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HomeMy WebLinkAbout6.s. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2011, Case 10-26-MEROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: December 21, 2010 AGENDA ITEM: Case 10 -26 -ME Request by Shafer AGENDA SECTION: Contracting to Renew their Mineral Consent Extraction Permit through 2011 PREPARED BY: Eric Zweber, Senior Planner AG NDA NO. �• � ATTACHMENTS: Site Map, 2011 Mineral Extraction Permit, APPROVED BY: Excerpt of Draft Minutes from the November 23 Planning Commission Minutes, Application, Shafer Application Letter, Current Operations Map, Current Reclamation Status Map, Reclamation Plan approved 2006, Shafer DNR Letter. RECOMMENDED ACTION: Motion to approve the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2011. ISSUE Scott Spisak of Shafer Contracting has applied for the annual renewal of the mineral extraction permit for their property located one mile north of 135d' Street East and 'A mile west of Rich Valley Blvd. (County Road 71). NOVEMBER 23 PLANNING COMMISSION MEETING At their November 23 meeting, the Planning Commission conducted a public hearing for the Shafer mineral extraction permit. Both Gary Ista and Charlie Koehnen attended the meeting, but only Mr. Koehnen spoke during the public hearing. Mr. Koehnen stated that his water no longer smells since Shafer has quit using their well. Mr. Koehnen had no other comments. No one else spoke during the public hearing. The Planning Commission asked if the mine was permitted to work on holidays and if there had been any failed tests in the haul -back reports. Senior Planner Zweber stated that all mining permits allow mining Monday through Saturday regardless of holidays but noted that most holidays fall outside the construction season. Further, often companies try not to work on holidays unless they are behind because that would require overtime pay. Mr. Zweber also stated that one past test indicated contamination and that material was disposed of elsewhere before it ever arrived to the gravel mine. Also, some compaction tests had failed an initial test but they came back later and had been re- compacted so it could pass the test. The Planning Commission recommended renewal of the Shafer Mineral extraction Permit for 2011. BACKGROUND Applicant and property owner: Location: Area in acres: Comp Plan & Zoning: Extraction progress: Nature of request: Shafer Contracting, Co. Inc. 'A mile west of Rich Valley Blvd., 1 mile north of 135th Street East (County Road 38). 93 acre total area, 15 acres active in the middle 750 feet of Phases 2, 3, and 4 Agriculture Phase 4 out of 7 (approximately 50% complete). Annual renewal. Shafer Contracting has been the most active mining owner /operator in the City. Shafer has been working on the site since 1998 and owned the property since 2000. Through September 30, 2009, Shafer has removed 104,132 cubic yards of aggregate in 2010, compared to 237,863 cubic yards in 2009, and 98,735 cubic yards removed in 2008. Approximately 71,123 cubic yards of material was hauled back to the Shafer operation in 2010. Shafer is currently removing aggregate from the middle 500 feet of phase 2, 3, and 4 and depositing haul back material directly north of that area. Haul back operations occur by mining down to the 840 foot elevation and backfilling the area with material hauled to the site from approved MnDOT construction sites to accomplish the end plan elevation for the site, generally about 880 feet. In 2006, the City Council approved this haul back operation to occur from MnDOT construction projects provided that it is clean fill material, does not contain organic matter, and receives 95% compaction. Shafer has submitted test results of these haul back operations to confirm that they are meeting the requirements of the permit. The police department and staff have received one complaint about Shafer operating before 7 am during 2010. Shafer had sent a low boy operator to pick up a piece of equipment and the operator thought the equipment needed to be delivered to the final destination by 7 am instead of the proper instruction that he could not pick the equipment up until after 7 am. Staff has conducted two inspections of the Shafer operation in 2010 and has found them to be in compliance with their mineral extraction permit. During the site inspections, it was visually evident that Shafer is beginning to establish the final grades on the northeastern slope of the gravel mine. During the 2009 permit renewal public hearing, Charlie Koehnen and Joan Schneider testified that their water had been affected by the operation of the Shafer well used for dust control. Following that public hearing, Gary Ista and Amy Berglund also notified the City that their water had been affected. Since that meeting, the City has met with all parties involved. In addition, the DNR has opened a well interference investigation. To resolve the issue, Shafer agreed to terminate the use of the well and pay for filtration systems in the Koehnen /Schnieder and Ista /Berglund household. Shafer is currently reimbursing the Ista /Berglund household but the Koehnen /Schnieder household has not yet provided their invoices to Shafer for reimbursement. In response