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9.b)1) Bracht Bros Annual Operator's Permit (AOP) Meeting Date: 2/21/2012 Agenda Item: � �� �� City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application for an Annual Operator's Permit (AOP) for the Bracht Bros., Inc sand and gravel mining operation located on the north side of 185th Street, east of Oakgreen Avenue and west of Old Marine Trail. Deadline/Timeline: 60-day review period ends March 20, 2012. The AOP will cover the mining season through December 31, 2012. Background: • The mining operation received a Conditional Use Permit (CUP) under the city's Mining Ordinance in May, 2008. The CUP and the ordinance require issuance of an AOP. • The planner has reviewed the application for compliance with the CUP and the ordinance, and will present the attached report at the Council meeting. Recommendation: The Planner has recommended that the Council approve the AOP with conditions. A draft resolution has been prepared. AttaChments/ • Draft Resolution 02-21-12-02 Approving AOP for Bracht Bros. Materials provided: . TKDA memorandum, with attachments Contact(s): Sherri Buss, TKDA (651 292-4582) Prepared by: Anne Hurlburt, Administrator (Bracht Mining AOP) Page 1 of 1 02/13/12 CITY OF SCANDIA RESOLUTION NO. 02-21-12-02 RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF BRACHT BROS., INC. FOR SAND AND GRAVEL MINING WHEREAS, BRACHT BROS., INC. operates a sand and gravel mining and processing operation located on approximately 40 acres on 185th St. N which is legally described as: LEGAL DESCRIPTION All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County Minnesota, described as follows: Beginning at the northwest corner of said south half of the Northwest Quarter; thence South 1 degree 17 minutes 07 seconds East, grid bearing according to the Minnesota State Plane Coordinate System in said Washington County, along the west line of said south half of the Northwest Quarter a distance of 1315.33 feet to the southwest corner of said south half of the Northwest Quarter; thence north 89 degrees 20 minutes of 10 seconds East along the south line of said south half of the Northwest Quarter a distance of 1533.21 feet; thence North 2 degrees 27 minutes 10 seconds East and parallel with a 49.60 foot wide drive as described in Book 219 of Deeds, page 588 in the office of the Registrar of deeds, of said Washington County, a distance of 730.88 feet; thence South 89 degrees 57 minutes 10 seconds West a distance of 23.54 feet; thence North 23 degrees 3 minutes 28 seconds East a distance of 400.17 feet; thence North 20 degrees 27 minutes 9 seconds east a distance of 235.12 feet to the North line of said South half of the Northwest Quarter; thence South 89 degrees 19 minutes 13 seconds West along said North line a distance of 1809.41 feet to the point of beginning; except the West 365.00 feet of said South half of Northwest Quarter. Subject to an easement for road purposes over the southerly 33.00 feet and to other easements of record, if any. And that part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 35, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows; Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 89 degrees 19 minutes 13 seconds East along the south line of said Northeast Quarter of the Northwest Quarter a distance of 494.07 feet; thence North 1 degree 12 minutes 39 seconds West a distance of 198.68 feet; thence South 89 degrees 19 minutes 13 seconds West a distance of 494.07 feet to the west line of said Northeast Quarter of the Northwest Quarter; thence South 1 degree 12 minutes 39 seconds East along said west line a distance of 198.68 feet to the point of beginning. 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 Resolution No.: 02-21-12-02 Page 2 of 2 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, Bracht Contracting. Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on January 20, 2012; and WHEREAS, the Scandia City Council reviewed the application at its regularly- scheduled meeting on February 21, 2012; 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 Annual Operating Permit shall be and hereby is issued, with the following conditions made a part thereof: 1. The maximum mining depth shall be 918 feet amsl. 2. The Applicant shall provide for the first, second (if needed) and any subsequent dust control application of calcium chloride from the "trucks hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, if determined necessary by 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 21 st day of February, 2012. Randall Simonson, Mayor ATTEST: Anne Hurlburt, City Clerk/Administrator T KDA 444 Cedar Street,Suite 1500 I Saint Paul,MN 55101 I �' � The right time.The right peopie.The ri�t comps� (651)292-4400 (651)292-0083 Fax www.ticda.com MEMORANDUM To: City Council Reference: Bracht Bros., Inc - Annual Operating Anne Hurlburt, City Administrator Permit Application for a Mining and Copies To: Natalie Fitzpatrick, Bracht Bros., Processing Operation Inc. Kirsten Pauly, Sunde Engineering City of Scandia, Minnesota From: Sherri Buss, R.L.A. Proj. No.: 15023.002 Date: February 8, 2012 Routing: SUBJECT: Bracht Bros., Inc. -Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 21, 2012 LOCATION: All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, and Washington County, Minnesota APPLICANT: Bracht Bros., Inc. 8303-216th Street North Forest Lake, Minnesota 55025 60-DAY PERIOD: March 20, 2012 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans, LBG report, and Related Submittals BRIEF DESCRIPTION OF THE REQUEST: Bracht Brothers, Inc. has applied for an Annual Operating Permit(AOP) for its existing sand and gravel mining operation located on 185th Street 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 a 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 annual AOP and operation of mining and processing activities on the site. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 31 each year, so that permits can be approved before the start of the mining season in that year. An Employee Owned Company Promoting Atfirmative Action and Equal Opportuniry Scandia City Council Page 2 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining 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, Regulation of Mining and Related Activities Regulations, which is Chapter 4 of the Development Code. 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, identified on the table below, along with the status of each item: Condition Deadline Status Specified In CUP 1. Comply with CUP Ongoing In process--monitored by City staff and consultants. 3. Comply with rules and Ongoing In process--monitored by City staff and regulations consultants. 4. Permits from None Specified Approved permit received by the City CMSCWD on July 10, 2008 and on file. 5. Installation of July 20, 2008 Initial monitoring wells were installed Monitoring Wells on September 12, 2008, and reviewed by Leggett, Brashears & Graham, Inc. (LBG), the City's groundwater consultant. A third monitoring well installed in 2009. Ground water elevation information submitted with 2012 application, and reviewed by LBG. 6. Ground Water July 20, 2008 Approved ground water plan is on file Monitoring Plan at the City. 7. Production Well Ongoing Well records are being kept and were Records provided to the City for this report. 8. Wash Plant Operation Ongoing Wash plant did not operate in 201 l; Records and will be removed in 2012. Scandia City Council Page 3 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining Condition Deadline Status Specified In CUP 9. Depth of Excavation Ongoing Maximum mining depth permitted is 918 feet amsl (above mean sea level) er CUP conditions. 10. Ground Water Analysis Ongoing The groundwater monitoring plan for Diesel Range requires that ground water samples be Organics (DRO) analyzed for diesel range organics (DRO). Groundwater samples were collected in December 2011, and results included in a report submitted with the AOP application as required. No DRO detected. 11. Updated Site Plan with July 20, 2008 Updated site map provided in AOP index wells Application. 12. Truck Signage July 20, 2008 A truck hauling sign with the distance to the access road was installed on the westbound approach to the site. A supplemental sign was added to the existing "trucks hauling" sign indicating the distance to the entrance. Signs were in place during 2011 site inspection. 13. Truck Routes-Old Ongoing Bracht indicated in the application that Marine Trail they discourage trucks from using Old Marine Trail except when necessary for local hauling. The City did not received complaints from residents regarding truck traffic on Old Marine Trail during the 2011 minin season. 14. Dust Control Plan No date A dust control plan was included in the specified a lication, and is discussed below. 15. Wetland Buffer No date The wetland buffer was marked in the specified field as required in the CUP. No disturbance is planned in that area in the 2011 application. Field inspection by City staff found that the area was not disturbed during the 2011 mining season. Scandia City Council Page 4 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining 16-20. Reclamation Plan July 20, 2008 Reclamation Plan was approved with CUP. Reclamation activities completed in 2011 related to the approved plan were described in the a lication. 21. Letter of Credit/Security July 20, 2008 The financial guarantees are current. 22. AOP application January 31 Application materials were submitted submittal annually on January 19, 2012 and were determined complete on January 20, 2012. 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. In past years, the mining operations included extraction of sand and gravel. The material was crushed and washed on-site. Activity in 2410 and 2011 was limited to material screening and removal of existing stockpiles. There is a well on the site that has been used for the washing process, and the Applicant obtains a Minnesota DNR Water Appropriations Permit annually for the well. The applicant indicated that the wash plant is likely to be removed in 2012. No mining into the groundwater has occurred or is planned for this site. The application indicated that no further mining, crushing or washing is anticipated at this site. Annual Activity-2011 The application generally includes the data required by the Ordinance regarding annual activity on the site. (The letters "cy" indicate "cubic yards" on the table below.) The activity on the site in 2011 was similar to the types and level of operation in 2010. The 2012 application notes the following: The amount of material removed from the site in 2011: 5,301 Tons (3,927 CY) (For comparison, the amount removed in 2010 was 4,458 CY)) Amount of add-rock brought onto the site in 2011: 0 CY Amount of recycled asphalt and concrete brought to the site in 2011: 0 CY Area reclaimed through backfilling, grading and seeding: portions of the central stockpiling area and eastern area near berm. Acres of reclamation not indicated. Average number of trips to and from the site per day: 3.141oads/day .Activity Proposed for 20I2 The applicant indicates that activities at the site in 2012 will focus on removing stockpiled material and completing reclamation on the site, including: o Reclamation of additional portions of the central area of the site and areas along the eastern and northern boundaries. Areas that were backfilled and sloped in 2011 are proposed for seeding in 2012. The reclamation plan indicates that an additional area in the central portion of the site will be backfilled and sloped in 2012. By the end of 2012, the majority of the mine site area will be reclaimed. Scandia City Council Page 5 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining o No additional excavation is expected at the site in 2011. The application indicates that site . activities will focus on removing stockpiled material and completing reclamation of the site consistent with the proposed reclamation plan. 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. City inspection during 2011 indicated that the setbacks are maintained and meeting City requirements. Fencing The entire mining site is fenced with 3-strand wire fencing. Locking metal gates are located at the site access points. Site inspection in 2011 by City staff indicated that the fence and gates meet 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. The applicant did not request extended operating hours during 2411. 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 2012. The CUP does 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's primary concern related to dust control at the site is the control needed on haul roads -particularly on 185th Street. The application indicates that the operator will provide dust control on 185�' Street North, in cooperation with the City. The City applies calcium chloride treatments as needed and invoices Bracht Bros. for the cost of the treatments. The application suggests that Bracht will be responsible for the first dust control application and a second application, if needed. The application describes the area for dust control applications as "halfway between Oakgreen Avenue and Olinda Trail (in front of the first house)to the eastern entrance of the site." Scandia City Council Page 6 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining The 2011 AOP included a condition that detailed the requirements for dust control during that year. The condition is somewhat different from the applicant's proposed dust control plan in the 2012 application. The AOP requirement for 2011 was the following: "The applicant shall provide for the second and any subsequent dust control application of calcium chloride from the "trucks hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, if determined necessary by the City." The 2011 condition includes the potential for more than two dust control applications if needed, and provides a more specific description of the area for dust control than the description included in the application. The 2011 condition is included in the recommended conditions for the 2012 AOP. Noise The CUP requires that all activities be conducted on the site to meet Federal, State and City noise standards. No complaints regarding noise at the mine site were received during the 2011 mining season. Depth of Excavation The application indicates that new areas of mining will not be excavated below 920' above mean sea level (amsl). This section of the application appears to be repeated from previous applications, and was not updated based on the 2010 and 2011 AOP conditions. Leggette, Brashears, and Graham, Inc. (LBG), the City's groundwater consultant, reviewed the monitoring results for the 2010 AOP, and recommended the following regarding the depth of mine excavation: Based on the historical DNR observation well data near Big Marine Lake, groundwater levels in the water table aquifer have fluctuated approximately 6 feet in a season, and as much as 9 feet over a few years. Based on recent water level data from Bracht's observation well MW-3, the water level on October 29, 2009 was at an elevation of approximately 909 feet amsl. Assuming a rise in water levels of approximately 6 feet could occur within a given year, the water table could rise to elevation of approximately 915. LBG recommends the depth of excavation not go below an elevation of 918 to ensure the base of the excavation remains 3 feet above the water table. Based on LBG's recommendation,the 2011 AOP included a requirement that the maximum depth of excavation be 918 feet above mean sea level. The same requirement is included in the proposed conditions for the 2012 AOP. If excavation does not go below 920' amsl, as indicated in the application, it will meet this reyuirement. Site Clearance No site clearing is proposed in 2012. Appearan ce/Con dition The application indicates that the Operator will maintain the buildings and equipment in a neat condition. Site visits in 2011 