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8.e) Staff Report-TillerScandiaMine2014AOPStaffReport2 18 13Memorandum To: Scandia City Council Reference: Tiller Corporation—Annual Operating Permit Application for Scandia Mine Copies To: Kristina Handt, City Administrator Mike Caron, Tiller Corporation Kirsten Pauley, Sunde Project No.: 15485.001 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: February 10, 2013 SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 18, 2013 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West; all that part of the south half of the Northwest Quarter of Section 35,Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60 -DAY PERIOD: March 25, 2014 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; LBG Comments BRIEF DESCRIPTION OF THE REQUEST: Tiller Corporation has applied for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and currently operates under Conditional Use Permits (CUP's) granted by the City on May 20, 2008. The Tiller mine site previously operated under a CUP 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: Tiller Corporation—Annual Operating Permit Application for Scandia Mine Copies To: Kristina Handt, City Administrator Mike Caron, Tiller Corporation Kirsten Pauley, Sunde Project No.: 15485.001 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: February 10, 2013 SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 18, 2013 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West; all that part of the south half of the Northwest Quarter of Section 35,Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60 -DAY PERIOD: March 25, 2014 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; LBG Comments BRIEF DESCRIPTION OF THE REQUEST: Tiller Corporation has applied for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and currently operates under Conditional Use Permits (CUP's) granted by the City on May 20, 2008. The Tiller mine site previously operated under a CUP An employee owned company promoting affirmative action and equal opportunity Scandia City Council Tiller Scandia Mine 2014 AOP Page 2 February 18, 2013 issued by Washington County when the County exercised land use authority within New Scandia Township. Permitted activities included the mining and processing of aggregate, the production of hot -mix asphalt, and the recycling of concrete and asphalt products. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 31 each year, so that permits can be approved before the start of the mining season in that year. The applications for the Scandia Mine Site since 2010 have included both the Tiller site and the adjacent site that was formerly the Dresel Mine site. The former Dresel site is south of the Tiller site. Tiller purchased the Dresel site in 2009 and is operating both sites. The City issued a CUP for mining and processing at the Dresel site on May 20, 2008. As the Owner of both sites, Tiller needs to comply with the conditions of both the Tiller and Dresel CUP's. Issues and compliance with each are discussed in this report. The City Council approved a CUP and an AOP for Tiller's Zavoral Mine Site on February 19, 2013. Tiller began operations at the Zavoral Site in the fall of 2013. Tiller and its operators transported aggregate materials from the Zavoral Site (Class "C" add rock) to the Scandia Mine Site for storage and processing during the 2013 mining season. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Regulation of Mining and Related Activities, which is Chapter 4 of the Development Code. The Ordinance requires review of the following items for the AOP: 1. The operating conditions of the previous year and conditions required by the CUP's for the Tiller and Dresel sites. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. CONDITIONAL USE PERMIT REQUIREMENTS Tiller Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing at the Scandia Mine site for Tiller Corporation on May 20, 2008. The conditions included the items noted on the table below. Tiller's performance is also indicated on the table and in the text sections that follow: Condition Deadline Status Specified in CUP 1. Comply with CUP Ongoing In process --monitored by City staff and consultants. 2. Comply with Rules and Ongoing In process --monitored by City staff and Regulations consultants. 4. Permits from CMSCWD None specified Received July 10, 2008 and on file at the 1 Scandia City Council Tiller Scandia Mine 2014 AOP Page 3 February 18, 2013 Condition Deadline Status Specified in CUP City. 5. Installation of three July 20, 2008 The required monitoring wells were installed Monitoring Wells in 2008. One well was taken out of service in 2011 to accommodate reclamation activities (MW -2). Tiller has sealed this well and will revise the groundwater monitoring plan to reflect the change. Monitoring results for 2013 were provided with the AOP application and reviewed by Leggett, Brashears, and Graham, Inc. (LBG), the City's groundwater consultant. 6. Ground Water July 20, 2008 Plan was approved in the fall of 2008, and is Monitoring on file. Tiller revised the plan as required in the 2013 AOP conditions. 7. Excavation below water May not begin Excavation into the water table began in table before August 20, 2009. CUP permits mining into ground water 2008 to a depth of 50 feet. Excavation into the groundwater table occurred in 2013 to a depth of 15 to 20 feet. Tiller's application indicated that additional excavation into the ground water table is not likely in 2014. Water level data is collected on an ongoing basis and submitted to the City. Water level data has been submitted for this application, and LBG's review and comments are discussed in the section on Groundwater Monitoring. 