9.a amending annual operating permit Tiller Corp for Zavoral Sand and Gravel Mine and Reclamation project
Memorandum
To: Scandia City Council Reference: Tiller Corporation—Amendment to
the 2016 AOP
Copies To: Neil Soltis, City
Administrator
Mike Caron, Tiller
Corporation
Christina Morrison, Tiller
Corporation
Kirsten Pauley, Sunde
Engineering
Project No.: 16022.001
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: July 12, 2016
SUBJECT: Tiller Corporation, Inc. – 2016 Annual Operating Permit (AOP)
Application for AOP Amendment
MEETING DATE: July 19, 2016
LOCATION: East of the Intersection of State TH 97 and State TH 95
APPLICANT: Tiller Corporation
P.O. Box 1480
Maple Grove, Minnesota 55311
60-DAY PERIOD: March 27, 2016
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application, Plans and Related Submittals; monitoring reports and
recommendations from City’s subconsultants; comments from
agencies
BRIEF DESCRIPTION OF THE REQUEST:
Tiller Corporation is applying for an amendment to the 2016 AOP for the Zavoral Mine and
Reclamation project. The City of Scandia approved a Conditional Use Permit (CUP) for the
Project on February 19, 2013 and approved the 2016 Annual Operating Permit (AOP) for the
mine project in February, 2016.
Scandia City Council
Tiller Zavoral Mine 2016 AOP Amendment Page 2 July 19, 2016
Tiller has substantially completed mining at the Zavoral site. Tiller plans to proceed with
minimal mining and final establishment of reclamation grades for the site, and complete all
mining and grading by late summer or fall of 2016.
In May, Scandia approved a Conditional Use Permit for the Argo Navis Community Solar
Garden project (ANCSG). The solar garden will be developed an operated on a significant
portion of the Zavoral Mine site. The transition to this new use will require that the final grades
accommodate the use. The ground cover that will be established for the community solar
garden will be different from the plant communities that would have been established and
maintained as reclamation for the mine project.
Tiller is requesting that the 2016 Zavoral Mine AOP be amended based on the expected
transition of the use on the site from mining and reclamation to the solar garden. The key
issues include:
Completion of monitoring activities that were required during active mining
Completion of reclamation for the mine project, and City review of the completed project
Maintenance of the reclamation in the Phase I area (outside the community solar garden
project site)
Transfer of responsibilities for seeding, maintenance and monitoring of the site to
ANCSG
2016 AMENDED AOP
Staff have attached a proposed amended AOP to address the issues related to the end of the
mine project and transition to the community solar garden. The proposed amendment includes:
Requirements that Tiller continue to comply with the CUP and 2016 AOP conditions
until all mining activities are completed at the City.
Requirement that the City and its consultants remove all monitoring equipment after
mining activities are completed.
Tiller shall inform the city when all mining is completed and reclamation grades are
established. The City shall review the site to determine compliance with the CUP
requirements for ending the project (removal of equipment, final grades, etc.).
Tiller shall submit a final reclamation activity progress report, which shall include
reclamation and monitoring for the Phase I area as well as Phases 2-4.
Transfer of responsibilities for reclamation in the Phase I area to ANCSG as part of the
development agreement for the project. Maintenance and monitoring in this area must
continue for five years after completion of the mining project.
Release of Tiller Corporation from the reclamation obligations after the City has
approved the final reclamation report, final ANCSG plans for its project, and
development agreement with ANCSG.
Tiller Corporation
and its operating divisions
Barton Sand & Gravel Co.
Commercial Asphalt Co.
Barton Enterprises, Inc.
General: (763) 425-4191
Facsimile: (763) 425-7153
Web: www.tillercorp.com
Corporate Office:
P.O. Box 1480
7200 Hemlock Lane, Suite 200
Maple Grove, Minnesota 55311-6840
July 8, 2016 Neil Soltis City of Scandia 14727 209th St. N Scandia, MN 55073 RE: Amendment to the Annual Operators Permit-Zavoral Mining and Reclamation Project Dear Mr. Soltis: The following Annual Operators Permit (AOP) application amendment is being submitted in compliance with the City of Scandia’s Ordinance No. 103 and Chapter 4 of the Development Code: Mining and Related Activities Regulations, Section 6, adopted by the City of Scandia on August 28, 2007. Tiller Corporation (Tiller) operates the Zavoral Mining and Reclamation Project within the City of Scandia. The City of Scandia adopted a resolution on February 19, 2013 issuing a Conditional Use Permit (CUP) for the site. Since the CUP was issued, active mining commenced at the site during the Fall 2013 and substantial mining of the site was completed by mid-February 2016. In the Fall of 2015, Argo Navis Community Solar Gardens, LLC (ANCSG) began working on a plan to develop a portion of the Zavoral Mining and Reclamation Project into a solar garden. The City of Scandia adopted a resolution on May 17, 2016 issuing a CUP for the ANCSG Project contingent upon a revised Reclamation Plan and amended AOP for the Zavoral Mining and Reclamation Project. This application to amend the AOP for the Zavoral Mining and Reclamation Project is proposed as Tiller’s part in complying with the condition on the ANCSG Project. Tiller will continue to proceed with minimal mining and final establishment of reclamation grades for the site. Reclamation will continue as indicated in the approved Reclamation Plan for the Zavoral Mining and Reclamation Project. Also, the monitoring requirements as indicated in Tillers’ CUP and AOP will continue. Tiller expects to have all of its mining and grading work complete by late summer or early fall. Tiller understands that ANCSG will be submitting revisions to the Reclamation Plan to include seeding, maintenance and monitoring of the seeding that better accommodates their approved use of the site.
