HomeMy WebLinkAbout6.s. Request for Shafer Contracting to Renew their Mineral Extraction Permit through 2010AGENDA ITEM: Case 09 -28 -ME Request by Shafer
Contracting to Renew their Mineral
Extraction Permit through 2010.
AGENDA SECTION:
Consent
PREPARED BY: Eric Zweber; Senior Planner
AGENDA NO. (p.rp.
ATTACHMENTS: Site Map, 2010 Mineral Extraction
Permit, Phasing Map, Shafer Letter;
Excerpt of the November 24 Planning
Commission Minutes.
APPROVED BY:
OA
RECOMMENDED ACTION: Motion to approve renewal of the Shafer Contracting, Inc.
Mineral Extraction Permit for 2010.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: December 15, 2009
EXECUTIVE SUMMARY
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 135` Street East and 1 /4 mile west of Rich Valley Blvd. (County
Road 71).
NOVEMBER 24 PLANNING COMMISSION MEETING
The Planning Commission conducted a public hearing for the Shafer Mineral Extraction Permit renewal
request at their November 24 meeting. Residents Charlie Koehnen, and Joan Schneider spoke during the
public hearing. Charlie Koehnen and Joan Schneider live directly east of the Shafer mine
Charlie Koehnen and Joan Schneider expressed three concerns: that the mining and well within the Shafer
mine was causing odors and sediment in their well water, that Shafer was mining deeper than they are
allowed, and that Shafer is not restoring the mine fast enough.
Shafer has a private agreement with Mr. Koehnen and Ms. Schneider regarding the maintenance of their
well to provide safe drinking water. This agreement was negotiated between the two parties and the City is
not involved with enforcement. It was discussed that the water level within the well was 30 feet below the
lowest levels that Shafer is mining and that American Engineering and Testing tested the water this year
and it was determined safe. It was determined that no odor from the water was observed during the
testing, and that Mr. Koehnen and Ms. Schneider have not submitted any invoices to Shafer to be
reimbursed for costs related to their drinking water.
Mr. Koehnan stated that he had measured the elevation at the edge of the water in the bottom of the mine
at 841 feet and that Shafer was only allowed to mine to the 840 foot elevation. It was concluded that there
was no evidence provided that Shafer had gone below the 840 elevation.
Mr. Koehnen and Ms. Schneider stated that they have not seen any significant restoration in the last
couple of years. Shafer stated that very little gravel has been extracted in the last couple of years due to the
slow construction market and that restoration would not occur until after the mining in the current phase
has been concluded. Planning Commissioner Demuth inquired if the berm between the Shafer mine and
the Koehnen /Schneider home was constructed as approved. Mr. Spisak stated that the berm in fact had
not been constructed to the height as approved at the request of Mr. Koehnen so that Mr. Koehnen could
watch the Shafer machinery to ensure that it is not operated outside of the hours allowed. Mr. Spisak
stated that Shafer would install the berm as approved if Mr. Koehnen wanted that. Mr. Koehnen did not
respond.
The Planning Commission inquired into the process for Mr. Koehnen and Ms. Schneider to inform the
City of issues regarding the mine Senior Planner Zweber stated that the first option is to call him and that
he had talked with Mr. Koehnen in past years but not this year. In addition, the police department has set
up a log in their complaint system specifically for the Shafer mine after business hours but no calls had
been received in the last year. The Planning Commission encouraged Mr. Koehnen and Ms. Schneider to
call the City if issues continue to arise before the next permit renewal so that those issues can be resolved
before the approval is requested.
The Planning Commission unanimously recommended approval of the Shafer Mineral Extraction Permit.
BACKGROUND
Applicant and property owner: Shafer Contracting, Co. Inc.
Location: '/a mile west of Rich Valley Blvd., 1 mile north of 135 Street East
(County Road 38).
Area in acres: 93 Site total area, 15 acres active in the northern 750 feet of Phases
2, 3, and 4
Comp Plan Zoning: Agriculture
Extraction progress: Phase 4 out of 7 (approximately 50% complete).
Nature of request: Annual renewal.
SUMMARY
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 237,863 cubic yards of aggregate in 2009, compared to 98,735 cubic yards removed in 2008 and
322,934 cubic yards removed in 2007. Shafer has paid their Dakota County aggregate tax. Approximately
28,150 cubic yards of aggregate was hauled back to the Shafer operation in 2009 from the MnDOT I -494
project in Woodbury.
