10.c 2) Resolution 02-21-17-07 Zavoral Mine AOP 2.21.17
CITY OF SCANDIA
RESOLUTION NO. 02-21-17-07
RESOLUTION APPROVING THE 2017 ANNUAL OPERATING PERMIT FOR THE
ZAVORAL SAND AND GRAVEL MINE AND RECLAMATION PROJECT
WHEREAS, Tiller Corporation (“Applicant”) has applied for an Annual Operating
Permit (AOP) to operate the Zavoral Mine and Reclamation Project (“Project”) on a property
owned by James Zavoral, located east of the intersection of State Trunk Highway 97 and State
Trunk Highway 95 (“Site”); and
WHEREAS, the Property is located in Washington County, Minnesota and legally
described in Attachment A; and
WHEREAS, the Applicant submitted an application for a CUP for the Project to the City
on November 25, 2008, including the required Environmental Assessment Worksheet (EAW);
and submitted an updated application on October 9, 2012; and
WHEREAS, the Site proposed for the Project is located within the Agriculture (AG)
Zoning District in the City’s 2020 Comprehensive Plan and related Development Code, and
those were the adopted Comprehensive Plan and regulations at the time of the application; and
WHEREAS, the City and its consultant completed the Zavoral Mine and Reclamation
Project EIS to meet the requirements of Minnesota Rules 4410, and the EIS concluded that if the
mitigation recommendations included in the EIS were implemented that the Project will not have
significant environmental impacts; and
WHEREAS, the City Council approved the Findings of Fact and Record of Decision that
found that the Zavoral Mine and Reclamation Project EIS was adequate to serve as the
environmental review for the Project because it met the criteria set forth in Minnesota Rules
4410.2800 and the requirements of Minnesota Statutes Chapter 116D on September 25, 2012;
and
WHEREAS the City approved a Conditional Use Permit for the Zavoral Mine and
Reclamation project on February 19, 2013; and
WHEREAS, the Scandia City Council reviewed the AOP application at its regular
meeting on February 21, 2017; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does find that the Annual Operating Permit for 2017 for the Zavoral Mine and
Reclamation Project shall be and hereby is issued, with the following conditions made a part
thereof:
Resolution No.: 02-21-17-07
Page 2 of 3
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.
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.
Resolution No.: 02-21-17-07
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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.
Adopted by the Scandia City Council this 21st day of February, 2017.
______________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk