10.c 1) Review of 2017 Annual Operating Permit for the Tiller Zavoral Mine
Memorandum
To: Scandia City Council Reference: Tiller Corporation—2017 Annual
Operating Permit Application for
the Zavoral Mine
Copies To: Neil Soltis, City
Administrator
Mike Caron, Tiller
Corporation
Christina Morrison, Tiller
Corporation
Kirsten Pauley, Sunde
Engineering
Project No.: 16322.002
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: February 9, 2017
SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP)
Application for a Mining and Processing Operation
MEETING DATE: February 21, 2017
LOCATION: East of the Intersection of State TH 97 and State TH 95
APPLICANT: Tiller Corporation
P.O. Box 1480
Maple Grove, Minnesota 55311
60-DAY PERIOD: March 28, 2017
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application, Plans and Related Submittals; monitoring reports and
recommendations from City’s subconsultants; comments from
agencies; site visit notes
DESCRIPTION OF THE REQUEST:
The City of Scandia approved a Conditional Use Permit (CUP) for the Zavoral Mine and
Reclamation Project on February 19, 2013. The City’s Mining Ordinance requires Tiller to
obtain an Annual Operating Permit for the mine in addition to the CUP. Tiller Corporation
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 2 February 21, 2017
submitted its application for the 2017 AOP on January 27, 2017. The 114-acre site (Site) is
located along St. Croix Trail North (State Trunk Highway [TH] 95), a State Scenic Byway, east
of its intersection with Scandia Trail North (State TH 97). The plans approved with the CUP
permit mining and reclamation to occur on 64 acres of the Site (the “Project”). No processing or
concrete and asphalt recycling activities are proposed as part of the project.
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.
This report analyzes Zavoral Mine and Reclamation Project’s compliance with the conditions
approved in the CUP, 2016 AOP, and the Amended 2016 AOP that was approved by the City in
July, 2016, and recommends conditions for the 2017 AOP. Active mining at the site ended in
2016. Based on the detailed evaluation of activities at the site (Sections I and II below), this
report concludes that the mining activities at the site complied with the CUP and AOP conditions
for mining operations.
The significant issue remaining for the 2017 AOP is the successful completion of the required
reclamation of the site, and transition to a new use—the Argo Navis Community Solar Garden
(ANCSG). The activities to date and issues for the 2017 AOP are discussed in Section IV in this
report.
In May 2016, the City approved a CUP for the Argo Navis Community Solar Garden, which will
occupy a portion of the area included in the Zavoral Mine and Reclamation Project. The CUP
conditions for the Argo Navis project included the requirement the applicant and Tiller work
together to revise the Reclamation Plan for the mine project to address berms, screening, a
planting plan, seed mix, and site maintenance through the completion of the Mining Project and
for the lifetime of the Solar Garden project. The condition specified that final approval of the
CUP for ANCSG was contingent upon City Council approval of the revised Reclamation Plan.
The Zavoral Amended 2016 AOP included a similar requirement for coordination between the
two uses, and noted that when the Development Agreement for the ANCSG is signed, Tiller
shall be released from its reclamation obligations for the site.
Negotiations have occurred between Tiller, Argo Navis, and the Zavoral property owner in 2016,
but no agreement has been reached on a Final Reclamation Plan that addresses the
requirements of the CUP for the mine project and manages the transition between the mining
project and the community solar garden project. Staff recommend that the City require that the
2017 Zavoral Mine AOP and Argo Navis Development Agreement include conditions that
require the successful completion of the Final Reclamation Plan and transition to the new use,
and that the Development Agreement for the Argo Navis project be signed and Tiller be
released from its obligations only when the reclamation issues have been addressed.
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:
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 3 February 21, 2017
1. The operating conditions of the previous year and conditions required by the CUP and
AOP.
2. Proposed operating conditions and any variation from the previous year.
3. Results of the annual inspection by the City.
The applicant submitted the following materials with the AOP application:
Application Form including Annual Report for activities in 2016, and proposed
activities in 2017
Groundwater sampling results
Well Water Use data for 2016
Annual Reclamation Report for 2016
Site Plan—2016 Activity
The CUP conditions require that the City complete a variety of monitoring activities and reports
that will be used to evaluate the AOP application and develop any conditions for operations in
2017. The monitoring reports that City staff used to evaluate operations at the site include the
following:
Zavoral Mine and Reclamation Project—Annual Surface Water Monitoring Report
and Closeout, WCD, November 28, 2016
Zavoral/Scandia 2017 AOP Applications—WCD review and comment, January 31
and February 6, 2017
2015 Groundwater Monitoring Summary—Zavoral Aggregate Mining and
Reclamation Project, Leggette, Brashears & Graham, Inc (LBG), January 23, 2017
Zavoral Mine Noise Monitoring Results, SBP Associates, Inc., January 16, 2016
I. CUP AND AOP REQUIREMENTS: SUMMARY TABLE
The City of Scandia approved a Conditional Use Permit and an Annual Operating Permit for the
mining operation and reclamation activities on the Zavoral Site on February 19, 2013. 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:
In the status column, a + indicates that the operator is meeting the requirement, and a –
indicates that the requirement has not been met during the 2016 operating year. The symbol *
indicates partial completion. Further discussion on the conditions and performance in 2016 is
discussed in the text sections that follow the table. The CUP conditions are identified by
number in standard text; the AOP conditions are identified by number in Bold text in the first
column on the table below.
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
1/1&2. Comply with
Project approved
by City February
19, 2013
Ongoing
+
In process--monitored by City staff
and consultants. Activities during
2016 were generally consistent with
those proposed in the approved
AOP.
2. Comply with
Rules and
Ongoing + In process--monitored by City staff
and consultants. No violations of
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 4 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
Regulations federal, state, or city regulations
identified in 2016.
3. Maximum mining
depth 840 amsl
and 25
separation
between mining
and groundwater
Ongoing
+
Tiller established a benchmark to
monitor the elevation of the mine
floor in 2013. City monitoring of
groundwater levels by LBG.
Maximum mining depth identified
by LBG and Tiller in 2016 ranged
between 843 and 855 feet above
msl, with a maximum depth of 843
feet above msl. That depth is 3-15
feet above the permitted depth and
maintains the required 25-ft.
separation from the water table.
