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Home My WebLink About6.h. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2015 � ROSEMOLII�IT' EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: December 16, 2014 AGENDA ITEM: Case 14-61-ME Request by Shafer AGENDA SECTION: Contracting to Renew their Mineral Extraction Consent Permit throu h 2015. PREPARED BY: Eric Zweber, Senior Planner AGE D�NO. ATTACHMENTS: Site Map; 2015 Mineral Extraction Permit; APPROVED BY: Shafer 2014 Permit Renewal Request Letter; Shafer 2014 Activity Letter; 2014 Current Operations / Reclamation Status Map; 2015 Proposed Operations / Reclamation Map; September 30 Inspection Photographs; Excerpt of the Draft December 9 Planning Commission Meetin . , RECOMMENDED ACTION: Motion to Approve the Renewal of the Shafer Small Scale Mineral Extraction Permit for 2015. ISSUE Shafer Contracting has applied for the annual renewal of the mineral extraction permit for their property located one mile north of Bonaire Path East and '/a mile west of Rich Valley Blvd. (Counry Road 71). DECEMBER 9 PLANNING COMMISSION MEETING The Planning Coininission reviewed the Shafer request on December 9. Joan Schneider and Amy Berglund spoke during the Public Hearing. Ms. Schneider stated that the dust was the worst in 2014 than any other year and has she has concern about the standing water in the middle of the mine and the depth of the mine under that water. Ms. Schneider stated that she does not call the City with her complaints because she does not trust City staff and requests an independent review of the Shafer mine. Ms. Schneider finds it curious that there is not a picture of the un-vegetated haul-back area and the water in the pit. Ms. Berglund stated that she has had a second sample from her well tested and it also tested positive for coliform and is unsafe to drink. Staff stated that haul-back area is shown on the Shafer permit exhibits and reviewed the photos of the September 30 inspection that showed no standing water in the bottom of the mine. The elevarions provided by Shafer shows that the bottom of the mine is somewhere between the 846 and 850 elevation and that Shafer is permitted to mine to the 840 foot elevation. Staff stated that the soil borings supplied with the 1998 environmental assessment worksheet (EA� for the mine showed clay under the mine so that it is expected that mine would hold water during tunes of heavy rain. The�vater will eventually infiltrate as shown on the September 30 photos. Regarding the Berglund well, staff stated that there was also a positive coliform test in 2012. In 2012, City staff visited the site�vith Jeff Luehrs of Dakota County Environmental Resources to assist in the potential coliform source review. Mr. Luehrs at that tune stated that there are many possible source of coliform and that it is highly unlikely that it would come from somewhere as far away as the mine. The Minnesota Department of Health states that coliform is common in soil and animal intestines. Comnussioners Kenninger and Kurle asked if anything further can be done to control the dust. Staff and Frank Weiss of Shafer stated that Shafer applies water and calcium chloride as required by the Ordinance and permit. Staff stated that it is impossible to completely eliininate dust from mining opeYations and that the Ordinance intends to limit dust through limiting the size of the area open to mining and requiring dust suppression, both of which Shafer is complying with. Staff reminded the Commission that the permit is a quasi-judicial decision and if Shafer is meeting the Ordinance and permit conditions, then they must issue the permit. Chair Miller asked if staff could conduct quarterly inspections. Staff stated that they will perform a third inspection in the summer, but that there is no value to conducting an inspection in the `vinter. The Planning Commission recommended approval of Small Scale Mineral Extraction Permit for Shafer on a 4-0 vote. Commissioner Forster was absent. BACKGROUND Applicant and properry owner: Shafer Contracting, Co. Inc. Location: '/a mile west of Rich Valley Blvd., 1 mile north of Bonaire Path East. 