8. Production Well July 20, 2008 Production well records are being kept by Records Tiller Corp. and are available to the City. Water use at the site in 2013 was 1,301,000 gallons. The DNR Water Appropriation Permit for the site allows up to 20 million gallons to be used each year --18 million gallons per year for washing, and 2 million gallons per ear for dust control. 9. Ground Water Analysis None specified Groundwater samples were analyzed for - DRO and GRO DRO. No gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. Monitoring results were included with the application and reviewed by LBG. Monitoring was completed in accord with the monitoring plan, and identified no DRO or other ground water concerns. 10. Map of Index Well Sites July 20, 2008 Map was provided to the City on August 28, 2008. 11. Asphalt Plant Setback Ongoing Setback has been maintained as required by from Lake the CUP. I Scandia City Council Tiller Scandia Mine 2014 AOP Page 4 February 18, 2013 Condition Deadline Status Specified in CUP 12. Lake Depth Ongoing Application indicates that the depth of excavation will not exceed fifty feet below the 3. Comply with rules and Ongoing water table, per the CUP. Excavation depth regulations to date is approximately 15-20 feet into the 4. Permits from CMSCWD None specified groundwater table. Excavation occurred below the water table in 2013; applicant 5. Installation of Monitoring July 20, 2008 indicated that additional excavation into the Wells water table is not likely in 2014. 13. Truck Signage and July 20, 2008 Washington County has posted Lofton and Roadway Cleaning Manning Avenues per County requirements. 6. Revise Proposed July 20, 2008 Tiller has posted signs on 218th Street and at Lofton Avenue to restrict trucks from using 228`h Street per City of Scandia requirements. The signs were in place at the City site visit in 2013. 14. Lofton/Highway 97 July 20, 2008 Tiller restricts importing add -rock from Lofton Intersection Avenue during non -daylight hours per the CUP requirements. The City received no complaints on this condition in 2013. 16-19. Updated July 20, 2008 Included in application materials; discussed Reclamation Plan below. 20. Letter of Credit/Security Due before AOP The financial guarantees are current. approval 21. AOP Application January 31, Application submitted on January 24, 2014 Submittal annually and determined to be complete. Dresel Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Dresel Contracting, Inc. on May 20, 2008. Tiller Corporation now owns and operates this site, and therefore must also comply with the conditions of the Dresel CUP. Condition Deadline 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 Received July 10, 2008 and on file at the City. 5. Installation of Monitoring July 20, 2008 Installed in May, 2008. Groundwater Wells Plan needs to be updated to reflect changes to monitoring well MW -2 in 2013. 6. Revise Proposed July 20, 2008 City approved a maximum mining depth 7 Scandia City Council Tiller Scandia Mine 2014 AOP Page 5 February 18, 2013 Condition Deadline Status Specified in CUP Conditions Plan Pit at 922 feet-amsl at the Dresel site, Elevations ensuring three feet of separation between the floor of the mine and the water table surface during high water table conditions, based on monitoring results. 7. Ground Water Monitoring July 20, 2008 Approved in October, 2008 and on file at Plan the City. 8. Revise Site Plan to include July 20, 2008 Provided to City on August 28, 2008. Index Wells 9. Identify Bench Mark July 20, 2008 Established at top of Well Casing MW -1. Elevation 10. Ground Water Analysis - None specified Samples are analyzed for DRO when DRO and GRO mining activity is occurring. No gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. No DRO or other contaminants detected in 2013 monitoring. 11. Signage on 218th and Ongoing Signage was installed and meets the Roadway Cleaning CUP requirements; inspected by City staff during 2013 site visit. 12. Truck Cleaning Ongoing Trucks must meet requirements for cleaning per CUP. No issues identified in 2013. 13. Delineate Northern Wetland None specified Wetland report and delineation completed. Buffer marked by September 15, 2008. 14-17. Updated Reclamation July 20, 2008 Reclamation Plan revised as part of Plan combined Reclamation Plan submitted for the Tiller site with the AOP application. 