HomeMy WebLinkAbout6.l. Request by Shafer Contracting to Renew their Small Scale Mineral Extraction Permit for 2017
EXECUTIVE SUMMARY
City Council Meeting: January 17, 2017
AGENDA ITEM: Case 16-53-ME Request by Shafer
Contracting to Renew their Small Scale
Mineral Extraction Permit for 2017
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 6.l.
ATTACHMENTS: Site Map; Planning Commission Minutes
and Staff Report December 19, 2016, 2017 Mineral
Extraction Permit; 2017 Proposed Operations / Reclamation
Map; 2016 Current Operations / Reclamation Status Map
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve the Shafer Small Scale Mineral Extraction
Permit for 2017, subject to terms and conditions
SUMMARY
The City Council is being asked to consider a request from Shafer Contracting Company, Inc. to renew the
existing Small Scale Mineral Extraction Permit for its operation located within the 12000 Block of County
Road 71 (one mile north of Bonaire Path East along Rich Valley Blvd.) in the northeastern portion of
Rosemount. Small Scale Mineral Extraction is permitted in the City as an Interim Use within specified
areas, and the permit for such uses expires after one year. The Shafer site has been operating as a mine for
several years, and the request for renewal is consistent with similar renewals that have previously been
issued for the site.
At the Planning Commission meeting there was no one present from the public during the public hearing.
The Commission discussed the 2016 permit approval which required testing of the haulback. The
applicant requested that condition be deferred to the future since there was no haulback brought to the
property during the last operating year. Staff indicated the condition would be carried forward and re-
evaluated next year, depending upon the activity at the site. After that discussion the Planning Commission
unanimously recommended approval of the request.
BACKGROUND
Applicant and property owner: Shafer Contracting, Co. Inc.
Location: ¼ mile west of Rich Valley Blvd., 1 mile north of Bonaire Path
East.
Area in acres: 93 acre total area, approximately 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 the end of
2016 Shafer has hauled 13,794 cubic yards out of the mining site. They have not brought in any haulback.
The following is a summary of the recent activity on the site going back a few years:
2
Year Extraction (cu yd) Haul Back (cu yd)
2018 Less than 10,000 0
2017 13,794 0
2015 62,808 2,184
2014 59,629 621
2013 123,955 29,274
2012 120,569 123,955
Shafer has indicated that they are not presently using the pit, and that the amount of activity projected for
2016 will be dependent on future construction projects. They continue to bid on projects but they must be
awarded the contract, and the project must need material to prompt mining activity. At this time, they do
not have any projects lined up for 2017 which will require additional material from the mine.
Shafer is currently removing aggregate from Phase 5 as identified on the 2018 Proposed Operations and
Reclamation Plan 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. Shafer had submitted test results of the haul back
material in 2013 to confirm that they are meeting the requirements of the permit. Due to the small amount
of haul back in 2014, Shafer did not perform a compaction test last year and this material was to be
included with any testing done in 2015. The applicant has provided an environmental screening and
sampling report for the 2015 material, asked to delay the compaction testing. Last year’s approval stated
that the compaction testing was required, regardless of the amount of haulback. However, there was not
haulback and therefore no compaction testing done. Shafer is asking for a delay in the testing until there is
more haulback, which is found acceptable to staff. A map showing where the 2014-15 haulback was
deposited is attached so that location can be memorialized. It would seem that allowing the applicant to
wait until more material is placed at the site is reasonable, given the small amount on the property. Staff
has modified a condition of the permit to require compaction testing in 2017. However, since the
predication is for no haulback in 2017, staff is anticipating the applicant may again request a delay in
testing.
The mining operation appears to be conducted in compliance with the permit conditions and no
corrections are needed. Staff has not received any complaints directly regarding the Shafer operation in
2016.
During previous public hearings for the mining renewal, the Planning Commission had received
comments from neighboring property owners concerning dust on the site and the condition of a well on
property adjacent to the mining operation. Staff has not received any questions or complaints about the
mine throughout its operation in 2015-6 and has not received any comments due to the posting and
mailing of the public hearing for the current mining review.
RECOMMENDATION
Motion to Approve the Shafer Small Scale Mineral Extraction Permit for 2017, subject to the terms and
conditions.
Shafer Contracting Site
Property Information
November 30, 2016
0 875 1,750437.5 ft
0 270 540135 m
1:9,600
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 for a title search,appraisal, survey, or for zoning verification.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
DECEMBER 19, 2016
5.b. Request by Stonex, LLC/Vesterra, LLC. for annual renewal of a Small Scale Mineral
Extraction Permit for 2017. (16-59-ME)
Community Development Director Lindquist gave a brief summary of the staff report.
Public Comment opened at 7:24 pm.
Public comments: None
MOTION by Clements to close the public hearing.
Second by VanderWiel.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 7:25 pm.
Additional Comments: None
Motion by Clements to recommend the City Council renew the Vesterra, LLC and Stonex, LLC
Small Scale Mineral Extraction Permit for 2017.