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: r,nnual renewal. Shafer has been working on the site since 1998 and o�vned the properry since 2000. Through September 30, 2014, Shafer has removed and paid aggregate taxes on 59,629 cubic yards of sand. Shafer had removed a total of 123,955 cubic yards aggregate in 2013 and 120,569 cubic yards aggregate in 2012. Shafer hauled back 621 cubic yards of clean fill in 2014 and 29,274 cubic yards of clean fill in 2013. For 2015, Shafer has a significant portion of the 35E reconstruction project north of Downtown St. Paul. For the 35E project, Shafer expects to mine about 90,000 cubic yards of material and bring in about 125,000 cubic yards of haul back material. Shafer is currendy removing aggregate from the western 100 feet of Phase 4 and depositing haul back material in the middle 500 feet of phases 2, 3, and 4. Haul back operations have a low elevation of about 850 feet in phases 3 and 4, and progress up to an 875 elevation in phase 2. In 2006, the City Council approved the haul back operation if it complied with the following standards: from a MnDOT construction project,is clean fill material, does not contain organic matter, and meets a 95% compaction threshold. In 2012-13, the haul back material was coming from the I-694 reconstruction project in Arden Hills,which was substantially complete by the Ueginning of 2014. Shafer had submitted test results of the haul back material in 2013 to confirm that they are meeting the requirements of the permit. Because of minor amount of haul back in 2014 (621 cubic yards) Shafer did not perform a compaction test this year. Shafer expects to bring in over 100,000 cubic yards of clean fill in 2015. Staff has added a sentence to permit condition CC to require that the compaction of the 621 cubic yards be included in the 2015 compaction tests and that those results be submitted by September 30, 2015. Staff conducted a site inspection on May 19 and SeptemUer 30. On May 19, the grass had germinated on the areas restored in 2013 and vegetation was completely established by September 30. Photographs of 2 the September 30 inspection are included as attachments to the Executive Summary. The mining operation appears to be conducted in compliance with the permit conditions and no corrections are needed. Staff has not received any complaints direcdy regarding the Shafer operation in 2014. During 2012's review, Gary Ista and Joan Schnieder testified during the public hearing expressing concern that Mr. Ista and Amy Berglund's well tested positive for total coliform. Gary Ista and Amy Berglund are married. A second test was conducted by Dakota County and no coliform was discovered. No coliform was detected when Shafer tested Mr. Ista's well in 2013. On September 26, 2014, the Ista�vell was tested and indicated a presence of total coliform. The Minnesota Departrnent of Health (MDH) states that total coliform is "common in the environment (such as soil) and the intestines of anunals and are generally not harmful". MDH recommends disinfecting the well with chlorination. Shafer has stated that Ms. Schnieder declined the testing of her well in 2013 and 2014. Shafer sealed their well in April 2013. Staff has emailed Gary Ista and Joan Schnieder to inquire if they have any questions or concerns regarding the Shafer mine. MY. Ista Yesponded stating that he is working to determine the source of the coliform to prevent future positive tests. His two inquiries were how much activity is expected in 2015 and if there are any changes Yequested to the 2015 permit. Staff responded that with the 35E project, the inining activity is expected to be similar to the activity that occurred in 2012 and 2103. There are no changes requested in ShafeY 2015 permit. Ms. Schneider has not responded before the writing of the Planning Commission Executive Summary. RECOMMENDATION Staff and Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2015. This recommendation is based on the information submitted by the applicant, fmdings made in this report and the conditions detailed in the attached memorandum. 3 Shafer Mineral Extraction Permit �, _.�_m� �.�,,7... � - ,�,,. - !�. ^ �� :� �� # .i �.� � ,"r � � = , „�� LL., � � � �„ �w. �'" � � ' . ��„" . � .� p�'�: . ^>� „ �\ � , �"°�q. '3�� }�, . � :� s �a+ 1 ..� • �..�¢� -� . � � � ar.. 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Dakota County assumes no Iega1 responsrbilrty for the rnformafion contained in this data. 11/25/2014 Small Scale Mineral Extraction Permit 2015 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, 2015 until December 31, 2015 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. 2015 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/ar 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. 2015 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, 2015 until July 31, 2016. 