18. Letter of Credit/Security Before AOP Financial guarantees are current. approval 19. AOP Application January 31 Application submitted on January 24, 2014, and determined to be complete. OPERATING CONDITIONS - EVALUATION FOR THE AOP Site Operations - Background Information The Tiller mine site includes several parcels, as indicated on the Site Plan (Figure C-1). Excavation activities in 2010-2011 removed material between the Tiller site and former Dresel Mine site, merging the two sites into one. Tiller mined both sites in 2013. The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the production of hot - mix asphalt and reclamation activities. The overburden is removed from areas to be mined, and 1 Scandia City Council Tiller Scandia Mine 2014 AOP Page 6 February 18, 2013 stockpiled on the site for use in reclamation activities. The Scandia Mine operated in past years on a seasonal basis from mid-April to mid-November, depending on weather conditions. The opening of the Zavoral Mine has extended operations at the Scandia Mine into the winter months to handle material transported from the Zavoral Mine. The Applicant indicated that the mining activities at the site will continue to operate as they have in the past during the 2014 mining season, and will occur on both the Tiller and Dresel sites. Proposed active mining areas are indicated on the Site Plan (sheet Cl), and will be focused in the central and southern portions of the Tiller site and in the northern portion of the Dresel site. The applicant indicated that the 2014 schedule does not anticipate that processing will occur in 2014. However, if market demand exceeds forecasts, additional mining and processing may occur. Tiller anticipates transporting additional class "C" add rock material mined at the Zavoral Site to the Scandia Mine site in 2014. While class "C" add rock is transported to the Scandia site from the Zavoral site, no class "C" add rock will be transported to the site from other mine sites. The applicant must comply with the conditions included in the Zavoral Mine and Reclamation Project AOP relating to truck hauling and related conditions that impact the Scandia site. Mining into the groundwater began at the site in 2009. This activity has been described in the previous mining plans for this site, and was evaluated in the Environmental Assessment Worksheets completed for the Tiller site in 1987 and 1999. Excavation depth to date is approximately 15-20 feet into the groundwater table, through the end of the 2013 mining season. (The CUP allows mining into the groundwater to a maximum depth of 50 feet.) The AOP application indicates that mining into the groundwater table is not likely in 2014. The asphalt plant at the site is equipped with a bag -house air pollutant collection device, and operates under a Minnesota Pollution Control Agency (MPCA) Air Emissions Permit. Storage tanks as the site (for fuel and asphalt cement) are regulated by the MPCA. The main access routes to and from the site are Manning Avenue (County Road 15) and Lofton Avenue (County Road 1). Both Manning and Lofton are paved. The haul road from Manning Avenue is paved through the site to the hot -mix asphalt plant and loading area. Annual Activity The application generally includes the data required by the ordinance regarding annual activity on the site, as follows: 2012 2013 The amount of material removed from the site: 238,000 Tons 180,000 Tons Amount of add -rock brought onto the site: 166,000 Tons 121,000 Tons (83,500 T class C add -rock from Zavoral mine; 38,000 class A and B add -rock) Recycled asphalt and concrete brought to the site: 40,000 CY 55,000 CY Average number of trips to and from the site each day: 195 Trips/day 137 Trips/day* *The 2013 AOP requires Tiller to report the numbers and source of trucks hauling Class C add - rock from the Zavoral Mine site and other sites to the Scandia Mine site quarterly to ensure that additional truck traffic does not result from the Zavoral Site at peak demand concurrently with 7 Scandia City Council Tiller Scandia Mine 2014 AOP Page 7 February 18, 2013 other sites. In the application for the 2014 AOP for the Zavoral Mine, Tiller reported that approximately 3,620 truckloads of Class C add rock were hauled from the Zavoral Mine to the Scandia Mine in the 4th quarter of 2013, when mining activity started at the Zavoral site. The AOP application for the Zavoral Mine site indicated that the average number of trips to and from the Zavoral Site per day in 2013 was 402 trips per day. The AOP Application for the Scandia Mine site reported that the average number of trips to and from the site each day was 195 trips. Tiller indicated that the difference in the average number of trips between the two sites results from averaging of the Scandia site data over a full year of operation, while the Zavoral site only operated during the 4th quarter of 2013. Tiller indicated that all of the Class C add -rock received at the Scandia Mine site in 2013 came from the Zavoral Mine site. The Planner has included the condition requiring reporting the number and source of trucks hauling Class C add -rock from the Zavoral Mine and other sites to the Scandia Mine site in the proposed 2014 AOP conditions for the Scandia Mine. Tiller needs to report the number of trucks on a quarterly basis rather than averages. The Site Plan included in the application (sheet Cl) shows the areas proposed for active mining and reclamation activity in 2014. Ground Water Monitoring Plan and Monitoring Issues The approved Groundwater Monitoring Plan for the site is on file at the City. The City's groundwater consultant, Legette, Brashears, and Graham, Inc. (LBG) reviews the ground water monitoring results each year for the AOP and provides comments to the City. LBG Analysis and Recommendations Based on 2013 Monitoring Data LBG reviewed the data and analytical reports from the monitoring wells on the Tiller site that were submitted with the application. LBG's comments noted the following: The 2013 groundwater monitoring was completed in accordance with the approved monitoring plan. The chemistry results indicate no concerns, and Diesel Range Organics (DRO) were not detected above the method detection