4. No frac sand
minning
Ongoing
+
Depth of mining information and
bedrock depth information
confirmed that no frac sand mining
occurred in 2016.
5. No dewatering Ongoing
+
No dewatering occurred on the site
in 2016, and is not included in the
reclamation activity proposed for
2017.
6. & 7. Daily
pumping from
well shall not
exceed 10,000
gallons; annual
pumping shall
not exceed 1
million gallons;
pumping
records.
Annual
+
Production well records are being
kept by Tiller Corp. and are
available to the City. Water use at
the site in 2016 was 108,000
gallons for dust control. The DNR
Water Appropriation Permit for the
site allows up to 1 million gallons to
be pumped each year. Pumping
records were provided with the
AOP application, to the WCD,
Washington County Health Dept.,
and Minnesota DNR as required.
8. Revise
groundwater
plan
2013
+
The revised Groundwater Quality
Protection Plan (GWQPP) was
submitted to the City in April, 2013
and is on file.
9. Groundwater
observation
wells
Ongoing
+
Monitoring wells were installed at
the site in 2013 and met the CUP
requirement. Monitoring equipment
was removed in November, 2016
after the end of mining activity.
10 /6.
Groundwater
data and annual
Ongoing
+
Groundwater samples were
analyzed Some seasonal rise and
fall in groundwater levels during
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 5 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
report. Remove
monitoring
equipment when
mining
completed.
2016. Ground water levels in
November 2016 were
approximately 1.5 to 2 feet higher
than when mining operations began
in 2013. The increase is related to
precipitation and recharge to the
aquifer. Monitoring equipment
removed at end of mining.
11. Review GWQPP Annual
+
Tiller submitted the revised
GWQPP in April, 2013. The plan
meets the CUP requirement.
12. Diesel Range
Organics (DRO)
sampling
Annual
+
Baseline groundwater samples
were collected before the start of
mining and before a diesel fuel tank
was installed at the site. Sampling
results for 2016 show no DRO was
detected.
13. Fuel storage
requirements
Ongoing
+
Tiller installed a portable 500-gallon
double-walled diesel fuel tank on
the site in October, 2013. The tank
was removed in 2016 at the end of
mining activity and no further fuel
storage is planned at the site.
14. Equipment
fueling
Ongoing
+
Tiller installed a hard-surfaced
fueling pad in 2013. The fueling
pad was removed in 2016 at the
end of mining activity.
15. Spill cleanup
equipment on
site
Ongoing
+
A spill kit was stored on-site when
the site was active.
16 Stormwater
permit
Prior to
operations
+
Applicant obtained required NPDES
General Permit (MNG490000) and
CMSCWD Stormwater and Erosion
and Sediment permits prior to the
start of operations. Permits are on
file at City.
17. Stormwater Best
Management
Practices
Ongoing
*
Stormwater BMP’s were installed at
the site as required by permits.
Inspections completed by
CMSCWD twice per month and
WCD as required by CUP. Erosion
occurred on some reclaimed slopes
during a heavy rainfall in 2016.
Some slope stabilization was
completed in 2016, and final
stabilization is anticipated as part of
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 6 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
reclamation activities in 2017.
18. Air Emissions
Permit
Prior to
operations +
MPCA Permit obtained prior to
beginning mining operations
(Permit no. 05301018-001).
19. Endangered
Species Take
Permit
Prior to
operations +
Status of Butternut tree changed to
endangered in August, 2013. WCD
verified the presence of the
Butternut tree in 2016.
20. Blanding’s
Turtles
protection
Ongoing
+
Blanding’s Turtles Plan submitted
and WCD verified compliance. No
Blanding’s Turtles identified at the
site in 2016.
21. Raptor nests
inspection
Ongoing
+
Raptor survey conducted prior to
tree clearing in 2013. No active
nests identified in 2016.
22. Berm on south
end of site
Prior to
operations +
Berm was required before Phase 2
mining begins. Berms were
removed with City approval after
mining operations ended in 2016.
23. Minimize
unnecessary
equipment;
reduce soil
tracking
Ongoing
+
City site visit verified that
unnecessary equipment was not
stored at the site, and that BMP’s
including sweeping, watering and
paved entrance are being
implemented to reduce soil
tracking.
24. Monitor
equipment for
leaks
Ongoing
+
Tiller reported that it monitored
equipment for leaks and prohibited
“topping off” of tanks. No evidence
of leaks observed in site visit.
25 & 26. Location of
above-ground
storage tanks
Ongoing
+
The 500-gallon double-walled
diesel fuel tank was removed in
2016 after mining activity ended.
27. Water quality
monitoring and
reports
Annual
+
WCD completed water quality
monitoring and submitted annual
report. No mining impacts
identified to surface waters.
28/8. Monitoring
point in Zavoral
Creek
Ongoing
+
Monitoring station installed at
Zavoral Creek in 2015 and WCD
completed baseline monitoring in
2016. No negative impacts related
to mining identified. Monitoring
equipment was removed in July,
2016 after active mining ended at
the site.
29/7&8. Monitoring Annual + Monitoring station installed at
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 7 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
station near
Crystal Springs-
installation and
reporting.
Remove stations
when mining
completed.
Crystal Springs, and WCD
completed baseline monitoring in
2016. No negative impacts related
to mining identified. . Monitoring
equipment was removed in July,
2016 after active mining ended at
the site.
30/9&10. W etland
boundaries
delineation
Annual
+
In September 2015 the TEP panel
reviewed the wetland boundaries
and recommended no additional
wetland boundary monitoring for
the mine project.
31. Mn/DOT
Access Permit
Prior to
driveway
construction +
The applicant obtained the required
permit (TP 1721) prior to driveway
construction completed in 2013. A
copy is on file at the City.
32 & 33. Construct
new driveway
access and
right-turn lane
Prior to
operations +
New driveway access and right-turn
lane constructed by November,
2013.
34/26-28. Traffic
monitoring
Annual
+
No traffic monitoring was completed
in 2016 because mining activity at
the site ended, and no issues were
identified that required monitoring.
35. Truck-hauling
records between
Zavoral and
Scandia mine
sites
Annual
+
Approximately 201,200 tons of
Class C add-rock were hauled to
the Scandia Mine from the Zavoral
Mine during 2016, and 5,400 tons
were hauled from the Zavoral site
to other projects.
36. Traffic
maximum levels
Ongoing
+
Hauling occurred on 38 days in
2016, with an average of 432 trips
per working day. The peak number
of trips per day was 600. The
average daily numbers and peak
numbers were similar to the range
of counts analyzed for Alternative 3
in the EIS (334-400 daily average)
and at the Alternative 3 peak (600
per day).
37. Hauling on
state, county
and local streets
Ongoing
+
The majority of trucks utilized TH
97, TH 95, and CR 91, the existing
haul route to Scandia Mine. Truck
traffic for projects outside Scandia
utilized TH 95 onto westbound TH
97.
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 8 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
38. Truck warning
signs
Prior to traffic
operations
+
Tiller applied to Washington County
to install truck warning signs on
County Road 91 near the mine
entrance, but the County denied the
request. This condition is no longer
applicable because mining has
ended.
39. Parking and
circulation
Ongoing + All parking occurred within the site.
40. Crash reporting Ongoing
+
No truck that was hauling for Tiller
was involved in a reported crash or
cited for a traffic violation in 2016.
41. Fence Prior to
mining
operations +
Fencing located along TH 95 per
approved site plan was maintained
and in-place prior to start of
operations.
42/3. Hours of
operation
Ongoing
+
Hours of operation were consistent
with the CUP requirement. Tiller
did not request extended hours in
2016.
43. Berm removals Project
completion
+
Berm removals were coordinated
with the City. Berms in the
southwest portion of the site were
removed in 2016 after mining was
completed.
44/17-19. Dust
Control Plan
implementation
Ongoing
+
Applicant submitted updated dust
control plan to the City as required
in April, 2013. The plan is on-file.
45. Dust Control
materials
Ongoing
+
Dust control plan includes use of
dust control materials required by
CUP conditions. Dust control was
implemented in 2016 using water, a
non-chloride suppressant and
sweeping.
46/ 12-16. Dust
Control
monitoring.
Remove
equipment when
mining
completed
Annual
+
Dust control monitoring was not
required in 2016 because mining
activities ended. Consultant
removed monitoring equipment.
47. Review Dust
Control
procedures
Annual
+
City consultant had no
recommendations for changes in
procedures for 2017 AOP.
48. Berms and
screens
Ongoing + Mining is complete, and Tiller
coordinated berm removals with the
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 9 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
City.
49. Truck idling Ongoing
+
Tiller indicated that trucks are not
permitted to idle for more than 30
minutes. No complaints or
observations of longer idling during
2016.
50 & 51/21-25.
Noise standards
and monitoring
Ongoing
+
Noise monitoring completed while
active mining was occurring at the
site. Noise did not exceed state
standards at any of the 5 monitored
sites in 2016.
52-54. Broadband
alarms and
noise control
Ongoing
+
All Tiller equipment is equipped
with broadband alarms. Equipment
inspected twice weekly during
operations and maintenance was
completed as needed.
55. Vegetative
Clearing
Sept.-April + No clearing of trees or brush in
2016.
56. Recycle debris Ongoing + No recycling of trees or brush in
2016.
57. Weed control
and site
maintenance
Ongoing
+
City inspections in 2016 indicated
that site maintenance met CUP
requirements. Tiller completed
spot-herbicide treatment in 2016
and mowing to control weeds.
58. Sanitary
facilities
Ongoing
+
On-site sanitary facilities met CUP
and Mine Safety and Health
Administration requirements.
59. Waste disposal Ongoing + Waste disposal met CUP
requirements in 2016.
60. Updated
Reclamation
Plan
April 19,
2013
+
Updated Reclamation Plan
provided on April 18, 2013, and a
revised plan was submitted in 2014.
Reclamation in 2016 was
consistent with the approved plan.
61. Reclamation
proportional to
mining
Ongoing
+
Phase I reclamation completed per
mining plan and CUP requirement
and monitoring indicates success to
date; Phase 2 reclamation in
process. Reviewed at site visit in
2016.
62-64./29-30
Reclamation and
monitoring
Ongoing
+
Grading, soil placement and
seeding generally met CUP
requirements. Erosion occurred in
some Phase 2 areas in 2016, and
Tiller has proposed stabilization
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 10 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
activities for 2017.
65/31. Tree
transplants
Ongoing
+
The revised plan for transplants
and transition planting area was
approved by the City and
implemented in 2014 and 2015.
Monitoring indicates that the
transplants have survived.
66./10 & 13.
Reclamation
report
Annual
*
Annual reclamation report for 2016
was submitted with the 2017 AOP
Application. Tiller to inform city
when reclamation grades are
established and complete and
erosion issues on areas seeded
in 2016 have been addressed.
67. Reclamation
monitoring by
City
Ongoing
*
City site visit in 2016; areas that
were graded and seeded where
significant erosion occurred need to
be restored in 2017.
68-69. Final
reclamation
End of
project - Final approval of reclamation will
occur at end of project.
70. Woodlands
outside mining
Ongoing
+
Mining activities did not disturb
woodlands outside of mine area
limits.
71. Stockpile height Ongoing
+
The stockpile has been removed,
mining is complete, and no
additional stockpiling is proposed
on the site.
72. Lighting Ongoing + No lighting was added at the site in
2016.
73. Sign permit Before
placement
+
Tiller submitted truck-warning sign
permits to Washington County and
Mn/DOT as required. No other
signage was added to the site in
2016.
74. Pay monitoring
costs
Ongoing
+
The applicant has paid the
monitoring costs and replenished
required escrows to date.
75. Provide site
access
Ongoing
+
The applicant provided site access
as requested by the City and its
consultants.
76. GWQPP Plan April 19,
2013 +
The applicant provided a final
corrected copy of the GWQPP in
April 2013.
77.CUP and
Reclamation
Agreement
March 5,
2013 +
Compliance and Reclamation
Agreement signed by Applicant and
City.
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 11 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
78. Additional
monitoring
Ongoing + No additional monitoring was
requested in 2016.
79. Financial
guarantee
Ongoing
+
Compliance and Reclamation
Agreement included the financial
guarantee.
80. AOP Annual + Applicant obtained the 2016 AOP
and has applied for the 2017 AOP.
81. Letter of Credit Prior to
activity + Applicant provided Letter of Credit
as required by CUP.
82. Fees and
escrows
Ongoing + Applicant paid fees and escrows as
required by CUP.
83. Compliance
with agreements
and permits
Ongoing
+
Applicant complied with
agreements and permits in 2016.
2016 Revised AOP
Additional
Conditions
6 -9. Monitoring
equipment
removal after
mining ends
AOP
+
The City’s consultants removed the
groundwater,surface water, and air
quality monitoring equipment at the
site after mining ended in 2016.
Tiller reported that the monitoring
well was sealed in early January
2017 by a licensed well driller.
10-12. Tiller to
inform city
when mining is
complete for
determination
of mining
grades
AOP
*
Tiller informed the City when mining
was completed, and the City
completed its annual site visit to
review grading and reclamation
activities in the Phase 1 and 2
areas. Work needed to restore
areas where erosion noted.
13. Tiller to submit
reclamation
report within 60
days of the end
of mining
operations.
AOP
-
Tiller submitted an updated
reclamation report with the AOP
application. The report needs to be
updated to include the erosion
issues at the site in 2016. Final
report will be due when agreement
is reached on final reclamation of
areas 3 and 4 with ANCSG.
14. Coordination
with ANSCG
Solar Garden
Plans.
AOP
-
The City has not yet approved final
ANSCG plans and developer
agreement. Coordination with
Mining project discussed in this
staff report.
36. Approval of
change from
AOP + Tiller requested amendments to the
2016 AOP, and the City approved
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 12 February 21, 2017
CUP Condition/
AOP Condition in
Bold
Deadline
Specified
in CUP/AOP
Status Notes
requirements an amended AOP in July, 2016.
37. Letter of Credit
for Phase 2
Reclamation
AOP
+
Letter of credit has provided to city
and is current.
II. OPERATING CONDITIONS – DETAILED EVALUATION FOR THE 2017 AOP
The sections that follow include an evaluation of the operations at the site in 2016, based on the
requirements of the City’s Mining Ordinance and the amended AOP approved in 2016.
Site Operations - Background Information
2016 was the fourth and final year of mining at the Zavoral Mine site. Mining operations ended
during the summer of 2016, and reclamation activities continued through the end of 2016.
Approximately 206,600 tons of mined materials were removed from the site in 2016. 201,200
tons were hauled to the Scandia Mine site, and 5,400 tons of materials were hauled to other
projects. Approximately 4,800 tons of Class 5 was brought onto the site for the construction of a
private driveway, and 6,800 tons of engineered soil were brought onto the site for topsoil
placement for reclamation activities. Reclamation activities included maintenance in the Phase I
and 2 area and final grading, seeding and mulching across the rest of the mined area.
The City and its consultants monitored activities and impacts at the site while active mining
occurred in 2016. The consultants removed monitoring equipment in the second half of 2016,
and provided final summary reports for this annual review by January 23, 2017.
Reclamation activities will continue at the site after mining is completed.
Annual Activity
The application generally includes the data required by the ordinance regarding annual activity
on the site, as follows:
___2016 ____
The amount of material removed from the site: 206,600 Tons
Amount of add-rock brought onto the site: 0 Tons
Recycled asphalt and concrete brought to the site: 0 Tons
Class 5 material brought to the site for private driveway 4,800 Tons
Engineered soil brought to the site for reclamation 6,800 Tons
Average number of trips to and from the site each day
while mining was occurring: 432 trips/day; the peak number of
trips per day was 600 trips.
Depth of Excavation
The CUP requires that the maximum mining depth shall be 840 feet above mean sea level
(amsl), and that the separation between the depth of mining and ground water level shall be 25
feet or more. The City’s groundwater consultant, Leggette, Brashears, and Graham, Inc. (LBG)
Scandia City Council
Tiller Zavoral Mine 2016 AOP Page 13 February 21, 2017
reviews the mining depth and groundwater separation each year. LBG’s Summary report
(January 23, 2017) indicates that the maximum depth of mining in 2016 was 843 feet amsl, and
that depths varied across the site from 843 to 855 feet, which is between 3 and 15 feet above
the permitted depth of 840 ft-amsl. Tiller maintained the required 25 feet minimum separation
distance from the water table under the site as required by the CUP. The activity of the site met
the CUP requirements for mining depth and groundwater separation.
Silica Sand Mining
No silica sand (“frac sand”) mining occurred at the site in 2016.
Ground Water Monitoring Plan and Monitoring Issues
The CUP and AOP include several conditions related to groundwater monitoring, listed below in
italics. The City’s groundwater consultant, Leggette, Brashears, and Graham, Inc. (LBG)
reviews the ground water monitoring results each year for the AOP and provides comments to
the City. The section below summarizes the findings related to each of the conditions. LBG’s
annual report to the City includes the data gathered, complete findings, and recommendations
for 2016.
No dewatering is permitted at the site
o No dewatering occurred with the mining activities in 2016. None is proposed for
2017.
Daily pumping from the Zavoral Site Well shall not exceed 10,000 gallons at a maximum
rate of 1,200 gallons per minute, and annual pumping shall not exceed 1 million gallons.
o Tiller pumped the Zavoral Site Well in August and September in 2016 for dust
control activities. Tiller pumped a total of 108,000 gallons during 2016. The
pumping was within the levels permitted by the CUP and DNR permit. LBG’s
memo stated that the pumping did not affect groundwater levels in the uppermost
aquifer below the site.
The applicant shall provide records of Zavoral Well pumping that document the daily and
annual use, and provide records to several agencies.
o The applicant provided records of the Zavoral Well pumping to the City. The
records were also provided to reviewing agencies as required. The City received
no agency comments regarding the pumping records.
The applicant shall provide a revised Groundwater Monitoring Plan to the City, including
the locations of monitoring wells.
o The applicant completed the update to the Groundwater Quality Protection Plan
(GW QPP) that was required by the CUP, and the updated plan (dated April
2013) is on file at the City.
The applicant shall maintain the groundwater monitoring wells and piezometers and
complete required monitoring 2016 AOP condition: The City or its consultant shall
remove the ground water monitoring stations and the monitoring station upstream of or
near the existing monitoring stations near Crystal Springs and Middle Creek when
mining activities have been completed
o Tiller installed the monitoring wells and maintained the wells as required. LBG
manually measured the water levels and downloaded data at the four
observation wells four times during 2016. LBG removed the data loggers from
the wells at the end of 2016 after completion of active mining at the site.
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Tiller Zavoral Mine 2016 AOP Page 14 February 21, 2017
The City’s consulting hydrologist shall make regular site visits while the mine is
operating, download and analyze data, and provide an annual report to the City.
o LBG completed site visits in April, May, July and November, 2016, and
completed the annual report as required. LBG’s findings and recommendations
are summarized below.
The City shall review the GWPP annually and modify the plan as needed.
o LBG reviews the GWPP annually and provides recommendations as needed.
Monitoring shall include Diesel Range Organics (DRO’s).
o The groundwater analytic results for 2016 show that DRO’s were not detected at
or above the method detection limits.
LBG Analysis and Recommendations Based on 2016 Monitoring Data
LBG completed site visits on April 21st, May 4th, July 15th, and November 28th, 2016
and monitored water levels.
LBG reviewed the groundwater sample results from the site.
Groundwater levels across the site decreased from approximately 0.4 to 0.6 feet
from January through June, 2016, then increased approximately 0.5 to 0.7 feet from
July through December 2016. The trends followed the same general patterns
observed at the site in previous years, and are typical of seasonal variations caused
by variable precipitation and subsequent recharge to the aquifer.
Ground water levels in December 2016 were approximately 1.5 to 2 feet higher than
when mining operations begin in 2013. LBG comment that the increase appears to
be related to higher precipitation levels and recharge to the aquifer in 2015 and 2016
compared to the previous two years rather than mining activity.
The hydraulic gradient and flow direction were consistent with previous years’
results. Groundwater flow across the site is southeast toward the St. Croix River.
The depth of mining and separation from groundwater levels met the CUP
requirements.
The Zavoral Site Well was pumped for dust control at rates and volumes below the
maximum allowable limits prescribed in the CUP, and no impacts to the water table
aquifer were observed as a result of pumping.
The groundwater levels and groundwater quality parameters remained relatively
stable during 2016 during mining operations.
The chemistry results indicate no concerns, and Diesel Range Organics (DRO) were
not detected above the method detection limit in any samples.
No impacts to groundwater levels or quality were observed as a result of the 2016
mining operations. Water quality indicators recorded in 2016 are generally in the
range of those recorded in 2013 during the pre-Tiller mining period.
LBG’s report concludes that based on the evaluations of the 2015 monitoring data,
Tiller’s activities at the Zavoral site met all of the CUP conditions related to
groundwater. LBG noted that at this time, considering mining is completed at the
site, LBG recommends no further groundwater monitoring. LBG removed the
monitoring equipment from the site after mining was completed, and Tiller reported
that the sealed the monitoring well in early January of 2017 using a licensed well
driller.
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Tiller Zavoral Mine 2016 AOP Page 15 February 21, 2017
Surface Water Monitoring
The Zavoral Mine CUP and AOP include several conditions related to surface water monitoring,
listed below in italics. The Washington Conservation District (WCD) monitored the potential
impacts of the mining operation on surface waters on behalf of the City. The following section
summarizes the WCD’s findings related to each of the conditions. The complete findings and
recommendations for 2016 are presented in the WCD’s annual reports to the City.
The applicant shall obtain the required permits for stormwater management prior to
beginning operations at the site.
o The applicant obtained the required MPCA and CMSCWD permits prior to
beginning operations at the site. Copies of the permits are on file at the City.
The applicant shall implement the Best Management Practices included in the Storm
Water Pollution Prevention Plan (SWPPP) and Surface Water Plan.
o Mining was completed at the site in 2016. The WCD noted that the site was
graded to reclamation grades in 2016, seeded, and mulched, and that a series of
heavy precipitation events in late 2016 resulted in gullying within the site that will
require repair. The Planner included a proposed condition for the 2017 AOP that
the erosion on the site requires repair and inspection by the WCD to determine if
it meets the SWPPP and Surface Water Plan requirements.
The City or its consultant shall monitor the potential impacts of mining activities on the
water resources of the site, and submit monitoring reports to the CMSCWD, WCD and
the Minnesota DNR. (Not required in 2016.)
o The WCD monitored the potential impacts of the mining activities on the surface
waters at the site during 2015 on behalf of the City, and submitted the required
annual report. The City provided the reports to the CMSCWD, WCD (the LBG
report), Minnesota DNR and submitted the groundwater report to the Washington
County Department of Health. The WCD’s 2016 report concluded that “To date,
data results do not indicate any impacts to the stream caused by mining
operations.” The WCD submitted a final report including all surface water data
and monitoring results collected at the site from June, 12, 2013 through August
2, 2016.
The monitoring station on Zavoral Creek shall be maintained and monitored for the
lifetime of the project. (Not included in 2016 AOP.)
o The WCD installed stream monitoring equipment on Zavoral Creek in 2013,
2014, and 2015 prior to the start of mining operations to gather baseline data.
Monitoring continued through August, 2016, and indicated no impacts to the
stream from mining operations. WCD staff removed all monitoring equipment
from Zavoral Creek on August 2, 2016 at the completion of mining activity.
The City shall install a monitoring station upstream of or near Crystal Springs, analyze
the data, and report at least annually on any impacts. (Not included in 2016 AOP.)
o The WCD installed stream monitoring equipment near Crystal Springs. Surface
water data were analyzed and included in the WCD’s annual monitoring report to
the City. WCD staff removed all monitoring equipment from Crystal Springs on
July 21, 2016 at the completion of mining activity.
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Tiller Zavoral Mine 2016 AOP Page 16 February 21, 2017
The City shall complete an annual field review of the wetland boundaries of wetlands
within the project area and determine any potential impacts. (Not included in 2016 AOP.)
o Based on the field review and the Board of Water and Soil Resources (BWSR)
concurrence, WCD staff recommended in 2015 that no additional wetland
boundary monitoring shall be required for the Zavoral Mine and Reclamation
Project.
The City or its consultant shall download the data from the monitoring sites on Zavoral
Creek and Crystal Springs at least twice per month while the mine is in operation and
after large storm events. The consultant will provide a summary of the data and analysis
annually for use in the AOP evaluation.
o The WCD gathered baseline and storm event data from the monitoring stations
on Zavoral Creek, Crystal Springs and Middle Creek through August 2, 2016.
