9.a Resolution 02-20-18-02 - approving Tiller Scandia Mine AOP
CITY OF SCANDIA
RESOLUTION NO. 02-20-18-02
RESOLUTION APPROVING THE 2018 ANNUAL OPERATING PERMIT
FOR THE SAND AND GRAVEL MINE AND PROCESSING FACILITYAT THE
SCANDIA MINE SITE
WHEREAS, Tiller Corporation operates a sand and gravel mining and processing
operation and asphalt hot-mix plant located on approximately 435 acres at 22303 Manning
Avenue North, on property legally described as:
The Southeast ¼ of Section 7, in Township 32 North, of Range 20 West; and that part of
the Southwest ¼ of the Southwest ¼ of Section 8, in Township 32 North, of Range 20
West, described as follows:
Commencing at a point in the North line of said Southwest ¼ of the Southwest ¼ of said Section
8, 22 rods East of the Northwest corner thereof, thence West along said North line to the
Northwest corner of said Southwest ¼ of the Southwest ¼, thence South along the West line of
said Southwest ¼ of Southwest ¼ to the Southwest corner thereof, thence E ast along the South
line of said Southwest ¼ of the Southwest ¼ a distance of 42 rods to a point, thence Northwesterly
in a straight line to the point of beginning; and also a strip of land 2 rods wide on the North side of
said Southwest ¼ of the Southwest ¼, commencing 22 rods East of the Northwest corner thereof
and extending to the Northeast corner thereof.
That part of the South Half of the Northeast Quarter of Section 7, Township 32 North, Range 20
West, Washington County, Minnesota, described as follows:
Commencing at the Northwest corner of said South Half; thence Easterly along the North line of
said South Half a distance of 1223.40 feet to the point of beginning; thence Southerly, parallel
with the West line of said South Half, a distance of 1319 .60 feet to the South line of said South
Half; thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of
said South Half; thence Northerly along the East line of said South Half a distance of 1317.76 feet
to the Northeast corner of said South Half; thence Westerly along the North Line of said South
Half a distance of 1422.96 feet to the point of beginning. Subject to 228 th Street North along
North line.
That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast
Quarter of the Southwest Quarter of Section 7, Township 32, Range 20, Washington County,
Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in
Book 312 of Deeds on pages 19 and 20.
Subject to County Road 15A.
Subject to easements of record.
The North One-Half of the Southwest Quarter (N ½ of SW ¼) and the Southeast Quarter
of the Northwest Quarter (SE ¼ of NW ¼) all in Section 8, Township 32, Range 20.
Except: All that part of the Northeast Quarter of the Southwest Quarter (NE ¼ of SW ¼) of
Section 8, Township 32, Range 20, Washington County, Minnesota lying East of the centerline of
County State Aid Highway No. 1 (Lofton Avenue).
Resolution No.: 02-20-18-02
Page 2 of 5
That part of the Southeast Quarter of the Southwest Quarter (SE ¼ of SW ¼) of Section
8, Township 32, Range 20 lying West of the public highway as the same now runs over
and across said tract, except the North 2 rods thereof; and that part of the Southwest
Quarter of the Southwest Quarter (SW ¼ of SW ¼) of Section 8, Township 32, Range 20
described as follows, to wit:
Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest Quarter
(SW ¼ of SW ¼); thence Southeasterly in a straight line to a point 42 rods East of the Southwest
corner of said Southwest Quarter of Southwest Quarter (SW ¼ of SW ¼); thence East to the
Southeast corner of said Southwest Quarter of Southwest Quarter (SW ¼ of SW ¼), thence North
to the Northeast corner of said Southwest Quarter of Southwest Quarter (S W ¼ of SW ¼), thence
West to the point of beginning, except the North 2 rods thereof, said tract.
Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the
Southwest Quarter of Section 8, Township 32, Range 20, Washington County, Minnesota, lying
Westerly of the center line of County State Aid Highway No. 1, as the same is now laid out and
traveled, said center line is described as follows;
Beginning at a point on the South line thereof distant 37.30 feet Westerly of the Southeast corner
thereof (for the purposes of this description, the South line of said Southeast Quarter of the
Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West); thence
Northerly along a curve concave to the West, having a radius of 2864.81 feet and a central angle
of 7 degrees 12 minutes 48 seconds, a distance of 360.67 feet, the chord of said curve bears North
14 degrees 39 minutes 10 seconds West; thence North 18 degrees 15 minutes 34 seconds West,
tangent to said curve, a distance of 282.59 feet; thence Northerly along a tangential curve, concave
to the East, having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54
seconds, a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest
Quarter, and there terminating.
And lying Easterly of the following described line:
Commencing at the Southwest corner of said Section 8; thence Easterly along the South line of
said Section 8, a distance of 1714.61 feet to the point of be ginning of the line to be described;
thence Northeasterly, deflecting to the left 83 degrees 54 minutes 52 seconds, a distance of 623.51
feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter,
and there terminating.
Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8, Township
32 N, Range 20 W, described as follows: Commencing at the Southwest corner of said Section 8,
thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of
beginning of this description; thence Northeasterly deflecting to the left 83 degrees 54 minutes 52
seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter
of the Southwest Quarter of Section 8; thence Easterly along said North line a distance of 757 feet,
more or less, to the center line of County State Aid Highway No. 1; thence Southeasterly along
said center line a distance of 305 feet, more or less, to the South line of S ection 8, thence Westerly
along said South line a distance of 862 feet, more or less, to the point of beginning, according to
the United States Government Survey thereof and situated in Washington County, Minnesota; and
Dresel Property: PID 1703220220002
Sect-17 Twp-032 Range-020 PT N1/2-NW1/4 S17T32R20 BEING THE E 1396FT OF THE
FOLL DESC PARCEL: THAT PT N1/2-NW1/4 OF S17T32R 20 LYING NLY OF THE S 66FT
& LYING WLY OF THE E 768.7FT THEREOF NEW SCANDIA TWP
Roth Property: PID 1703220210003
Resolution No.: 02-20-18-02
Page 3 of 5
Sect-17 Twp-032 Range-020 PT NE1/4-NW1/4 173220 COM AT N1/4 COR OF SEC 17 THEN
S ALONG N&S1/4 LINE OF SD SEC A DIST OF 527.5FT TO PT OF BEG THEN CONT ON
SAME LINE A DIST OF 443.5FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG.
A DIST OF 491FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF
443.5FT TO A PT THEN ON A DEFLECT ANG OF 90DEG. TO RT A DIST OF 491FT TO PT
OF BEG SUBJ TO EASEMENT AND THAT PT NE1/4 NW1/4 S17T32R20 DESC AS
FOLL:COM AT THE N1/4 CORNER OF SEC17 THN SLY ALG THE N-S1/4 LINE OF SEC 17
A DIST 971FT TO THE PT OF BEG THN WLY DEFLECT 90DEG TO THE RT A DIST OF
491FT THN/NLY DEFLECT 90DEG TO THE RT A DIST 443.55FT THN ELY DEFLECT
90DEG TO THE RT A DIST OF 76FT THN NLY DEFLECT 90DEG TO THE LEFT A DIST
548FT M/L TO THE N LINE OF SEC17 THN WLY ALG THE N LINE OF SEC17 A DIST
355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NE1/4 NW1/4 THNC SLY ALG SD
W LINE A DIST 1254FT M/L TO THE N LINE OF THE S 66FT OF SD1/4 -1/4 THN ELY ALG
SD N LINE A DIST OF 770FT M/L TO THE N-S1/4 LINE OF SEC 17 THN NLY ALG SD N-
S1/4 LINE A DIST OF 283FT M/L TO THE PT OF BEG-SUBJ TO CSAH#1 ALG THE MOST
ELY LINE SUBJ TO & INCLUDING ANY VALID EASEMENTS RESTRICTIONS &
RESERVATIONS NEW SCANDIA TWP (RESTRICTION:WRITTEN APPROVAL FROM
NEW SCANDIA TWP IS REQUIRED BEFORE EITHER OF THE TWO(2) PARC ELS OF
LAND DESCRIBED HEREIN MAY BE CONVEYED SEPARATELY
WHEREAS, the site has been actively mined since 1966, and has operated under a
previous Conditional Use Permit granted by Washington County, when the County exercised
land use authority within New Scandia Township. Permitted activities include the mining and
processing of aggregate, the production of hot-mix asphalt, and the recycling of concrete and
asphalt products; and
WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this
mining facility in 1987, and a second EAW was completed in 1999 for a proposed expansion of
the facility; and
WHEREAS, the scope of operations and mining limits proposed in the current permit
application to the City are consistent with the scope of the operations and mining limits reviewed
in the 1999 EAW,
WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of
Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as “the ordinance”)
replaced the requirements of the ordinances adopted by Washington County and the former New
Scandia Township and required the issuance of a new Conditional Use Permit and Annual
Operating Permits for continued operation of existing mining operations; and
WHEREAS, the City approved a Conditional Use Permit for the mining and processing
operations on May 20, 2008; and
WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating
Permit to the City of Scandia, which was found to be complete for review on January 31, 2018;
and
WHEREAS, the Scandia City Council reviewed the application at its regular meeting on
February 20, 2018;
Resolution No.: 02-20-18-02
Page 4 of 5
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does find that the 2018 Annual Operating Permit for the Scandia Mine at 22303
Manning Avenue North, shall be and hereby is issued, with the following conditions made a part
thereof:
1. The applicant shall comply with the conditions of the Conditional Use Permit for sand and
gravel mining and processing at the Scandia Mine site approved on May 20, 2008.
2. The applicant shall pay close attention to the groundwater levels across the site in 2018 to
ensure that the minimum excavation elevation of 922 ft. amsl will not extend below the water
table in the event groundwater levels continue to rise.
3. The applicant shall provide the approximate depth of the excavation below the water table in
future annual reports to confirm the excavation did not go below the 865.87 feet amsl
threshold.
4. The applicant shall renew Watershed District permit number P08-003 for the Scandia Mine
as required by the CMSCWD and provide a copy of the approved permit to the City.
5. The applicant shall submit a lake monitoring plan to the CMSCWD for approval with the
renewal of District permit number P08-003.
6. 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.
7. 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.
8. 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
9. The applicant shall regularly monitor the entrances and exits to the site, and work with their
hauling contractors and truck drivers to maintain compliance with traffic laws.
10. The Reclamation activities shall meet the requirements of the Conditional Use Permit,
including soil and planting requirements.
11. 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.
Resolution No.: 02-20-18-02
Page 5 of 5
12. The applicant shall pay all fees and escrows associated with this application.
13. This Annual Operating Permit shall expire on March 31, 2019.
FURTHER, BE IT RESOLVED, any significant variation from these plans and
conditions of approval shall require an application to amend this Annual Operating Permit.
Adopted by the Scandia City Council this 20th day of February, 2018.
________________________________
Christine Maefsky, Mayor
ATTEST:
___________________________________
Neil Soltis, City Clerk/ Administrator