HomeMy WebLinkAbout6.g. 2003 Mineral Extration Permit Amendment for Shafer Contracting Co.CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
t
City Council Meeting Date: February 20, 2003
AGENDA ITEM: 2003 Mineral Extraction Permit Amendment —
AGENDA SECTION:
Shafer Contracting Co.
Consent
PREPARED BY: Rick Pearson, City Planner
AGENDA
I TEM
ATTACHMENTS: Maps, Draft Amended Conditions for 2003
APPROVED BY:
Applicant & Property Owner(s): Scott Spisak of Shafer Contracting Co.
Location: i / 4 mile west of County Road 71 and 1 mile north of County Road 38
Area in Acres: 90
Comp. Guide Plan Desig: Agriculture
Current Zoning: Agriculture
Nature of Request: Mineral Extraction Permit Amendment for expansion into phase 4 and
initiate reclaimation of phase 3.
SUMMARY
Scott Spisak of Shafer Contracting Company has informed staff of Shafer's interest in accelerating operations in
the pit area near County Road 71. This comes as a result of Shafer's successful bidding for the 494 bridge
project in Newport / South St. Paul. The amendment would increase the amount of active area to 19 acres,
which is consistent with Rosemount's mining standard. As a result, the activity would open up the next phase
area, and start the process of reclaimation for the current phase 3, which has been the focus of activity for
several years.
The conditions of operation are being revised to reflect the increased security needed for the enlarged pit area, as
well as reflecting phase 4.
RECOMMENDED ACTION:
Motion to authorize the revisions to the mineral extraction permit for Shafer Contracting Company subject to
the attached revised conditions for 2003.
CITY COUNCIL ACTION:
Mineral Extraction Permit
Revised 2003 Conditions For Mineral Extraction Permit
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. That this permit is granted for the area designated as the eastern half of Phase 4 (6.5
acres) and Phase 3 (13 acres) on Exhibit A (drawing 5 of 7 dated April 6, 1999),
which is attached hereto as one of the exhibits.
C. That the term of the permit shall extend from January 1, 2003 until December 31,
2003 unless revoked prior to that for failure to comply with the permit requirements.
A mining permit fee of $330.00 shall be paid to the City of Rosemount.
D. That all required permits from the State of Minnesota, County of Dakota and City of
Rosemount (hereinafter "City ") or any of their agencies be obtained and submitted
to the City prior to the issuance of the permit. That 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. That the final grading for the permit area shall be completed in accordance with the
grading plan labeled Exhibit B (drawing 7 of 7 dated April 6, 1999) 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.
G. That 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
2001 Mining Permit
Shafer Contracting
2 of 5
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 his designee) or
Rosemount Police Department, the City may proceed immediately to complete or
contract cleanup at Property Owner's expense without prior notification.
H. That the surface water drainage of the mining area shall not be altered so as to
interfere, contaminate, or otherwise effect the natural drainage of adjacent property
That no topsoil shall be removed from the site and that 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. That 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. That the Property Owner 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. That 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. That the daily hours of operation for the mining area shall be limited to 7:00 a.m. to
7:00 p.m., subject, however, to being changed by the City Council
M. That the Property Owner deposit with the Planning Department a surety bond or
cash escrow in the amount of Five Thousand Dollars per acre ($5,000.00 /acre) for
any active phase (currently estimated at $97,500.00) 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 with the right of the surety company to
cancel the same upon thirty (30) days written notice to the permit holder and
the City.
(2) Satisfactory to the City Attorney in form and substance.
2001 Mining Permit
Shafer Contracting
3 of 5
(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 his 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, or 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, 2003
until July 30, 2004.
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 escrow during the term of this
permit in order to insure that the City is adequately protected.
N. That the Property Owner furnishes 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 anyone occurrence, bodily injury liability in an
amount of at least One Million and no /100 ($1,000,000.00) Dollars 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 March
24, 2003 until March 24, 2004.
O. That 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. That the Property Owner shall hold the City harmless from all claims or causes of
action that may result from the granting of the permit. That the Property Owner
shall indemnify the City for all costs, damages or expenses, including but not limited
to attorney's fees which the City may pay or incur in consequence of such claims.
Q. That the Property Owner 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.
2001 Mining Permit
Shafer Contracting
4 of 5
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.
S. That 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 a gradient of 25% or four to 1 (4:1).
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.
Z. There shall be no "haul- back" of materials from any other property or job site that
would be imported to the property for fill or other purposes other than incidental
concrete recycling as referred to in paragraphs O, V and W; and topsoil imported for
the purpose of re- establishing turf as accepted by the City.
