8.c) Staff Report- Bracht 2014 AOPMemorandum
To: Scandia City Council Reference: Bracht Bros., Inc.—Annual
Operating Permit Application
2014
Copies To: Kristina Handt, City
Administrator
Natalie Fitzpatrick, Bracht
Bros., Inc.
Kirsten Pauley, Sunde Project No.: 15485.003
Engineering
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: February 11, 2014
SUBJECT: Bracht Bros., Inc. - Annual Operating Permit (AOP) Application for
a Mining and Processing Operation
MEETING DATE: February 18, 2014
LOCATION: All that part of the south half of the Northwest Quarter of Section
35, Township 32, Range 20, and Washington County, Minnesota
APPLICANT: Bracht Bros., Inc.
8303 -216th Street North
Forest Lake, Minnesota 55025
60 -DAY PERIOD: March 28, 2014
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application, Plans, LBG report, and Related Submittals
BRIEF DESCRIPTION OF THE REQUEST:
Bracht Brothers, Inc. has applied for an Annual Operating Permit (AOP) for its existing sand and
gravel mining operation located on 185th Street North in Scandia. Mining at the site predates
any type of permitting. The site operated under a Conditional Use Permit (CUP) issued by
Washington County when the County exercised land use authority within New Scandia
Township. The Applicant applied for and received a CUP from the City of Scandia for its
operation on May 20, 2008. The CUP included a number of conditions that will apply to the
annual AOP and operation of mining and processing activities on the site.
An employee owned company promoting affirmative action and equal opportunity
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.cam
TKDA
Memorandum
To: Scandia City Council Reference: Bracht Bros., Inc.—Annual
Operating Permit Application
2014
Copies To: Kristina Handt, City
Administrator
Natalie Fitzpatrick, Bracht
Bros., Inc.
Kirsten Pauley, Sunde Project No.: 15485.003
Engineering
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: February 11, 2014
SUBJECT: Bracht Bros., Inc. - Annual Operating Permit (AOP) Application for
a Mining and Processing Operation
MEETING DATE: February 18, 2014
LOCATION: All that part of the south half of the Northwest Quarter of Section
35, Township 32, Range 20, and Washington County, Minnesota
APPLICANT: Bracht Bros., Inc.
8303 -216th Street North
Forest Lake, Minnesota 55025
60 -DAY PERIOD: March 28, 2014
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application, Plans, LBG report, and Related Submittals
BRIEF DESCRIPTION OF THE REQUEST:
Bracht Brothers, Inc. has applied for an Annual Operating Permit (AOP) for its existing sand and
gravel mining operation located on 185th Street North in Scandia. Mining at the site predates
any type of permitting. The site operated under a Conditional Use Permit (CUP) issued by
Washington County when the County exercised land use authority within New Scandia
Township. The Applicant applied for and received a CUP from the City of Scandia for its
operation on May 20, 2008. The CUP included a number of conditions that will apply to the
annual AOP and operation of mining and processing activities on the site.
An employee owned company promoting affirmative action and equal opportunity
Scandia City Council
Bracht Mine AOP 2014 Page 2 February18, 2014
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.
EVALUATION OF THE AOP REQUEST
The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The
permit requirements are governed by the City's Ordinance No. 103, Regulation of Mining and
Related Activities Regulations, which is Chapter 4 of the Development Code. The Ordinance
requires review of the following items for the AOP:
1. The operating conditions of the previous year and conditions required by the
CUP.
2. Proposed operating conditions and any variation from the previous year.
3. Results of the annual inspection by the City.
This review evaluates the request for an AOP based on the Conditional Use Permit, the City's
Ordinance, and the materials submitted by the Applicant that describe the proposed operating
conditions and reclamation plan.
CONDITIONAL USE PERMIT REQUIREMENTS
The City of Scandia approved a Conditional Use Permit for sand and gravel mining and
processing for Bracht Bros., Inc. on May 20, 2008. The CUP included a number of conditions,
identified on the table below, along with the status of each item:
Condition
Deadline
Status
Specified
In CUP
1. Comply with CUP
Ongoing
In process --monitored by City staff and
consultants.