This Company is an Equal Opportunity Employer
July 8, 2016
Page 2 of 2
1.Tiller is requesting that once ANCSG submits their revisions for seeding, maintenanceand monitoring for the site and the City accepts their revisions, including financialassurance, Tiller shall be released of its reclamation obligations for the site.2.Tiller is requesting that once minimal mining is complete and reclamation grades arefully established, all monitoring, including noise, air quality, traffic, groundwater,surface water and species as indicated in Tillers’ CUP and AOP be concluded.Enclosed is a copy of the Proposed Reclamation Plan and Proposed Reclamation Plan with Solar
Garden which illustrates the proposed site conditions as part of this amendment to the AOP. If you have any questions please do not hesitate to call. I may be reached at (763) 425-4191. Sincerely,
Tiller Corporation
Michael Caron Director of Land Use Affairs
Cc (electronically): Sherri Buss, TKDA Nathan Franzen, Geronimo Energy Kirsten Pauly, Sunde Engineering, PLLC
Enc: - Proposed Reclamation Plan - Proposed Reclamation Plan with Solar Garden - City of Scandia Resolution No. 02-16-16-06 Approving Annual Operating Permit Application of Tiller Corporation for the Zavoral Sand and Gravel Mine and Reclamation Project - City of Scandia Resolution No. 05-17-16-01 Approving a Conditional Use Permit and Variance for a Community Solar Garden Located at 21205 St. Croix Trail North
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CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 05-17-16-01
APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR A
COMMUNITY SOLAR GARDEN LOCATED AT 21205 ST. CROIX TRAIL NORTH;
WHEREAS, Argo Navis Community Solar Gardens LLC has made an application for a
Conditional Use Permit and Variance to develop a Community Solar Garden to be located at
21205 St. Croix Trail North on 4 parels owned by James and Kathleen Zavoral; and
WHEREAS, the property is legally described in Appendix A, attached; and
WHEREAS, the Planning Commission reviewed the request for a Conditional Use
Permit at a duly noticed Public Hearing on May 3, 2016, and recommended approval of the CUP
and Variance; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does recommend approval of a Conditional Use Permit and Variance to develop a
Community Solar Garden at 21205 St. Croix Trail North, based on the following findings:
Findings for the Conditional [Jse Permit
1. The proposed use will not have negative impacts on the health, safety, and general
welfare of the occupants of surrounding lands. The proposed use will not produce
emissions or pollutants. The applicant must meet City and watershed requirements for
stormwater management and erosion and sediment control, and as a result will not impact
ground or surface waters. The use will create minimal traffic, and will be required to
obtain permits from MnDOT for roadway use. The use will not create noise impacts on
surrounding areas. The solar garden is proposed in a location that is well -below the grade
level of surrounding properties and TH 95 and 97. The location and the existing and
required vegetative screening will provide the screening that the Development Codes
requires for the project site from public roadways and neighboring properties. Based on
the conditions required for approval and operation of the Community Solar Garden, the
proposed use will not impact the health, safety or general welfare of the occupants of
surrounding properties.
2. The proposed use will not have negative traffic impacts on adjacent roadways. The site
was previously mined and generated significant traffic. The proposed use will create
traffic during construction that will be a reduction from the traffic generated by the
mining use. The applicant estimates that the site will generate approximately 15-35 trips
per day during construction of the Solar Farm. After construction, the site will generate a
Resolution No.: 05-17-16-01
Page 2 of 2
few trips each quarter to maintain the facility. The number of trips is within the capacity
of TH 95 and 97. The applicant is required to obtain access permits from MnDOT, and
abide by the conditions of the permits. The use does not require dedicated parking.
3. The proposed use will have a positive effect on utilities and no impact on school
capacities. The proposed use will help local energy utilities and the State of Minnesota to
meet goals for the generation of renewable energy, and therefore will have a positive
impact on utilities. It will not impact local school capacities.
4. The proposed use will not have a significant impact on property values and will not
impact scenic views. The proposed solar array will be screened from views from the St.
Croix Scenic Riverway, TH 95 (a State -designated Scenic Byway) and adjacent
properties based on its elevation in relation to surrounding grades, by existing berms and
vegetation, and by additional vegetative screening. The conditions require the applicant
to maintain and augment the existing vegetation that screens the site from views from the
St. Croix River and parcels to the north. The proposed use will not produce noise,
emissions or other impacts that would negatively affect property values.
