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11-05-2008 Meeting PC CITY OF SCANDIA CITY COUNCIL AGENDA Wednesday, November 5, 2008 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. Public Hearings a) Certification of Unpaid Charges for 201 Sewer System for Collection with Property Taxes 5. General Business a) Canvass Results of November 4, 2008 Election b) Report Conclusions of October 27, 2008 Special Meeting for City Administrator Performance Review c) Approve Park and Recreation Event, Scandia Day at Trollhaugen d) Appointment of Part-Time Seasonal Maintenance Workers e) Appointment of Mike Egelkraut as Acting Public Works Supervisor f) Annual Operators Permits (AOPs), Mining Operations 1) Bracht Bros., Inc. (north side of 185th Street, east of Oakgreen Avenue and west of Old Marine Trail) 2) Dresel Contracting, Inc. (218`h Street, west of Lofton Avenue) 3) Tiller Corporation (22303 Manning Trail) g) Utility Permit for U.S. Cable 6. Recommendations from the Planning Commission a) Tom and Lisa Stanek. Variances Including Lot Size and Setbacks to Construct a New Single-Family Dwelling at 19107 Layton Avenue North b) Jim and Nancy Hermes. Minor Subdivision and Variance to Divide a 4.6 acre Parcel at 22577 Kirk Avenue North c) Willowbrook Community Church. Conditional Use Permit for Place of Worship on 40.5 Acres West of 11262 Scandia Trail 7. Adjournment Meeting Date: 11/5/2008 Agenda Item: ) City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing and certify unpaid charges for the "201" Community Sewage Treatment System to the county auditor for collection with property taxes payable in 2009. Deadline/ Timeline: Hearing must be held at first Council meeting of November. Background: • Ordinance#108 governing the sewage treatment system provides a procedure by which all delinquent accounts as of October 15 of each year shall be certified to the county auditor for collection. • Notice of the hearing was sent to 24 account holders with delinquent charges on October 21. • At the hearing, property owners with unpaid accounts have the opportunity to object to the certification of unpaid charges. If, after the hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid, and there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with the ordinance, the City may certify the unpaid charges for collection. • For each certification sustained, the property owner has the option of paying the delinquent amount, without additional interest, within 10 days of the hearing. After 15 days the assessment roll, minus any payments must be certified to Washington County, and will be billed to the property owner on the owner's property tax statement with a collection term of one year, at 7% interest. • After the hearing notice, several account holders made payments. The draft resolution, attached, lists charges totaling$5,105.18 that remain delinquent as of Friday, October 31. Recommendation: I recommend that the Council hold the hearing and adopt the resolution. Attachments/ Draft Resolution. Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (201 sewer charges hearing) Page 1 of 1 10/31/08 CITY OF SCANDIA RESOLUTION NO. 11-05-08-01 CERTIFY UNPAID CHARGES FOR "201" COMMUNITY SEWAGE TREATMENT FOR COLLECTION WITH PROPERTY TAXES WHEREAS, the City of Scandia operates, maintains and administers a Community Sewage Treatment System constructed with "201" grant assistance in the City of Scandia; and WHEREAS, the users of the system are required by Ordinance No. 108 to pay connection charges and user charges to offset expenditure incurred for the administration, annual operation, maintenance and equipment replacement of the system; and WHEREAS, the following users have failed to pay user fees due and payable by October 15„ 2008: Name Property ID Number Amount Eischens, Richard A. 31.032.20.14.0095 $428.09 Eischens, Richard A. 31.023.20.14.0097 $428.09 Hinze, Charles L. 31.032.20.14.0042 $149.28 Hipp, Christopher 30.032.20,44.0004 $437.07 Johnson, Gregory D. 31.032.20.14.0072 $444.46 Kelley, Patrick H. 31.032.20.14.0029 $439.11 Lombrito, Steven 31.032.20.14.0055 $433.09 Myre, Robert G. 30.032.20.44.0028 $10.00 Ness, Christopher 34.032.20.31.0010 $149.24 Olson, Herbert E. 31.032.20.44.0035 $284.48 Reicherts, Patrick 31.032.20.11.0044 $147.24 Rotier, Steven M. 31.032.20.14.0054 $439.11 Schueller, Michael 30.032.20.44.0013 $294.48 Thielbar, Richard 30.032.20.44.0015 $433.09 Tollefson, Gloria 34.032.20.22.0017 $295.87 Wilcox, Craig 31.032.20.14.0102 $145.24 Zahn, Daniel 34.032.20.22.0006 $147.24 $5,105.18 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the amounts due and owing from each user shall be certified to the Washington County Auditor for inclusion and payment with the user's 2009 real estate tax statement, and to the amount owing shall be added interest at the rate of 7% per annum from the date of this resolution until December 31, 2009. Resolution No.: l l-05-08-xx Page 2 of 2 Adopted by the Scandia City Council this 5th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk Meeting Date: 11/5/200 Agenda Item: � 4 City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Acting as the canvassing board, adopt Resolution No. 11-05-08-02 certifying the results of the November 4, 2008 municipal election. Deadline/ Timeline: November 11, 2008 Background: State law requires that the local government body shall canvass the returns and declare the results of the election within seven days. Recommendation: I recommend that the Council adopt the resolution. Attachments/ None—a draft resolution will be prepared after the results of the Materials provided: election are available. Contact(s): Prepared by: Anne Hurlburt, Administrator (canvass votes for nov 4 election) Page 1 of 1 10/29/08 CITY OF SCANDIA RESOLUTION NO. 11-05-08-02 CERTIFYING THE RESULTS OF THE NOVEMBER 4, 2008 CITY ELECTION WHEREAS, an election for Mayor and two City Council members was held in the City of Scandia on November 4, 2008; and WHEREAS, State law requires that the local government body shall canvass the returns and declare the results of the election within seven days; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the results are certified and declared to be the official results of the city election conducted on November 4, 2008: Total Votes Mayor Dennis D. Seefeldt 1,846 Mayor Blank Vote 679 Write-In (see attachment) 119 Councilmember John Lindell 1,052 4-Year Term, City Council Connie Amos 949 4-Year Term, City Council Michael C. Harnetty 894 Donnette Yehle 786 Undervote 558 Blank Vote 504 Write-In (see attachment) 39 Adopted by the Scandia City Council this 5th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk Resolution 11-05-08-02 Page 2 of 4 Attachment to Resolution 11-05-08-02 Write-In Votes November 4, 2008 City of Scandia Election Votes for Mayor Total Votes Annette Gilbertson 2 Anybody/Else 2 Anyone else 2 Bill Coleman 1 Blank 20 Bob Vance 2 Brad Bergo 1 Brian Bergschnieder 1 Brian Jemelka 1 Carrie Colonna 2 Chad Carpenter 1 Charles Nordin 1 Colleen Kordosky 1 Connie Amos 2 Curt Richter 1 Dan Hames 1 Dave Hume 1 David Hawkinson 2 Dean Gabbert 2 Dean Lindgren 1 Deb Schmitt 1 Delores Peterson 8 Donald Duck 1 Erich Kertzscher 3 Fred Eischen 1 Ganett Bergerson 1 Gary Hogle 2 George Lindgren 1 Gregory McGuire 1 Harold Johnson 1 James Dreher 1 James Malmquist 1 Jan Hogle 2 Jason Karwaski 1 Jeff Peterson 1 Jim Anderson 1 Jim Hillman 1 Resolution 11-05-08-02 Page 3 of 4 Votes for Mayor Total Votes Jim Schneider 9 Joe Jankowski 1 John Meyer 1 John Morrison 2 John Peter 1 Kevin Nickelson 4 Kurt Messerhelly 1 Larry Sherman 1 Laura Kemmis 2 Lisa Schlingerman 1 Mary Duncan 1 Matthew Oknich 1 Mickey Mouse 1 Mickie Mouse 1 Mike Woodside 1 Moose Malmquist 2 Myrun 1 Paul Hand 1 Peter Crum 1 Peter Fitch-Gallatin 1 Raymond Krech 1 Robert Anderson 1 Robin Booren 1 Ron Savino 1 Ross Brunfelt 2 Scott Anderson 1 Sheldon Fox 1 Steve Yehle 1 Todd Allen Crabtree 1 119 Votes for City Council Total Votes Adam Lushanko 1 Amy Hume 1 Blank 6 Bruce Lynch 1 Bruce Swenson 2 Carrie Colonna 1 Charles Marx 1 Chris Majeski 1 Colleen Kordowski 1 Resolution 11-05-08-02 Page 4 of 4 Votes for City Council Total Votes Craig Williams 1 Dean Lindgren 1 Debra Peter 1 Edward Erickson 1 Eric Schumacher 1 J. Malmquist 1 Jim Hillman 1 Jim Schreyer 1 Joyce Heinisch 1 Mark Sandercutt 1 Mickie Mouse 1 Minnie Mouse 1 Nancy Taloss 1 Paul Hand 1 Ray Krech 1 Roger Rydeen 1 Ron Savino 1 Sheri Riemers 1 Superman 1 Terry Frogner 1 Terry Pitman 1 Tom Boesel 1 Tom Hanson 1 Vicki Mendoza 1 39 Meeting Date: 11/5/2008 Agenda Item: 6 b) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Give a verbal report on the results of the October 27, 2008 closed meeting for the performance review of the City Administrator. Deadline/ Timeline: Must be given at next regular meeting following a closed meeting. Background: • This meeting was closed under an exception to the Minnesota Open Meeting Law that allows the Council to close a meeting to evaluate the performance of an employee. The meeting was tape recorded as required by state law. • Mayor Seefeldt presented and the Council discussed a composite of comments submitted by all five members concerning the Administrator's performance. The Administrator was also asked for feedback on how the Council could better work with staff and each other. Recommendation: I recommend that the Council give a verbal report. Attachments/ None. Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (report oct 27 closed meeting) Page 1 of 1 10/29/08 Meeting Date: 11/5/2008 Agenda Item: 7 ;' ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Approve the Park and Recreation Committee's proposed "Scandia Day at Trollhaugen" event. Deadline/ Timeline: Tentative date: Saturday, December 27, 2008 Background: • In 2007, the Committee sponsored a"Scandia Day" at the Trollhaugen tubing hill. The event was very successful, with about 60 participants of all ages enjoying three hours of tubing. The Committee would like to sponsor the event again this year, on the Saturday between Christmas and New Year's Day. • A minimum of 20 participants would be needed to receive the group rate of$12.00 per person. The city would collect registrations and purchase the tickets for distribution to our group at the tubing hill. The charge to participants would be $12.00, with the city absorbing costs of publicity and handling registrations and release forms. Flyers would be distributed through Scandia Elementary School. Recommendation: All city-sponsored events should be approved by the City Council. Attachments/ Draft Flyer for 2008 Scandia Day at Trollhaugen Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (scandia day at trolihaugen) Page 1 of 1 10/28/08 City of Scandia Parks and Recreation announces... Scandia _,, , t Troiihaugen , , ,. _ No o Tubin ! let's gg gy_ Saturday, December 27 1 :00 p.m. to 4:00 p.m. Join your friends and neighbors for a fun afternoon on ¢ x' the slopes. Tubes are provided. Ride the moving side- walk back up the hill. Enjoy the snack bar, or bring _ your own snacks and use the tables provided. r Cost: $ 12.00 per person Pre-Registration Required a lir - 101 A Directions to Trollhaugen: • MN-95 North to MN 243/Osceola Road •. j, / • Right (east) on MN 243 across bridge to WI-35 / //f I' • Left (north) on WI-35 to CR-F a. } • Right (east) on CR-F one mile to 2232 100th Ave., Dres4 ..,- Contact Trollhaugen at 651 433-5141 x. ,ry „ r How to Register: :; .: :; • Pre-payment is required `� t` s �r. ,i. .�, /) • Use City form (on back) and make checks pay �C,� ) able to "City of Scandia" • Deadline is Tuesday, December 23 at Noon SCANTDIA „. For more information, contact the City Office m i n n e s o t a (651 433-2274) Funds used to print these materials were provided by the City ,:: -V4 ,4 .;, of Scandia. This is NOT a School District sponsored activity. • `1:1'� REGISTRATION FORM SCANDIA City of Scandia—Snow Tubing at Trollhaugen mmirmrstom Saturday, December 27, 2008 1 :00 to 4:00 p.m. Deadline: Tuesday, December 23 at 12:00 Noon General Instructions: Complete this registration form and return with payment (cash or check) by the registration deadline to the City of Scandia, 14727 209th St. N., Scandia, MN 55073. Enrollment is limited and pre-registration is required. Refunds will be issued if the event is cancelled; you will be notified prior to the event if there is a cancellation. Refunds will not be issued for non-attendance unless your cancellation is received at least two days prior to the event. Additional registration forms are available at the city office or on our website: www.ci.scandia.mn.us. Call the City Office at 651 433-2274 for further information. Adult/ Parent's Name: Street Address: City State Zip Home Phone: Work: Cell: Price $12 .00 per Participant Name Age person Make checks payable to the"City of Scandia" Total: Acknowledgements: I certify that the above information is true,accurate and complete. I understand that once I am a confirmed participant, I agree to the cancellation policy as stated above. I hereby give permission to the City of Scandia to use photographs taken of me or my child during these activities for promotional purposes. Release: I recognize there is a significant element of risk in any sports and/or activity. Knowing the inherent risks,dangers and rigors involved, I certify that I and/or my family(including any minor children)are fully capable of participating in the activities,and wish to do so as voluntary participants,and with such knowledge assume any and all risks while participating in the activities.In consideration of the City of Scandia and its partners, (collectively referred to herein as"the City of Scandia"),providing this program to me and/or my family and/or legal wards,I hereby waive and release the City of Scandia,and its employees,agents and volunteers,from all actions,claims and demands for personal injury, including death,arising out of the conduct of the activities. I further agree that I shall not bring any claims,demands, legal actions and causes of action against the City of Scandia,its employees or agents. This waiver of liability does not waive liability for any injuries that I obtain as the result of willful,wanton or intentional misconduct by the City or any person acting on behalf of the City. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. I have read, understand,and accept the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me and/or my family and/or legal wards during the entire period of participation in Scandia Park and Recreation activities. Signature: Date: Participant or if under 18,parent or legal guardian. For City Use Only: Date Received: Cancellation: Paid: Refund: Funds used to print these materials were provided by the City of Scandia. This is NOT a School District sponsored activity. Meeting Date: 11/5/2008 Agenda Item: 5-, d) City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the appointment of the following part-time/seasonal maintenance workers, at the pay rate of$17.00 per hour: Rick Regnier Approximately 24 hours per week Bruce Swenson On-call, snowplowing Bob Lindbloom On-call, snowplowing Roger Rydeen On-call, snowplowing Deadline/ Timeline: N/A Background: • With the Public Works Supervisor on medical leave and the retirement of the part-time Maintenance Worker, the city will be in need of additional maintenance help over the winter months. • The city advertised for a part-time, seasonal maintenance position. Thirteen applications were received. On October 24, the Human Resources Committee (Council members Peterson and Crum and Administrator Hurlburt) interviewed five candidates. • The Committee recommends that Rick Regnier be hired for the part-time seasonal position, for approximately 24 hours a week at the pay rate of$17.00 per hour. Mr. Regnier has previously worked for the cities of Mahtomedi, Stillwater and North St. Paul. He has experience working with water systems and with building construction and maintenance. Approval of the appointment should be contingent upon satisfactory completion of a drug and alcohol screening, physical, and driver's license and criminal history checks. • In addition to hiring Mr. Regnier, the Committee recommends that the other three individuals be appointed to assist with snow removal on an "on-call" basis for the 2008-2009 winter season at the pay rate of$17.00 per hour. • Mr. Swenson and Mr. Lindbloom have worked for the city on a seasonal basis during previous years. Mr. Rydeen was Page 1 of 2 10/29/08 interviewed for the recently advertised position, and is willing to work on an on-call basis. We expect that Mr. Rydeen will also be of assistance with road grader operations until such time as we have in-house expertise on that piece of equipment. Recommendation: I recommend that the Council approve the appointments as recommended by the Human Resources Committee. Attachments/ None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (seasonal maintenance workers) Page 2 of 2 10/29/08 Meeting Date: 11/5/2008 Agenda Item: .j-- City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the temporary appointment of Mike Egelkraut to serve as Acting Public Works Supervisor, at a pay rate of$21.00 per hour. Deadline/ Timeline: N/A Background: • With the Public Works Supervisor on medical leave and the retirement of the part-time Maintenance Worker, the Mike Egelkraut is the only remaining Maintenance Worker in the Public Works Department. Mike will be supervising temporary workers until such time as permanent staffing decisions are made. He is taking on significant new responsibilities for all of the city's maintenance needs. • The Human Resources Committee has recommended Mike's appointment to Acting Public Works Supervisor and to increase his pay rate from $18.85 to $21.00 per hour. The pay rate is based upon what would be the likely minimum starting pay should the city advertise for a new supervisor. Recommendation: I recommend that the Council approve the appointment and pay increase as recommended by the Human Resources Committee, effective as of November 1, 2008. Attachments/ None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (acting PW supervisor appointment) Page 1 of 1 10/29/08 Meeting Date: 11/5/2008 Agenda Item: 5' , ) 2 j 3) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the applications for Annual Operator's Permits (AOPs) for three sand and gravel mining operations a) Bracht Bros., Inc. (north side of 185th Street, east of Oakgreen Avenue and west of Old Marine Trail) b) Dresel Contracting, Inc. (218th Street, west of Lofton Avenue) c) Tiller Corporation (22303 Manning Trail) Deadline/ Timeline: 120-day review period ends December 29, 2008 for all three applications. AOPs will cover the mining season through December 31, 2009. Background: • All three mining operations received their first Conditional Use Permits (CUPs) under the city's new Mining Ordinance in May, 2008. The CUPs and the ordinance require issuance of AOPs for each operation. • All three AOP applications were initially considered by the Council at the September 16, 2008 meeting and tabled by the Council until complete information was submitted. • The planner has reviewed the applications for compliance with the CUP and the ordinance, and will present the attached reports at the Council meeting. Updates and information added to the reports after the September 16 meeting are identified in bold type. Recommendation: The Planner has recommended that the Council approve the AOP for Dresel Contracting, and a draft resolution has been prepared. The Planner has recommended that action on the AOPs for Bracht Bros. and Tiller Corporation be postponed to give the applicants to resolve issues concerning ground water monitoring. Attachments/ • Draft Resolution Approving AOP for Dresel Contracting Materials provided: • TKDA memoranda, with attachments (3) Contact(s): Sherri Buss, TKDA (651 292-4582) Prepared by: Anne Hurlburt, Administrator (Mining AOPs) Page 1 of 1 10/30/08 CITY OF SCANDIA RESOLUTION NO. 11-05-08-XX RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF DRESEL CONTRACTING, INC. FOR SAND AND GRAVEL MINING AND PROCESSING WHEREAS, DRESEL CONTRACTING. INC. operates a sand and gravel mining and processing operation located on approximately 57 acres on 218th Street North, on property legally described as: LEGAL DESCRIPTION Dresel Property: PID 1703220220002 Sect-17 Twp-032 Range-020 PT N1/2-NW1/4 S17T32R20 BEING THE E 1396FT OF THE FOLL DESC PARCEL: THAT PT N1/2-NW1/4 OF S17T32R 20 LYING NLY OF THE S 66FT& LYING WLY OF THE E 768.7FT THEREOF NEW SCANDIA TWP Roth Property: PID 1703220210003 Sect-17 Twp-032 Range-020 PT NE1/4-NW1/4 173220 COM AT N1/4 COR OF SEC 17 THEN S ALONG N&S1/4 LINE OF SD SEC A DIST OF 527.5FT TO PT OF BEG THEN CONT ON SAME LINE A DIST OF 443.5FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF 491FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF 443.5FT TO A PT THEN ON A DEFLECT ANG OF 90DEG. TO RT A DIST OF 491 FT TO PT OF BEG SUBJ TO EASEMENT AND THAT PT NE1/4 NW1/4 SI7T32R20 DESC AS FOLL:COM AT THE NI/4 CORNER OF SECI7 THN SLY ALG THE N-S 1/4 LINE OF SEC 17 A DIST 971FT TO THE PT OF BEG THN WLY DEFLECT 90DEG TO THE RT A DIST OF 491FT THN/NLY DEFLECT 90DEG TO THE RT A DIST 443.55FT THN ELY DEFLECT 90DEG TO THE RT A DIST OF 76FT THN NLY DEFLECT 90DEG TO THE LEFT A DIST 548FT M/L TO THE N LINE OF SECI7 THN WLY ALG THE N LINE OF SECI7 A DIST 355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NE1/4 NW1/4 THNC SLY ALG SD W LINE A DIST 1254FT M/L TO THE N LINE OF THE S 66FT OF SDI/4-1/4 THN ELY Resolution No. I I-05-08-xx Page 2 of 3 ALG SD N LINE A DIST OF 770FT M/L TO THE N-S1/4 LINE OF SEC 17 THN NLY ALG SD N-S1/4 LINE A DIST OF 283FT M/L TO THE PT OF BEG-SUBJ TO CSAH#1 ALG THE MOST ELY LINE SUBJ TO & INCLUDING ANY VALID EASEMENTS RESTRICTIONS & RESERVATIONS NEW SCANDIA TWP (RESTRICTION:WRITTEN APPROVAL FROM NEW SCANDIA TWP IS REQUIRED BEFORE EITHER OF THE TWO(2) PARCELS OF LAND DESCRIBED HEREIN MAY BE CONVEYED SEPARATELY WHEREAS, the site has been actively mined since the 1960's, and has operated under a previous Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities include the mining and processing of aggregate; and WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as the ordinance") replaced the requirements of the ordinances adopted by Washington County and the former New Scandia Township and required the issuance of a new Conditional Use Permit and Annual Operating Permits for continued operation of existing mining operations; and WHEREAS, the City approved a Conditional Use Permit for the mining operation on May 20, 2008; and WHEREAS, Dresel Contracting. Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on August 28, 2008; and WHEREAS, the Scandia City Council held a duly-noticed public hearing on September 16, 2008 and continued the hearing to November 5, 2008 to gather public input and review the application; 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 that the Conditional Use Permit shall be and hereby is issued, with the following conditions made a part thereof: 1. The Applicant shall address the following groundwater monitoring requirements during the 2009 monitoring season: • The Applicant shall clarify the Monitoring Well Network section of the plan as follows: - For consistency purposes and to avoid confusion with "sampling" versus '`monitoring" (since the latter may refer to water-level measurements only). the text should be revised to state "monitoring" will occur/be Resolution No. 1 1-05-08-xx Page 3 of 3 conducted" rather than "sampling will occur/be conducted," since sampling is only done on an annual basis and not three times per year. • The Applicant shall submit monitoring results in a single submittal with the adjacent Tiller Corporation mining operation, since these wells will be monitored together and the operations are adjacent to one another. • The Applicant shall submit future monitoring results under separate cover rather than with the Plan 2. The minimum mining excavation elevation at the Dresel site be 922 feet-above mean sea level (amsl). 3. Applicant shall provide the required Letter of Credit or other security to the City. FURTHER, BE IT RESOLVED, any significant variation from these plans and conditions of approval shall require an application to amend this Annual Operating Permit. Adopted by the Scandia City Council this 5th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator . ) ' J TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Bracht Bros., Inc - Annual Operating Anne Hurlburt, City Administrator Permit Application for a Mining and Copies To: Bracht Bros., Inc. Processing Operation Kirsten Pauly, Sunde Engineering City of Scandia, Minnesota From: Sherri Buss, R.L.A. Proj. No.: 14059.011 Date: October 27, 2008 Routing: SUBJECT: Bracht Bros., Inc. - Annual Operating Permit Application for a Mining and Processing Operation MEETING DATE: November 5, 2008 LOCATION: All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County, Minnesota APPLICANT: Bracht Bros., Inc. 8303 216th Street North Forest Lake, Minnesota 55025 120-DAY PERIOD: December 29, 2008 ZONING: Agricultural District ITEMS REVIEWED: Application, Plans, and Related Submittals Updates and information added to this memo after the September 16 Council meeting are identified in bold type. BRIEF DESCRIPTION OF THE REQUEST: The Application is for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on 185th St. North in Scandia. Mining at the site predates any type of permitting. The site operated under a Conditional Use Permit (CUP) issued by Washington County when the County exercised land use authority within New Scandia Township. The Applicant applied for and received its first CUP from the City of Scandia for its operation on May 20, 2008. The CUP included a number of conditions that will apply to the AOP and operation of the site. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 30 each year, so that permits can be approved before the start of the mining season in that year. Based on the CUP schedule completed in 2008, the application cycle is early this year An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Scandia Planning Commission Page 2 October 27, 2008 Bracht Bros, Inc., AOP for Mining for the 2009 mining season. The applications submitted in August, 2008, will be used for the 2009 mining season. The AOP's would run through December 31, 2009. Mine operators will submit their applications for the 2010 season by January 30, 2010. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Mining and Related Activities Regulations. The Ordinance requires review of the following items for the AOP: 1) The operating conditions of the previous year and conditions required by the CUP 2) Proposed operating conditions and any variation from the previous year 3) Results of the annual inspection by the City This review evaluates the request for an AOP based on the Conditional Use Permit, the City's Ordinance, and the materials submitted by the Applicant that describe the proposed operating conditions and reclamation plan. CONDITIONAL USE PERMIT REQUIREMENTS The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Bracht Bros., Inc. on May 20, 2008. The CUP included a number of conditions to be completed within 60 days of the approval of the CUP, including submission of the application for the Annual Operating Permit. Some additional conditions were included that did not include a date for completion. The other items required to be completed, and Bracht's performance, include the following: Condition Deadline Specified Status In CUP 1. Comply with CUP Ongoing In process 2. Updated copy of Application July 20, 2008 Provided on August 28, 2008 3. Comply with rules and Ongoing In process regulations 4. Permits from CMSCWD None Specified Received on July 10, 2008 5. Installation of Monitoring July 20, 2008 Scheduled to be installed on Sept. 15, 2008, Wells pending approval by LBG. Monitoring wells were installed on September 12, 2008. Evaluation included in LBG comments on monitoring plan, below. 6. Ground Water Monitoring July 20, 2008 Provided to the City on August 28, 2008 Plan 7. Production Well Records Ongoing Well records are being kept and are available to the City upon request. 8. Wash Plant Operation Ongoing Operation records are being kept Records 9. Depth of Excavation Ongoing Will be established by LBG based on review of Scandia Planning Commission Page 3 October 27, 2008 Bracht Bros, Inc., AOP for Mining Condition Deadline Specified Status In CUP three consecutive months of ground water monitoring and plan. Bracht will not excavate below 920' unless authorized. The proposed excavation elevation will be a minimum of three feet above the water table, in accord with Watershed District rules. 10. Ground Water Analysis for Ongoing Ground water will be analyzed for DRO. Will be DRO and GRO analyzed for GRO if gasoline is stored on site. 11. Updated Site Plan with index July 20, 2008 Map provided in AOP Application wells 12. Truck Signage July 20, 2008 Applicant indicated that the sign was on back- order from the supplier and was received by Bracht on 10/10/08, and installed during the week of 10/13/08-10/17/08. 13. Truck routes Ongoing Verified by Applicant in AOP application and dust control plan 14. Dust Control Plan No date specified Provided on August 28, 2008 15. Wetland Buffer No date specified Field delineation of wetlands recently completed. Applicant indicates that a 50-foot buffer will be permanently marked in the field. Report provided in application. Applicant reported that the wetland buffer was marked in the field on October 3, 2008. 16-20. Updated Reclamation Plan July 20, 2008 Provided on August 28, 2008 21. Letter of Credit/Security July 20, 2008 Not provided to date. Applicant indicated in a letter dated October 14 that it will be provided to the City under separate cover. 22. AOP application submittal July 20, 2008 Submitted August 22, 2008 Evaluation of Performance The table indicates that Bracht Bros., Inc. has been more than a month late in addressing many of the conditions included in the Conditional Use Permit. These items include installation of the monitoring wells, submission of a ground water plan, truck signage, updated reclamation plan, and letter of security. These items are significant elements that need to be evaluated or completed before the Annual Operating Permit can be issued. It is critical that the Applicant comply with the CUP and be accountable for meeting deadlines set by the City. OPERATING CONDITIONS - EVALUATION FOR AOP Site Operations- Background Information The site is 40 acres in size. The mining permit is requested for approximately 25 of these acres. The mining operations include extraction of sand and gravel with loaders. The material is crushed on-site using a Scandia Planning Commission Page 4 October 27, 2008 Bracht Bros, Inc., AOP for Mining portable crusher that is periodically brought to the site when needed. A wash plant, including conveyors, screens and a supply well, is also located on the site, in the lower portion of the mine floor. Washing with water removes the fine particles associated with the sand and gravel. The water source is a well on the site, and the Applicant obtains a Minnesota DNR Water Appropriations Permit annually for the well. After use in the wash plant, the water is discharged to sedimentation basins. After settling, the water is recycled back to the wash plant. The Applicant indicates that recycled water is used for approximately 80 percent of the wash plant operation. The sedimentation basins are dredged periodically, and the dredged material is used in site reclamation. Annual Activity The application generally includes the data required by the Ordinance regarding annual activity on the site. It notes the following: The amount of material removed from the site in 2007: 20,760 cy Amount of add-rock brought onto the site in 2007: 0 cy Amount of recycled asphalt and concrete brought to the site in 2007: 0 cy Area reclaimed through backfilling: Phase II area (acres of reclamation not indicated) Average number of trips to and from the site per day: 11 trips The application also describes the activities proposed at the site in 2008 and 2009. The types and size of operations in these years are expected to be similar to activities at the site in 2007. The application includes a site plan as required in the Ordinance that shows areas of operation and reclamation. The application does not indicate when the Phase II slopes will be stabilized. Setbacks The AOP application indicates that the minimum setbacks are maintained as follows: • 50 feet from an adjoining property line • 200 feet from an occupied existing structure • 100 feet from any residential lots of 5 acres or less • 100 feet from any road right-of-way. The setbacks meet the requirements of Ordinance No. 103. Fencing The entire mining site is fenced with 3-strand wire fencing. Locking metal gates are located at the site access points. The site fencing meets the requirements of the City's Ordinance. Hours of Operation The application proposes work hours from 7 a.m. to 7 p.m. Monday through Friday, except holidays. These hours are consistent with the City's Ordinance. Scandia Planning Commission Page 5 October 27, 2008 Bracht Bros, Inc., AOP for Mining The application indicates that extended hours may be required periodically for emergencies,accelerated work schedules or weather delays. The Applicant should note that the Ordinance requires that any extended hours be specifically authorized by the City. Screening The application describes the existing screening at the property, and indicates that no additional screening is planned for 2008. The CUP did not require any additional screening of the property. Dust Control The CUP requires that the Applicant provide a Dust Control Plan to the City, detailing plans for dust control on 185th Street and Old Marine Trail, if this road is used for hauling. The City received the proposed Dust Control Plan on August 28, 2008. The City's primary concern related to dust control at the site is the control needed on haul roads -particularly on 185th Street. The proposed Dust Control Plan indicates that"Dust control will be provided on 185th Street,"and"If Old Marine Trail is used as a significant hauling route, and the City deems it necessary, dust control will be provided o(sp)Old Marine Trail as well." The plan provides no specifics regarding the type of dust control or anticipated frequency of dust control that will be provided on 185th Street. Additional detail should be provided by the Applicant to meet the conditions included in the CUP - for example, the type and frequency of dust control that will be completed under typical conditions. The Applicant submitted a revised Dust Control Plan to the City on October 14, 2008. The revised plan meets the requirements of the Ordinance. Noise The application indicates that all activities will be conducted on the site to meet Federal, State and County noise standards. The City's Ordinance states that the operator must meet Federal, State and City standards, as the County does not have standards that apply. The Application should be revised to change "County"to "City" standards. The CUP did not include additional conditions related to noise. The Application has been revised as requested. Depth of Excavation The application indicates that new areas of mining will not be excavated below 920' above mean sea level, and no excavation will be undertaken closer than 3' to the highest ground water elevation. This meets the requirements of the Ordinance and CUP. Monitoring data gathered from new wells at the site will be used to establish the elevation of the ground water table in the mine area, and the City's consulting hydrogeologist (LBG)will review the monitoring data and authorize the depth of excavation based on the elevation identified. The proposed excavation elevation will be a minimum of three feet above the water table in accordance with the Watershed District rules. Scandia Planning Commission Page 6 October 27, 2008 Bracht Bros, Inc., AOP for Mining Site Clearance No site clearing is proposed in 2008. Appearance/Condition The application indicates that the Operator will maintain the buildings and equipment in a neat condition. Site visits in 2008 have verified that the condition of the site meets the requirements of the City's Ordinance. Sanitary Facilities Portable sanitary facilities are provided on the site, and comply with the requirements of the Ordinance. Waste Disposal The City's Ordinance requires that waste generated by the mining operations be disposed of in accordance with Federal, State and County requirements. The application should be revised to change the word "County"to "City." The revised Application includes the requested change. Ground Water Plan and Monitoring The CUP required that the Applicant install two monitoring wells at the site, in consultation with LBG. The Applicant indicated that the wells will be installed by September 15, 2008, pending approval of the locations by LBG. One well will be installed near the existing production well, down gradient of the fuel tanks and wash plant operations, and will be used for annual water quality monitoring. The second well will be installed as close to the eastern property line as possible on the floor of the pit, and will be used in conjunction with the first well to verify the elevation and direction of ground water flow. The CUP required that the Applicant prepare and submit to the City a detailed plan for ground water monitoring and protocols within 60 days of approval of the CUP, to be reviewed by LBG (July 20, 2008). The proposed monitoring plan was provided to the City and LBG on August 28. LBG is reviewing the proposed plan, and will provide comments to the City for review of the AOP. Bracht submitted a Ground Water Monitoring Plan to the City on August 28. The Plan was reviewed by LBG, the City's consulting hydrogeologist. LBG provided comments to Bracht. A revised plan was submitted on October 14, 2008. LBG noted that the Groundwater Monitoring Plan indicates that well MW-2 is installed in a perched system and not deeply enough to reach the water table aquifer. If this is the case, the well is not meeting the monitoring objectives identified by the City. LBG recommends that Bracht install a new well in the area of MW-2 that monitors the water table aquifer. LBG's comments on the revised plan are as follows: 1. Well Construction: Bracht should submit the geologic logs for the new monitoring wells. Only well construction diagrams have been submitted. Scandia Planning Commission Page 7 October 27, 2008 Bracht Bros, Inc., AOP for Mining 2. Monitoring Well Construction: The purpose of MW-2 is to monitor groundwater levels and quality in the water table aquifer. As required by the resolution stated in the CUP, two wells must be installed in the water table aquifer, one near the production well (the MW-1 location) and one downgradient near the property line (the MW-2 location). These wells were installed in the locations requested. The Groundwater Monitoring Plan (revised 10-14-08) alleges that MW-2 is installed in a perched system and not the water table aquifer; however, this has not been confirmed. If this is the case, then the well is not meeting the objective. An objective of the monitoring wells was to show that mining was not occurring below the water table and was at least 3 feet above the water table. If MW- 2 currently represents the water table and not a perched system, then the groundwater gradient is in the opposite direction as previously reported and the water table may be above the mine base in the proposed mine extent. Based on the well construction information, survey data, and depth to water, it appears MW-2 was not installed deep enough to encounter the water table aquifer. Therefore,LBG recommends that Bracht install a new well in the area of MW-2 that monitors the water table aquifer. The new well needs to extend deeper than the proposed mine base and into the water table. 