, Shafer had cut into the berm (which is made of the topsoil that was overburden originally over the mining area) and spread the topsoil over the compacted haulback material to provide the soil necessary for the grass seed to establish. Shafer provided the timeline of this activity in the email from Frank Weiss. Shafer spread the topsoil between November 11 and November 22 and then hired J & R Larson to seed the topsoil on December 5. MPCA rules requires that the soil be seeded within 14 days of the completed grading and is also required in condition AA of the mineral extraction permit. Shafer's timeline established and seeded the reclamation area within 10 days. Additionally, the seeding invoice from J&R Larson is attached along with aerial photographs of the mine in the spring of 2010 and 2013. The aerial photos shown that the berms surrounding the mine are vegetated and that the area in the northwest (nearest Ms. Schnieder) has been reclaimed since 2010. Since Shafer was not able to seed the reclamation area by October 1, Shafer will be responsible to reseed any areas that do not establish next spring. Dust Shafer stated in its email that they used approximately 375,000 gallons of water and conducted 184 hours of street sweeping for dust control. Additionally, the email describes the 3,000 tons of recycled asphalt that were installed on the entry drive. Dust should further be reduced when the vegetation establishes on the northern reclamation area that was seeded on December 5. Back-up Alarms Shafer states in their email that their equipment does have back-up alarms as required by OSHA and that the mining face is 1,800 from Ms. Schnieder's house. They calculate that this distance would reduce the sound to less than normal conversation volume. As the mining progresses west,the noises at Ms. Schnieder's house should be further reduced. "Special"Number Ms. Schnieder requested the "special"number to call to report problems. The"special" number that staff referred to at the Planning Commission meeting is not a phone number,but a case number that former Police Lieutenant Jewel Ericson set up for the Shafer mine that instructs the police officers to contact Senior Planner Eric Zweber with any calls received and any investigation conducted. Mr. Zweber has never been contacted by the police due to calls received regarding the Shafer mine. Discussing this system with the current Police Chief Eric Werner,he believes that the police e-briefing board is a better system for the Shafer mine. The e-briefing board identifies special issues to police officers and Chief Werner will put a note on the e-briefing board that any call regarding the Shafer mine should be investigated and reported to Senior Planner Zweber. If there are any resident complaints about this mine, or any mine in the city, the resident should call the police at that time, so the police can investigate the issue as it is occurring. 3 BACKGROUND Applicant and property owner: Shafer Contracting,Co. Inc. Location: '/a mile west of Rich Valley Blvd., 1 mile north of 135th 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 this year. Staff emailed both Mr. Ista and Ms. Schnieder twice to ask if they had any concerns regarding the Shafer mine. No reply was received by staff. CONCLUSION & RECOMMENDATION Staff recommends approval of the small scale mineral extraction permit for 2014. 4 Shafer i: = -,•�� ' ' . ' ' • `' � - «%I. : 1 ' '."5•1•SIC ' ' I ' 41 , . 3/4 I ill I=-. n---/ N I, . _,, f"., -, __ II 4 — ' • U • . oft, 4..,,,,,,,„ ' 7. a . - . sit:e1(ctimi h • ..- . • - ' o k .4 , ;, ,.1. \. 1; . ;.. fr... , TC...-4. \ a 1 .. . ... . ' ■ ''. -.. \\:: iii • re ,....„,... 54p,...1 , ,, .i.:-„- -519.4r ,...r. ‘.. ...: , i. . 1 .. .i. ,, • .,,,.• ..,.....