2001 Mining Permit
Shafer Contracting
5 of 5
AA. 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 which result in excessive noise.
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 , 2003.
Shafer Contracting Co., Inc.
By:
George Mattson, Its President
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2003, by George Mattson, President of Shafer Contracting Company,
Inc., the Property Owner, on behalf of the Corporation.
Notary Public
&, 0, 14C.
February 4, 2003
Mr. Rick Pearson
City of Rosemount
2875 145 Street West
Rosemount, MN 55068 -4997
Re: Mining Permit
12500 Rich Valley Blvd.
Dear Mr. Pearson:.
As you may recall, at the time of your site inspection in November, we were beginning another
segment of reclamation grading and topsoiling.
I would like to detail for you here, the work we have completed to date and outline our plans for
this year's operations.
For the Phase 1 and 2 areas, by the end of the 2002 construction season, we had completed finish
grading, topsoiling and seeding of all slopes. Please refer to the enclosed annotation of sheet 5
of 7 dated 1/20/03. We feel and hope you would agree that we have met our obligations and
commitments to restore and improve the property and operate in a responsible manner.
The phase 3 area consists of about 13 acres, approximately 2 acres of which are occupied by the
recycling operation. The existing topsoil stockpile occupies another 0.64 acres for a total net
operating area of about 10.36 acres. Of this, approximately 9 acres or about 87% is at or very
close to the finish grades shown on sheet 7 of 7 (dated April 6, 1999) of the approved
reclamation plan.
We have estimated that phase 3 contains only about 60,000 cubic yards of remaining sand and
gravel reserves. I have enclosed an analysis showing that we require in excess of 1.3 million
cubic yards of sand from the pit to complete work under contract.
To meet these current contract requirements, early this year we will need to begin operations in
phase 4.
An Equal Opportunity Employer
s4 n Gowora� &. Ism
As permitted by City Ordinance, we are allowed to operate in not more than two phases at one
time (ordinance section 12.4:D.4.c) and the maximum operating area cannot exceed 19.5 acres
(ordinance section 12.4:D.4.d). We will not exceed either operating requirement.
Therefore, at this time we request that Council approve a language change in paragraph `B "
our permit that is consistent with the Ordinance and our approved Mineral Extraction Plan.
We request that paragraph "B" of the permit be changed to the following:
"B. That this permit is granted for an area not to exceed 19.5 acres in phases 3
and 4 on Exhibit A (drawing 5 of 7 dated April 6, 1999), which is attached hereto
as one of the exhibits."
Along with this approval, we will increase the amount of our surety bond as required by
paragraph "M." of the permit. The current bond covers the 13 acres in phase 3 at $5,000.00 per
acre or a total of $65,000.00. We propose raising this amount to cover the 19.5 acres to a total of
$97,500.00.
Since most of the phase 3 floor area is at or close to the proposed finish grades, we intend to
place the topsoil stripped from the 6.5 acres in phase 4 directly on the finished areas in phase 3.
This procedure is addressed in the narrative portion of our approved Mineral Extraction Plan.
We intend to keep the existing topsoil stockpile in phase 3 for use in future reclamation areas
where we may be short of existing topsoil.
We would like to have this language change scheduled for Council consideration as soon as
possible so that the necessary paperwork including additional surety bond can be inplace for the
beginning of the construction season in late March.
Please call me at 651- 257 -5019 should there be any questions or additional information that you
may require.
Yours very truly,
SHAFER CONTRACTING CO., INC.
�
By: 4
Scott A. isak`
SAS:cp
Enclosures
P� 6 2", *70ec,
January 15, 2003
Johnson Pit
• Source for Sand Under Contract
Select Granular Borrow Modified 10% & 440 Sieve
• Job: 702 65,000 cy (cv) 71,500 cy (ev)
• Job: 711 244,468 cy (cv) 268,915 cy (ev)
• Job: 715 240,733 cy (cv) 264,806 cy (ev)
605,221 cy (ev)
Select Granular Borrow
• Job: 698
21,176 cy (cv)
23,294 cy (ev)
• Job: 711
102,621 cy (cv)
112,883 cy (ev)
5,663 cy (cv)
6,229 cy (ev)
• Job: 714 (MAC)
150,000 cy (cv)
165,000 cy (ev)
• Job: 715 (Newport)
409,603 cy (cv)
450,563 cy (ev)
757,969 cy (ev)
Grand Total
1,363,190 cy (ev)
Current Estimated Reserves
• Phase 3
± 60,000 cy (ev)
• Phase 4
1,125,000 c (ev
Total
1,185,000 cy (ev)
SHAFER, MINNESOTA 55074
An Equal Opportunity Employer