The WCD reported that the data results do not indicate any impacts to the stream
caused by the mining operations. The monitoring data included quick,
unsustained spikes in turbidity at monitoring stations. The explanation is
unknown, but the WCD indicated that it could be due to data logger error,
sediment adhering to the sensor, animal activity, or other natural phenomenon,
and is not due to mining activity.
The applicant shall provide the wetland boundary delineation data to the City. The City
shall monitor any changes to the wetland boundaries.
o Tiller provided the boundary delineation data to the City as required.
The City or its subconsultant shall complete twice annual macro-invertebrate monitoring
on Zavoral Creek and provide the information to the CMSCWD.
o In June 2016, the WCD collected macroinvertebrate samples at the site and
provided the results to the Carnelian-Marine St. Croix Watershed District as
required.
Watershed District Comments
The Carnelian-Marine St. Croix Watershed District (CMSCWD) reviewed Tiller’s annual report
and monitoring data gathered at the site. District Administrator Jim Shave noted that “The
District has no comments on the 2017 AOP Application.”
Air Quality Monitoring and Dust Control
The Zavoral Mine CUP and AOP include several conditions related to air quality monitoring and
dust control, listed below in italics. Indoor Environment Group, Inc. (IEG) monitored the
potential impacts of the mining operation on air quality on behalf of the City. IEG’s annual
monitoring occurred during October-November of each year of active mining. Because active
mining ended in the summer of 2016, IEG did not complete monitoring in 2016. The final air
quality monitoring report was submitted in January, 2016.
The applicant shall obtain the required Air Emissions Permit from the MPCA prior to
beginning any operations at the site, and provide a copy of the permit to the City.
o Tiller obtained the required permit prior to the start of mining operations, and
provided a copy of the permit to the City.
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Tiller Zavoral Mine 2016 AOP Page 17 February 21, 2017
The applicant shall implement the Dust Control Plan within 60 days of approval of the
CUP.
o The dust control activities implemented at the site in 2016 complied with the dust
control plan.
The applicant shall utilize non-chloride, agriculturally derived organic polymers or
naturally-occurring polymers on internal haul roads to control dust. The applicant shall
reapply the polymers if they are no longer effective.
o A water truck was used to water the unpaved portions of the Site to control dust
during mining and hauling operations in 2016. During periods of higher truck
activity, dust control on internal unpaved haul roads was completed using a non-
chloride dust suppressant in accord with the approved Dust Control Plan.
The City or its consultants shall perform periodic on-site review and monitoring of dust
control activities during the months that the mine is in operation to assure compliance
with the CUP.
o Dust control monitoring ended in 2016 with the completion of active mining
activities at the site.
The Dust Control Plan and air monitoring procedures shall be reviewed and updated as
necessary on at least an annual basis with the AOP application.
o IEG reviewed the Dust Control Plan in 2015 and recommended no changes for
2016.
The City or its consultant shall establish air monitoring stations at a minimum of five
locations, and collect samples as prescribed in the AOP. 2016 AOP condition: The City
or its consultant shall remove the air monitoring stations at the Zavoral site when mining
activities have been completed.
o Air monitoring stations were removed after mining activities ended at the site.
The City or its consultant shall analyze and compare the air monitoring results to current
State and Federal Ambient Air Quality Standards, and take action as prescribed in the
AOP if the results indicate levels that are above the standards.
o IEG completed monitoring at the site in 2013-2015 as required and the analysis
indicated that emissions at the site for all categories of particulates were below
particulate levels and below EPA standards throughout the years of active mining
at the site.
The applicant shall water and wash haul roads on the site during active mining
operations, in accord with the Dust Control Plan.
o Tiller completed the watering of haul roads during active mining and utilized a
non-chloride dust suppressant as required in the Dust Control Plan.
The applicant shall wash hauling and loading equipment on a regular basis during active
mining operations.
o Tiller completed the equipment washing during active mining as required in the
Dust Control Plan.
The applicant shall complete sweeping activities as required by the AOP.
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Tiller Zavoral Mine 2016 AOP Page 18 February 21, 2017
o IEG observed that Tiller completed regular sweeping as required during its
monitoring at the mine from 2013-2015.
Noise Monitoring
The Zavoral Mine CUP and AOP include several conditions related to noise monitoring, listed
below in italics. SBP Associates monitored the noise generated by the mining operation on
behalf of the City through January, 2016, while active mining operations occurred at the site.
The project shall comply with the City’s adopted noise standards (the City has adopted
the MPCA standards as its standards). The City or its consultant shall complete noise
monitoring at the Project site. The monitoring locations, protocols, and methodology
shall be specified in the AOP.
o SBP chose 5 monitoring locations including sensitive receptors around the mine
site perimeter, and mapped the locations in their report. SBP’s report described
noise from mining operations as “occasionally just audible” at some sites during
testing, and audible throughout the test at other sites. Noise levels were within
State standards at each of the monitored locations. In residential areas, for
example, the maximum L10 daytime noise limit is 65 decibels (dBA), and the
maximum noise level among the five monitoring sites was 55.5.0 dBA. The
maximum L50 daytime noise level permitted is 60 dBA, and the maximum level
monitored at any of the five sites was 50.5 dBA. Detailed results and explanation
of terminology are provided in the SBP report, and are similar to the results of
monitoring completed in 2015.
The AOP specifies that monitoring shall include one or two-worst case residential
locations for each phase of mining, and conduct at least one hour of monitoring at each
location on a quarterly basis during operations in the morning and one hour of
monitoring during operations in the afternoon.
o SBP’s monitoring locations and duration met the AOP requirements.
Noise monitoring shall include at least one hour of monitoring at a representative
location along the St. Croix Scenic Riverway quarterly during mining operations.
o SBP’s monitoring included the required monitoring along the St. Croix River.
A noise monitoring event will be conducted within three weeks of the beginning of each
mining phase, weather permitting, during a typical haul event.
o Monitoring was completed to meet the CUP requirements
The City shall request access to properties as necessary and notify residents.
o Access was requested as required.
If the noise levels at the site exceed State standards, the applicant shall stop all work on
the site, and the applicant will identify and take corrective actions to bring the noise
levels into compliance.
o Noise levels at the site did not exceed State standards in 2016.
SBP Analysis and Recommendations Based on 2016 Monitoring Data
SBP found that noise levels were within the State Standards at each of the monitoring
locations during each of the required monitoring events. Sound from mining operations
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Tiller Zavoral Mine 2016 AOP Page 19 February 21, 2017
was intermittently audible at some of the sites, and audible at others, but did not exceed
State Standards.
No additional noise monitoring will occur at the site because active mining has ended.
Traffic and Monitoring
The Zavoral Mine CUP and AOP include several conditions related to traffic and monitoring,
listed below in italics. Bolton and Menk monitored traffic generated by the mining operation on
behalf of the City through early 2016. No monitoring occurred in 2016 because active mining
ended at the site.
The City or its consultant shall complete traffic monitoring of the project. The traffic
monitoring protocol and requirements shall be identified in the AOP. (Not required in
2016.)
o Bolton and Menk completed the traffic monitoring during active mining operations
from 2013 through early 2016 as required.
The applicant shall maintain the traffic generated by the project so that traffic does not
exceed the maximum levels analyzed in the EIS for Alternative 3—average 334 to 400
round trips per working day and 600 peak round trips per day.
o Tiller reported that hauling occurred on 38 days in 2016, with an average of 432
trips per working day. Tiller reported that the peak number of trips per day was
600 trips. The number is within the maximum levels analyzed in the EIS for
Alternative 3.
The AOP requires that the consultant complete a 14-hour video log of the TH 97 and CR
91 (Lofton Avenue) intersection. The consultant shall provide a summary of
observations and identify any issues or problems. (Not required in 2016.)
The AOP requires that the consultant complete a 14-hour video log of the TH 95 and TH
97) intersection. The consultant shall provide a summary of observations and identify
any issues or problems. (Not required in 2016.)
The applicant shall regularly monitor the entrances and exits to the site, and work with
their hauling contractors and truck drivers to improve compliance with traffic laws. (Not
required in 2016.)
If the City documents that haul trucks are not complying with traffic regulations at the TH
97 and Lofton Avenue intersection, or entrances and exits from the Scandia Mine, the
City may require that trucks cease use of the TH 97 and Lofton intersection, and must
use the TH 97 and Manning intersection for haul trips. (Not required in 2016.)
The City shall review the crash records for roadways in the area that will be used for
hauling every six months to identify safety issues. (Not required in 2016.)
Traffic generated by the project shall not exceed the maximum levels analyzed in the
EIS for Alternative 3 (average 334 to 400 round trips per working day; 600 peak round
trips per day.)
o Tiller reported that the average number of truck trips hauling per day was 432,
and the peak number of trips per day was 600. Traffic generated in 2016
complied with the CUP and AOP conditions.
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Tiller Zavoral Mine 2016 AOP Page 20 February 21, 2017
Other Operating Requirements
The application materials and City site visit confirmed that the mining project met the other
operating requirements in the City’s Mining Ordinance during 2016, including requirements for
the following:
Setback
Fencing
Hours of Operation (no extended hours requested during 2016)
Screening
Noise
Site Clearance
Appearance/condition of the site
Sanitary facilities
Waste Disposal
Fuel and Chemical Storage
Contingency response plan
Processing (no processing at this site)
Trucking operations
Signs
III. SITE INSPECTION
City staff completed site visits to the Zavoral site on November 16, 2016. The site visit reviewed
site mining operations in relation to the AOP and CUP conditions. The site visit also reviewed
the reclamation activities and included discussion of erosion that occurred in some reclamation
areas (discussed below under Reclamation Plan section). The site inspection indicated that
Tiller is complying with the conditions of the CUP and AOP. The inspection concurred with the
WCD comments that prairie establishment in the Phase 1 Reclamation Area is excellent.
The site visit noted that the following reclamation activities have been completed at the site:
Berm removal in the south western portion of the site was completed.
Most of site was graded to final grades and seeded. Some final grading of a small area
that contained the electrical box will be needed in the spring of 2017.
Tiller needs to complete some rock check dams or other BMP’s completed along the
access road.
The slope areas that were seeded near the access road experienced erosion during
heavy rainfall that occurred after the initial seeding. The areas needed to be restored
and seeded again in the spring of 2017.
The access road has been graded and will remain for use by the solar garden.
The area proposed for the solar garden has been seeded with a cover crop. The area
includes Reclamation Areas 3 and 4 identified on the original reclamation plan for the
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Tiller Zavoral Mine 2016 AOP Page 21 February 21, 2017
Zavoral Mine and Reclamation Project. Tiller has assumed that the ANCSG will seed
the solar project area to meet the requirements of their CUP, and that the reclamation
originally proposed for the Zavoral Mine project will not be completed in these areas.
The areas outside the solar project area were seeded with native prairie seed as
required by the Zavoral Mine and Reclamation Project CUP.
Monitoring equipment has been removed.
IV. RECLAMATION PLAN AND COORDINATION WITH THE ARGO NAVIS COMMUNITY
SOLAR GARDEN (ANCSG)
Tiller submitted a detailed Reclamation Plan for the Zavoral Mine site that was approved as part
of the CUP, and a revised Reclamation Plan that the City approved in 2014. In 2016, Tiller
Corporation requested an amendment to the 2016 AOP. The amended AOP included the
following conditions:
1. Requires that Tiller continue to comply with the CUP and 2016 AOP conditions until all
mining activities are completed. (Tiller complied with this condition in 2016.
2. Requires that the City and its consultants remove all monitoring equipment after mining
activities are completed. (This item is complete.)
3. Tiller shall inform the city when all mining is completed and reclamation grades are
established. The City shall review the site to determine compliance with the CUP
requirements for ending the project (removal of equipment, final grades, etc.). (The City
reviewed the reclamation grades at the site in November, 2016. The review noted that
erosion occurred on the areas that were graded and seeded, and that Tiller will repair
these areas in 2017. The 2017 AOP includes a condition to address the erosion
issues.)
4. Tiller shall submit a final reclamation activity progress report, which shall include
reclamation and monitoring for the Phase I area as well as Phases 2-4.
5. Transfer of responsibilities for reclamation in the Phase I area to ANCSG as part of the
development agreement for the project. Maintenance and monitoring in this area must
continue for five years after completion of the mining project.
6. Release of Tiller Corporation from the reclamation obligations after the City has
approved the final reclamation report, final ANCSG plans for its project, and
development agreement with ANCSG.
Tiller complied with items 1 and 2 during 2016. Item 3 is partially complete, and Tiller indicated
it will be completed in 2017. Items 4-6 are not complete, and are included in the proposed
conditions for approval of the 2017 AOP.
2016 Reclamation Report
The Reclamation Report submitted with the 2017 AOP Application indicated that reclamation
activities to date show reclamation success for most of the Phase 1 and 2 areas. The WCD
reviewed the reclamation at the site, and also noted that reclamation in the Phase 1 area met
the criteria proposed for success in the CUP conditions for the Zavoral Mine and Reclamation
Project.
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Tiller Zavoral Mine 2016 AOP Page 22 February 21, 2017
However, the 2016 Reclamation Monitoring Report submitted with the application is incomplete.
It does not discuss the erosion issues that occurred in the Phase 2 area in late 2016, or the
steps that Tiller will take in 2017 to repair these areas. It also does not discuss the Phase 3 and
4 reclamation areas. The application text discusses those issues. The text notes that “The Site
has been fully graded to the reclamation grades, with the exception of a small area which
contained the electrical supply box. After the Site had been graded, seeded, and mulched, a
series of heavy precipitation events in late 2016 resulted in some gullying within the Site that will
require repair. It is anticipated that some minor grading near the electrical supply box and
additional stabilization measure as necessary will be implemented in the coming year.
Maintenance and monitoring of the reclamation areas will continue in accordance with the
Reclamation Plan.
The text also notes that during 2016 “Reclamation was conducted in accordance with the
Reclamation Plan with the exception of an area located within the footprint of a proposed solar
garden, which was seeded with a temporary cover crop. This alteration from the Reclamation
Plan was approved by the City in July 2016 in order to accommodate the proposed solar
garden, which is anticipated as the subsequent use of the site.”
Tiller has had discussions with representatives of the ANCSG and site owner in 2016 in order to
develop the Final Reclamation Plan for the site, which will address the transition from the mine
use to the Community Solar Garden use. The discussions have not yet produced a Final
Reclamation Plan. The recommended conditions for the 2017 AOP include the following:
Tiller shall complete site repair, reseeding, and stabilization measures as needed to
address the erosion that occurred in the Phase 2 reclamation areas in 2016. The WCD
and City shall inspect the repairs and determine if they meet the requirements of the
Reclamation Plan, SWPPP and Surface Water Plan for the site.
Tiller shall submit a final reclamation activity progress report, which shall include
reclamation and monitoring for Phases 1-4.
Tiller shall work with ANCSG and the site owner to transfer the responsibilities for
reclamation and maintenance in the Phase I-4 areas to ANCSG as part of the
development agreement for the Community Solar Garden project. Maintenance and
monitoring in the entire Zavoral Phase 1-4 areas must continue for five years after
completion of the mining project.
The City shall release Tiller Corporation from the reclamation obligations for the Zavoral
Mine and Reclamation Project after the City has approved the repairs completed to the
Phase 2 area, final reclamation report, final ANCSG plans for its project, and
Development Agreement with ANCSG.
ACTION REQUESTED:
The City Council can:
1. Approve the AOP;
2. Approve the AOP with conditions;
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Tiller Zavoral Mine 2016 AOP Page 23 February 21, 2017
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 2017 AOP for the Zavoral Mine and
Reclamation Project, with the following conditions:
1. All site operation and reclamation activities shall, in addition to the requirements of the
Conditional Use Permit and this Annual Operating Permit, comply with and be governed by
the Conditional Use Permit Compliance and Reclamation Agreement between the City, the
Applicant and the Owner approved by the City on February 19, 2013, and the updated
Reclamation Plan approved in 2014.
2. Site operations in 2017 shall be consistent with the application and plans submitted to the
City in November 2012, and as required by the Conditional Use Permit and these
conditions.
3. The applicant’s requests for operating hours or haul routes outside those specified in the
Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by
staff.
4. The applicant shall inform all of its contractors about the following requirements related to
trucking operations, and monitor compliance with the requirements by all of its contractors:
a. Engine braking is prohibited in Scandia per City Ordinance.
b. Lofton Avenue is restricted to daylight hours only as defined in the CUP for the
Zavoral Mine and Reclamation Project.
c. Haul loads are required to be covered.
5. The City or its consultants shall complete monitoring of reclamation activities on the site on
behalf of the City. The applicant shall cooperate with the City as requested to complete the
monitoring activities. The City shall inspect the reclamation activities on an as-needed
basis.
6. The applicant shall complete site repair, reseeding, and stabilization measures as needed to
address the erosion that occurred in the Phase 2 reclamation areas in 2016. The WCD and
City shall inspect the repairs and determine if they meet the requirements of the
Reclamation Plan, SWPPP, and Surface Water Plan for the site.
7. The applicant shall submit a final reclamation activity progress report, which shall include
reclamation and monitoring for Phases 1-4.
8. The applicant shall work with ANCSG and the site owner to transfer the responsibilities for
reclamation and maintenance in the Phase 1-4 areas to ANCSG as part of the Development
Agreement for the community Solar Garden project. Maintenance and monitoring in the
entire Zavoral Mine and Reclamation Project Phase 1-4 areas must continue for five years
after the completion of the mining project.
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Tiller Zavoral Mine 2016 AOP Page 24 February 21, 2017
9. The City shall release Tiller Corporation from the reclamation obligations for the Zavoral
Mine and Reclamation Project after the city has approved the repairs completed to the
Phase 2 area, final reclamation report, final ANCSG plans for its project, and the
Development Agreement with ANCSG.
10. The applicant shall provide advanced notice to, and shall obtain written approval from the
City prior to deviating from any performance requirement contained within the CUP or AOP.
Failure to obtain written approval for a deviation from the performance requirements of the
CUP or AOP shall be a violation of this AOP.
11. The applicant shall maintain the letter of credit for the Phase 2 reclamation work at the City.
12. This Annual Operating Permit shall expire on March 31, 2018.
13. The applicant shall pay all fees and escrows associated with this application.
ACTION REQUESTED:
Staff request that the Council review this report and approve the 2017 AOP for the Zavoral Mine
and Reclamation Project at the meeting on February 21.