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HomeMy WebLinkAbout6.o. Renewal of the Shafer Contracting Co., Inc. Small Scale Mineral Extraction Permit for 2023 EXECUTIVE SUMMARY City Council Regular Meeting: January 17, 2023 AGENDA ITEM: Renewal of the Shafer Contracting Co., Inc. Small Scale Mineral Extraction Permit for 2023 AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.o. ATTACHMENTS: Site Location, Draft 2023 Mining Permit, Applicant Letter, Excerpt from the December Planning Commission Meeting Minutes, 2022 Current Operations/Reclamation Status, 2023 Proposed Operations, Compaction Testing Results, Site Aerial, Site Photos APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the Shafer Contracting Co., Inc. Small Scale Mineral Extraction Permit for 2023, subject to the terms and conditions in the attached Draft 2023 Conditions for Mineral Extraction SUMMARY Applicant and property owner: Shafer Contracting, Co. Inc. Location: ¼ mile west of Rich Valley Blvd., 1 mile north of Bonaire Path East. Area in acres: 93 acres total area, approximately 15 acres active in the western 100 feet of Phase 4 and all of Phase 5. Comp Plan & Zoning: Agriculture Extraction progress: Phase 5 out of 7 (approximately 60% complete). Nature of request: Annual renewal The Council is being asked to consider a request from Shafer Contracting Company, Inc. to renew the existing Small Scale Mineral Extraction Permit for its operation located within the 12000 Block of County Road 71 (one mile north of Bonaire Path East along Rich Valley Blvd.) in the northeastern portion of Rosemount. Small Scale Mineral Extraction is permitted in the City as an Interim Use within specified areas, and the permit for such uses expires after one year. The Shafer site has been operating as a mine for several years, and the request for renewal is consistent with similar renewals that have previously been issued for the site. The operator indicated that in effect no activity has occurred at the mine site and therefore the attachments and conditions are consistent with what was approved since 2018. The mine is used solely for projects associated with Shafer Contracting projects. The Planning Commission and staff are recommending approval of the renewal. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this request and receive public comment. No public comments were received, and the Planning Commission voted unanimously to recommend approval of the small scale mineral extraction renewal. 2 BACKGROUND Shafer has been extracting minerals from the site since 1998 and has owned the property since 2000. The applicant reports that 53,975 cubic yards of sand or gravel was removed in 2022, and there was 32,395 cubic yards of haul-back or recycled material brought to the property over the past year. It is unclear what the expectations are for 2023 although the applicant wants to have the resource available should the need arise. Shafer would continue removing aggregate from Phase 5 as identified on the Proposed Operations and Reclamation Plan and depositing haul-back material in the middle 500 feet of phases 2, 3, and 4. Haul- back operations have a low elevation of about 850 feet in phases 3 and 4 and progress up to an 875 elevation in phase 2. In 2006, the City Council approved the haul-back operation if it complied with the following standards: from a MnDOT construction project, is clean fill material, does not contain organic matter, and meets a 95% compaction threshold. Shafer previously submitted test results for the haul back material through 2015, but in recent years had asked to delay the compaction testing due to the limited amount of haul-back material brought into the site, since 2015. Shafer conducted compaction testing of haul-back material in September of 2022 that met the 95% compaction requirement. As a part of the annual review of all mineral extraction permits, staff performs an inspection of the site and consults with the Rosemount Police Department regarding any police activity. No ordinance or permit condition violations were apparent during the inspection. Police records found no incidents at the subject property during 2022. RECOMMENDATION The site has had very little mining activity over the last several years. The issue of mining and haul-back is addressed in the IUP conditions. The Planning Commission and staff recommend renewal of the Small Scale Mineral Extraction Permit at the Shafer Contracting Co. Inc., mine for 2023. Small Scale Mineral Extraction Permit 2023 Conditions for Small Scale 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 western 100 feet of Phase 4 and all of Phase 5 (19.5 acres), on Exhibit A (Mining Operation and Phase Plan), which is attached hereto as one of the exhibits. Haul-back activities from Mn/DOT projects are permitted only within the middle 550 feet of Phase 2, Phase 3, and Phase 4 (19.5 acres), on entitled 2023 Proposed Operations/Reclamation. C. The term of the permit shall extend from January 1, 2023 until December 31, 2023 unless revoked prior to that for failure to comply with the permit requirements. D. All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit. E. The final grading for the permit area shall be completed in accordance with the grading plan Exhibit B (Proposed Reclamation and End Use Plan), 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 County Road 71 (Rich Valley Boulevard). It shall be the Property Owner’s responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process. The current location of the access driveway is indicated on the Phasing Plan. A stop sign shall be installed at the driveway entrance to County Road 71, in accordance with standards on file with the City or County Highway Department. Warning signs including “Trucks Hauling” shall be installed at the Property Owner’s expense as needed in accordance with Dakota County requirements. 2022 Mining Permit Shafer Contracting 2 of 6 G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner shall clean dirt and debris from streets that has resulted from extraction or hauling operations related to the Mineral Extraction Permit. After the Property Owner has received 24-hour verbal notice, the City will complete or contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as determined by the City Administrator (or the Administrator’s designee) or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner’s expense without prior notification. H. The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. I. No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit C (Current Operations Map). J. Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. K. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Administrator or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday, subject, however, to being changed by the City Council. M. The Property Owner shall deposit with the Planning Department a surety bond or cash deposit in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) for any active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to ensure performance of all requirements of this agreement and City ordinances by Property Owner. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. (2) Satisfactory to the City Attorney in form and substance. 2022 Mining Permit Shafer Contracting 3 of 6 (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Administrator (or the Administrator’s designee) or any other City officials. (4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all claims, for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. (5) The surety bond or cash escrow shall remain in effect from January 1, 2023 until July 31, 2024. 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 Five Hundred Thousand and no/100 ($1,500,000.00) 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, 2023 until July 31, 2024. O. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation at which time such activities will be enclosed with snow, or cyclone fencing or as approved by City staff. Construction of any ponding areas, wash plants or other processing or equipment brought to the site shall require additional City Council approval and notification of adjacent property owners. P. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such claims. Q. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. 2022 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. Reclamation requires the replacement of the entire stockpile of topsoil to the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion control, provided also that the minimum depth of topsoil shall not be less than two inches after reclamation. Topsoil for reclamation shall conform to specifications on file with the City. No restored slopes may exceed the gradients shown on exhibit Proposed Operations 2023. U. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. V. All recycling must be completed within the 280 feet of Phases 2, 3, as shown on exhibit 2023 Current Operations/Reclamation Status. No recycling processes shall be allowed to continue into subsequent phases. W. 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. X. 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. Y. 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, U and V; 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. Z. 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. 2022 Mining Permit Shafer Contracting 5 of 6 AA. 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 if requested. These reports shall be provided within 14 days after the end of the quarter. BB. 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. CC. Shafer Contracting Co., Inc. shall compact the entire reclamation site to a minimum compaction of 95% of maximum dry density. DD. 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. EE. 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 MnDOT seed mix 130B. Operating areas including working faces, material stockpiles, haul roads, staging areas, and active reclamation areas are not required to be seeded. FF. The City of Rosemount shall have the ability to collect independent soil and water samples. 2022 Mining Permit Shafer Contracting 6 of 6 IN WITNESS WHEREOF, Shafer Contracting Company, Inc. the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit this _______ day of ______________, 20___. Shafer Contracting Co., Inc. By:________________________________ Frank Weiss, Its President STATE OF MINNESOTA ) ) ss COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _________ day of _________________, 20____, by Frank Weiss, President of Shafer Contracting Company, Inc., the Property Owner, on behalf of the Corporation. ________________________________________ Notary Public EXCERPT FROM THE DECEMBER 19, 2022 PLANNING COMMISSION MEETING MINUTES 6d. Shafer Contracting Mineral Extraction Permit Renewal. Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. The Planning Commission is being asked to consider a request by Shafer Contracting for the annual renewal of a small-scale extraction permit subject to the terms and conditions. This property is located west of Blaine Avenue and north of Bonaire Path. Commissioner comments: None. The public hearing opened at 7:09 pm. Public Comments: None. MOTION by Kenninger to close the public hearing. Second by Powell. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:09 pm. Additional Comments: None. MOTION by Reed to recommend the City Council to renew the Shafer Contracting small-scale mineral extraction permit for properties located at 4992 145th Street East. Second by Powell. Ayes: 6. Nays: 0. Motion Passes. Proposed Operations 2023 Testing DetailsTested By:Madilyn Frisk Date Tested:9/2/2022Field Methods:ASTM D 6938Gauge Make/Model:Troxler 3440 (NUCLEAR DENSITYGAUGE)Test Mode:Direct Transmission Standard Count: Density:2094 Serial Number:30253Standard Count: Moisture:650 Weather:Partly cloudyProctor InformationSample ID Material Method MDD(lb/ft³)OWC (%) AET-079565-S1 Sand w/ Silt and Gravel, fine to mediumgrained, brown (SP-SM)ASTM D 1557 (B)137.4 7.3 Test ResultsTestNo.Method Proctor Sample ID ProbeDepth(in.) WetDensity(lb/ft³) WaterContent(%) OWCVar (%)DryDensity(lb/ft³) Comp(%)CompSpec (%)Results 1 D 6938 AET-079565-S1 12 139.9 7.5 +0.2 130.1 95 ³95 OK2D 6938 AET-079565-S1 12 143.9 8.2 +0.9 133.0 97 ³95 OK3D 6938 AET-079565-S1 12 143.0 6.3 -1.0 134.5 98 ³95 OK4D 6938 AET-079565-S1 12 141.6 7.0 -0.3 132.3 96 ³95 OK5D 6938 AET-079565-S1 12 141.9 8.6 +1.3 130.7 95 ³95 OKLocationGeneral Location: Common Fill TestNo.Location Test Elev/Depth(ft)1 N: 44 46.245 W: 93 04.111 865.0'Elevation2N: 44 46.241 W: 93 04.087 874.0'Elevation3N: 44 46.244 W: 93 04.098 870.0'Elevation4N: 44 46.248 W: 93 04.124 861.0'Elevation5N: 44 46.248 W: 93 04.136 859.0'Elevation American Engineering Testing, Inc.St. Paul Construction Services550 Cleveland Ave NSt. Paul, MN 55114(651) 659-9001www.teamAET.com Report No: ND:AET-079565Issue No: 1 Project:12213 Blaine Avenue EastShafer-Johnson Pit Client:This document shall not bereproduced, except in full,without written approvalfrom American EngineeringTesting, Inc. Reviewed By: 9/26/2022Date of Issue: CC: Justin Eikeland Shafer Contracting Co., Inc Rosemount MNJob No:P-0015895 Field Density Test Report Page 1 of 1Form No: 110244, Report No: ND:AET-079565 © 2000-2022 QESTLab by SpectraQEST.com OWC = Optimum Water ContentMDD = Maximum Dry DensityOK = All Results Meet Specification Comments LegendOur compaction testing was done on a will-call basis. This level of involvement does not allow acomplete evaluation of the compaction levels & soil types for the entire fill system. The tests onlyprovide compaction and soil type data for the specific locations & elevations tested. Our services for this project have been conducted to those standards considered normal forservices of this type at this time and location. Other than this, no warranty, either expressed orimplied, is intended.