to the current renewal application, Staff contacted Mr. Koehnen and Mr. Koehnen reported that there is no issue with their water supply since Shafer has stopped using their well. He also noted that the low boy operator work before 7 am is the only incident that he has had with Shafer's operation this past year. RECOMMENDATION Staff recommends that the City Council approve the renewal of the Shafer Mineral Extraction Permit for 2011. FA SHAFER Disclaim ',?r: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 9 inch = 2000 feet appraisal, survey, or for zoning verification. Mineral Extraction Permit 2011 Conditions for Mineral Extraction Permit Renewal SHAFER CONTRACTING COMPANY, INCORPORATED A. Shafer Contracting Co., Inc. (hereinafter "the Property Owner ") signs a written consent to these conditions binding itself and its successors, heirs or assigns to the conditions of said permit. B. This permit is granted for the area designated as the middle 750 feet of Phase 2, Phase 3, and Phase 4 (13 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 750 feet of Phase 2, Phase 3, and Phase 4 (13 acres), on Exhibit A. C. The term of the permit shall extend from January 1, 2011 until December 31, 2011 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 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. 2011 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. 2011 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, 2011 until July 31, 2012. 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 and no /100 ($1,000,000.00) 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, 2011 until July 31, 2012. 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. 2011 M ining 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. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District mining application completed and on file with the City of Rosemount Planning Department prior to the approval of the Mineral Extraction Permit. U. 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. V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase. No recycling processes shall be allowed to continue into subsequent phases. X. 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. Y. 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. 2011 Mining Permit Shafer Contracting 5 of 6 Z. 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, V and W; 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. AA. 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. BB. 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. CC. 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. DD. Shafer Contracting Co., Inc. shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. EE. 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. FF. 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. 2011 M ining 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 520. 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 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 - 87 A RESOLUTION APPROVING A MINOR AMENDMENT TO THE CHIPPENDALE /42 PARTNERSHIP PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT APPROVING THE JOINT USE OF PARKING AREAS WHEREAS, the Community Development Department of the City of Rosemount received an application from Celtic Crossing, LLC requesting joint use (shared parking) of the parking areas to allow additional restaurant space at Celtic Crossing within the Chippendale /42 Partnership Planned Unit Development (PUD); and WHEREAS, Section 11 -6 -1 E. of the City Code allows the Board of Appeals and Adjustments to grant an exception to the parking standards to provide for the joint use of parking areas, and WHEREAS, on November 23, 2010, the Board of Appeals and Adjustment approved an exception to the parking standards to allow up to 261 seats of restaurant apace at Celtic Crossings, and WHEREAS, on December 7, 2010, the City Council of the City of Rosemount reviewed the Board of Appeals and Adjustments approval. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Minor Amendment to the Chippendale /42 Partnership Planned Unit Development Agreement to allow up to 261 restaurant seats with 26,000 square feet of retail or other combination of joint uses at Celtic Crossings that does not raise the parking demand to parking provided above 120 %. ADOPTED this Th day of December, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk io g OWN :1 y I, \va Li O 40 Q CIO ca cc,\ 1 0 ON 00 VQ LI) C) 0 ------------------------------ - --- o ono 7'".n io g OWN :1 y I, \va Li O 40 C) 0 F4 C\ o ono 7'".n ON V 1% ( C7 i "Nu 5.4 A 5 4 -6- A III 3 2 6-s J x co LLJ z 3 :' A! "C y II O 13 1-19 Q Q N 4 qG IJ CZ C% ( C7 i "Nu 5 (L S) 61 i(O C, w T lu tv CIN OL __o Ol Lu Z L6 C, C\ x co LLJ z 3 :' A! "C y II O 13 1-19 Q Q N 4 qG IJ CZ J 7 J J ]T J V a C a U Of L C O U 6. m w L M O C � 0 O ON E m N O N � V LO C L O 7 C N L C 3U EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING NOVEMBER 23, 2010 b. Shafer Contracting Mineral Extraction Permit Renewal for 2011 (10- 26 -ME). Scott Spisak of Shafer Contracting has applied for the annual renewal of the mineral extraction permit for their property located one mile north of 135`" Street East and '/4 mile west of Rich Valley Blvd. (County Road 71). Mr. Zweber reviewed the staff report. Vice Chair Irving asked if relations between the Applicant and the area residents have been improved over the_year since the numerous issues mentioned at last year's Planning Commission meeting. Mr. Zweber stated he facilitated meetings with each household to talk about the issues and has been copied on correspondence between the parties during the year. Applicant, Scott Spisak, of Shafer Contracting, approached the Commission and stated he has had meetings with both residents regarding well issues and that the issues have been resolved due to Shafer ceasing the operation of their company well. He further stated that Shafer has compensated Gary Ista for the infiltration of his well and they are waiting for Mr. Koehnen to submit his invoices for reimbursement. Mr. Spisak stated that 2010 was a low volume year for Shafer since highway construction projects are low. He stated they have made progress meeting the grades on the northern portion of the site particularly in Phase 2 where they have made the final grades and seeded the area. The company well is no longer used for dust control; it is only used now for the annual testing. The public hearing was opened at 6:58p.m. Charlie Koehnen, 12255 Rich Valley Boulevard, Rosemount, approached the Commission and stated that since Shafer had stopped drawing water from the Shafer well, their drinking water has been fit to drink and no longer smells. There were no further public comments. MOTION by Powell to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:00p.m. Commissioner Powell asked staff to clarify the exhibits to the mineral permit. Mr. Zweber displayed the different phasing plans and reclamation plan that are exhibits to the permit. Commissioner Powell then asked about the daily hours of operation and whether or not Shafer ever operates on holidays. Mr. Zweber stated there are no restrictions in the permit to working on holidays. He stated most major holidays are in the winter when the mine isn't operating. He stated the mine may be open on the 4`h of July holiday in the event they are behind on a certain project and would like to continue working through the holiday. Commissioner Powell inquired whether there has ever been an incident report related to contamination. Mr. Zweber stated the material is tested before it leaves a job site and again when it gets to the Shafer site. He stated there was a time when the material was tested at the job site and was found to be contaminated and was not delivered to the Shafer site. Applicant Scott Spisak approached the Commission again to address a few comments. He clarified for Commissioner Powell that the phasing plan is included in the original document in the three ring binder submitted with the first mineral permit application. Mr. Spisak stated that Shafer employees do not work on holidays since holidays are typically double time unless they are way behind scheduled on a project which has never happened in 13 years. Mr. Spisak confirmed that Shafer does test the haulback material at the source site prior to hauling it to Shafer. MOTION by Powell to recommend the City Council renew the Shafer Mineral Extraction Permit for 2011. Second by Kolodziejski. Ayes: 4. Nays: None. Motion approved. Mr. Zweber stated this item is scheduled to go to the City Council for approval at the December 21, 2010, meeting. Rosemount City Hal D 1�; V 1oSEMOUNT R2875145 TH Street W osemount, MN 55 OC I COMMUNITY DEVELOPMENT 651- 423 -4411 651 - 423 -4424 (FAX) revised 01.29.2007 MINERAL EXTRACTION PERMIT APPLICATION Applicant Name: Shafer Contracting Co., Inc. 651- 257 -5019 Phone no. Address: Box 128 Shafer MN 55074 Street Number City State Zip Code Email Address: sspisak @shafercontracting.com Property Owner Name: _ Shafer Contracting Co., Inc. 651 - 257 -5019 Phone no. Address: Box 128 Shafer MN 55074 Street Number City State Zip Code Person /Corporation Conductina Extraction Name: _Shafer Contracting Co., Inc. 651 - 257 -5019 Phone no. Address: Box 128 Shafer MN 55074 Street Number City State Zip Code Purpose of Excavation/ Extraction: (Describe in Detail) Shafer Contracting Co. , Inc. is a family owned business that builds public works infrastructure projects rimarily in the metro area. Materials extracted are used for construction projects undertaken by Shafer. (See also Mining Plan dated May 24, 2000 on file with the City of Rosemount). Property Information /Excavation Site See Exhibit A in the Mining Plan dated May 24, 2000 previously Legal Description: submitted and on the file with the City. (include PID #) 34- 01400 - 010 -37 and 34- 01400- 013 -09 TOTAL ACREAGE: Approximately 93 Acres Type of Material to be Extracted: Sand and Gravel Total Cubic Yards to be Extracted: Approximately 7.4 Million Estimated Number of Years of Operation: At Least 20 Years Estimated Date for Completion of Site Rehabilitation: Rehabilitation to be performed with each (Over) phase pursuant to the mining plan. Final rehabilitation will be completed within one year of the final phase of mining. Access,'Transport Routes: Rich Valley Blvd. to the North to 117th Street County Road 32 and Trunk High way3(see also sheet 1 of 7 of the mining plan dated May 24. 2000 previously submitted and on file with the City.) (Name of highways, streets or other public roadways within the City upon which the material will be transported) Required Attachments * Phasing Plan * Site Reclamation and Rehabilitation Plan ✓ Names and Addresses of adjacent land owners within 250 feet of extraction site * Map showing physical relationship of excavation site to the community and existing community development * Site analysis information (trees, depth of topsoil, adjacent on -site structures and land uses, flood levels, watercourses and elevation and percent slope within 100 feet beyond site perimeter * Depth of watertables throughout excavation site * Plan of Operation * Drainage, Wind and Water Erosion Control Plan *Previously submitted and on file with the City. This application must be accompanied by a list of names and addresses of property owners within a 350 foot radius of the subject property or, if application pertains to property located in Agricultural (AG), Agricultural Preserve (AP), or Rural Residential (RR) District, the application must be accompanied by a list of names and addresses of property owners within a quarter (114) mile. Also to be included are two sets of address labels of the property owners. These must accompany the application at the time of submittal. This permit, upon authorization by City Council, is valid from January 1 through December 31 of the year of issuance. The proposed mineral extraction will be reviewed according to submitted plans and description of the proposed operation as required under provisions detained in City of Rosemount Zoning Ordinance, Section 12.4 Mineral Extraction. In submitting this application the applicant recognized the requirements set forth in the City of Rosemount Ordinance for the regulation of mining and agrees to meet those conditions prior to requesting approval of this permit. Signature of App i Signa ure of Pro Owner ZI O /d ZI A0 Date t I Date Initial Permit Fee: $700.00 Received by $ 370.00 Annual Permit Fee: $370.00 ---i- �, y �'F � i = _. ,_r ,.� `, i� -- __._ _ � _- -,. �1�',, , i ��� 54apn 61a, f 1px, October 22, 2010 Mr. Eric Zweber City of Rosemount 2875 145th Street West Rosemount, Minnesota 55068 -4997 Re: Mineral Extraction Permit 12500 Rich Valley Blvd. 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 northern 750 feet of phases 2, 3 and 4. Through September 301h, we removed approximately 104,132 cubic yards of sand and paid aggregate taxes for that material to Dakota County. Haulback operations for 2010 were reported to you under separate cover on July 7th and October I l`h. We have "hauled back" 71,123 cubic yards through September 30tH We have not used the Shafer well in 2010. As a result, the neighbor issues with wells have gone away. We performed our annual water testing on the Shafer and Schnieder/Koehnen wells. And this year included the Ista/Berglaund well. These results were submitted to you on August 31St In addition, the DNR in a letter of August 18th, closed out the well interference investigation. We are currently performing final grading reclamation activities in the northeast portion of the pit. In addition, we are performing interim maintenance and vegetative cover operations on several operating areas of the pit. Should you have any questions, please feel free to contact me at 651- 257 -5019. SAS.jb Yours very truly, SHAFER CONTRACTING CO., INC. By Scott A. Sp 30405 Regal Avenue, P.O. Box 128 - Shafer, MN - 55074 Phone: 651- 257 -5019 - FAX: 651 - 257 -3778 An Equal Opportunity Employer Zwl I11 H �I p c zn '�po W A I y Mcn __ - - o 00 IN 0 ave.. 926 to vl '°• � �d l:i / I °p z y ,�•'' W w I Z a `ASS 1 \ I , \ m9.A°i 6.0° •\ a \� S I I �+ sX., to � �a I � el •� I I � a �:° � IBS,) 3'�O 6.7% j Vg' 3. I ; - 1 LL Lil 1 / * ) cr+ 1 s % U (z, S) N LLI rT a cl I ,e I ti- LOU �(S6S) � ' 1- � 1 4 V§NME" 9 I d I � I I _ I I I I I I I H I a I I g < I � •S I �X I � I c II �$ II �t S9 LU 0 a h/ w / C) C) I 44�I II I I I I I I I I I I I I I Q Q Q N 5 d- J ta- s � cz S&qn jj�?4 0 0' July 12, 2010 Ms. Janell Miersch South Metro Area Hydrologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 Re: Schneider/Koehnen Well Interference Compliant Dear Ms. Miersch: As we discussed by phone today, after reviewing the options presented to us by conference call with Jay Frischman on May 17`n, we have decided not to use the well on our Rosemount Property. We have not used the well in 2010 and both Eric Zweber, City of Rosemount Senior Planner, and I have received comments from Mr. Koehnen that they have had no issues with their well. We will continue to use the well for our annual water quality sampling which you were copied on in my April 6, 2010 letter. I have sampling setup for July 15cn We will keep the well components in tact, but the electrical power is locked out and will only be used for the annual sampling. I trust that this information will allow you to close your file on this matter. Should you have any additional questions, please feel free to call me. Yours very truly, SHAFER CONTRACTING CO., INC. �r th���I Scott A. SAS.jb Cc: Mr. Eric Zweber/ 30405 Regal Avenue, P.O. Box 128 - Shafer, MN - 55074 Phone: 651- 257 -5019 - FAX: 651 - 257 -3778 An Equal Opportunity Employer