3. Comply with rules and
Ongoing
In process --monitored by City staff and
regulations
consultants.
4. Permits from CMSCWD
None Specified
Approved permit received by the City
on July 10, 2008 and is on file.
5. Installation of
July 20, 2008
Initial monitoring wells were installed
Monitoring Wells
on September 12, 2008, and reviewed
by Leggett, Brashears & Graham, Inc.
(LBG), the City's groundwater
consultant. A third monitoring well was
installed in 2009. Ground water
elevation information was submitted
with 2014 application, and reviewed by
LBG.
6. Ground Water
July 20, 2008
Approved ground water plan is on file
Monitoring Plan
at the City.
7. Production Well
Ongoing
Well records are being kept and were
Records
provided to the City when the well was
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Scandia City Council
Bracht Mine AOP 2014 Page 3 February18, 2014
Condition
Deadline
Status
Specified
In CUP
operating. The well has not been used
for several years, and was not used
during 2013.
8. Wash Plant Operation
Ongoing
The wash plant did not operate in 2013
Records
and will be removed from the site in
2014.
9. Depth of Excavation
Ongoing
Maximum permitted mining depth is
920 feet amsl (above mean sea level)
per CUP conditions. Maximum mining
depth was 924.8 in 2013 and no
additional excavation is proposed.
10. Ground Water Analysis
Ongoing
The groundwater monitoring plan
for Diesel Range
requires that ground water samples be
Organics (DRO)
analyzed for diesel range organics
(DRO). Groundwater samples were
collected in December 2013, and
results included in a report submitted
with the AOP application as required.
No DRO detected.
11. Updated Site Plan with
July 20, 2008
Updated site map provided in AOP
index wells
Application.
12. Truck Signage
July 20, 2008
A truck hauling sign with the distance
to the access road was installed on the
westbound approach to the site. A
supplemental sign was added to the
existing "trucks hauling" sign indicating
the distance to the entrance. Signs
were in place during 2013 site
inspection by City staff.
13. Truck Routes -Old
Ongoing
Bracht indicated in the application that
Marine Trail
they discourage trucks from using Old
Marine Trail except when necessary
for local hauling.
The City did not received complaints
from residents regarding truck traffic on
Old Marine Trail during the 2013
mining season.
14. Dust Control Plan
No date
A dust control plan was included in the
specified
application, and is discussed below.
15. Wetland Buffer
No date
The wetland buffer was marked in the
specified
field as required in the CUP. No
disturbance is planned in that area in
the 2014 application. Field inspection
by City staff found that the area was
not disturbed during the 2013 mining
season.
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Scandia City Council
Bracht Mine AOP 2014 Page 4 February18, 2014
16-20. Reclamation Plan July 20, 2008 Reclamation Plan was approved with
CUP. Reclamation activities completed
in 2013 related to the approved plan
were described in the application.
Final seeding and removal of
equipment is proposed for 2014.
21. Letter of Credit/Security July 20, 2008 The financial guarantees are current.
22. AOP application January 31 Application materials were submitted
submittal annually on January 23 and 28, 2014 and were
complete.
OPERATING CONDITIONS - EVALUATION FOR AOP
Site Operations - Background Information
The site is 40 acres in size. The mining permit is requested for approximately 25 of these acres.
In past years, the mining operations included extraction of sand and gravel. The material was
crushed and washed on-site. Activity during 2010-2013 was limited to removal of existing
aggregate stockpiles and reclamation. There is a well on the site that has been used in the past
for the washing process, and the Applicant obtains a Minnesota DNR Water Appropriations
Permit annually for the well. The well has not been used for several years. No extraction of
gravel or processing occurred in 2012. No mining into the groundwater has occurred or is
planned for this site. The application indicated that no further mining, crushing or washing is
anticipated at this site.
