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8.g)1) Staff Report-Administrator's Report-Zavoral Update c� ` , � , � �' '�. J. �% SCANDIA Staff Renort Date of Meeting: October 15, 2013 To: City Council From: Kristina Handt, City Administrator Re: Administrator's Report-Zavoral Update At the last work session, Council Member Swanson asked that I provide the Council with general information regarding the contacts we receive related to the Zavoral Mine and Reclamation Project. In September,there were four contacts that had questions or complained about the noise from the site and one also mentioned odor. Staff followed up with Tiller representatives after each complaint and they have been responsive to our concerns. Tiller has been working on the phase one reclamation portion of the project. Tiller's contractors were relocating trees to the scenic easement area,per the reclamation plan. It is important to remember that we would allow anyone in the City to remove trees from their property and if they are clearing less than 20,000 square feet they would need no permit from the City. Others have reported that properties in the vicinity of the Zavoral Project have had tree clearing occurring during this time frame as well. Included in your packet is the most recent report on monitoring from the Washington Conservation District. The report has been shared with Tiller and all issues were corrected in a timely fashion. The first week in October I was contacted by a member of the public regarding monitoring during storm events. The Carnelian Marine St. Croix Watershed District included specific monitoring requirements in the permit they issued for the Zavoral Project so the citizen was directed to contact them for information. When I spoke with Mr. Shaver he said he had been visiting the site regularly with Tiller representatives. Sherri and I will be out at the site next week to complete the review for the AOP. 455 F{ AY WARD AVE N I AS H I N GTON ° A � ° ALF � �' N 55128 � ON S E RVATION � s � - z7 � - i t � U � rHONE � I S T R I C T � 5 � - � , � - � z $ 4 � �AX , � � W W W. M N W C D . O R G MEMORANDUM TO: Kristina Handt,Adininistrator,City of Scandia FROM: Jed Chesnut,Wetland/Natural Resource Specialist DATE: October 7,2013 RE: Zavoral Mining and Reclamation Project—Monitoring and Inspecrion Report 1—Fall, 2013 As per the contract(13-01)between the Washington Conservation District(WCD) and the City of Scandia (City),WCD staff performed document review,site inspection and monitoring tasks pertauung to Technical Services 3,4,5 of Exhibit B.This memorandum serves as a summary of those activities and reviews.The site inspection took place on Wednesday,October 2,2013. Christina Morrison of Tiller Corporation (Tiller)was present and provided a descriprive tour of the project area. Each service area is listed below with a suminary description of xesults. 1. Technical Service 3—Erosion and Sediment Control Inspections a. Task 1 —Site Inspection i. Vegetation removal and Phase I of the reclamation activities were in process during the site visit. Silt fence had been installed as pex the stoxmwater pollution and prevention plan (SWPPP)in a majority of the site,primarily where land distuxbing activiries were taking place.There were a few minor deviations where the current site conditions (undisturbed) and project extents did not xequire the presence of perixneter control.For example,in the northern portion of the project area,just north of the e�sting access xoad,no land disturbing activities had occurred and thexefoxe, silt fence was not installed.The current plan accoxding to Tiller's representative is to leave this area vegetated and not mined.The original and permitted plan proposed muung in this area and therefore the installation of a double xow of silt fence was indicated on the SWPPP. Since this area was undisturbed,the silt fence was not necessary.WCD recommended that Tiller include any such deviation in their annual submittals to the City. ii. Mining activities have not been initiated. iu. There wexe vegetation removal activities near where Mr. ZavoraPs driveway begins its descent down the bluff to the railroad tracks.There was a gap in the peruneter control on the south side of the driveway and perimeter control on the north side along the steep slope adjacent to the drive.Tiller's representative noted that this area was being acrively worked and that silt fence hadn't been installed due to access requirements.There are bio-rolls onsite and Tiller's representative cominitted to installing these as temporary erosion control until the silt fence is installed. iv. The silt fence along the south and southeastern project limits was adequately installed.A small section of fencing had been lifted out of the ground and Tiller's representative said it would be repaired that day. v. Tiller's representative stated that they have a large supply of bio-rolls on site for emergency sediment control,if necessary. Supervisors: Louise Smallidge � Bob Rosenquist � George Weyer � John Rheinberger ^ Jim Levitt 2. Technical Service 4—Threatened and Endangered Species a. Task 1 —Review Blanding's Turde Documentation and Conduct Site Review WCD received and reviewed Tiller's Standard Opexating Procedures (SOP) for operations near Blanding's Turdes.Tiller's Blanding's Turde SOP appear to be in compliance with the conditional use permit requirements (condition number 20). Some of the DNR's recommendations are not applicable in this instance (e.g.there are no roads,wedands, culverts,etc within the project area) and therefore were not included in the review for compliance with the Conditional Use Permit. Silt fence has not been installed around the entire peruneter of the niuiuig area;however,silt fence has been or will be installed in areas where Blanding's turdes may likely be found. b. Task 2—Annual Inspection of Site and Monitor T&E Listing Status of Butternut Tree The status of the butternut tree (Juglans cinerea) has been changed to"endangered"as of August 19,2013.As a result,removal of a butternut tree after August 19,2013 would require permitting from the Department of Natural Resources.One non-diseased tree has been identified on the pxoperty.WCD staff attempted to locate the tree during the site visit to verify it presence. Its location was not verified,but WCD has asked Tiller to locate the tree and it will be revisited during the next site visit.Tiller's representative did say the tree has not been removed as part of the inining project. 3. Technical Service 5: Reclamation Plan Review and Inspection a. Task 1 —Review Zavoral Reclamation Plan WCD has received and review the updated Zavoral Muung Reclamation Plan.The plan is consistent with the requirements set forth in the City's Conditional Use Permit. b. Task 2—Conduct Site Inspections to Verify Implementation of the Restoration Plan Phase 1 of the reclamation was underway during the October 2nd site visit. Since the reclamation had started recendy,no project"milestones"were anticipated during the review. However,a few items to note were as follows: i. Rough grading of the Phase 1 area had been completed u. The eastern"sliver"of Phase 1 reclamation along the wooded bluff was originally planned to be converted from a wooded habitat to prairie.This conversion was thought necessary due to the need to match the final proposed reclaimed elevations. However,the applicant was able to leave this wooded area undisturbed since the grading will match.This is a better outcome since this area is now not disturbed and will be an additional natuxalized buffer. iu. Tiller's representative noted that the tree transplantation efforts have been challenging due to the poor soil conditions on the site.The problems described included the ground being too rocky for the tree spade to effectively dig out the root systems,or when the tree is removed,the sandy matezial drops out leaving exposed root balls and therefore killing the tree. So far,a few trees have been transplanted and many more were marked for transplantation. Upon completion of the tree transplantation activities,WCD will monitor for survivability as per the Cit}�'s Condirional Use Permit. iv. There is a large spoil pile of material on-site that was from the previous nuning operations.This material is suitable,and therefore will be used,as a component of the"top soil"material that is specified in the reclamation plan.To minimi7e the spread of the seed source of invasive plant species,Tiller's representative stated that they would be removing the top six inches of the spoil pile material.This top six inches will not be utilized in the reclaimed areas. This ends the reporting of WCD's uutial monitoring acrivities.As of October 2,2013,mining activiues had not begun within the Zavoral Mine and Reclamation project area. Upon the uutiation of mining activities, WCD's monitoring acrivities will be adjusted accordingly as per WCD's contract with the Ciry.Please call me with any quesrions at 651-275-1136 x25.