9.c)1) Annual Operating Permit for Gravel Mining and Processing Bracht Bros. Inc. - 185th St. Meeting Date: 03/15/2011
Agenda Item: � �� �
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Consider the application for an Annual Operator's Permit(AOP) for
the Bracht Bros., Inc sand and gravel mining operation located on the
north side of 185`�' Street, east of Oakgreen Avenue and west of Old
Marine Trail.
Deadline/ Timeline: 120-day review period ends June 8, 2011. The AOP will cover the
mining season through December 31, 2011.
Background: • The mining operation received a Conditional Use Permit (CUP)
under the city's Mining Ordinance in May, 2008. The CUP and
the ordinance require issuance of an AOP.
� The planner has reviewed the application for compliance with the
CUP and the ordinance, and will present the attached report at the
Council meeting.
Recommendation: The Planner has recommended that the Council approve the AOP with
conditions. A draft resolution has been prepared.
Attachments/ • Draft Resolution 03-15-11-_Approving AOP for Bracht Bros.
Materials provided: . TKDA memorandum, with attachments
Contact(s): Shem Buss, TKDA (651 292-4582)
Prepared by: Anne Hurlburt, Administrator
(Bracht Mining AOP)
Page 1 of 1
03/08/11
CITY OF SCANDIA
RESOLUTION NO. 03-15-11-
RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION
OF BRACHT BROS., INC. FOR
SAND AND GRAVEL MINING
WHEREAS, BRACHT BROS., INC. operates a sand and gravel mining and processing
operation located on approximately 40 acres on 185th St. N which is legally described as:
LEGAL DESCRIPTION
All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range
20, Washington County Minnesota, described as follows:
Beginning at the northwest corner of said south half of the Northwest Quarter; thence
South 1 degree 17 minutes 07 seconds East, grid bearing according to the Minnesota
State Plane Coordinate System in said Washington County, along the west line of said
south half of the Northwest Quarter a distance of 1315.33 feet to the southwest corner of
said south half of the Northwest Quarter; thence north 89 degrees 20 minutes of 10
seconds East along the south line of said south half of the Northwest Quarter a distance of
1533.21 feet; thence North 2 degrees 27 minutes 10 seconds East and parallel with a
49.60 foot wide drive as described in Book 219 of Deeds, page 588 in the office of the
Registrar of deeds, of said Washington County, a distance of 730.88 feet; thence South
89 degrees 57 minutes 10 seconds West a distance of 23.54 feet; thence North 23 degrees
3 minutes 28 seconds East a distance of 400.17 feet; thence North 20 degrees 27 minutes
9 seconds east a distance of 235.12 feet to the North line of said South half of the
Northwest Quarter; thence South 89 degrees 19 minutes 13 seconds West along said
North line a distance of 1809.41 feet to the point of beginning; except the West 365.00
feet of said South half of Northwest Quarter. Subject to an easement for road purposes
over the southerly 33.00 feet and to other easements of record, if any.
And that part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 35,
Township 32 North, Range 20 West, Washington County, Minnesota, described as follows;
Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter;
thence North 89 degrees 19 minutes 13 seconds East along the south line of said
Northeast Quarter of the Northwest Quarter a distance of 494.07 feet; thence North 1
degree 12 minutes 39 seconds West a distance of 198.68 feet; thence South 89 degrees 19
minutes 13 seconds West a distance of 494.07 feet to the west line of said Northeast
Quarter of the Northwest Quarter; thence South 1 degree 12 minutes 39 seconds East
along said west line a distance of 198.68 feet to the point of beginning.
WHEREAS, the site has been actively mined since the 1960's, and has operated under a
previous Conditional Use Permit granted by Washington County, when the County exercised
Resolution No.: 03-15-11-
Page 2 of 3
land use authority within New Scandia Township. Permitted activities include the mining and
processing of aggregate; and
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 operation on
May 20, 2008; and
WHEREAS, Bracht Contracting. Inc. submitted an application for an Annual Operating
Permit to the City of Scandia, which was found to be complete for review on February 8, 2011;
and
WHEREAS, the Scandia City Council reviewed the application at its regularly-
scheudled meeting on March 15, 2011;
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 Annual Operating Permit shall be and hereby is issued, with the
following conditions made a part thereof:
1. The minimum mining excavation elevation shall be 918 feet amsl.
2. The Applicant shall provide the following groundwater monitoring information for 2011,
and on each AOP application in the future:
a. Depth to water level measurements (from below top of casing) in the "Water
Level Table"
b. Production well records, if applicable, so the pumping records can be compared to
past and future groundwater level trends at the site. This shall include data
regarding the water level in the production well under non-pumping conditions
during the spring, summer, and fall monitoring periods.
c. The lab report, chain of custody and the AOP application shall indicate which
"monitoring well" was used to collect samples.
3. The Applicant shall provide for the second 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, if determined necessary by the City.
4. The Applicant shall provide a specific Contingency Response Plan to the City by May 1,
2011.
Resolution No.: 03-15-11- �
Page 3 of 3
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 15th day of March, 2011.
Randall Simonson, Mayor
ATTEST:
City Clerk/Administrator
TKDA ��a�����,��
Seint Paul,MN 55101
TLe right time.7'be rigLt peqre.7'he rlght ooa�pa�t (651)292�400
(631)292-0083�ax
www.&da.can
MEMOR.ANDUM
To: City Council Reference: Bracht Bros.,Inc-Annual Operating
Anne Hurlburt,City Administrator Permit Application for a Mining and
Copies To: Natalie Fitzpatrick,Bracht Bros., Processing Operation
Inc.
Kirsten Pauly, Sunde Engineering City of Scandia,Minnesota
From: Sherri Buss, R.L.A. Proj.No.: 14561.001
Date: March 10,2011 Routing:
SUBJECT: Bracht Bros., Inc. -Annual Operating Permit(AOP)Application for a Mining
and Processing Operation
MEETING DATE: March 15,2011
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
120-DAY PERIOD: June 8,2011
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application,Plans,LBG report, and Relaterl Submittals
BRIEF DESCRIPTION OF THE REQUEST:
The Application is for an Annual Operating Permit(AOP)for an 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 aud received a CUP from the
City of Scandia for its operation on May 20,2008. The CUP inctuded a number of conditions that will apply
to the annual AOP and operation of mining and processing activities on the site.
The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season.
Applications are due by January 30 each year, so that permits can be approved before the start of the mining
season in that year.
An Emplq�ee Owned Company Promofing A�flrmative Actlan airo'Equa!OpportunTry
Scandia City Council Page 2 March 15,2011
Bracht Bros, Inc.,AOP for Mining
EVALUATION OF THE AOP REQUEST
The Applicant is requesting an Annual Operating Permit(AOP) for a mining operation. The pez�mit
requirements are governed by the City's Ordinance No. 103,Mining and Related Activities Regulations. 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 REQUIItEMENTS
The City of Scandia approved a Conditional Use Permit far 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:
Condi#ion Deadline Status
Specified
In CUP
1. Cflmply with CUP Ongoing In process-m.onitored by City staff and
consultants.
3. Comply with rules and Ongoing In process-monitored by City staff and
re ulations consultants.
4. Permits from None Specified Approved permit received by the City
CMSCWD on Jul 1Q,2008 and on file.
5. Installation of July 20,2008 Initial monitoring wells were installed
Monitoring Wells on September 12, 2008,and reviewed
by LBG. Third monitoring well
installed in 2009. Ground vvater
elevation information submitted with
2011 application, per requirement in
2010 AOP.
6. Crround Water July 20,2008 Approved ground water plan is on file
Monitorin Plan at the City.
7. Production VJell Ongoing Well records are being kept and were
Records rovided to the Cit for tl�is re ort.
8. Wash Plant Opexation Ongoing Wash plant did not operate in 2010.
Records
9. Depth of Excavation Ongoing Minimum mining excavation to be 918
feet amsl(above mean sea level)per
conditions in 2010 AOP.
Scandia City Council Page 3 March 15,2011
Bracht Bros,Inc.,AOP for Mining
Condition Deadline Status
Specified
In CUP
10. Ground Water Analysis Ongoing The groundwater xnonitoring plan
for Diesel Range requires that ground water samples be
Organics(DRO) analyzed for diesel range organics
{DRO). Groundwater samples were
collected in January 2011, and results
included in a report from Pace
Analytical Services, Inc.No DRO
detected.
11. Updated Site Plan with July 20, 2008 Updated site map provided in AOP
index wells A lication.
12. Truck Signage July 20,2008 A truck hauling sign with the distance
to the access road was i.nstaIled on the
westbound approach to the site. A
supplemental sign was added to the
e�sting"trucks hauling" sign
indicatin the distance to the entrance.
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 2010
minin season.
14. Dust Control Plan No date A dust control plan was included in the
s cified a lication,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 2011 application.Field inspection
by City staff found that the area was
not disturbed during the 2010 mining
season.
Scandia City Council Page 4 March 15,2011
Bracht Bros,Inc.,AOP for Mining
16-20. Reclamation Plan July 20,2008 Reclamation Plan was approved with
CUP. Reclamation activities related to
the approved plan were described in the
a lication.
21. Letter of Credit/Security July 20,2008 A letter of credit was submitted to the
Cit in 2008 and is current.
22.AOP application January 31 Application materials were submitted
submittal annually on February 4 and February 8,2011,
and were determined complete as if
Februar 8.
OPERATING CONDITIONS-EVALUATION FOR AOP
Site 4perations-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 gra�el. The material was crushed and washed on-site.
