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9.b)2) Tiller Corporation Annual Operator's Permit (AOP) Meeting Date: 2/21/2012 Agenda Item: � , `� � ���� 9 j / �� O� ./ 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 Tiller Corporation sand and gravel mining operation located at 22303 Manning Trail. Deadline/ Timeline: 60-day review period ends March 23, 2012. The AOP will cover the mining season through December 31, 2412. 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 Tiller application includes the adjacent site formerly operated by Dresel Contracting, Inc. on 218�' Street, west of Lofton Avenue. The AOP must also comply with the CUP issued for the former Dresel site. • 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 02-21-12-03 Approving AOP for Tiller Corp. Materials provided: • TKDA memorandum,with attachments Contact(s): Sherri Buss, TKDA (651 292-4582) Prepared by: Anne Hurlburt, Administrator (Tiller Mining AOP) Page 1 of 1 02/14/12 CITY OF SCANDIA RESOLUTION NO. 02-21-12-03 RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF TILLER CORPORATION FOR SAND AND GRAVEL MINING AND PROCESSING WHEREAS, Tiller Corporation operates a sand and gravel mining and processing operation and asphalt hot-mix plant located on approximately 435 acres at 22303 Manning Avenue North, on property legally described as: The Southeast '/ of Section 7, in Township 32 North, of Range 20 West; and that part of the Southwest % of the Southwest % of Section 8, in Township 32 North, of Range 20 West, described as follows: Commencing at a point in the North line of said Southwest'/o of the Southwest '/of said Section 8,22 rods East of the Northwest corner thereof,thence West along said North line to the Northwest comer of said Southwest '/ of the Southwest '/,thence South along the West line of said Southwest '/4 of Southwest %<to the Southwest corner thereof,thence East along the South line of said Southwest'/ of the Southwest'/a distance of 42 rods to a point,thence Northwesterly in a straight line to the point of beginning; and also a strip of land 2 rods wide on the North side of said Southwest'/< of the Southwest %,commencing 22 rods East of the Northwest comer thereof and extending to the Northeast corner thereof. That part of the South Half of the Northeast Quarter of Section 7,Township 32 North,Range 20 West,Washington County,Minnesota,described as follows: Commencing at the Northwest corner of said South Half;thence Easterly along the North line of said South Half a distance of 1223.40 feet to the point of beginning;thence Southerly,parallel with the West line of said South Half,a distance of 1319.60 feet to the South line of said South Half;thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of said South Half;thence Northerly along the East line of said South Half a distance of 1317.76 feet to the Northeast corner of said South Half;thence Westerly along the North Line of said South Half a distance of 1422.96 feet to the point of beginning. Subject to 228`�Street North along North line. That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast Quarter of the Southwest Quarter of Section 7,Township 32,Range 20,Washington County, Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in Book 312 of Deeds on pages 19 and 20. Subject to County Road 15A. Subject to easements of record. The North One-Half of the Southwest Quarter(N 'h of SW %) and the Southeast Quarter of the Northwest Quarter(SE % of NW '/o) all in Section 8, Township 32, Range 20. Except: All that part of the Northeast Quarter of the Southwest Quarter(NE Y<of SW '/)of Section 8,Township 32,Range 20,Washington County,Minnesota lying East of the centerline of County State Aid Highway No. 1 (Lofton Avenue). ' Resolution No.: 02-21-12-03 Page 2 of 4 That part of the Southeast Quarter of the Southwest Quarter(SE '/ of SW %) of Section 8, Township 32, Range 20 lying West of the public highway as the same now runs over and across said tract, except the North 2 rods thereof; and that part of the Southwest Quarter of the Southwest Quarter(SW % of SW '/) of Section 8, Township 32, Range 20 described as follows, to wit: Beginning 22 rods East of the Northwest comer of said Southwest Quarter of Southwest Quarter (SW '/< of SW '/<);thence Southeasterly in a straight line to a point 42 rods East of the Southwest corner of said Southwest Quarter of Southwest Quarter(SW % of SW '/4);thence East to the Southeast corner of said Southwest Quarter of Southwest Quarter(SW '/a of SW '/),thence North to the Northeast corner of said Southwest Quarter of Southwest Quarter(SW '/ of SW '/),thence West to the point of beginning,except the North 2 rods thereof,said tract. Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32,Range 20,Washington County,Minnesota,lying Westerly of the center line of County State Aid Highway No. 1,as the same is now laid out and traveled,said center line is described as follows; Beginning at a point on the South line thereof distant 3730 feet Westerly of the Southeast corner thereof(for the purposes of this description,the South line of said Southeast Quarter of the Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West);thence Northerly along a curve concave to the West,having a radius of 2864.81 feet and a central angle of 7 degrees 12 minutes 48 seconds,a distance of 360.67 feet,the chord of said curve bears North 14 degrees 39 minutes 10 seconds West;thence North 18 degrees 15 minutes 34 seconds West, tangent to said curve,a distance of 282.59 feet;thence Northerly along a tangential curve,concave to the East,having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds,a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest Quarter,and there terminating. And lying Easterly of the following described line: Commencing at the Southwest corner of said Section 8;thence Easterly along the South line of said Section 8,a distance of 1714.61 feet to the point of beginning of the line to be described; thence Northeasterly,deflecting to the left 83 degrees 54 minutes 52 seconds,a distance of 623.51 feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter, and there terminating. Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32 N,Range 20 W,described as follows: Commencing at the Southwest corner of said Section 8, thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of beginning of this description;thence Northeasterly deflecting to the left 83 degrees 54 minutes 52 seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter of the Southwest Quarter of Section 8;thence Easterly along said North line a distance of 757 feet, more or less,to the center line of County State Aid Highway No. 1;thence Southeasterly along said center line a distance of 305 feet,more or less,to the South line of Section 8,thence Westerly along said South line a distance of 862 feet,more or less,to the point of beginning,according to the United States Government Survey thereof and situated in Washington County,Minnesota;and Dresel Property: PID 1703220220002 Sect-17 Twp-032 Range-020 PT N1/2-NWl/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 Resolution No.: 02-21-12-03 Page 3 of 4 Sect-17 Twp-032 Range-020 PT NE1/4-NW1/4 173220 COM AT NI/4 COR OF SEC 17 THEN S ALONG N&S1/4 LINE OF SD SEC A DIST OF 527.SFT TO PT OF BEG THEN CONT ON SAME LINE A DIST OF 443.SFT 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.SFT TO A PT THEN ON A DEFLECT ANG OF 90DEG.TO RT A DIST OF 491FT TO PT OF BEG SUBJ TO EASEMENT AND THAT PT NE1/4 NW1/4 S17T32R20 DESC AS FOLL:COM AT THE N1/4 CORNER OF SEC17 THN SLY ALG THE N-S1/4 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.SSFT 