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HomeMy WebLinkAbout9.a. Request by Shafer Contracting to Renew Mineral Extraction Permit through 2009 Case 08-42-MEAGENDA ITEM: Case 08 -42 -ME Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2009. AGENDA SECTION: New Business PREPARED BY: Eric Zweber; Senior Planner AGENDA NO. q.4, ATTACHMENTS: Site Map, 2009 Mineral Extraction Permit, Shafer Letters with Attachments, Excerpt of the November 23 Planning Commission Minutes. APPROVED BY: ch.) RECOMMENDED ACTION: Motion to approve renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2009. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: December 16, 2008 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 25 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the Shafer Mineral Extraction Permit renewal request at their November 25 meeting. Residents Myron Napper, Gary Ista, Charlie Koehnen, and Joan Schneider spoke during the public hearing. Charlie Koehnen and Joan Schneider live directly east of the Shafer mine. Myron Napper was concerned about how the black dirt will be restored once the mining is finished, how come the mine was deeper than 40 feet in depth, and where the haul -back material in the mine comes from. Staff, Scott Spisak, and Charlie Koehnen explained that black dirt is piled in the berms beside the mine and none has been sold or trucked off site, that the mine is permitted to dig to the 840 elevation in depth as approved in the 2006 mining permit, and that the haul -back material comes only from MnDOT projects and is tested multiple times before it is placed on -site. Charlie Koehnen and Joan Schneider testified that the water from their tap in their house has a foul odor because of the water that Shafer draws for the well at the mine. Shafer and Mr. Koehnen and Ms. Schneider have an agreement to have their well water tested annually in August. Mr. Spisak stated that the August test was drawn from a spigot on the outside of their house and had no odor and tested safe for public consumption. Mr. Spisak stated that he would test the water from inside their house and had American Engineering and Testing (AET) sample the water since the Planning Commission Meeting. A memo and test results from AET is attached to this Executive Summary. The AET tested water from the house and water from a sink in the shop. The house water did have a foul odor, while water in the shop did not, leading to the conclusion that there is something going on inside the house to cause the odor, not in the well. Mr. Spisak has offered to chlorinate that pipe in the house to try and relieve the odor. Staff has talked with Mr. Koehnen to ask if that solution would satisfy him. Mr. Koehnen stated that he has contacted a well contractor that stated that chlorination is not the solution but that filtration is. Mr. Koehnen said that he will work with Mr. Spisak to come to a solution to the odor issue and staff has requested that Mr. Koehnen contact staff if a solution cannot be arranged. Gary Ista testified that noises can be heard from the mine when the equipment was working, that black dust is being deposited on the roof of his shed, and that he has concerns about the quality of his well water. Scott Spisak has visited Mr. Ista's property since the Planning Commission meeting; unfortunately there was snow on Mr. Ista's roof on the day of the inspection. They have agreed to do another inspection after Mr. Ista calls when the snow is off of the shed roof. Regarding Mr. Ista's water odor, Shafer is currently working with Mr. Koehnen regarding his water issue and will look to offer a similar solution to Mr. Ista after the Koehnen issue is concluded. The Planning Commission recommended approval of the IUP with a unanimous vote. An excerpt of the minutes of the November 23 meeting is attached to this Executive Summary for reference. 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 135 Street East (County Road 38). 93 Site total area, 15 acres active in Phase 4 Agriculture Phase 4 out of 7 (approximately 50% complete). 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, 2008, Shafer has removed approximately 98,735 cubic yards of aggregate in 2008, a 69% reduction from the 322,934 cubic yards removed in 2007. Shafer has paid the Dakota County aggregate tax. No aggregate was hauled backed to the Shafer operation in 2008. Shafer has completed removing aggregate from the west half of phase 4 in 2008 and 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 filling the area back with material hauled back from approved MnDOT construction sites to the end plan elevation of 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 maintained the site through its operation this year. Shafer watered the operation with 827,000 gallons of water averaging 12,650 per day of operation. Shafer has also purchased 5,600 pounds of calcium chloride and 280 pounds of seed to cover 7 acres for dust control on the site. The police department and staff have received no complaints about Shafer during 2008. Staff has conducted two inspections of the Shafer operation in 2008 and has found them to be in compliance with their mineral extraction permit. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2009. 2 ..m r dt 1 por II& l{ 117 H'$j I r- 11 1 ti,� 2s7 sr 1\ till SrrE 1 Op. rr;�= a E Q L h G 1 1 a k p x n IIIII Ell •J :7J Shafer Contracting Discla'mer. 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 1378 feet Mineral Extraction Permit 2009 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 (6.5 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, 2009 until December 31, 2009 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. 2009 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. 2009 Mining Permit Shafer Contracting 3 of 6 Q. (3) (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 made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. (5) 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. The surety bond or cash escrow shall remain in effect from January 1, 2009 until July 31, 2010. 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, 2009 until July 31, 2010. 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. 2009 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. 2009 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 2009. 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 2009 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 S4je 6oataete Ca., lotc, Mr. Eric Zweber City of Rosemount 2875 145 Street West Rosemount, Minnesota 55068 -4997 Dear Eric: October 23, 2008 Re: Mineral Extraction Permit 12500 Rich Valley Blvd. As required by condition "R." or our Mineral Extraction Permit, we are writing to you about our activities at the site during the last 6 months. Through September 30 we removed approximately 98,735 cubic yards of sand and paid aggregate taxes for that material to Dakota County. Should you have any questions, please feel free to contact me at 651- 257 -5019. SAS:jb Yours very truly, An Equal Opportunity Employer SHAFER, MINNESOTA 55074 SHAFER CONTRACTING CO., INC. Saj &aetiaiq Bo.. Tom October 23, 2008 Memo To: The File From: Re: Scott Spisak 2008 Dust Erosion Control Measures at Johnson Pit, Rosemount SHAFER, MINNESOTA 55074 The following is a summary of actions taken or implemented in 2008: See attached list for dates and quantities of water placed in pit for dust control. We placed over 827,000 gallons of water, averaging over 3.6 loads and 12,650 gallons daily. Attached is an invoice for calcium chloride dust palliative. Attached is an invoice for seed for disturbed areas as required by the permit totaling approximately 7 