However, activity in 2010 was limited to material screening and removal of existing stockpiles. There is a
well on the site that was used for the washing process, and the Applicant obtains a Minnesota DNR Water
Appropriations Permit annually for the weil.No mining into the groundwater has occurred or is planned for
this site.
Annual Activity-2010
The application generally includes the data required by the Ordinance regarding annual activity on the site.
(The Iettez�s"cy"indicate"cubic yards"on the table below.) The 2010 application notes the following:
The amount of material removed from the site in 2010: 4,458 CY
(For comparison,the amount removed in 2009 was 3,618 C�
Amount of add-rock brought onto the site in 2010: 0 CY
Amount of recycled asphalt and concrete brought to the site in 2014: 0 CY
Area reclaimed through backfilling: southeast portion of Phase 2 area.(shown on site plan}.
Acres of reclamation not indicated.
Average number of trips to and from the site per day: 2.21oads/day
Activity Proposed for 2010
The applicant indicates tha#activities at the site in 2011 will focus on removing stockpiled material and
completing reclamation on the site, including:
o Reclamation of additional Phase 2 and Phase 3 areas based on the Reclamation Plan.
o No additional mining is expected at the site in 2011. Material may be hauled from existing
product stockpiles currently located on the site.
Scandia City Council Page 5 March 15, 2011
Bracht Bros, Inc., AOP for Mining
Setbacks
The AOP application indicates that the minimum setbacks are maintained as follows:
• 50 feet from an adjoining property line
• 200 feet from an occupied existing structure
• l00 feet from any residentiai 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 2010 indicated that the
setbacks are maintained and meeting Ciry 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 2010 by City staff indicated that the fence and gates meet the requirements of the
Ciry'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 Ordiziance.
The applicant did not request e�rtended operating hours during 2010 (the application indicates the year as
2009, stafFassume that 2010 was intended). 'The Ordinance requires that any extended hours be specifically
authorized by the City.
Screening
The application describes fhe existing screening at the property,and indicates that no additional screening is
planned for 2011 (the application indicates no additional screening recZuested for 2010; staff assumes that
2011 was the inteuded year). 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.
The Applicant included a dust control plan in the application. The application suggests that the City apply
the first annual calcium treatment and invoice Bracht's. It suggests that Bracht's will be responsible for the
second application, if required, and that dust control will be applied"halfway between Oakgreen Avenue and
Olinda Trail (in front of the first house)to the eastern entrance to the site,"and that the City will invoice
Bracht's for the second dust control application.
The 2010 AOP included a condition that detailed the requirements for dust control diu-ing that year. The
condition is somewhat different from the applicanYs proposed dust control plan in the 2011 application. The
AOP requirernent for 2010 was the following: "The applicant shall provide for the second and any
Scandia City Council Page 6 March 15,2011
Bracht Bros, Inc.,AOP for Mining
subsequent dust control application of calcium chloride from the"trucks hauling"sign near the mine site to
approximately S$6 feet east of Olinda Trail,if determ�ined necessary by the City." The 2011 condition
includes the potential for more than two dust control applications if needed,and provides a more specific
description of the area for application.
Staff have proposed that the 2010 dust control condition be included in the 2011 AOP.
Noise
The CUP requices that all activities will be conducted on the site to meet Federal, State and City noise
standards. No complaints regarding noise at the mine site were received during the 2010 mining season.
Depth of Excavation
The application indicates that new areas of mining will not be excavated below 920' above mean sea level
(amsl),until at least Ehree montlily water level readings have been taken fiom the new monitoring wells. This
section of the application appears to be repeated from the 2009 application, and was not updated based on the
2010 AOP conditions. (The year 2010 should also be updated to 2011 in this section.)
LBG reviewed the monitoring results for the 2010 AOP, and recommended the foliowing regarding the
depth of mine excavation:
Based on the historical DNR observation well data near Big Marine Lake,groundwater levels in the water
table aquifer have fluctuated approximately 6 feet in a season,and as much as 9 feet over a few years. Based
on recent water level data from Bracht's observation well MW-3,the water level on October 29,2009 was at
an elevation of approximately 909 feet amsl.Assuming a rise in water levels of approximatety 6 feet could
occur within a given year,the water table could rise to e(evation of approximately 915. LBG recommends the
depth of excavation not�o below an elevation of 918 to ensure the base of the excavation remains 3 feet
above the water table.
The 2010 AOP included a requirement that the minimunn mining excavation shall be 918 feet above mean sea
level. The same requirement is included in the draft conditions for the 20l 1 AOP.
Site Clearance
No site clearing is proposed in 2011.
AppearanrelConditian
The application indicates that the Operator will maintain the buildin�s and equipment in a neat condition.
Site visits in 2010 have 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.