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. Scandia City Council Page 7 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining Waste Disposal Waste disposal from the site is required to conform to Federal, State and City requirements. The application indicates that the requirements have been followed in 2011, and site visits identified no problems with waste disposal. Ground Water Plan and Monitoring The CUP required that the Applicant prepare and submit to the City a detailed plan for ground water monitoring. The plan was completed and approved, and is on file at the City. The CUP required that the Applicant install the required monitoring wells at the site, in consultation with LBG, the City's hydrogeologist. Based on review of the initial wells and a finding that the second well was a perched condition and could not be used to monitor the water table, LBG recommended that an additional well be installed at the site. The well was installed in 2010. The applicant included water quality testing results and water level measurements for 2011 in the 2012 AOP application. LBG reviewed the 2011 monitoring data, and indicated that the monitoring was completed in accord with the approved monitoring plan. LBG identified no problems related to water quality or water levels. LBG suggested that the application be revised in two locations: • Page 2, Item 7 should be revised to be consistent with Item 7 on page 4, which indicates that no excavation is planned in 2012. • Page 5, Item 12 should be revised to reference monitoring well number MW-1, since the lab report submitted with the application does not reference where the sample was collected. The well location was verified by Sunde Engineering. LBG provided updated well hydrographs for review and for the City's records. Fuel and Chemical Storage The application indicates that fuel and chemicals are stored according to City, State and Federal Standards. The applicant complied with these requirements in 2011. Contingency Response Plan The applicant has provided a Contingency Response Plan to the City. 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. Trucking Operations The application indicates that trucks will access the site from 185th Street North. The CUP requires that the Applicant discourage trucks from using Old Marine Trail. This is confirmed in 2012 AOP application. Scandia City Council Page 8 February 21, 2012 Bracht Bros, Inc., 2012 AOP for Mining The Applicant installed the signs that were required by the CUP in 2008. The signs were noted in the City's inspections in 2011. 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 2012 application indicates that reclamation activity in 2011 included backfilling and sloping with the Phase 2 area on the site plan. The western portion of the graded area was seeded. The application indicates that in 2012, backfilling will continue toward the central stockpile area, and will include seeding the portions of the site that were graded in 2011. SITE INSPECTION The City's staff completed site visits and inspection of the Bracht Mining Operation several times during 2011. Staff also took photos during the site visits to document site conditions. No issues related to CUP compliance were identified in the site visits. ACTION REQUE5TED: 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 if the Council identifies a need for additional information. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the 2012 Annual Operating Permit for Bracht Bros., Inc.,mining and processing operations, with the following conditions: 1. The maximum mining depth shall be 918 feet amsl. 2. The Applicant shall provide for the first, second (if needed) and any subsequent dust control application of calcium chloride from the "trucks hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, if determined necessary by the City. ACTION REQUESTED: Staff request that the Council review this Report and approve the AOP on February 21. January 2012 ����� �� �o' ���e Zo�Z a�P�icA�«� �o� rHE IIo►►NNUAL OPE���1?S I�ERM1� SCANDIA, MN � �� _ �'� � � r.� ; Ca»�uhing Civr!L'ngrneers Suude Engineering,i'LLC. 10330 Nesbitt Avenue South • Bloomington,Mu�nesota 55437-3100 Phone:(952)881-3344 • Fax: (952)881-1913 • E-Nlail: info�sundecivil.co�i� APPLICATION FOR ANNUAL OPERATORS PERMIT BRACHT BROS.INC � SANp AND�RAVEL MtNING OPERATION CITY OF SCANDIA � WASHINGTON COUNTY,MINNESOTA I. 1NTRODUCTION The follovuing Annual Operators Permit(AOP)application is suhmitted on behalf of Bracht Bros., Inc.(Bracht Bros.)in compliance with the Cify 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.own and operate a gravel mining and processing operation in the City of Scandia, MN. Mining of sand and gravel at the site predates any type of permitting requirements. However, prior to the incorporation of Scandia in 2006,the site was issued five year permits from Washington County 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. _ !I. ANNUAL REPORT A. Compliance with CUP: 1. Updated Copy of Application Material: A bound recompilation of all of the information and plans submitted to the City during the CUP p�ocess is on file at the City. 2. Watershed District Permit: A Watershed Disfrict Permit was obtained for the site and is on file at the City. 3. Monitorinq Wells: Three monitoring wells have been installed at the site.Groundwater level data is included as Attachment 2. 