acres. An Equal Opportunity Employer 2008 Water to Johnson PIT Date Job Loads 04/29/08 :767 2 04/30/08 :767 2 05/01/08 :767 3 05/05/08 :767 2 05/06/08 :767 3 05/07/08 :767 3 05/08/08 :767 3 05/09/08 :767 6 05/10/08 :767 2 05/12/08 :767 3 05/13/08 :767 3 05/14/08 :767 3 05/15/08 :767 5 05/16/08 :767 4 05/19/08 :767 4 05/20/08 :767 5 05/21/08 :767 3 05/22/08 :759 1 05/23/08 :759 2 05/27/08 :759 1 05/27/08 :759 2 05/28/08 :759 2 05/28/08 :759 1 05/29/08 :759 1 05/29/08 :759 1 06/13/08 :767 7 06/14/08 :767 6 06/16/08 :748 4 06/16/08 :767 5 06/17/08 :748 4 06/17/08 :767 4 06/18/08 :748 2 06/18/08 :715 1 06/18/08 :767 2 06/19/08 :748 4 06/19/08 :767 4 06/20/08 :748 5 06/20/08 :767 4 06/23/08 :748 3 06/23/08 :715 1 06/23/08 :764 1 07/10/08 :766 2 07/15/08 :771 4 07/22/08 :771 3 07/23/08 :771 4 117/74mR •75Q _u P.O. BOX 34325 UfIVAR SEATTLE, WA 98124 -1325 www.univarusa:com 0 unlvAR CUST. NOJSHIP TO 155099 SHAFER CONTRACTING CO INC PO BOX 128 SHAFER MN 55074 -0128 5.1.1506 1 MB 0.369 76714S11.XRX 155099 SHAFER CONTRACTING CO INC PO BOX 128 SHAFER MN 55074 -0128 hi1i111d 1iIn 1611i1I11III u11uIhlhllulullllhlh ORIGINAL NVOICE PLEASE DETACH HERE AND RETURN BOTTOM PORTION WITH YOUR PAYMENT INVOICE NO. INVOICE DATE i UNIVAR ST PAUL 845 TERRACE CT ST PAUL MN 55130 651 774 -9400 1 CUST. NO. /SHIP TO 155099 001 SHAFER CONTRACTING CO INC 30405 REGAL AVENUE SHAFER MN 55074 INVOICE NO. INV. DATE ORDER NO. ST 692767 06/09/08 I 429969 SHIP DATE TAX EXEMPT N0. 06/09/08 I CUSTOMER P.O. N MBAR 27768 SALES REP. JON DOCKEN PRODUCT DESCRIPTION 761490 CALCIUM CHLORIDE 83 -87% 50 LB BG DOWFLAKE XTRA DOW VL21014 FLK BAG PLAS 011 TERMS: NET 30 Shafer Contracting Received FREIGHT TERMS COLLECT WARE:HOUSETOCATION ST PAUL SALES DEPARTMENT INDUSTRIAL CHEMICAL TAX QUANTITY ORDERED Y 112.00 BG QUANTITY SHIPPED B.O. FOB 112.00 BG ME SALES D TAX: INVOICE TOTAL: ]I ti mss+. .d /tom g1 nu. ON TIME DELIVERY WILL CALL OBL ENTERED BY WENDE MCGRAW BIWNG QTYJ UNIT PRICE 112.00 10 ri ur1 gEiti AMOUNT DUE UNIVAR WAREHOUSE UNIVAR USA INC 13009 COLLECTIONS CTR DR CHICAGO IL 60693 PLEASE USE REVERSE SIDE FOR DETAILING DEDUCTIONS OR PAYMENT DISCREPANCIES Page 1 OF 1 EXTENDED AMOUNT 1148.00 AMOUNT PAID 1148.00 80.36 1228.36 yYr t:. 1 fP'i3'i VR t 1' S 4r stw iti:.xw.L NY Jb'J.' curs .501 774A3 �N Z5',WS•OA•1 Sac ?67' I,2 ent a MIL t m beep tedfromtmetoti subject toUnothert Standard c neand Conditions of Sale as o the date ss w hprtesC01 SalestermaAPIaa y ST- 692767 I 06/09/08 1228.36 REMIT TO Date I nvoice 6/23/2008 19140 TWIN CITY SEED COMPANY. 7265 Washington Ave. So. Edina, MN 55439 -2403 Phone: 952.944.7105 Bill To Shafer Contracting Co. Inc. P 0 Box 128 Shafer, MN 55074 Invoice Ship To P.O. No. 28131 Description 50# MNDOT 150 TS SEED MATURE 50# MNDOT 150 TS SEED MIXTURE MN SALES TAX 6.5% and Hennepin Cty .15 Shafer Contracting Received �S JUL 0 2 2008 Job Func Cost 0(j7 Thank you for your seed business! Terms Net 30 days Qty Rate 72.50 72.50 6.65% 5 0.6 Rep JUG Amount 362.50T 43.50T 27.00 Total $433.00 Dear Mr. Zweber: Saje 6cfttacte Goa.. T.e&. Mr. Eric Zweber City of Rosemount 2875 145 Street West Rosemount, MN 55068 -4997 December 9, 2008 Re: Mineral Extraction Permit 12500 Rich Valley Blvd. We have taken the following action in response to several complaints directed at our operation at the November 25, Planning Commission Meeting. On December 4, we arranged for American Engineering Testing (A.E.T.) to perform olfactory testing of the Schnieder Koehnen well. The odor that they detected is not uncommon in un- chlorinated residential wells. A copy of A.E.T.'s report is attached. On December 5, our corporate safety director, Jason Zins and 1 visited Mr. Gary Ista at his residence to attempt to observe the discoloration on his steel shed roofs. Unfortunately the roofs were snow covered. Mr. Ista stated that the area of concern on the smaller shed was only under the drip line of an overhanging tree. He stated that the other shed was constructed in 1983. No staining was visible at the time of our visit. Mr. Ista agreed to call us when the snow melts from the Roof. Mr. Ista filled a cup of water from his yard hydrant. We were unable to detect any odors. SAS:bs Enclosures Yours very truly, SHAFER CONTRACTING CO., INC. By: Scott A. S An Equal Opportunity Employer SHAFER, MINNESOTA 55074 121 A AMERICA' ENGINEERING TESTING, INC. December 9, 2008 Shafer Contracting Co., Inc. P.O. Box 128 Shafer, MN 55074 Attn: Mr. Scott Spisak RE: Olfactory Testing Results Schnieder- Koehnen Well Rosemount, MN AET Project #03 -02525 This document shall not he -en; oduced. trop` it !uN without yahoo appnrmi of American Engineering Testing, Inc 550 Cleveland Avenue North St. Paul, MN 55114 Phone 551- 859 -9001 Toll Free 800-972-6364 Fax 651 -659 -1379 www.amengtest.com offices rougheut Florida, Minrssata, South Dakota Wisconsin AN AFF R41';: E AC TK)N AND EQUAL OPPORTUNITY EMPLOYER CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS Dear Mr. Spisak: This letter summarizes the results of recent olfactory testing performed by American Engineering Testing, Inc. (AET) at the above referenced site in Rosemount, Minnesota. The sampling event was performed on December 4, 2008. Olfactory sampling On December 4, 2008, Ms. Kirsten Thompson of AET visited the above referenced site. Hot and cold water samples were collected from the kitchen sink faucet in the house and hot and cold water samples were collected from the sink in the shop area in the garage on the property. The water was allowed to run for at least three minutes before sampling. Four -I liter Amber jars were filled with water to allow for multiple olfactory tests. At the time of sample collection, a strong odor of "rotten eggs" was noted in the cold water in the house. The odor was also noted in the hot water of the house but less strong than the cold water. No odors were noted in the hot or cold water samples taken from the shop area. These results were verified by Mr. Robert Kaiser by smelling the water in the sample jars at AET's office on December 4, 2008. Discussion Based on the occurrence of the odor in the water samples from the house but not the shop, it is our opinion that the source of the odor occurs within the plumbing system inside the house. Some possible explanations for this "rotten egg" smell include the occurrence of bacteria in the pipes, water softener, or water heater. This type of odor is common in residential water systems with un- chlorinated well water. Consultation with a plumber is recommended. Shafer Contracting Co., Inc. AET #03 -02525 December 9, 2008 Page 2 of 2 Please contact me at 651 -659 -1332 if you wish to discuss these results or any other aspects of the project. Reviewed By, Prepared By, American En •ineering Testing, Inc. Ame ican Engineering Testing, Inc. Kirsten C. Th. sots Robert A. Kaiser Geologist Vice President, Environmental Division JJ1D Arsenic \"`b"J D a Calcium 56.2 57 61.1 Iron 0.121 0.0864 7.8 Lead 0.00039 0.0062 0.003 Magnesium 23.6 26.4 25.4 Manganese 0.16 0.171 0.144 Potassium 1.6 1.67 1.68 0.0 0.0 0.0 0.0 Sodium 2.96 3.01 2.82 0.0 0.0 0.0 0.0 Total Cations (calculated) 84.6 88.3 91.1 0.0 0.0 0.0 0.0 al to r aaaau,uao Total Dissolved Solids 241 245 250 Total Suspended Solids nd nd nd pH 7.9 7.6 7.8 Total Coliform present absent absent Sulfide 0.12 0.11 nd Sulfate 13.8 11.7 11.6 VOC's 166.8 159.8 nd 0.0 0.0 0.0 0.0 chloromethane 251.5 0.001 nd 0.0 0.0 0.0 0.0 toluene 0.0014 nd nd LUZ Alkalinity, Bicarbonate (as CaCO3) 250 242 242 Alkalinity, Carbonate (as CaCO3) Alkalinity, Total (as CaCO3) 246 242 242 Chloride Nitrate (as N) 0.12 0.11 0.14 Sulfate 13.8 11.7 11.6 Total Anions (calculated)* 166.8 159.8 159.8 0.0 0.0 0.0 0.0 Total