5. The proposed use is consistent with the goals and strategies in the Comprehensive Plan.
The proposed use is within the Agriculture Core (AG C) District. The Comprehensive
Plan supports long-term agriculture and uses related to agriculture in these districts. The
city's Solar Ordinance permits the proposed use in the AG C District. The Plan also
encourages the use of renewable, local and diverse forms of energy to help to meet
Minnesota's climate protection goals.
6. The proposed use meets the dimensional requirements of the Development Code, and
with the conditions proposed for approval and approval of the requested Variance, would
meet the requirements and performance standards for Community Solar Gardens in the
Code.
7. The proposed use will not have negative impacts on groundwater, surface waters or air
quality. The proposed use will be required to obtain Watershed District and City permits
that will include requirements for managing grading, erosion, and sediment control to
protect ground and surface waters. The proposed plan will not impact wetlands or
wetland buffer areas. The project will not impact air quality.
8. The proposed use is allowed with a conditional use permit in the AG C District.
Findings for the Variance
1. The proposed variance is in harmony with the general purposes and intent of the official
control.
Approval of the variance to permit construction of the project in the previously mined
area will protect views from surrounding properties and public roadways; construction of
the project in a location that met the setback requirements would make it more visible
and violate the intent of the ordinance. The 600 -foot setback requirement in the Solar
Resolution No.: 05-17-16-01
Page 3 of 3
Ordinance was adopted primarily to be implement policies in the Comprehensive Plan to
protect viewsheds of and within the St. Croix Riverway corridor. It was also adopted to
protect wildlife habitat areas from potential visual and physical impacts of solar gardens,
such as stormwater and erosion.
The viewshed analysis in the Zavoral Mine and Reclamation EIS concluded that no part
of the project site is visible from the river, and that the existing bluffs and vegetation
block all views of the Site from any location on the river. The applicant's proposed site
plan places the solar garden in a location that is significantly lower than TH 95, TH 97,
and surrounding properties. The proposed site plan and conditions for the CUP require
that the applicant and owner work with the City and Tiller Corporation to revise the
Reclamation Plan approved for the Zavoral Mine and Reclamation Project to include
additional vegetative screening and modify the berms to protect views from TH 95. The
conditions require the applicant to install a "field" type fence design that has been
approved by the Minnesota DNR for similar projects to address potential wildlife
impacts. The proposed use will not create noise, stormwater runoff, or other impacts to
the proposed SNA or wildlife habitat within the Riverway District.
With the proposed location of the array at a low position within the site, the additional
screening required, and the proposed fencing, the proposed site plan are in harmony with
the general purposes and intent of the Comprehensive Plan and Development Code to
protect views of and within the Riverway from structures that may negatively impact
scenic views, and is in harmony with the purpose and intent to protect wildlife habitat
areas from potential impacts of the proposed use.
2. The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official controls. Community Solar Gardens are permitted, and
therefore reasonable, uses in the Agriculture Core (AG C) District. The proposed use is
a reasonable use based on the official controls.
3. The practical difficulties are not caused by the landowner, and are unique to the property.
The practical difficulties are unique to the property, and include the steep slopes on the
site that result from its use as a gravel mine prior to the current owner and mine project.
The proposed location maintains the widest possible setback from the Riverway
boundary and proposed SNA, while placing the structure outside the steep slope areas
where it would be more visible from the public roadway and adjacent properties.
4. The variance would not alter the essential character of the area. The parcel has been used
as a gravel mine in recent years and in the past. The proposed use will have less potential
impact to the character of the area than the mine operation. The proposed location of the
Community Solar Garden below the grade of adjacent parcels, and the conditions
requiring additional screening at the northwest corner of the site will preserve the
essential character of the surrounding area.
5. The practical difficulties are not caused by economic conditions alone. The practical
difficulties are the result of the steep slope areas on the site where the array could be
Resolution No.: 05-17-16-01
Page 4 of 4
viewed from public roadways and adjacent properties. The practical difficulties are not
only economic in nature.
6. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood. With the required permits, proposed solar garden
location on the site, and conditions required for screening, the proposed variance will not
impair the supply of light or air to adjacent properties, increase congestion, endanger the
public, or substantially diminish or impair property values in the neighborhood.
7. The required variance is the minimum action required to eliminate the practical difficulty.
The variance permits construction of the solar array in a location that is setback as far as
possible from the Riverway boundary while placing the array in a location where it will
be screened from view to meet the Development Code requirements. The proposed
variance is the minimum action needed to eliminate the practical difficulty to permit
construction of a barn on the parcel.
8. The proposed Community Solar Garden location meets the use's need for direct sunlight
for solar energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The project shall be in substantial compliance with the plans submitted to the City on
April 12, 2016, and shall submit updated plans to the City to address the items identified
for review and approval in these conditions before a building permit shall be approved for
the project.