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, 2015 until July 31, 2016. 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. 2015 Mining Permit Shafer Contracting 4of6 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 O, 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. 2015 Mining Permit Shafer Contracting 5 of 6 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. Shafer shall submit a compaction test for the 621 cubic yards of clean fill brought in into the site in 2014 by September 30, 2015. DD. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating boxes, using of"jake" or engine brakes (except in emergency situations) or other such activities that result in excessive noise. EE. 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. 2015 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 �� S�i��n ��z��u��y �'c�. , ��c. November 12,2014 Ms.Kim Lindquist Mr.Eric Zweber City of Rosemount 2875 145`�'Street West Rosemount,MN 55068-4997 Re: Mineral Extraction Permit 12500 Rich Valley Blvd. Dear Ms.Linquist&Mr.Zweber: I have enclosed the Mineral Extraction Pernut Application form for the year 2015 along with a check for$370.00 and two sets of address labels for the adjacent properiy owners. We request renewal of the conditions approved by City Council at their December 18, 2007 meeting, including the"haulback"provisions. 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. I Yours very truly, SHAFER CONTRACTING CO., INC. ; gy: � ` ; Frank J. Weiss I � Encl. i � � f 30405 Regal Avenue, P.O. Box 128 • Shafer, MN • 55074 '. Phone: 651-257-5019 • FAX: 651-257-3778 � An Equal Opportunity Employer � i i � s�� . , ��. December 1,2014 Mr. Eric Zweber City of Rosemount 2875 145`�'Street West Rosemount,Minnesota 55068-�997 Re: Mineral Extraction Permit 12500 Rich Valley Boulevard Dear Mr.Zweber: We are cunently removing sand from phase 5. Through September 30�' we removed approximately 59,629 cubic yazds of sand and paid aggregate taxes for that material to Dakota County. Through September 30`" we have placed 621 cubic yards of haul back material which was reported in detail under a separate cover dated July 28,2014. We have had no complaints from adjoining properties. Should you have any questions,please feel free to contact me at 651-257-5019. Yours very tntly, SHAFER CONTRACTING CO.,INC. By: '� Frank J. Weiss I 30405 Regal Avenue, P.O. Box 128 • Shafer, MN • 55074 Phone: 651-257-5019 • FAX: 651-257-3778 An Equal Opportunity Employer � � ; � a � � 1 � N ' �° N ; , , , ------- --- - -- � , � � — �: � o �----; —�,1 i , a � _ � � ' N j"! ,',; —:------'�� I, � I� I i � ,� � -� _—_ � ,, i i �i-'��`; �� -Et .�'___'� \, r � l� YJ ; i � � ��' �.%/�, t .� � � �i� � � � i i , � �-�-, ,;: � _ ; r , � •� I �� . �� _ v � �.li i ,._ . . --,� - 1 � �>=��-C �---r y__—_ -� _ ';_ , � /,! / 1! ;p L.+.�.+�� --"' //�/� � ��— -- � -:f-�—Y-}—t-�+-�-.:.r- _. _..e.cl -m --./1�--� —_ f•�—" /� .�... . � — . / \ '� ! /�� N _ _ ", ' _ ; n � � � . r:� � � � r % �� `; j ,�l i +� �i i� ` i�� / ' I � � � ,�T. - -_, --�� "" i i�iij '�iu � � � � � �� I��i� i�� '��//� y � � � � � � � � J— /�. 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Y .. . .. > -R � `� `; �.,{,iTc. .A � - . � e-.''�M�.,.`'�a�'."� .s.. � - . �., '"� r..� '3"` ;� 'a�e` `i x;�,� `,;. �� +"'� - 3iiw , . • - _air-�c�� ,�'�. ; 'e cy,i rt „�` ^x� *. .'� ; ✓ � y -� ' r.. . s,� .;. a� �'�, ►' a ^�" �,"�, g«, �- , �, sr � :.-.. . �- � z � € � • � "� . v� �` �� a,k` �a � �;�� , � ,�y��.�,�54 . . . . . ...- � ,�arw°.ry� :. . �, ;: ... _} . ,%�_, _�{, �,-._ � 'a6. ��- l. �� s< � .a�"r a,�F ,... , � .. - ,+ :... o , ;* ;� �`� �, Looking Southeast from the Mine Floor 2 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING DECEMBER 9, 2014 6.b. Request by Shafer Contracting for a Renewal of a Mineral Extraction Permit Through 2015 (14-61-ME). Shafer has been working on the site since 1998 and owned the property since 2000. Through September 30, 2014, Shafer has removed and paid aggregate taxes on 59,629 cubic yards of sand. Shafer had removed a total of 123,955 cubic yards aggregate in 2013 and 120,569 cubic yards aggregate in 2012. Shafer hauled back 621 cubic yards of clean fill in 2014 and 29,274 cubic yards of clean fill in 2013. For 2015, Shafer has a significant portion of the 35E reconstruction project north of Downtown St. Paul. For the 35E project, Shafer expects to mine about 90,000 cubic yards of material and bring in about 125,000 cubic