3. Map: A revised map showing final locations of the monitoring wells needs to be provided. Previous maps only show the proposed well locations. 4. Results: Please submit monitoring results under separate cover and not with the Plan. In addition to the annual submittal of data and a summary report, Bracht must also submit the consecutive three- month and also the tri-annual groundwater level monitoring data to the City as soon as possible after it has been collected and tabulated. These data will then be available for review by LBG more frequently than once a year. 5. The Plan needs to specify the date when the groundwater level measurements were collected. 6. Conclusion: LBG does not recommend approval of the plan until it can be demonstrated that a well at the MW-2 location represents the water table aquifer. Fuel and Chemical Storage The application indicates that fuel and chemicals are stored according to State and Federal Standards. The application should be revised to indicate that the Applicant will also comply with City requirements for storage of fuels. The CUP requires that ground water samples be analyzed for Diesel and gasoline range organics (DRO and GRO). Contingency Response Plan The application includes a general Contingency Response Plan. The Ordinance requires that the Applicant also train staff in immediate and remedial response to accidents or spills. The Applicant should indicate if or when staff training will be provided. A specific Contingency Response Plan should be provided to the City and its Fire Department. Processing The application describes the permanent processing equipment and its location at the site. The proposed operation and location of the processing equipment meets the requirements of the City's Ordinance. Scandia Planning Commission Page 8 October 27, 2008 Bracht Bros, Inc., AOP for Mining Trucking Operations The application indicates that trucks will access the site from 185th Street North. The CUP requires that the Applicant discourage trucks form using Old Marine Trail. This is confirmed in the Dust Control Plan. The CUP requires that the Applicant post another"trucks hauling" sign on 185th Street for the westbound approach to the east of the site. Supplemental signing below this new sign and the existing sign must be added detailing the approximate number of feet between each sign and the eastern driveway. The Applicant indicated that the signs will be installed by September 15, 2008. The Applicant's letter of October 14, 2008, indicated that the truck hauling sign was on back order from the supplier and was received by Bracht on October 10. Reclamation Plan The Applicant submitted a Reclamation Plan that was approved with the CUP. The proposed Reclamation Plan includes backfilling to create slopes up to a maximum 4:1 gradient, adding topsoil, seeding, and mulching. The application indicates that reclamation during 2007 consisted of backfilling the southwestern portion of Phase 2, and that reclamation in 2008 will continue backfilling within the southern portion of Phase 2. The reclamation proposed appears to be consistent with the City's requirements that reclamation be completed concurrently and proportionally with the mining operations, while keeping areas open on the site for active mining and processing activities. While not required by the Ordinance, it would be helpful for the Applicant to include information regarding the number of acres to mined each year and the number of acres reclaimed in its AOP applications. Additional Provisions Additional provisions identified in the CUP are discussed in the section on Conditional Use Permit Requirements. SITE INSPECTION The City's Planning Commission and staff completed a site visit to the Bracht Mining Operation in spring, 2008. Additional inspections and site photos were completed by City staff and consultants during the review of the CUP. Issues that were identified in the site visits were addressed in the conditions included in the CUP. ACTION REQUESTED: The City Council can: 1. Approve the AOP; 2. Approve the AOP with conditions; 3. Deny the application if it is found that the request is not consistent with the Comprehensive Plan, CUP, AOP Criteria, and Mining Ordinance, and is not in the best interest of the community; 4. Table the request Scandia Planning Commission Page 9 October 27, 2008 Bracht Bros, Inc., AOP for Mining PLANNING STAFF RECOMMENDATIONS: The Planner recommends tabling the request for the Annual Operating Permit until the following items required by the CUP have been completed: 1. Bracht shall submit the geologic logs for the new monitoring wells to LBG and the City. Only well construction diagrams have been submitted to date. 2. Bracht shall install a new well in the area of MW-2 that monitors the water table aquifer. The new well needs to extend deeper than the proposed mine base and into the water table. 3. Bracht shall submit a revised map showing final locations of the monitoring wells, not proposed locations. 4. Bracht's monitoring plan shall specify the dates when the groundwater level measurements were collected. 5. Provide required Letter of Credit or other security to the City. ACTION REQUESTED: Staff request that the Council review and discuss this Report on November 5. . '� Kirsten Pauly, PE/PG, Principal i - gym` 1 Brian Mundstock, PE, Principal j Mike Kettler, PE, Principal 14110-7(.4 Consulting Civil Engineers October 14, 2008 Sherri Buss City of Scandia Planner TKDA 444 Cedar Street Suite 1500 Saint Paul, MN 551010-2140 Re: Bracht Bros., Inc. Please find the additional information requested for the Bracht Bros., Inc. site per your September 11, 2008 staff report. 1. Provide a specific dust control plan for 185`h Street to the City: The Dust Control Plan has been revised to include 185th Street. A copy of the revised plan is attached. 2. Revised AOP application to change "County"to "City"standards for items identified in the evaluation above. Attached is a revised AOP application. 3. Revise Ground Water Monitoring Plan and excavation depth based on LBG and City recommendations. Attached is a revised Ground Water Monitoring Plan. Based on initial water level readings, the proposed maximum excavation depth can likely be lower then 920 feet above mean sea level while maintaining the three foot separation from the ground water. However, based on LBG's recommendation, monthly water level readings over the course of the next three months will be taken before proposing any changes o the excavation depth. 4. Install the proposed monitoring wells by September 15, 2008, based on approval of the proposed locations by LBG. The monitoring wells were installed on September 12, 2008 5. Address Ground Water Plan items identified by LBG A revised Groundwater Monitoring Plan that addresses LBG's comments is attached and has been submitted directly to LBG as well. 6. Provide Contingency Response Plan to City and Fire Department. The Contingency Response Plan is attached and has also been submitted directly to the Fire Department. 7. Install truck hauling sign on 185`h Street by September 15, 2008 Sunde Engineering, PLLC. 10830 Nesbitt Avenue South • Bloomington, Minnesota 55437-3100 Phone: (952) 881-3344 • Fax: (952) 881-1913 • E-Mail: info@sundecivil.com The truck hauling sign was on back order and was received by Bracht's on 10/10/08. The sign will be installed during the week of 10/13/08-10/17/08. 8. Permanently mark the 50'wetland buffer in the field by October 3, 2008. The fifty foot wetland buffer was permanently marked in the field by October 3, 2008. 9. Provide required letter of Credit or other security to the City. The security will be submitted to the City under separate cover. If you have any further questions, please do not hesitate to give me a call. Sincerely, _ 7,a__(..÷ Kirsten Pauly, PE/PG SUNDE ENGINEERING, PLLC Attachments cc: Natalie Bracht Dust Control Plan revised 9/22/08 This plan addresses dust control measures which are implemented at the gravel mining site. 1. Stripping Operations: Dust production at the site is related predominately to wind erosion of the topsoil, stockpiles and mining activities. Due to the size particles in topsoil it is subject to three times greater erosional losses than the underlying sand and gravel deposits. Wind erosion, which creates dust, will be most prevalent during periods of stripping. The majority of the site where mining will occur has been stripped. The only additional stripping will occur in conjunction with the restoration of the site when the eastern portion of the site will be sloped to create final restoration grades. When additional stripping occurs the following practices will be followed: • Conduct stripping operations as quickly as practical. This includes removing all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the topsoils. • All berms will be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. All berms on the site have been stabilized. 2. Mining and Processing Operations: Mining operations contribute to dust production in the extraction, processing and transportation of product. Mitigative measures which can successfully be applied to various aspects of the mining operation, and which will be followed by the operator are discussed below: • The general setting of operations are recessed and perimeter berms, act to trap a portion of the dust generated within the site, and prevent it from migrating beyond site boundaries. The natural moisture content of the de[posit as well as the washing process minimizes dust generation. 3. Dust Control on 185th and Old Marine Trail: 185th Street • The operator will provide dust control on 185th. Historically this has been accomplished in cooperation with the City of Scandia. The City of Scandia applies calcium chloride treatments as needed and bills Bracht Bros., Inc. for the service. In the past, the calcium chloride treatments that Bracht Bros., has been responsible for where applied from halfway between Oakgreen Ave. and Olinda Trail — (in front of the first house) to the eastern entrance to the site. The calcium chloride treatments have been applied as the City deems necessary, typically 1 or 2 treatments per year depending upon weather and truck hauling activity. The operator agrees to continue this method and extent of dust control on 185th Street. Old Marine Trail: • The CUP requires that the operator discourage trucks from using Old Marine Trail. Therefore, only if there is a local job requiring a substantial number of loads would it be necessary for the operator to provide dust control on Old Marine Trail. In that event, the operator will contact the City prior to beginning the job to determine the appropriate dust control requirements at that time. Revised October 7, 2008 APPLICATION FOR ANNUAL OPERATORS PERMIT BRACHT BROS. INC SAND AND GRAVEL MINING OPERATION CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA I. INTRODUCTION The following Annual Operators Permit (AOP) application is submitted on behalf of Bracht Bros., Inc. 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. Bracht Bros., Inc. currently owns and operates a gravel mining and processing operation in the City of Scandia, MN. Mining of gravel at the site predates any type of permitting requirements. However, prior to the incorporation of Scandia in 2006, the site has been issued five year permits from Washington County (since 1991) as well as annual permits from New Scandia Township. The City of Scandia issued a Conditional Use Permit for the site in the spring of 2008. II. ANNUAL REPORT A. Operating Conditions: The site operates in accordance with operating conditions regulated by Section 7 of the Scandia Ordinance 103. 1. Setbacks: No mining, stockpiling or land disturbance activities, with the exception of berming take place within the setback areas, Minimum setback areas are maintained as follows: • 50 feet from an adjoining property line • 200 feet from an occupied structure existing on May 20, 2008. • 100 feet from any contiguous property subdivided into residential lots of 5 acres or less • 100 feet from any road right-of-way. 2. Fencing: The entire site is fenced with 3 strand wire fencing. Locking metal gates are located at the site access points. I/5 Revised October 7, 2008 3. Hours of operation: The site is operated from 7:00 a.m. to 7:00 p.m. Monday through Friday except holidays. Extended hours may be required periodically for situations such as emergencies, accelerated work schedules or weather delays. Extended hours were not requested in 2007. Extended hours have not been requested to date in 2008. If operations are required beyond the 7:00 a.m. to 7:00 p.m. hours, or on Saturdays, Sundays or holidays, prior permission will be obtained from the City of Scandia in accordance with procedures set forth in Ordinance No. 103. 4. Screening: Landscaping has been completed in accordance with plans approved by Washington County in 1991. There are a number of berms located around the property and trees planted around the perimeter of the property provide screening from adjacent land uses. Many trees were planted in the 1980's which have become well established and provide excellent screening of the site. Processing and stockpiling operations are conducted in recessed portions of the site to minimize visibility. No additional screening activities are planned for 2008. 5. Dust control: Processing areas are located at elevations lower than the surrounding terrain in order to minimize windborne dust leaving the site. 6. Noise: All activities are conducted so as to be in accordance with all Federal, State and City noise standards. 7. Depth of excavation: New areas of the mining operation will not be excavated lower than 920' above mean sea level until at least three monthly water level readings have been taken from the new monitoring wells. The water level results will be analyzed to determine the appropriate minimum mining depth and the proposed excavation depth and the water level results will be submitted to the City and their consulting hydrgeologist for review and approval. In no case will excavation be undertaken closer than 3' to the highest groundwater elevation. 8. Site clearance: There will be no site clearing at the site in 2008. 9. Appearance/condition: All buildings, plants and equipment at the site are maintained in a neat condition. Weeds and other unsightly or noxious vegetation are controlled as necessary to preserve the appearance of the reclaimed areas. 10. Sanitary Facilities: Portable sanitary facilities are provided in the operating areas. 2/5 Revised October 7, 2008 11. Waste Disposal: Waste generated from the operation is disposed of in accordance with Federal, State and City requirements. 12. Water Quality Monitoring: A plan for groundwater monitoring is being developed in conjunction with monitoring wells to be installed in 2008. The groundwater monitoring plan will be submitted to the city and their hydrologist for review and approval. 13. Fuel and Chemical Storage: All fuel stored on site is stored in accordance with Federal and State standards. 14. Contingency Response Plan: In the event of a fuel leak or spill, immediate action will be taken. If the spill or leak is active, measures will be taken to control or stop the spill. Available on-site equipment (loaders, dozers) will be used to contain and recover the spill. Additional cleanup equipment and personnel will be called in for assistance as necessary. 15. Added Provisions: The operator will comply with other such reasonable requirements that the City may find necessary to adopt for the protection of health, safety and welfare and/or prevention of nuisance. 16. Processing: The site operates permanent processing equipment in accordance with all Federal State and City air and water quality and noise standards. Processing equipment is screened from view from other properties and adjacent roads. Portable crushing equipment is placed on the floor of the facility and setbacks per Ordinance No. 103 are maintained between the processing equipment and the property lines. 17. Recycling: No recycling activities occurred on-site in 2007. Recycling is not anticipated in 2008. 18. Trucking Operations: The site accesses 185th Street North, a gravel city street. All loads leaving the site are loaded accordance with state law. Loose material is cleaned from the truck and tires prior to exiting the facility. 19. Asphalt Plants: No asphalt plants are operated at this site. B. Annual Activity 1. Amount of material removed from the site in 2007: 20,760 cy 3/5 Revised October 7, 2008 2. Amount of add-rock brought onto the site in 2007: 0 cy 3. Amount of recycled asphalt brought to the site in 2007: 0 cy 4. Amount of recycled concrete brought to the site in 2007: 0 cy 5. Area reclaimed and type of reclamation: In 2007, backfilling began along the southern slope of Phase 2. In 2008, continued backfilling of this area is anticipated to work on bringing the slope up to the final 4:1 slope. 6. Average number of trips hauling material to and from the site per day for the season: In 2007 an average of 11 truck loads per day were hauled from the site (22 truck trips) based on 180 operating days. C. Description of operating conditions planned for the coming year: 1. During the 2008 mining season, excavation will continue in Phase 2. Washing, processing and stockpiling will continue in open portions of Phases 1 and 3. No change from past years operations are anticipated in 2008. 2. Site Plan: A Site Plan is attached which illustrates the location of active mining, stockpiling, processing and reclamation locations anticipated in 2008. 3. Aerial Photo: An aerial photo is attached that shows the location of active mining, stockpiling, processing and reclamation locations anticipated in 2008. 4. Reclamation: Reclamation activities in 2007 consisted of backfilling the southwestern portion of Phase 2. Reclamation activity in 2008 will consist of continued backfilling within the southern portion of Phase 2. 5. Operating Conditions for 2008: Active mining will continue in Phase 2. Washing processing ad stockpiling will continue within Phases 1 and 3. No changes from previous year's operations are anticipated in 2008. D. Inspection: The City inspected the site in conjunction with the CUP permitting process in the spring of 2008. 4/5 Revised October 7, 2008 III. CERTIFICATION I certify that the plans, specifications or reports for the above described facility were prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 7 * Kirsten Pauly Date: October 7, 2008 Reg. No. 21842 5/5 Revised 10-14-08 GROUNDWATER MONITORING PLAN BRACHT BROS., INC. SCANDIA, MN Introduction Groundwater is a valuable resource that can be used as the source of drinking water by area residents. Additionally, groundwater interacts with, and plays an important role in sustaining, several high value surface water resources within the region. Protection of the quantity and quality of groundwater resources is vital and it is everyone's responsibility. This groundwater monitoring plan has been developed to provide additional understanding of the groundwater characteristics beneath the site and establish a useful monitoring point for testing the water quality of the site at the first groundwater contact down gradient from the fuel storage area on-site. This plan will enable an evaluation of water quality and quantity over time as mining activity progresses through the site in accordance with the approved plans. Groundwater Monitoring History: As part of the initial permitting of the site by Washington County, three soil borings were drilled into the water table in 1989 for the purposes of establishing the elevation of the water table and the direction of groundwater flow. The first groundwater contact at the site is in the Quaternary Drift aquifer and the soil borings indicated that the direction of groundwater flow is to the east, towards the St. Croix River Valley. At the time the soil borings were drilled, the elevation of the water table varied from approximately 900 feet above mean sea level (msl) in the eastern portion of the site to 920 feet above msl in the western potion of the site. Information obtained from the three soil boring is consistent with the information contained within the Washington County Geologic Atlas. Monitoring of groundwater quality has historically been conducted on an annual basis at the site in accordance with the Washington County Permit. Annual sampling of the production well used to supply water to the wash plant was conducted for diesel range organics (DRO). The production well is a 75 foot deep well with approximately 16 feet of open hole finished in the Prairie du Chien Jordan Aquifer. New Monitoring Wells: The CUP issued by the City of Scandia in 2008 requires that an additional monitoring well be installed in the upper portion of the groundwater table. This well, MW-1, was installed on September 12, 2008. MW-1 is located near the existing production well and it will monitor the fluctuation of the elevation of the water table over time as well as for the purposes of measuring water quality in the upper portion of the groundwater table. Because the existing production well is finished in the deeper underlying Jordan Sandstone, samples collected from this well may not represent water quality of the water table aquifer and MW-1 will now replace the production well for monitoring purposes. A second well, MW-2, was also installed on September 12, 2008. MW-2 was requested in order to verify the elevation and direction of groundwater flow beneath the site. Because the existing data on the elevation of the groundwater table is from a single point in time, there is no data on how the water table fluctuates over time. Although the Ordinance requires only one monitoring well for this mining operation, the city has requested a second monitoring well for the purpose of collection of water level data. MW-2 is adjacent to the east property line. Based on the initial water level data, it is likely that MW-2 will be of limited value as it appears to be finished in a locally perched water table at an elevation substantially above the elevation of the regional water table. Figure 1 illustrates the location of the two new wells. The construction logs for the new wells are included in Attachment 1. Well Construction: The two new monitoring wells were constructed of 2" Schedule 40 PVC with ten foot Sch. 40 slotted screens, in accordance with the MN Well Code. The wells are capped, with 1-3 feet of stick up above the ground surface and a six inch protective casing with a locking cap. Based on the initial round of water level readings, MW-1 is finished 6.7 feet into the water table and MW- 2 is finished 3ft into the water table. The following table gives details of the wells. WELL Ground Top of Depth to Water Casing Water Elev. MW-1 938.02 940.17 29.83 910.34 MW-2 965.41 967.49 35.00 932.49 Monitoring Schedule: Initially, the depth to groundwater will be measured for three consecutive months in the two new monitoring wells in order to establish the water table surface relative 2 to the existing mine floor elevation. After three months worth of readings, a proposed minimum mining excavation depth will be submitted to LBG and the City for review. The proposed excavation elevation will be a minimum of three feet above the water table in accordance with the Watershed District rules. Thereafter, water levels will be read on a spring, summer and fall basis. In addition, MW-1 will be monitored on an annual basis for diesel range organics (DRO). Samples will be collected during the active mining season. Water level measurements will be collected in the morning prior to pumping of the production well. The table below reflects the monitoring schedule. MW-1 DRO Annually MW-1 Water Level Spring, Summer, Fall MW-2 Water Level Spring, Summer, Fall If gasoline is stored on the site in the future, monitoring for GRO and Benzene will also be conducted. Sampling Protocol Sampling protocol was prepared by Minnesota Valley Testing and is included as Attachment 2. Minnesota Valley Testing will be collecting and analyzing the sample for DRO, Bracht Bros., personnel will be taking the water level readings. Results Sampling results will be submitted to the City on an annual basis in conjunction with the annual report. The report will include previous years' data and will be in a spreadsheet or graph form to facilitate identifying trends in water quality. Results will be reviewed for any indication of impacts to water quality or quantity as a result of mining. The report will include all sampling field data sheets and laboratory reports. In addition, ground water level data will be submitted tri-annually as soon as possible after the data has been tabulated. It should be noted that fluctuations in groundwater levels can be expected in response to climatic conditions. 3 SEP-15-2008 16:54 From:BRACHT 651 464 '588 To:5528811913 P.2/4 6CP. 15, 2008 2; 19PM AQUA PLUS to, 4`081 P, 1 f1 AQUAptus , Inc, 11141...Gti, fib Groundwater Development - Environmental Controls rAft N.. May 14, 2008 , Attention: Natalie Fitzpatrick BRACHT BROS, INC, '\ 8303 216th Street North / Forest Lake, MN 55025 RE Report of monitoring well installation at the Brecht Bros, Gravel Pit in Scandia, MN Dear Ms. Natalie Fitzpatrick: In accordance with our verbal agreement on September 11, 2008, we have completed the drilling and construction of (2) two wells, at the above referenced site, The fieldwork begun and was completed on September 12, 2008. Each of the borings was advanced using a CME-75 drill rig, and 4-inch ID hollowstem augers. Soil samples were not collected. The borings received 2-inch monitoring wells, and the details are shown on the attached schematics, All of the fieldwork was completed in compliance with Minnesota Deportment of Health regulations, under the supervision of a licensed well contractor. The undersigned here acknowledges receipt at the some of two thousand four hundred dollars ($2,400.00) from Aqua-Plus Inc., as full and final payment for all labor, skill and material for the above referenced project. Should you have any questions or comments regarding this project, please feel free to contact us, Sincerely, AQU -PLUS, INC. 4WII i m J Alp President II v,r08.114-4 I _ 17931 Fillmore Street, NW. Elk River, Mlnnecora 65330 Phone: 783-441.7257 E-Mall: equaplus corn FOx 763-4-41-6131 I • SEP-15-2008 16:54 From:BRACHT 651 4-4 7588 To:9528811913 F.1/4 Sep, 15. 2008 5:08PM AQUA PLUS No. 4083 P. 3 AQUA-PLUS,INC MW-f MONITORING WELL CONSTRUCTION DETAIL UNIQUE NUMBER none PROJECT: Brach Brothers E Gravel Pii V I t o. �j." tfd�Nt 1'i:4 INSTALLATION DATE: 09/12/08 0.0] ." Ite l u0.'.;;,4!r': PROTOP: 6-inch locking steel t M kW , `' CASING: 2-inch PVC F '4 4J'�-N ; ` fil.16, �, GROUT: Bentonite Grout , � PIN '8 A B � L �., �dIN 4 SEAL: Bentonite Chips ^, `-1 i-.: ,1,. G-- - ;;,1;. . ;;. ---r-- :. • GRAVEL PACK: No. 45-55 - H ---- - , WELLSCREEN: 2-inch PVC 10-slot. BOTTOM PLUG N/A �; __v_.- • �,;jqy ' �y�aVY'�/,' IL;! BOREHOLE: Auger J p A: TOTAL WELL DEPTH: 36.5-feet B: BOREHOLE DEPTH: 38-feet C: DEPTH OF CASING: 26.5-feet D: SCREEN LENGTH: 1Ck-feet E: STICK-UP: 2-feel F. BOREHOLE GROUT, 22.5-feet G: GRAVEL PACK SEAL- 2-feet H. GRAVEL PACK 12•feet 1s BOTTOM SEAL: Ncne J. BOREHOLE SIZE 8-inch to 38-feet SEP-15-2008 16:54 From:BRACHT 651 464 7588 To:9528811913 P.3/4 Sep. 15. 2008 5:C8PM AQUA PLUS Vo. 40B3 P. 1 AQUA-PLUS,INC MW- 2 MONITORING WELL CONSTRUCTION DETAIL UNIQUE NUMBER none 1 1 IPROJECT: Brach Brothers EIGravel Pit IRy,� �a,..F'r':° t INSTALLATION DATE: 09/1 2/08 1��#f# ��°• PROTOP: 6-inch locking steel thrittl <• .t•ft+ lilt CASING; 2-Inch PVC ':-410 #, ,_3 itli. GROUT: Bentonite Grout ri �1�, 1 ¶i. 4 IP0 B `!" , dr. .t SEAL: Bentonite Chips (� p�j,jQy, M.1 ,;'.r.i'l •f •i%. '"" GRAVEL PACK: No. 45-55 i T — H - WELLSCREEN: 2-inch PVC 10-slot D • • BOTTOM PLUG: Bentonite Grout �' - I ,. ;:Ia ',.: sYsi!44.1.1 irk i.A'--a:14t BOREHOLE: Auger J A TOTAL WELL DEPTH: 38-feet B: BOREHOLE DEPTH: 53-feet C; DEPTH OF CASING: 28-feet D. SCREEN LENGTH; 10•feet STICK-UP: 2-feet BOREHOLE GROUT: 24-feet . G: GRAVEL PACK SEAL: 2-feet H: GRAVEL PACK: 12-foot I. BOTTOM SEAL: yes 45—55 feet t 1 �� J: BOREHOLE SIZE: 8-inch to 53 feet Bracht Bros., Inc. Scandia Sand and gravel Mining Facility Contingency Response Plan Bracht Bros., Inc. (Bracht) operates an aggregate mining facility in Scandia, MN. Diesel fuel is stored on-site to run the generator associated with the washplant and to operate site equipment. Diesel fuel is stored in a 275 gallon tank in accordance with MPCA regulations and within a concrete secondary containment area. In the event of a fuel leak or spill, immediate action will be taken. If the spill or leak is active, measures will be taken to control or stop the spill. Available on-site equipment (loaders, dozers) will be used to contain and recover the spill. Additional cleanup equipment and personnel will be called in for assistance as necessary. A spill that consists of five gallons or more requires that the MPCA State Duty Officer be immediately notified at 651 649-5451. Cleanup will occur in cooperation with the Minnesota Pollution Control Agency. The major causes of potential spills are: 1. Spills during transfer operations 2. Tank overflows. Employee training includes the following topics: Spill prevention (no overtopping of tanks), good housekeeping, material management practices, procedures to follow in the event of a spill, fire or explosion, proper operation procedures for emergency equipment and waste handling. Bracht is responsible for overseeing this plan. Contact information is as follows: Natalie Fitzpatrick Bracht Bros., Inc. 8303 216th Street No. Forest Lake, MN 55025 (657) 464-7115 Site location: North of 185th Street between Olinda Trail and Old Marine Trail. ILB MEMORANDUM TO: Sherri Buss, TKDA FROM: Dave Hume,LBG CC: DATE: October 30, 2008 Review Comments -Groundwater Monitoring Plan,Revised (10/14/08) RE: Bracht Bros. Sand and Gravel Mining and Processing Scandia,MN The purpose of this memorandum is to provide TKDA with Leggette, Brashears & Graham's(LBG)comments and recommendations from our review of the Bracht Bros. revised Groundwater Monitoring Plan (Plan). Plan Comments 1. Monitoring Well Construction a. Bracht should submit the geologic logs for the new monitoring wells. Only well construction diagrams have been submitted. b. As required by the conditions of Conditional Use Permit(CUP),dated May 20, 2008, two monitoring wells must be installed into the water table aquifer. One well was to installed near the production well (MW-1)and the other to the east near the property line (MW-2). These wells were installed at the locations described in the draft Plan from September 2008; however, the revised Plan, dated October 14, 2008, alleges that MW-2 was installed in a perched aquifer and not the water table aquifer. If this is true, then MW-2 is not meeting the conditions of the CUP. If MW-2 is monitoring the water table and not a perched system,then the groundwater gradient and flow is to the west and not the east as previously reported. c. To meet this objective and the conditions of the CUP,another monitoring must be installed deep enough to monitoring the water table aquifer at the MW-2 location. 2. Map a. A revised map showing final locations of the monitoring wells needs to be provided. Previous maps only show the proposed well locations. K:\n-z\Scandia\1405901 1\docs\corres\memos\Bracht REVISED monitoring plan review memo I0.30.08.doc LEGGETTE, BRASHEARS & GRAHAM, INC. LBG Review Comments Bracht Groundwater Monitoring Plan 2 October 30, 2008 3. Results a. The Plan needs to specify the date when the groundwater level measurements were collected. b. Please submit monitoring results under separate cover and not with the Plan. In addition to the annual submittal of data and a summary report, Bracht must also submit the consecutive three-month and also the tri-annual groundwater level monitoring data to the City as soon as possible after it has been collected and tabulated. These data will then be available for review by LBG more frequently than once a year. LBG Recommendations 1. LBG does not recommend approval of the Plan until Bracht can demonstrate that a well at the MW-2 location represents the water table aquifer,the elevation of the water table across the site is known, and the general flow direction can be verified. 2. As stated in the Plan, the minimum mining excavation elevation will be established by LBG after three consecutive months of water level data are collected by Bracht and evaluated by LBG. LEGGETTE, BRASHEARS & GRAHAM, INC. TKDA 444 Ce Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Dresel Contracting., Inc - Annual Anne Hurlburt, City Administrator Operating Permit Application for a Copies To: Dresel Contracting, Inc. Mining and Processing Operation Kirsten Pauly, Sunde Engineering City of Scandia, Minnesota From: Sherri Buss, R.L.A. Proj. No.: 14059.012 Date: October 27, 2008 Routing: SUBJECT: Dresel Contracting., Inc. - Annual Operating Permit Application for a Mining and Processing Operation MEETING DATE: November 5, 2008 LOCATION: All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County, Minnesota APPLICANT: Dresel Contracting, Inc. 2404 July Avenue Chisago City, Minnesota 55013 120-DAY PERIOD: December 29, 2008 ZONING: Agricultural District ITEMS REVIEWED: Application, Plans, and Related Submittals BRIEF DESCRIPTION OF THE REQUEST: Updates and information added to this memo after the September 16 Council meeting are identified in bold type. The Application is for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on 218th St. North in Scandia. Mining at the site predates any type of permitting. The site operated under a Conditional Use Permit issued by Washington County when the County exercised land use authority within New Scandia Township. The Applicant applied for and received its first Conditional Use Permit (CUP) from the City of Scandia for its operation on May 20, 2008. The CUP included a number of conditions that will apply to the operation of the site. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 30 each year, so that permits can be approved before the start of the mining season in that year. Based on the CUP schedule completed in 2008, the application cycle is early this year An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Scandia Planning Commission Page 2 October 27, 2008 Dresel Contracting, Inc., AOP for Mining for the 2009 mining season. The applications submitted in August, 2008, will be used for the 2009 mining season. The AOP's would run through December 31, 2009. Mine operators will submit their applications for the 2010 season by January 30, 2010. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Mining and Related Activities Regulations and the Conditional Use Permit issued to the Applicant on May 20, 2008. The Ordinance requires review of the following items for the AOP: 1. The operating conditions of the previous year and conditions required by the CUP 2. Proposed operating conditions and any variation from the previous year 3. Results of the annual inspection by the City This review evaluates the request for an AOP based on the Conditional Use Permit, the City's Ordinance, and the materials submitted by the Applicant that describe the proposed operating conditions and Reclamation Plan. CONDITIONAL USE PERMIT REQUIREMENTS The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Dresel Contracting, Inc. on May 20, 2008. The CUP included a number of conditions to be completed within 60 days of the approval of the CUP, including submission of the application for the Annual Operating Permit. Some additional conditions were included that did not include a date for completion. The items required to be completed, and Dresel's performance, include the following: Condition Deadline Specified Status in CUP 1. Comply with CUP Ongoing In process 2. Updated copy of CUP July 20, 2008 Provided August 28, 2008 application and materials 3. Comply with rules and Ongoing In process regulations 4. Permits from CMSCWD None specified Received July 10, 2008 5. Installation of Monitoring Wells July 20, 2008 Installed in May, 2008 6. Revise Proposed Conditions July 20, 2008 Elevation proposed by applicant. LBG Plan pit elevations recommends that the minimum mining excavation at the Dresel site be 922 feet-amsl, ensuring three feet of separation between the floor of the mine and the water table surface during high water table conditions. 7. Ground Water Monitoring Plan July 20, 2008 Provided to City on August 28, 2008. LBG reviewed the plan and provided comments on Sept. 10. Additional changes were made Scandia Planning Commission Page 3 October 27, 2008 Dresel Contracting, Inc., AOP for Mining Condition Deadline Specified Status in CUP by Dresel and resubmitted on October 7. LBG comments on revised plan are included below. 8. Revise site plan to include index July 20, 2008 Provided to City on August 28, 2008 wells 9. Identify bench mark elevation July 20, 2008 Has been established at top of well casing MW- 1 10. Ground Water Analysis - DRO None specified Samples will be analyzed for DRO. No & GRO gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. 11. Signage on 218th and roadway ongoing Final signage to be complete the week of cleaning October 27. Roadway cleaning will be ongoing during operations in 2009. 12. Truck cleaning Ongoing Applicant addressed the issue in the AOP application 13. Delineate northern wetland None specified Wetland report and delineation completed. Buffer marked by September 15, 2008 14-17. Updated Reclamation Plan July 20, 2008 Submitted to the City on August 28, 2008 18. Letter of Credit/Security None specified Applicant indicated in letter of October 7 that it will be provided under separate cover to the City. 19. AOP application July 20, 2008 Completed August 22, 2008 Evaluation of Performance The table indicates that Dresel has been more than a month late in addressing some of the conditions that were included in the Conditional Use Permit. These items include submission of the Ground Water Monitoring Plan and updated Reclamation Plan. These items are significant elements that need to be evaluated before the Annual Operating Permit can be issued. It is critical that the Applicant comply with the CUP and be accountable for meeting deadlines set by the City. OPERATING CONDITIONS - EVALUATION FOR AOP Site Operations- Background Information The site includes two parcels. The western parcel is 40 acres in size, and 31 acres are proposed for mining. This parcel is owned by Dresel. The eastern parcel includes 17 acres, and 5 of these acres are proposed to be mined. The eastern parcel is owned by Franklin and Marcella Roth. The total site area is 57 acres, and 35 of these are proposed for inclusion within the active mining limits. The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; and reclamation activities. The overburden is removed from areas to be mined, and stockpiled on the site for use in Scandia Planning Commission Page 4 October 27, 2008 Dresel Contracting, Inc., AOP for Mining reclamation activities. The Applicant indicates that the site usually operates on a seasonal basis from mid- April to mid-November, depending on weather conditions. The Phase la mining area and north boundary of the Dresel Site is adjacent to the Tiller Corporation Mining sites. As the two sites are mined, the Dresel and Tiller excavation areas will be joined across the boundary to form one large mining pit area. The site has some existing berms at the site entry, and wooded areas on the northwest and northeast corners of the site. The proposed Phase 3 mining area is adjacent two wetlands on the site. No additional screening is proposed. Annual Activity The application generally includes the data required by the Ordinance regarding annual activity on the site. It notes the following: The amount of material removed from the site in 2007: 20,000 cy Amount of add-rock brought onto the site in 2007: 0 cy Amount of recycled asphalt and concrete brought to the site in 2007: 0 cy Backfilling in southeast area of site 2007 Area (acres of reclamation not indicated) Average number of trips to and from the site per day 2007: Not provided The application states that the types and size of operations in 2008 and 2009 are expected to be similar to activities in years prior to 2007. The CUP application indicated that the amount of material mined varied substantially on an annual basis, from 0-100,000 cubic yards per year. Future activity is estimated as follows: • 20,000-50,000 cy to removed in 2008 • 0-50,000 cy in 2009, depending on the market for aggregate Mining in 2008 will occur along the common boundary with the Tiller Corporation mining operation, and in the eastern portion of the site. The application includes a site plan as required in the Ordinance that shows areas of operation and reclamation. Setbacks The application indicates that the site setbacks include the following: • 50 feet from an adjoining property line • 200 feet from an existing occupied structure • 100 feet from contiguous properties subdivided into residential lots • 100 feet from any road right-of-way • 0' from the common boundary with the Tiller Corporation mining site to the north The setbacks meet the requirements of Ordinance No. 103. Scandia Planning Commission Page 5 October 27, 2008 Dresel Contracting, Inc., AOP for Mining Fencing The site is fenced with 3-strand wire fencing except along the common border with Tiller Corporation, and has a locked metal gate at the entrance. This meets the requirements of the City's Ordinance. Hours of Operation The application indicates that the site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays, and that prior permission will be obtained from the City to operate at other times. This meets the requirements of the City's Ordinance. Screening The site is screened with a buffer area on the west and a screening berm along 218th Street North. An additional berm may be added at the northwest corner of the property in 2008. The CUP did not require additional screening. Dust Control The application indicates that the location of processing areas, berms, and perimeter vegetation control the dust from mining operations. The CUP required that the Applicant keep 218th Street North free of dirt and debris caused by trucks hauling between the access and Lofton Avenue. The Applicant indicated that loose material will be cleaned from the trucks and their tires before they leave the facility. Noise The application should be revised to indicate that all activities will be conducted to be in accordance with all Federal, State, and City noise standards, rather than County noise standards. Depth of Excavation The application indicates that excavation will not be conducted within three feet above the water table. The AOP application did not respond to the conditions of the CUP, which requires that: • Within 60 days of the approval of the CUP, the Applicant shall install at least three monitoring wells in the aquifer. The requirements for the wells are detailed in the CUP, and proposed installation should be reviewed by LBG. • LBG shall review and evaluate the ground water monitoring data gathered from the monitoring wells, establish the depth to ground water, and recommend the depth of excavation at the site. • Based on the depth established by LBG, the Application shall revise the Proposed Conditions Mining Plan to raise the pit bottom elevations to at least three (3) feet above the water table elevation. The Planner requested additional information from the Applicant related to the CUP conditions. The Applicant's Engineer provided additional information on August 28, indicating the following: Scandia Planning Commission Page 6 October 27, 2008 • Dresel Contracting, Inc., AOP for Mining • The Applicant installed the required wells in 2008 which were reviewed by LBG. • Dresel has not mined below the lowest point in the mine that existed at the time that the CUP was issued (928' above mean sea level [msl]) • Water level data subsequently collected from the new monitoring wells installed in 2008 indicates that the water table varies from approximately 917-918 feet above msl under the site. The Mining and Reclamation Plan, Figure C3, was revised as required in the CUP to reflect a final elevation of at least 3' above the water table. • LBG recommends a minimum mining excavation elevation at the Dresel site of 922 feet- amsl. This elevation should ensure three feet of separation remains between the floor of the mine and the water table surface during high water table conditions. This elevation was established by evaluating the Dresel water level measurement data and comparing these to historical groundwater level data on the tiller site and from a DNR observation well in the area. Site Clearance The Applicant indicates that vegetative material removed during site clearance or other activities will be disposed of by logging or chipping. The logged materials will be used for lumber or firewood, and chipped materials will be used as mulch, bio-fuel, or other approved uses. The Applicant anticipates that the area near the common mining border will be cleared in 2008. The Ordinance requires that the City determine whether these methods are approved for site clearance activities as part of the AOP. The methods are consistent with the City's Ordinance Appearance/Condition The Applicant notes that equipment at the site is maintained and weeds are controlled on reclamation areas to maintain the appearance of the site. A site visit by the City in 2008 noted that the appearance of most of the site met the requirements of the Ordinance. Two areas of concern were identified: • Steep slope areas where material had been excavated, and trees and topsoil had slumped into the site. The Applicant indicated that these areas would be restored, and activities would be controlled to prevent erosion and slumping in the future. • The reclaimed areas along 218th Street North were badly eroded, and required repair and reseeding. This problem was identified at the site visit in 2008, and the Applicant indicated that actions would be taken to repair the erosion and stabilize the slopes. Actions to address the erosion issues and assure successful reclamation should be included in the 2008-9 reclamation activities. Sanitary Facilities Adequate sanitary facilities are provided at the site to meet the requirements of the City's Ordinance. Scandia Planning Commission Page 7 October 27, 2008 Dresel Contracting, Inc., AOP for Mining Waste Disposal The application should be revised to indicate that waste disposal is managed in accord with Federal, State and City requirements, rather than County requirements. The Applicant revised the Application to incorporate this change. Ground Water Monitoring Plan and Monitoring Activities The Conditional Use Permit required that the Applicant shall submit a detailed plan for ground water monitoring and protocols to the City for approval and review by LBG within 60 days of the adoption of the CUP resolution. This plan was completed by August 28, 2008, and sent to the City. The plan is being reviewed by LBG and comments will be provided to the City for review of the AOP. LBG provided comments to the Applicant on the Groundwater Monitoring Plan on September 10. The Applicant revised and resubmitted the plan on October 7. Most of LBG's comments were addressed in the revised plan. However, the Applicant needs to address the following final comments from LBG on the revised plan as monitoring activities occur during 2009: 1. Monitoring Well Network, Page 4, second paragraph: This section requires clarification regarding the use of"sampling" versus "monitoring" terminology. For consistency purposes and to avoid confusion with "sampling" versus "monitoring" (since the latter may refer to water-level measurements only), the text should be revised to state "monitoring will occur/ be conducted" rather than "sampling will occur/ be conducted", since sampling is only done on an annual basis and not three times per year. 2. Baseline Monitoring Results: LBG recommends that the Tiller and Dresel monitoring result be included in one submittal since these wells will be monitored together and the operations are adjacent to one another. 3. Please submit future monitoring results under separate cover and not with the Plan. Fuel and Chemical Storage The application indicates that there is no permanent fuel storage and no chemical storage on the site. Contingency Response Plan The application includes a general description of activities that will occur in the event of a leak or spill. The Applicant does not describe training for employees related to spill response, and has not submitted a Contingency Response Plan to the City and its Fire Department. These activities are required by the City's Ordinance. The Applicant provided copies of the Contingency Response Plan to the City and Fire Department on October 7. Scandia Planning Commission Page 8 October 27, 2008 Dresel Contracting, Inc., AOP for Mining Processing The application describes the location and operation of processing equipment. The location and operation meet the requirements of the City's Ordinance. Trucking Operations The application describes the trucking operations and haul routes at the site. The CUP requires that the Applicant provide supplemental signage below the existing"truck hauling" signs on 218th Street to indicate the approximate number of feet between the sign and the site access point. The CUP also requires that the Applicant keep 218th Street North free of dirt and debris caused by trucks hauling between the access and Lofton Avenue. The Applicant indicates that loose material will be cleaned from the trucks and tires before they leave the facility. The Applicant indicated that the required signage will be posted by September 5, 2008. Reclamation Plan The Application indicates that backfilling occurred along the southern property boundary in 2007. No specific reclamation is planned for 2008. Stripped material from the common border area with the Tiller operation may be used to continue backfilling in the southeast areas of the site in 2008 if excess overburden in generated by the stripping activities. The Applicant submitted a Reclamation Plan with the CUP application. The CUP conditions required Dresel to submit an updated Reclamation Plan. The updated plan was submitted on August 28, 2008. The proposed Reclamation Plan includes backfilling to create slopes up to a maximum 4:1 gradient, adding topsoil, seeding, and mulching. The Reclamation Plan does not address the erosion problems occurring in the existing reclaimed areas along the south border of the site that were noted in the site visit. The revised Reclamation Plan submitted on October 7 indicates that the areas previously restored that are experiencing erosion will be repaired in 2008-09. Additional Provisions Additional provisions required in the CUP are discussed in the CUP Requirements section. SITE VISIT The City's Planning Commission and staff completed a site visit to the Dresel Mining Operation in spring, 2008. Additional inspections and site photos were completed by City staff and consultants during the review of the CUP. Issues that were identified in the site visits were addressed in the conditions included in the CUP. Scandia Planning Commission Page 9 October 27, 2008 Dresel Contracting, Inc., AOP for Mining ACTION REQUESTED: The City Council can: 1. Approve the AOP; 2. Approve the AOP with conditions; 3. Deny the application if it is found that the request is not consistent with the Comprehensive Plan, CUP, AOP Criteria, and Mining Ordinance, and is not in the best interest of the community; 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the Annual Operating Permit for Dresel Contracting with the following conditions: 1. The Applicant shall address the following groundwater monitoring requirements during the 2009 monitoring season: • The Applicant shall clarify the Monitoring Well Network section as follows: — For consistency purposes and to avoid confusion with"sampling"versus "monitoring" (since the later may refer to water-level measurements only), the text should be revised to state "monitoring will occur/be conducted" rather than"sampling will occur/be conducted", since sampling is only done on an annual basis and not three times per year. • The Applicant shall submit monitoring results in a single submittal with the adjacent Tiller Corporation mining operation, since these wells will be monitored together and the operations are adjacent to one another. • The Applicant shall submit future monitoring results under separate cover rather than with the Plan. 2. The minimum imining excavation elevation at the Dresel site be 922 feet-amsl. 3. Applicant shall provide the required Letter of Credit or other security to the City. ACTION REQUESTED: Staff request that the Council review this Report and approve the AOP for Dresel Contracting on November 5. Kirsten Pauly, PE/PG, Principal Virra ._ Brian Mundstock, PE, Principal Mike Kettler, PE, Principal Consulting Civil Engineers October 7, 2008 Sherri Buss City of Scandia Planner TKDA 444 Cedar Street Suite 1500 Saint Paul, MN 551010-2140 Re: Dresel Contracting Please find the additional information requested for the Dresel Contracting site per your September 11, 2008 staff report. 1. Revised application indicating that the mining operation will meet City Ordinance Requirements as specified in staff review. Attached is a revised AOP application. 2. Revised Reclamation Plan indicating that eroded areas on south slope will be repaired in 2008-2009. A revised Reclamation Plan is attached. 3. Revised Groundwater monitoring plan to address LBG comments A revised Groundwater Monitoring Plan is attached. 4. Contingency Response Plan to be submitted to City and Fire Department. The contingency response plan is attached and has also been submitted directly to the Fire Department. 5. Applicant provides required letter of credit or other security to the City. The security will be submitted to the City under separate cover. Due to arrangements between Dresel Contracting and Tiller Corporation, the security will be provided by Tiller Corporation. Sunde Engineering, PLLC. 10830 Nesbitt Avenue South • Bloomington, Minnesota 55437-3100 Phone: (952) 881-3344 • Fax: (952) 881-1913 • E-Mail: info@sundecivil.com If you have any further questions, please do not hesitate to give me a call. Sincerely, Kirsten Pauly, PE/PG SUNDE ENGINEERING, PLLC Attachments cc: Josh Dresel APPLICATION FOR ANNUAL OPERATORS PERMIT DRESEL CONTRACTING, INC. SAND AND GRAVEL MINING OPERATION CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA I. INTRODUCTION The following Annual Operators Permit application is submitted on behalf of Dresel Contracting, Inc. (Dresel) in compliance with the City of Scandia's Ordinance No. 103 and Chapter 4, Section 6, of the Development Code: Mining and Related Activities Regulations adopted by the City of Scandia on August 28, 2007. Dresel operates a gravel mining and processing operation within the City of Scandia. The site has been actively mined since the late 1960's. Prior to the incorporation of Scandia in 2006, New Scandia Township and Washington County were the permitting authorities. Permitted activities include the removal and processing of aggregate and the recycling of concrete and asphalt. II. ANNUAL REPORT A. Operating Conditions The site operates in accordance with operating conditions regulated by Section 7 of the Scandia Ordinance 103. 1. Setbacks: No mining, stockpiling or land disturbance activities, with the exception of berming and visual screening, take place within the setback areas. Minimum setback areas are maintained as follows: • 50 feet from an adjoining property line • 200 feet from an occupied structure existing on May 20, 2008. • 100 feet from any contiguous property subdivided into residential lots of 5 acres or less • 100 feet from any road right-of-way. • 0' along common mining boundary to the north. 2. Fencing: The site is fenced with 3 strand wire fencing except along the common mining border. There is a locking metal gate at the entrance to the site. 3. Hours of operation: The site is operated from 7:00 a.m. to 7:00 p.m. Monday through Friday except holidays. If operations are required Revised 9-29-08 1/5 beyond the 7:00 a.m. to 7:00 p.m. hours, or on Saturdays, Sundays or holidays, prior permission will be obtained from the City of Scandia in accordance with procedures set forth in Ordinance No. 103. Extended hours were not requested in 2007 and are not anticipated in 2008. 4. Screening: There is buffer area to the west at the active mining area and a screening berm along 218th Street N. No additional screening activities are planned for 2008. 5. Dust control: Processing areas are located at elevations lower than the surrounding terrain in order to minimize windborne dust leaving the site. Screening berms and perimeter vegetation also minimize dust leaving the site. 6. Noise: All activities are conducted so as to be in accordance with all Federal, State and City noise standards. 7. Depth of excavation: Excavation will not be conducted deeper than 928 feet above mean sea level. 8. Site clearance: Trees, stumps, roots and other vegetative material removed during site clearance or other activities will be disposed of by logging and/or chipping. Logged material will be used for lumber or firewood. Chipped material will be used as mulch, bio-fuel at approved facilities, erosion control devices or other approved utilizations. It is anticipated that the area near the common mining border will be cleared in 2008. 9. Appearance/condition: All buildings, plants and equipment at the site are maintained in a neat condition. Weeds and other unsightly or noxious vegetation are controlled as necessary to preserve the appearance of the reclaimed areas. 10. Sanitary Facilities: Portable sanitary facilities are provided in the operating area. 11. Waste Disposal: Waste generated from the operation is disposed of in accordance with Federal, State and City requirements. 12. Water Quality Monitoring: A plan for groundwater monitoring has been developed in conjunction with the monitoring wells placed in the spring of 2008. The groundwater monitoring plan has been submitted to the city and their hydrologist for review and approval. 13. Fuel and Chemical Storage: There is no permanent fuel storage and no chemical storage on site. Revised 9-29-08 2/5 14. Contingency Response Plan: In the event of a fuel leak or spill, immediate action will be taken. If the spill or leak is active, measures will be taken to control or stop the spill. Available on-site equipment (loaders, dozers) will be used to contain and recover the spill. Additional cleanup equipment and personnel will be called in for assistance as necessary. 15. Added Provisions: The operator will comply with other such reasonable requirements that the City may find necessary to adopt for the protection of health, safety and welfare and/or prevention of nuisance. 16. Processing: The site operates permanent processing equipment in accordance with all Federal State and City air and water quality and noise standards. Processing equipment is screened from view from other properties and adjacent roads. Crushing equipment is placed on the floor of the facility and setbacks per Ordinance No. 103 are maintained between the processing equipment and the property lines. 17. Recycling: Recycling at the facility meets all applicable standards contained in Section 7.1 (1) of Ordinance No, 103. The stockpile of material to be recycled does not exceed the volume of material that can be processed in two consecutive mining seasons. 18. Trucking Operations: The site has access to 218th Street North, about 800 feet west of County Road 1 (Lofton Avenue). Lofton and 218th are paved. Trucks are loaded so as to comply with state law. Loose material is cleaned from the trucks and tires before the leaving the facility. A truck hauling sign with distance to entrance has been installed on 218th Street. 19. Asphalt Plants and Ready-mix plants: There are no hot-mix asphalt or ready-mix plants operated at this facility. B. Annual Activity 1. Amount of material removed from the site in 2007: 20,000 cy 2. Amount of add-rock brought onto the site in 2007: 0 cy 3. Amount of recycled asphalt in 2007: 0 cy 4. Area reclaimed and type of reclamation in 2007: Backfilling occurred along the southern property line east of the haul road in 2007. Revised 9-29-08 3/5 5. Average number of trips hauling material to and from the site per day for the season in 2007: 8 6. Any changes made to the site: Essentially the site saw very little mining activity in 2007, just some reclamation activity along the southern boundary. Mining activity in the northern portion of the site along the common mining border and in the very easternmost portion of the site is anticipated in 2008. C. Description of operating conditions planned for the coming year: 1. During the 2008 mining season, the site will continue to operate as it has in the past. The mining operation includes the removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling, and recycling of concrete and asphalt products. Portable crushing and screening plants are brought to the site periodically and material is excavated, processed, and stockpiled. Mining activity in the northern portion of the site along the common mining border and in the very easternmost portion of the site is anticipated in 2008. 2. Site Plan: A site plan is attached which illustrates the areas planned to be mined in 2008, the stockpile and processing area, and reclaimed areas. 3. Aerial Photo: An aerial photo is attached which illustrates the areas planned to be mined in 2008, the stockpile and processing area and reclaimed areas. 4. Reclamation: No specific areas of reclamation are planned for 2008. Areas previously restored that have experienced erosion will be repaired in 2008 -2009. If stripping along the common mining border generates excess overburden, this material may be used to continue backfilling and sloping in the southeastern portion of the site. 5. Operating conditions for 2008: Active mining will occur predominantly in the areas indicated on the site plan. The common mining border between the Tiller site and Dresel site will be mined. D. Inspection: The City inspected the site in conjunction with the CUP permitting process in the spring of 2008. Revised 9-29-08 4/5 III. CERTIFICATION I certify that the plans, specifications or reports for the above described facility were prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 7 Kirsten Pauly Date: September 29, 2008 Reg. No. 21842 Revised 9-29-08 5/5 _�� SLOPES WILL�BE E � O V _ j�� A��, �I, ,�� i MAXIMUM SLOPE C \� � ��` y �A��-A � f�� 3. PRIOR TO PLACING \ _ � /D �� % SOIL BY TILLING TI �\ �_ \_-- AT LEAST 12 INCH PROVIDE A WELL F �� \\` -- '�� - ��_,�/ SURFACE TEXTURE. ' ' ��_� 1 V %/ SUBGRADE, 4" OF �� A�, � � ��_ �� r �i �i SUITABLE AS TOPS �� ` A / �� OVER THE RESTOR �s ' \�1�� ,', / \ / AREAS WILL THEN �� _�� 11 �'�\��V��/ l �� -� MULCHED TO ESTA ® — \" / (((u-,,, 4. IN AREAS TO BE = �' V ��u,/, ��V� SEED MIXTURE E01 \�i , , ,�-_ __ 350. APPLY SEEC lam_ Q1 = ��` - �-- \\ \ 84.5 LBS PER ACf -� `, MNDOT STANDARD �l i�� ,`� INCORPORATE A FE �v�,� �, �i/ �i', � �:� TYPE WITH 10 WEI . 0 _ `.`\ �'// i' �!/� (/' OF 23-0-30 (%N I I I \ AT AN APPLICATIOP V C /l .y I' 1 , , �� \ ACRE BY DISKING �� - �� ESTABLISH NATIVE A � ��J) / // ACCORDANCE WITH \\\ 2575.3. LIGHTLY ;�-�i A1 -mot \ \/ ` \ �_� 5 — GROUNDWATER CONTOUR FROM SITE FOLLOWING TI i ��•�� ® ��\ \\� WATER LEVEL MEASUREMENTS PACK THE SITE FC �� _Jr > \�� A �-- TAKEN August 7, 2008. ORDER TO ENSURE ��, /� \� _ � A � - — 5. COMPLY WITH THE � �� ' \��,, MNDOT STANDARD - FOR SEASON OF F �� \�� \' �� ► MIXTURES. THE A �� , i% �• SPRING SEEDING P \ _ 7 ✓ -- --J- THROUGH JULY 2C I CO \\\� � N �/ /L.�� / I ARE FROM SEPTEti � �� , �_\ �( �� - ti ( 20. DORMANT SE �N \ �;� _ j -� OCTOBER 20 TO t ° � <> \ \\\�\, �� / \ \ _ SEEDING WILL ONL N ``\ - \ MAXIMUM SOIL TEN �'� v /. �I V AVA� �� \ OF 1 INCH DOES '( \\ i(� i� • �� / DEGREES F IN ORI �) '��`�r= 'Q 1 /iO �\ , � j' I ::TI:EASPI �' 6. ,� z IA ,4 �� , •�1 �. �5�� \V �� SEEDS: PREVENT \ , V /oil O / , . ESTABLISHMENT, M i �, �� - J - , fL. 17 TO FIVE YEARS IN ,ss1`/ • \ ' DEAD PLANT MATEI �� 1 :� SEED. \�� Q ,iI 7. ERODED AREAS ON l� \\� Z I OF THE SOUTHERN 26�� //� \�� I REPAIRED IN 2008 Mw-I 917.65 \ \ $ 1� 421 _ ,_‘ ‘-''‘' ''' \_-;Ar\I-\83i._ _)77; \\:1161::.‘,1111111::_ /(,,Ifl, --,-/-2/=117, I - - l I v - %/i I V v `� ,' ,� ( ,. 1 /1 I 1 I „ . J �A� GROUNDWATER MONITORING PLAN DRESEL CONTRACTING, INC. SCANDIA, MN Introduction Groundwater is a valuable resource that can be used as the source of drinking water by area residents. Additionally, groundwater interacts with, and plays an important role in sustaining, several high value surface water resources within the region. Protection of the quantity and quality of groundwater resources is vital and it is everyone's responsibility. This groundwater monitoring plan has been developed to provide a monitoring well network that will enable an evaluation of water quality and quantity over time as mining activity progresses through the site in accordance with the approved plans. Groundwater Monitoring History: Prior to the issuance of the 2008 CUP, there were no groundwater monitoring requirements for this site. Monitoring Well Network: The Conditional Use Permit granted by the City of Scandia (Resolution No. 05-20- 08-02) required three monitoring wells to be installed in the sand and gravel water table aquifer. This includes a monitoring well shared with Tiller (PZ-4) which serves as a down gradient water quality monitoring point for the Dresel site. PZ-4 is located on Tiller's property. The two other wells, MW-1 and MW-2, are located on the Dresel property and were installed for the purposes of monitoring water levels and general groundwater flow directions over time. All three wells were installed in May 2008. Figure 1 illustrates the location of the monitoring well network, water levels, potentiometric flow lines, and mining limits. Table 1 indicates the wells, top of casing elevations, and water level data from June 9, 2008. Well logs for MW-1, MW-2, and PZ-4 are included in Attachment 1. All water level data available to date, including the water level data for the Tiller monitoring wells is included as Attachment 2. Water levels collected during the first three months of monitoring indicate a fluctuation of water level of only 0.5 ft. Long term, larger ground water fluctuations could be possible. If future water level monitoring indicates a significant change in flow direction, the monitoring well network will be reevaluated at that time. TILLER/DRESEL SITES SCANDIA, MN PZ-6 913.28 PRODUCTI PZ-3 91 4.514e 914.57 HOT-MIX IMF-� L-J SCALE HOUSE WELL PLANT AND 500 0 500 IDOO MINING REFUELING ARE LIMITS` A ' \\\ SCALE IN FEET PROPOSED P • PZ-5 g16 915.68 916.13 TILLER CORPORATION DRESEL CONTRACTING,INC. COMMON MINING / BORDER 9I1 MW-1 MW-2 917.54 917.48 FIGURE 1 - MONITORING WELL NETWORK WITH WATER TABLE ELEVATIONS AND GROUNDWATER CONTOURS BASED ON READINGS FROM September 16, 2008 Table 1 MONITORING WELL DATA Well ID* Top of Casing Depth to Water Groundwater (TOC) Elevation Elevation PZ-4 928.86 12.87 915.99 MW-1 932.58 15.14 917.44 MW-2 929.96 12.45 917.51 Monitoring Schedule: Upon approval of the groundwater monitoring plan, monitoring will be conducted according to the following schedule. Spring sampling will occur sometime within late April — May, summer sampling will be conducted sometime within June-August and fall sampling will occur sometime within September — October. Annual sampling will occur during the active mining season. Monitoring wells on the Dresel property will occur on the same day as monitoring of the Tiller wells. A baseline monitoring event, including depth to ground water level measurements of all wells and sampling water quality of was conducted in September 20089, prior to mining into the water table on the Tiller site. Well ID Parameter Frequency PZ-4 DRO Annual MW-1 Water Level Spring/Summer/Fall MW-2 Water Level Spring/Summer/Fall PZ-4 Water Level Spring/Summer/Fall If operating conditions change to include the storage of gasoline on the site, GRO and benzene will be added to the sampling parameter list for PZ-4. Sampling Protocol Sampling protocol as prepared by Pace Analytical (Pace) is included as Attachment 3. Pace will be collecting and analyzing the water quality samples. Tiller personnel will be collecting the water level measurements. All of the wells within the monitoring network are sampled using submersible pumps as described in section 2.4.1 of the attached sampling protocol. Results Sampling results will be submitted to the City on an annual basis in conjunction with the annual report. The report will include previous years' data and will be in a 3 revised 9-29-08 spreadsheet or graph form to facilitate identifying trends in water quality. In addition, ground water level data will be submitted tri-annually as soon as possible after the data has been tabulated. All sampling field data sheets and laboratory reports will be included in the report. Results will be reviewed for any indication of impacts to water quality or quantity as a result of mining. It should be noted that fluctuations in groundwater levels can be expected in response to climatic conditions. If significant fluctuations are observed, a review of surrounding observation wells finished in the same aquifer will be made to help evaluate the observations and correlate any trends seen in the facility's water levels with regional trends. 4 revised 9-29-08 BM B RAU N Attachment 1 Monitoring well Logs I NTE RTEC Piezometer Field Data Sheet Client Tiller Project SP-08-02059 Location Scandia Piezo Number MW-1 Piezo Location See site map Date of Installation 5/14/08 B.M. Location and Elevation(±0.01') Crew Matt Takada/Paul Bernier Stick up 2.5' Bumper Post: Protective Cover: 4"x4"x7'wood Type 6"Steel Top of protective casing ,p I 4"x4"x7'black Length 7' capped steel Lock Yes Top of riser pipe elev. (w/o cap) Ground surface elevation Riser Pipe: Type PVC Depth to bottom of surface seal 4' � Diameter 2" Total length 10' Sections used Couplings Flush Thread \ Cap Yes Type of Grout Material Bentonite Grout Amount of material used 151bs Type of Seal Material Bentonite Chips Approx.water level before installation 12.5' Amt.of material used(Ib) 251bs Approx.depth to first water IR! encountered in drilling 12.5 Type of Filter Material Red Flint Sand#40 Amt.Of material used(Ib) 1501bs =7: Screen: Depth to top of seal 6' Type PVC Depth to bottom of seal 7' Slot Size 010 Depth to top of screen 8' Length 10' Depth to bottom of screen 18' Diameter 2" Depth to bottom of boring 18' Plug/Point Plug Method of Advance: HSA 41/4" ID Remarks: Casing ID Tricone ID Completed by: Matt Takada 6M B RAU N I NTE RTEC Piezometer Field Data Sheet Client Tiller Project SP-08-02059 Location Scandia Piezo Number MW-2 Piezo Location See site map Date of Installation 5/14/08 B.M.Location and Elevation(±0.01') Crew Matt Takada/Paul Bernier Stickup 2.5' Bumper Post: Protective Cover: 4"x4"x7'wood Type 6"Steel Top of protective casing ! 4"x4"x7'black Length 7' capped steel Lock Yes Top of riser pipe elev. (w/o cap) Ground surface elevation Riser Pipe: Type PVC Depth to bottom of surface seal 4' � Diameter 2" Total length 10' Sections used 1 Couplings Flush Thread Cap Yes Type of Grout Material Bentonite Grout Amount of material used 151bs Type of Seal Material Bentonite Chips • Approx.water level before installation 12.5' Amt.of material used(Ib) 25Ibs Approx.depth to first water \�\\ encountered in drilling 12' Type of Filter Material Red Flint Sand#40 0 a Amt.Of material used(Ib) 150lbs 0 Screen: Depth to top of seal 7' \ Type PVC Depth to bottom of seal 8' \ o1 Slot Size .010 Depth to top of screen 9' Length 10' Depth to bottom of screen 19' Diameter 2" Depth to bottom of boring 19' Plug/Point PVC Point Method of Advance: BSA 4'/" ID Remarks: Casing ID Tricone ID Completed by: Matt Takada BN B RAU N I N T E RT E C Piezometer Field Data Sheet Client Tiller Project SP-08-02059 Location Scandia Piezo Number PZ-4 Piezo Location See site map Date of Installation 5/20/08 B.M. Location and Elevation(±0.01') Crew Matt Takada/Brian Kammermeier Stick up 3' Bumper Post: Protective Cover: 4"x4"x7'wood Type 6"Steel Top of protective casing 4=, 4"x4"x7'black Length 7' _ capped steel Lock Yes Top of riser pipe elev. (w/o cap) [ E 5 Ground surface elevation Riser Pipe: \ ./ Type PVC Depth to bottom of surface seal 4' V� � j I �� Diameter 2" f , i c.//i//, Total length 10' Sections used 1 @ 10'&1 @ 2' ' Couplings Flush Thread Cap Yes Type of Grout Material Bentonite Grout Amount of material used 151bs Type of Seal Material Bentonite Chips Approx.water level before installation 12.5' Amt.of material used(lb) 251bs Approx.depth to first water encountered in drilling 12.5' Type of Filter Material Red Flint Sand#40 Amt.Of material used(lb) 1501bs Screen: Depth to top of seal 7' Type PVC Depth to bottom of seal 8' Slot Size .010 Depth to top of screen 9' Length 10' Depth to bottom of screen 19' Diameter 2" Depth to bottom of boring 19' Plug/Point Plug Method of Advance: HSA 41/2" ID Remarks: Casing ID Tricone ID Completed by: Matt Takada MW-4 9/29/08 ATTACHMENT 2 Ground Water Elevations Tiller/Dresel Production Well PZ-3 Top of Casing (TOC) Ei 943.18 Top of Casing (TOC) E 952.33 Ground- Ground- Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc) (feet) Date (ft btoc) (feet) 6-Sep-06 27.31 915.87 6-Sep-06 36.43 915.90 2-May-07 28.12 915.06 2-May-07 37.22 915.11 13-Jun-07 28.33 914.85 13-Jun-07 37.42 914.91 19-Jul-07 28.41 914.77 19-Jul-07 37.51 914.82 11-Sep-07 28.58 914.60 11-Sep-07 37.69 914.64 11-Oct-07 28.54 914.64 11-Oct-07 37.65 914.68 8-Nov-07 28.48 914.70 8-Nov-07 37.59 914.74 12-Dec-07 28.70 914.48 12-Dec-07 NM -- 9-Jan-08 28.88 914.30 9-Jan-08 NM -- 22-Feb-08 29.02 914.16 22-Feb-08 38.15 914.18 28-Mar-08 29.11 914.07 28-Mar-08 38.22 914.11 6-May-08 28.92 914.26 6-May-08 38.02 914.31 14-May-08 28.89 914.29 14-May-08 37.99 914.34 9-Jun-08 28.74 914.44 9-Jun-08 37.83 914.50 9-Jul-08 28.64 914.54 9-Jul-08 37.75 914.58 7-Aug-08 28.58 914.60 7-Aug-08 37.68 914.65 16-Sep-08 28.67 914.51 16-Sep-08 37.76 914.57 PZ-4 PZ-5 Top of Casing (TOC) El 928.86 Top of Casing (TOC) E 985.76 Ground- Ground- Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc) (feet) Date (ft btoc) (feet) 20-May-08 70.38 915.38 9-Jun-08 12.87 915.99 9-Jun-08, 70.23 915.53 9-Jul-08 12.73 916.13 9-Jul-08 70.08 915.68 7-Aug-08 12.66 916.20 7-Aug-08 69.96 915.80 16-Sep-08 12.80 916.06 16-Sep-08 69.95 915.81 PZ-6 Top of Casing (TOC) EI 957.93 Ground- Depth to water Water Elevation Date (ft btoc) (feet) 16-Sep-08 44.65 913.28 9/29/08 MW-1 MW-2 Top of Casing (TOC) EE 932.58 Top of Casing (TOC) E 929.96 Ground- Ground- Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc) (feet) Date (ft btoc) (feet) 14-May-08 15.29 917.29 14-May-08 12.59 917.37 9-Jun-08 15.14 917.44 9-Jun-08 12.45 917.51 9-Jul-08 15.03 917.55 9-Jul-08 12.35 917.61 7-Aug-08 14.98 917.60 7-Aug-08 12.31 917.65 16-Sep-08 15.10 917.48 16-Sep-08 12.42 917.54 NM = Not Measured (due to obstruction) ft btoc = Feet Below Top Of Casing ATTACHMENT 3 SAMPLING PROTOCOL 1.0 DECONTAMINATION Equipment used to collect samples must be decontaminated before use. These procedures are applicable to most sampling equipment components; refer to manufacturer specifications for compatibility concerns. Pace FSD uses certified clean sample containers. Cleaning of sample containers is not necessary if sample is collected directly into new, certified sample container for desired analyte. 1.1 Drinking Water Decontamination 1.1.1 Sampling for Inorganic Analytes Note: the following procedure may be preceded by a vigorous flushing of hot tap water to remove gross amounts of contamination as necessary. 1. Soak and scrub components in hot tap water containing laboratory grade soap. 2. Triple rinse with hot tap water. 3. Final rinse with deionized (DI) water 4. Drain or allow components to air dry when possible. 1.1.2 Sampling for Semi-Volatile Organic Analytes 1. Remove any gross visible contamination by scrubbing and flushing with hot tap water. 2. Soak and scrub components in hot tap water containing laboratory grade soap. 3. Triple rinse with hot tap water. 4. Triple rinse with DI water. 5. Rinse with acetone or methanol. 6. Optional final rinse with methylene chloride. 7. Wrap cleaned equipment in aluminum foil shiny side out. 1.1.3 Sampling for Volatile Organic Analytes 1. Remove any gross visible contamination by scrubbing and flushing with hot tap water. 2. Soak and scrub components in hot tap water containing laboratory grade soap. 3. Triple rinse with hot tap water. 4. Triple rinse with DI water. 5. Place components in oven for a minimum of 1 hour at 105°C or greater. 6. Wrap component in aluminum foil shiny side out. 1.2 Groundwater Decontamination All pumps used to obtain groundwater samples will be decontaminated before use in the field. New or dedicated pump tubing will be used for each sampling location. Dedicated tubing will be stored between sampling events in a sealed, chemically inert plastic bag labeled with the site location. Pump bladders may be dedicated in this same manner. Take appropriate measures to minimize potential contamination during transport and handling of sampling equipment. Avoid introducing surface or ambient air contamination into monitoring well. Permanently installed sampling equipment is exempt from decontamination procedures. Field cleaning procedures will be performed on equipment used at multiple sampling locations to minimize cross-contamination. 1.2.1 Pump Decontamination Before Field Use 1. Scrub and flush pump exterior with laboratory grade soap and hot tap water. 2. Fill tank with hot tap water containing laboratory grade soap. 3. Place pump in tank and pump approximately 10 gallons through pump. 4. Fill tank with DI water. 5. Place pump in tank and pump approximately 10 gallons through pump. 1.2.2 Pump Cleaning Onsite 1. Scrub and flush pump exterior with laboratory grade soap and water. 2. Rinse pump exterior with DI water. 3. Place pump in DI tank and pump approximately 1 gallon of DI water through pump. 1.2.3 Bailer A bailer may be used to obtain water samples from difficult to access sample points. Bailers consist of a tube with a one-way check valve at the bottom. Bailers are made in various styles, materials, lengths and widths. Water fills the bailer as it is lowered into the source. The check value closes to contain the sample as it is retrieved. Minimize disturbance of water by gently lowering the bailer into the sample point. Allow the bailer to fill under its own weight. Keep bailer away from sides and bottom of sample point. Contact with surfaces may disturb particulate matter biasing the water sample. After it fills, use a smooth motion to slowly retrieve the bailer. Stainless Steel Bailer Decontamination 1. Remove any gross visible contamination by scrubbing and flushing with hot tap water. 2. Soak and scrub components in hot tap water containing laboratory grade soap. 3. Triple rinse with hot tap water. 4. Triple rinse with DI water. 5. Place components in oven for a minimum of 1 hour at 105°C or greater. 6. Wrap component in aluminum foil shiny side out. 2.0 Stabilization A representative sample of groundwater formation is collected by purging stagnant water from the well prior to sample collection. The purging process includes determining the volume of water in the well casing, purging stagnant water from the well, and monitoring this purged water for water quality indicator parameters. Static water level, the level of water in an undisturbed well, and total well depth are measured and recorded for all wells. The static water level is measured and recorded before purging and after sampling at each well. Total well depth may already be established and provided on the client data sheet, client sampling plan, or Pace proposal. If total well depth is not predetermined, use a water level indicator to obtain measurements. Static water level and total well depth determine the well purging volume and identify the proper intake depth during purging and sampling procedures. They may also be used to identify the direction of groundwater flow. To establish a measurement for water levels, a minimum of two water level measurements are taken with values agreeing within 0.01 foot. 2.1 Water Level Determination Procedure 1. Hold the water level meter vertically above the well case opening and take all measurements from the point marked at the top of the well casing. The tape should not rub against the top of the casing as it is lowered and raised; cover any sharp edges to protect tape if necessary. 2. Thoroughly rinse probe with DI water and perform sensitivity calibration. Setting the meter's sensitivity will avoid false triggering. a. Turn instrument on using the ON/SENSITIVITY switch. b. Lower probe into well. The light and buzzer will activate when the probe contacts the water surface. c. With the probe still in contact with the water, turn the ON/SENSITIVITY dial counter-clockwise until the light/buzzer turns off. Then turn the dial clockwise until the light/buzzer barely activates. 3. Determine the static water level. a. Slowly lower the water level indicator probe down into the well until the indicator light comes on and/or the buzzer sounds. Dip the probe in and out of the water several times to confirm the exact point at which the probe is hitting the water. b. Take reading from the tape at the appropriate reference point. Measure a second time to confirm initial measurement. Measurements should agree within 0.01 foot. Take additional readings if necessary. c. Record static water level to the nearest 0.01 foot (meters x 3.281 = feet) on the Field Data Log Sheet. 4. Determine the total well depth, if necessary. a. Lower probe into the well until it hits the bottom and take reading from the appropriate reference point. Measure a second time to confirm initial measurement. Measurements should agree within 0.01 foot. Take additional readings if necessary. b. Record total well depth to the nearest 0.01 foot (meters x 3.281 = feet) on the Field Data Log Sheet. c. After completing required measurements, rewind the tape being careful not to rub it against the casing. 5. Clean meter after use at each well. a. For static water level and total well depth measurements, wash probe with soapy water and thoroughly rinse with DI water. b. Additionally, after total well depth measurement, wipe any tape having contacted well water with a DI soaked tissue, or equivalent, while reeling in tape. 2.2 Well Volume Determination Determine the well volume for the purging process using static water level, total well depth, and well diameter measurements. Water column length is found by subtracting the static water level from the total well depth. Water Column length (ft) = Well Depth (ft) (-) Static Water Level (ft) Water column length is then multiplied by the well diameter multiplication factor to obtain the well water volume. Refer to the Bore Volume Chart (Figure IV) to determine the water volume within circular well casings. Well Volume (gal) = Water Column length (ft) (x) Well Diameter Multiplication Factor 2.3 Water Quality Indicator Parameters (WQIP) Water quality indicator parameters (WQIP) are monitored to determine when formation water has been reached during the purging process. WQIP are measured after each water column volume or partial volume, depending on project specifications, is purged. Purged water is directed through a flow cell to minimize changes in temperature, pressure, and influences of outside elements while WQIP are measured. The client data sheet, client sampling plan, or Pace proposal will specify the parameters and frequency of measurement in determining well stabilization for a given sampling location. Turbidity and ORP measurements are generally not WQIP, although these parameters may be measured in the field per client request or project objectives. Monitor WQIP carefully to keep purging to a minimum. Excessive purging may damage the monitored zone. A well is presumed to be ready for sample collection when at least three successive readings for each WQIP are observed to vary less than the following criteria, unless otherwise specified by project objectives: • pH: +/- 0.1 units • Temp: +/- 0.5°C • Specific Conductance: +/- 5% • Dissolved Oxygen: +/- 0.5mg/L 2.4 Well Purging Purging is the process of removing stagnant water from a well before sampling, which then allows a representative groundwater sample to be collected from the adjacent formation water flowing into the well. Typically, purging is completed immediately before sample collection, although samples are acceptable if collected within 24 hours of purging. Project specifications may require sampling to occur within a set time after the purging process. All attempts will be made to avoid purging wells to dryness. Excessive purging can increase or decrease the contaminant concentrations that would otherwise be found in a representative sample from a well. Monitor the static water level throughout the purging process to track drawdown and assist in flow rate adjustments. Reduce pump rate to avoid pumping the well dry and to ensure stabilization criteria are achieved when possible. For a well that has been purged dry, it is assumed recharge water is fresh from the groundwater formation. Under ideal conditions, a well that has been purged to dryness is permitted to recover 100% before sample collection. At a minimum, let a well recharge for a period of time sufficient to allow an adequate water volume to return for the desired sampling parameters. Check the recharge of the well using a water level meter until a sufficient depth is measured to ensure a sufficient amount of water is in the well before sampling. If the recharge time is relatively long (> 1 hour), it is up to the discretion of the technician and client as to whether sampling proceeds. 2.4.1 Pump Procedure 1. Start purging well by withdrawing water from desired depth using appropriate purging procedure for project objectives and well conditions. Use a purge rate dictated by project's sampling plan; if a rate is not indicated, use a purge rate that will minimize drawdown while allowing a reasonable purge time. Check the water level during purging to track drawdown; adjust the pump depth as necessary if the water level drops. 2. Measure and record the purge rate using a bucket and stopwatch. a. Collect the purging discharge into a bucket with volumetric markings for a timed interval (15 seconds, 30 seconds, 1 minute). b. Determine the purge rate in gallons per minute, or equivalent units, by multiplying the set length of time and the volume collected in the bucket. 3. Inspect flow cell to ensure proper sealing. Connect discharge line to the intake point of the flow cell. Maintain discharge through flow cell(s) at a continuous and steady rate. 4. Immerse applicable field analytical probes into flow cell(s) to measure stabilization criteria. Allow probes to equilibrate for approximately 5 minutes before taking readings. 5. Remove one well volume or partial well volume. 6. Record WQIP readings on appropriate data sheet. 7. Continue purging until another well volume or partial well volume has been removed. 8. Record WQIP on appropriate data sheet. 9. Continue process until 3 or more consecutive measurements within the specified target stabilization criteria are obtained. If stabilization criteria has not been met after the removal of 5 water column volumes, contact project administrator or client for approval to collect sample. Clearly document that stabilization was not achieved if sampling is to proceed. 10. Collect required samples. 2.4.2 Bailer Procedure 1. Anchor desired line or set-up surveyor's tripod and down rigger reel above the center of the well casing. 2. Connect bailer to line or down rigger cable. 3. Keep bailer and line away from sides and bottom of well. Contact with these surfaces may disturb particulate matter biasing the sample. Minimize disturbance and aeration of water by gently lowering the bailer into the sampling point; avoid splashing bailer into water. 4. Allow bailer to fill under its own weight. 5. Slowly withdraw bailer from the well using a smooth, steady motion. 6. Measure and record each volume removed by pouring sample into clean, unpreserved container. Perform stabilization readings as specified by project objectives. 7. Once stabilization criteria have been met, collect required samples. 3.0 Sample Collection Analytical parameters required for sampling are based on regulatory requirements and site history. These analytical parameters are specified on a project's client data sheet, client sampling plan, or Pace proposal. Samples will be collected in a manner that minimizes potential contamination. A new pair of gloves will be worn at each sampling location and changed after contact with possible contaminants. If vehicles or generators are running during sample collection, containers will be filled upwind from exhaust sources. 3.1 Groundwater Procedure 1. After well stabilization is achieved and documented, complete necessary information on sample labels and adhere to appropriate sample containers. 2. If provided, use the sample rate specified by project's sampling plan. If not provided, the sample rate will be the same as the rate used during the final stage of purging. Sample rate is lowered significantly when sampling for VOCs to approximately 100 mL per minute. 3. Remove discharge line from flow cell maintaining a continuous discharge and collect required QA/QC samples. 4. Collect field samples in the following order if applicable, unless otherwise specified. Do not overfill preserved sample bottles. i. VOCs ii. Metals iii. SVOCs iv. TOC v. TOX vi. Phenols vii. Nitrogen series viii. Cyanide ix. General Parameters 5. Log all samples on chain of custody. 6. Samples requiring thermal preservation are to be placed in cooler with ice to obtain appropriate cooling temperature specified by parameter preservation requirements. 7. After all samples have been collected, measure and record the static water level to the nearest 0.01 foot. 8. Complete relevant paperwork for sampled well. 9. Thoroughly clean all equipment to be used on additional wells before moving to next location. 10. Review project scope to confirm all requirements have been fulfilled before leaving the site. 3.2 Surface Water Procedure Using a Pond/Pole Sampler A pond/pole sampler is a simple sampling device used for collecting liquids and slurries from sampling points that are difficult to access. A pond/pole sampler consists of a glass or plastic sample container or transfer device secured to an aluminum, fiberglass, or PVC pole. The pole is typically telescoping or available in multiple sections for extending reach. All sampling should proceed from the area of lowest expected target analyte concentration to the area of highest expected concentration. Sampling Procedure 1. Assemble sampler by securing sample container or transfer device into the holding mechanism. 2. Turn sampler so the mouth of the sample container or transfer device faces down, and insert into waste stream. 3. Turn sample container/transfer device right side up when the desired sampling depth is reached. Allow container to fill. 4. Raise pond sampler and cap sample container or transfer liquid to the appropriate sample bottle. 3.3 Tap Water Procedure / Grab Samples 1. Sample point should be prior to any water conditioning devices such as water softeners or filters. 2. Remove screens from end of faucet when possible. 3. Open tap and purge for a minimum of one minute. Collect sample directly into appropriate sample containers. Avoid overfilling. Dresel Contracting Contingency Response Plan Dresel Contracting operates an aggregate mining facility in Scandia, MN. Periodically, diesel fuel is stored on-site when portable processing equipment is operating at the site or a loader or other equipment is operating on site. Diesel fuel is stored in accordance with MPCA regulations. In the event of a fuel leak or spill, immediate action will be taken. If the spill or leak is active, measures will be taken to control or stop the spill. Available on-site equipment (loaders, dozers) will be used to contain and recover the spill. Additional cleanup equipment and personnel will be called in for assistance as necessary. A spill that consists of five gallons or more requires that the MPCA State Duty Officer be immediately notified at 651 649-5451. Cleanup will occur in cooperation with the Minnesota Pollution Control Agency. The major causes of potential spills are: 1. Spills during transfer operations 2. Tank overflows. Employee training includes the following topics: Spill prevention (no overtopping of tanks), good housekeeping, material management practices, procedures to follow in the event of a spill, fire or explosion, proper operation procedures for emergency equipment and waste handling. Dresel Contracting is responsible for overseeing this plan: Bruce A. Dresel Dresel Contracting, Inc. 24044 July Avenue Chisago City, MN 55013 __-: --.- ----,-,j LB MEMORANDUM G TO: Sherri Buss, TKDA FROM: Dave Hume, LBG CC: DATE: October 30, 2008 RE: Review Comments - Groundwater Monitoring Plan, Revised (10/7/08) Dresel Contracting, Sand and Gravel Mining and Processing,Scandia,MN The purpose of this memorandum is to provide TKDA with Leggette, Brashears & Graham's (LBG) comments and recommendations from our review of the Dresel Contracting, Inc's revised Groundwater Monitoring Plan(Plan). 1. Monitoring Well Network,Page 4, second paragraph: a. This section requires clarification regarding the use of "sampling" versus "monitoring"terminology.For consistency purposes and to avoid confusion with "sampling" versus "monitoring" (since the later may refer to water-level measurements only), the text should be revised to state"monitoring will occur/ be conducted"rather than"sampling will occur/be conducted",since sampling is only done on an annual basis and not three times per year. 2. Baseline Monitoring Results: a. LBG recommends that the Tiller and Dresel monitoring result be included in one submittal since these wells will be monitored together and the operations are adjacent to one another. b. Please submit monitoring results under separate cover and not with the Plan. 3. LBG Recommendations a. At this time, LBG recommends Dresel's Plan be approved with the items above addressed; however, if the MPCA's requires further action regarding the DRO detections at Tiller, modifications to the this Plan may be necessary. b. LBG recommends a minimum mining excavation elevation at the Dresel site of 922 feet-amsl. This elevation should ensure three feet of separation remains between the floor of the mine and the water table surface during high water table conditions. This elevation was established by evaluating the Dresel water level measurement data and comparing these to historical groundwater level data on the Tiller site and from a DNR observation well in the area. K.\n-z\Scandia\I4059012\does\comes\memos\Dresel REVISED monitoring plan review memo 10.30.08.doc LEGGETTE, BRASHEARS & GRAHAM, INC. 5 , ) T KDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Tiller Corporation -Annual Anne Hurlburt, City Administrator Operating Permit Application for a Copies To: Mike Caron, Tiller Corporation Mining and Processing Operation Kirsten Pauly, Sunde Engineering City of Scandia, Minnesota From: Sherri Buss, R.L.A. Proj. No.: 14059.013 Date: October 27, 2008 Routing: SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit Application for a Mining and Processing Operation MEETING DATE: November 5, 2008 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 120-DAY PERIOD: December 29, 2008 ZONING: Agricultural District ITEMS REVIEWED: Application, Plans and Related Submittals Updates and information added to this memo after the September 16 Council meeting are identified in bold type. BRIEF DESCRIPTION OF THE REQUEST: The Application is for an Annual Operating Permit(AOP) for an existing sand and gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and has operated under a Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities included the mining and processing of aggregate, the production of hot-mix asphalt, and the recycling of concrete and asphalt products. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 30 each year, so that permits can be approved before the start of the mining season in that year. Based on the CUP schedule completed in 2008, the application cycle is early this year for the 2009 mining season. The applications submitted in August, 2008 will be used for the 2009 mining An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Scandia Planning Commission Page 2 October 28, 2008 Tiller Corporation AOP for Mining season. The AOP's would run through December 31, 2009. Mine operators will submit their applications for the 2010 season by January 30, 2010. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Mining and Related Activities Regulations. The Ordinance requires review of the following items for the AOP: 1) The operating conditions of the previous year and conditions required by the CUP 2) Proposed operating conditions and any variation from the previous year 3) Results of the annual inspection by the City. The City Council reviewed this application on September 16, 2008. The Council determined that additional information was needed from the Applicant to complete the review. The sections that follow analyze the Application and supplemental materials that the Applicant submitted at the City's request. CONDITIONAL USE PERMIT REQUIREMENTS The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Tiller Corporation on May 20, 2008. The CUP included a number of conditions to be completed within 60 days of the approval of the CUP, including submission of the application for the Annual Operating Permit. Some additional conditions were included that did not include a date for completion. The items required to be completed, and Tiller's performance, include the following: Condition Deadline Specified Status in CUP 1. Comply with CUP Ongoing In process 2. Comply with rules and Ongoing In process regulations 3. Updated copy of July 20, 2008 Provided on August 28, 2008 Application 4. Permits from CMSCWD None specified Received July 10, 2008 5. Installation of three July 20, 2008 Two new wells were installed in May, 2008, and Monitoring Wells monitored completed to determine the location of the 3rd well. Tiller proposed the location of the third well to LBG on August 28. LBG reviewed, and recommended a revision in the location. Tiller concurred with LBG's proposal on August 28, 2008. The third monitoring well was installed on September 11, 2008. Information about the well is included in the revised Groundwater Monitoring Plan. 6. Ground Water Monitoring July 20, 2008 Provided to City on August 28, 2008. LBG Plan reviewed the revised plan and provided comments Scandia Planning Commission Page 3 October 28, 2008 Tiller Corporation AOP for Mining Condition Deadline Specified Status in CUP on September 9, 2008. Tiller updated the plan to include LBG's comments and resubmitted the plan on October 7. LBG's final comments are included in this memo. 7. Excavation below water May not begin Excavation into the water table has not begun. Water table before August 20 level data has been submitted and LBG is reviewing and review by LBG the data. Excavation below the water table may begin when all issues LBG has identified related to the Groundwater Monitoring Plan have been addressed and the AOP is approved. 8. Production well records July 20, 2008 Are being kept and are available for City review 9. Ground Water Analysis - None specified Samples will be analyzed for DRO. No gasoline is DRO & GRO stored on site. If gasoline storage is added, GRO will be analyzed. Results of initial monitoring are included in the Ground Water Monitoring Plan. This issue is discussed below. 10. Map of index well sites July 20, 2008 Figure 4 with sites was provided to the City on August 28, 2008 11. Asphalt plant setback Ongoing Applicant agrees to setback and notes that mining from lake proposed in the AOP is setback over 1,000 feet from the asphalted plant and associated structures. 12. Lake depth Ongoing Applicant agrees that excavation into the water table will not be deeper than 50 feet. 13. Truck Signage and July 20, 2008 Applicant indicated on August 28 that it is working roadway cleaning with Washington County to determine whether the County will allow truck hauling signs on Manning and Lofton. Washington County Highway Department has reviewed the site and will install a sign on Lofton Avenue and remove the sign on Manning Avenue. The County will be installing the sign based on its policies, and Tiller has no control over the schedule for completion. 14. Lofton/Hwy 97 July 20, 2008 Tiller indicates that it restricts importing add-rock Intersection from Lofton Avenue during non-daylight hours 15. Manning Ave access sign Ongoing Tiller indicates that it will post the sign by September 5, 2008. Tiller has discussed issues related to access roads with trucking company and no additional complaints have been received. Signage issues have been coordinated with Washington County and the County will post the signs. Scandia Planning Commission Page 4 October 28, 2008 Tiller Corporation AOP for Mining Condition Deadline Specified Status in CUP 16-19. Updated Reclamation July 20, 2008 Submitted to the City on August 28, 2008 Plan 20. Letter of Credit/Security None specified Letter of October 7, 2008 indicates that the security will be provided to the City in a separate letter. 21. AOP application submittal July 20, 2008 Completed August 22, 2008. Additional materials submitted on October 7. Evaluation of Performance The table indicates that Tiller Corporation has been more than a month late in addressing many of the conditions included in the Conditional Use Permit. These items include installation of the new monitoring wells, completion of the Ground Water Monitoring Plan, installation of the truck hauling signs, and updated Reclamation Plan. These items are significant elements that need to be evaluated or completed before the Annual Operating Permit can be issued. It is critical that the Applicant comply with the CUP and be accountable for meeting deadlines set by the City. OPERATING CONDITIONS- EVALUATION FOR THE AOP Site Operations-Background Information The site includes several parcels. The total site area is 395 acres, and 155 of these are proposed for mining and reclamation. The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the production of hot-mix asphalt and reclamation activities. The overburden is removed from areas to be mined, and stockpiled on the site for use in reclamation activities. The Applicant indicates that the site usually operates on a seasonal basis from mid-April to mid-November, depending on weather conditions. The Applicant indicates that there are three phases of mining remaining at the site. Mining will occur both above groundwater and into the groundwater in each of these phases. The Applicant indicates that due to the variable nature of the aggregate deposit, it is necessary to mine above and below the groundwater concurrently in order to obtain the proper blend of aggregates. Mining into the groundwater will occur for the first time under the new permit. This activity has been described in the previous mining plans for this site, and was evaluated in the Environmental Assessment Worksheets completed for the Tiller site in 1987 and 1999, but has not been implemented in previous mining phases. The asphalt plant at the site is equipped with a baghouse air pollutant collection device, and operates under a Minnesota Pollution Control Agency(MPCA) Air Emissions Permit. Storage tanks as the site (for fuel and asphalt cement) are regulated by the MPCA. The main access route to and from the site are Manning Avenue (County Road 15) and Lofton Avenue (County Road 1). Both Manning and Lofton and are paved. The haul road from Manning Avenue is paved through the site to the hot-mix asphalt plant and loading area. Scandia Planning Commission Page 5 October 28, 2008 Tiller Corporation AOP for Mining Annual Activity The application generally includes the data required by the ordinance regarding annual activity on the site. It notes the following: The amount of material removed from the site in 2007: 582,000 cy Amount of add-rock brought onto the site in 2007: 50,000 cy Amount of recycled asphalt and concrete brought to the site in 2007: 25,000 cy Backfilling, sloping and seeding in the western area Noted on map (acres of reclamation not indicated) Average number of trips leaving the site per day: 240 trips The application also describes the activities proposed at the site in 2008. The types and size of operations in 2008 are expected to be similar to activities in previous years. The significant change in operations will be excavation into the water table beginning in the fall of 2008. Under the CUP, mining into the water table cannot begin sooner than 90 days after the installation of the new monitoring wells. Prior to beginning this activity,the water level data collected during the summer of 2008 must be submitted to the City and LBG for review and approval. Applicant submitted its Ground Water Monitoring Plan and Report to the City and LBG on August 28. LBG is reviewing the information provided by the Applicant, and will provide comments to the City for review of the AOP application. Ground Water Monitoring Plan and Monitoring Issues Tiller provided a Groundwater Monitoring Plan for review on August 28, 2008. LBG, the City's groundwater consultant, reviewed the plan, and provided comments to the City and Tiller on September 9. The comments requested revisions to the sections of the plan that discuss the monitoring well network, monitoring schedule, sampling protocols and results, and figures. Tiller revised the plan as requested in the LBG memo, and submitted the revised Groundwater Monitoring Plan on October 7, 2008. LBG reviewed the revised plan, and provided additional comments. LBG's review of the monitoring results submitted with the initial plan on August 28 indicated that Diesel Range Organics (DRO's) were detected in the samples from one of the monitoring wells, at a level that requires reporting to the MPCA. The presence of DRO's at this level may indicate a spill issue. Dave Hume, LBG's hydrogeologist, contacted Tiller and the MPCA to ask if the agency had been notified by Tiller. MPCA staff and Tiller's Engineer indicated that the monitoring results had not been reported. Tiller reported the results to the MPCA on October 20. The Report Number is 99422. LBG recommended another round of sampling from these wells as soon as possible. The additional sampling will help to determine whether the presence of DRO is an ongoing issue or was the result of laboratory error, background contamination, or a single event. The MPCA concurred with this approach informally, and will provide additional guidance on next steps. Tiller indicated that the wells would be sampled again on October 23 and 24, and results will be provided to LBG and the City as soon as possible. Tiller has notified the MPCA that another round of groundwater samples would Scandia Planning Commission Page 6 October 28, 2008 Tiller Corporation AOP for Mining be collected and the results would be reported as soon as possible. The MPCA will make a decision at that time on what actions, if any, need to be taken. The MPCA will contact LBG upon receipt of the results. This issue is addressed in LBG's comments #4, 5, and 6, below. LBG's comments on the revised groundwater monitoring plan include the following: 1. Monitoring Well Network, Page 4, second paragraph: This section requires clarification regarding the use of"sampling"versus"monitoring"terminology. For consistency purposes and to avoid confusion with "sampling"versus"monitoring" (since the later may refer to water-level measurements only), the text should be revised to state"monitoring will occur/be conducted"rather than "sampling will occur/be conducted", since sampling is only done on an annual basis and not three times per year. 2. Baseline Monitoring Results: LBG recommends that the Tiller and Dresel monitoring result be included in one submittal since these wells will be monitored together and the operations are adjacent to one another. 3. Baseline Monitoring Results: The baseline monitoring results from the June, Aug, and Sept 2008 monitoring event (including Attachment 4) and all subsequent sampling event results should be submitted under separate cover and removed from the Monitoring Plan document. 4. Baseline Monitoring Results: Tiller should verify with the lab to confirm that the DRO detections in the samples were not from laboratory error of background contamination. 5. Baseline Monitoring Results: LBG contacted Tiller to determine if the MPCA was notified regarding the detection in the June and August 2008 monitoring events. The MPCA had not been notified, but was contacted on October 21,2008. The MPCA Reporting No. is 99422. 6. Baseline Monitoring Results: Because two consecutive rounds of sampling from PZ- 3 and PZ-5 detected DRO,and PAHs' were not analyzed from these samples, LBG has requested another round of samples be collected as soon as possible from these two wells to verify the previous results. Tiller notified LBG that the lab is scheduled to resample the two wells the on either Thursday or Friday, October 23 or 24, 2008. If DRO is detected in either of the wells, a PAH analysis will be run as well. Tiller will forward the results to you as soon as they are available. 7. Attachment 4: Field data sheets are provided for the 6/9/08 sampling event, but not for the 8/7 and 9/16/08 sampling events. Please provide these with the results submittal. Setbacks The application indicates that the mining operation maintains setbacks as follows: • 50 feet from the adjoining property line • 200 feet from an existing occupied structure Scandia Planning Commission Page 7 October 28, 2008 Tiller Corporation AOP for Mining • 100 feet from residential property boundaries of 5 acres or less • 100 feet from any road right-of-way • 0' along the common mining boundary with Dresel Corporation The setbacks meet the requirements of Ordinance 103. Fencing The application indicates that the majority of the site is fenced with 3-strand wire fencing, except where prohibited due to topography, heavy vegetation and wetlands. There are locking metal gates at both entrances. The fencing meets the intent of the City's Ordinance. Hours of Operation The site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays. The Applicant noted that extended hours were requested and granted in 2007, but not requested to date in 2008. Screening The application describes screening at the site, and notes that additional screening berm construction and modifications to existing berms may take place in the southern setback area during 2008. The CUP did not require additional screening in 2008. Dust Control The application indicates that the Applicant uses a water truck to control dust on unpaved portions of the site. The CUP did not require additional dust control efforts. Noise The application should be revised to indicate that the Applicant will comply with all Federal, State, and City noise standards, rather than County standards. The Applicant revised the AOP Application as requested. Depth of Excavation The Application proposes that excavation will not exceed 865 feet above mean sea level. The City's consulting hydrogeologist is reviewing the results of ground water monitoring, and will confirm whether this depth is appropriate for the site for review of the AOP application after all issues related to groundwater monitoring have been resolved. Site Clearance Site clearance will occur along the common mining border with Dresel Corporation in 2008. The City's Ordinance requires that the Applicant address the disposal of stumps, trees or other debris accumulated during clearance. The Applicant revised the Application on October 7 to include information regarding Scandia Planning Commission Page 8 October 28, 2008 Tiller Corporation AOP for Mining disposal of materials cleared along the common mining border with Dresel Corporation. The proposed disposal methods are consistent with the requirements of the CUP. Appearance/Condition The City's site visits in 2008 confirmed that the site and facilities are maintained in a neat condition. The CUP did not include conditions for improvement of the appearance or condition of the site. Sanitary Facilities The application indicates that site is served by sanitary facilities that meet the requirements of the City's Ordinance and Mine Safety and Health Administration. Waste Disposal The application was revised to indicate that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. Water Quality Monitoring The CUP required that Tiller Corporation complete a plan for groundwater monitoring within 60 days of approval of the CUP (July 20, 2008). The applicant submitted a Groundwater Monitoring Plan to the City on August 28, 2008. LBG is reviewing the plan, and will provide recommendations to the City. The additional monitoring wells required by the CUP have been placed on the site. A revised groundwater monitoring plan and record of monitoring results were submitted to the City on October 7, 2008. LBG's comments are detailed above in the section on the Ground Water Monitoring Plan and Issues, above. Fuel and Chemical Storage The application describes fuel and chemical storage at the site. The Applicant notes that these materials are stored in accord with Federal and State standards. Contingency Response Plan The application indicates that the site operates under a SPCC Plan, and that no changes to the plan have been made in 2008. A copy of the plan was submitted as part of a large document that included the Surface Water Plan and other items to the City Planner in early May, 2008. The Applicant submitted a copy of the Contingency Response Plan on October 7, 2008. Processing The application and CUP application describe the operation of permanent processing equipment on the site, and indicate that these are operated in accordance with Federal, State and City air and water quality and noise standards. The CUP requires that the asphalt plant and related structures be set back at least 100 feet from the shore of the proposed lake on the site. The Applicant indicated that the asphalt plant and related operations will be over 1,000 feet from the lake in 2008. Scandia Planning Commission Page 9 October 28, 2008 Tiller Corporation AOP for Mining Trucking Operations The application indicates that truck operations have access to County Road 15 (Maiming Avenue) and County Road 1 (Lofton Avenue), which are paved roads. The City has recently received multiple complaints that haul trucks are using 230th Street west of Maiming as a short-cut to a site to the northwest. This street is residential in character in comparison to the County Roads. Tiller contacted the trucking company that was using the local road during a specific project, and requested that they have the trucks use an alternate route. Tiller indicated that no complaints have been received at the City after the contact with the trucking company. Tiller also noted that it can suggest haul routes for its customers, but cannot prevent trucks from using public roads. Reclamation Plan The CUP required that the Applicant submit a revised Reclamation Plan within 60 days of approval of the CUP, July 20, 2008. The revised plan was received on August 28, 2008. The plan is consistent with the Reclamation Plan approved as part of the CUP. No reclamation activities are planned for 2008,but are proposed to continue in the future as mining progresses to the perimeter of the site. Additional Provisions Additional conditions required by the CUP and the Applicant's status in implementing the conditions are discussed in the section on Conditional Use Permit requirements. SITE INSPECTION The City's Planning Commission and staff completed a site visit to the Tiller Corporation Mining Operation in spring, 2008. Additional inspections and site photos were completed by City staff and consultants during the review of the CUP. Issues that were identified in the site visits were addressed in the conditions included in the CUP. ACTION REQUESTED: The City Council can: 1. Approve the AOP; 2. Approve the AOP with conditions; 3. Deny the application if it is found that the request is not consistent with the Comprehensive Plan, CUP, AOP Criteria, and Mining Ordinance, and is not in the best interest of the community; 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends tabling the request for the Annual Operating Permit for Tiller Corporation until the MPCA has provided direction regarding additional sampling or other actions to address the Scandia Planning Commission Page 10 October 28, 2008 Tiller Corporation AOP for Mining DRO detection in samples from wells PZ-3 and PZ-5, and the Applicant has indicated that it will follow the MPCA guidance. The Planner recommends the following conditions for approval of the AOP: 1. The Applicant shall address the LBG comments regarding the Ground Water Monitoring Plan and monitoring well locations, including the following: o Revise the text of the Monitoring Plan to state that"monitoring will occur/be conducted" rather than"sampling will occur/be conducted", since sampling is only done on an annual basis and not three times per year. o Coordinate the Tiller and Dresel monitoring results in one submittal since these wells will be monitored together and the operations are adjacent to one another. o Submit the results of sampling events results under separate cover from the Monitoring Plan document. o Verify with the lab to confirm that the DRO detections were not from laboratory error or background contamination. 2. The Applicant shall collect samples from monitoring wells PZ-3 and PZ-5 as directed by LBG. If DRO is detected in either of the wells, a PAH analysis shall be run as well. Tiller will forward the results of the additional sampling to the City as soon as they are available. 3. The Applicant shall implement any additional monitoring or other direction from the MPCA to address the DRO issue identified in the samples from PZ-3 and PZ-5. 4. The Applicant shall report all future issues identified in groundwater monitoring to the MPCA immediately after discovery as required by State or Federal rules. Issues identified shall also be reported to the City and to LBG. 5. The Applicant shall provide the field data sheets for the 8/7/08 and 9/16/08 sampling events to the City with the baseline monitoring results. 6. The Applicant shall provide the required Letter of Credit or other security to the City. ACTION REQUESTED: Staff request that the Council review and discuss this report on November 5. Kirsten Pauly,PE/PG,Principal -I Brian Mundstock,PE,Principal ng ne ng,ruc� Mike Kettler,PE,Principal Consulting Civil Engineers October 7, 2008 Sherri Buss City of Scandia Planner TKDA 444 Cedar Street Suite 1500 Saint Paul, MN 551010-2140 Re: Tiller Corporation Scandia Mining and Hot Mix Asphalt Operation Please find the additional information requested for the Tiller Corporation (Tiller) site per your September 11, 2008 staff report. 1. Revised application indicating that the mining operation will meet City Ordinance Requirements as specified in staff review. Attached is a revised AOP application. 2. The applicant shall dispose of materials from site clearance as described in the CUP application and include this information in future AOP applications. This applicant will dispose of materials from site clearance in accordance with the CUP application. This is also stated in the revised AOP application and will be included in future AOP applications. 3. Address LBG comments regarding the Groundwater Monitoring Plan and monitoring well locations. Attached is a revised groundwater monitoring plan which addresses LBG's comments. 4. Provide copies of the Contingency Response Plan to the City and Fire Department. The Contingency Response Plan is Tiller's Spill Prevention Control and Countermeasure Plan (SPCC Plan) which was previously submitted as an attachment to a letter dated May 1, 2008 has been condensed and summarized at the request of the City. The revised document is attached and will also be forwarded to the Scandia Fire Department. In addition, on September 17, 2008 the City's fire department and a Washington County's sheriff's deputy attended an on-site tour. The purpose of the tour was to familiarize everyone with the site; review materials stored on site and become informed about potential site hazards. Sunde Engineering, PLLC. 10830 Nesbitt Avenue South • Bloomington, Minnesota 55437-3100 Phone:(952)881-3344 • Fax:(952)881-1913 • E-Mail: info@sundecivil.com 5. Limit haul trucks to County Roads 15(Manning)and 1 (Lofton). This condition was not identified in the CUP, but is included in response to resident complaints recently received by the City indicating that haul trucks are using 230th Street west of Manning as a short cut to a site to the northwest.) The main haul routes for the site are Lofton and Manning Avenue. When local projects dictate, other haul routes may be used. Tiller was notified about the complaints and contacted the company doing the project and requested they have the trucks consider using an alternate route. City staff has informed Tiller that no complaints were received after the company doing the project was contacted. It should be noted that Tiller can suggest haul routes for its costumers but cannot prevent trucks from legally using public roads. 6. Complete installation of third monitoring well by September 15, 2008. The third monitoring well was installed on September 11, 2008. Information regarding well construction is included in the revised Groundwater Monitoring Plan that is attached. The revised Groundwater Monitoring Plan has also been forwarded to LBG. 7. Ensure that truck hauling signs that meet the County requirements are installed on Northbound Lofton Ave. Washington County Highway Department has reviewed the site and based on their criteria will be installing a sign on Lofton Avenue and removing the sign on Manning Ave. In accordance with Washington County policy, the County will be performing the work and Tiller has no control over the schedule for completion. As of October 1, 2008 the new sign was not yet installed. 8. Provide a letter of credit or other security to the City. The security will be submitted to the City under separate cover. If you have any further questions, please do not hesitate to give me a call. Sincerely, 7g * Kirsten Pauly, PE/PG SUNDE ENGINEERING, PLLC attachments cc: Mike Caron Revised 9/29/08 APPLICATION FOR ANNUAL OPERATORS PERMIT TILLER CORPORATION SAND AND GRAVEL MINING OPERATION CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA I. INTRODUCTION The following Annual Operators Permit (AOP) application is submitted on behalf of Tiller Corporation 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 operates a gravel mining and processing operation within the City of Scandia. The site has been actively mined since at least 1966. Prior to the incorporation of Scandia in 2006, New Scandia Township and Washington County were the permitting authorities. The City of Scandia issued a Conditional Use Permit for the site in the spring of 2008. II. ANNUAL REPORT A. Operating Conditions: The site operates in accordance with operating conditions regulated by Section 7 of the Scandia Ordinance 103. 1. Setbacks: No mining, stockpiling or land disturbance activities, with the exception of screening activities, are proposed to take place within the setback areas. Minimum setback areas are maintained as follows: • 50 feet from an adjoining property line • 200 feet from an occupied structure existing on May 20, 2008. • 100 feet from any contiguous property subdivided into residential lots of 5 acres or less • 100 feet from any road right-of-way. • 0' along common mining boundary to the south. 2. Fencing: The majority of the site is fenced with 3 strand wire fencing except where prohibited due to topography, heavy vegetation and wetlands. There are locking metal gates at both entrances to the site. 1/6 Revised 9/29/08 3. Hours of operation: The site is operated from 7:00 a.m. to 7:00 p.m. Monday through Friday except holidays. Extended hours may be required periodically for situations such as emergencies, accelerated work schedules or weather delays. Extended hours were requested for the MN/DOT Hwy 97 project in 2007. Extended hours have not been requested to date in 2008. If operations are required beyond the 7:00 a.m. to 7:00 p.m. hours, or on Saturdays, Sundays or holidays, prior permission will be obtained from the City of Scandia in accordance with procedures set forth in Ordinance No. 103. 4. Screening: Screening berms, wooded buffer areas and agricultural fields separate the mining activity from surrounding properties. A large number of trees have been planted in the past to screen site activities. Processing and stockpiling operations are conducted in recessed portions of the site to minimize visibility. Additional screening berm construction and modifications to existing berms may take place in the southern setback area during 2008. 5. Dust control: A water truck is used to water unpaved portions of the site to control dust. This practice will continue throughout the 2008 mining season. 6. Noise: All activities are conducted so as to be in accordance with all Federal, State and City noise standards. 7. Depth of excavation: Depth of excavation will not exceed fifty feet below the water table. 8. Site clearance: Site clearing in the common mining border area will take place in 2008. Disposal of material from site clearing activity will take place in accordance with the CUP application materials. Trees, stumps, roots and other vegetative material removed during site clearance or other activities will be disposed of by logging and/or chipping. Logged material will be used for lumber or firewood. Chipped material will be used as mulch, bio-fuel at approved facilities, erosion control devices or other approved utilizations. 9. Appearance/condition: All buildings, plants and equipment at the site are maintained in a neat condition. Weeds and other unsightly or noxious vegetation are controlled as necessary to preserve the appearance of the reclaimed areas. 10. Sanitary Facilities: The scale area is served by an individual sewage treatment system. Portable sanitary facilities are provided in the operating areas as required by the Mine Safety and Health Administration. 2/6 Revised 9/29/08 11. Waste Disposal: Waste generated from the operation is disposed of in accordance with Federal, State and City requirements. 12. Water Quality Monitoring: A plan for groundwater monitoring has been developed in conjunction with the monitoring wells placed in the spring of 2008. The groundwater monitoring plan has been submitted to the city and their hydrologist to review. 13. Fuel and Chemical Storage: All fuel and chemicals stored on site are stored in accordance with Federal and State standards. On-site fuel storage consists of a 1,000- gallon above-ground storage tank which is located within a concrete secondary containment area and a five hundred gallon above-ground double walled tank located next to the electricity generator. When production equipment is present, an additional 1,000-gallon double walled tank is brought to the site and used to fuel processing equipment. All asphalt cement storage tanks are above-ground. These tanks consist of two 40,000 gallon tanks and one 20,000 gallon tank. There is also a 20,000 gallon above-ground used oil storage tank. The used oil is used as an alternative fuel supply for the asphalt plant. All tanks are within the secondary containment area and are registered with MPCA's Storage Tank Program. MPCA Site ID 51999 is for the asphalt plant and MPCA Site ID 55016 is for the sand and gravel operation. Small amounts of chemicals utilized by the QM Lab are regulated by Washington County under United States Environmental Protection Agency (EPA) rules. EPA ID Number MND 981 953 417 has been issued for the site which is classified as a Very Small Quantity Generator. 14. Contingency Response Plan: The site operates under a SPCC Plan. No changes to the plan have been made in 2008. The SPCC Plan was submitted to the city and the fire department as part of the CUP process. 15. Added Provisions: The operator will comply with other such reasonable requirements that the City may find necessary to adopt for the protection of health, safety and welfare and/or prevention of nuisance. 16. Processing: The site operates permanent processing equipment in accordance with all Federal, State and City air and water quality and noise standards. Processing equipment is screened from view from 3/6 Revised 9/29/08 other properties and adjacent roads. Portable crushing equipment is placed on the floor of the facility and setbacks per Ordinance No. 103 are maintained between the processing equipment and the property lines. 17. Recycling: Recycling activity at the facility meets all applicable standards contained in Section 7.1 (1) of Ordinance No, 103. The estimated volume of materials recycled in 2007 was approximately 50,000 cy asphalt and 25,000 cy concrete. The stockpile of material to be recycled does not exceed the volume of material that can be processed in two consecutive operating seasons. 18. Trucking Operations: The site has access to County Road 15 (Manning Trail) and County Road 1 (Lofton Avenue). These are paved 9 ton roads. 19. Asphalt Plants: The site operates a permanent hot-mix asphalt plant and the plant was in operation at the time the City adopted its mining ordinance. Therefore the plant may expand in the future subject to the setbacks set forth in Section 7.1(1) of Ordinance No. 103. The plant operates in accordance with all Federal, State, and City air, water and noise quality standards. The site operates under an air quality permit issued by the Minnesota Pollution Control Agency. B. Annual Activity 1. Amount of material removed from the site in 2007: 582,000 cubic yards of material were removed in 2007 2. Amount of add-rock brought onto the site in 2007: Approximately 60,000 to 70,000 cubic yards of add-rock is used each year at the site. 50,000 cubic yards were brought to the site in 2007 and right now no deliveries are scheduled for 2008. 3. Amount of recycled asphalt brought to the site in 2007: 50,000 cy 4. Amount of recycled concrete brought to the site in 2007: 25,000 cy 5. Area reclaimed and type of reclamation in 2007: Reclamation activities in 2007 consisted of backfilling, sloping and seeding an area on the western limits of mining. This area is shown on the Site Plan. 6. Average number of trips hauling material to and from the site per day for the season: The average number of trucks leaving the site in 2007 was 240 4/6 Revised 9/29/08 C. Description of operating conditions planned for the coming year: 1. During the 2008 mining season, the site will continue to operate as it has in the past. The mining operation includes the removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling, and recycling of concrete and asphalt products. Portable crushing and screening plants are brought to the site periodically and material is excavated, processed, and stockpiled. Hot-mix asphalt is produced and sold throughout the construction season and add rock materials are delivered to the site as needed. Active processing will begin in August of this year and continue through the end of the mining season. The significant change in operations will be excavation into the water table beginning in the fall of 2008. Under the current CUP, mining into the water table can commence no sooner than 90 days after the installation of the monitoring wells. Prior to commencing mining into the water table, the water level data collected over the course of the summer will be submitted to the City and their hydrologist for review and approval. 2. Site Plan: A site plan is attached which illustrates the areas planned to be mined in 2008, the stockpile and processing area, and reclaimed areas. 3. Aerial Photo: An aerial photo is attached which illustrates the areas planned to be mined in 2008, the stockpile and processing area and reclaimed areas. 4. Reclamation: Reclamation activities in 2007 consisted of backfilling, sloping and seeding an area on the western limits of mining. This area is shown on the Site Plan. Reclamation activities are not planned for 2008. As mining progresses to perimeter of the mining area in the future, then reclamation consisting of sloping, backfilling and establishment of vegetation can occur. 5. Operating Conditions for 2008: Active mining will occur predominantly in the areas indicated on the site plan. The common mining border between the Tiller site and Dresel site will be mined. Mining into the groundwater will commence in October 2008 5/6 Revised 9/29/08 D. Inspection: The City inspected the site in conjunction with the CUP permitting process in the spring of 2008. III. CERTIFICATION I certify that the plans, specifications or reports for the above described facility were prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Kirsten Pauly Date: September 29, 2008 Reg. No. 21842 6/6 COMMERCIAL ASPHALT, CO. SCANDIA PLANT NO. 907 Contingency Plan for OillPetroleum Spills Spills would most likely occur during tank/container/equipment filling operations.A lesser potential could be from a drum/container rupture. In the event of any spill, cleanup equipment and personnel must be called in for assistance. The person sighting the spill should do the following: 1. Ascertain whether or not any human life is in danger. If so, take immediate action to alleviate such danger. 2. Determine whether or not the flow of oil can be stopped or controlled. If a spill can be stopped, take immediate action to do so. a) Once the spill is stopped, notify the Incident Commander(IC): Paul Schultz (763) 315-6010 (office) and (612)554-9299 (mobile) Or Wade Novak (651)433-3710 (plant)and (612)-290-2910 (mobile) b) If the spill cannot be easily stopped or controlled, notify the IC. 3. The IC will determine the continuing appropriate action to be taken. 4. The IC will notify the appropriate federal, state, and local agencies. COMMERCIAL ASPHALT, CO. SCANDIA PLANT NO. 907 Safety Procedures for Unloading Flammable Liquids From Bulk Tank Vehicles 1. All bulk deliveries should be made only between the hours of 7:00 a.m.and 7:00 p.m, Monday through Friday from April to November. 2. Smoking and operation of motorized or electrical equipment in the unloading area are strictly prohibited. 3. Upon reaching the unloading area,the tank vehicle driver shall notify the office of his presence and where he will be unloading. 4. When unloading in the fuel tank,the roadway shall be restricted to prevent excessive traffic in the unloading area. 5. Before making a delivery to the tank, the driver(operator)of the tank vehicle shall determine the unfilled capacity of the tank. To prevent overfilling, he shall not deliver in excess of that amount.A maximum fill percent of 90%of the tank volume will be used as an added precaution to prevent overfilling. 6. Tank vehicle motors shall be shut down while making or breaking hose connections. If unloading is done without the use of a power pump, the vehicle motor shall be shut down throughout such operations. 7. The driver(operator)of any tank vehicle shall not leave the vehicle while it is being unloaded. When attached to a tank vehicle, the delivery hose shall be considered a part of the vehicle. 8. The driver(operator) shall inspect all connections prior to leaving the loading area. 9. The driver(operator)of any tank vehicle shall have a free-standing extinguisher with at least a #10-BC rating within a 20-foot reach while unloading. Personnel will have a similarly rated extinguisher available if necessary. Commercial Asphalt Co. Plant#907 - Scandia Spill Prevention, Control, and Countermeasure Plan 6.0 SPILL CONTINGENCY PLAN Commercial Asphalt Co.management has determined that use of the containment and diversionary structures or readily available equipment to prevent discharged oil from reaching navigable waters, is practical and effective at this facility. However,should a release occur,the following Contingency Plan has been designed to minimize hazards to human health, welfare, and the environment from fire,explosion,or any unplanned sudden or gradual release of oil to the air,soil,or surface waters. This Contingency Plan is based upon the criteria given in the Code of Federal Regulations,Chapter 40, Part 109(40 CFR 109),Criteria for State, Local,and Regional Oil Removal Contingency Plans. However,since a full Contingency Plan is not required as determined by 40 CFR 112.7(d),not all of the provisions in 40 CFR 109 have been met. 6.1 Emergency Organization Should a petroleum release occur, the Commercial Asphalt Co. emergency organization is responsible to implement the Spill Contingency Plan. Table 3 lists key personnel in the emergency organization. Upon discovery of a spill, plant employees shall immediately notify the Spill Coordinator.The Spill Coordinator is responsible for identification of the character,source,quantity, extent, and degree of any released product. The Spill Coordinator is in charge of all oil spill response activities and has the authority and training to mobilize the appropriate personnel and equipment in the event of a spill. The Spill Coordinator must provide immediate notification and follow-up written reports to the appropriate federal, state and local agencies. 6.2 Notification In the event of a spill, the employee discovering the spill shall immediately contact the Spill Coordinator by telephone or in person. Using Table 4,the Spill Coordinator should determine if the spill is reportable to appropriate regulatory agencies. If the spill poses a threat to human health or the environment,the Spill Coordinator will notify the police,fire department,and medical personnel as needed. The Spill Coordinator should not postpone notification of appropriate agencies due to lack of complete information. 6.3 Evacuation As necessary, the Spill Coordinator should evacuate personnel, notify local authorities, advise if area control or evacuation of the surrounding community is recommended, activate emergency response personnel and equipment, and enlist outside emergency services. 5/1/70085/1/20085/1/200R5/1/2008 C:1Documents end Settings\mikeclLocal Settings\Temporary Internet Ftes10LK295\scandia 9o7.docPage 15 May 1,2008 Commercial Asphalt Co. Plant#907 -Scandia Spill Prevention, Control, and Countermeasure Plan 6.4 Emergency Equipment Commercial Asphalt Co.is equipped with a variety of emergency spill equipment,including but not limited to the following: > Fire fighting extinguishers > Absorbent pads > Spill blocker dikes > Empty barrels, rags, and shovels > Sand Emergency communications are provided by a telephone system,with portable two-way radios as backup. 6.5 Containment, Cleanup, Disposal, and Restoration The Spill Coordinator shall immediately initiate actions necessary to halt the discharge,restore the environment to the extent practicable, and minimize the harmful effects from any discharge to the air, lands, or waters of the state. These actions may include, but are not limited to, containment, cleanup, storage, transportation, disposal, restoration or replacement of plants and wildlife, and testing of the affected area. The Spill Coordinator shall keep the Minnesota Pollution Control Agency(MPCA)informed and shall secure necessary written approvals from the MPCA for specific actions,when such approvals are required by law. 6.5.1 Containment Response measures may include the use of absorbent materials or the construction of temporary dikes, swales, or berms to prohibit or control the flow of spilled materials. Absorbent materials, empty drums, and miscellaneous equipment are available on site and, in the event of spill,will be used appropriately to contain and recover spilled materials. Outside services such as earth moving equipment and crews, vacuum trucks, disposal contractors, fire departments, and hazardous material response teams may also be enlisted as necessary. Specific response measures are discussed in detail in Appendix F (American Society for Testing and Materials [ASTM] F1127-88, Standard Guide for Containment by Emergency Response Personnel of Hazardous Material Spills). 6.5.2 Outside Assistance The Spill Coordinator is responsible for notifying outside emergency response organizations in the event their services are needed.Outside assistance may be requested for traffic control,community evacuation,fire, spill control and cleanup,and medical emergencies.The Spill Coordinator is also responsible for retaining cleanup subcontractors and procuring necessary materials and equipment. 5/1/70085/1/2008SL1/70085/1/2008 C:1Documents and SettingslmdceclLocal Settings\Temporary Internet Files\OLK2951scandia 907.docPage 16 May 1,2008 Commercial Asphalt Co. Plant#907 - Scandia Spill Prevention, Control, and Countermeasure Plan 6.5.3 Cleanup, Disposal and Restoration Spill cleanup activities will be conducted under the general supervision of the Spill Coordinator.The Spill Coordinator will designate plant personnel and equipment and authorize assistance as needed. Recovered materials will be reused if possible either by returning to storage or reclaiming. Spill residues and other contaminated materials will be characterized using Material Safety Data Sheets, analysis or other available information, and disposed in accordance with applicable regulations,in a manner approved by the Spill Coordinator.Any supplies or equipment depleted or destroyed as a result of the spill or subsequent response activities will be replaced as soon as possible. Spilled material,contaminated soils and water,and other materials used in the response must be disposed or treated by reclamation, energy recovery, incineration, asphalt production, landfill, bio-site treatment, landspreading, or other approved methods. Restoration of the area affected by the spill will be completed as soon as practical. 6.6 Records The Spill Report Form and activity log in Appendix G should be used to record pertinent information during a spill event. The Spill Report Form contains most, if not all,of the information requested by federal,state,and local agencies when reporting a spill.The Spill Coordinator should keep a log of all activities during the spill event, including the nature and extent of spill, response actions, itemized expenditures, any outside assistance, the quantity and disposition of spill materials, assessment of environmental damage, contact with regulatory agencies, and any other notable events which may occur during the spill and subsequent response activities.Completed Spill Report Forms and activity logs should be maintained in the SPCC Plan. 5/1/20085/1/20085/1/20085/1/2008 C.\Documents and Settings\mikec\Local Settings\Temporary Internet Fles\0LK2951scandia 907.docPage 17 May 1,2008 , LB MEMORANDUM ille TO: Sherri Buss,TKDA FROM: Dave Hume, LBG CC: DATE: October 30, 2008 Review Comments- Groundwater Monitoring Plan,Revised (10/7/08) RE: Tiller Corporation, Sand and Gravel Mining and Processing Scandia,MN The purpose of this memorandum is to provide TKDA with Leggette, Brashears & Graham's (LBG) comments and recommendation from our review of the Tiller Corporation's revised Groundwater Monitoring Plan(Plan). Plan Comments 1. Monitoring Well Network, Page 4, second paragraph: This section requires clarification regarding the use of"sampling"versus"monitoring" terminology. For consistency purposes and to avoid confusion with"sampling"versus "monitoring" (since the later may refer to water-level measurements only), the text should be revised to state"monitoring will occur/be conducted"rather than"sampling will occur/be conducted", since sampling is only done on an annual basis and not three times per year. 2. Baseline Monitoring Results: a. LBG recommends that the Tiller and Dresel monitoring result be included in one submittal since these wells will be monitored together and the operations are adjacent to one another. b. The baseline monitoring results from the June, August, and September 2008 monitoring event (including Attachment 4) and all subsequent sample results should be submitted under separate cover and removed from the Plan. c. If not completed, Tiller should verify with the lab to confirm that the DRO detections were not from laboratory error of background contamination. LEGGETTE,BRASHEARS& GRAHAM, INC. LBG Review Comments Tiller Groundwater Monitoring Plan 2 d. Because two consecutive sample rounds from PZ-3 and PZ-5 detected DRO,and PAHs were not analyzed from these samples,LBG ask Tiller to collect a fourth round of samples as soon as possible from these two wells to verify the previous results.Tiller notified LBG that the lab was scheduled to resample the two wells the on Thursday or Friday,October 23 or 24,2008. If DRO is detected in either of the wells,a PAH analysis will be run as well. Tiller will forward the results to LBG and the City as soon as they are available. e. LBG ask Tiller if the MPCA was notified regarding the DRO detections in the June and August 2008 monitoring events. The MPCA had not been notified,but was contacted on October 21, 2008. The MPCA Reporting No. is 99422. f. LBG contacted the MPCA on October 29, 2008, to determine what action the MPCA will take at as a result of the reported DRO detections. The MPCA was notified by Tiller that another round of groundwater samples would be collected and the results would be reported as soon as possible. The MPCA will make a decision at that time on what action,if any. The MPCA will contact LBG upon receipt of the results. 3. Attachment 4: Field data sheets need to be provided for the August and September 2008 sampling events. LBG Recommendations 1. LBG does not recommend approval of the Plan until the results of the recent groundwater samples from PZ-3 and PZ-5 are available and evaluated, and the MPCA has made their decision on what action they will take, if any, regarding the DRO detections. 2. LBG also recommends that Tiller not be permitted to mine below the water table until these results are available and the MPCA has reviewed and commented on the DRO detections in groundwater. 3. If DRO is not detected in the recent samples and the MPCA requires no further any action other than monitoring, LBG does not see any issues with mining 50 feet below the water table surface as long as no mining or disturbance of the underlying bedrock occurs. S:\Tech\Scandia Aggregate\Tiller\Tiller monitoring plan review memo.doc LEGGETTE,BRASHEARS&GRAHAM,INC. Meeting Date: 11/5/2008 Agenda Item: 0 City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a utility permit for US Cable to install a CATV under Oren Ave N at 213th St N.. The CATV line would be directionally bored to cross the street in 2 locations, one on the north side of 213`h St N. and the other at the North end of the lot at 21360 Oren Ave N.. Deadline/ Timeline: NA Background: • Ordinance #39, as amended by ordinance #42, requires utility companies to secure a permit from the City prior to installation of utilities in public rights-of-way. • Utilities shall be installed to the City of Scandia's Utility/ROW requirements. Recommendation: Staff recommends that the Council approve the permit with the condition that US Cable complies with the City of Scandia's Utility/ROW requirements and pays the required permit fees. Attachments/ • Application from US Cable Materials provided: • Scandia Utility/ROW requirements Contact(s): Jerry Owens, 612-221-6455 Prepared by: Steve Thorp, Code Official (US Cable permit) Page 1 of 1 10/31/08 UTILITY PERMIT APPLICATION CITY OF SCANDIA 14727 209th Street North, PO Box 128, Scandia, MN 55073 651/433-2274 Facsimile Machine 651/433-5112 Application is hereby made for permission to place,construct and thereafter maintain the following: FEE: $50.00 Project Address(if known) I -3 44 ` r\-- C,r Q \Iv Legal Description(attach if necessary) Property ID Number Type of Utility-General Description \ / 1 C e 1- 9--Contractor Name l `Address City State Zip Phonese- 2"'2.2( 6�S 5 c 9\A \ gnc-K el 1-L4- 5 �, LTV b r17 yo 5 5 o o� Describe Work and Submit Two(2) U Copies of all Plans: S al ` / .. '` V, W VL cob Cr c935ki ©rem � ve o ) 3 /J a S S s O S 1 V 9 Q" 0 . n 11 s -- 3 j a (2_ 1' S s) 2 , U r d2 Start date: Completion date: la — 2 - off - 30 _ 0 `6 I hereby certify that I have read and will comply with all of requirements of the Scandia Development Code that apply to the activity for which I am seeking permit approval. The granting of this permit in no way permits acts which may be prohibited by other governmental agencies. 70-3a - gnature o Applicant Date _._ FOR OFFICE USE ONLY PAID Fee Paid: UL i 3 L 2008 * 50 CITY OF SCANDIA Approved by: Date: __ ArcIMS Viewer Page 1 of 1 cn c, 213E9 4, J • CI 4, 4 213E4 C r, 93 ti. 146E0 2'339 11 20 199.55 ��► ' ' �� L IS i11 JI 1V 189.36 '5 0 I 15.1 5't 150 '4t4u LI Cl eI i418U 14760 189 1 ri NrNo'r $oRI1J,€) IOC,eenon) http://www.datafinder.org/website/DF WashingtonCounty/Parcels/MapFrame.htm 10/31/2008 SCANDIA m i n n e s o t a UTILITY/RIGHT OF WAY Requirements 1) Utilities shall be installed per City of Scandia Permit requirements. 2) No driveway or roadway shall be disturbed by any installation without prior approval. Specifics of roadway repairs shall be given at the time of application. All repairs shall be done to an equal or better than MNDOT specifications for the specific roadway being disturbed. 3) Crossing of existing paved areas or permanent erosion items shall be by directional boring. Utility locates must be called in to Gopher State One Call. Any and all damage done will be required to be repaired. 4) All disturbed turf areas shall be back-filled, compacted and restored to an equal or better condition within one week of their disturbance. All existing lawn areas shall be restored with quality lawn sod. New sod shall be maintained by the utility company for 30 days, and then it becomes the responsibility of the homeowner. No seeding of existing lawn areas will be allowed. 5) All mailboxes disturbed by the utility installation must be temporarily relocated without interruption of U. S. Mail services. All temporary relocations shall be coordinated with the postmaster and affected residents prior to commencement of construction activities. 6) Any settlements that occur after restoration is completed shall be corrected by the applicant. Trenching or boring under a roadway that causes settlement will be the responsibility of the applicant to correct. 7) Traffic Control and Devices and other protective measures shall conform to MMUTCD. 8) City of Scandia may have additional requirements beyond these stated. This permit may be revoked or have additional requirements added if determined at the time of installation. Scandia utility-row requirements Meeting Date: 11/5/08 Agenda Item: ' .L , q Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Continue the public hearing on the application of Tom and Lisa Stanek for variances including lot size, setbacks and lot coverage to construct a new home on a vacant lot located at 19107 Layton Avenue. Deadline/ Timeline: Review period extended at request of applicant to November 5, 2008 Background: • The public hearing on this application was opened at the August 5, 2008 meeting and continued to the September 2 meeting. • At the September meeting, the review was extended and a subcommittee (Commissioners Ness and Schwarz, Mayor Seefeldt, Councilmember Harnetty and Administrator Hurlburt) was appointed to meet with the County staff to discuss the long- term status of the 201 collector system. Representatives of the neighborhood were invited to attend. The Committee met on September 23. A memo summarizing the conclusions of that meeting is attached. The subcommittee found that the sewer system has capacity to serve the proposed new home. Recommendation: The planner has recommended approval of the variances with findings and conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 11-05-08-XX Approving Variance Request Materials provided: • Memo from Anne Hurlburt re: Conclusions of September 23 Meeting re: "201" Community Sewage Treatment System • Excerpt of Minutes, August 5 & September 2 Planning Commission Meetings • TKDA Memorandum dated August 28, 2008 • TKDA Memorandum dated July 30, 2008 • Location Map • Survey dated July 17, 2008 • Letter from John Bower dated August 26, 2008 • Letter from David Berg dated September 1, 2008 • Revised Application Materials received August 26, 2008 Contact(s): Tom Stanek, 763 228-0333 Prepared by: Anne Hurlburt, City Administrator (stanek variance continued 2) Page 1 of 1 10/29/08 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-05-08-XX VARIANCE REQUEST FOR 19107 LAYTON AVENUE WHEREAS, Tom and Lisa Stanek have made application for variances to allow lot size of 10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and right of way setback of 15 feet located at 19107 Layton Avenue; and WHEREAS, the property is legally described as follows: Lot 6, Block 1, Holiday Beach 2nd Plat, Washington County, Minnesota; and and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 5, 2008, and continued the hearing to September 2, 2008, and has recommended approval for the variances to allow lot size of 10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and right of way setback of 15 feet; 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 approve the request of Tom and Lisa Stanek for variances to allow lot size of 10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and right of way setback of 15 feet; based on the following findings: 1) The subject property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. 2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland Overlay Districts, but the existing lot is not big enough to allow for a home that conforms to all dimensional standards. Resolution No.: 1 1-05-08-xx Page 2 of 3 3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size, lot width, OHW setback, and right of way setback standards. 4) The small size of the lot was not created by the property owner. 5) The construction of the single family home will not alter the essential character of the area. The character of the area is a single family residential neighborhood with homes ranging in size from small cabins to larger year-round homes. The proposed home is similar in scale to other homes located on small riparian lots on Big Marine Lake allowed through the variance process. 6) The proposed home is in harmony with the general purpose and intent of the Ordinance to address environmental and aesthetic concerns, and is consistent with the Comprehensive Plan guidance for protecting natural resources and scenic views. The addition of landscaping and preservation of existing vegetation where feasible protects the environment and scenic view. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the structure is generally in conformance with either site plan, Layout A or Layout B, dated August 26, 2008 and revised building plans received by the City on August 26, 2008. 2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. 3. That a landscaping plan is submitted to the City. The landscaping plan must show plantings in the side yards and between the structure and right of way to provide screening from the neighboring properties and street. The landscaping plan must include planting of native species for stormwater management, such as raingardens. The Applicant must verify with the MnDNR regarding any necessary permit before landscaping below the OHW. The landscaping plan must show that existing vegetation is maintained where feasible, exclusive of any invasive species that may be present. All standards addressing Vegetation Alterations found within the Shoreland Management regulations apply. 4. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201 system. 5. That a permit is granted from Washington County Department of Health and Environment for wastewater treatment. 6. That all fees are paid. Resolution No.: 1 l-05-08-xx Page 3 of 3 Adopted by the Scandia City Council this 5th day of Novemeber, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk i J ' h, 4 SCANDIA Memo minnesota To: Mayor and City Council Planning Commission From: Anne Hurlburt,City Administrator Date: September 26, 2008 Re: Conclusions of September 23,2008 Meeting re: "201"Community Sewage Treatment System On Tuesday, September 23,2008, a meeting was held by a subcommittee of City Council and Planning Commissioners to gather information regarding the status of the"201"community sewage treatment system serving the Bliss Additions/Holiday Beach area of the city. In attendance were Mayor Seefeldt,Council member Harnetty,Planning Commission Chair Chris Ness and Planning Commissioner Peter Schwarz. Also in attendance were Brad Bergo(19123 Layton),Doug Salmela (19091 Layton),Tom Stanek(2312 130th Ct., Blaine),Pete Ganzel (Washington County Health Dept.) and City Administrator Anne Hurlburt. Mr. Ganzel presented an overview of the history,design and function of the sewer system. Ms. Hurlburt reviewed the city's ordinances governing the system and presented her analysis of the potential for additional connections to the system. The findings and conclusions were as follows: • The system is functioning well within the design and permitted limits of the system. • At current volumes,only 4 trenches of 9 in each of the two active drainfields are being used. There is probably space available at the site for additional drainfield area. • The system experiences peaks in volumes that correspond with heavy rainfalls,when clean water infiltrates into the system. Some of this comes from water falling on the sand filters but some is probably coming from other sources,including sump pumps and other clean-water discharges at individual homes. • The engineering reports prepared by TKDA in 1994 and 2000 for the entire"201"system concluded that there is capacity in the Bliss collector system for 89 residential connections. The assumptions of these studies appear to remain valid and are probably conservative estimates of system capacity. • There have been questions raised whether or not it was expected or even allowed to connect new homes constructed after the system was installed,or if it was intended that only homes existing at that time could be connected. The TKDA studies were conducted partly for the purpose of determining capacity for additional connections. And the system on the east side of Big Marine Lake(Anderson-Erickson)was expanded to serve additional territory after the initial construction. It does not appear that there was or is any prohibition on new home connections. • There are currently 76 connections to the Bliss area system,most of which are permanent dwellings. Seventeen(17) are listed as"seasonal"for property tax purposes. • There are 5 existing homes that are adjacent to the collection system that are not currently connected. System capacity should be reserved for these homes. There is one vacant site where a home was previously connected to the system. Constructing a new home on this site would require approval of a variance. • There are two parcels that were previously denied a variance for a single home(Feb. 2000)which would be considered unbuildable at this time. There is also a vacant lot(Lot 16,Holiday Beach) owned by"Holiday Beach LLC"that would not be expected to become a building site. • Staffs analysis found 17 vacant lots(including the Stanek parcel)for which the owners could potentially request variances. This assumes that all parcels in contiguous ownership(including those separated by road right-of-way)constitute a single"lot"per the city's Zoning Ordinance and Shoreland Overlay district requirements. It is apparent that many of these lots would not be buildable due to physical factors such as dimensions or wetlands. Others may have been in contiguous ownership with other parcels after that regulation went into effect. The ownership history would need to be examined as part of a variance review. Should variances be requested for any of the vacant lots,the city would examine all of the relevant factors and would likely find grounds to deny many of them. • If the system has capacity for at least 89 connections, 76 are currently used and 5 are reserved for existing homes that have not yet connected to the system,there would be room for 8 additional connections. • The City's ordinance(Ordinance No. 108)prohibits new connections to the system for non- residential uses. Only property adjacent to the existing collector system may be connected,and only if capacity exists in the system. Since any new homes/connections will require variances, there is a procedure in place to determine that the criteria are met. • If there are concerns about capacity in the future,the city may want to consider implementing conservation measures(such as requiring low-flow plumbing fixtures)or taking measures to eliminate clear water discharges to the system (such as mandatory inspection and disconnection of sump pumps.) September 2, 2008 The Scandia Planning Commission held their regular monthly meeting on the above date. The following were in attendance: Chairman Chris Ness, Commissioners Tom Krinke, Christine Maefsky, Susan Rodsjo, Peter Schwarz and TKDA Planner Berry Farrington. Chairman Ness called the meeting to order at 7:32 p.m. APPROVAL OF AGENDA, MINUTES Commissioner Krinke, seconded by Commissioner Maefsky, moved to approve the agenda as presented. Commissioner Krinke amended the August 5, 2008 with an inclusion of comments regarding the Stanek variance. Commissioner Krinke, seconded by Commissioner Rodsjo, moved to approve the minutes as amended. The motion passed unanimously. TOM AND LISA STANEK—CONTINUED HEARING ON VARIANCES TO CONSTRUCT A NEW HOME AT 19107 LAYTON AVENUE The public hearing was continued from August 5, 2008 on the variance application for Tom and Lisa Stanek to construct a new home on a vacant lot located at 19107 Layton Avenue. The applicants submitted a plan in which the scale of the home was reduced and the impervious cover reduced to less than 25%, eliminating the need for a variance for lot coverage. Planner Berry Farrington presented the planner's report in which approval was recommended. The applicant's plans have been revised based on comments from the August meeting. The height of the structure, previously proposed at 32 feet, now measures 28.5 feet. Two layout options were submitted; Layout A having the garage on the north and Layout B having the garage on the south. There is a very small difference in lake setback between the two (58.8 feet versus 58.5 feet) so that either option could be granted to best limit grading and avoid trees as the building permit process moves forward. The applicant is working with the DNR and Watershed to develop landscaping plans with the intent of protecting water quality. The report recommends that a landscaping plan be submitted to the City. Commissioner Ness opened the hearing to the public. Dave Berg, 11110 189ih Street: Mr. Berg expressed his concerns about the negative impact this home could have on the water quality of Big Marine Lake and the limited connections into the 201 septic collector system. He is opposed to this proposal based on the precedent it could set to "shoehorn in uses in marginal lots". Doug Salmela, 19123 Layton Avenue: With input from Pete Ganzel, Washington County Department of Public Health, Mr. Salmela presented a report from the year 2000 on the 201 septic collector system in which he interpreted the findings to show a capacity for 7.6 homes remaining. Approximately four homes in the vicinity have individual drainfields, which he feels connections should be reserved for. Mr. Salmela requested that the City provide a summary analysis of usage within the next 20 years, establish a life expectancy of the 201 system and establish a plan to handle additional connection requests fairly. September 2, 2008 Scandia Planning Commission Page 2 Brad Bergo, 19123 Layton Avenue: Mr. Bergo expressed his concerns of the long-term capability of the 201 system. He questioned the reduction in lot coverage by no longer calculating the deck as impervious and stated that the County and DNR view pervious pavers as included in lot coverage. Administrator Hurlburt explained that a raised deck is not considered impervious. Planner Farrington explained that the revised plan no longer has a patio and distance of the driveway is measured from the edge of the parcel line, not from the right-of-way easement. This calculates to lot coverage of 21.4%. Mr. Bergo also had concerns of the changes to natural drainage that this structure would have, possibly leading to flooding onto his adjacent property. Overall,he is opposed to the granting of this variance based on the overall lot size variance and precedent setting nature. Mr. Bergo referenced the denial of a variance from the OHW at 19077 Layton Avenue, which required the home to be wider and taller than normal. Chairman Ness closed the public comment portion of the hearing and asked applicant Tom Stanek for comments. Mr. Stanek felt that he followed through in what he was asked to do by scaling down the size of the home and reducing lot coverage below 25%. Mr. Stanek spoke with Pete Ganzel at the County and was assured that there is capacity for a new home connection on the 201 system. Jim Shaver, Carnelian-Marine-St. Croix Administrator, added a comment that the Watershed considers a raised deck as impervious cover as a homeowner may lay a barrier underneath the deck for weed or erosion control. Councilmember Peterson relayed comments she had gotten from the city assessor in which he classifies and assesses the property as unbuildable. Pete Ganzel relayed to Councilmember Peterson that he is not in favor of allowing additional hook-ups for new construction and that the capacity of the 201 system needs to be monitored carefully. Councilmember Peterson believes the intent of the installation of the collector system was for existing homes and cabins only. Commissioner Schwarz inquired as to how and when a determination was made that the lot is unbuildable. City Attorney Hebert stated that a lot is valued as undeveloped for tax purposes only and the lot was assessed for the full value of a buildable lot when the road improvement project was undertaken in 1999. A determination that the lot is unbuildable has never been made. Commissioner Krinke inquired if a building permit was ever denied on this lot. Administrator Hurlburt answered that records indicate that there have been no applications for building on this property. Commissioner Maefsky asked if hook-ups to the 201 collector system have occurred for new construction. Administrator Hurlburt stated that there have been a couple in recent years. Commissioner Schwarz inquired about the process for granting new connections. Administrator Hurlburt answered that the ordinance limits connections to contiguous lots in previously September 2, 2008 Scandia Planning Commission Page 3 developed areas only. City Attorney added that the County issues the permits and have monitored it closely over the years. Commissioner Krinke stated that these concerns have not been successfully mitigated and would be opposed to granting variances due to the small lot size. Chairman Ness had concerns of how the calculations of lot coverage have been changed and indicated his opposition. Commissioner Schwarz stated that the law allows reasonable use of property unless determined unbuildable. Numerous variances have been granted in this neighborhood. There remains a question of debate with the County regarding the 201 septic connection and he would like assurance that it is being monitored closely; otherwise, he sees no grounds for denial. Councilmember Harnetty feels that even though the proposed structure may not be practical within the ordinance, denial may mean that future improvements in this neighborhood could also be denied. Commissioner Rodsjo felt that the large deviation from the minimum 2.5 acre lot size is an important consideration for protection of water quality. Mayor Seefeldt suggested that the review process be extended until a subcommittee meets with the County to discuss the long-term status of the 201 collector system. Staff will arrange for this meeting with the following serving on the subcommittee: Commissioners Ness and Schwarz, Mayor Seefeldt, Councilmember Harnetty and Administrator Hurlburt. A representative of the neighborhood will be invited to attend. Commissioner Schwarz, seconded by Commissioner Maefsky, moved to table the hearing for up to 60 days for the purpose of gathering additional information. The motion passed unanimously. HRIST'S HOUSEHOLD OF FAITH CHURCH AND SCHOOL—CONDITIONAL USE PERMIT FOR ADDITIONAL ANIMAL UNITS AND VARIANCE FOR ANIMAL FEEDLOT SETBACK FROM WHITE ROCK LAKE AT 19060 MANNING AVENUE NORTH Applicant David Bluhm, representing Owner Christ's Household of Faith Church and School, was present to request a Conditional Use Permit to allow the keeping of animal units in greater concentration than 1 animal unit per 2 grazable acres and also variances from the feedlot setback of 300 feet from White Rock Lake and 75 feet from a wetland. There is an existing feedlot approximately 200 feet from White Rock Lake and 20 feet from the wetland. There are currently ten horses kept in the feedlot and nearby pastures. The property owned by CHOF consists of two parcels, 21 acres on the north and 19 acres on the south. The feedlot and pastures are located on August 5, 2008 The Scandia Planning Commission held their regular monthly meeting on the above date. The following were in attendance: Chairman Chris Ness, Commissioners Tom Krinke, Susan Rodsjo, Peter Schwarz, Building Official Steve Thorp and TKDA Planner Berry Farrington. Absent: Commissioner Christine Maefsky. Chairman Ness called the meeting to order at 7:32 p.m. APPROVAL OF AGENDA, MINUTES Commissioner Krinke, seconded by Commissioner Rodsjo, moved to approve the agenda as presented and the July 1, 2008 Planning Commission minutes. The motion passed unanimously. TOM AND LISA STANEK : VARIANCES TO CONSTRUCT A NEW HOME AT 19107 LAYTON AVENUE Tom and Lisa Stanek are requesting variances to allow for construction of a new home located at 19107 Layton Avenue. The property is currently a vacant lot within the Shoreland Management District of Big Marine Lake. The property is less than a 'A-acre in size and approximately 75 feet wide. The submitted house plans propose a two-story walkout which measures 32 feet in height. The applicant provided a letter from Washington County Department of Public Health stating that the 201 wastewater treatment system has capacity to serve the home. TKDA Planner Berry Farrington presented the planner's report. In order to develop the lot as proposed, variances are needed for lot size, lot width, setback from the Ordinary High Water level (OHW), right of way setback and lot coverage exceeding 25%. A recommendation to relocate the proposed deck to the north side allows for a 47 foot OHW setback established by the house. The applicant proposes to use pervious paver systems to build the driveway,path and two patios, for a total of 12% of the site. The planner recommends that this area should not be fully excluded from the calculation of lot coverage. As the proposed house, deck and entrance pad cover 25% of the lot, a variance for excess lot coverage was also included in the request. Ms. Farrington presented findings to support conditional approval of the request. Chairman Ness opened the hearing to the public. Doug Salmela, 19091 Layton Avenue: Mr. Salmela expressed his view that the lot was classified as unbuildable and a sufficient hardship does not exist to grant this variance request. Mr. Salmela felt this would set a precedence for future variance requests. Brad Bergo, 19123 Layton Avenue: Mr. Bergo presented a petition signed by 62 neighborhood residents opposing the variance request. Among their concerns is the capacity of the 201 septic system to handle another connection. Mr. Bergo brought forth his concern about the effect a developed lot would have on the natural drainage of stormwater onto his adjacent property, possibly resulting in flooding onto his lot. Mr. Bergo concluded by stating his opposition due to lack of an existing hardship. Scandia Planning Commission August 5, 2008 Page 2 Ann Myre, 19111 Larkspur Avenue: Ms. Myre expressed her opposition, stating that the scale of the house is excessive and not consistent with the neighborhood. She felt the building of this house would detract from scenic views the residents currently have. Mike White, 13310188`h Street: Mr. White stated his view that the lot is too small to allow for a house of this size; the scale of the house is too large for the neighborhood; and the structure is too close to the lake. Jim Shaver, Carnelian-Marine-St. Croix Watershed Administrator: Mr. Shaver felt this would be a risky variance to approve as it appears to have a detrimental effect on water quality due to the high impervious surface of the proposed plans and the insufficient setback from the OHW. Commissioner Rodsjo asked Mr. Shaver for his view on pervious pavers. Mr. Shaver replied that if the paver system is not maintained, failure will occur. Jeff Dahlberg, 19151 Layton Avenue: Mr. Dahlberg felt this variance request should be denied based on the 100 foot lake setback being the requirement. Mr. Dahlberg was concerned how this structure would contribute to additional run-off into Big Marine Lake. Darlene Schueller, 19203 Layton Avenue: Ms. Schueller felt the city should strictly enforce the setbacks that are required. Liz Kramer, 19126 Layton Avenue: Ms. Kramer is opposed to this variance request. Dick Bohrer, 18849 Layton Avenue: Mr. Bohrer feels this is an unbuildable site and would have a negative effect on the capacity of the 201 septic system. Paula Marshall, 19130 Larkspur Avenue: Ms. Marshall expressed opposition due to the greater than 50% variance requests and feels the proposed house does not fit the character of the neighborhood. Ken Kopka, 18420 Norell Avenue: Mr. Kopka supports this variance request as he feels it would be an improvement to the neighborhood. Chairman Ness closed the public comment portion of the hearing. Torn Stanek, Applicant, addressed the commission with the history of lot. It was a "junk lot" when purchased five years ago and he has since cleaned it up and is requesting to further mprove on it. The neighborhood currently supports a variety of homes and Mr. Stanek feels that his house would have no problem fitting in. Mr. Stanek stated that multiple variance requests ave been approved for many lots in this area near the lake. Washington County Department of 'ublic Health has confirmed that there is sufficient capacity for hook-up into the 201 collector stem. Scandia Planning Commission August 5, 2008 Page 3 Commissioner Schwarz questioned who determined that this property is unbuildable? Attorney Hebert explained that ultimately the city can determine this when an application comes before it. Regulations change over time, allowing for changes in classification. A lot may be non- conforming, but still buildable once certain conditions are met. The property tax on a lot will adjust once a variance to allow for improvement is approved. Commissioner Rodsjo reiterated that an unbuildable classification is not concrete due to changes in rules over time. Councilmember Peterson inquired if a paving assessment to the owner was made when the road was improved. Administrator Hurlburt will look into this. Commissioner Schwarz expressed his view on variances that were approved in the past. Most were granted to lots that had existing structures on them and the improvements allowed for a better use of the property. Mr. Schwarz sees no hardship in this application as the proposed building does not meet the requirements of the lot. Consideration may be given if the lot coverage can be reduced as much as possible. Tom Herman, builder for Mr. Stanek, explained that the natural drainage areas of the lot will not be disturbed, and improvements to the drainage area are being considered. Maintenance plans are in place for the pervious paver system. Commissioner Rodsjo stated that most houses along Big Marine Lake do not conform to established setbacks and are even closer in some instances. Commissioner Rodsjo recommended that the 25% lot coverage must be met in order to protect the water quality. This could be done by replacing the patio area and establishing rock gardens within the site. Commissioner Krinke stated his concerns over the magnitude of the variance requests, as the lot size proposes a 90%variance from the 2.5 acre minimum. Mayor Seefeldt would like to see the lot coverage lowered to at least 25% and increase the OHW setback as much as possible. The obtrusiveness from the lakeside should be minimized. Councilmember Yehle felt the owner has a right to build within reason but could not support a variance to lot coverage over 25%. Yehle referenced DNR Specialist Molly Shodeen's memo regarding the DNR's concerns of the pervious paver maintenance schedule and that a small lot may not accommodate all the amenities that an owner desires. Yehle views this application as squeezing an oversized house on a small lot and that the structure should be made as conforming as possible. The commissioners were in agreement that the two-story walkout does not fit the character of the neighborhood and would appear misplaced. Councilmember Peterson voiced her agreement. Scandia Planning Commission August 5, 2008 Page 4 \...... Mayor Seefeldt suggested to the applicant that he work with the Watershed to develop a Best Management Practices plan in an effort to improve on the lake quality. The applicants were advised to resubmit plans of a reduced scale. Commissioner Schwarz, seconded by Commissioner Krinke, moved to continue the variance hearing to the September meeting. The motion passed unanimously. ROSS AND MARTA NELSON :VARIANCE TO CONSTRUCT AN ACCESSORY STRUCTURE CLOSER TO THE ROAD (RESOLUTION 08-05-08-03) Applicants Ross and Marta Nelson were present to request a variance to construct an accessory structure closer to the road right-of-way than the principal structure at 12445 235th Street. The property is 4.85 acres. TKDA Planner Berry Farrington presented the planner's report which recommended approval as there are no alternative sites on the property to locate the 1,200 square foot structure. All other regulations are met. Chairman Ness opened the hearing to the public. There were no comments and the hearing was closed. Commissioner Schwarz stated that the property is adequately screened from the road and sees no problem in granting this variance. Commissioner Schwarz, seconded by Commissioner Krinke, moved to recommend to the City Council approval of Resolution 08-05-08-03 Approving a Variance Request for 12445 235th Street. The motion passed unanimously. MARK AND COLLEEN KAISER: VARIANCE TO CONSTRUCT AN ACCESSORY STRUCTURE CLOSER TO THE ROAD (RESOLUTION 08-05-08-04) Applicants Mark and Colleen Kaiser were present to request a variance to construct an accessory structure closer to the road right-of-way than the principal structure at 14440 Old Marine Trail. The property is 5.3 acres and lies within the Hay Lake Shoreland District. TKDA Planner Berry Farrington presented the planner's report. A variance for location is required as the proposed 2,000 square foot structure does not meet Section 9.2 (2)(B) of the Zoning Ordinance that states a structure may be closer to the road than the house on lots greater than 5 acres if it is at least 200 feet from the road right-of-way. Due to the nature of the lot, the structure will be built approximately 100 feet from the right-of-way. The planner recommends approval as no alternative sites exist on the lot for placement of the structure. T KDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 fax www.tkda.com MEMORANDUM To: City Council Reference: Stanek Variance Requests Planning Commission City of Scandia, Minnesota Anne Hurlburt, Administrator Copies To: Tom and Lisa Stanek Proj. No.: 14059.006 From: Berry Farrington, AICP Scandia File Number 2008012 Date: August 28, 2008 Routing: Sherri Buss, RLA SUBJECT: Stanek Variance Requests MEETING DATE: September 2, 2008 LOCATION: 19107 Layton Avenue Scandia, Minnesota APPLICANT: Tom and Lisa Stanek ZONING: Agriculture (AG), Shoreland District 60-DAY PERIOD: September 15, 2008 ITEMS REVIEWED: Revised site plan dated August 26, 2008, Revised building elevation (street side) and floor plan BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting variances for lot size, lot width, setback from the Ordinary High Water level (OHW) of Big Marine Lake, and right of way setback. The public hearing was continued from the August 5, 2008 meeting, where the Planning Commission and City Council suggested that the Applicant revise the plans to address comments made at the hearing. Based on changes made, a variance to the lot coverage maximum is not needed. This memo notes the changes made by the Applicant. The full staff analysis may be found in the memo dated July 30, 2008. The recommended findings and conditions have been updated to reflect the changes made to the site plan and building plans. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Stanek Variance Request - Revised Plans Page 2 August 28, 2008 Scandia, Minnesota SUMMARY OF REVISED PLANS: The plans have been revised to reduce the height of the structure, reduce the lot coverage, and lengthen the setbacks from the street and OHW. The Applicant is requesting the option to later determine the specific layout of the house on the property, as shown on the two plans, Layout A and Layout B. The two layouts are essentially the same home, mirrored. Layout A has the garage on the north, and Layout B has the garage on the south. The Applicant's architect has indicated that the request for the two options, with one to be selected before receiving a building permit, is so that he can place the house on the site to best avoid trees, limit grading, and to allow him to get a more detailed survey as they move forward in the building permit process. Zoning standards do not determine a favorable layout in this case. There would not be any additional safety concerns regarding either driveway location over the other, nor any differences with regard to views from the street or lake. However, the two layouts show different setbacks from the OHW: Layout A with a setback of 58.8 feet and Layout B with a setback of 58.5 feet. Given the very small difference in setback, the Planner recommends that the City consider the variance to allow an OHW setback of 58.5 feet, the option closer to the lake, and allow that the Applicant may select either Layout A or Layout B during the building permit process. The following table summarizes the zoning requirements, previously proposed development plans, and revised plans. Standard Required Previously Proposed Revised Plans OHW 100 feet 33 feet as measured from deck 58.5 feet - variance requested setback 47 feet without deck Right of Way 40 feet 14 feet 15 feet - variance requested setback Side Yard 10 feet 10 feet 10 feet setback Lot Maximum 3,509 sf(33.9%) 2,566 sf(21.4%) Coverage of 25% Including pervious paver areas Building 35 feet 32 feet 28.5 feet Height Variances are still requested for lot width of 75 feet and lot size of 10,350 square feet. The Applicant's architect indicates that he is working with the Minnesota Department of Natural Resources and Carnelian-Marine-Saint Croix Watershed District to develop landscaping plans with the intent of protecting water quality. A raingarden is proposed in the natural depression located below the OHW. The DNR has jurisdiction in this area and the Applicant is in the process of communicating with the DNR about this proposal. The Planner recommends that a landscaping plan be submitted to the City. Stanek Variance Request - Revised Plans Page 3 August 28, 2008 Scandia, Minnesota ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends conditional approval of the variances to allow lot size of 10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and right of way setback of 15 feet; for 19107 Layton Avenue. The Planner's recommendation is based on the following findings: 1) The subject property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. 2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland Overlay Districts, but the existing lot is not big enough to allow for a home that conforms to all dimensional standards. 3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size, lot width, OHW setback, and right of way setback standards. 4) The small size of the lot was not created by the property owner. 5) The construction of the single family home will not alter the essential character of the area. The character of the area is a single family residential neighborhood with homes ranging in size from small cabins to larger year-round homes. The proposed home is similar in scale to other homes located on small riparian lots on Big Marine Lake allowed through the variance process. 6) The proposed home is in harmony with the general purpose and intent of the Ordinance to address environmental and aesthetic concerns, and is consistent with the Comprehensive Plan guidance for protecting natural resources and scenic views. The addition of landscaping and preservation of existing vegetation where feasible protects the environment and scenic view. The Planner recommends conditional approval of the variances to allow lot size of 10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and right of way setback of 15 feet; for 19107 Layton Avenue, with the following conditions: 1. That the structure is generally in conformance with either site plan, Layout A or Layout B, dated August 26, 2008 and revised building plans received by the City on August 26, 2008. 2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. • Stanek Variance Request - Revised Plans Page 4 August 28, 2008 Scandia, Minnesota 3. That a landscaping plan is submitted to the City. The landscaping plan must show plantings in the side yards and between the structure and right of way to provide screening from the neighboring properties and street. The landscaping plan must include planting of native species for stormwater management, such as raingardens. The Applicant must verify with the MnDNR regarding any necessary permit before landscaping below the OHW. The landscaping plan must show that existing vegetation is maintained where feasible, exclusive of any invasive species that may be present. All standards addressing Vegetation Alterations found within the Shoreland Management regulations apply. 4. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201 system. 5. That a permit is granted from Washington County Department of Health and Environment for wastewater treatment. 6. That all fees are paid. TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Stanek Variance Requests Planning Commission City of Scandia, Minnesota Anne Huriburt, Administrator Copies To: Tom and Lisa Stanek Proj. No.: 14059.006 From: Berry Farrington, AICP Scandia File Number 2008012 Date: July 30, 2008 Routing: Sherri Buss, RLA SUBJECT: Stanek Variance Requests MEETING DATE: August 5, 2008 LOCATION: 19107 Layton Avenue Scandia, Minnesota APPLICANT: Tom and Lisa Stanek ZONING: Agriculture (AG), Shoreland District 60-DAY PERIOD: September 15, 2008 ITEMS REVIEWED: Application materials received June 10, 2008 Amended site plan received July 17, 2008 and related pervious paver information BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting variances to allow construction of a new home located at 19107 Layton Avenue in the Bliss Addition on Big Marine Lake. The property is in the Agriculture District, and Shoreland Management District. The parcel was created before the requirements of today's Development Code were established, and therefore the existing lot does not meet all of the City's current standards. The variances needed in order to develop the property as proposed are for lot size, lot width, setback from the Ordinary High Water level (OHW) of Big Marine Lake, and right of way setback. In order to develop the property as proposed, the Planner finds that a variance to exceed lot coverage of 25% is also needed. BACKGROUND There are no existing structures on the subject property. The Applicant proposes to build a new home on the existing parcel of land. Certificate of Title for this property and the adjacent properties have been provided, which indicate that the properties have not been in common ownership. The Scandia Development Code, An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Stanek Variance Request Page 2 July 30, 2008 Scandia, Minnesota Chapter 1, Section 12.4 (4) addresses contiguous, nonconforming lots under common ownership. The property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It states that variances are only to be permitted when they are in harmony with the general purpose and intent of the Development Code, in cases where there are particular hardships, and when consistent with the Comprehensive Plan. Hardship means that the property cannot be put to a reasonable use if used under the conditions in the Ordinance; that the plight of the landowner is due to circumstances unique to the property,not created by the landowner; and that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Lot Size and Width The Scandia Development Code, Chapter 5, Section 7 addresses lot size and width requirements in the Shoreland District. The minimum lot size is 2.5 acres and the minimum lot width is 150 feet. The subject property is 10,350 square feet,just less than a quarter acre in size, and is approximately 75 feet wide. The existing lot does not meet the lot size and width standards. Variances are requested to allow a lot size of 10,350 square feet and a lot width of 75 feet. Setbacks The Shoreland Management Regulations, Section 8, addresses setback requirements. Big Marine Lake is classified as a General Development Lake. The OHW is 942.2 and the setback required from the OHW is 100 feet for a General Development Lake. The proposed home is 47 feet from the OHW, and there is a proposed deck that is 33 feet from the OHW. The Applicant requests a variance to allow an OHW setback of 33 feet, as measured from the OHW to the proposed deck. Analysis of the site plan indicates that there may be space to the north of the home where a deck could be located, conforming to a setback of 47 feet from the OHW. The Shoreland District requires a public right of way setback of 40 feet. The Applicant requests a variance to allow a 14 foot setback from the Layton Avenue. For existing parcels one acre or less in size, the side yard setback for a lot on a Recreation Development Lake is 10 feet. The proposed home conforms to the 10 foot side yard standard. The following table summarizes the setback requirements and proposed setbacks. Setback type Required Proposed OHW 100 feet 33 feet (Planner recommends 47 feet) Right of Way 40 feet 14 feet Side Yard 10 feet 10 feet Stanek Variance Request Page 3 July 30, 2008 Scandia, Minnesota Lot Coverage The Shoreland Management Regulations, Section 8.4, addresses lot coverage. It states, "A maximum of 25% of the lot may be covered with impervious surface. This includes all structure, decks, patios, walks, and surfaced or unsurfaced driveways."The subject property is 10,350 square feet. Twenty-five percent of the total area is 2,587.5 square feet. The Applicant proposes the following improvements that would result in impervious lot coverage: House 2,165 square feet Deck 336 square feet Entrance pad 84 square feet TOTAL 2,585 square feet (25% of site) The Applicant proposes to use pervious paver systems to build the driveway, path, north patio, and east patio. The square footage of the pervious paver areas are as follows: Driveway 384 square feet Path 180 square feet North patio 360 square feet East patio 336 square feet TOTAL 1,260 square feet (12% of site) The Applicant has provided general information about the proposed pavers and results from a soil boring taken in the proposed driveway area. The attached memo is a review of the pervious paver information. Soils are sandy and will provide for fairly rapid infiltration. The proposed paver materials are permeable. The ability of the pervious paver areas to infiltrate storm water will depend on how they are designed, installed, and maintained. The pervious paver review memo makes general recommendations for design and installation. The Planner recommends that the pervious paver area should not be fully excluded from the calculation of lot coverage, and that a variance to exceed 25% lot coverage be considered. Site-specific design detail and installation instructions, and a maintenance agreement, would be needed to identify a suitable credit for the pervious pavers. The Shoreland Management Regulation's definition of lot coverage specifically includes patios, walks, and driveways. In addition, maximum lot coverage standards include benefits in addition to storm water management, such as the aesthetic benefits of vegetation. The City of Scandia has not previously fully excluded pervious paver areas from the calculation of lot coverage. The Planner recommends the variance for lot coverage be approved, with the house, deck, and entrance pad not to exceed 25%of the lot, and with pervious pavers not to exceed 12%of the lot. Wastewater Treatment The proposed home will connect to the Bliss Addition common wastewater treatment facility(201 system). The Applicant provided a letter from Washington County Department of Public Health and Environment stating that the 201 system has capacity to serve the proposed home. Stanek Variance Request Page 4 July 30, 2008 Scandia, Minnesota Building Height The Shoreland Management Regulations, Section 8.3 establishes a maximum building height of 35 feet. The proposed home is approximately 32 feet tall, as measured from the mean height at grade to the mean height between the eaves and ridge. The proposed structure conforms to the height standard. Minnesota Department of Natural Resources (MnDNR) Because the proposed home is in the Shoreland District, the application materials were submitted to the MnDNR for review and comment. Written comments have not been received at this time. Carnelian-Marine-Saint Croix Watershed District Because the proposed home is in the Shoreland District and requires a variance from the City, a permit from the Watershed District is needed. The Planner recommends that as a condition of approval,the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. Consistency with Comprehensive Plan, intent of the Ordinance, and character of the area Variances may be granted when in harmony with the general purpose and intent of the Development Code and when consistent with the Comprehensive Plan. Variances must not alter the essential character of the area. The character of the Bliss Addition is residential lakeshore development on small lots, with structures ranging from small cabins to large homes. The essential character of the area is changing, as smaller homes and cabins are expanded or replaced with larger homes. Larger homes have been allowed in the area so long as they meet the general intent of the Development Code by addressing environmental and aesthetic concerns such as landscaping, screening, stormwater management, and alternative wastewater treatment systems. The adopted Comprehensive Plan calls for Recreational Development lakeshore densities consistent with the 2.5 acre lot size standard,but it does not address the unique situation of the Bliss Addition where lots were subdivided before adoption of a Comprehensive Plan. The Plan emphasizes the value of natural resources and scenic views in Scandia. The draft 2030 Comprehensive Plan, not adopted by the City, addresses lakeshore traditional areas that includes the Bliss Addition. The goal for such areas is, "To maintain the established pattern of small-lot residential development in lakeshore areas while improving stormwater management and land stewardship practices." ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request Stanek Variance Request Page 5 July 30, 2008 Scandia, Minnesota PLANNING STAFF RECOMMENDATIONS: The Planner recommends conditional approval of the variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25%of the lot and with pervious pavers not to exceed an additional 12% of the lot; for 19107 Layton Avenue. The Planner recommends that the proposed deck be removed or relocated to the north. The requested OHW setback shown is 33 feet,but removal or relocation of the deck would result in an OHW setback of 47 feet. The Planner's recommendation is based on the following findings: 1) The subject property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. 2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland Overlay Districts,but the existing lot is not big enough to allow for a home that conforms to all dimensional standards. 3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size, lot width, OHW setback, and right of way setback standards. 4) The proposed deck further encroaches on the OHW setback than the proposed house. An alternative location for the deck exists on the north side of the house, where it would reside outside of the 47 foot OHW setback established by the house. 5) As proposed, the house, deck, and entrance pad cover 25%of the lot, and pervious pavers cover an additional 12%of the lot. In combination, these areas cover greater than 25% of the lot. The lot coverage greater than 25% is a function of the small size of the lot. The lot coverage greater than 25% allows for reasonable use of the property. Pervious paver areas are not fully excluded from the calculation of lot coverage because site-specific design detail and installation instructions, and a maintenance agreement, would be needed to ensure ongoing permeability, and because pervious pavers do not contribute other benefits of vegetated, uncovered surfaces. The use of pervious pavers is an improvement from traditional impervious surface for the purpose of protecting water quality. 6) The small size of the lot was not created by the property owner. 7) The proposed home is consistent with the emerging character of the Bliss Addition. It is similar to other newer homes in scale and placement on the lot. 8) The proposed home is in harmony with the general purpose and intent of the Ordinance to address environmental and aesthetic concerns, and is consistent with the Comprehensive Plan guidance for protecting natural resources and scenic views. The use of pervious pavers is a method to protect the natural environment. The addition of landscaping and preservation of existing vegetation where feasible protects the environment and scenic view. The Planner recommends conditional approval of the variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25% of the lot and with Stanek Variance Request Page 6 July 30, 2008 Scandia, Minnesota pervious pavers not to exceed an additional 12% of the lot; for 19107 Layton Avenue. The Planner recommends the following conditions: 1. That the structure is generally in conformance with the site plan dated June 10, 2008 and amended to show driveway and patio areas, and with the building plans received by the City of Scandia June 10, 2008, except that the proposed deck is removed, or moved to conform with a setback of 47 feet from the OHW and side yard setback of 10 feet. 2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. 3. That the pervious pavers are designed, installed, and maintained per the manufacturer's recommendations. 4. That landscaping is planted in the side yards and between the structure and right of way to provide screening from the neighboring properties and street. 5. That existing vegetation is maintained where feasible, exclusive of any invasive species that may be present. All standards addressing Vegetation Alterations found within the Shoreland Management regulations apply. 6. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201 system. 7. That all fees are paid. • T KDA 444 Cedar Street,Suite1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Berry Farrington Reference: Pervious Paver Review Copies To: Sherri Buss 19107 Layton Avenue Proj. No.: 14059.006 From: Connie Taillon, PE Routing: Date: July 24, 2008 The following review for 19107 Layton Avenue is based on these submittals: 1. Certificate of Survey(with paver areas highlighted)prepared by Landmark Surveying, Inc.,dated June 10, 2008. 2. Soil Boring Test Report prepared by Tradewell Soil Testing, dated July 15, 2008 3. Aquapave,Uni Eco-Stone, and Netpave 50 Brochures. 4. Report of Infiltration Testing prepared by American Engineering Testing, Inc.,dated August 3, 2007. Comments: 1. The soil boring results indicate an 8 inch layer of loamy fine sand topsoil underlain by a 20 inch layer of medium fine sand(type"A"soil classification) followed by a 49 inch layer of fine sand with fine silty loam bands. A perk test was conducted in the medium sand layer. This soil layer was found to be very well drained and suitable for infiltration. When installing the permeable pavement, it is highly recommended that the soil subgrade be located in this medium fine sand layer. 2. The three paver material options shown in the submitted product brochures meet the intent of the permeable pavement criteria.The design of the product(s) selected for the site should meet the manufacturer's requirements for structural stability,base and sub base materials, and installation procedures. It is recommended that the permeable paver areas be designed to meet the following stormwater objectives: • The sub base should be designed to store and infiltrate an equivalent volume of water consistent with a lawn area in type A soils for storm events up to and including the 100-year event. • Pavement void area and slope should allow the required volume of water to permeate into the sub base. • The stored water volume should draw down within 48 to 72 hours into the soil subgrade(no under drains). 3. Detailed installation instructions should be supplied to the contractor, including how compaction and siltation of the subgrade soils will be minimized during both the house and driveway construction. If the soil subgrade will require compaction for structural stability as per the manufacturer's recommendations,an on-site infiltration test of the compacted soil should be performed. 4. The manufacturer's maintenance recommendations should be followed to maintain the infiltration capacity of the pervious pavement. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Washington r County Washington County Basemap I r i I Parcel Search Area s ` I °' S 1., f, 192HU'3TREET IIGRTN ,i 7 y TRACT!, 4 r a74 �` �� Legend TRMCTr P \i 71 . R Y n I R. TRACT U `I I . Ill* - �z REGISTERED LAND SURVEY NO 78 ii° ,,; xi r 3` — a ', lf/ b. 34 ,L - ii 1 9 1 0 7 Layton Av e n t. BELL VIEW HEIGHTS �; P `' �` TRRCTG 9 190 w STREET N, _,,,, , 6v"fi • General Annotation • Dimensions B leader F<� : 2 Tom^ L� W 45- ,, parcels Gj, - QMunicipal Boundaries ru la II..�• i ' , NO a l., 'may 0 225 4 }).,-, Scale: 1:3,981 eliil "i.�, - °' Map center: 45° 13'34.2" N, 92°52'44.1"W This drawing is the result of a compilation and reproduction of land records as they appear in 7 various Washington County offices.The drawing should be used for reference purposes only. Wasningt(I1 Washington County is not responsible for any inaccuracies. -=�=County AERIAL OVERVIEW CERTIFICATE rj T I F I CA T E OF S T r R V SURVEY PREPARED FOR I\ 1 1 LJ K lJ R E C E I f STANEK 23�12�130thCourt u1 LOT 6 BLOCK I �( ,=�W "*> - HOLIDAY BEACI-I 2ND PLAT 7 Blaine, MN 55449 k . 7'= ' •,}I• CITY OF SCANDIA 1l L / SITE ADDRESS ,' ` I WASNINGTON COUNTY MINNESOTA 19107 Layton Avenue North 7008 t f t5 /A's* �i Marine on St. Croix, MN 55047 '� d CITY SCANDIA 1 F At;A. 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Lc), ._.._..10.350 \�.JJ (Certi&cateofTide.No..C.4976) aj^<� - ' � 'A • i.. 25%OF 107 ...7.587 ° r 34"x 54Lot Six(6).Nock One(l,t//OLIDAY/ML IC//2nd • PLAT•as sttntycd and platted and non on file and House \J 'bt ��. of ant in the office of'the Registrar of Titles in • I—v_..RECEIVED and for the County of Washington and State of I Minnesota, Ty, ` SURVEY P'REEAR117 MY, // / OnMM swim of I.MOP e%ahnp r.d.6 '�. / :K..,r Mn A $NY�y11 0 ha „ �0 Orel Ammo/bM!AO Rm/3 ,..r.waa wr --_ '�„n---- .. as a w.mt.awn �••.••w.o-w. Deck rea_�p e,,.r�..Y.w. L� /� Mb wee.mu LCITY OF SCANDIA 14--.."�''.. ao ` i August 26, 2008 RFCHVED Scandia Planning Board Anne Hurlburt, Administrator CITY OF uCANDifi Re: Stanek Variance Requests When I read the August 13th, Country Messenger article about the Big Marine variance requests it sounded similar to one adjacent to my home on Big Carnelian Lake.These small lots were platted before there were shoreland regulations. Planners and local governments officials back then were not aware of the effects building homes on these small lots would have on the water resources. Hopefully today's land use officials are wiser. Local officials must make decisions that weigh the property rights of the owners of the small lots against those of the adjoining property owners and the public in general. Washington County and Scandia use the 25% impervious surface standard as an upper limit when ruling on these matters. Documented studies show that some damage begins to occur to the water resources when impervious surfaces exceed 10% and serious damage occurs when it exceeds 25%. By settling on 25%you are accepting some damage to the water resource. You should be asking for a smaller structure and something to mitigate the storm water impacts to the lake if you grant these variances. The very fact that the applicant is asking for four variances should trigger the alarm bells. The OHW of 942.2 is often used as a benchmark to determine the low floor elevation of the proposed structure. I would recommend more than the 2 feet above that level for the low floor. The 500-year flood elevation is 942.9 may be a better benchmark to use than the OHW. I personally maintain the outlet to the lake and the channel maintenance downstream but there is no guarantee that will happen forever. Storm events are becoming more severe with the change in climate and experts tell us to expect more extremes in the future. You should also take into account the adjoining property owners. This granting should not affect their property values. I would make sure there will not be any storm water impacts onto the adjoining properties. You should also look at the height of the structure. You should not allow the structure to block the sunlight during the winter/fall months of the year because it will increase their heating costs. Once the dust settles these people have to live together as neighbors in your community. How do you treat the storm water on such a small lot? It looks like most of the area between the proposed structure and the lake is below the OHW. This area is marginal at best for infiltration. Vegetation will be necessary to filter the storm water before it enters the lake. It needs to be something other than a manicured lawn. You may want to require some sort of natural buffer. The water quality of the lake has a large impact on property values. This may seem like a small impact but they all add up. I have been an advocate for many smaller projects on Big Carnelian Lake and they seem to be paying off. The water quality of Big Marine Lake took an unexpected drop the last few years and is a concern for many. Not only is Big Marine a local asset but a regional one. It is still one of the best lakes in the twin cities area. Please do what you can to keep it that way and perhaps create some harmony in the area at the same time. John Bower Concerned Area Lake Resident RECEIVED September 1, 2008 As a resident of New Scandia for more than 30 years, I am both disappointed--and-angry-afthe- way events are occurring in the community. My concerns relate primarily to the current request for a variance on that property described as lot 6, Block 1, Holiday Beach Second Plat. Since I have no interest in this lot on a personal basis, my concern in the matter relates strictly to my past experience in the matter of maintaining water quality and healthy economic development in the community. In the early 1980s, John Jurgens who was then our County Commissioner asked me to become a member of the newly formed Housing Redevelopment Authority (HRA). In addition to some relatively basic functions such as fuel assistance and monitoring Section-8 housing contracts, the primary focus of the organization at that time was to attempt to find a solution to the extreme flooding on Big Marine and Big Carnelian lakes. The actual water level at that time on Big Marine Lake was measured at approximately 946 and 947 feet ASL. For those people who were not residents at the time, an indication of the seriousness of the situation can be gauged by understanding that the present control level of the lake is approximately 942.4 feet ASL. The flooding problem at that time was compounded by an extreme degree of pollution to both lakes resulting from flooded septic systems, fuel tanks and a variety of other problems stemming from the flooding and the inundating of what had been residential development along the lake shores. The county board requested our agency (the HRA) to investigate the possibilities of establishing a community sewer system that would prevent such problems from recurring in the future, thus assuring that the maximum clean water level attainable under the circumstances would be maintained. After more than two years of work and analysis our board was tasked by the county board to establish the largest geographic tax Increment financing (TIF) district in the state of Minnesota. Using the good faith and credit of Washington County as well as months of value analysis of the existing situation and what we proposed and projected would be the future result of lake control, we sold bonds to establish a controlled overflow that would allow us to maintain the lake level at its present elevation of 942.4 feet ASL. With the good faith ands credit of the County as bonding collateral, we applied for and were awarded Federal 201 Grant funds to establish community sewer systems for the watersheds of both Marine and Carnelian lakes. When the 201 Grant was funded, it was emphasized to us that the funds provided and the sewage systems to be constructed were in no way to be construed as tools for development. Rather, like the FEMA assistance to New Orleans after Hurricane Katrina, the funds were intended solely to provide relief for property owners with existing residences on both lakes. Despite some misgivings of the county board about the likelihood of repaying the debt of the bonds, we actually retired the bonds 10 years before they were due with a surplus of nearly $300,000.00. This occurred largely due t the resolution and dedication of area residents to maintain and upgrade their properties despite the hardships that most had experienced. I was then asked to appear before the county board to address the issue of the surplus funds collected by the TIF district, I asked them to consider rebuilding the infrastructure damaged by the years of flooding, which mainly included the road beds in the community. Since statutes in Minnesota prevent TIF funds from being utilized to blacktop or otherwise hard surface roads, the final surfacing of the roads was done by assessment but the roads themselves were largely paid for by the increased property values and new construction that our board forecast and projected accurately based on our cumulative years of experience in the various fields of real estate in which most of us were employed. When the lake control and the sewer systems were in place, I tendered my resignation from the HRA board. However, Dennis Hegberg our current County Commissioner asked me to serve on the watershed board for Carnelian Marine watershed district, which I accepted. I served on the board for a number of years as a member and later as its chairperson. During that time we established a lake monitoring procedure that I believe is still in use at the present time. For the past 28 years of my career, I have been a professional real estate appraiser, a commercial banker, a developer and a property owner specializing in commercial and sub development properties. In addition, I have been qualified by the courts in approximately 1/3 of the counties in Minnesota as well as seven or eight states across the country, as an expert witness in matters of real estate valuation, development and related areas. I'm reasonably certain that my background gives me at least as much expertise in the area of land use as several of our elected officials and paid staff employees, who appear to be on a mission of desperately attempting, in this case, to allow development on what is clearly a substandard lot based on our own ordinances. As Dave Hebert, I think will agree, laws are essentially formulated with three inherent characteristics, these being a: the letter of the law, b: the spirit of the law and c: the intent of the law. Meeting only the letter of the law by itself does not meet the criteria of ethical propriety. I find it both disturbing and intellectually insulting that officials elected to represent the best interests of the citizens of the community are attempting to and minimize the intent and spirit of critical requirements contained in our zoning ordinance to allow this and other borderline development to occur. My friend John Bower, with whom I served on the C/M watershed board and who is the longest running chairperson of that board sent a letter to the city, dated August 26, 2008, addressing this matter, dated. John correctly points out several important and serious issues that our elected officials should be aware of or should have made themselves aware of. John also brings up the issue of valuation damages to adjacent or peripheral property owners, an issue which I have had extensive litigation experience in over the years. If this becomes an issue here, I have offered the services of my firm, pro-bono, to any area property owner who it can be determined, has suffered property damage as a result of the city's actions in this and related matters. David M. Berg - . =CA C1.9...r P •1 6> ., fl i i c>, ir) /447 --- ,.. . •4_, 6z- ., ---- itr I— 0 ----,—.. cs1 ••••••Irsir.ti 1 III kcimiVI lal" _ N a 110111111011k • I .-111141811111,1e • /11111. I 11.111.1b9r-itr_ s OEM. I 1100Vali& 0 dieMill. I— PlieVINVIIIINI 1u Aidlolmia/ .11 'Ill l'ildirl E 4010§.11 v • ply AI A llielilimr I AI; " / \ Ilr gi '.-11.1. 1.- ,_-_ •----1 1 1 \ < MMEMIIMMINI 112:14irvo ' -- Ida I i (L Q A) 7_ f--- Mil IMMO OUP' • \ 0- 111=41t,r .k. 111.• .I. ilill lip- > • u j L 4 It e hit. i L' i oil I-• - I 1 idurit ‘- 1 t VretWi z. 1 o 111111111111101 1 r_ i 1. . 6 I,IAMaIlmii-I s liIm i Ill ‘11111- "I a: ....II I llei NI me I JII \ : N ill 111 PM Inlitel - - I'll •-> \ , - • �N F= z z_ J W ,o-,Z,-b / 0 .5 Z rar-556z VD 6£sZ b,l 3 E XI -11• •. iN "`' xxdw = O�] M vo--� =p 0+XZL 111 Cif ! r �O —r1CI cel MS - t ""'s4 I—. I Mo�� 0;91 ;L / �;5 / OhS S;L �Zv� " ,l1.\N0A oL ' M 1 01 10 ------�- -- ---:-.....-a. ON , ¢ • L�_1 i f F e- 1 '0 r SN1-1-71n8 l Sol-1/119 k. °0 .10 ut " I vim' tr� �i % 0 O� M _I� ° a _a -1. Y ' - ' i L < Z. - 1i;,61 ,o_* „ ,8Y T 4,71, a_ �y11JVd v,• �_ 9 ciN_ _1z - 'r` O mw uN pa, O Z ,P;ol _a ,c7;si it, f 1- — — — -- r-- z 9 I Ca ~ ¢�. Z U do1�1� J '„;— q 1 0 0 ` 0 I ' =a U p A vi SL "2l4 0 ti-vd o9 6E6z (0l J a • Q o �oi • % 0N `co -N 01 CI) \ F- — — — -- �, z / , P- l� os / Meeting Date: 11/5/08 Agenda Item: HOC ,Z PlanningCommission/CityCouncil C 6 hi) Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the application of Jim &Nancy Hermes for a minor subdivision and variance to allow the separation of a lot in Kirkhill Estates, 22577 Kirk Ave. N. Deadline/ Timeline: 60-day review period expires December 5, 2008 Background: • Jim and Nancy Hermes own 4.3 acres in a single parcel that was platted at two individual lots in 1972. There is a home on the northerly parcel and the southern parcel is vacant. The two lots were combined in 1995. They propose to divide the lot to create a new building site. • At the August 5 meeting, the Planning Commission provided informal feedback on this request, indicating they were not opposed pending submission of all required information. • The planner has reviewed the application and will present the attached report at the Planning Commission meeting. Recommendation: The planner has recommended approval of the minor subdivision and variance with findings and conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 11-05-08-XX Materials provided: • Vicinity Map • Letter from Jim & Nancy Hermes • Excerpt of August 5, 2008 Planning Commission Minutes • TKDA Memorandum dated October 28, 2008 • Application Materials & Survey (dated September 18, 2008) Contact(s): Jim & Nancy Hermes, 651 433-3577 Berry Farrington, TKDA 651 726-7904 Prepared by: Anne Hurlburt, City Administrator (bermes minor sub and variance) Page 1 of 1 10/30/08 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-05-08-XX MINOR SUBDIVISION AND VARIANCE REQUEST FOR 22577 KIRK AVENUE NORTH WHEREAS, Jim and Nancy Hermes have made application for a Minor Subdivision and Variance to create two parcels, and to allow the exceeding of the maximum residential density of the Agriculture(AG) District, located at 22577 Kirk Avenue North; and WHEREAS, the property is legally described as Lots 6 and 7, Block 2, Kirkhill Estates, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 5, 2008, and has recommended approval for the Minor Subdivision and Variance to create two parcels, and to allow the exceeding of the maximum residential density of the Agriculture (AG)District; 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 approve the request of Jim and Nancy Hermes for the Minor Subdivision and Variance,based on the following findings 1. The subject property was previously two lots, Lots 6 and 7 of Kirkhill Estates, which were since combined. Single family residential use of the two lots is consistent with the original Kirkhill Estates subdivision. 2. The history of the property in this case is unique, because the two lots were platted but not built upon before regulations changed. The two lots meet Ordinance dimensional standards, including setbacks, buildable area, lot size, and road frontage. 3. If Lots 6 and 7 had not been combined, both lots would be allowed to be used for single family residential use. Their combination would not be required under Section 12.4, nonconforming lots. Resolution No.: Page 2 of 2 4. The character of the area is single family lots, ranging in size from 1.9 acres to 3.7 acres in size. Parcels A and B are each 2.3 acres in size, similar in character to the area. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the wastewater treatment location be approved by Washington County Department of Public Health and Environment. 2. That the City receives a certificate of survey signed by the licensed land surveyor. 3. That the Applicant pays the current park dedication fee to the City for the vacant lot prior to recording the Subdivision. 4. That all fees are paid. Adopted by the Scandia City Council this fifth day of November,2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk ',.( IWIlV LAX I t• / l r R21W�DARE HERE `) g - 2t w �; ... 4 P g„ ram* �"• r "f3?N 11111111...T32N' ;'4'.:',',k.. . : 1 indrall �`j d � ` E. '— — atwo 1 T31N T3IN 4 ,`1"ilt 14 re 1 • '''f',-44-IIIiit,....".:„,,:„.'...7.2r,„ 44,4' TV, • T3ON T30N ,4‘, t_ 16 ""n ""M ♦ 4 T29N ki T29N --- .. ( fit; <,r`yr a • s ° ' ♦ T28NElk T28N 111 t'w g4w I 1♦: a .. ., ' 1 . ,) \ r xi T27N „ �`.. N. r I ♦ 'reR22W R31 W R20W f �, , ��, J �, r _ _ �I (� `' Vicinity Map \• , , 4 d N ♦4 TM — ,, •♦ l S�, a w !. \ 11F11 4. ,--r` ♦ ..fit ?N - vial ' af * j I FAII* 4 I ' R • \�, P g `�. • 0 975 . Scale in Feet 4 77 IIII 12" j , :. ,� a t',:.' : This draw ng s the result of a compilation a y „ ik of ,j �r� - 1 '�. g'q and ra Prntivarrous Was�n tonr Counthotfices. / ;-' _ "�; Jr'. z, �' ,, 4 '� �1 Tne drawing shoultl be usetl for reference "1 5 �y purposes only W ashmgtce County rs not A ' F.1. �- fy r r r responsDle for any inaccuracH•s. ♦ r s` �` ♦ Source.Washington County Surveyor's Office. A . 0 0 p l '� ' " Phone(651)6J0.6875 11 Location Ma — a. I I — current through.July 31.2 08Parcel data based on AS400 nformation f �3 m j r • . ,��y 1y� f ., Map Pnntetl.September 22.2008 Dennis Seefeldt 13809 Scandia Trail Scandia, MN 55073 Dennis, I am writing you about the conversation we had last fall about reclaiming Lot 7 Block 2 of Kirkhill Estates as a separate buildable lot. I would like to request a special hearing by the Scandia Planning Commission to reclaim Lot 7 Block 2 of Kirkhill Estates as a separate building site. A little history on how this all evolved over the years; lot 7 was originally approved a separate builbable by the Township of New Scandia and by Washington County, in 1972. After selling 8 of 18 lots from 1970 to 1975 Washington County put a 10-year halt on Building because of a change in county soil testing requirements. Then after 10 years the soil test requirements were rectified. Before we got permission to sell again, the minimum lot size requirements were increased and we lost the right to sell a number of lots including lots 6 and 7 as the county and township had originally approved. Consequently our best lots had to be sold as 60% of 5 acres, thus having to use two lots to make one site. We built our home in 1985 (where we still live today) on lot 6 with the hopes of some day selling lot 7. Lot 7 has underground electric ready to be built on today. Lot 7 is also one of the highest buildable lots in the development & larger that almost all lots in our development & the new development to the south. In 1995 I combined lots 6 & 7 to cut down on the taxes I was paying. Last fall City Administrator Anne Hurlburt listened to my request and said to consider separating the lots I needed to get wetland delineation and soil test done first. These test will cost us approximately $1,500 to $2,000 & we will do all you ask but want to have a reasonable assurance that we can reclaim this as a separate buildable lot. I would like to hear what you would recommend. In Conclusion I would like to request that the original plat be restored. See the list I have attached of the dates and list of sales. Thank you for your time and consideration on this matter. Thank You / T(07 Cim & Nancy Hermes In November of 1972 the official plat was approved by the Township & Washington County as surveyed by Don C Hult, Registered Land Surveyor. Land was purchased in 1969 as a 50-acre parcel from Edgar& Luella Johnson. The first 4 lots were built before the property was officially platted. At this time New Scandia Township & Washington County approved this process. Approving the Plat were Vernon Jellum Chairman Lowell L Isaacson Russell Jackson Chairman Mark Rossi Idor Pederson Chairman, County Board Don E Pepper Washington County Surveyor T.R. Greeder Washington County Auditor James Simonet Register of Deeds, Washington County Jim & Nancy Hermes Time Line of Kirkhill Estates Dates& List of Sales Is' lot 2.4 acres sold & home built in 1970 10311 230th Street North 2"d lot 2.18 acres sold & home built in 1971 10421 230'h Street North 3rd lot 2.5 acres sold & home built in 1971 22933 Kirk Ave North 4'h lot 2.00 acres sold & home built in 1972 22900 Kirk Ave North 5'h lot 2.41 acres sold & home built in 1972 22850 Kirk Ave North 6'h lot 1.90 acres sold &home built in 1972 22875 Kirk Ave North 7''' lot 2.70 acres sold & home built in 1973 22839 Kirk Ave North 8'h lot 3.60 acres sold & home built in 1975 22600 Kirk Ave North County held up next sales for a ten full year because soils did not meet new County soil test regulations. Some time in 1984 they were changed so they now meet new County requirements. 9'h lot 3.10 acres sold & home built in 1985 22633 Kirk Ave North 10'h lot 6 & 7 4.30 acres sold & home built in 1985 22577 Kirk Ave North Jim & Nancy Hennes' home 1 1''' lot 2.4 acres sold & home built in 1985 22740 Kirk Ave North 12'h lot 3.70 acres sold & home built in 1990 22800 Kirk Ave North Lot 7 the one we want to reclaim has more square footage then most of our original platted lots & more that the new development to the south developed by Greg Radefeldt. Scandia Planning Commission August 5, 2008 Page 6 Councilmember Peterson asked if a limit will be put on outdoor music events. Mr. Taylor stated that bands end at 11 p.m. Mayor Seefeldt stated that the public can dictate this. A permit is not required,but if complaints are registered, limits could be put on events. Commissioner Schwarz, seconded by Commissioner Krinke, moved to recommend to the City Council to approve draft Resolution 08-05-08-05 (with an amendment to hours of operation for the volleyball/boot hockey rink) for an Amended Conditional Use Permit Request for Meister's Bar and Grill, 14808 Oakhill Road. The motion passed unanimously. JIM AND NANCY HERMES: PROPOSED LOT DIVISION IN KIRKHILL ESTATES Jim and Nancy Hermes, 22577 Kirk Avenue, were present for an informal discussion of a proposed lot division in Kirkhill Estates. They would like to reclaim Lot 7 as a separate buildable lot, as they had combined Lots 6 and 7 in 1995 for tax purposes. Since the original subdivision in 1972, zoning regulations have changed. The maximum density has been exceeded so that no subdivision would be allowed without a variance. The Hermes' were seeking advice on whether the proposed lot division would meet the criteria for issuance of a variance. As no final determination can be made until all required information is reviewed (survey, topography maps, soil tests, wetland delineation, etc.), the commissioners were not opposed to this request. Commissioner Krinke, seconded by Commissioner Rodsjo, moved to adjourn. The meeting adjourned at 9:35 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Hermes Minor Subdivision and Planning Commission Variance Anne Hurlburt, Administrator City of Scandia, Minnesota Copies To: Jim and Nancy Hermes Proj. No.: 14059.014 From: Berry Farrington, AICP Scandia File Number 2008023 Date: October 28, 2008 Routing: Sherri Buss, RLA SUBJECT: Hermes Minor Subdivision and Variance request MEETING DATE: November 5, 2008 LOCATION: 22577 Kirk Avenue North Scandia, Minnesota APPLICANT: Jim and Nancy Hermes ZONING: Agriculture (AG) 60-DAY PERIOD: December 5, 2008 ITEMS REVIEWED: Application, Applicant letter to the Mayor(undated), Survey dated 9/18/08, Soil testing letters dated August 18, Wetland delineation report dated October 7, 2008, Washington Conservation District memo dated October 15, 2008. BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting a minor subdivision to create two parcels, and requesting a variance to allow the exceeding of the maximum residential density of the Agriculture (AG) District, 4 dwelling units per 40 acres or quarter-quarter section. The subject property is located at 22577 Kirk Avenue North, and consists of approximately 4.6 acres. The request is to create two parcels, Parcel A and Parcel B, each consisting of 2.3 acres. BACKGROUND The subject property was once two separate lots as part of the Kirkhill Estates Subdivision (Lots 6 and 7, Block 2). The two lots were platted in 1972, and combined into one lot in 1995. Since the original subdivision, zoning regulations and comprehensive plan policies have changed. The request exceeds the maximum density currently allowed for the agricultural land use designation in the comprehensive plan and the AG District in the zoning ordinance. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Hermes Request Page 2 October 28, 2008 Scandia, Minnesota The Scandia Subdivision Ordinance, Chapter 3 of the Development Code, addresses the re-separation of lots. Section 2.2 (2) states that any parcel of land that has been combined for tax purposes cannot be re-separated without approval in the manner prescribed in the Subdivision Ordinance. The Ordinance requires that the minor subdivision process (Chapter 3, Section 5) be used to divide one parcel into two parcels. EVALUATION OF THE VARIANCE REQUEST: Variance Request from Maximum Density Standard Chapter 2, Section 2.1 addresses density in the City's zoning districts. In the AG District, the density of residential dwellings shall not exceed 4 units per 40 acres or quarter-quarter section. If the density is considered for the division of the single property consisting of 4.6 acres, for the greater Kirkhill neighborhood, or for the specific quarter-quarter section (southwest quarter of the northwest quarter, Section 7), the minor subdivision would exceed the maximum density of the AG District. Consideration of Hardship Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It states that variances are only to be permitted when they are in harmony with the general purpose and intent of the Development Code, in cases where there are particular hardships, and when consistent with the Comprehensive Plan. Hardship means that the property cannot be put to a reasonable use if used under the conditions in the Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and that the variance would not alter the essential character of the area. Economic conditions alone cannot constitute a hardship if a reasonable use of the property exists under the Ordinance. Findings The Applicant's letter addressed to the Mayor(undated), describes the history of the property. The Applicant combined the two parcels in 1995 for tax purposes. The letter states that Washington County prohibited building for a ten-year period starting in 1975. During that time the zoning requirements changed and the Applicant had to use the land area of both Lots 6 and 7 in order to build his house on Lot 6 in 1985. The letter states that Lot 7 has underground electric ready to serve the property. The letter provides a chronology of lot sales and homes built on the other lots in the Kirkhill subdivision. Other lots are smaller than the existing lot of 4.6 acres and similar in size to the proposed 2.3 acre lots. At the August 5, 2008, Planning Commission and City Council meeting, the Applicant informally raised his request. The Planning Commission and City Council indicated that a decision could not be made without more information, but indicated that the City was not opposed to the request. At that meeting, there was discussion of how these lots would be treated under the Ordinance if they had never been combined. If the lots had not been combined, Lots 6 and 7 would be considered nonconforming lots. Chapter 1 of the Development Code, Section 12.4 (3) addresses nonconforming lots under 5 acres in size. It lists four criteria for evaluating if a nonconforming lot may, "be used for the legal purpose for which it is zoned and is exempt from(4) below." The criteria address: A. road frontage, B. buildable area, C. waste water treatment, and D. all other requirements of the Code. The two lots meet these criteria, and therefore if Hermes Request Page 3 October 28, 2008 Scandia, Minnesota the property had remained as separate lots, each lot would be allowed for single family residential use, and "exempt from (4) below." Section 12.4(4) addresses instances where substandard, contiguous lots must be considered as one lot. The combination of the two lots into one would not be required. In summary, if the two lots had not been combined, each lot could be used to build a single-family home. At the August meeting, there was also discussion regarding the potential for the Applicant to pay the back taxes that would have been required for two separate lots from 1995 to the present. At the August meeting, the Planning Commission indicated that it was not opposed to the variance request, but that additional information received through the formal application process would be needed. The additional information has been received, and outside of the variance request, the minor subdivision conforms to Ordinance standards. Because the City had indicated that it was not opposed to the variance request, the Planner provides findings to support approval of the variance, below: 1. The subject property was previously two lots, Lots 6 and 7 of Kirkhill Estates, which were since combined. Single family residential use of the two lots is consistent with the original Kirkhill Estates subdivision. 2. The history of the property in this case is unique, because the two lots were platted but not built upon before regulations changed. The two lots meet Ordinance dimensional standards, including setbacks, buildable area, lot size, and road frontage. 3. If Lots 6 and 7 had not been combined, both lots would be allowed to be used for single family residential use. Their combination would not be required under Section 12.4, nonconforming lots. 4. The character of the area is single family lots, ranging in size from 1.9 acres to 3.7 acres in size. Parcels A and B are each 2.3 acres in size, similar in character to the area. MINOR SUBDIVISION REQUEST: The following portion of the memo addresses the standards for a minor subdivision, in addition to the density standard which was discussed as part of the variance issue. The Planner notes that a certificate of survey signed by the surveyor should be received by the City if the minor subdivision is approved. Wetland Delineation There are three wetlands on the subject property. The Washington Conservation District (WCD) recommends that the City accept the wetland boundaries as delineated. Setbacks Setback requirements are front yard of 40 feet, side yard of 20 feet, and rear yard of 50 feet. The minor subdivision request conforms to the yard setback requirements. • Hermes Request Page 4 October 28, 2008 Scandia, Minnesota Buildable Area One acre of buildable area is required per Chapter 2, Section 9.1(11). Parcel A is reported to have 1.0 acre (43,619 square feet) of buildable area. Parcel B is reported to have 1.2 acres of buildable area. The buildable area is greater than reported on the survey. The City Ordinance does not include a minimum wetland setback for wetlands located outside of the Shoreland District. Therefore, the 20 foot wetland setback shown on the survey is not required, and may be included in the buildable area calculations. Parcels A and B conform to the buildable area standard. Lot Size The AG District's lot requirements are within Chapter 2, Section 3.3. Lots must be 2.00 to 4.00 acres, or 20.00 acres or greater, except for parcels of record between 18 and 23 acres. The proposed minor subdivision would result in Parcels A and B, each 2.3 acres in size. The proposed lots meet the Ordinance lot size standards in that they are within the range of 2 and 4 acres. Road Frontage For lots of this size, a minimum 160 feet of road frontage is required. Proposed Parcel A has approximately 268 feet of frontage on Kirk Avenue, and Parcel B has approximately 257 feet of frontage on Kirk Avenue. The proposed parcels meet the road frontage standard. Wastewater Treatment Two drainfield locations are shown on each proposed parcel and soil borings have been taken. Lot 6 has an existing system. Soils require mound systems on both lots. On Parcel B, the sewage treatment system setback of 75 feet from wetland#3 would limit the possible locations for a system. Part of the area labeled soil test area on the survey is within that setback. The wastewater treatment location will need to be approved by Washington County Department of Public Health and Environment. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: Findings for approval of the variance to allow the exceeding of the maximum residential density of the Agriculture (AG) District, located at 22577 Kirk Avenue North, in order to create two parcels, Parcel A and Parcel B: Hermes Request Page 5 October 28, 2008 Scandia, Minnesota 1. The subject property was previously two lots, Lots 6 and 7 of Kirkhill Estates, which were since combined. Single family residential use of the two lots is consistent with the original Kirkhill Estates subdivision. 2. The history of the property in this case is unique, because the two lots were platted but not built upon before regulations changed. The two lots meet Ordinance dimensional standards, including setbacks, buildable area, lot size, and road frontage. 3. If Lots 6 and 7 had not been combined, both lots would be allowed to be used for single family residential use. Their combination would not be required under Section 12.4, nonconforming lots. 4. The character of the area is single family lots, ranging in size from 1.9 acres to 3.7 acres in size. Parcels A and B are each 2.3 acres in size, similar in character to the area. Recommended conditions of approval of the variance and minor subdivision: 1. That the wastewater treatment location be approved by Washington County Department of Public Health and Environment. 2. That the City receives a certificate of survey signed by the licensed land surveyor. 3. That the Applicant pays the current park dedication fee to the City for the vacant lot prior to recording the Subdivision. 4. That all fees are paid. File No. DD g a 3 APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.c,scandia,tnn.us Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website www.ci.scaudia,mn t and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) Z—a 5 7 1'- -I re-le— AVE 2. Washington County Parcel ID: 070 7 7® 23 co 0 3. Complete Legal Description: (attach if necessary) �� S , �QAS►r t a `try C-o vw-r Y r& t i, 4. Owner(s): Phone: IAA 4- 0150./Gy (h) (b) Street Address: E-Mail: ZZS`�-7 ►ram p a'S-r , City/State: S Ot Pr , j.t- 1.1 Zip: 5�® , � 5. Applicant/Contact Person: Phone: d) t.-‘c—C-TO 5 (h) —A-??-7 S-7 7 (b) Street Address (Mailing): E-Mail: 2:2, •i; City/ State: 5 C— l0,0= Zip: 5 �0`7= )<, 6. Requested Action(s): (check all that apply) / Variance kv Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension 1/5/2007 7. Brief Description of Request: (attach separate sheet if necessary) MI 00 .S2).\ 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the application. These costs shall include, but are not limited to:publication and mailing of notices; review by the city's engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: ig, ocp Ap . nt Signature(s) Date: For City Use Only Application Fees: / a 0 0 0 / 572, CO PAID �'c�✓illl�C�, f PAID Parcel Search Fee: , L/ 0 'r' tUr` ' -613 r- 4/50 Escrow Deposit: Di) - 00 i CITY OF SCAND1A STY OF SCANDIA VAvia✓I(� 1/5/2007 Meeting Date: 11/5/2008 Agenda Item: pc et, a Planning Commission/ City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Take final action on the application of Willowbrook Community Church for a Conditional Use Permit(CUP) for a Place of Worship on a 40.5-acre site located west of 11262 Scandia Trail. Deadline/ Timeline: Review period expires November 17, 2008. Background: • In March of this year, the City Council adopted a resolution summarizing its position on the application by Willowbrook Church for a Conditional Use Permit. The resolution set criteria for a complete, revised site plan to be submitted by the applicant prior to approval of the permit. • In April, Willowbrook requested a 6-month extension of the review period (from May 17 to November 17, 2008) to give them time for fundraising and to further evaluate their project. They have not made contact with the City since that time. • The city must act prior to expiration of the review period. Since the applicant has not fulfilled the conditions set for approval, it would be appropriate to deny the permit. Recommendation: The Planning Commission should recommend, and the City Council should adopt, a resolution denying the CUP application of Willowbrook Church. Attachments/ • Resolution No. 03-05-08-03 Materials provided: • Draft Resolution No. 11-05-08-xx Denying Conditional Use Permit Contact(s): Brad Reis, Pastor, Willowbrook Community Church 651 210-1131 Chris Doehrmann, Architect 651 639-0469 Prepared by: Anne Hurlburt, Administrator (willowbrook church cup denial) Page 1 of 1 10/31/08 CITY OF SCANDIA RESOLUTION NO. 03-05-08-03 RESOLUTION SUMMARIZING POSITION ON APPLICATION BY WILLOWBROOK CHURCH FOR A CONDITIONAL USE PERMIT WHEREAS, at the request of Willowbrook Church, New Scandia Township and the City of Scandia considered and subsequently adopted ordinance amendments to allow consideration of a church to be constructed in the Shoreland Management District, to wit: 1. Willowbrook Church approached the New Scandia Township Board regarding an ordinance change to allow places of worship as a permitted use in the shoreland overlay district during the late summer of 2006. 2. Washington County had final jurisdiction over the shoreland management regulations, and declined to consider the amendment that would be required. 3. Willowbrook Church approached the City Council after New Scandia Township became the City of Scandia on January 1, 2007 and again asked for an ordinance amendment to the shoreland overlay district. 4. The City of Scandia Planning Commission and City Council expressed concern about the impact of such an amendment on the following factors: • compatibility with the adopted New Scandia Township Comprehensive Plan, which strives to "strike a balance between the two primary considerations of preserving the rural character of the township while still accommodating a modest amount of new development"; • preservation of water quality, including German Lake located close to the proposed church site; • preservation of the view shed along Highway 97/ Scandia Trail; and • the potential for light pollution in the surrounding area; and • the impact of a large non-rural type building on the surrounding area; and • impact of a large parking lot on the views from Highway 97 and neighboring properties; and • whether or not the Minnesota Department of Natural Resources would approve the proposed ordinance amendment. 5. Willowbrook Church representatives assured the City of Scandia Planning Commission and the City Council that they understood the concerns and would work with the Commission and Council to do everything possible to address all the concerns voiced now and in the future. 6. The Planning Commission and City Council agreed to amend the shoreland overlay district to allow churches as a conditional use, under the general conditions required for a conditional uses by Chapter 1, Section 7.3 of the Development Code and specific conditions applying to a place of worship, including a 500 foot setback from the ordinary high watermark and that the property have frontage on a city or county collector street or minor arterial. Resolution No : 03-05-08-03 Page 2 of 4 7. The Minnesota Department of Natural Resources subsequently approved the amendment to the shoreland management regulations, and allowed the City of Scandia to put it into effect in July of 2007. WHEREAS, Willowbrook Church presented a preliminary architectural design and site plan for the proposed church to the Planning Commission and City Council in September, 2007, and received comments indicating that the proposed architectural design did not reflect the city's rural character, that the city had grave concerns about the location of the parking lot and church and their effect on rural character and the view shed along Highway 97; and WHEREAS, the city asked that the parking lot be relocated to the rear of the church, or the entire site plan moved further to the rear of the lot, and WHEREAS,representatives of the church said they understood the city's concerns and would submit another plan, and WHEREAS, in January, 2008 Willowbrook Church submitted a new architectural drawing for the church with a site plan similar to that previously submitted, and a public hearing was held by the Planning Commission on February 6, 2008; and WHEREAS, there was general agreement that the architectural design of the church was acceptable,but that the site plan, particularly the location of the parking lot, proposed berming and landscape design were not consistent with the city's ordinances and goals to protect rural character. The large parking lot at the front of the buildings would not be typical of farms,rural residences,historic churches or the historic Town Center in Scandia. The appearance is similar to commercial parking lots designed for suburban areas. It does not preserve or provide a"scenic vista"that is consistent with the rural character of Scandia; and WHEREAS, on Tuesday February 12, 2008 at 1:00 p.m., a properly advertised special meeting of the City Council convened to discuss alternative solutions to the concerns expressed to the proposed site plan. In attendance, representing the church were Pastor Brad Reis and Architect Chris Doerhmann. In attendance, representing the City were Mayor Dennis Seefeldt, Council member and Deputy Mayor Mike Harnetty, Council member Donette Yehle, City Administrator Anne Hurlburt, City Planner Sherri Buss, Planning Commissioner Moose Malmquist and Planning Commissioner Peter Schwarz; and WHEREAS, at the February 12 special meeting, church representatives agreed to consider revisions of the site plan to move the building and parking lot to the north by 50 feet, and to add additional planting areas within the parking lot to reduce the continuous expanse of asphalt in front of the building. The additional 50 feet would allow room for a more natural, substantive landscape plan, both land forms and plantings, which would also better fit the community. It would also help minimize the height of the building, as the building would move farther from the road and potentially be at a lower grade level; and Resolution No.: 03-05-08-03 Page 3 of 4 WHEREAS, there was consensus of the city representatives that this was an acceptable compromise which would help meet the city's objectives and also those of the church, without requiring a redesign of the site plan to place the parking to the rear and/or side of the structure.; and WHEREAS, Pastor Reis and Architect Doerhmann agreed that the alternative design, or something very close to it, would be feasible and that they would review it with other church representatives; and WHEREAS, on February 27, 2008, the church submitted a revised site sketch that failed to include the changes agreed to at the February 12 special meeting; and WHEREAS, the church has requested that the city provide criteria by which they may develop plans to meet the approval requirements for a Conditional Use Permit; 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 that the alternative plan agreed upon at the February 12, 2008 special City Council meeting is generally acceptable to the City of Scandia; and BE IT FURTHER RESOLVED, that if Willowbrook Church submits a complete, revised site plan submission consistent with the following criteria it is the intent of the City of Scandia to issue a Conditional Use Permit to Willowbrook Church for a place of worship on the proposed site: a. The building and parking lot shall be moved 50 feet north of the location shown on the plan received on January 11, 2008 and the grading and drainage plans shall be revised accordingly. b. A screening and landscape plan shall be submitted,meeting all of the requirements of Chapter 2, Section 9.12 of the Development Code, including preparation by a qualified Landscape Architect and itemization of size, number and species of all plant materials. In addition to the specific standards of the ordinance, the following guidance is given: • Additional planting islands shall be included within the parking lot to minimize the expanse of asphalt, as discussed at the February 12 meeting. • Plant materials chosen should be native species and no invasive species shall be included. • Formal plantings should be minimized in order to reflect vegetation patterns more typical of rural areas. • Any berms or landfonns used to provide screening for the parking lot, and for the surrounding uses, should be as natural in appearance as possible. Fences Resolution No.: 03-05-08-03 Page 4 of 4 should be avoided unless they enhance the natural appearance of the screening and are consistent with the architecture of the building and surrounding rural character. • Restoration of native prairie and savanna areas, or other plant communities that are native to the Scandia area, should be included in the design. c. A lighting plan shall be submitted, meeting all of the requirements of Chapter 2, Section 9.8 of the Development Code including the performance standards applicable to residential/agricultural districts. The lighting plan shall include information on the time(s) of day during which the lighting will be used and how it will be controlled to avoid a negative impact on adjacent properties and scenic views in the surrounding area. AND FURTHER, BE IT RESOLVED, that the plans described in items a, b and c above shall be submitted to the city prior to, and not as a condition of, approval of a Conditional Use Permit. Other conditions ensuring compliance with all other aspects of the Sandia Development Code and other city ordinances will be listed in the Conditional Use Permit, such as obtaining a sign permit for any signs and obtaining a building permit. Adopted by the Scandia City Council this 5th d 3 p� March, 2008. Dennis D. Seefeldt, Mayer ATTEST: City Clerk/Administrator CITY OF SCANDIA RESOLUTION NO. 11-05-08-XX RESOLUTION DENYING APPLICATION BY WILLOWBROOK CHURCH FOR A CONDITIONAL USE PERMIT WHEREAS, Willowbrook Community Church made application for a Conditional Use Permit for a Place of worship on a 40.5-acre site located west of 11262 Scandia Trail; and WHEREAS, the site is more specifically described as follows: That part of the South Half of the Southeast Quarter (S ''A of SE '/ ) of Section Eighteen (18), Township Thirty-Two(32)North, Range Twenty(20) West, Washington County, Minnesota, according to the United States Government Survey thereof lying westerly of the following described line: Commencing at the southwest corner of the Southeast Quarter of said Section 18; thence South 89 degrees 24 minutes 59 seconds East, assumed bearing, along the south line of said Southeast Quarter, a distance of 1464.27 feet to the point of beginning of the line to be described; thence North 02 degrees 04 minutes 20 seconds East a distance of 1309.84 feet to the north line of said South Half of the Southeast Quarter and there terminating. EXCEPT That part of the South Half of the Southeast Quarter (S ''A of SE %) of Section Eighteen (18), Township Thirty-two(32)North,Range Twenty(20)West,Washington County,Minnesota,described as follows: Beginning at the northwest corner of said South Half of the Southeast Quarter; thence on an azimuth from north, oriented to the Washington County Coordinate System, North Zone, along the north line of said South Half of the Southeast Quarter a distance of 377.74 feet; thence on an azimuth of 120 degrees 11 minutes 59 seconds a distance of 227.54; thence southeasterly a distance of 198.09 feet along a tangential curve concave to the southwest having a radius of 200.00 feet and a central angle of 56 degrees 44 minutes 51 seconds; thence on an azimuth of 176 degrees 56 minutes 50 seconds,tangent to said curve,a distance of 92.12 feet; thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 658.24 feet to a point on the west line of said South Half of the Southeast Quarter distant 370.50 feet south of the point of beginning; thence on an azimuth of 356 degrees 52 minutes 43 seconds along said west line, a distance of 370.50 feet to the point of beginning. WHEREAS, on February 6, 2008 the Scandia Planning Commission held a duly noticed public hearing on the application, and WHEREAS, on March 5, 2008 the Scandia City Council adopted Resolution No. 03-05- 08-03, Summarizing Position on Application by Willowbrook Church for a Conditional Use Permit; and WHEREAS, the Resolution established criteria for a complete, revised site plan to be submitted by the applicant prior to approval of the permit; and Resolution No.: I I-05-08-xx Page 2 of 2 WHEREAS, in April 2008 Willowbrook requested a 6-month extension of the review period until November 17, 2008 to prepare plans meeting the criteria; and WHEREAS, the City of Scandia must now act on this application; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does deny the application of Willowbrook Church for a Conditional Use Permit for a Place of Worship, based on the following findings: a. A complete, revised site plan meeting the criteria listed in Resolution 03-05-08-03 has not been submitted. b. The application does not meet the general criteria set forth in Chapter One, Section 7 of the Scandia Development Code for Conditional Uses. c. The application does not meet the requirements of Chapter 2, Section 9.12 of the Scandia Development Code for screening and landscape plans. d. The application does not include a lighting plan meeting the requirements of Chapter 2, Section 9.8 of the Development Code. Adopted by the Scandia City Council this 5th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator 1 : Uj , = itlo' '' 4 F 04 -,M ,; I4 :•1 1L4Z1+4 , 7 1..,.,, ',E „„„„ ce3 <4 ' 1,5 .::,ii 1.1, , 5,7:ir:HH •*,..i„11 14.o E il.'t „.,.., = 0 7 st Lti.i ,1.4-" c cl• t4=-,4 . tto I L,:A 14 i "-Ali . t.' ,„ . , ! ,,e• g i 7,,,,,,, g 1 ',t," = r3 ,'.t.?, ,,.z' rq , P 4, 4;4 ! : $;1',,;lii' i„,,,1 It•g: g; ,,si;g1 ;tr-ht:t cz roi.j . = ., h. 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