2. The Solar Farm shall be in compliance with all applicable local, state and federal
regulatory standards, including the current Minnesota Building Code, the National
Electric Code, the State Plumbing Code and the Minnesota Energy Code.
3. The property owner shall secure and record the right -of- along the entire western
boundary of the property (Parcel ID 1803219330004) that includes approximately 113
feet in width east of the section line.
4. The applicant shall revise the plans to show proposed gravel access roads that are a
minimum width of 20 feet to meet public safety requirements. The applicant shall
include a proposed typical section of the gravel access road to show that it will support
emergency medical vehicles.
5. The solar farm shall be designed, located, and/or screened to prevent reflective glare
toward any inhabited buildings on adjacent properties and adjacent street rights of way.
6. The City shall work with the applicant, owner, Tiller Corporation, and the Washington
Conservation District to revise the Reclamation Plan and amend the 2016 Annual
Operating Permit for the Zavoral Mine and Reclamation project. The revised
Reclamation Plan shall address berms, vegetative screening, the planting plan and seed
mix, and a maintenance plan for the site through the completion of the Mining Project
Resolution No.: 05-17-16-01
Page 5 of 6
and for the lifetime of the Solar Garden project. The plan shall assure adequate screening
to protect views from public roadways to meet the Solar Ordinance requirements, and to
preserve the viewshed of the St. Croix River Valley. The approval of the Conditional
Use Permit for the Argo Navis Solar Garden shall be contingent upon City Council
approval of the revised Reclamation Plan and amended Annual Operating Permit.
7. The applicant shall work with Xcel Energy to remove the existing line of power poles
that cross the site and an adjacent private property, to find an acceptable new location for
the poles that addresses the adjacent landowner's request to have the poles moved off of
his property, the needs of the solar project site, and the needs of the property owner.
8. The seed mix approved for the site shall require that seeds shall come from a local seed
source, seed tags shall state that the mix is noxious weed free and Pure Live Seed
Certified.
9. The owner and applicant shall maintain the existing vegetation between the solar garden
and the St. Croix River bluffs to protect the river and bluffs to the east from views of the
proj ect.
10. The owner and applicant shall maintain the existing vegetation on the parcel to the north
and south of the solar garden to protect views from adjacent parcels and the proposed
Crystal Springs SNA.
11. The applicant shall confirm the setback from the Crystal Springs SNA.
12. The applicant shall complete dust control during construction using water only, with no
added dust -suppressant.
13. The applicant shall obtain the following permits:
a) All required Watershed District permit(s).
b) The required Grading/Land Alteration Permit from the City.
c) All necessary permits and approvals from MnDOT for the proposed access at TH
97.
14. The applicant shall address the City Engineer's comments included in his letter dated
April 19, 2016, including:
a) The applicant shall identify the proposed locations of grading activity on the
grading plan, and shall include an erosion and sediment control plan for
construction activities in the application.
b) All site work shall be in compliance with the rules of the Watershed District.
15. The applicant shall address MnDOT's comments included in its letter dated May 3.
16. The applicant shall comply with the Development Code and Solar Ordinance
requirements for the following items:
a) Fencing requirements: The applicant shall use the fence design recommended by
the Minnesota DNR for other solar garden projects. The applicant shall obtain an
Administrative Permit for the fence if it exceeds 6 feet in height.
Resolution No.: 05-17-16-01
Page 6 of 6
b) Lighting and signage
c) Signs.
d) Interconnection agreement: The applicant shall complete an interconnection
agreement with the local utility and submit a copy of the agreements to the City
before it issues building and other permits.
e) Proof of insurance: The applicant shall submit proof to the City that it has
obtained and maintains general liability insurance that meets the ordinance
requirement.
f) Developer agreement: The applicant shall complete a Developer Agreement with
the City. The Agreement shall include a financial guarantee acceptable to the
City to assure compliance with the Decommissioning Plan.
17. Any expansion of the Solar Farm shall require an amended conditional use permit.
18. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 17th day of May, 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
APPENDIX A
DESCRIPTION OF PROPERTY
Per Warranty Deed Doc. No. 850286)
All that part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section
18, Township 32 North, Range 19 West, described as follows, to -wit: From a point on the South
line of Section 18, Township 32 North, Range 19 West, distant 171 feet East of the Southwest
corner thereof, run Northeasterly at an angle of 107 degrees 03 minutes with said South section
line (measured from West to North), for a distance of 263.5 feet, thence deflect to the right at an
angle of 72 degrees 57 minutes for a distance of 113 feet, more or less to the point of beginning
which point being on the Easterly right of way line of Trunk Highway 95 as now established
and being a distance of 100 feet from the centerline of Trunk Highway 95 measured at right
angle to said centerline), thence continuing Easterly for a distance of 375.4 feet, thence deflect to
the left at an angle of 89 degrees 00 minutes for a distance of 1048.3 feet, thence deflect to the
left at angle of 90 degrees 32 minutes for a distance of 75.5 feet to a point on the Easterly right of
way line of Trunk Highway 95 as now established and being a distance of 100 feet from the
centerline of Trunk Highway 95 centerline measured at right angle to said Trunk Highway 95
centerline, thence running Southwesterly along Easterly right of way line of Trunk Highway 95
to the point of beginning.
