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
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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