Second by Freeman.
Ayes: 6. Nays: 0. Motion Passes.
E X E C U T I V E S U M M A R Y
Planning Commission Meeting Date: December 19, 2016
Tentative City Council Meeting Date: January 17, 2016
AGENDA ITEM: Case 16-53-ME Request by Shafer
Contracting to Renew their Mineral Extraction
Permit through 2016.
AGENDA SECTION:
Public Hearing
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO.
5.c.
ATTACHMENTS: Site Map; 2017 Mineral Extraction Permit; 2016
Current Operations / Reclamation Status Map;
2017 Proposed Operations / Reclamation Map
APPROVED BY:
K.L.
RECOMMENDED ACTION: Motion to recommend that the City Council renew the Shafer
Small Scale Mineral Extraction Permit for 2017, subject to the terms and conditions in the
attached Draft 2017 Conditions for Mineral Extraction.
SUMMARY
The Planning Commission is being asked to consider a request from Shafer Contracting Company, Inc. to
renew the existing Small Scale Mineral Extraction Permit for its operation located within the 12000 Block
of County Road 71 (one mile north of Bonaire Path East along Rich Valley Blvd.) in the northeastern
portion of Rosemount. Small Scale Mineral Extraction is permitted in the City as an Interim Use within
specified areas, and the permit for such uses expires after one year. The Shafer site has been operating as a
mine for several years, and the request for renewal is consistent with similar renewals that have previously
been issued for the site.
BACKGROUND
Applicant and property owner: Shafer Contracting, Co. Inc.
Location: ¼ mile west of Rich Valley Blvd., 1 mile north of Bonaire Path
East.
Area in acres: 93 acre total area, approximately 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 the end of
2016 Shafer has hauled 13,794 cubic yards out of the mining site. They have not brought in any haulback.
The following is a summary of the recent activity on the site going back a few years:
2
Year Extraction (cu yd) Haul Back (cu yd)
2018 Less than 10,000 0
2017 13,794 0
2015 62,808 2,184
2014 59,629 621
2013 123,955 29,274
2012 120,569 123,955
Shafer has indicated that they are not presently using the pit, and that the amount of activity projected for
2016 will be dependent on future construction projects. They continue to bid on projects but they must be
awarded the contract, and the project must need material to prompt mining activity. At this time, they do
not have any projects lined up for 2017 which will require additional material from the mine.
Shafer is currently removing aggregate from Phase 5 as identified on the 2018 Proposed Operations and
Reclamation Plan 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. Shafer had submitted test results of the haul back
material in 2013 to confirm that they are meeting the requirements of the permit. Due to the small amount
of haul back in 2014, Shafer did not perform a compaction test last year and this material was to be
included with any testing done in 2015. The applicant has provided an environmental screening and
sampling report for the 2015 material, asked to delay the compaction testing. Last year’s approval stated
that the compaction testing was required, regardless of the amount of haulback. However, there was not
haulback and therefore no compaction testing done. Shafer is asking for a delay in the testing until there is
more haulback, which is found acceptable to staff. A map showing where the 2014-15 haulback was
deposited is attached so that location can be memorialized. It would seem that allowing the applicant to
wait until more material is placed at the site is reasonable, given the small amount on the property. Staff
has modified a condition of the permit to require compaction testing in 2017. However, since the
predication is for no haulback in 2017, staff is anticipating the applicant may again request a delay in
testing.
The mining operation appears to be conducted in compliance with the permit conditions and no
corrections are needed. Staff has not received any complaints directly regarding the Shafer operation in
2016.
During previous public hearings for the mining renewal, the Planning Commission had received
comments from neighboring property owners concerning dust on the site and the condition of a well on
property adjacent to the mining operation. Staff has not received any questions or complaints about the
mine throughout its operation in 2015-6 and has not received any comments due to the posting and
mailing of the public hearing for the mining review.
RECOMMENDATION
Staff recommends approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for
2017. This recommendation is based on the information submitted by the applicant, findings made in this
report and the conditions detailed in the attached memorandum.
Small Scale Mineral Extraction Permit
2017 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 entitled 2017 Proposed Operations/Reclamation.
C. The term of the permit shall extend from January 1, 2017 until December 31, 2017
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.
2016 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.
2016 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, 2017
until July 31, 2018.
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, 2017 until July 31,
2018.
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.
2016 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, as shown on
exhibit 2016 Current Operations/Reclamation Status. 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.
2016 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 and 2,184 cubic
yard of clean fill brought to the site in 2015 and any material brought in during the
2017 season by September 30, 2017.
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 MnDOT 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.
2016 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:________________________________
Frank Weiss, Its President
STATE OF MINNESOTA )
) ss
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _________ day of
____________, 20____, by Frank Weiss, President of Shafer Contracting Company, Inc.,
the Property Owner, on behalf of the Corporation.
________________________________________
Notary Public
Exhibit A
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Exhibit C