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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 1 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. 7 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: 1 Scandia City Council 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 1 Scandia City Council 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. 1 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. 1 Scandia City Council 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