Cations Anions (calculated) 251.5 248.2 251.0 0.0 0.0 0.0 0.0 Shafer Contracting Rosemount Well Sampling Results Comparison Schnieder Koehnen Well Sample Date Cati Ani Gen 8/17/2006 9/6/2007 8/21/2008 Bicarbonate Alkalinity as HCO3 0.61 x (Bicarbonate Alkalinity as CaCO3) Carbonate Alkalinity as HCO3 0.60 x (Carbonate Alkalinity as CaCO3) Nitrate as NO3 4.429 x (Nitrate as N) Blank cells or nd non detect Page 1 of 2 AET Project No 03- 032525 ns Alkalinity, Bicarbonate (as CaCO3) 237 234 268 260 Alkalinity, Carbonate (as CaCO3) 57.3 Total Suspended Solids nd nd Alkalinity, Total (as CaCO3) 237 234 7.6 7.8 Chloride 0.00051 Total Coliform absent Nitrate (as N) 0.18 0.37 nd Sulfate 17.7 19.5 Total Anions (calculated)* 163.1 163.9 0.0 0.0 0.0 0.0 Total Cations Anions (calculated) 251.3 255.3 0.0 0.0 0.0 0.0 Total Cations (calculated) rat rarameters 0.00023 Total Dissolved Solids 268 260 Calcium. 57.3 Total Suspended Solids nd nd Iron 0.116 p H 7.6 7.8 Lead 0.00051 Total Coliform absent Magnesium 26.7 Sulfide nd Manganese 0.0837 0.552 Potassium 1.53 VOC's nd nd Sodium 2.49 2.65 ms Arsenic 0.00023 Calcium. 57.3 60.6 Iron 0.116 Lead 0.00051 0.004 Magnesium 26.7 26 Manganese 0.0837 0.552 Potassium 1.53 1.62 Sodium 2.49 2.65 Total Cations (calculated) 88.2 91.4 0.0 0.0 0.0 0.0 Shafer Contracting Rosemount Well Sampling Results Comparison Shafer Well Sample Date Cati Ani Gen not sampled 9/6/2007 8/21/2008 (mg/ (mg/ AET Project No 03 032525 Bicarbonate Alkalinity as HCO3 0.61 x (Bicarbonate Alkalinity as CaCO3) Carbonate Alkalinity as HCO3 0.60 x (Carbonate Alkalinity as CaCO3) Nitrate as NO3 4.429 x (Nitrate as N) Blank cells or nd non detect Page 2 of 2 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING NOVEMBER 25, 2008 5.a. Shafer Contracting Mineral Extraction Permit Renewal (08- 42 -ME). Senior Planner Zweber reviewed the staff report. 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). Mr. Zweber stated that staff recommends the Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2009. The Applicant, Scott Spisak, of Shafer Contracting, was present but did not have any additional comments. The public hearing was opened at 6:35p.m. Charlie Koehnen, 12255 Rich Valley Blvd., approached the Commission and asked when Shafer planned on planting grass to better control the dust. Myron Napper, 3381 145 Street East, approached the Commission and asked about the placement of top soil when the mine is completed. He further questioned the depth of the hole and stated he felt the hole was deeper than what was permitted. Mr. Koehnen approached again and stated in response to Mr. Napper's comments that the top soil is still on the property but that it hasn't yet been put back in place and that the depth of the hole is deeper than 40 feet but the digging was done after the permit was amended in 2006 to allow deeper mining. Joan Schneider, 12255 Rich Valley Blvd., approached the Commission and stated her concern with the smell of her tap water. She stated that since Shafer has begun pumping water out in large quantities that her tap water has a horrible odor. She requested the Commission to have someone look into why there is an odor. Gary Ista, 12131 Rich Valley Blvd., approached the Commission with three concerns. One, Mr. Ista stated that noise is a concern on certain days depending on which way the wind is blowing. Second, Mr. Ista stated that two of his roofs are turning black due to the dust and dirt in the air. Third, Mr. Ista stated that the water has changed and there is an odor. He brought a sample of water for any of the Commissioners to taste. He requested that his water be tested. Mr. Spisak addressed the questions raised by the public comments. With respect to the planting of grass to control dust, Mr. Spisak stated that Shafer has done some planting on the top and west area of the