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 SEC17 THN WLY ALG THE N LINE OF SEC17 A DIST 355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NE1/4 NW 1/4 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 ALG SD N LINE A DIST OF 770FT M/L TO THE N-S 1/4 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 1966, 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, the production of hot-mix asphalt, and the recycling of concrete and asphalt products; and WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this mining facility in 1987, and a second EAW was completed in 1999 for a proposed expansion of the facility; and WHEREAS, the scope of operations and mining limits proposed in the current permit application to the City are consistent with the scope of the operations and mining limits reviewed in the 1999 EAW, 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 and processing operations on May 20, 2008; and WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on January 23, 2012; and WHEREAS, the Scandia City Council reviewed the application at its regular meeting on February 21, 2012; Resolution No.: 02-21-12-03 Page 4 of 4 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 Applicant shall continue to provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non-pumping conditions during monitoring periods. 2. Requests for overnight hours shall be accompanied by a proposed truck haul route for approval by staff. 3. The Applicant shall inform all of its contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: • Engine braking is prohibited in Scandia • Lofton Avenue is restricted to daytime use only • Haul loads are required to be covered 4. The Applicant shall submit a copy of the updated Spill Prevention, Control and Countermeasure Plan to the City before the start of 2012 asphalt production. 5. The Reclamation activities shall meet the requirements of the Conditional Use Permit, including soil and planting requirements. 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 Clerkl Administrator TKDA 444 Cedar SUeet,Suite 1500 Saint Paut,MN 55101 ,� . The righc time.The right peopie.The ri�t cwnpa� (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Tiller Corporation—2012 Annual Anne Hurlburt, City Administrator Operating Permit Application for a Copies To: Mike Caron, Tiller Corporation Mining and Processing Operation Kirsten Pauly, Sunde Engineering From: Sherri Buss, R.L.A. Proj. No.: 15023.001 Date: January 30, 2012 Routing: SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 21, 2012 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West; all that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60-DAY PERIOD: March 23, 2012 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; LBG Comments BRIEF DESCRIPTION OF THE REQUEST: Tiller Corporation has applied for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on Manning Aveuue near 225th Street in Scandia. The site has been actively mined since 1966, and currently operates under Conditional Use Permits (CUPs) granted by the City on May 20, 2008. The Tiller mine site previously operated under a CUP issued 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. An Employee Owned Company Promoting Aflirmative Action and Equal Opportuniry Scandia City Council Page 2 February 21, 2012 Tiller Corporation 2012 AOP for Mining 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. The 2012 Application includes both the Tiller site and the adjacent site that was formerly the Dresel Mine site. The former Dresel site is south of the Tiller site. Tiller purchased the Dresel site in 2009 and is operating both sites. The City issued a CUP for mining and processing at the Dresel site on May 20, 2008. As the Owner of both sites, Tiller needs to comply with the conditions of both the Tiller and Dresel CUP's. Issues and compliance with each are discussed in this report. 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, 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's for the Tiller and Dresel sites. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. CONDITIONAL USE PERMIT REQUIREMENTS Tiller Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Tiller Corporation on May 20, 2008. The conditions included the items noted on the table below. Tiller's performance is also indicated on the table and in the text sections that follow: Condition Deadline Specified Status in CUP 1. Comply with CUP Ongoing In rocess--monitored by Cit staff and consultants. 2. Comply with Rules and Ongoing In process--monitored by City staff and consultants. Re lations 4. Permits from CMSCWD None s ecified Received July 10, 2008 and on file at the City. 5. Installation of three July 20, 2008 The required monitoring wells were installed in 2008. Monitoring Wells One well was taken out of service in 2011 to accommodate reclamation activities. It will be placed back into service when reclamation in the area is complete. Monitoring results were provided with the AOP application and reviewed by Leggett, Brashears, and Graham, Inc. (LBG), the City's oundwater consultant. 6. Ground Water Monitoring July 20, 2008 Plan was approved in the fall of 2008, and is on file. Scandia City Council Page 3 February 21, 2012 Tiller Corporation 2012 AOP for Mining Condition Deadline Specified Status in CUP 7. Excavation below water May not begin Excavation into the water table began in 2009. table before August 20, Excavation depth to date is approximately 15 feet 2008 into the groundwater table. Excavation into the groundwater table did not occur in 201 l, and is not planned for 2012. Water level data is collected on an ongoing basis and submitted to the City. Water level data has been submitted for this application, and LBG's review and comments are discussed in the section on Groundwater Monitoring. 8. Production Well Records July 20, 2008 Production well records are being kept by Tiller Corp. and are available to the City. Water use at the site in 2011 was 1,008,000 gallons. The DNR Water Appropriation Permit for the site allows up to 18 million gallons to be used each year for washing, and 2 million gallons per year for dust control (20 million gallons per year total). 9. Ground Water Analysis - None specified Groundwater samples were analyzed for DRO. No DRO and GRO gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. Monitoring results were included with the application and reviewed by LBG. Monitoring was completed in accord with the monitoring plan, and identified no ground water concerns. 10. Ma of Index Well Sites July 20, 2008 Ma was rovided to the Cit on August 28, 2008. 11. Asphalt Plant Setback Ongoing Setback has been maintained as required by the CUP. from Lake 12. Lake Depth Ongoing Application indicates that the depth of excavation will not exceed fifty feet below the water table, per the CUP. Excavation depth to date is approximately 15 feet into the groundwater table. No additional excavation occurred below the water table in 2011. 13. Truck Signage and July 20, 2008 Washington County has posted Lofton and Manning Roadway Cleaning Avenues per County requirements. Tiller has posted signs on 218th Street and at Lofton Avenue to restrict trucks from using 228th Street per City of Scandia requirements. 2011 issues related to truck traffic are discussed below in sections entitled "Hours of O eration" and"Trucking Operations". 14. Lofton/Highway 97 July 20, 2008 Tiller restricts importing add-rock from Lofton Intersection Avenue durin non-daylight hours. 