Scandia City Council Page 7 March 15,2011
Bracht Bros, Inc.,AOP for Mining
Waste Disposal
Waste disposal from the site is required to conform to Federal, State and City requizeznents. The application
indicates that the requirements ha.ve been follawed in 2010, and site visits identified no problems with waste
disposal.
Grourid 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 tv monitor the water table,LBG recommended that an addirional
well be installed at the site. The well was installed in 2010.
T`he applicant included water quality testing results and water level measurements for 2010 in the application.
LBG reviewed the 2010 monitoring data, identified no problems related to water quality or water levels. LBG
noted that ground water levels continued to decline in the general area of the mine, which creates additional
separation from the established excavation depth. LBG included the hydrographs attached to this report to
illustrate the trends in groundwater dcpth.
Fuel and Chemical Storage
The application indicates that fuel and chemicals are stored according to City, State and�'ederal Standards.
The applicant complied with these requirements in 2010.
Contingency Response Plan
The application includes a general Contingency Response Plan.The Ordinance requires that the Applicant
also train staff in itnmediate and remedial response to accidents or spills. The Applicant should indicate if or
when staff training will be provided. The applicant should provide a specific Contingency Response Plan to
the City that may be on file with the Fire Department. This condition was included in the 2010 AOP, and
was not met. The applicant should provide a Contingency Response Plan to the City with by May 1,201 l.
Processing
The application describes the permanent processing equipment and its location at the site. The proposed
operation and location of the pzocessing equipment meets the requirements of the City's Ordinance.
Trucking 4perations
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 application.
The Applicant installed the signs that were required by the CUP in 2008.
Scandia City Council Page 8 March 15,2011
Bracht Bros, Inc.,AOP for Mining
Reclamation Plan
The Applicant subznitted 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 application indicates that reclamation activity in 2010 included backf'illing and sloping with the Phase 2
area on the site plan. Slopes were graded to a minununn of 4:1,topsoil placed, and the area seeded. Grass
establishment was noted in the Phase 1 and Phase 2 area in the fall of 2010.
The application indicates that in 2011,backfilling will continue in the Phase 3 and the fmal reclamation
phase toward the central area of the pit floor. Reclamation will continue to include placement of topsoil,
seeding and mulching. The applicant indicates that these activities will be completed in all reclamation areas
in 2011.
While not required by the Ordinance,it would be helpful for the Applicant to include information in the A�P
application each year regarding the number of acres mined each year and the number of acres reclaimed at
the site.
SITE INSPECTION
The City's Planning Commission and staf�completed site visits and inspection of the Bracht Mining
Operation several times during 2010,as the Applicant completed the items required in the CUP. Staff also
took photos during the site visits to dacument site conditions.No issues related to CUP compliance were
identified in the site visits.
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 RECOMMENDATI4NS:
The Planner recommends approval of the Annual Operating Permit for Bracht Bros.,Inc.,mining and
processing operations,with the following conditions:
1. The minimum mining excavation elevation shall be 918 feet amsl.
2. The App�icant shall provide the following �oundwater monitoring inforrnation for 2011, and on eac4�
° AOP application in the future:
Scandia City Council Page 9 March 15,2011
Bracht Bros,Inc.,AOP for Mining
a. Depth to water level measurements(from below top of casing)in the"Water Level Table"
b. Production well records, if applicable,so the pumping records can be compared to past and future
groundwater level trends at the site. This shall include data regarding the water level in the
production well under non-pumping conditions diuing the spring, summer, and fall monitoring
periods.
c. The lab report, chain of custody and the AOP application shall indicate which "monitoring well"
was used to collect samples.
3. T'he Applicant shall provide for the second and any subsequent dust control application of calcium
chloride from the"trucks hauling"sign near the mine site to approximately 586 feet east of Ulinda
Trail, if determined necessary by the City.
4. The Applicant shall provide a specific Contingency Response Plan to the City by May 1,2011.
ACTION REQUESTED:
Staff request that the Council review this Report and approve the AOP on March 15.
File No. �Q � 1 ���
APPI,ICATION FOR PLANNING AND ZOI�TING REQUEST
City of Scand.ia, Minnesota
14727 209th StceetNorth,Scandia,NIN 55073
Phone 65l/433-2274 Fa�c 6511433-Si 12 Web http://www.ci.scandia.mzi.us
Please read before cotnplefing: The City will not begin processing an appGcation that is incomplete. Detailed submission
requirements may be found in the Scandia Development Code,available at the City office and website(rlrww.ci.scandia.mn.us)and in
the checklist fonns for the particular type of applicaHon. Application fees are due at the time of application and are not refimdable.
1. Property Location: (str�eet address, if applicable)
� S5�' S�-ee-�-.
2. Washington County Parcel ID:
�c�r ,��. R . ��. v 3 a� �o , �3��aod�
3. Complete Legal Description: (attach if necessary)
/�1 Cc.l..Lr�.¢.s�, cn � •�� '��
���'rn�� vr� �'1� (�.�- �r�e.. k.�z azP1�
4. Owncr(s): . Phone:
BRACHT BROS., INC. �h�
8303 216fi"ST N {b� i�5 i- y�`�- �2�'(0
FORfST LAKE MN 55025-9208
Street Address: (651)464-2246 E-Mail:
City/State: Zyp�
5. Applicant/Contact Person: Phone:
(h)
Nu,�'al�e ��a�'c� �b�
��t - ���� 22,y�,
Street Address(Mailing): E-Mait:
City/State: Zip:
6. Requested Action(s): (check all that apply)
'� ..y�- �nn�� �$ Administrative Pertnit Amendment {Development Code)
Variance Eaciension �"�� �tYPe)
Amendment(Comp.Plan)
� Conditional Use Permit(CUP) 5ite Plan Review .
��e� Subdivision,Minor
CUP Extension
CIJP/Open Space Subdivision. Site Plan Modification Subdivision,Preliminary Ptat/Major
CUP/Planned Unit Development Site Plan Extension Subdivision,Final Plat
` Interim Use Permit(IUP) — S�Sn(Permanent) Snvironmental Reviaw
1 l/l 9l2010
7. Brief Description of Request: (attach separate sheet if necessary)
8. Project Name:
I hereby apply for consideration of the above described request and declare that the information and materials submitted
with this application are complete and accurate. I understand that no application shall be cansidered complete unless
accompanied by fees as required by city ordinance. Applications for projects requiring more than one type ofreview
shall include the cumulative total of all application fees specified for each type of review. I understand that applicants
are required to reimburse the city foz all out-of-pocket costs incurred for processing,reviewing and hearing the
application.Thesc wsts shall include,but are not limited to:parcel searches;publication and mailing of notices;review
by the city's engineering,ptanning and other consultants;legal costs,and recording fees. An escrow deposit to cover
these costs will be collected by the city at the time of application. The minimum escrow deposit shall be cumulative total
of all minimum escrow deposits for each type of review required for the project, unless reduced as provided for by
ord'znance. The city may increase the amount of the required escrow deposit at any time if the city's costs ate reasonably
expected to exceed t6e minimum amount. Any balance remaining after review is complete will be refunded to the
applicant. No interest is paid on escrow deposits.
PLEA5E NOTE: If the fee owner is not the applicant,the applicant must provide written authorization by the fee
owner in order fox this application to be considered complete.
Property Fee Owner Signature{s) Date:
a1r�l� �. ' Od/l�y �
�? � u�, ,� � 1
Applicant Signature(s) Date:
,
����.e: ���a�.r�c�: ����o oa v��� �
For City Use Only PAf D
Application Fees: � J �Q • �� �E� �� �Q i�
Escrow Deposit: � �� ��� � �� $�� J�V
CITY OF S NDlA
1 l/19/20 i 0
APPLICATION FOR ANNUAL OPERATORS PERMIT
BRACHT BROS. INC
SAND AND GRAVEL MINING OPERATION
CITY OF SCANDIA
WASHINGTON COUNTY, MINNESOTA
I. INTRODUCTION
The following Annual Operators Permit(AOP) application is submitted on behalf of Bracht Bros.,
Inc. (8rachts)in compliance with the City of Scandia's Ordinance No. 103 and Chapter 4 of the
Development Code: Mining and Related Activities Regulations,Section 6,adopted by the City of
Scandia on August 28,2007.
Brachts currently owns and operates a gravel mining and processing operation in the City of
Scandia, MN. Mining of gravel at the site predates any type of permitting requirements.
However, prior to the incorporation of Scandia in 2006,the site has been issued flve year permits
� from Washington County(since 1991)as well as annual permits from New Scandia Township. ,
The City of Scandia issued a Conditional Use Permit for the site in the spring of 2fl08.
II. ANNUAL REPORT
A. Compliance with CUP:
1. Updated Copv of Application Material: A bound recompilation of all of the information and
� plans submitted to the City during the CUP process is on file at the City.
2. Watershed District Permit: A Watershed District Permit was obtained for the site and is on
file at the City.
3. Monitoring Wells: Three monitoring wells have been installed at the site.Groundwater level
data is included as Attachment A,
4. Ground Water Monitoring Plan: An approved ground water monitoring plan is on file at the
City.
5. Production Well Records: Records of the production well are kept. They will be provided to
the City upon request.
6. Washplant Oaeration: Records of when the washplant operates are kept to identify when the�
production well is pumping. The wasi�plant was dismantled in 2010 in conjunction with site
reclamation activities and will be removed from the site in 2011. The washplant did not
operate in 2010.