Shafer is currently removing aggregate from the haul back area in the northern 500 feet of phase 2, 3, and
4. 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.
The police department and staff have received no complaints about Shafer during 2009. Staff has
conducted two inspections of the Shafer operation in 2009 and has found them to be in compliance with
their mineral extraction permit. During the site inspections, it was visually evident that Shafer had
preformed some repairs to the vegetative cover on the north slope of the gravel mine
RECOMMENDATION
Staff recommends approval of the Shafer Contracting, Inc. Mineral Extraction Permit for 2010.
2
Shafer Gravel Mine
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.
Map Scale
1 inch 1600 feet
Mineral Extraction Permit
2010 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 northern 750 feet of Phase 2,
Phase 3, and Phase 4 (13 acres), on Exhibit A (drawing 5 of 7 dated April 6, 1999),
which is attached hereto as one of the exhibits. Haul -back activities from Mn/DOT
projects are permitted only within the northern 750 feet of Phase 2, Phase 3, and
Phase 4 (13 acres), on Exhibit A (drawing 5 of 7 dated April 6, 1999).
C. The term of the permit shall extend from January 1, 2010 until December 31, 2010
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 labeled 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, Exhibit A. 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.
2010 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 A, the Phasing Plan.
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.
2010 Mining Permit
Shafer Contracting
3 of 6
Q.
(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, 2010
until July 31, 2011.
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, 2010 until July 31, 2011.
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.
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.
2010 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. 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 the Proposed Reclamation and End Use Plan
Revised 10- 31 -06.
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.
2010 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 0, 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 "jake" 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. Initial seeding will occur
in the spring of 2010. Operating areas including working faces, material stockpiles,
haul roads, staging areas, and active reclamation areas are not required to be seeded.
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
2010 Mining Permit
Shafer Contracting
6 of 6
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
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Mr. Eric Zweber
City of Rosemount
2875 145 Street West
Rosemount, Minnesota 55068 -4997
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 30 we removed approximately 237,863 cubic yards of sand and paid
aggregate taxes for that material to Dakota County.
Haulback operations for 2009 were reported to you under separate cover on October 12
Should you have any questions, please feel free to contact me at 651- 257 -5019.
SAS:jb
October 23, 2009
Re: Mineral Extraction Permit
12500 Rich Valley Blvd.
Yours very truly,
SHAFER CONTRACTING CO., INC.
An Equal Opportunity Employer
By
SHAFER, MINNESOTA 55074
P
OCT 2 7 2009
eotaa Inc.
Ms. Kim Lindquist
Mr. Eric Zweber
City of Rosemount
2875 145 Street West
Rosemount, Minnesota 55068 -4997
Dear Ms. Lindquist Mr. Zweber:
October 26, 2009
Re: Mineral Extraction Permit
12500 Rich Valley Blvd.
IT g 0 T
OCT 2 7 2009
[WAFER, MINNESOTA 550 4
I have enclosed the Mineral Extraction Permit Application form for the year 2010 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.
We have previously submitted to you a six month activity report on August 5 and enclosed an
update through October 23
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 request 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.
Thank you.
SAS:jb
Enclosures
Yours very truly,
SHAFER CONTRACTING CO., INC.
B
An Equal Opportunity Employer
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 24, 2009
5.a. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2010 (09-28
ME). Senior Planner Zweber stated that 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 1/4 mile west of Rich Valley Blvd. (County Road 71) and that staff recommends the
Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral
Extraction Permit for 2010.
The public hearing was opened at 6:35p.m.
Charlie Koehnen, 12255 Rich Valley Boulevard, approached the Commission. Mr. Koehnen stated
they are still having trouble with their water. He stated he feels Shafer is digging much deeper than
the 840 foot elevation they are supposed to dig, but that the elevations that he shot at the edge of the
stormwater was 841 feet. He stated there has been water in the pond all summer even through the
drought. Mr. Koehnen stated dust is produced even when they are not working and the water Shafer
puts on the site is not taking care of the dust. Mr. Koehnen provided pictures he took of the site
showing a milky white substance on the site. He further stated that Shafer has tested their well and
informed them the Koehnens needed a new water softener. Mr. Koehnen stated they installed a new
water softener, new water heater and filtering system. They still get odors when Shafer is pulling a lot
of water out of the pit. Mr. Koehnen also wondered why the work is in Stage 4 but they haven't
begun to reclaim State 1.
Joan Schneider, 12255 Rich Valley Boulevard, approached the Commission with complaints about the
gravel pit. She stated that not only do they have an odor in their water but actual particulate matter
coming out of the pipe. The filter on their filtering system is clogged with sand. Ms. Schneider stated
the other complaint is the dust and the lack of reclamation at the site. She stated that when your water
isn't good, it affects the quality of your.
Commissioner Demuth asked Ms. Schneider the depth and age of their well. Ms. Schneider replied
that their well is 70 feet, drawing at 120. Mr. Koehnen replied that Shafer is almost to the water table
in their well. They stated their well was replaced in the last five years.
There were no public comments.
MOTION by Irving to close the public hearing. Second by Demuth.
Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 6:48p.m.
Scott Spisak, Shafer Contracting, approached the Commission to respond to the resident
complaints He stated that Shafer watered on 77 days of operation resulting in 900 gallons of water
and chloride was applied on the haul roads which helps maintain moisture and keep the dust down.
Mr. Spisak stated that they have an agreement with Mr. Koehnen and Ms. Schneider to reimburse
them on any expenses related to their well but Shafer has not received any invoices or knowledge of
the new items they have installed. With respect to the well level, Mr. Spisak stated that the top of
the well is at 880 and the bottom of the pit is at about 840 and Shafer has not gone down below
that. He stated that at the bottom of the pit below the sand is a layer of clay that is very thick that
prevents the rainwater from soaking in very fast. Mr. Spisak stated that Mr. Koehnen's well is more
than 30 feet below the bottom of Shafer's pit and he does not believe anything Shafer has done
could have affected their water table.
Commissioner Demuth asked the purpose of Shafer's well and what the white substance in Mr.
Koehnen's pictures could possibly be. Mr. Spisak replied that the well was installed two years ago to
increase the response time in watering the site on dry days and to maintain the haul roads. Mr.
Spisak stated the white substance could be broken up concrete from the recycling operation in the
pit. He stated Shafer would be willing to have it tested. Commissioner Demuth asked about the
reclamation progress. Mr. Spisak replied that in 2006, Shafer's request to be able to haul back
material was approved with a revised reclamation plan. The final grades were changed to be more of
a curvilinear landscape. He stated that Phase 1 is the way it was when Shafer got the property and
all grades in that area will change in the final configuration. Shafer will be reclaiming from north to
south in those stages as the work progresses.
Commissioner Ege asked Mr. Spisak to address the issue of the water having an odor. Mr. Spisak
recalled last year when another resident brought in a sample of water to the Commission
complaining of odor. Shafer hired a testing company who found odor and suggested the resident
shock his well with chloride and the process was successful. Mr. Spisak suggested this may have to
be done with Mr. Koehnen and Mr. Schneider's well and may have to be done several times to work.
Commissioner Irving asked if a dust control plan has been submitted to the City. Mr. Zweber stated
the City does have a dust control plan that is pretty similar to other gravel mining companies in the
City.
Commissioner Schwartz asked about the reclamation plan and whether or not it could take longer to
reclaim the land if business continues to be slow. Mr. Spisak stated that it might be possible but
they have done some interim seeding and will again in the spring.
Commissioner Schwartz stated that perhaps there could be better communication between the
residents and the City with the issues at hand. She stated she feels the City should do whatever
possible to correct the water problems of the residents. Mr. Zweber stated that he agrees but that
he feels the City is doing everything possible. He stated that American Testing Company has done
testing and provided reports to the City. He encouraged Mr. Koehnen and Ms. Schneider to contact
him and Mr. Spisak when they know of issues so staff is able to address them early on.
Mr. Spisak stated he is willing set up a meeting with Mr. Koehnen and Ms. Schneider here at City
Hall moderated by staff to discuss the issues at hand.
There were no further comments.
MOTION by Schwartz to recommend the City Council renew the Shafer Mineral Extraction
Permit for 2010.
Second by Demuth.
Ayes: 4. Nays: None. Motion approved.
As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on
December 15, 2009.
Commissioner Irving stated that being a new commissioner, he is surprised to see reoccurring issues
and would like to see the issues at hand alleviated during the next year before renewal of the permit
in 2011.