16-19. Updated Reclamation July 20, 2008 Included in application materials; discussed below. Plan Scandia City Council Page 4 February 21, 2012 Tiller Corporation 2012 AOP for Mining Condition Deadline Specified Status in CUP 20. Letter of Credit/Security Due before AOP The financial guarantees are current. ap roval 21. AOP Application January 31, Application submitted on January 20, and determined Submittal annually to be complete on January 23, 2012. Dresel Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Dresel Contracting, Inc. on May 20, 2008. Tiller Corporation now owns and operates this site, and therefore must also comply with the conditions of the Dresel CUP. Condition Deadline Specified Status 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 CMSCWD None s ecified Received July 10, 2008 and on file at the City. 5. Installation of Monitoring Wells July 20, 2008 Installed in May, 2008. 6. Revise Proposed Conditions July 20, 2008 City approved a maximum mining depth at 922 Plan Pit Elevations feet-amsl at the Dresel site, ensuring three feet of separation between the floor of the mine and the water table surface during high water table conditions,based on monitorin results. 7. Ground Water Monitoring Plan July 20, 2008 Approved in October, 2008 and on file at the Cit . 8. Revise Site Plan to include July 20, 2008 Provided to City on August 28, 2008. Index Wells 9. Identi Bench Mark Elevation Jul 20, 2008 Established at to of Well Casin MW-1. 10. Ground Water Analysis - DRO None specified Samples are analyzed for DRO. No gasoline is and GRO stored on site. If gasoline storage is added, GRO will be analyzed. 11. Signage on 218th and Roadway Ongoing Signage was installed and meets the CUP Cleanin re uirements; ins ected by City staff. 12. Truck Cleaning Ongoing No activity on the site in 2011. 13. Delineate Northern Wetland None specified Wetland report and delineation completed. Buffer marked by Se tember 15, 2008. 14-17. Updated Reclamation Plan July 20, 2008 Reclamation Plan revised as part of combined Reclamation Plan submitted for the Tiller site with the AOP a lication. Scandia City Council Page 5 February 21, 2012 Tiller Corporation 2012 AOP for Mining Condition Deadline Specified Status in CUP 18. Letter of Credit/Security Before AOP Financial guarantees are cunent. a roval 19. AOP Application January 31 Application submitted on January 20, and determined to be complete on January 23, 2012. OPERATING CONDITIONS - EVALUATION FOR THE AOP Site Operations-Background Information The Tiller mine site includes several parcels, as indicated on the Site Plan (Figure C-1). Excavation activities in 2010 and 2011 removed material between the Tiller site and former Dresel Mine site, merging the two sites into one. 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 was removed from areas to be mined, and stockpiled on the site for use in reclamation activities. The site usually operates on a seasonal basis from mid-April to mid-November, depending on weather conditions. The Applicant indicated that the site will continue to operate as it has in the past during the 2012 mining season. Proposed active mining areas are indicated on the Site Plan (sheet C1), and will be focused in the central portion of the Tiller site and along the border of the Tiller and Dresel sites. No processing activity occurred at the site in 2011. The 2012 production schedule includes full processing activity at the Scandia Mine. The majority of overburden for the anticipated 2012 production has already been removed, and therefore additional overburden removal is not anticipated in 2012. If market demand exceeds current forecasts, there may be additional excavation and processing in the active mine area, as indicated on the Site Plan (sheet C 1). Mining into the groundwater began at the site in 2009. 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. Excavation depth to date is approximately 15 feet into the groundwater table. (The CUP allows mining into the groundwater to a maximum depth of 50 feet.) Mining operations in 2011 did not include additional mining into the groundwater. The AOP application indicates that if the required gradations of mined material can be met with material above the water table, excavating into the groundwater will not occur in 2012. 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 routes to and from the site are Manning Avenue (County Road 15) and Lofton Avenue (County Road 1). Both Manning and Lofton are paved. The haul road from Manning Avenue is paved through the site to the hot-mix asphalt plant and loading area. Scandia City Council Page 6 February 21, 2012 Tiller Corporation 2012 AOP for Mining Annual Activity The application generally includes the data required by the ordinance regarding annual activity on the site, as follows: 2010 2011 The amount of material removed from the site: 184,000 Tons 235,000 Tons Amount of add-rock brought onto the site: 131,000 Tons 78,000 Tons Recycled asphalt and concrete brought to the site: 20,000 Tons 60,000 Tons Average number of trips to and from the site each day: 182 trips 176 Trips The Site Plan included in the application (sheet Cl) shows the areas proposed for active mining and reclamation activity in 2011. Ground Water Monitoring Plan and Monitoring Issues The approved Groundwater Monitoring Plan for the site is on file at the City. LBG Analysis and Recommendations Based on 2011 Monitoring Data Legette, Brashears and Graham, Inc. (LBG), the City's groundwater consultant, reviewed the data and analytical reports from the monitoring wells on the Tiller site that were submitted with the application. LBG indicated that the 2011 groundwater monitoring was completed in accord with the approved monitoring plan, and that no issues of concern related to the annual operating permit were identified. LBG provided a hydrograph that illustrates the groundwater elevations on the site as part of their analysis(attached). LBG noted that groundwater flow direction across the site is generally to the north, and is consistent with previous monitoring results. LBG suggested two minor corrections to the monitoring results: • The label MW-6 on the site map should be revised to PZ-6 • The location of the "pond" where the surface water level elevation measurements were collected should be shown on the map. Setbacks The AOP application indicates that the minimum setbacks are maintained as follows: • 50 feet from the adjoining property line • 200 feet from an existing occupied structure • 100 feet from residential property boundaries 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 were maintained and meet City requirements. 