Annual Activity - 2013
The application includes the data required by the Ordinance regarding annual activity on the
site. (The letters "cy" indicate "cubic yards" on the table below.) The activity on the site in 2013
was similar to the types and level of operation in 2012. The application for the 2013 AOP notes
the following:
The amount of material removed from the site in 2013: 4,515 Tons
(For comparison, the amount removed in 2012 was 6,619 Tons))
Amount of add -rock brought onto the site in 2013: 0 CY
Amount of recycled asphalt and concrete brought to the site in 2013: 0 CY
Average number of trips to and from the site per day: 2 loads/day
(238 truck loads were hauled from the site in 2013, over 180 operating days)
.Activity Proposed for 2014
The applicant indicates that activities at the site in 2014 will focus on final seeding of the
reclamation area and removal of dismantled equipment at the site. A small amount of
landscape boulders and rock will be hauled from the site. The reclamation activities proposed
on the site are based on and consistent with the approved reclamation plan.
Setbacks
The AOP application indicates that the minimum setbacks are maintained as follows:
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Bracht Mine AOP 2014 Page 5 February18, 2014
50 feet from an adjoining property line
200 feet from an occupied existing structure
100 feet from any residential lots of 5 acres or less
100 feet from any road right-of-way.
The setbacks meet the requirements of Ordinance No. 103. City inspection during 2013
indicated that the setbacks are maintained and meeting City requirements.
Fencing
The entire mining site is fenced with 3 -strand wire fencing. Locking metal gates are located at
the site access points. Site inspection in 2013 by City staff indicated that the fence and gates
meet the requirements of the City's Ordinance.
Hours of Operation
The application proposes work hours from 7 a.m. to 7 p.m. Monday through Friday, except
holidays. These hours are consistent with the City's Ordinance.
The applicant did not request extended operating hours during 2013. The Mining Ordinance
requires that any extended hours be specifically authorized by the City.
Screening
The application describes the existing screening at the property, and indicates that no additional
screening is planned for 2014. Berms and tree -planting were completed in the 1980's and the
trees are well-established. The CUP does not require any additional screening of the property.
Dust Control
The CUP requires that the Applicant provide a Dust Control Plan to the City, detailing plans for
dust control on 185th Street and Old Marine Trail, if this road is used for hauling. The City's
primary concern related to dust control at the site is the control needed on haul roads -
particularly on 185th Street.
185th Street North. The application indicates that the operator will continue to provide dust
control on 185th Street North, in cooperation with the City. The City applies calcium chloride
treatments as needed. The City pays for the first treatment, and will invoice Bracht Bros. for the
cost of additional treatments, if needed. The condition related to dust control that was included
in the 2013 AOP approval was the following: "The Applicant shall provide for the second (if
needed) and any subsequent dust control application of calcium chloride from the "trucks
hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, as determined
necessary by the City." The planner proposed the same condition for the 2014 AOP.
The application notes that in the current reclamation phase of operations, no significant truck
traffic will be generated by operations at the site. The Planner has included the dust control
condition from the 2013 AOP in the proposed conditions for the 2014 AOP.
Old Marine Trail. The CUP requires that Bracht discourage trucks from using Old Marine Trail.
The application indicates that the Trail would only be used for local jobs. The proposed
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Bracht Mine AOP 2014 Page 6 February18, 2014
conditions for the AOP require that the operator contact the City prior to beginning hauling on
Old Marine Trail to determine the appropriate dust control requirements.
Noise
The CUP requires that all activities be conducted on the site to meet Federal, State and City
noise standards.
The City did not receive noise complaints regarding the mine operations in 2013.
Depth of Excavation
No additional excavation is planned in 2014.
Site Clearance
No site clearing is proposed in 2014.
Appearance/Condition
The application indicates that the Operator will maintain the buildings and equipment in a neat
condition. City site visits in 2013 verified that the condition of the site meets the requirements of
the City's Ordinance.
Sanitary Facilities
Portable sanitary facilities are provided on the site, and comply with the requirements of the
Ordinance.
Waste Disposal
Waste disposal from the site is required to conform to Federal, State and City requirements. The
application indicates that the requirements have been followed in 2013, and site visits identified
no problems with waste disposal.
Ground Water Plan and Monitoring
The CUP required that the Applicant prepare and submit to the City a detailed plan for ground
water monitoring. The plan was completed and approved, and is on file at the City.
The CUP required that the Applicant install the required monitoring wells at the site, in
consultation with LBG, the City's hydrogeologist. Based on review of the initial wells and a
finding that the second well was a perched condition and could not be used to monitor the water
table, LBG recommended that an additional well be installed at the site. The well was installed
in 2010.
The applicant submitted the 2013 ground water monitoring results for the site to the City for
review. Dave Hume, PG, of Leggette, Brashears, and Graham, Inc. (LBG), the City's
groundwater consultant, reviewed the monitoring results for 2012, and indicated the following:
The 2013 groundwater monitoring was completed in accordance with the approved
monitoring plan.
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Scandia City Council
Bracht Mine AOP 2014 Page 7 February18, 2014
DRO was not detected in MW -1, and no other groundwater quality concerns were
indicated in the monitoring results.
The water table elevation in 2013 remained stable in MW -1 and rose approximately 2
feet in MW -3 compared to elevations measured in December, 2013. Levels in 2013
were approximately 2.5 feet lower than the initial monitoring in December, 2008. The
fluctuations result from local and regional water table fluctuations, and are unrelated to
any of the Bracht mining activities.
Dave Hume suggested minor revisions to the monitoring report that do not affect the
results.
The proposed conditions require that the applicant update the application to address the
items identified by LBG.
LBG provided updated well hydrographs for review and for the City's records.
Fuel and Chemical Storage
The application indicates that fuel and chemicals are stored according to City, State and Federal
Standards. The applicant complied with these requirements in 2013.
Contingency Response Plan
The applicant has provided the required Contingency Response Plan to the City.
Processing
The application describes the permanent processing equipment and its location at the site. The
proposed operation and location of the processing equipment meets the requirements of the
City's Ordinance. No processing is proposed in 2014.
Trucking Operations
The application indicates that trucks will access the site from 185th Street North. The CUP
requires that the Applicant discourage trucks from using Old Marine Trail. This is confirmed in
2014 AOP application.
The Applicant installed the signs that were required by the CUP in 2008. The signs were noted
in the City's inspections in 2013.
Reclamation Plan
The Applicant submitted a Reclamation Plan that was approved with the CUP. The proposed
Reclamation Plan includes backfilling to create slopes up to a maximum 4:1 gradient, adding
topsoil, seeding, and mulching.
The 2014 application indicates that activity in 2013 included the final grading and application of
topsoil in the reclamation area. City staff reviewed the reclamation completed to date, and it
complies with the reclamation plan for the site.
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Bracht Mine AOP 2014 Page 8 February18, 2014
The application indicates that in 2014, reclamation activity will consist of seeding one small
remaining area, the removal of dismantled equipment from the site, and removal of a small
volume of marketable material that remains on the site..
SITE INSPECTION
The City's staff completed site visits and inspection of the Bracht Mining Operation in late
October, 2013. Staff also took photos during the site visits to document site conditions. No
issues related to CUP compliance were identified in the site visits.
The City received no complaints related to trucking, noise or other operations at the mine in
2013.
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 identifies a need for additional information.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of the 2014 Annual Operating Permit for Bracht Bros., Inc.,
sand and gravel mining and processing operations, with the following conditions:
1. The maximum mining depth shall be 920 feet amsl.
1. The Applicant shall provide for the second (if needed) and any subsequent dust control
application of calcium chloride from the "trucks hauling" sign near the mine site to
approximately 586 feet east of Olinda Trail, as determined necessary by the City.
2. The applicant shall contact the City prior to beginning any hauling on Old Marine Trail to
determine the appropriate dust control requirements.
3. The applicant shall pay all fees and escrow associated with the application.
ACTION REQUESTED:
Staff request that the Council review this Report and approve the 2014 AOP for aggregate
mining for Bracht Bros, Inc., on February 18, 2014.
01