4. Groundwater Monitoring Plan: An approved groundwater monitoring plan is on file at the City. 6. Production Well Records: Records of the produ�tion well are kept. They wifl be provided to the City upon request. 6. Washplant Operation: Records of when the washplanf operates are kept to identify when the production weli is pumping. The washplant was dismantled in 2010 in conjunction with site �ecfamation activities and is anticipated to be removed from the site in 2012. Bracht Bros.,Inc. Page 1 2012 Annual Operators Permit Application January 19,2092 7. Depth af Excavation; Bracht will not excavate any deeper than 920 ft above mean sea level until authorized by the City. Once the water level data has been reviewed and analyzed by the City's consulting hydrogeologist,fhe depth of excavation elevation will be established based on the elevation af the groundwater, This elevation will be a minimum of 3'a6ove the groundwater table. S. Groundwater Analvsis; Groundwater is sampled and analyzed for Diesel Range Organics (DRO}as indicated in the groundwa#er monitoring plan.DRO was not detected in the 2011 sampling event. Results are included as Attachment 1. If gasaline is stored on site in the future,GRO will also be added to the analyte list. 9. MN Countv Well Index: There are no wells on file in the County weN index system that are focated in the area depicted on the Site Plan: A County Well Index Figure is on file at the City which shows the location of the County WeEI Index wefls in the vicinity. This information was also provided on Figure 2 of the permit applica#ion materials. 10. Truck Haulin4 Sians: A truck hauling sign with the distance to the access road was instaNed on the westbound approach to the site. A supplement sign was added to the existing trucks hauling sign indicating the distance to the entrance, = 11. Old Marine Trail: Bracht Bros.discourages trucks from using Old Marine Trail except when necessary for local hauling. 12. Qust Control Plan: A dust control plan is included as Item B5 of this application.This is fhe same dust control plan previously approved for fhe site. 13. Wetlands: A fifty foot buffer area from the we�ands is permanentiy marked in the fleld. 1'here will be no futura distur�ance of vegetation of mining activity within the setback area. 14. Updated Reclamation Plan: Current reclamation progress is indicated an the aftached Site P{an. 15. Final Elevations: The approved ReclamaGon Plan indicates that the lowest final grade after reciamation will be at least ten feet above the highest groundwater elevation. B. Operating Conditions: The site operates in accordance with operating conditions regulated by Section 7 of the Scandia Ordinance 103, 9. Setbacks: No mining, stockpiling or fand disturbance activities,with the exception of berming take place w�thin the setback areas. Minimum setback areas are maintained as fo!lows; • 50 feet from an adjoining property line Bracht Bros.,Inc. Page 2 2092 Annual Operator's Permit Application January 19,2012 • 200 feet from an occupied structure existing on May 20,2008. • 100 feet from any contiguous property subdivided into residentia!bts 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 poin#s. 3. Hours of operation: The Site is opera#ed from 7:00 a,m,to 7:00 p.m. Monday fhrough Friday except holidays. Extended hours may be required periodically far situations such as emergencies, accelerated work schedules or weather delays. Extended hours w�re not requested in 2011. If operations a�e 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 af Scandia in accordance with pracedures set forth in Ordinance No, 103. 4. Screening: Landscaping has been compEeted 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 wsfi established and provide excellent screening of the site. Processing and stockpiling operations are conduc#ed in recessed portions of the site to minimize visiblity. No additional screening activi#ies are planned far 2012. 5. Dust control:This plan addresses dust control measures which are implemented at the gravel mining Site. a. S#rippinq Operations: Dust production at the site is related predominately to wind erosion of the topsoil, stockpiles and mining activities. Due to fhe size particles in fopsoil it is subject to three times greater erosional iosses than the underlying sand and gravel deposits. Wind erosian,which creates dust,will be most prevalent during periods of stripping. The majarfty of the site where mining will occur has been stripped. The only additiona!stripping will occur in conjunction wif�the restoration af the site when the eastern portion of the site will be s)oped 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 tapsoil to expas�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 praper establishment of vegetation. A!I berms on the site have been stabilize�. b. Mininq and Processing Operations: Mining operations contribute to dust productian in the extraction, processing and#ransportation of product. Mi#igative Bracht Bros.,Inc. Page 3 2012 Annual Operator's Permit Application January 19,2092 measures which can successfully be applied to various aspecfs 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 moisfure content of the deposit minimizes dust generation. c. Dust Control on 185�Street North and Old Marine Trail: • 185� Street: The operator will provide dust control on 985� Street North. Historica{{y this has been accomplished in coopera#ion wifh the City of Scandia. The Cify of Scandia applies calciutn chioride treatments as needed and invoices Bracht 6ros. Bracht Bros. wiil be responsible far the second application, if required, applied haffway between Oakgreen Avenue and Olinda Trai! (in front of the first house) to the eastem en#rance to the site. The calcium chloride treatments have been applied as the City deems necessary, typically 1 or 2 treatments per year depending upan weather and truck hauling activity. The City bills the operator for the dust control application. The operator agrees to continue this method and extent of dust control on 165�Street North. • Old Marine Trail: The CUP requires#hat the operator discourage trucks from using Old Marine Trail. Therefore, only if �here is a local jab 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 wili contact the City prior #o beginning the job to determine appropriate dust controi requirements. 6. Noise: All activities are conducted so as to be in accordance with al!Federal,State and City noise standards. 7. Depth of excavation: New areas of the mining operation wilf not be excavated lower than 920'above mean sea level until at least three monthly water level readings have been taken from the new manitoring wells, No additional mining is anticipated in 2012,only removal of stockpiles and reclamation activity. The water level results will be analyzed to determine the appropriate minimum minfng depth and the proposed excavafion depth and the water ieve!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 fhe highest groundwater elevation. 8. Site clearance: There wi11 be no clearing at the Site in 2012, Bracht Bros„Inc. Page 4 2012 Annual Operator's Permit Application January 19,2012 9. Appearancelcondition: All buildings, plants and equipment at the Site are maintained in a neat conditian. Weeds and other unsightly or noxious vege#ation a�e controlled as necessary to preserve the appearance of the reclaimed areas. 10. Sanitary Facilities: Poriable sanitary facilities are provided in the operating areas. 11. Waste Disposal; 1Naste generated from the operation is disposed of in acwrdance with Federal, State and City requirements. 12. Water�uali#y Monitoring: An approved groundwater manitoring plan is on fife for the site. Water quality testing resulfs are included as Attachment 1. Water level measurements from 2011 are included in Aftachment 2. 13. Fuel and Chemical Storage: All fuel stored on site is stored in accordance with Federal and State standards. 94. Contingency Response Plan: In the event of a fuel leak or spill,immediate action wili 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 requi�ements that the Cify may find necessary to adopt for the pro#ection of health,safety and welfare and/or prevention af nuisance, 16. Processing: The Site operates permanent processing equipment in accardance with all Federal 5tate and City air and water guality and noise standards. Processing equipment is screened from view from other properties and adjacent roads. Portable crushing and screening equipment is placed an the floor of the facility and setbacks per Ordinance No. 143 are maintained between the processing equipmen#and the property lines. 17. Recycling: No recycling activities occurred on-site in 2011. Recycling is not anticipated in 2012. 18. Trucking Operations: The site accesses 985th Street North,a gravel city street. All loads leaving the site are loaded in accordance with State law. Loose material is cleaned from the fruck and tires p�ior to exiting the facility. 19. Asphalt Plants: No asphalt plants are operated at this site. B. Annual Activity Activity in 2019 was limited predominantly to some screening and removal of stockpiles. There wi(I be no fur�her mining,crushing or washing at this site. There are some exis6ng Bracht Bros.,inc, Page 5 2012 Annual Operator's Permit Application January 19,2012 aggregate stockpiles remaining on site that will be removed as product is sold. There may be limited on site screening. The majority of activity in 2011 was related to site reclamation activities. Bracht Bros. intend to complete final restoration in 2012. 1. Amount of gravel removed from the site in 2011: 5.309 tons 2. Amount of add-rack brought onto the site in 2011: ,0 cv 3. Amoun#of recycled asphalt brought to the site in 2011: 0 cv 4. Amount of recycled concrete brought to the site in 2011: 0 cv 5. Area reclaimed and type of reclamation(In 2011):backfilling and sfoping took place within por�ons of the central stockpiling area and eastern edge of the project boundary near the east benn. Slopes were graded to a minimum of 4:1, and black dirt was placed as topsoii. Portions of these backfilled and sloped areas were seeded. Other newly graded areas have not been seeded,as indica#ed on the Site Plan. Seeding is intended to be completed for these areas in the spring of 2012. In 2012,backfilling will continue in the fina!reclamation phase towards the central area of the pit floor. Placement of topsoil - and seeding and mulching of all areas is anticipated to be completed in 2012. 6, Average number of frips hauling material to and f�om the sife per day for the season: In 2011 a total of 565 truck loads were hauled from the site. Based on 180 operating days, this is an average of 3,14 loads per day. C. Description of opera#ing conditions planned far the coming year: 1. During the 2012 mining season,focus will be on reclaiming the site in accordance with the approved reclamation plan.A limited amount of material may be hauled from exisfing product stockpiles currently loca#ed on site. 2. Site Plan: A Site Plan is attached which iqustrafes the lacation of active mining, stockpiling,pracessing and recfamation locations anticipated in 2012. 3. Aerial Photo: A 2011 aerial photo is attached that shaws the location of active mining, sfockpiling,processing and reclamation locations anticipated in 2012. 4. Reclamation: Reclamation activit�es in 2019 consisted of backfiiling and sloping portions of the site as indicated on fhe Site Plan. The western portion of this graded area was seeded. The central and eastem graded area wiil be s�eded in the spring of 2012, Reclamafion activity fn 2012 wili consist of continued backfilling towards the central stockpile area and seeding po�tions of the site that have been graded in 2011.. 5. Operating Conditions for 2012: Activity wili focus on removing stockpiled material and completing reclamation of the Site. Brachf Bros„inc. P�e 6 2012 Annual Operator's Pemtit Appiication January 19,20i2 D. Inspection: The City conducts an annual Site inspection. III.CERTIFICATION I certify that the plans,specifications or reports for the above described facility were preparetl by me or under my direct supervision and that I am a duly Registered Professional Engineer untler the laws of the State of Minnesota. Kirsten Pauly Reg. No. 21842 Date: January 19,2012 Bracht Bros.,Inc. 2012 Annual Operator's Permit�lpplication Page 7 January 19,2012 Attachment 1 --Water Quality Testing Resufts Bracht Bros.,Ino. Page 8 2012 Annuai Operator's Permit Appfication January 19,2012 JPN-:6-50i� l.�39 Frvm:3RF1C•ff '>"�1 949 'f�kAi 7�-�=6B_1913 =.2�E o M:■+WyA.�R■�anr,Yti 1�I�A� ana��M��a-�wi.a�a r�.�ttwn N�Hry��4Y$fV I �t�R•N7 wr+��.Yr+cu.r�uara • I w�u naz��3cu«�te�nx.�.,a ' I Pooan��nw. w,r�.e -�' �,•��•� � . WiwpW Me��y�yviNn ' �.. yiYm w4ttaltM76i r,clacbM ta11Nn�7YJ ��ocart�nn• •:nanta:su Vlnl• :�6f '� Re�Om�lo�i � io�u1� a'.i �saSfLirR LF P.�lpl! AY4py1 CL:I�ae Cu01 ..+«.--..��� �.r�........-�,......,.--..... tiSIbOG�6 F1nyliMMnmM11'at�.�r�+A r+e�uintv�+er wiu0cpF0 i at..rrt■mun��r uany. a�o i �aranta�g �9�i�,rn��.so � rrA�eerralM(3f •ia 61tq 1 tb'�+u11[E'i li�l(�H1PM • E : L , G� •� 1 - • �� � •. E � •, : ,_ i - i � i . � .... . ' . • �i'� t'� �•.r�• �•'�67 i i . s: ,') ' . . . .. i � �� I , . . � . 6 � , � . _ . 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' .'� , . e ea�. +ca �.�o .�o �cao �a.� � j riw�9lu _. �+N G1e lHG,11 ROOXI 'J!Hpi'1.R� YmN� RP� (M'� A�BIro aur iuoae av�sa� —"ro+� o z e 'i:i n ee i�-na`_ �.o . ii.. ^ . r llk�r�iepe(� a 74 � �ifiA i i r I� � _ - t . � ' , �. � (a0W INR2�11dL•IOPN R�pQ1�T�QF�,A[�pRp'�'Q(ir�NAL1'at$ R(�hOHI . tin quA wal�e�ionmi.aa orq.iJ. sRa�u�Mwa:s�N1�1 Px�t�+9�Aotuiw�� 109i621$ 6 0f`•7 ' Bracht Bros.,Inc. Page 1D 2012 Annual Operator's Petmit Application January 19,2012 JPFI-_6-=01c 11:3� Fror�:°FX1CsT f�I 9f�y 'l51.ti Tct9�B1.7f:S p,q�� � 7 '� 'u0�111�0��k14���.11l. � � �I�� 'T�/M�-[:h1AD � � f � M�r�aW�� WqlpotAYp'�1l1 � R19Gki�IT1- I � 1.,.p•s• [SYAI.IFI� YMJs-t MII+tn:i�rl�l4niirs:iura � M�ehq�roa. M�ti�9�A GFFNTIpM9 ' � �-Mu1b�Mx�xPr�pp•lo�.}ep�owrtnim'aclo�ae�Ic�s���rrepaiaddMenbWderR�:xrrscLPhM�e�dlNoaM � I��qO''b{i�Jf.qYfNWeannleµ _ . 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L''6t0�•L�7[M/sS[i+MrO�^a�Trh IC�IQPI01 ,.,i . b�it�l•L'allh�qPS'�i Illw-!il f .ir�:: � m�IQ JIM�CI�A RFD•RNWwpraa�D{"utl'at � vy-MCI Ca�yqa�. � m-BunArt-tip�m{.y ° v•I�d�M�oepCW�S��y�'�YW Nq+�6oe�Dy � I�dlkarc dl►x��lsar�Nocaprerrtl�xbooasrreMYem�ler�eqe,vMoiviqMelMAy7N "�arola6lepella0f[r , q�eMa'emvbacoaNi'MOQr�mrlky4 � . rassam�pca��wmowleeu Cnnlnrryarteeaoxmned�6flt�N�0�P0er�'Mym. 11oW�o�FI�Q�ALIMI�tY � � 'N'S�u•tneta . : : • � ' "" ' � � ��� �Leoo�en�arooeM¢raMhatt�snemnmo�tmear�ar.��onpoMC9tlopromC01�!Iti0q�lpqwH4 I �1AIn1171o0rnp4,►�almlln�iroeeeoun��piocemhu0reg.n .�,.;. :_� i i ' s�l :��.r. �: t . . � � I � • . � . � � 1 �*''1���2G•t'v1.;EFN RC'�pRT4PtAA4R�►TqpypNAIYSIB Pho7Na • �hkn}.'r In»+�al t�Hp�liiC p'.i�'�NL i a1N�ai nwN�e7mrlal Aoa Mvjfeu ee:MI IM � �a�7aats 7 a11� Bracht Bros.,Inc. Page 1� 2Q12 Annual Operator's Permit Application January 19,2012 ----- --- �• _._ . . . . .. . .... _ __......._.. , ......--- �� � �Ak-:.6-2FP_2_i�34 Fram�Btcy�y- �;:i 4u T.i_B Tn75F+,F[l11yl.S P.S�o t � �0 PNa�tndirwl iinlMY,Na, 7N6N^��n��-CrN70o i � VH'.�pJ�,MPlbzf{ � j ¢!t?�R1tiq ! f QU�i,fYYtitYN'fFtbL DATA CROC's9'i RGFf�iG$ICfi TABL'c � r F�{90b 1�7AHd�:rN�p•r.�nnn � rra.Ao�unu tofratl� i !J ��Ya �iP N� 8fp11��W 4a RPa?I AioNx+R t�mldn wW/11aENNtaI tMcq I io'yxg�emry' . .•�MenNcdnptlhu v+lAl�pRo D�el'„?4P7,'h1M94DR0 ���o�`� I � • �� .. ..:� �, •� ti. � , � . ti ,.�•�:�. , ! " i I ,:;��� :.. ,��, � . o��:, , ._ . . ,— - i � , , . , . , � � � ► , . � , , ! � � h''� , � , � �'�'-��t�,.,er�, R�►oRTdF4ABCRA70K'YAH�ILYS16 •.�,�we• Ybuyyn:dr.��.�Musw4"4Pbro1 wnaa e�uas•wrear�rraoe t��kue�..►��.ms � '13'17421$ B Of i2 � Brachf Bros.,Inc. Page 12 2012 Annual Operator's Permit Applicafion January 19,2012 JA`-16-=81� f1=� F'rom:EPJ�CNi 6''al 464 7512R 'a�CS��f9i19_3 p,ri6 • ���;�,,,,��,,r,� �ea 5amgling Fieid Da� L�g SJ�t �' ' ( . � .Cd as ,��� ' IJ�ttiorinp Nahit Ip /Y!eh�S�l���_,tir �f,f� � L�bihd M�'sNin Alam�fer��,�'u'� K°�� �['„� �nc�4,do� C�hlaror�aa: vc C1 t� n eer+ew 9a+! C u�d.c • •� .Xe�il� l� � ,Url&1(`�• t... j¢� ,i.y . ToA 0I 0aekre�lsv�tiort Mata�_.--�-�.. Faat i Wu6 depab���ldltelB .'4 Fdet ! A"•MIp V19�!'IAV4��.�IRG�O�R fiE{O!p P�A��A �}�fi ����� � . 9latla wat�r leyel ineaa:n�ent ad ttne flf o0.ripN� � � _r,� S�Ne Wa ir L�sv�f @lo arton Flo9'cvo purying ypQr� •,._._.� ��� • �F)9 k191hCd_�i�►--��F �tl�,� o .y' b �ri ,r w 1���� o�a Aur�.a ,��.�/.3� at�r�h,r„n ,,�,_r-ed ' 1�r.a p etl T � ���j � '"p -.�l,PPQ=�.—..._, �mac�irwvouu�wrJ.IGAL�..��v►°�p ; R�"�K'�'�0_,....l�t-�...�__.�A t�PAI VotymeFurBeQ,�,j�_,GtMenb ' � . OamSempletl_L�-13-1/ :i^,x:..." • ;"a�� ' . T�eam�d a.3 aH_ c�uw �a.o �/...�r r� i ���EI 6qu�• o. y Bp�o.Contl.�(pmredem} Torbfal��"��1�u} � --- -- -----— ��,,�1�a1 Eeti�ny � A�w�r'�Yd Ly � fWd►IRneinamehbTAmp.Cotrr�r��R Ynn peo � N!► �kr 9olubhr N1oWlo Fl�:uryr�In Flm� ['I Y11q v Np �q V�la�+�r Con¢#�o�x Gu�� nnC: ° � ' Ben�ptbAodc� � i � d � e. �wrvalloa� �' • /"' .�_ — / I _.._...,'., ';I'� �Uii I,w � �¢• �_ ��6y1ibJ . ` i: /�[f � � L ... � 6 7'..r oo � �},g �.,d l� 7. 1 0� , ,� .. � _....— —�------ ..�T ' f ��a«:��-► �---- ._�._..._-�-_.__ Nan,.�+f�Onase,taw4�� �'d/ . e� d'k:a � ��r�e�oM��b��: �`��,�.. �: 1�--��—rr Bracht Bros.,lnc. Page 13 2012 Annual Operator's Permit Application January 19,2012 Attachment 2-Groundwater Elevafions �unn►-� �� �nw-s Nnn►s To of Casin OC 940.17 To of Cesin OC : 967.48 To of Casln TOC' 933.37 Depth Grouxl- ! Gro�d- Growid- to watet 'Depfh to water ;Depth to: water 1Nater ;Eleva6on Water 'Elevation Water ;Eievatlo Date {ft btoc) (feeU Date {fl btoc} {teet} Daie (ft btoc) n(feet) 30.Dea08 29.50 916.67 30-Dec-OS 35.25 932.24 3U-0eo-08 22.92 910.45 19-Mar-09 30.33 909.84 19-Marvo9 36.33 931.18 19-Mar-09 23.83 909.54 14-A r-08 3023 909.94 14-Apr-09 36.54 930.95 14-A r-49 23.63 909.74 7-Jun-09 3Q.58 909.58 7Jurr09 35.38 932.11 7-Jurr09 23.89 909.48 12-At�-09 30.87 908.3D 12-Aug-09 38.87 930.82 12-Aug-09 23.83 909.54 29-0Ct-09 31.67 908,50 29-Oct-09 36.83 930.66 2g-0a-pg 24.33 909.04 2„lu�-10 3125 908.92 2-�un-�0 37.67 929.82 2-Juh-10 25.00 908.37 22 Aug-10 32.25 907.92 22-A�9-10 36.83 930.6& 2z At�-10 32.42 908.16 18�Iov�10 32.67 907.50 1&Nov-10 36,33 931.16 �8-Nov�10 32.88 907.70 21�1urr11 32.48 907.71 2��Jurrf� 35.50 931.99 21Jun-11 30.63 909.95 28Se -11 3i.50 908.67 28-Sep-11 - - 28Se -11 3925 909.33 13-DeG1i 31.54 908.63 13-Dec-11 - 13-Dac-11 31.35 909.22 •ralsedto940S78 july3a,2010 . 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S �di � w` 1 , 1 '4"� k 4 . .9 t';i�f� � y����� {� : � �� �,�� �� .�'e���,"��y- � x .,�����"��`...�"��r�''41 a. �a 6 �� w���k }, ��,�+ r��.�' „'+,„�� .��. >�_.-� jj � > � '� �,�3� '� � ��t;�' + � - � � g � ' '�� � z ; � � ��,u�' �� � _,�; � , , � ,,� � . �� - � _ � z� � ; � �..� ` ��� � x �1a�*3a,�' } � .a�:'�! x S �' y �t�,�., x' `� v�� � £ �� � ,. P�'�� "�%, v ��1'-, c. �� � 4 � c, �,...1 � � �� i} � x,'�..h ��� — -- _ , � A��'�1.� ���������� Sourcc:: Bir�y Maps . 201 � Nicrosofl Corporation 2010 /�eriGls Express Sherri A. Buss From: dave.hume@Ibgmn.com Sent: Thursday, �'ebruary 09, 2012 12:57 PM To: Sherri A. Buss Subject: Tiller and Bracht 2012 AOP App review comments Attachments: Tifler 2011 hydrograph with threshold.pdf; Tiller 2011 hydrograph.pdf; Bracht hydrographs 2011.pdf Sherri, betow are my comments. Tilier 2012 AOP Aaplication • The 2012 groundwater monitoring was compfeted in accordance with the approved monitoring plan; • Chemistry resutts indicate no concerns as DRO was not detected above the method detedion limit in any sampies; • Groundwater flow direction across the site is genera!!y co the north and consistent with previous submittals; • The label"MW-G"on the site map should be revised to "PZ-6";and, � The location of the"pond"where the surface water level elevation measurements were collected should be shown on the map. Bracht 2012 AOP Aqplicatian • The 2012 groundwater monitoring was completed in accordance with the approved monitoring plan; • No groundwater concerns as DRO was not detected in MW-1; • Page 2-Item 7:The section should state that no excavation planned in 2012 to be consistent with item 7.,page 4. • Page 5—Item 12: This section should reference MW-1 since the lab report does not references this is where the sample was collected. I will canfirm with Kristin at Sunde. Updated weli hydrographs are attached for your file. - Let me know if you have any questions. Thanks, Dave David S. Hume, PG . Sr.Associate/Hydrogeologist Leggette,Brashears&Graham,lnc. 8 Pine Tree Dr.,Suite 250/St_Paul, M{d 55112 Direct:651-558-9207/Mobile:612-805-0919/Fax:651-490-1006 dave.hume Ca�lbgmn.com www.lboweb.com 1 N �-i \ t-i \ �Y 1 [ t-1 � 3�' � d � \ � M d � _ � " � � � e�-1 \ l0 \ � N fi.�;': � ��, i � f al � � } � O O � ;�: o '� _ � Q � Q t�. � o�o > O p �d' � W N Q 4 N � � u �' o w � N o- � N Q O h' � N � � � � a � o � � � 1— N � � � N T � � N (J c C1 O a !i c p� � p[ fd `�e•-a p i#� \ � ` � l0 � ` > n N . � �, � N �:`�� X � � N e `~ m �: L N + � O C ' � 3 c � - � g N � � � � N � � � n � s \ L ' � v �-+ 3 Q � � � 0 � --- ----r-----------r--..�_--v ----- _—�---- ._ -�--- ---— ,- ao N 0 0 0 0 0 0 0 d' M M N N ri � O O1 Q1 Q1 01 Q1 O1 Q1 (�siue�aa¢)uo��ena��