yards of haul back material. Chair Miller inquired how deep the well is on the Ista/Berglund property. Mr. Zweber stated that he doesn't have that information. The public hearing was opened at 6:52 pm. Public comments: Joan Schnieder, 12255 Rich Valley Blvd, stated that her quality of life has gone down greatly within the past year. Her main concern is dust; she hasn't been able to open her windows in years. Her second concern is the water pond located on the site. It is omitted from the pictures in the staff report. She wants to know how deep pond is, there is water out there year round and cattails are growing. She also stated that there is no point in complaining because nothing is done if they do complain. She would like an independent party to come out measure depth of pond. She stated that someone needs to protect their interests. Amy Berglund, 12131 Rich Valley Blvd, works for The City of Inver Grove Heights in the water department. She took in a sample of her water to test for coliform and the water was deemed not safe for drinking. Her next step is to test water aquifer. Commissioner Miller asked if the well has been shocked with Chlorine before. She stated that it was and the problem came back within the year. She is also unsure sure how deep the well is. Frank Weiss of Shafer Contracting stated that they have abandoned their well they had onsite; it was thought that well caused interference problems with the neighboring wells. Water is hauled into site daily to address dust. Water collects from snow melt and rain depending on precipitation levels in a pond on the mine. The water in the pond has not been tested. MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 7:01 pm. Planner Zweber addressed some of the concerns brought up in the public hearing. The pictures provided were taken on September 30, 2014 and at that time there was no standing water. The pictures in the staff report show the lowest point in mine. Total coliform comes from many sources, but wouldn't travel through the soil the distance to the Ista/Berglund well. The mine is not source of the coliform. The Minnesota Department of Health website states that coliform is common in soil and the intestines of animals. The applicant is following the requirements set forth in the Ordinance which limits the amount of area open to mine to 19.5 acres. Mining does create dust and the Ordinance is meant to mitigate for the dust but not completely eliminate it. Chair Miller inquired as to what the correct protocol is pertaining to dust control. Mr. Zweber stated that if a complaint is received, that the City can tell Shafer to apply water and/or calcium chloride to reduce dust. Mr. Miller also stated that the photos help them understand the site layout. He inquired if staff would be willing to do quarterly visits to understand the conditions in varying environments. Mr. Zweber stated that he is willing to do three site visits a year between April and November but doesn't see any benefit to in visiting in the winter months. Commissioner Kenninger inquired as the proper procedure to express complaints about dust. Mr. Zweber stated that they can either call City staff directly or contact the police. Ms. Kenninger confirmed that if they called the police they would only document the issue and pass along to Mr. Zweber on the next business day and there would be no immediate action. Ms. Kenninger inquired if there is anything the City can do to monitor the dust. Mr. Zweber stated that without extended visits to the site it is hard to address all dust issues. Shafer is required to provide receipts of calcium chloride to show proof they are managing dust. Ms. Kenninger wondered if the Planning Commission could tour site next year once operations resume to gain a better understanding of the situation. Mr. Zweber stated that talk with Mr. Weiss he will set something up for next September. Commissioner Kurle inquired if additional trees or coverings would help situation. Mr. Zweber showed the location of existing trees in the inspection photos. Mr. Zweber stated that the permit is a quasi-judicial decision and if Shafer is meeting the Ordinance and permit conditions, the Planning Commission must recommend approval of the permit. MOTION by Kenninger to recommend the City Council renew the Shafer Mineral Extraction Permit for 2015, subject to the terms and conditions in the attached 2015 Draft Conditions for Mineral Extraction. Second by VanderWiel Ayes: 4. Nays: 0. Motion approved.