„.,. . ., . . Disclaimer: Map and parce 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 no legal responsibility for information contained in this data. �, 11/21/2013 Small Scale Mineral Extraction Permit 2014 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 Phase 4 and all 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, 2014 until December 31, 2014 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. 2014 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 haulin g operations erations 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. 2014 Mining Permit Shafer Contracting 3 of (3) Conditioned that the Property Owner will faithfully comply with all the ( ) p Y Y pY 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, 2014 until July 31, 2015. 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, 2014 until July 31, 2015. 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. 2014 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. 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. 2014 Mining Permit Shafer Contracting 5 of 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. FF. The City of Rosemount shall have the ability to collect independent soil and water samples. 2014 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 Valet eoptrizaceep, eo, , �I , 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. 4-e-iss III Encl. 30405 Regal Avenue, P.O. Box 128 ® Shafer, MN o 55074 Phone: 651-257-5019 9 FAX: 651-257-3778 An Equal Opportunity Employer s ect, , 1pte, 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 1. Encl. 30405 Regal Avenue, P.O. Box 128 • Shafer, MN • 55074 Phone: 651-257-5019 • FAX: 651-257-3778 An Equal Opportunity Employer S4apt ea tacdc09 e Tgc, 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 . a • • 1 1•-� . ';N - I , t -•i--,\I ti 11‘1 ti• E! ----- t r 7::\:. ., i7'r fi at iL•t___1.--e--- ., q p!D ,t. ,` 3 S r VI r il , r ybJo,, . } i J iii'''C t ; ; M,- ---i J it.1. i ! il i 1..... / ' I 4 . ,..., ,... . oppv,, . ,.....,,,:k\,,,%.,,, ,, , .:, I 3- or , ,,/r________-/ •f .I -),rte, . , - �, 144 ' ';' \ Flo-_-od— r� r 0 i. j'i°111% 1 ....11E0Wrr-. . r\' -. 111 Y-', . 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' M A ‘k VW_i_ "f" , ,,) --1(V.I(, /r-,\ ''■7\ E5ieSin 0 104.8 980.6 ZbI3 C...ulz_tzE.-*.i-T CJPE----it 4-r te.&is TZe--c-L_A-twr,...1 4S-1-A-t-1.3s V-t a.....,..laco-yrir. 1 bx- Z. Johnson Pk 2013 Shattr Contacting Co.Inc. 10/20113 HAUL R 0 OrG From: loan.schnieder @thomsonreuters.com [mailto:joan.schnieder @thomsonreuters.com] Sent: Wednesday, November 27, 2013 5:12 PM To: citycouncil Cc:loan.schnieder @thomsonreuters.com Subject: Shafer gravel permit I had some concerns following the Planning Commission meeting on November 26, 2013. Following the close of the public meeting on the Shafer mining permit planner, Eric Zweber, made representation to the commission: • that when he viewed the Shafer pit the reclamation showed vegetation growth which he indicated showed that the reclamation had taken place. o Attached are pictures of the pit as of November 27th.The steep slopes are bare dirt as I stated at the meeting. If you do not believe my pictures please come out and view the pit yourself. • Eric further represented that Shafer runs mostly belly dumps that do not have tail gates that bang. Shafer continually runs tandem dump trucks with tail gates that bang. o If the planners would schedule more than two visits a year to the pit they would be more aware of what is actually going on over the construction season. • Eric further represented that there is a "special" number that we,the neighbors, can call to report problems. I have never been provided with that number and do not know what it is. For the upcoming season I would like to receive a letter with the "special number" so I will know who I have to call to report problems. I am amazed that I as a neighbor am tasked with the responsibility of policing the compliance of a mining permit. Please forward this email and the attached pictures to the planning commission as I think they should be aware that the planners are not in possession of the most current information and condition of the Shafer pit. Please copy me on any communication of this email. Sincerely, Joan Schnieder 122555 Rich Valley Blvd. Rosemount, MN 55068 Joan Schnieder Photographs: November 27, 2013 Taken from the North Property Line looking South w .