Per Warranty Deed Doc. No. 544408)
PARCEL A.
That part of the Northwest 1/4 of the Southwest 1/4 of Section 18, Township 32 North,
Range 19 West, Washington County, Minnesota, described as follows: Commencing at
the West quarter corner of Section 18; thence South 0 degrees 00 minutes assumed
bearing, along the West line of Section 18, a distance of 441.6 feet; thence North 89
degrees, 58 minutes East, a distance of 860.6 feet to the point of beginning, on the center
line of State Highway No. 95: thence continuing North 89 degrees, 58 minutes East, a
distance of 573 feet, more or less, to the East line of the Northwest 1/4 of Southwest 1/4,
Section 18; thence Southerly along said East line, a distance of 863 feet, more or less, to
the Southeast corner of the Northwest 1/4 of Southwest 1/4, Section 18; thence Westerly,
along the South line of the Northwest 1/4 of the Southwest 1/4, Section 18, a distance of
874 feet, more or less, to the center line of State Highway No. 95; thence Northeasterly
along said highway center line, a distance of 913 feet, more or less, to the point of
beginning.
PARCEL B
The Southwest 1/4 of the Southwest 1/4 of Section 18, and the Northwest 1/4 of the
Northwest 1/4 of Section 19, both in Township 32 North, Range 19 West, excepting
therefrom the following:
a) All those parts thereof that lie West of the Centerline of County State Aid
Highway No. 53 and State Highway No. 95.
b) That part of the Southwest 1/4 of the Southwest 1/4 of Section 18,
Township 32 North, Range 19 West and that part of the Northwest 1/4 of the
Northwest 1/4 of Section 19, Township 32 North, Range 19 West, all in
Washington County, Minnesota, described jointly as follows:
Commencing at the Southwest corner of said Section 18; thence East along the
South line of said Southwest 1/4 of the Southwest 1/4 of Section 18, a distance of
171 feet; thence Northeasterly, deflecting to the left 72 degrees, 57 minutes, a
distance of 263.5 feet to a point hereinafter referred to as 'Point A"; thence East
parallel with the South line of said Southwest 1/4 of the Southwest 1/4 to the
point of beginning on the center line of State Highway No. 95 as the same is now
laid out and traveled; thence continue East along same parallel line to a point
distant 870.51 feet East of aforementioned 'Point A", thence South at a right
angle, a distance of 1460 feet, more or less, to the North line of the South 100 feet
Resolution No.: 05-17-16-01
Page 2 of 3
of the Northwest 1/4 of the Northwest 1/4 of Section 19; thence West along said
North line to the center line of County Road No. 53 as the same is now laid out
and traveled; thence Northwesterly along said center line to the intersection with a
line drawn perpendicular to the North line of said Section 19 from a point of said
North line distant 689.6 feet Easterly of the Northwest corner of Section 19;
thence Northerly along said perpendicular line 675 feet, more or less, to the South
line of the North 150 feet of said Section 19; thence West along the South line of
said North 150 feet, a distance of 443 feet, more or less, to the center line of State
Highway No. 95; thence Northerly along said center line 403 feet, more or less, to
the point of beginning.
c) Beginning at a point on the South line of said Section 18, distant 171 feet
East of the Southwest corner thereof, run Northeasterly at an angle 107 degrees,
03 minutes with said South Section line measured from West to North for a
distance of 263.5 feet; thence deflect to the right at an angle of 72 degrees, 57
minutes for a distance of 113 feet more or less to the point of beginning, which
point being on the Easterly right-of-way line of Highway 95 as now established
and being a distance of 100 feet from center line of Highway 95 measured at right
angles to said center line; thence continuing Easterly for a distance of 375.4 feet;
thence deflect to the left at an angle of 89 degrees, 00 minutes for a distance of
1,048.3 feet; thence deflect to the left at an angle of 90 degrees, 32 minutes for a
distance of 75.5 feet to a point on the Easterly right-of-way line of Highway 95 as
now established, and being a distance of 100 feet from the center line of Highway
95 measured at right angles to said center line of Highway 95; thence run
Southwesterly along the Easterly right-of-way line of Trunk Highway 95 to the
point of beginning.
d) That part of the Northwest 1/4 of the Northwest 1/4 of Section 19
described as follows: Commencing at the Northwest corner of the Northwest 1/4
of the Northwest 1/4 of Section 19; thence East assumed bearing along the North
line of the Northwest 1/4 of the Northwest 1/4 a distance of 689.6 feet; thence
South, at right angles, a distance of 150 feet to the point of beginning; thence
continuing South a distance of 675 feet, more or less, to the center line of County
State Aid Highway No. 53; thence Northwesterly along said road center line, a
distance of 440 feet, more or less, to the Easterly right-of-way line of State
Highway No. 95; thence Northerly, along the Easterly right-of-way line a distance
of 340 feet, more or less, to the point of intersection with a line drawn parallel
with and distant 150 feet South of the North line of the Northwest 1/4 of the
Northwest 1/4 of Section 19; thence East along said line a distance of 342.2 feet
to the point of beginning.
PARCEL C
That part of the Southeast 1/4 of the Southwest 1/4, Section 18, Township 32 North,
Range 19 West, Washington County, Minnesota, which lies Westerly of the
Minneapolis, St. Croix Railway Company right-of-way and also all that part of the
Northeast 1/4 of the Southwest 1/4; Section 18, Township 32 North, Range 19 West,
Washington County, Minnesota, described as follows: Commencing at a stone
monument at the Southwest corner of the said Northeast 1/4 - Southwest 1/4; thence
North along the West line of the said Northeast 1/4 -Southwest 1/4 a distance of 17 rods
to an iron pipe monument; thence North 75 degrees East a distance of 35 rods to an
iron pipe monument; thence South 30 degrees East, a distance of 25 rods to an iron
pipe monument in the South line of the said Northeast 1/4 -Southwest 1/4; thence West
along the South line of the said Northeast 1/4 -Southwest 1/4 a distance of 44 rods to
the point of beginning.
Resolution No.: 05-17-16-01
Page 3 of 3
PARCEL D
That part of the Northeast 1/4 of the Northwest 1/4 of Section 19, Township 32, Range
19 lying West of the right-of-way of the Minneapolis, St. Paul and Sault Ste. Marie
Railway Company, as the same runs over and across said tract, except that portion
thereof platted as Otisville.
All according to the United States Government Survey thereof, according to the recorded plat
thereof, and situate in Washington County, Minnesota.
CITY OF SCANDIA
RESOLUTION NO. 07-19-16-06
RESOLUTION APPROVING AN AMENDMENT TO THE 2016 ANNUAL OPERATING
PERMIT APPLICATION
OF TILLER CORPORATION FOR THE ZAVORAL SAND AND GRAVEL MINE AND
RECLAMATION PROJECT
WHEREAS, Tiller Corporation (“Applicant”) has applied for an Amendment to the
2016 Annual Operating Permit (AOP) to operate the Zavoral Mine and Reclamation Project
(“Project”) on a property owned by James Zavoral, located east of the intersection of State Trunk
Highway 97 and State Trunk Highway 95 (“Site”); and
WHEREAS, the Property is located in Washington County, Minnesota and legally
described in Attachment A; and
WHEREAS, the Applicant submitted an application for a CUP for the Project to the City
on November 25, 2008, including the required Environmental Assessment Worksheet (EAW);
and submitted an updated application on October 9, 2012; and
WHEREAS, the Site proposed for the Project is located within the Agriculture (AG)
Zoning District in the City’s 2020 Comprehensive Plan and related Development Code, and
those were the adopted Comprehensive Plan and regulations at the time of the application; and
WHEREAS, the City and its consultant completed the Zavoral Mine and Reclamation
Project EIS to meet the requirements of Minnesota Rules 4410, and the EIS concluded that if the
mitigation recommendations included in the EIS were implemented that the Project will not have
significant environmental impacts; and
WHEREAS, the City Council approved the Findings of Fact and Record of Decision that
found that the Zavoral Mine and Reclamation Project EIS was adequate to serve as the
environmental review for the Project because it met the criteria set forth in Minnesota Rules
4410.2800 and the requirements of Minnesota Statutes Chapter 116D on September 25, 2012;
and
WHEREAS the City approved a Conditional Use Permit for the Zavoral Mine and
Reclamation project on February 19, 2013; and
WHEREAS, the Scandia City Council reviewed approved the 2016 AOP application at
its regular meeting on February 16, 2016; and
WHEREAS Tiller Corporation has substantially completed mining of the site and
expects to complete all mining and grading work on the site by the fall of 2016; and
Resolution No.: 027-169-16-
Page 2 of 6
WHEREAS the City approved a Conditional Use Permit for Argo Navis Community
Solar Gardens, LLC (ANCSG) to development and operation a community solar garden on a
significant portion of the site that was previously governed by the CUP and 2016 AOP approved
for the Zavoral Mine and Reclamation Project; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does find thatapprove an amendment to the 2016Annual Operating Permit for 2016
for the Zavoral Mine and Reclamation Project shall be and hereby is issued, with the following
amended conditions made a part thereof:
1. All site operation and reclamation activities shall, in addition to the requirements of the
Conditional Use Permit and this Annual Operating Permit, comply with and be governed by
the Conditional Use Permit Compliance and Reclamation Agreement between the City, the
Applicant and the Owner approved by the City on February 19, 2013, and the updated
Reclamation Plan approved in 2014.