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 Scandia City Council Page 7 February 21, 2012 Tiller Corporation 2012 AOP for Mining entrances. The fencing meets the intent of the City's Ordinance. City staff reviewed the fencing during site visits in 2011, and verified that it meets the requirements of the Ordinance and CUP. Hours of Operation The site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays. The Applicant is required to obtain the City's permission for any extended hours in accordance with procedures set in Ordinance No. 103. The Applicant noted that extended hours were requested on several occasions in 2011 and approved by the City. This included extended hours for operation of the asphalt plant and trucking operations for the State Highway 8 overlay project. The City received a complaint regarding extended hours and operations at the plant in 2011. A truck made a wrong turn into a residential area and used its back-up alarm in order to exit the area. Tiller reported the complaint to the City. City staff and Tiller agreed that future requests for overnight hours would be accompanied by a proposed truck haul route for approval by staff. This recommendation is included as a condition for site operation in 2012. Screening The application describes screening at the site, and notes that trees have been planted in the past to screen site activities. No additional berms or plantings are proposed in 2012. The CUP did not require additional screening. Dust Control The application indicates that the Applicant uses a water truck to control dust on unpaved portions of the site, and calcium chloride is applied to provide dust generated by trucking activity. These actions will be continued as needed in 2012. The CUP did not require additional dust control efforts. Noise The Applicant must comply with all Federal, State, and City noise standards. Complaints received in 2012 about noise are discussed under Hours of Operation and Trucking Operations. Depth of Excavation The CUP requires that the depth of excavation will not exceed fifty feet below the water table(865 feet above mean sea level). In previous years,mining has occurred into the groundwater table to a depth of approximately 15 feet. The applicant indicated that no mining into the water table occurred in 2011. The AOP application indicates that if the required gradations of mined material can be met with material above the water table, excavating into the groundwater will not occur in 2012. Excavation shall not exceed the depth specified in the CUP. Scandia City Council Page 8 February 21, 2012 Tiller Corporation 2012 AOP for Mining Site Clearance Site clearance occurred along the common mining border with Dresel Corporation in 2010 and 2011. No clearing activity is expected in 2012; areas that were cleared in previous years will be mined. When clearing occurs, the City's Ordinance requires that the Applicant address the disposal of stumps, trees or other debris accumulated during clearance. Previous applications that included site clearance indicated that logged materials are used for lumber or firewood, and that chipped materials are used as mulch,bio-fuel at approved facilities, for erosion control, and similar activities. The methods utilized meet the requirements of the CUP. Appearance/Condition The City's site inspections in 2011 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 the Mine Safety and Health Administration. City staff inspection confirmed that the City's requirements were met in 2011. Waste Disposal The application indicates that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. Site visits in 2011 confirmed that the Applicant is meeting the requirements of the CUP. Water Quality Monitoring Plan The CUP required that Tiller Corporation complete a plan for groundwater monitoring within 60 days of approval of the CUP (July 20, 2008). The approved ground water monitoring plan is on file at the City. Tiller submitted monitoring results for 2011 with its application for the 2012 AOP. 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 and County requirements. The storage meets the requirements of the CUP. Contingency Response Plan The application indicates that the site operates under a Spill Prevention, Control and Countermeasure Plan (SPCC) Plan that was submitted to the City. The application indicates that minor changes to the plan are expected before the start of the 2012 asphalt production season, such as updating site personnel and contact information. The proposed conditions for the AOP require that the applicant submit a copy of the updated Spill Prevention, Control and Countermeasure Plan to the City before the start of 2012 asphalt production. Scandia City Council Page 9 February 21, 2012 Tiller Corporation 2012 AOP for Mining Processing The CUP application describes the operation of permanent processing equipment on the site, and indicates that the equipment is operated in accordance with Federal, State and City air quality,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. Site visits in 2011 verified that the processing facilities meet the setback requirements of the CUP. Trucking Operations The application indicates that truck operations have access to County Road 15 (Manning Avenue) and County Road 1 (Lofton Avenue), which are paved roads. The city received complaints regarding two aspects of trucking operations during the past year: 1. The City received a complaint that trucks operating on TH 97 and on Lofton Avenue were using engine brakes. City staff reminded Tiller that Scandia prohibits engine braking, and staff have alerted law enforcement staff to monitor this issue and take enforcement action, if possible. Tiller indicated that after receiving the complaint, they informed the independent truck operators (ITO) that haul at the mine that 1) Scandia has a noise ordinance and the City and law enforcement have received complaints, 2) if law enforcement witnesses engine braking, the ITO could be ticketed, and 3) if Tiller witnesses engine braking, the ITO will be dismissed from the job. Tiller requested that residents assist in identifying any truck operator that engages in engine braking to assist with enforcement. 2. In February, 2012, the City received multiple complaints that trucks travelling to the Scandia Mine from the north were operating with uncovered loads, and that gravel was spilled at the TH 95-TH 97 intersection, creating a safety problem. Haul trucks are required to be covered. The Washington County Sheriff's Deputy assigned to Scandia observed several tnzcks operating with uncovered loads near this intersection and stopped the trucks to issue verbal warnings. Mn/DOT cleared the initial gravel spill from the intersection during the week of February 6. The City received additional complaints regarding uncovered haul trucks after the clean-up. The proposed conditions for the AOP include a condition that Tiller inform all contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: • Engine braking is prohibited in Scandia • Lofton Avenue is restricted to daytime use only • Loads are required to be covered Asphalt Plant The site operates a permanent hot-mix asphalt plant that was in operation at the time the City adopted its mining ordinance. The plant operates under an air quality permit issued by the MPCA. The City received no complaints regarding the operation of the asphalt plant in 2011. Scandia City Council Page 10 February 21, 2012 Tiller Corporation 2012 AOP for Mining Reclamation Plan The applicant submitted a Reclamation Plan with the AOP application that combines the Tiller and Dresel site reclamation plans. The reclamation plan indicates an area of 27 acres where active mining may occur in 2012. Based on a staff request for additional information, Tiller indicated that the area that will actually be mined in 2012 will be approximately 8 acres. The eight acres will be mined within the 27 acres shown,but Tiller does not yet know where this mining will occur within the larger area. The location will be determined based on the type and size of material encountered. The area shown for reclamation is approximately 3 acres in size,based on the anticipated amount of reclamation material that will be available in 2012. Tiller indicates that if additional reclamation materials become available through mining activities, the reclamation area will be larger. Additional reclamation would occur adjacent to the area depicted on the map. Section 8.4 of the City's Mining ordinance requires the following for reclamation areas: • All banks must be graded or backfilled; • Graded or backfilled areas shall be surfaced with soil of a quality at least equal to the topsoil of areas immediately surrounding, to a depth at least four inches; • The topsoil shall be planted with trees, shrubs, legumes or grasses • Slopes shall not be steeper than 4:1 The reclamation plan included in the application plan indicates that reclamation will consist of"sloping, backfilling, and establishment of vegetation." The application does not indicate that topsoil will be applied as required, and does not indicate the specific types of plantings that will be included in reclamation areas. The reclamation activities must the requirements of the ordinance, including placement of at least four inches of topsoil, and specific information regarding the proposed plantings for 2010. Section 8.2 of Ordinance 103 requires the "restoration shall proceed concurrently and proportional to actual mining operations, and will be subject to review and approval at each annual inspection and at the end of the permit period." This section is included in the ordinance to ensure that: • Large areas of the site are not left in an unreclaimed state, encouraging erosion, dust and weed establishment • The mining operation is making an ongoing investment in reclamation,to avoid potential problems that may occur at the end of the mining operation if a large investment is needed in reclamation, and the applicant's resources are limited at that point, or the applicant abandons the site. The issue related to the proportionality of mining to reclamation was discussed in detail during the 2011 AOP Application Process. Tiller noted at that time that in earlier mining operations, overburden was removed from areas to be mined and was stockpiled on site in screening berms that will be used later for reclamation. At this time, a relatively large area is being mined, and there are limited areas where reclamation could occur. Tiller indicated that when mining reaches the perimeter of the site and is completed, reclamation will be performed in conformance with the approved reclamation plan, and larger Scandia City Council Page 11 February 21, 2012 Tiller Corporation 2012 AOP for Mining areas of reclamation will occur as mining in completed. Reclamation will occur each season based on the amount of material that is available from current operations. Larger reclamation activities will every 5-7 years based on the removal of overburden in preparation for mining, and at the end of the mine's life. This proposed schedule for reclamation in relationship to mining was accepted in 2011 as meeting the ordinance requirement for"proportionality" in these activities. Relationship of Application to Zavoral Mine EIS An Environmental Impact Statement(EIS) is currently in process for the proposed Zavoral Mine Site in the City of Scandia. The project includes potential processing of material from the Zavoral Mine at the Scandia Mine site in the future. This activity is not proposed at the Scandia site in 2012, and is not related to the AOP application. SITE INSPECTION City staff completed site visits to the Tiller Corporation Mining Operation in during 2011, including documenting conditions on the site in site photos. Findings from the site visits are noted where appropriate in the items above. 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 if the Council needs additional information to make its decision. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the Tiller Corporation 2012 AOP for sand and gravel mining and related processing, with the following conditions: 1. The Applicant shall continue to provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non-pumping conditions during monitoring periods. 2. Requests for overnight hours shall be accompanied by a proposed truck haul route for approval by staff. 3. The Applicant shall inform all of its contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: Scandia City Council Page 12 February 21, 2012 Tiller Corporation 2012 AOP for Mining • Engine braking is prohibited in Scandia • Lofton Avenue is restricted to daytime use only • Haul loads are required to be covered 4. The Applicant shall submit a copy of the updated Spill Prevention, Control and Countermeasure Plan to the City before the start of 2012 asphalt production. 5. The Reclamation activities shall meet the requirements of the Conditional Use Permit, including soil and planting requirements. ACTION REQUESTED: Staff request that the Council review this report and approve the AOP at the meeting on February 21. January 2012 � � � � � � CURPORATION� 201 Z APPLICATI�N FOI� THE ANNUAL OpERATORS PER�VtIT SCANDIA, MN =� \ � � � ` � .� Cons:dling Ciri(Eitgineers Suude Engineering,PLLC. 10830 Nesbitt Avenue South • Bloomington,Minuesota 55437-3100 Phone:{952)881-3344 • Fax:(952)881-1913 • E-Mail: info(�a.sundecivil.com APPLICATION FOR ANNUAL OPERATORS PERMIT TILLER CORPORATION SAND AND GRAVEL M(NfNG OPERATION CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA I. INTRODUCTION The foilowing Annual Operators Permit (AOP) application is submitted on behalf of Tiller Corporation (Til(er) 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, advpted by the City of Scandia on August 28, 2007. Tiller 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 (CUP) for the site in the spring of 2008. II. ANNUAL REPORT A. Operating Conditions The site operates in accordance with aperating conditions regulated by Section 7 of the Scandia Ordinance 1 Q3. 1. Setbacks: No mining, stockpiling or land disturbance ac#ivities, with the exrreption 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 � 10Q feet from any road right-of-way. 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. 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 Tiller Corporation Page 1 2012 Annual Operators Permit Application January 19,2012 periodically for situations such as emergencies, accelerated work schedufes or weather delays. In accordance with procedures set forth in Ordinance No. 103, extencfed haurs were requested and approved in 2011. As part of the request for extended hours, Tiller asked to be notified if the City received any complaints regarding the extended hours of operations. Tiller had received complaints in one instance of ovemight operations. One truck made a wrong tum into a residenfial area and was required #o back-up. The City received complaints because the truck's back-up alarm was activated and had awoken residents. After discussion with City staff, it was determined that requests for overnight hours were to be accompanied by a truck haul rou#e for approva(. Extended hours were approved for the operation af the asphalt plant, including trucking operations, past 7:00 p.m. #or the MN Hwy 8 overlay project. MN/DOT required the project to be compteted on a fast track to minimize delays to the#raveling public. Milling and paving was scheduled to start at 8:00 a.m. and last through daylight hours (approximately 8_3a p.m. to 9:00 p.m.). Ramps needed to be milled and paved during overnight hours (10:00 p.m. until 5:00 a.m.}. Hours of operation were extended and the project started in June 2011 . The project was halted during the state government shutdown and was resumed and completed - in August of 2011. 4. Screening: Screening berms, wooded buffer areas and agricultural fields � separate the mining activity fram surrounding properties. A large number of trees have been planfed in the past to screen site activities. Processing and stackpiling operations are conducted in recessed poMions of the site to minimize visibility. Screening berm construction or modifications are not anticipated during 2012. _ 5. Dust control: Major haul roads are hard surfaced and some roads are covered with asphalt millings as dust contral measures. A water truck is used to water unpaved portions of the site to confro( dust. During periods � of increased trucking activity, calcium chloride is applied to pravide additional dust control. These practices will continue throughout the 2012 mining season. 6. Noise: Alt 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 nat exceed fifty feef below the water table. 8. Site clearance: Site clearing activities did not occurr during 2011.CIearing activity is not anticipated in 2012. Tiller Corporafion Page 2 2012 Annual Operators Permit Application January 19,2412 9. Appearance/condition: All buildings, plants and equipment at the site are maintained in a neat condition. Weeds and other unsightly or noxious vegetafion are con#roiled as necessary to preserve the appearancs of the reclaimed areas. 10. Sanitary Facilities: The scale area is served by an individuai sewage treatment system. Portable sanitary facilities are provided in the operating areas as required by the Mine Safety and Health Administration. 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 and approved in conjunction with the monitoring welfs placed in 200$ and the CUP permitting process. Groundwater monitaring was conducted in 2017 and the results were submitted to the City. Water leve! data is summarized on Table 1 and water quality data is summarized on Table 2. 13. Fuel and Chemical Storage: All fuel and chemicals stored an site are stored in accordance wifh Federal and State standards. On-site fuel storage consists of a 1,OOQ-gallon above-ground storage tank which is located within a cancrete secondary containment area and a five hundred gallon above-ground double walled tank located next to the standby electrical generator. When production or restoration crews are present, an additional 1,000-gallon double walled tank is broughi to the site and used to fuel the respective equipmenf. 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 utilized as an alternative fuel supply for the asphalt plant. AEI tanks a�e within the secondary containment area and are registered with MPCA's Starage 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 utifized by the QM Lab are regulated by Washingtan County under Un�ted States Environmental Profection Agency (EPA) rules. EPA ID Number MND 981 953 417 has been issued for the site which is classified as a Very Small Quantiry Generator. 14. Contingency Response Plan: The site operates under a SPCC Plan. Minor changes to the pian are expected before the sfart of the 2012 asphalt production season. These changes will mainly be updating site personnel and con#act information. The 2012 SPCC Plan will be Tiuer CorporaUon Pa9e 3 2012 Annual Operators Pemtit Appfication January 19,2012 submitted to the Cify when complete and prior to the star# up of the asphalt plant. 95. Added Provisions: The operator will comply with other such reasonable requirements that the City may find necessary to adop#for the protection of health, safety and wel#are and/or prevention of nuisance. 16. Processing: The site operates permanent processing equipment as defined by Ordinance No. 103 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 properly tines. 17. Recycling: Recycling activity at the facility meets all applicable standards corttained in Section 7.1 (1) of Ordinance No, 103. Approximately 43,000 tons of Recycled Aspha{t Products {RAP) and recycled concrete were processed in 2011. Processed RAP is used in asphalt production and recycied concrete is sold in various aggregate products. 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 Federat, State, and City air,water and noise quality s#andards. The site operates under an air quality permit issued by the Minnesota Pollufiion Cant�ol Agency. B. Compliance with Conditions o#the CUP 1. Updated Copy of Application Materiaf: A completed bound 600k that includes all of the infarmation and plans submitted to fhe City during the CUP process was previously submitted and is on file at the City. 2. Watershed District Permit: A Watershed District Permit was obtained for th� site and was previously submitted to the City. 3. Monitoring Welfs: All required monitoring wells have been installed. MW 2 located at the southeastern portion of the site was taken aut of service in June 2011 in order to accommodate reclamation activities. This well wiU be placed back in service once reclamation in that area is completed. Tiller Corporation Page 4 2012 Annuai Operators PermiE Appiication January 19,2012 4. Groundwater Monitoring Pian: A monitoring plan with pratocols is on file with the City. 5. Excavation Below Water Table: In 2011, there was no excavation into the groundwater table. Excavation into the groundwater table is not anticipated in 2012. Water level data is callected on an on-going basis and submi#ted annually to the City (see Table 1). 6. Production Well Records: Records of the production well are kept. They will be provided to the City upon request. 7. Groundwater Analysis: Groundwater samples were analyzed for DRO as indicated in the groundwater monitoring plan (see Tabfe 2). Results have been supplied to the City. Curren#ly, no gasoline is stored on site. If gasoline is stored on site in the future, GRO will also be added to the anlayte list. 8. MN County Well Index: A Figure which illustrates the site and MN County Index wells is on fife at the City. 9_ Setback from Proposed Lake: The asphalt pfant and related structures will be setback at least 10p feet from the edge of#he proposed lake that will be created as part of mining operations. 1 Q.Lake Depth: Excavation into the water table will not be deeper than 50 feet inta the water table. 11.Truck Hauling Signs: Washington County has posted Lofton and Manning Avenues per their requirements. Tiller has posted signs on 218�' Street per City of Scandia requirements. 12.Lofton/Hwy 97 fntersecfion: Tiller Corporation restricts importing add- rock from Lofton Avenue during non daylight hours. 13.228th Street Sign: Til�er Corporation has posted a sign at the Lofton Ave. exit that restricts trucks from using 228th Street. 14.Reclamation and Sequencing Plan: An updated recfamation plan and sequencing plan is on file with the City. Current reclamatian progress is indicated on the Site Plan submitted with the AOP application. C. Annual Activity Tiller Corporation Page 5 2012 Annual Operators Permit Applicafion January 19,2012 1. Amount of material removed from the site: Approximately 235,000 tons of material were removed in 2011. 2. Amount of add-rack brought onto the site: Approximately 78,000 tons of add-rock were impa�ed to the site in 2011. 3. Amount of recycled asphalt brought to the site: Approximately 60,000 cubic yards of asphalt for recycling were imported to the site in 2011. 4. Amount of recycled concrete brought to the site: Approximately 20,000 cubic yards of concrete #or recycling were imported to the site in 2011. 5. Area reclaimed and type of reclamation: Reclamation activities in 2011 consisted of placi�g suitable reclamation fill material in the southern portion of the site near 21S�h St. N. This area is shown on the Site PEan. Ongoing reclamation activities are anticipated in this same area during 2012. 