+ din,. a 3 J'. . 'a } ."�=.w.,, ",t`:. '.mss. -'.,t._ `; - 0 m A r' 0 . From: Frank Weiss [mailto:fweiss@shafercontracting.com] Sent: Thursday, December 05, 2013 12:59 PM To: Zweber, Eric Subject: RE: Shafer gravel permit Eric, I have attached a plan sheet showing our existing one way haul route. The picture is from Tuesday, you can't see much because of the snow. Also, below I have addressed some of the concerns brought up in the planning commission meeting: 1. Dust We are very serious about dust abatement. This year we have used approximately 375,000 gal of water for dust control and we spent $16,376 for 184 hours of street sweeping. Also, last year we hauled in and spread approximately 3,000 tons of bituminous millings on our driveway. These millings have formed a hard surface, similar to a paved road, suitable for sweeping and, therefore, keeps the dust down. 2. Back Up Alarms OSHA regulations require back up alarms on all equipment and trucks (most of our tucks however, do not back up in the pit). The decibel level must be between 90dB and 110dB at 4 feet. Ms. Schnieder's house is approximately 1,800 feet from the face of our mining operation. A decibel level of 100dB at 4 feet would equate to —47dB at 1,800 feet. For comparison 40dB would equate to a person whispering and 60dB would be normal conversation. 3. Reclamation Starting on November 11, 2013 and going through November 22, 2013 we shaped the reclamation area and spread topsoil. There was a total of 251.5 man and equipment hours spent on shaping and spreading topsoil. On Monday December 2, 2013 J&R Larson Grounds Maintenance seeded and mulched the 7 acre area. 490 lbs of seed, 2,100 lbs of fertilizer and 14 tons of straw mulch (disc anchored) were used. Often on our projects we seed late in the year with terrific results. Any seeded areas that do not grow grass in the spring will be reseeded. As always we are open to any suggestions Staff, Planning Commission or Council members may have regarding these or any other issues. Please let me know if you need any other information. Frank Weiss Shafer Contracting Co., Inc 651-257-5019 651-257-3778 (fax) Shafer (Frank Wiess) Photograph: December 3, 2013 Taken from the Mine looking North , ..�o—`.,,-5�`'' ri 's`�;.rc:` :.'re• ,...,rra.''"` - .. '. '�mac•. . - J & R Larson Grounds Maintenance Invoice 21716 Kenrick Avenue#5 Lakeville. MN 55044 Date Invoice# Phone:952-469-1598 Fax:952-469-6585 12/2/2013 2014195 Email:JRLgrounds @yahoo.com Bill To: Shafer Contracting Received Shafer Contracting DEC 0 6 2013 Project 30405 Regal Avenue Shafer, MN 55074 Job FunC Cost Johnson Pit Rosemount Date Worked On-Site 12/02/2013 P.O. Number Terms Due Date J&R Larson Grounds Maintenance Reserves the Right to Lien Net 30 1/1/2014 Item Code Description Quantity Unit Price Amount AC-Seeding Seeding 7 400.00 2,800.00 Subtotal $2,800.00 Payments/Credits Woo Balance Due $2,800.00 , s Shafer: Spring of 2010 . . ,. 44', S \. . ,.., . $0*) .* It \ , 1 1 1. N 1 ., ° ..x. At p � 9i I idi to .. -�, . .-- t 1)414N-if °. .. A4,* \: , ,: ."`I 64 10/41 t A n 4 t t ,f r , E 1 I t- _ Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted Map Scale for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. 1 inch = 400 feet 12/11/2013 t Shafer: Spring of 2013 ,„,\i, .1 , si-s ' ' 14 ''4 s * - ---44 Ai • • �, - < .. ■• in .�� u=a « .,. (4 if•. *• i 1'..0,. . •; r.,:* . 44114°11.' ' /1( ' - ior 1 1 liti ilki, r , . ict ..,. tot .',"' , k .:,4A - . ' ' N' 'Is: '' ' k , , 1 . ..r t __ ti n t s r _ . ,..