2. Site operations in 2016 shall be consistent with the application and plans submitted to the
City in November 2008, and as required by the Conditional Use Permit and these conditions.
3. The applicant’s requests for operating hours or haul routes outside those specified in the
Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by
staff.
4. The applicant shall inform all of its contractors about the following requirements related to
trucking operations, and monitor compliance with the requirements by all of its contractors:
a. Engine braking is prohibited in Scandia per City Ordinance.
b. Lofton Avenue is restricted to daylight hours only as defined in the CUP for the
Zavoral Mine and Reclamation Project.
c. Haul loads are required to be covered.
5. The City or its consultants shall monitor the potential impacts of mining activities on the
ground and surface water resources at the site while mining activities are occurring at the
site. The applicant shall cooperate with the City as requested to complete the monitoring
activities. The City shall submit all status reports and ground and surface water monitoring
reports to the applicant, CMSCWD, the WCD and the Minnesota DNR.
6. The City’s consulting hydrogeologist shall make monthly site visits to download
groundwater monitoring data and collect manual measurements. Monitoring shall occur
during all months when the mine is in operation. The hydrogeologist shall evaluate the data
and report the results to the City at least quarterly or more frequently if the consultant
identifies issues or problems during the monitoring activity.
6. The City or its consultant shall install aremove the ground water monitoring stations and the
monitoring station upstream of or near the existing monitoring stations near Crystal Springs
and Middle Creek when mining activities have been completed.
Resolution No.: 027-169-16-
Page 3 of 6
7. in order to isolate potential effects due to mining from other effects to due unrelated activities
within the watershed. The applicant shall permit installation of the monitoring station on the
Project Site if requested. The City or its consultant will analyze the data to determine the
effect, if any, to the springs due to the Zavoral Mine operation, and identify any negative
impacts. Monitoring shall occur during all months when the mine is in operation, weather
permitting.
8. The City or its consultant shall install a monitoring station on Middle Creek to collect the
same continuous parameters as the stations installed on Zavoral Creek and Crystal Springs.
The applicant shall permit installation of the monitoring station. The City or its consultant
will analyze the monitoring data to determine the effect, if any, to the creek due to Zavoral
mine operation, and identify any negative impacts. Monitoring shall occur during all months
when the mine is in operation, weather permitting.
9. The City or its consultant shall visit the monitoring sites on Zavoral Creek, Middle Creek,
and near Crystal Springs at least twice per month to download the automated data loggers at
the monitoring stations and gather data for analysis and analyze the water quality and
quantity data gathered at the site. Monitoring shall occur during all months when the mine is
in operation, weather permitting. The consultant may also visit the sites after large storm
events to gather and analyze monitoring data. If the consultant detects any negative impact
to Zavoral Creek, Middle Creek or Crystal Springs, due to the Zavoral Mine operation, they
will notify the City immediately. The consultant shall provide a summary of the monitoring
data and analysis by early January for use in the AOP evaluation.
10. The City or its consultant shall complete twice annual macro-invertebrate monitoring on
Zavoral Creek and provide this information to the CMSCWD.
12.7. The City or its consultant shall perform periodic on-site review and monitoring of dust
control activities to assure compliance with this permit. Monitoring shall occur during all
months that the mine is in operation. The applicant shall cooperate with the City as
requested to complete the monitoring activities.
13. The City or its consultant shall establish remove the air monitoring stations at the Zavoral
site at a minimum of five locations: upwind of mining and loading operations, downwind of
mining and loading operations, at the site entrance, downwind of the site entrance, and
downwind of one location on the haul routewhen mining activities have been completed.
The City may establish additional monitoring locations based on City or public concerns.
14. The air quality monitoring plan shall include the collection of the following samples at each
sampling location: Airborne particulate matter PM10 (monitor using a fibrous aerosol
monitor fitted with a PM10 impactor); Respirable dust (using cyclones/37mm PVC cassettes
and lab analysis [NIOSH method 0600/7500; mod OSHA ID-142]); Respirable silica,
quantitative (using cyclones/37mm PVC cassettes and lab analysis); Diesel particulates (37
Quartz Fiber NIOSH 5040) and Nitrogen dioxide (TEA Tude, OSHA ID-1820; or equipment
and methods that meet current OSHA or State standards. A monitoring station for respirable
dust and respirable silica shall be established as close as possible to and downwind of the on-
site operations.
Resolution No.: 027-169-16-
Page 4 of 6
15. The City or its consultant shall analyze and compare the air monitoring results to current
State and Federal Ambient Air Quality Standards, ACGIH TLV or OSHA PELS or current
applicable standards.
16. If sample results indicate levels above generally accepted or mandated action levels, the
applicant shall stop all work on the site, review operating procedures and modify Project
operations as necessary to reduce emissions. The City shall complete additional monitoring
immediately after new procedures are in place to confirm that an acceptable reduction in
emissions has occurred.