Bracht Bros.,Inc. Page 1
2011 Annual Operators Permit Application
January 25,2011
7. Depth of_Excavation: Bracht wiil not excavate any deeper than 920 ft above mean sea level
until authorized by the Ci#y. Once the water�evel data has been reviewed and analyzed by
the City's consulting hydrogeologist,the depth of excavation elevation will be established
based on the elevat�on of the ground water. This elevafion wiil be a minimum of 3'above the
groundwater table.
8. Ground Water Analysis: Ground water Is sampled and analyzed for Diesei Range Organics
(DRO)as indicated in the groundwater monitoring plan. DRO was not detected in the 2010
sampling event.Results are included as Attachment 1. if gasoline is stored on slte in the
future,GRO will also be added to the analyte list.
9. MN Countv Wel!Index: There are no wells on file in the County well index system that a�e
located in the area depicted on the Site Plan: A County Well Index Figure is on file ai the
; City which shows the#ocation of the County Well Index weHs in the vicinity. This infonnation
was also provided on Figure 2 of the permit application materials.
10. Truck Hauling Si�ns: A truck hauling sign with tfie distance to the accQss road was instailed
on the westbound approach to the site, A supplement sign was added to the existing trucks
hauling sign indicating the distance to the entrance.
11. Old Marine 7rail: Bracht discourages trucks from using Old Marine Trail except when
necessary for local hauling.
12. Dust Contro!Plan: A dust control plan is included as item B5 of this application.This is the
same dust control plan previously approved for the site.
13. Webands: A flfty foot buffer area irom the wetiands is pem�anently marked in the field.
There will be no future disturbance of vegetation of mining activity within the setbadc area.
14. Updated Reclamation Plan: Current reclamation progress is indicated on the attached Site
Plan.
15. Final elevations: The approved reclamation plan indicates that the lowest finai grade after
reclamation will be at least ten feet above the highest groundwater elevation.
B. Operating Conditions:
The sfte operates in accordance with opera�ng conditions regulated by Secfion 7 of the
Scandia Ordinance 1U3.
1. Setbacks: No mining,stockpiling or land disturbance activities,with the exception of
berming take place within the setback areas. Minimum setback areas are maintained
as foNows:
• 50 feet frorn an adjoining property line
Bracht 8ros„lnc. Page 2
2011 Annual Operator's Permit Application
January 25,201,1
. 200 feet from an occupied structu�e existing on May 20, 2008.
• 100 feet from any contiguous property subdivided into residential lots of 5 acres or
less
• 100 feet fmm any road right-of-way.
2. Fencing: The en#ire site is fenced wlth 3 strand wlre fencing. Locking metal gates are
located at the site access points.
3. Hours of operation: The site is operated fram 7:00 a.m.to 7:00 p.m. Monday through
Friday except holidays. Extended hours may be required periodically for situatlons
such as emergencies,accelerated work schedules or weather delays. E�ended h;,urs
were not reqaested in 2009. If operatlons are required beyond the 7:00 a.m.to 7:00
p.m. hours,or on Saturciays,Sundays or holidays,prior peRnission will be obta(ned
- from the City of Scandia in accordance with prooedures set forfh in Ordinance No.103.
4. Screening: Landscaping has been completed in accordance with plans approved by
Washington County in 1991. The�e are a number of berms located around the
- = property and trees pianted around the perimeter of the property pravide screening
from adjacent land uses. Many trees were planted In the 1980's which have become
well established and provide excellent screening of the site. Processing and
stockpiling operations are conducted in recessed portions of the site to minimize
visibility. No additional screening activities are planned for 2010.
5. Dust confrol:This plan addresses dust conb�ol measures which a�e implemented at the
gravel mining site.
a. Stripainq Operations: Dust productlon at the site is related p�edominately to
wind erosion of the topsoil, stockpiles and mining ac�vities. Due to the size
particles in topsoil it is subject to three times greater erosional losses than the
� underlyfng sand and gravel deposits. Wind erosion,which creates dust,wil!be
most prevalent during periods of stripping. The maJority of the site where mining
will occur has been stripped. The only additional stripping wfll occur in
conjunction with the restoration of the slte when the eastern portion of the sfte
will be sloped to c�eate final restoration grades.When additional stripping occurs
the foflowing practkes will be folfowed:
. Conduct stripping operations as quickly as practical. This includes removing
all of the topsoil to expose the underlying sand and gravel with reduced dust
production potential,and stockpi}ing the topsoils.
• All berms will be stabilized as quickly as practical by applying seed and
mu�Ch and watering as needed to assur�proper establishment of vegetation.
All berms on the site have been stabilized.
b. Mininq and Processinq Operatlons: Mining operations contribute to dust
� production in the extraction,processing and transportation of product. Mitigative
Bracht Bros.,Inc, Page 3
. 2011 Annual Operators Permit Applicatlon
January 25,2011
measures which can successfully be applied to various aspects of the mining
operation,and which will be followed by the operator are discussed below:
. 7he general setting of operations are recessed and perimeter berms, act to
trap a portion of the dust generated within the site, and prevent it ftom
migrating beyond site boundaries.