� fir` °*�. ►= � wf�?" , t <, a :.. y R r w a tt - Y, { °; s m -,* T. r, `' . ,i V . , ,a. 4 k i .., 4 � ' S 1 � > `P� •...; yeti. I Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted Map Scale for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. 1 inch = 400 feet 12/11/2013 WELL OR BORING LOCATION MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Boring H 1 County Name WELL AND BORING SEALING RECORD MnneessoaoUnique Well No. 30716 1 DDakota -) i Minnesota Statutes,Chapter 103/ or W-series No. `;.774P755 kotcl M1....w.k if na lam..) • Township Name Township No.'Range No.Section No. Fraction(sm.-.lg.) Date Sealed Date Well or Boring Constructed . - Rosemount 115N. 19c1 14 !T9 5r1 I!? . 4/16/13 716/07 GPS Latitude degrees minutes seconds Depth Before Sealing . ' It. Original Depth 245 ft. LOCATION: Longitude_ degrees___ minutes_ seconds AQUIFER(S) STATIC WATER LEVEL Numerical Street Address or Fire Number lind City of Well or Boring Location Single Aquifer ❑Multiaquifer 12500 Rich Valley 1 Blva. Rosemount WELLBORING GC Measured ❑Estimated Date Measured 7/6/07 ❑Water-Supply Well❑Monil.Well Show exact location of well or boring Sketch map of well or boring ¢ in section grid with'X' location,showing property ❑Env.Bore Hole ❑Other -a� ft. QJ below ❑above land surface N goes,roads,and buildings. CASING TYPE(S) f - T kg Steel 0 Plastic 0 Tile 0 Other w• 1 f�fl E 7 IvE.� C WELLHEAD COMPLETION .•.;-•-��� T tv )r r Outside: ❑Well House ❑At Grade Inside: ❑Basement Offset 1 1 I 6 Mile ', Buried ❑Well Pit ,_ S - % ( ❑Pitless Adapter/Unit g "� '� ❑Well Pit ❑Buried 1 Mae—� GAVE Q c. Other Well seal ❑Other f' PROPERTY OWNER'S NAME/COMPANY NAME CASING(S) Shafer Contracting Co., Inc. Diameter Depth Set in oversize hole? Annular space initially grouted? Properly owner's mailing address it different than well location address indicated above O in.from 0 to 1 20 ft. ®Yes ❑No 1E Yes ❑No ❑Unknown P.M. 1'.ox 1.28 in.from to It. ❑Yes ❑No ❑Yes ❑No ❑Unknown Shafar, 'IT 55074 in.from to It. ❑Yes ❑No ❑Yes ❑No ❑Unknown WELL OWNER'S NAME/COMPANY NAME SCREEWOPEN HOLE Saxe Well owner's mailing address if different than properly owners address indicated above Screen from to ft. Open Hole from 12 fo 7'i ft, OBSTRUCTIONS ❑Rods/Drop Pipe ❑Check Valve(s) ❑Debris 0 Fill do No Obstruction Type of Obstructions(Describe)—_ GEOLOGICAL MATERIAL COLOR HARDNESS OR FROM TO Obstructions removed? ❑Yes ❑No Describe FORMATION — If not known,indicate estimated formation log from nearby well or boring. PUMP , 7 Type 5 t. 1s_ a?t'1F ::32bj� . .;:7•' 1r`r.ty u1 _:_ p:n1 roi 2f1.- f i 1 1'r '_ Removed ❑Not Present 0 Other Inc;1-0r1:'1».. -'1:low s 114 :1.- METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS,OR CASING AND BORE HOLE: PK l No Annular Space Exists _Annular Space Grouted with Tremie Pipe -Casing Perforation/Removal __in.from to ft. Perforated 11 Removed in.from to ft. I_Perforated ❑Removed I Type of Perforator -- _ — I ll Other _ __._ -- GROUTING MATERIAL(S) (One bag of cement=94 lbs.,one bag of bentonite=50 lbs.) Grouting Material i na-a r '-�utl": ., from - ^t -7 '--- _',- ) to__- It. — yards_ 19 bags • from to It yards bags • from_ to ft. ______, yards bags OTHER WELLS AND BORINGS REMARKS,SOURCE OF DATA,DIFFICULTIES IN SEALING Other unsealed and unused well or boring on property? ❑Yes 6 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. . t.t?3on •.'Ie I T_i 1lin;, Inc. 1451 • Licenseg Business Name License or,Regislration.No._-._..-.. �� !` -' ',). .,1 4116/13 Certified F epresentative Signature Certified Rep.No. Date Paul Carlson IMPORTANT-FILE WITH PROPERTY H r, 7 t I:' 'i • PAPERS-WELL OWNER COPY `...) ...I ( 1 t? Name of Person Sealing Well or Boring — HE-01434-13 !Cif 140-0423 5n2R • • • • EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING NOVEMBER 26, 2013 c. Shafer Contracting Mineral Extraction Permit Renewal for 2014 (13-37-ME). 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). Senior Planner Zweber reviewed the staff report. Commissioner Husain asked if the water tests completed by Dakota County and Shafer Contracting last year were done independently from each other. Mr. Zweber stated that Shafer completed the tests first before last year's Planning Commission review and then staff met with Mr. Ista,Ms. Schnieder and Frank Weiss of Shafer Contracting. He further stated the County completed the tests after the Planning Commission review and provided the results to the residents. The County test last year and the Shafer test this year were negative for total coliform. The public hearing was opened at 7:19p.m. Joan Schnieder, 12255 Rich Valley Blvd,Rosemount,who lives directly east of the Shafer pit, stated her concerns include the dust,tailgate banging,the backup alarms,the constant noise coming from the pit,and the lack of reclamation. She stated where there was supposed to be reclamation at this point is a big hill of dirt with no grass. She stated they are operating in three phases with no reclamation. There were no further public comments. MOTION by Miller to Close the Public Hearing. Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:23pm. In response to Ms. Schnieder's comments,Mr. Zweber stated he has inspected the property twice in 2012, once in spring of 2013 and just recently on October 29, 2013, and each time, the area of reclamation had vegetation on it. He further stated that he has extended invitations to Ms. Schnieder and the other residents in the area to contact him if they have any concerns and he did not hear from anyone in 2013. With respect to the dust and noise concerns, Shafer is required to comply with the dust control plan and noise from equipment is allowed during hours of operation. Chairperson Powell asked if staff or the police department has received any complaints or calls of concern. Mr. Zweber stated that the police department has set up a case number specifically for the Shafer mine and no calls were received so far this year. Chairperson Powell asked if the MPCA has requirements to restore or recover certain areas. Mr. Zweber responded that they have requirements for restoring areas that will not be disturbed again and they have completed that. Commissioner Weber asked if the restriction in Item DD of the Conditions regarding tailgate slamming should be monitored and whether or not dust mitigation is in the permit. Mr. Zweber stated that if a resident hears tailgate slamming,they should contact the City to say it is occurring. Mr. Zweber also stated that Shafer should be using the designated haulroute so the trucks shouldn't need to backup. He further stated that Item G of the Conditions states there is a dust control p lan requirement. Commissioner Husain asked if the City has a dust control plan and asked for a clarification of the berming. Mr. Zweber stated that the City received the dust control plan as part of the EAW that was completed in 1998. He further showed the contour lines on the site plan to show the depth of the pit compared to Ms. Schnieder's property and stated the berms at the edge were seeded this fall and will be seeded again in the spring. Chairperson Powell stated a lot of issues have been raised that are addressed in the permit but staff has not received any formal complaints other than at the public hearing. He instructed residents to call the City or the Police Department if there is a concern while the mining is in operation. There have been a lot of these issues raised at this public hearing and addressed in the permit but the City don't have a record of complaints made while the mine is operating. MOTION by Powell 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. Second by Miller. Ayes: 4. Nays: None. Motion approved.