berm. He further stated that they have not hauled any top soil off of the property. The berm on the north ends of Phases 2, 3, and 4 consists of top soil. With respect to the water, Mr. Spisak stated that Shafer has an agreement with Charlie Koehnen and Joan Schneider to test their well water annually in August. This past August, the water from a spigot on the side of the house was tested and the results showed safe drinking water. Mr. Spisak stated that Shafer would be happy to test the water on the inside of the home. He further stated that Shafer installed their own well in 2007 and haven't any problems with the water. Mr. Spisak stated that Shafer will speak with Mr. Ista about testing his water also and he stated it is the first time he's heard about the roofs turning black on Mr. Ista's property. Myron Napper approached the Commission again and asked what the term "haulback" meant. Mr. Spisak gave an explanation of haulback is the hauling back of clean fill material only from MnDOT projects Joan Schneider approached again and stated her disagreement of Mr. Spisak's claim that the water flows mainly from west to east. She believes that the extra pumping on the site is affecting her well water. The water may have tested fine chemically but the odor is there and that affects the quality of life. There was no further public comment. MOTION by Schultz to close the public hearing. Second by Schwartz. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:57p.m. Mr. Zweber addressed the public comments. With respect to planting grass, Mr. Zweber stated that Shafer did provide a receipt as well as a letter stating they purchased seed for approximately 7 acres of their site. Mr. Zweber stated that seed was planted late in the season and hopefully the seed will last through the winter or Shafer will have to replace it in the spring. He further stated that there is no vegetation within the haulback area but there was vegetation on the areas Shafer was repairing for erosion. Mr. Zweber stated that Shafer was approved to mine to an elevation of 840 feet and there is no indication of them exceeding that elevation. He further stated that it is a within condition within the mining permit that no top soil can be removed from the site. Mr. Zweber stated that he cannot address the odor of the water but added that Shafer is not allowed to go below the aquifer. If they hit groundwater, they are not allowed to go any deeper. Mr. Zweber stated that he has inspected the site this year, once the site has been dry and the other time was after a week of wet weather and a small amount of water was in the bottom of the mine. Mr. Zweber stated that the Police Department has not received any reports of noise in the past year. He further stated that a separate account has been established in the Police Department for the Shafer site and if any resident experiences problems with noise, they are requested to report it. Mr. Zweber stated that MnDOT conducts three different tests on the haulback materials before it goes back to the site. City staff reviews all reports received. Chairperson Messner asked Mr. Zweber where the large amount of water being pumped from the site is coming from. Mr. Zweber replied that the water is coming from Shafer's well from the same aquifer as the Koehnen's well, and not from the pit. Mr. Spisak stated that the haulback testing is very thorough and Shafer has never any material hauled back to this site that has had problems. MOTION by Schultz to recommend the City Council renew the Shafer Mineral Extraction Permit for 2009. Second by Palda. Ayes: 5. Nays: Schultz. Motion approved. As follow -up, Mr. Zweber stated this item will go before the Council on December 16, 2008. Chairperson Messner added that Shafer should try to figure out why there is an odor to the surrounding residents' water.