• The naturai moisture content of the deposit as well as the washing process
minimizes dust generation.
c. Dust Control on 185�and Old Marine Trail:
• 185�Street: The operator will provide dust control on 185�. Historically this
has been accompifshed in cooperation with the City of Scandia. The City of
Scandia applies calcium chloride treatments as needed and invoices
Brachfs. BrachYs wili be responsible for the second application, if required
applied halfway between Oakgreen Avenue and Olinda Traii (in front of the �
first house) to the eastern entrance to the site. The calcium chloride
treatments have been applied as the City deems necessary, typically 1 or 2
treatments per year depending upon weather and truck hauling activity. The
City bills the operator for the dust control application. The operator agrees to
continue this method and extent of dust control on 185th Street.
• Old Marine Trail: The CUP requires that the operator discourage trucks from
using Old Marine Trail. Therefore, only if there is a local job requiring a
substantial number ofi loads would it be necessary for the operator to provide
dust control on Old Marine Trail. ln that event, the operator will contact the
City prior to beginning the job to determine the appropriate dust control
requirements at that time.
6. Noise: All activities are conducted so as to be in accordance with all Federal,State
and City noise standards.
7. Depth of excavation: New areas of the mining operation will not be excavated lower
than 920' above mean sea level until at least three monthly water level readings have
been taken from the new monitoring wells. No additional mining is anticipated in
2010,only removal of stockpiles and reclamation activity. The water level results will
be analyzed to determine the appropriate minimum mining depth and the proposed
excavation depth and the water level results will be submitted to the City and their
consulting hydrgeologist for review and approval, In no case will excavation be
undertaken closer than 3'to the highest groundwater elevation.
8. Site clearance: There will be no clearing at the site in 2011. �-
Bracht Bros.,Inc. Page 4
2011 Annual Operator's Permit Application
January 25,2011
9. Appearance/condition: All buildings,plants and equipment at the site are maintained
in a neat condition. Weeds and other unsightly or noxious vegetation a�e controlled as
necessary to preserve the appearance of the reciaimed areas.
10. Sanitary Facilities: Portable sanitary facilities are provided in the operating areas.
11. Waste Disposal: Waste generated from the operation is disposed of in accordance
with Federai, State and City requiremenfs.
12. Water Quality Monitoring: An approved groundwater monitoring plan is on#ile for the �
site. Water quality testing results are includc-�i as Attachment 1. Water level
measurements from 2010 are included m Aitachment 2.
13. Fuel and Chemical Starage: All fuel stored on site is stored in accordance with
Federai and State standards.
14. Contingency Response Plan: in the event of a fuel leak or spill,immediate action will be
- taken. lf the spill ar leak is active,measures will be taken to control or stop the spill.
Available on-slte equipment(loaders,dozers)will be used to wntain and recover the
spill. Additional cleanup equipment and personnel wifi be calied 9n for assis'�nce as
necessary.
15. Added Provisions: The operator will comply with ather such reasonable requirements
t�at the City may find necessary to adopt for the protection of heatth,safety and
welfare and/ar prevention of nuisance.
16. Processing: The site operates permanent pracessfng equipment in accordance with
all Federal State and City air and water quality and noise standards. Prooessing
equipment ls screened from view from other properties and adjacent roads. Portable
crushing equipment fs placed on the floor of the facility and setbacks per Ordinance
No. 103 are maintained between the processing equipment and the praperty fines.
17. Recycling: No recycling activities occurred on-site in 2010. Recycling is not anticipated
in 2011.
18. Trucking Operations: The site accesses 185th St�eet No�th,a gravel city street. All
loads leaving the site are baded accordance with state law. Loose material is cieaned
from the truck and tires prior to exiting the facility.
19. Asphalt Plants: No aspha{t plants are ope�ated at this site.
B. Annual Activi#y
Ac4vity in 2010 was limited predominantly to some screening and removal of stockpiles,
There wi11 be no further mining,crushing or washing at this site. 7here are some existing
Bracht Bros.,Inc, Page 5
2011 Annuai Operato�'s Permit Applicatfon
January 25,2011
aggregate stockpi{es remaining on site that will be�emoved as product is sold. There may be
limited on site screening.The majority of activity in 2010 was related to site reclamation
activities. BrachYs intend ta complete final restorat�on in 2011.
1. Amount of material removed from the site in 2010: 4 4. 58 cV ��� v `�
2. Amount of add-rock brought onto the site in 2010: 0 cv 2 ��
3, Amount of recycled asphalt brought to the site in 2010: 0 cv
4. Amounf of recycled concrete brought to the site in 2010: 0_cv
5. Arew�c)aimed and type of reclamation; ln 2010:backfilling and sloping took place within
-_ Phase 2(east side)and Phase 3(west side). Slopes were graded to a minimum of 4:1,
topsoii placed and the area seeded. Grass was beginning to establish throughout Phase
1 and Phase 2 by the Falf of 2010. 1n 2011, backfilling will continue in Phase 3 and the
final reclamation phase to the north and eas# towards the central area of the pit floor.
::v::; Placement of#opsoil and seeding and mufching of all areas ls anticipated to be
completed in 2011.
6, Average number of trips hauling material to anu from the site per day for the season: In
2010 a total of 394 truck loads were hauled from the site, Based on 180 operating days,
this is an average of 2.2 loads per day.
C. Description of operating conditlons planned for the coming year:
9. During the 2011 mining season,focus wiil be an r�eclaiming the site in accordance with
the approved reclamatfon plan.A limited amount of material may be hauled from existing
product stockpiles currently located on site.
2. Site Plan: A Site Plan is attached which it}ustrates the focation of active mining,
stockpiling, processing and reciamafion locations anticipated in 2011.
3, Aerial Photo: A 2410 aerial photo is attached that shows the location of active mining,
stockpiling, processing and reclamation locations anticipated in 2011.
4. Reclamation: Reclamation activities in 2U10 consisted of backfllling the southeastem
portion of Phase 2. Reclamation activlty in 2011 will consist of continued backfilling
towards the north into Phase 3.
. 5. Operating Conditions for 2011: Activity will focus on removing stockplled material and
comp(eting reclamation of the site.
Bracht Bros.,Inc. Pege 6
- 2011 Annual Operator's PermitApplication
January 25,2811
D. Inspection:
The Ci#y conducts an annual site inspection.
1lI.CERTIFlCATION
I certify that the plans,speciflcadons or reports for the
above described facility were prepared by me or under my
direct supervision and that I am a duly Registered
'�� Professional Engineer under the laws of the State of
Minnesota.
.--�'
Kirsten Pauly Reg. No. 21842
Date: January 25,2011
�
Bracht Bros.,Inc. P�7
2011 Annual Operato�'s Permit Application
January 25,2011
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: 3/19/2009 909.84 931.16 909.54
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Brac�E 8ros.,Inc. Page 8
2011 Annual Operato�'s PermitApplication
Januaty 25,2013
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Sherri A. Buss
From: dave.hume@Ibgmn.com
Sent: Monday, February 28,2011 2:18 PM
To: Sherri A. Buss
Subject: RE:Tiller and Bracht Annual Operating Permits
Attachments: hydrographs.pdf; copier.scanner@Ibgmn.com_20110228_151434.pdf
Sherri,
I have read through the Bracht AOP and do not see any concerns,especially with no active mining planned for 2011.
Water levels continued to decline in the area as shown by the attached well hydrographs and well below the previously
established excavation depth.
I did see a few dates that appear to need updating in the text. See attached.
I am reviewing Tiller now.
Dave
_
From: Sherri A. Buss fmailto:sherri.buss@tkda.coml
Sent: Tuesday, February 15, 2011 9:38 AM
To: Dave Hume
Subject:Tiller and Bracht Annual Operating Permits
Dave,
We just received the applications for Annual Operating Permits for the Tiller&Bracht mines in Scandia. I am forwarding
the applications to you today.
The applications will be reviewed at the City Council meeting on March 15,so I would need your comments related to
groundwater/monitoring by February 28, if possible. Let me know if that will not work for you.
Thanks,Sherri
Sherri A. Buss, RLA� Senior PlannedManager, Planning Group
TKDA�444 Cedar Street,Suite 1500,Saint Paul,MN 55101
(651)292-4582 dir�(651)292-0083 fax
www.tkda.com
TI�T�A
� � ��
�r���.��,e�r��=��a
Expert resources from a singte source fo�over 100 years.
1
C�ROUNDWATER ELEVATtON
MEASUREMENTS
BRACHT PIT-SCANDIA,MN
935.00
well MW-2 monitors a ��
perched water zone
� �
�--,�-...
930.00
925.00
NC
G
�
�1/
d
� szo.00
�
� minimum excavation elevation(918 feet amsl)
a
�
W
915.Od minimum water elevation far calcs(915 feet amsl)
In 2010,assumed potentia!6 ft
910.00 rise in water elevation
��:,:
�' ... "'�-.._
''�--�'"'_,,.�,��,�....,. �;
905.00
4J28/Q7 11/14/07 6/1/08 12/18/08 7/6/09 1/22/10 8/10/1d 2/26/11
Date
—�-MW-1 —�—MW-2 —�a-MW-3 Minimum Water Elevation For Calcs Minimum Excavation Elevation