limit in any samples. Groundwater flow direction across the site is generally to the north and consistent with previous submittals. Groundwater levels in the monitoring wells across the site are approximately 1.5 feet lower than the levels were in 2008. In 2013, water levels fluctuated 0.2 to 0.5 feet as a result of natural spring recharge followed by the drier summer and fall seasons. The long-term and seasonal fluctuations are caused by local and regional water table fluctuations and are unrelated to mining activities at the Scandia mine. Based on the decrease in water levels due to successive dry years that are affecting regional groundwater table indicated in the monitoring data, the Planner recommended a condition for the 2013 AOP that the GWMP should be updated to identify the baseline water level information for the site. LBG provided this information and Tiller incorporated it into the GWMP in 2013, meeting the required condition. I Scandia City Council Tiller Scandia Mine 2014 AOP Page 8 February 18, 2013 Tiller excavated 15 to 20 feet into the water table in 2013. This was in compliance with the conditions of the CUP and GWMP, which allow no more than 50 of excavation into the groundwater. LBG provided a hydrograph that illustrates the groundwater elevations on the site from 2008 to November 2013 as part of their analysis (attached). Setbacks The AOP application indicates that the minimum setbacks are maintained as follows: 50 feet from the adjoining property line 200 feet from an existing occupied structure 100 feet from residential property boundaries of 5 acres or less 100 feet from any road right-of-way The setbacks meet the requirements of Ordinance No. 103. City inspection during 2013 indicated that the setbacks were maintained and meet City requirements. Fencing The application indicates that the majority of the site is fenced with 3 -strand wire fencing, except where prohibited due to topography, heavy vegetation and wetlands. There are locking metal gates at both entrances. The fencing meets the intent of the City's Ordinance. City staff reviewed the fencing during the site visits in October, 2013, and verified that it meets the requirements of the Ordinance and CUP. Hours of Operation The site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays. The Applicant is required to obtain the City's permission for any extended hours in accordance with procedures set in Ordinance No. 103. The Applicant noted that extended hours were requested and approved for operation of the asphalt plant (excluding trucking operations) on October 13, 2013 to supply the County Road 7 project. The city approved the extended hours. The City and Tiller did not receive complaints about the extended hours. Screening The application describes screening at the site, and notes that trees have been planted in the past to screen site activities. City staff reviewed the screening during the annual site visit in 2013, and the screening met the requirements of the CUP. No additional berms or plantings are proposed in 2013. The CUP does not require additional screening. Dust Control Major haul roads are hard -surfaced or covered with asphalt millings as dust control measures. The application indicates that the Applicant uses a water truck to control dust on unpaved portions of the site, and calcium chloride is applied to provide dust generated by trucking activity. The applicant indicated that these actions were implemented in 2013 and will be continued as needed in 2014. The CUP does not require additional dust control efforts. The City did not receive complaints about dust control at the site in 2013. 7 Scandia City Council Tiller Scandia Mine 2014 AOP Page 9 February 18, 2013 Noise The Applicant must comply with all Federal, State, and City noise standards. The City received two complaints this year regarding the Scandia Mine, both related to noise and operating outside of the allowed hours of operation. First was Nov. 2, 2013 from 10:30pm to 11:40pm. Complainant said trucks were coming and going from the entrance on Lofton and 223d St. The City Administrator contacted Mike Caron about the complaint, he confirmed that the local farmer that they rent land to was out harvesting crops the night before and used the field entrance near Lofton and 223rd St. The noise was not related to mining operations. The second complaint was regarding noise heard on Nov. 11, 2013 between 6am-6:30am. The City Administrator contacted Mike Caron about the complaint, and he said they were working on equipment, but there was no mining occurring at that hour. The hours of operation apply to mining, as defined in the City's ordinance, and do not apply to equipment maintenance. The definition of mining in the ordinance is the following: "The excavation, removal, storage or processing of sand, gravel, rock, soil, clay, or other deposits." Depth of Excavation The CUP requires that the depth of excavation shall not exceed fifty feet below the water table (865 feet above mean sea level). In previous years, mining has occurred into the groundwater table to a depth of approximately 15 feet. The applicant indicated that mining into the water table occurred in 2013, to a depth between 15 and 20 feet. The 2014 AOP application indicates that additional mining into the water table is unlikely in 2014. To date, excavation is within the depth allowed by the CUP conditions. Site Clearance No site clearing occurred in 2013, and none is anticipated in 2014. Areas that were cleared in previous years will be mined in 2014, as indicated on the Site Plan, Figure C-1. Appearance/Condition The City's site inspection in 2013 confirmed that the site and facilities are maintained in a neat condition. Sanitary Facilities The application indicates that site is served by individual sanitary facilities that meet the requirements of the City's Ordinance and the Mine Safety and Health Administration. City staff inspection confirmed that the City's requirements were met in 2013. Waste Disposal The application indicates that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. The City's site visit in 2013 confirmed that the Applicant is meeting the requirements of the CUP. I Scandia City Council Tiller Scandia Mine 2014 AOP Page 10 February 18, 2013 Water Quality Monitoring Plan The CUP required that Tiller Corporation complete a plan for groundwater monitoring within 60 days of approval of the CUP (July 20, 2008). The approved ground water monitoring plan was completed and is on file at the City. Tiller submitted monitoring results for 2013 with its application for the 2012 AOP. The applicant is completing the required monitoring in compliance with the CUP, and LBG did not recommend a change in conditions for the 2014 AOP. Fuel and Chemical Storage The application describes fuel and chemical storage at the site. The applicant notes that these materials are stored in accord with Federal and State standards and County requirements. On- site fuel storage consists of a 1,000 -gallon above -ground storage tank which is located within a concrete secondary containment area and a 500 -gallon above -ground double -walled tank located next to the standby electrical generator. When production or reclamation crews are present, an additional 1,000 -gallon double -walled tank is brought to the site and used to fuel the equipment for those operations. All asphalt -cement storage tanks are above -ground. This includes two -40,000 gallon tanks and one 20,000 -gallon tank. The storage meets the requirements of the CUP and agency standards. City staff reviewed the facilities with Tiller staff at the 2013 site visit. Contingency Response Plan The application indicates that the site operates under a Spill Prevention, Control and Countermeasure Plan (SPCC) Plan that was submitted and is on file at the City. Processing The CUP application describes the operation of permanent processing equipment on the site, and indicates that the equipment is operated in accordance with Federal, State and City air quality, water quality and noise standards. The CUP requires that the asphalt plant and related structures be set back at least 100 feet from the shore of the proposed lake on the site. Site visits in 2013 verified that the processing facilities meet the setback requirements of the CUP, and no violations of permits were reported in 2013. Trucking Operations The application indicates that truck operations have access to County Road 15 (Manning Avenue) and County Road 1 (Lofton Avenue), which are paved roads. The City received complaints regarding the trucking operations related to transport of material from the Zavoral Mine site to the Scandia Mine in 2013. The complaints and responses are discussed in the staff report for the Zavoral Mine 2014 AOP application. The proposed conditions for the AOP include a condition that Tiller inform all contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: Engine braking is prohibited in Scandia Lofton Avenue is restricted to daytime use only Loads are required to be covered I Scandia City Council Tiller Scandia Mine 2014 AOP Page 11 February 18, 2013 Asphalt Plant The site operates a permanent hot -mix asphalt plant that was in operation at the time the City adopted its mining ordinance. The plant operates under an air quality permit issued by the MPCA and must meet federal, state and city air, water and noise standards. The City received no complaints regarding the operation of the asphalt plant in 2013. Reclamation Plan The applicant submitted a Reclamation Plan with the AOP application that combines the Tiller and Dresel site reclamation plans. Section 8.4 of the City's Mining ordinance requires the following for reclamation areas: All banks must be graded or backfilled; Graded or backfilled areas shall be surfaced with soil of a quality at least equal to the topsoil of areas immediately surrounding, to a depth at least four inches; The topsoil shall be planted with trees, shrubs, legumes or grasses Slopes shall not be steeper than 4:1 Section 8.2 of Ordinance 103 requires the "restoration shall proceed concurrently and proportional to actual mining operations, and will be subject to review and approval at each annual inspection and at the end of the permit period." This section is included in the ordinance to ensure that: Large areas of the site are not left in an unreclaimed state, encouraging erosion, dust and weed establishment The mining operation is making an ongoing investment in reclamation, to avoid potential problems that may occur at the end of the mining operation if a large investment is needed in reclamation, and the applicant's resources are limited at that point, or the applicant abandons the site. The issue related to the proportionality of mining to reclamation was discussed in detail during the 2011 AOP Application Process. Tiller noted at that time that overburden was removed from areas that are currently being mined, and has been stockpiled on site in screening berms to be used later for reclamation. At this time, a relatively large area is being mined, and there are limited areas where reclamation could feasibly occur. Tiller indicated that when mining reaches the end of the current mining phase or the perimeter of the site and is completed, reclamation will be performed in conformance with the approved reclamation plan, and larger areas of reclamation will occur in proportion to areas that are mined. Tiller indicated that some reclamation will occur each season at the Scandia mine based on the amount of material that is available from current operations. Reclamation occurred on a limited area of the site in 2013, and the site plan for 2014 indicates another small area proposed for reclamation in 2014 on the Dresel site. The mine site accepted topsoil material suitable for reclamation in 2013, and set it aside for future use. The applicant indicated that larger reclamation activities will be completed every 5-7 years based on the removal of overburden in preparation for mining, and at the end of the mine's life. The City accepted this proposed schedule for reclamation in relationship to mining in 2011 and 2012 as meeting the ordinance requirement for "proportionality" in these activities. The proposed reclamation in 2014 is consistent with the City's interpretation of the reclamation plan requirements in previous years. I Scandia City Council Tiller Scandia Mine 2014 AOP Page 12 February 18, 2013 Relationship of Application to Zavoral Mine EIS On February 19, 2013 the City Council approved a CUP and an AOP for the Zavoral Mine and Reclamation Project. The approved CUP and AOP include conditions regarding the Class "C" add rock that will be mined at the Zavoral Site and transported to the Scandia Site. The potential impacts of those activities were described and analyzed in the Zavoral Mine and Reclamation Project EIS. The EIS found that the activities will not have significant impacts, but recommended mitigation actions to be included as conditions in the CUP to address potential impacts. The Zavoral Mine CUP includes two conditions related to the truck hauling between the Zavoral Site and the Scandia site. The conditions relate to hauling add -rock and reporting crashes that involve trucks serving the mine sites. Tiller reported on those conditions in the 2014 AOP application for the Zavoral Mine, and their operations in 2013 met the AOP requirements. Tiller transported approximately 83,500 tons (3,620 truckloads) of Class C add -rock from the Zavoral mine to the Scandia mine in 2013, and did not transport Class C add -rock from other mines to the site. No crashes involving trucking operations for the mine operations were documented in 2013. The Planner has included the proposed conditions from the 2013 AOP in the conditions for the Scandia Mine AOP in 2014. SITE INSPECTION City staff completed a site visit to the Tiller Corporation Scandia Mining Operation on October 24, 2013, including documenting conditions on the site in site photos. Findings from the site visits are noted where appropriate in the items above. ACTION REQUESTED: The City Council can: 1. Approve the AOP; 2. Approve the AOP with conditions; 3. Deny the application if it is found that the request is not consistent with the Comprehensive Plan, CUP, AOP Criteria, and Mining Ordinance, and is not in the best interest of the community; 4. Table the request if the Council needs additional information to make its decision. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the Tiller Corporation 2013 AOP for sand and gravel mining and related processing at the Scandia Mine, 22303 Manning Avenue North, with the following conditions: 1. The applicant shall continue to provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non - pumping conditions during monitoring periods. 2. Requests for 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. 1 Scandia City Council Tiller Scandia Mine 2014 AOP Page 13 February 18, 2013 3. The applicant shall inform all of its contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: Engine braking is prohibited in Scandia Lofton Avenue is restricted to daytime use only Haul loads are required to be covered 4. The Reclamation activities shall meet the requirements of the Conditional Use Permit, including soil and planting requirements. 5. The applicant shall record and report the numbers of trucks hauling Class "C" add -rock from the Zavoral Mine site and the number and source location of trucks hauling Class "C" add - rock to the Scandia Mine to the City quarterly, to ensure that additional truck traffic does not result from hauling from the Zavoral Site at peak demand concurrently with other sites. The applicant shall submit annual truck number and source reports with the Annual Operating Permit application. 6. If the applicant has knowledge that a crash or traffic violation occurs involving a truck hauling for Tiller, Tiller shall contact the City to report the incident immediately. The applicant shall report actions it will take to respond to the incident. 7. The applicant shall pay all fees and escrows associated with this application. 8. This Annual Operating Permit shall expire on March 31, 2015. ACTION REQUESTED: Staff request that the Council review this report and approve the AOP at the meeting on February 18, 2014. I