6. Average number of trips hauling material to and from the site per day for the season: The average number of trucks travelling ta and from the site per day in 2011 is estimated at 176 trucks per day. D. Descriptian of operating conditions planned for the coming year: 1. During the 2012 mining season,the site will continue to operate as it has in fhe past. The mining operation includes the remova! of overburden, excavation of sand and gravel, crushing,washing, screening, stockpiling, and recycling of concre#e and asphalt products. Portable crushing and screening plants are brough#to the site periadically and material is excavated, processed, ancf stockpiled. Hot-mix asphalt is produced and sold throughout the construction season and add rock materials are delivered to the site as needed. There was no aggregate processing at the site in 2011. Processing at the site was limited to recycled maferial. The 2012 production schedule has fulf processing activity occurring at Scandia beginning in the spring of 2012. Enough material is expected to be processed to meet the anticipated needs of 2012. The majority of overburden at fhe site for the anticipated 2012 production has already been removed therefore additional overburden removal is not anticipated in 2012. However, if market demand exceeds forecasts, there may be a need for additional excavation and processing which will occur in the active mine area as indicated on the Site Plan. If gradations can be met with materiaf above the water table, excavating into groundwater is not anticipated in 2012. 2. Site Plan: A Site Plan is attached which illustrates the areas planned to be mined in 2d12,the stockpile and processing area, and reclaimed areas. Tiller Corporation Page fi 2012 Annual Operators Permit Application January 19,2012 3. Aerial Photo: An aerial phota is attached which illustrates the areas planned to be mined in 2012, the stockpile and processing area and reclaimed areas. 4. Reclamation: Reclamation activities in 2011 consisted of placing reclamation fill in the southern portion of the Site near 218�h St. N. This area is shown on the Site Plan. As mining progresses to the perimeter of the mining area in the future, then reclamation consisting of sloping, backfilling and establishment af vegetation can occur. Reclamation activities planned for 2012 will be similar to 2011 activities. 5. Operating Conditions for 2012: Active mining will occur predominantly in the areas indicated on the Site Plan. E. Inspection: The City conducts an annual inspection of the site. The last inspection occurred on November 1, 2011. 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: January 19, 2012 Reg. No. 21842 Tiller Corporatlon Page 7 2012 Annual Operators Permit Application January 19,2012 Table 1: Groundwater Eleva#ions for Scandia Production Well PZ-3 Top of Casin TOC 943.1$ To of Casln TOC 952.33 Ground- Ground- Depth to water Depth to water Water ElevatEon Water Elevation Date (ft b#oc) (feet) Date (ft btoc) (feet) 6-Se -06 27.31 915.87 6-Se -06 36.43 915.90 2-Ma -07 28.12 915.06 2-Ma -07 37.22 99 5.11 13-Jun-07 28.33 914.85 13-Jun-07 37.42 914.91 19-Ju1-07 28.41 914.77 19-Ju1-07 37.51 914.82 11-Se -07 28.58 914.80 11-Se 7 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-Deo-07 28.70 914.48 12-Dea07 NM -- 9-.fan-08 28.88 914.30 9-Jan-08 NM -- 22-Feb-08 29.02 914.16 22-Feb-d8 38.95 914.18 28-Mar-08 29.91 914.07 28-Mar-08 38_22 914.19 6-Ma -08 28.92 914.26 6-Ma -08 38.02 914.31 94-Ma -08 28.89 814.29 14-Ma -OS 37.99 914.34 9-Jun-08 28.74 914.44 9-Jun-08 37.83 914.50 9-Ju1-08 28.64 914.54 9-Ju1-08 37.75 914.58 7-Au 08 28.58 914.60 7-Au -08 37.68 914.65 16-Se -Q8 28.67 914.51 16-Se 06 37.78 914.57 30-Oct-08 28.83 914.35 30-Oct-08 37.96 914.37 8-A r-09 29.39 913.79 6-A r-09 38.52 913.81 1&Ma -09 29.51 913.67 18-Ma -09 38.63 913.70 11-Jun-09 29.63 913.55 11-Jun-09 38.75 913.58 6-Au -09 29.90 913.28 6-Au -09 38.94 913.39 10-Se -09 29.90 913.28 10-Se -09 39.03 913.30 21-Oct-09 30.01 913.17 21-Oct-09 39.16 913.17 5-Nov-U9 30.04 913.14 5-Nov-09 39.18 813.15 27-A r-10 30.67 912.51 27 r-10 39.8 912.53 7-Jun-1 U 30.79 912.39 7-Jun-10 39.92 912.41 6-Ju1-10 30.71 912.47 B-Jul-10 39.87 912.46 9-Au -10 30.81 912.37 9-Au -10 39.95 912.38 14Se 10 30.81 912.37 14-S 10 39.95 912.38 19-Oct-10 30.72 912.46 19-Oct-10 39.88 912.45 23-Nov-10 30.$9 91228 23-Nov-10 40.01 912.32 7-A r-11 30.72 912.46 7-A r-11 39.85 912.48 fi-Ma 11 30.48 912.70 6-Afla -11 39.59 912.74 6-Jun-11 30.12 913_06 6-Jun-11 39.23 913.10 21-Jun-11 30.05 913.13 21-Jun-11 39.14 913.19 13-Ju1-11 29.88 913.30 13-Ju1-11 38.97 913.36 5-Au 11 29.47 913.71 5-Au -11 38.$1 913.72 8-Se 11 29.40 913.78 8-Se -11 38.52 913.81 3-Ocf-11 29.40 913.78 3-Oct-11 38.5 913.83 10-Now11 29.44 913.74 10-Nov-11 38.55 913.78 Tiller Corpora6on Pa9e B 20i 2 Annual Operators Permit Applicat�n January 19,2012 Table 1 (cont.}: G�oundwater Ele�ations for Scandia Pz.a �z-s To of Casin (TOC) 928.86 Top of Casing(TOC) 985.76 roun - roun - Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc} (feet) Date (ft btoc) (feet} 20-Ma -08 70.38 915.38 9-Jun-08 12.87 915.89 9-Jun-08 70.23 915.53 9-Ju1-08 12.73 916.13 9-Jul-08 70.08 915.68 7-Au 8 12.66 916.20 7-Au -08 69.96 915.80 1fi-S8 -U8 12.$0 916.06 16-Se -08 69.95 915.81 30-0ct-08 12.99 915.87 30.0ct-08 70.16 915.60 S-A r-09 't 3.51 915.35 &A r-09 70.72 815.04 1&Ma -09 13.6'7 915.19 18-Ma -09 70.82 914.94 11-Jun-06 13.78 915.08 11-Jun-09 70.93 914.83 6-Au 09 '13.98 914.88 6-Au -09 71.06 914.70 10-Se -09 14.01 914.85 10-Se -09 71.21 914.55 21-Oct-09 14.14 914.72 21-Oct-09 71.26 914.50 , 5-Nov-09 14.16 914.70 5-Nov-09 71.39 914.37 27-A r-10 14.83 914.03 27-A r-10 71.99 913.77 7-Jun-10 14.92 913.94 7-Jun-10 72.11 913.65 6-Ju1-10 NM - 6-Ju1-10 72.'f 9 913.57 9-Au -10 94.94 913.92 9-Au -10 72.20 913.56 14-Se -10 14.95 913.91 14-Se -10 72.21 913.55 19-Oct-10 14.88 913.98 19-Oct-10 72.14 913.62 23-Nov-10 15.02 913.84 23-Nov-1 U 72.29 913.47 7-A -11 14.89 97 3.97 7-A r-11 72.27 913.49 8-Ma -11 14.7 914.16 6-Ma -11 72.07 913.69 6-Jun-11 14.34 914.52 6-Jun-11 71.79 913.97 21-Jun-11 14.29 914.65 21�1un-11 71.62 914.14 93-Ju1-11 14.03 914.83 13-Ju1-11 71.42 914.34 S-Au 11 13.62 915.24 5-Au -'11 71.20 914.56 8-Se 11 13.57 915.29 8-Se -11 70.86 914.80 3-Oct-11 13.59 915.27 3-Oct-11 70.76 915.Q0 10-Nov-11 13.67 915.19 10.Nov-11 7Q.77 914.99 NM= Not Measured(due to abstruction) Ft btoc=Feet Below Top of Casing Tifler Corporation pa9e g 2012 Annual Operators Permit Application January 19,2012 Table 1 (cont.): Groundwater Elevations for Scandia pZ.g On-Site Pand Top of Casin (TOC) 957.93 Surtace Water Elev. Ground- Depth to water Water Water Elevatian Elvation Date (ft btoc) {feet) Date (feet) 96-Se 08 44.65 973.28 21-Oct-09 914.30 3U-Oct-08 44.80 833.13 19-Oct-10 NM 6-A r-09 45.33 912.60 6-Jun-11 814.18 18-Ma -09 45.42 912.51 3-Oc#-11 994.74 11-Jun-09 45.57 912.36 6-Au 09 45.78 912.15 10-S 09 45.89 912.U4 21-Oct-D9 46.OQ 911.93 5-Nov-09 46.04 991.89 NM=Not Measured(due to obstruction) 27- r-10 46.65 9i 1.28 Ft btoc= Feet Below Top of Casing 7-Jun-10 46.76 911.17 6-Ju1-10 48.74 911.19 9-Au -10 46.81 911.12 14-Se -90 46.82 911.11 19-Oct-10 46.69 911.24 23-Nov-14 46.91 911.02 7-A r-11 46.71 9i 1.22 6-Ma -11 46.4 911.53 6-Jun-11 46.04 911.89 21-Jun-19 45.96 91 i.97 13-Ju1-11 45.86 912.07 5-Au -11 45.49 912.44 8-Se -11 45.34 912.59 3-Oct-11 45.33 912.60 10-Now1'E 45.38 912.55 Tiller Corporation Page 10 2Q12 Annual Operators Permit Application January 19,2012 Table 1 (cont.): Groundwater Elevations for Scandia MW-1 MW-2 Top of Casing (70C) 932.58 Top of Casing (TOC) 929.96 roun - roun - Depth fo water Depth to water Water Elevation Water Elevation Date {ft btoc) (feet} Date (ft btoc) (feet) 14-Ma -08 15.29 917.29 14-Ma -08 12.59 917.37 9-Jun-08 15.14 917.44 9-Jun-08 12.45 917.51 9-Ju1-08 15.03 917.55 9-Ju1-08 12.35 917.61 7-Au -08 14.98 917.60 7-Au -08 12.31 917.68 16-Se -08 15.10 917.48 16-Se -08 12.42 917.54 30-Oct-08 1527 917.31 30-Oct-08 12.59 917.37 B-A r-09 15.80 916.78 6-A r-09 13.10 916.86 18-Ma -09 15.97 916.61 18-Ma -09 . 13.27 916.69 19-Jun-09 1fi.09 916.49 11-Jun-09 13.36 916.60 8-Au -09 1 B.31 916.27 6-Au -09 13.61 916.35 10-Se -09 16.36 916.22 1 Q-Se -09 13.65 916.31 21-Oct-09 16.50 916.08 21-Qct-09 13.79 916.17 5-Now09 16.51 916.07 5-Nov-09 93.82 916,14 27- r-10 17.16 915.42 27 A r-10 14.42 915.54 7-Jun-10 17.28 915.30 7-Jun-90 14.53 915.43 6-Jul-1Q 17.30 915.28 6-Ju1-10 14.56 915.40 9-Au -10 17.36 915.22 9-Au -10 14.67 915.35 14-Se -10 17.35 815.23 14-Se -10 14.60 915.36 99-Oct-10 17.24 915.34 19-Oct-10 14.50 915.46 23-Nov-10 17.4 915.18 23-Nov-10 14.64 915.32 7-A r-11 17.23 915.35 7-A r-11 14.46 915.50 6-Ma -11 17.05 9'i 5.53 6-Ma -11 14.28 915.68 6-Jun-11 16.7 915.88 6-Jun-11 13.94 916.02 21-Jurt-11 16.59 915.98 21-Jun-11 13.$3 91$.13 13-Ju1-11 16.41 916.17 Well Taken Out of Seroioe s-21-2011 5-Au 11 16.03 916.55 8-Se 11 15.97 916.69 3-Oct-11 15.96 916.62 �M =Not Measured(due to obstruction) 1�-Nov-11 16,03 916.55 Ft btoc=Feet 8elow Top of Casing The approved groundwater monitoring plan requires reading of water leveis spring summer and faN. Tiller Corporation has taken water levels more frequently, but may not co�tinue to do so in the future, but at minimum water levels wili be read spring, summer,and fail. Tiller Corporation Page 11 2012 Annual Operators Permit Application January 19,2012 Table 2: Water Quality Monitoring Results Potable Well 10/21/2009 9/14/2010 9/29/2011 units Diesel Range Organics ND ND ND mg/I Total Suspended Solids ND mg/I Nirtrogen,Ammonia 0.051 mg/1 Phos horous ND mg/I Production Well 10/21/2b09 9/14/2010 9J29/2011 units Diesel Range Organics ND ND ND mg/I Total Suspended Solids ND mgJl Nlrtrogen,Ammonia � 0.053 mg/1 Phos horous ND m 1 PZ-3 10/21/2009 9/14/2010 9/29/20I1 units Diesel Range Organics ND ND ND mg/I Total Suspended Solids ND mg/i Nirtrogen,Ammonia 0.18 mgfl Phos horous 0.65 m � PZ-4 10/21/20a9 9/14/2010 9/29/2011 units Diesel Range Organics ND ND ND mg/I _._ Total Suspended Solids 1Q2 161 65.3 mg/I Nirtrogen,Ammonia 0.045 0.15 0.041 mg/I Phos horous ND 0.15 0.094 m ( PZ-5 10/21/2009 9/14/2010 9/29/2011 units Diesel Range Organics ND ND ND mg/I Total Suspended Solids ND ND mg/I Nirtrogen,Ammonia _ 0.11 0.067 mg/I Phos horous � ND ND m 1 Tiller Corporation Page 12 2012 Annual Operators Permit Application January 19,2012 Table 2 (cont.): Water Quality Monitoring Results PZ-6 10/21/2009 9/14/2010 9/29/2011 units Diesel Range Organics ND ND ND mg/I Tota!Suspended Solids 11.3 11.7 Nb mg/I Nirtrogen,Ammonia 0.1 0.098 0.071 mg/I Phos horous ND 0.084 Nb mg/[ MW-1 10/21/2009 9/14/2010 9J29/2011 _ . ... . Diesel Range Organics ND ND ND mg/I _ ._ . Total Suspended Solids ND 15 mg/I - NirCragen,Ammonia 0.048 0.049 mg/I Phosphorous ND ND m I nnw-z sa/21/2009 9/ia/2oio Diesel Range Organics ND ND mg/I Total Suspended Solids 26.8 mg/I Nirtrogen,Ammonia 0.055 mg/I Phos horous ND mg/I POND 10/21/2009 9/14/2010 11/5/2010 9/29/2011 Diesel Range Organics. ND 0.11* ND ND mg/I _ ._._ .. _ __ _._._._._ _ Total Suspended Solids ND ND NA ND mg/I Nlrtrogen,Ammonia ND 0.057 NA 0.069 mg/I Phos horous ND ND NA ND m I 'Upon Detection of Diesel 12ange Organics(DRO)above the Reporting Limit of 0.10 mg/l,the sample was further analyzed for the presence of Polycydic,4romatic Hydrocarbans(PAHs)which were not detected. As additional follow up,the pond was resempled for DRO in November,2U10 at the request of the City. Although not reguired, ini#ial baseline data were obtained for all well and results reported herein. _. __.__ ..Tiller.Corporatlon . ___ . __ . . 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(Fy ' �• ,��,'� '.�'e'—�;��.�� �• �'_ .;�.,s��}.�i ,���,'��.��� v,�� i � L�� t�:1��8� �� �s�.11 !•���; � ��,��,�� �� ,i���\ �� '� � � � �� �, . ? ti � � � ����jl({ �Aj�t`��1\ —�(.-(,,/��)``) � a.� ��I:II��R������'\ 1�^!i. �:�:��t�)� 9 �� � �'�� .f '� � q ��.F��,`; ����S��I'�Y4f� ,�'-'t\��'������ `LII/� I ( �� ���I� �� �,��, .7�������� � `�� � ,��.. ��yf{t�T����$ � m � �' ' �� �1 �. ��� 4 bN �r++.�«"^'r�� �a+i��,,,h,r�^ l� � j ) `���-���, o�"� w �^"�� .,;, '.. �.�? � 't I: s �+�� � ��,� ,, ��,.� �� c i dR=�.�,, u y �I�i ,,,,,s��r,.�a.e>� .;. � � ,� i _ b;, - _ C� �" . __ � �� an . ..�.,� - .. � - � , . .. ��_��� ,�� � t/ � . • • �� � ' � . � � • F� Sherri A. Buss From: dave.hume@Ibgmn.com Sent: Thursday, Febrtaary 09, 2012 12:57 PM To: Sherri A. Buss Subject: Tiller and Bracht 2012 AOP App rewiew comments Attachments: Tiller 2011 hydrograph with threshold.pdf;Tiller 2011 hydrograph.pdf; Bracht hydrographs 2011.pdf Sherri, below are my comments. Tiller 2012 AOP Aaplication • The 2012 groundwater monitoring was compieted in accordance with the approved monitoring plan; • Chemistry results indicate no concerns as DRO was not detected above the method detection limit in any samples; • Groundwater flow direction across the site is generally to the north and consistent with previous submittals; • The label "MW-6"on the site map should be revised to "PZ-6";and, • The location of the"pond"where the surface water level elevation measurements were cofiected should be shown on the map. Bracht 2012 AOP Apalication • 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 consisteni 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 wit!confirm with Kristin at Sunde. Updated well hydrographs are attached for your file. Let me know if yau have any questions. Thanks, Dave David S. Hume, PG Sr.Associate/Hydrogeologist Leggette,Brashears 8�Graham,Inc. 8 Pine 7ree Dr.,Suite 250/St.Paul,MN 55112 Direct:659-558-9207/Mobile:612-805-0919/Fax:659-490-1�6 dave.hume @Ibgmn.com yuww.lbqweb.com 1 � 0 N � � � C O a N M � N Q N a J v _ W j'.: ` a� _ � � j o � � L Z a O � � i � N � � O � Q � '. - � U O �� ` `" N � •. � a X � N � � y � W pl— W # do � H r o • oNaZ ���;� � o ar � �' �wa � � N � 3 w � � (/� Cp .WJ �. y��' m � z OJ Q �i .n � E c�o rn � o I O Iir �'9'y_ co o �.� O Ni— G � , oN °�' > L� Z �- a� �n � a "' c� �_�� � � C) � ��m m �- W � � � �`� 3 � W �,� �N � � � o E�n. � W � �° '� O� V O i Q � C , �N � �� yN � N � � � � o N C] �� _$ °- = t�p �y o N � Q LL� 3 NZ a � � N � � I � _ _ 0 0 N O O O O O O O O O� O O O O O O O O(p� m � UI � O�O OD OnD 00 (Isw��) uoi;�nal� N O N V "� C O a '� < 0 � . _ N ,�� � � N t7. °f �- :', � � '':�i 1 ti �\�.: 17 , - � . Cl 1 Ij � - N � RI: N � ,' a a 0 �: �1 - a` tl9 I ' � O � � � I � � a � � �" N � � � �. > � ° �' o .,"' : � � J N � z �', Q � a o a 1 �` W � n, Z �: n � �` � � � OC i � o W ' W � ! ` d o �,, � a � a ,i No 3 NF" � � z � a � �� - � �; o N �� � o - � , �, �: o C9 � 1 � N � ��` p `° � /'� ~ � �6� r i: .� I q �' N tf) ��� �/ �� � N � � � � �- r;"; �j � 1 a �r ,� ' �t r � `''� � ni �F � ,. N a � j T � - 0 0 N � O O O O p p O O � p p r N � oD 1� tD � V' t7 N p r' Q� Q� 6� � O� Q� � T � m p� (Isw��) uai;ene�� ,�� c,�c� ��s��-�- `�' � �=�? Resolution No.: 02-21-12-03 �/��J r � Page 4 of 4 �; � � ��/�� � 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 Applicant shall continue to provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non-pumping conditions during monitoring periods. 2. Requests for overnight hours shall be accompanied by a proposed truck haul route for approval by staff. 3. The Applicant shall inform all of its contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: • Engine braking is prohibited in Scandia • Lofton Avenue is restricted to daytime use only I • Haul loads shall be secured according to state requirements 4. The Applicant shall submit a copy of the updated Spill Prevention, Control and Countermeasure Plan to the City before the start of 2012 asphalt production. 5. The Reclamation activities shall meet the requirements of the Conditional Use Permit, including soil and planting requirements. 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