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.
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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
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P.O. BOX 34325
UfIVAR SEATTLE, WA 98124 -1325
www.univarusa:com
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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
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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.
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112.00
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ME SALES D TAX:
INVOICE TOTAL:
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ON TIME DELIVERY
WILL CALL OBL
ENTERED BY
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UNIT PRICE
112.00
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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
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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.