17.8. The applicant shall water and wash haul roads on the site during active mining
operations, in accord with the applicant’s updated Dust Control Plan, unless recent
precipitation is keeping haul roads washed and wet.
18. The applicant shall wash hauling and loading equipment on a regular basis during active
mining operations.
19. The applicant shall complete sweeping activities using vacuum-assisted sweeping equipment
or similar equipment that ensures that sweeping operations do not generate visible airborne
emissions.
9. The City or its consultant shall complete noise monitoring as required by the 2016 AOP at
the Project site during active mining operations. The applicant shall cooperate with the City
as requested to complete the monitoring activities.
20.10. Tiller Corporation shall inform the City when all mining is completed and reclamation
grades are fully established. The City shall determine if the site conditions and reclamation
grades meet the CUP requirements for conclusion of mining at the site. When the City has
determined that mining and reclamation are complete and meet the CUP requirements, Tiller
shall be released from all monitoring requirements included in the CUP and 2016 AOP.
Noise monitoring shall include identification of one or two worst-case representative
residential locations for each phase of mining and conduct at least one hour of monitoring at
each location on a quarterly basis during operations in the morning and one hour of
monitoring during operations in the afternoon.
21. Noise monitoring shall include at least one hour of monitoring at a representative location
along the St. Croix Scenic Riverway quarterly during mining operations.
21. A noise monitoring event will be conducted within six weeks of the beginning of each
mining phase, weather permitting, during a typical haul event. The City may conduct
additional monitoring if needed based on site conditions. Monitoring shall be conducted in
accord with Minnesota Rules.
21. The City shall notify residents of monitoring periods and request access to properties as
necessary to conduct monitoring activities.
22. If monitoring results indicate levels above state standards, the applicant shall stop all work on
the site, review operating procedures and modify Project operations as necessary to reduce
Resolution No.: 027-169-16-
Page 5 of 6
noise to permitted levels. The City shall complete additional monitoring immediately after
new procedures are in place to confirm that an acceptable reduction in noise has occurred.
23. The City or its consultant shall complete traffic monitoring of the Project. The applicant
shall cooperate with the City as requested to complete the monitoring activities.
24.11. The Applicant shall maintain the traffic generated by the Project so that traffic does not
exceed the maximum levels analyzed in the EIS for Alternative 3—average 334 to 400 round
trips per working day and 600 peak round trips per day.
24. The City or its consultant shall complete a 14-hour video log of the TH 97 and 95
intersection that shall include the new access to the Zavoral site and count the numbers of
trucks entering and exiting the site. The City’s consultant shall review the log, and shall
provide a summary of the observations related to traffic operations to the City, and identify
any issues or problems related to the conditions required for operations. If issues are
identified, the City may order additional video traffic counts.
24. The City or its consultant shall complete a 14-hour video log of the TH 97 and CR 91
(Lofton Avenue) intersection in 2016 if traffic issues are identified. The consultant shall
provide a summary of observations to the City and identify any issues or problems.
24. The applicant shall regularly monitor the entrances and exits to the site, and work with their
hauling contractors and truck drivers to maintain compliance with traffic laws.
24. The City shall review the crash records for the roadways in the area that will be used for
truck-hauling every six months, to identify safety issues. The City shall contact Mn/DOT to
discuss safety issues if identified.
24. The applicant shall post a “no trespassing” sign on the south side of the gate to the property
and a “no parking” sign near the entrance to the mine site.
25.12. The City or its consultants shall complete monitoring of reclamation activities on the site
on behalf of the City prior to the completion of mining activities in 2016. The applicant shall
cooperate with the City as requested to complete the monitoring activities. The City shall
inspect the reclamation activities on an as-needed basisafter the conclusion of mining and
grading activities at the site.
26.13. The applicant shall submit to the City quarterly a final reclamation activity progress
reports that includes the Phase 1-4 reclamation areas during the growing season post-seed
installation of each monitoring area, and shall submit an annual reclamation report with the
AOP application for 2017within 60 days after completion of mining activities in 2016.
14. When the City has approved the final ANCSG plans for its project and the Development
Agreement for the ANCSG Community Solar Garden site, including the plans for seeding,
screening, maintenance and monitoring at the site to meet the CUP conditions and a financial
assurance as required by the City, Tiller shall be released from its reclamation obligations for
the site.
Resolution No.: 027-169-16-
Page 6 of 6
27.15. The applicant shall provide advanced notice to, and shall obtain written approval from the
City prior to deviating from any performance requirement contained within the CUP or AOP.
Failure to obtain written approval for a deviation from the performance requirements of the
CUP or AOP shall be a violation of this Amended AOP.
28.16. The applicant shall maintain the letter of credit for the Phase 2 reclamation work at the
City until completion mining activities at the site.
29.17. This Annual Operating Permit shall expire on March 31, 2017.
30.18. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 179th day of FebruaryJuly, 20156.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk