5.b) Agreement with EDAW, Inc./AECOM for Zavoral Mining and Reclamation Project EIS Meeting Date: 3/2/2010
Agenda Item: � /
i `J
City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651)433-2274
Action Requested: Approve a new consulting agreement with EDAW, Inc./AECOM (hereinafter
referred to as AECOM) for preparation of the Zavoral Mining and Reclamation
Project EIS (Environmental Impact Statement.)
Deadline/Timeline: Preparation of the EIS based on the revised scope should begin as soon as
possible. The work plan schedule calls for completion of the final EIS by
November, 2010.
Background: • On January 19, 2010, the City Council approved a revised EIS Scoping
Decision due to changes in the project proposed by Tiller Corporation.
• A new contract with the City's consultants, AECOM, is necessary to reflect
the revised scope of the project. Because of the significant changes in the
work plan, it was determined to be best to close out the previous contract,
and to commence a new contract for the remainder of the project.
• Appendix A to the revised agreement reflects the changes in the work to be
performed. Appendix B summarizes the costs and fees, which will be
$318,394 for the additional work to be performed.
• The original agreement with AECOM had a cost of$315,173.
Approximately$85,100 was spent under the first contract.
• The payment and reimbursement agreement between the City of Scandia
and Tiller Corporation requires Tiller to pay the full cost of preparation of
the EIS. Tiller was provided with a copy of the revised work plan and cost
estimate. As of the date of this memo they have made no comment.
• The agreement has been reviewed by the City Attorney.
• Leslie Knapp with AECOM will be present at the March 3 Council meeting
to answer any questions you may have.
Recommendation: I recommend that the Council approve the consulting agreement.
Attachments/ • Consulting Agreement with EDAW, Inc./AECOM
Materials provided:
Contact(s): Leslie Knapp, PG
Senior Associate AECOM (763 551-2441)
Prepared by: Anne Hurlburt, Administrator
(AECOM Contract)
Page 1 of 1
02/25/10
CONSULTING AGREEMENT
THIS AGREEMENT, effective this 2nd day of March 2010, entered into by and between the City of
Scandia, Minnesota ("Client") and EDAW, Inc., an AECOM company with offices located at 161
Cheshire Lane North, Suite 500, Minneapolis, Minnesota,55441 (hereinafter referred to as the
"ConsultanY'). As provided in this Agreement.
WITNESS THAT
WHEREAS the Client wishes to retain the Consultant to perform certain services required by the
Client or the Client's Contract with the Tiller Corporation (hereinafter referred to as the
Owner)(for the Zavoral Mine and ReclamaHon Project Environmental Impact Statement (EIS) for
a site located in the City of Scandia,Washington County,Minnesota project,and
WHEREAS, the Consultant is willing to undertake the performance of such services in
accordance with the terms and conditions hereinafter set forth,
NOW THEREFORE the parties hereby agree as follows:
INDEX
ARTICLE Pa�e
1. The Work.................................................................................................................2
2. Contract Documents.................................................................................................2
3. Contract Time..........................................................................................................2
4. Contract Price..........................................................................................................3
5. Payment Provisions..................................................................................................3
6. Preliminary Matters.................................................................................................4
7. Availability of Lands...............................................................................................4
8. Risk Allocation........................................................................................................5
9. Consultants Responsibilities....................................................................................5
10. Work by Others........................................................................................................6
11. Client Responsibilities and Authority......................................................................6
12. Changes....................................................................................................................7
13. Warranty..................................................................................................................7
14. Suspension and Termination....................................................................................7
15. Miscellaneous Provisions........................................................................................8
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW (AECOM
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ARTICLE 1 -THE WORK
1.1 Work to be Performed: The Consultant shall perform the services set forth in the Consultant's
Proposal as Appendix A (the Services), and such additional services as Consultant and Client
may jointly agree upon in writing ,at the project site or sites and vicinity as identified in the
Consultant Proposal/Statement of Work.The Services,including any additions and modifications,
shall be performed in accordance with this Agreement.
ARTICLE 2- CONTRACT DOCUMENTS
2.1 Documents and Precedence: The documents listed in 2.1.1 thru 2.1.3 together with any Change
Orders issued in accordance with Article 12 of this Agreement, constitute the "Contract
Documents" of this Agreement. Any preprinted terms and conditions on forms used by either
party in the administration of this Agreement are void and shall not act to supplement or replace
the terms and conditions of this Agreement as set forth in the Contract Documents For the
purposes of establishing obligations and the resolution of ambiguities in the Contract Documents,
the following order of precedence shall prevail:
2.1.1 Appendix A-Consultants Proposal/Statement of Work,dated February 8,2010.
2.1.2 Appendix B-Cost Proposal,dated February 8,2010.
2.1.3 This Agreement
ARTICLE 3-CONTRACT TIME
3.1 Schedule: The Consultant shall provide the Services called for by the Contract Documents
beginning not earlier than the date of the Notice to Proceed issued by the Client. All Work shall
be fully completed no later than December 2011. unless sooner terminated or extended as
provided herein.
Work on the previous Zavoral Mine and Reclamation Project EIS contract dated August 19th,
2009 with the Client will cease on February 24th, 2010 and all charges up to that date will be
billed to the Client prior to closing that contract and replacing it with this contract.
3.2 Delays: Consultant shall not be liable for delays or failure to perform its Services caused directly
or indirectly by circumstances beyond Consultant's control, including but not limited to, acts of
God, fire, flood, war, sabotage, accident, labor dispute, shortage, government action including
regulatory requirements,changed conditions, delays resulting from actions or inactions of Client,
Owner or third parties, site inaccessibility or inability of others to obtain material, labor,
equipment, or transportation. Should any of the above occur, then the date for Completion or any
other milestone date shall be adjusted for such delay in accordance with Article 12, provided the
Consultant reports the delay to the Client within a reasonable time, or the time required by the
Owner Contract,of its' discovery.
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ARTICLE 4-CONTRACT PRICE
4.1 Consideration: Consultant will perform the Services in exchange for the following fee: (select
applicable basis of consideration)
_ Client will pay on a time and material basis. Consultant will invoice according to its
Fee Schedule attached to the Proposal at Appendix B.
_ Client will pay a lump sum of$ . Consultant will invoice monthly on a
percentage completed basis.
X Client will pay on a time and material basis not to exceed the sum of$318,394.00.
Consultant will invoice according to its Fee Schedule attached as Appendix B up to the
stated limit. Upon reaching the stated limit, Consultant will work with the Client to
obtain authorization for any additional services and funding in writing.
ARTICLE 5-PAYMENT PROVISIONS
5.1 Payment: Consultant will submit invoices to Client monthly. Client recognizes that timely
payment is a material part of this Agreement. Each invoice is due and payable within thirty(30)
calendar days of the date of the invoice. Client will pay when due that portion of invoice not in
dispute. If Client fails to pay any undisputed invoiced amounts within thirty(30)calendar days of
the date of the invoice, Consultant may suspend its performance pending payment of all past due
invoices or terminate this Agreement without incurring any liability to Client therefore and
without waiving any other claim against Client. Any undisputed invoice amount not received by
Consultant within thirty calendar days of the invoice shall accrue interest due and payable at the
rate of fifteen percent (15%) compounded annually, if allowed by law, otherwise at the highest
annual interest allowed by law.
5.2 Travel:Approved travel required during the performance of this Agreement will be subject to the
terms and conditions and applicable rates as set forth in the Federal Travel Regulations and
invoiced as an addirional cost.
5.3 Invoicing Instructions: T'he Consultant will submit invoices with at least the following
information: the invoice date, title of the Agreement, name and address of Consultant
representative to whom payment is to be sent,description of services performed and costs related
thereto. In addition to the aforesaid, Consultant shall provide proof of payment for its
Subconsultants or Subcontractors upon request by the Client. Furthermore, it is understood,
Consultant's payment obligations to the Subconsultants or Subcontractors shall become binding
only upon such time as Consultant receives payrnent in full by the Client. Invoices will be
submitted to the Client in duplicate. Invoices and payments will be addressed as follows:
Invoices to: City of Scandia Payments to: EDAW Inc.,an AECOM
company
14727 209�'Street North Dept. 9269-18
Scandia,MN 55073 Los Aneeles,CA 90084-9269
Attn: Ms. Anne Hurlburt 303.595.4522
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW �AECOM
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5.4 Taxes: Client agrees to pay Consultant, in addition to the Contract Price, all taxes of any type
assessed by any governmental taxing authority with respect to the Services, excepting only taxes
measured by the income of the Consultant. Client's obligation to pay taxes under this provision
includes without limitation the obligation to reimburse Consultant for taxes paid to sub-
consultants, subcontractors and other suppliers for work and materials incorporated in the
Services.
ARTICLE 6-PRELIMINARY MATTERS
6.1 Permits and Licenses: The Consultant has or will have, prior to the commencement of any
work, all necessary business and professional licenses, permits, and other necessary Federal,
State, County, Municipal, or other licenses as may be required to enable the Consultant to
perform the services required hereunder.
6.2 Agreement Administration: Consultant contacts with the Client regarding prices, terms,
financial actions, etc., shall be made with the Client's authorized Representative. All
correspondence between the Consultant and the Client shall be addressed to the Client's
designated Representative.
6.3 Communications with Owner: All of ConsultanYs written or oral communication with or to the
Owner,or Federal, State,or local agencies relative to work under this Agreement must be through
or with the authorization of the Client's authorized Representative.
6.4 Documents and Records: Client acknowledges that Consultants' reports,boring logs, field data,
field notes, laboratory test data, calculations, estimates and other similar documents ("Records")
are instruments of professional service, not products. All data Consultant prepares for Client
under this Agreement shall become the property of the Client upon final payment for services
rendered under this Agreement. Such data and work product are intended only for use in
connection with the Project, and any reuse by the Client for any purpose other than that for which
prepared shall be at C1ienYs sole risk (and EDAW shall have no liability whatsoever for the
same).
6.5 Reuse of Project Documents: The project documents prepared or furnished to Client by
Consultant under this Agreement may be based on information obtained from sources outside
Consultant's control. Other than the application of prudent professional care in their evaluation,
the Consultant does not warrant, expressed or implied the accuracy thereof. All documentation
furnished to the Client is intended for the benefit of the Client for the purpose stated herein and is
not intended or represented to be suited for reuse by the Client or others. Any reuse without the
specific written consent of the Consultant for the specific purposes intended will be at user's sole
risk and without liability and legal exposure to Consultant. Client agrees to indemnify and hold
Consultant harmless from any and all liabilities, losses, costs, or expenses suffered by Consultant
in connection with Client's unauthorized reuse of project documents.
ARTICLE 7-AVAILABILITY OF LANDS
7.1 Client Furnished Access to Lands: The Client will furnish access to the lands upon which the
Services are to be performed,rights-of-way for access thereto and lands designated for temporary
use. Easements, if required, will be provided by the Client. The Client will allocate the land
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW �AECOM Page 4 of 9
provided by the Client or Owner for temporary use during construction among project consultants
and contractors.
ARTICLE 8-RISK ALLOCATION
8.1 Insurance: During the period that Services are performed under this Agreement, Consultant will
maintain, the following insurance: (i) Workers' Compensation coverage in accordance with the
laws of the states having jurisdiction over its employees engaged in the Services and Employer's
Liability Insurance(limit of$1,000,000 each occurrence.); (ii)Commercial General Liability with
a limit of$1,500,000 per occurrence and a $2,000,000 aggregate; (iii) Commercial Automobile
Liability with a limit of $1,500,000 per occurrence and a $1,500,000 aggregate; and (iv)
Professional Liability coverage with a $1,500,000 limit on each claim and a $1,500,000
aggregate.
8.1.1 Certificates: Prior to beginning Services, Certificates of insurance shall be furnished to
the Client evidencing that the coverage will be in effect throughout the performance of
the Services and will not be canceled or materially changed until at least thirty (30) days
written notice has been given to the Client. The Consultant will list the Owner as
additionally insured.
8.1.2 Subtier Subconsultants: The Consultant agrees to flow down these insurance
requirements, as applicable, to all Subconsultants and Subcontractors that provide any
services or work.
8.2 Indemnity / limitallon of Liability: Subject to any limitations stated in this Agreement,
Consultant will indemnify and hold harmless Client officers, directors, employees from and
against all claims and actions, including reasonable attorneys fees, arising out of damages or
injuries to persons or tangible property arising out of or caused by a negligent act, error, or
omission of Consultant or any of its agents, subconsultants, subcontractors, or employees in the
performance of Services under this Agreement. Consultant will not be responsible for any loss,
damage, or liability to the extent they arise from any contributing negligent acts by Client or
Owner, or their subcontractors, agents, staff, or consultants. Neither party will be responsible to
the other for consequential damages including, but not limited to, loss of profit, loss of
investment or business interruption. Consultant's liability is limited to the extent claims arise out
of its negligent performance of services hereunder.
8.3 Jobsite Safety: Unless the specified Services provide otherwise, Consultant is responsible for
safety of its own employees within the work zone necessary to perfonn the Services. This shall
not relieve the Owner for maintaining a safe jobsite.
ARTICLE 9-CONSULTANTS RESPONSIBILITIES
9.1 Independent Status / Subcontracting: Consultant expressly agrees that it is an independent
contractor and its employees engaged in the Services are not and shall not be treated or
considered employees of the Client or Owner. It is understood that Consultant may retain
subcontractors to perform services as presented in Appendix B. Should it be determined
appropriate or necessary to rely on a subcontractor not identified in the proposal, Consultant shall
obtain the written approval from Client. Consultant retains the responsibility for the conduct of all
sub-consultants and subcontractors,and the services provided.
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW �AECOM
Page 5 of 9
9.2 Proprietary Information: "The Consultant shall not directly or indirectly or through its
employees disclose to any third person or use for the benefit of anyone other than the Client or
Owner, either during or after the term of this Agreement (or for the period of time stipulated in
the applicable data), any secret or proprietary infonnation provided to the Consultant by the
Client or Owner in its possession, whether relating to the Work performed hereunder or to the
business and affairs of the Client or Owner, provided such information is clearly designated
secret or proprietary when conveyed to Consultant. Such information shall include, without
limitation, Client or Owner manuals, forms or procedures. Disclosure shall not be made without
the prior written consent of the Client unless disclosure is required by law or if the proprietary
information becomes a part of the public domain, in which case notification of the request for
such information shall be provided to the Client and/or Owner prior to release. Information
identified in writing by the Consultant as confidential and/or proprietary shall be similarly treated
by the Client.
9.3 Publications: The Consultant shall not publish or publicly disseminate any information or data
derived or obtained from or in connection with any services rendered hereunder,without the prior
written consent of the Client.
ARTICLE 10-WORK BY OTHERS
10.1 Cooperation: Consultant will cooperate with Client and Owner personnel, contractors and
Subconsultants who may be working on the site. Particular attention will be paid to such matters
as safety, and use and disruption of utilities.
ARTICLE 11 -CLIENT RESPONSIBILITIES AND AUTHORITY
11.1 Client's Representative: Client shall assign a Representative authorized to act on Client's
behalf with respect to the project. Client's authorized Representative shall render decisions in a
timely manner pertaining to Consultant's Services to avoid unreasonable delay in the orderly and
sequential progress of Consultant's Services.
11.2 Inspection: The Client, through any authorized representatives, shall have the right at all
reasonable times to inspect, or otherwise evaluate the quality or any other aspect of the Services
performed or the safety measures employed in the work being performed hereunder and the
premises in which it is being performed. If any inspection or evaluation is made by the Client on
the premises of the Consultant or a Subconsultant, the Consultant shall provide, and shall require
its Subconsultants to provide, all reasonable facilities and assistance for the safety and
convenience of the Client representatives in the performance of their duties. All inspections and
evaluations shall be performed in such a manner as will not unnecessarily delay the Services.
11.3 Audit: Upon request of the Client,the accounting records,as well as other records maintained by
the Consultant directly related to the performance of the Services specified herein, shall be
subject, at all reasonable times, to audit by an independent public accounting firm selected by the
Client and at the Client's expense. In addition, the Client may have such an audit performed at
any time within two years following the completion or termination of Services specified herein.
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ARTICLE 12-CHANGES
12.1 Change Order Content: Changes in the terrns of this Agreement or the Services may be
accomplished without invalidating this Agreement by Change Order, subject only to the
limitations of this Article and the requirement that the change be within the general scope of work
of this Agreement. A Change Order is an amendment to this Agreement modifying the Services
and specifying any or all or the following: (i) a change in terms and conditions or the Scope of
Services; (ii) an adjustment in the Contract Time; and (iii) the amount of the adjustment in the
Contract Price.
12.2 Changed Conditions: The Consultant has relied on the Client's judgment in establishing the
scope of work. In the event of changed conditions, Client agrees to negotiate appropriate Change
Orders to equitably adjust the price and/or schedule accordingly. Reduction of the Scope of
Services by Change Order shall not be the basis of a claim by the Consultant based on loss of
anticipated profits from Services not accomplished.
12.3 Issuance of Change Orders: Consultant will treat as a Change Order any written order
(including directions, instructions, interpretations, or determinations) from Client which request
changes in the Services. Consultant will give Client written notice within a reasonable time of
the receipt of any Change Order of any resulting adjustment in the schedule and price. Unless
Client objects in writing within 5 days, the proposed terms of the Change Order with the
adjustment in the schedule and price shall become a part of this Agreement.
12.4 Failure to Agree: If the Client and the Consultant cannot agree upon an equitable adjushnent in
the Contract Time and or Contract Price, and the Consultant will not sign the Change Order, the
disagreement shall be considered a dispute subject to settlement in accordance with the disputes
clause at Article 15.
ARTICLE 13-WARRANTY
13.1 Standard of Care: It is understood that Consultant makes no warranty, either expressed or
implied, as to the findings, designs, accommodations, specifications, or professional advice or
opinion except that Consultant represents that it shall perform its Services in accordance with the
standards of care and diligence normally practiced by professional consulting firms performing
Services of a similar nature in the same locale.
13.2 Extent of Study: Client recognizes that actual environmental conditions may vary from
conditions encountered at locations where Consultant makes visual observations,obtains samples,
or performs other explorations. Consultant does not guarantee the extent or absence of pollution
or hazardous materials at a site and failure to discover differing conditions or potential
environmental contamination through appropriate and/or mutually agreed-upon investigation
and/or sampling techniques shall not impose any liability on the Consultant,unless there has been
a breach of required Standard of Care described in Article 13.1
ARTICLE 14-SUSPENSION AND TERMINATION
14.1 Suspension of Services: Consultant will, upon written notice from Client, suspend, delay, or
interrupt all or a part of the performance of Services to the extent directed. In such event,
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW �AECOM Page 7 of 9
Consultant will resume work upon the suspended activities only upon written notice from Client.
Where appropriate, an extension of the Contract Time and/or Contract Price will be established as
specified in Article 12.
14.2 Termination: Either party may terminate the Services with or without cause upon 10 days
advance written notice. Irrespective of which party shall effect termination, the Client shall
within 30 calendar days of termination pay in accordance with Article 5 hereof the Consultant
for services rendered and costs incurred up to the time of termination, as well as those reasonable
costs associated with the termination itself, including the costs incurred in the settlement of
terminated contracts and subcontractors, suppliers and others, all in accordance with the
Consultant's fee schedule in effect for this Agreement and expense reimbursement policy.
ARTICLE 15-MISCELLANEOUS PROVISIONS
15.1 Subcontract: The Consultant shall not further subcontract any Services to be performed under
this Agreement, except as specified in the Consultant's proposal or prior written authorization
from the Client. Neither this Agreement nor any Subtier Subcontract will create any contractual
relationship between any Subtier Subcontractor and Client, nor any liability of Client to any
Subtier Subcontractor.
15.2 Assignment: Neither Party to this Agreement shall transfer, assign or hypothecate its interest in
this Agreement without the written consent of the other; which consent shall not be unreasonably
withheld. Any attempted transfer, assignment, or hypothecation without such written consent
shall be void and confer no rights upon any third person and shall constitute a default hereunder.
15.3 Third Party Liability: Except as specifically stated in this Agreement,this Agreement does not
create any rights or benefits to parties other than Client and the Consultant.
15.4 Dispute Resolution: Any controversy or claim arising out of or relating to this Agreement, or
breach thereof, shall be settled by arbitration in Minnesota in accordance with the then-current
Construction Arbitration Rules of the American Arbitration Association. Judgement upon the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each
party to any arbitration hereunder shall bear its own costs of the proceeding including attorney
fees. The Client and the Consultant agree that in the event of a dispute, they will not seek
recourse against individual officers,employees,directors,or shareholders of the other party.
15.5 Applicable Law: In the performance of the Services provided by this Agreement,the Consultant
and the Client shall comply with all applicable Federal, State and local laws, rules, and
regulations. This Agreement shall be construed, interpreted and applied in accordance with the
laws of the State of Minnesota.
15.6 Entire Agreement, Modifications, Headings, Severability: 'The parties acknowledge that this
Agreement constitutes the entire Agreement between them and supersedes all prior
representations, warranties, agreements, and understandings oral or written between the parties
with respect to its subject matter. Unless stated otherwise in this Agreement,this Agreement may
not be modified except in writing signed by both parties. 'The headings to this Agreement are for
convenience and reference purposes only and shall not constitute a part of the Agreement. If any
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW �AECOM Page 8 of 9
element of this Agreement is later held to violate the law or a regulation, it shall be deemed void,
and all remaining provisions shall continue in force.
Client and Consultant confirm reading this document in full and confirm that they understand the
terms of this Agreement. Client and Consultant freely enter into this Agreement. T'he Agreement
becomes effective on the latest date of execution indicated below.
Consultant: EDAW,Inc an AECOM Company Client: City of Scandia,Minnesota
By: By:
Name: Name:
Title: Title:
Date: Date:
CONSAGR-98K.doc(08 Sept 08)rev 022510 EDAW �AECOM
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Appendix A
Work Plan
This work plan presents the tasks that will be completed to analyze the potential for environmental
impacts, and identify measures to mitigate for potential impacts for the alternatives related to the Zavoral
Property Mining and Reclamation Project as part of the EIS process to be completed under Minn. R.
4410. This work plan addresses the requirements presented in the January 6, 2010 revised Scoping
Decision Document (RSDD) for the proposed project that was developed to address changes in the
proposer's plan after the EIS process was initiated as described below.
As the EIS analysis progressed, Tiller Corporation conducted additional analyses related to the materials
at the proposed site and the range of activities involved in the project. The additional analyses of the
deposit at the Zavoral site indicated that this material would be suitable for use as add-rock. The add-
rock will likely be used predominately at another mine site in Scandia, called the Scandia Mine. Add-
rock is rock of certain size ranges or quality that is not available at a facility, but is needed to the meet
specifications for the production of various aggregate products that are produced at the facility.
As a result of their additional analyses, Tiller has determined that the material mined at the Zavoral site
can be utilized without being processed at the Zavoral site. Instead, that material will be transported as
pit run material (gravel as it occurs in natural deposits) or as add-rock primarily at the Scandia Mine to
provide material that will meet the specified gradations of marketable aggregate. The add-rock would be
combined with materials from the Scandia site to meet specifications. The supplemental materials may
be processed at the Scandia site, or may be utilized without further processing. Some of the material
mined at the Zavoral site may also be transported directly to project sites or other locations for
processing. Tiller indicated that the material from the Zavoral site will replace material transported to the
Scandia Mine site from various locations, the most recent being Chisago County, Minnesota and Polk
County,Wisconsin.
Tiller's analyses of the Zavoral site also noted that reinitiating the use of the well at the Zavoral site at the
levels the well is capable of producing would require significant investment to address Minnesota
Department of Natural Resources (MnDNR)water appropriation permit requirements for the Zavoral site.
Tiller has an existing permit for water appropriations for mining and processing activities at the Scandia
Mine site.
Based on the further evaluation of the mining plan for the Project,Tiller has proposed to revise the project
to eliminate all aggregate processing activities (including washing)at the Zavoral site. Any processing of
material used at the Scandia Mine site would be conducted at the Scandia Mine site. The Scandia Mine
is located on Manning Avenue near 225th Street. EAW's were completed for mining and processing
operations on that site in 1987 and updated to reflect current operations in 1999.
The proposed changes in mining operations required changes in the Scoping Document for the EIS for
the Zavoral Mining and Reclamation Project, including revisions to the EIS altematives, analyses, and
schedule. The EIS will analyze the potential impacts of the proposed mining and reclamation project at
the Zavoral site, and the potential for impacts at the Scandia Mine site resulting from the transport of
mined material from the Zavoral site to the Scandia Mine site. The analysis of potential impacts at the
Scandia Mine site will compare the potential impacts of the proposed activities at the site to the potential
impacts analyzed in the EAW's completed for the Scandia Mine in 1987 and 1999 and to permits that are
currently in place for the Scandia Mine site.
Task 1 -Project Management
Objectives
To effectively manage the project to:
•:• Maintain project schedule and contractual budget; provide timely and accurate reports and billing.
. Establish and maintain effective internal project team communication
. Develop a technically sound EIS that meets regulatory requirements, in a timely manner.
. Communicate to provide information to and obtain input from interested parties.
Page 1
Appendix A
City of Scandia lnteraction
. Participate in project meetings and facilitate coordination with Tiller Corporation(Tiller)and others.
. Provide review of administrative and technical documents in a timely manner.
Procedures
Task 1.1 -Detailed Work P/an
This work plan, cost proposal, and schedule will serve as the Detailed Work Plan.
Task 1.2-Project Controls and Progress Reports
As part of project controls and tracking, the AECOM Team project manager will update the preliminary
project schedule as data gathering is initiated and dates for meetings and interim submittal dates are
refined. The baseline schedule and budget will be compared to the actual schedule and budget on an
ongoing basis as part of project reporting. A log of e-mails, correspondence, and meeting notes will be
kept in an electronic file. Paper copies of these items will be filed for later retrieval if necessary.
The AECOM Team project manager will prepare monthly progress reports in a form approved by the City.
Progress reports will review progress on all tasks identified in the Plan, including cost to date, any
significant interim findings,and any problems or conflicts that may affect the completion of any task within
the allocated time and budget.
Deliverables
s Detailed Work Plan
❖ Progress Reports
Task 2-Internal and External Communications
Objectives
To communicate effectively, educate and obtain input from intemal and external stakeholders about
issues related to the proposed project and alternatives, and to provide adequate notice and a variery of
avenues for stakeholders to be involved in the process.
City of Scandia lnteraction
. Participate in project meetings, conference calls, and facilitate coordination with Tiller and others.
:• We have assumed that the City will pay for meeting location rental, if required, court recorders,
audio-visual equipment and support, and any pub�ication fees to newspapers or other publications.
Procedures
Task 2.1-Internal Communication
We propose to hold up to 12 internal meetings over and above those held prior to the time this revised
scope of work is implemented. In addition,we propose to hold conference calls to result in weekly internal
communication during the more intensely active portions of the project and biweekly communication
during the less active periods. During these meetings/calls we will discuss project status regarding
scope, schedule and budget, identify outstanding data needs, provide information as required and
discuss future work, potential issues that could affect project progress or quality, and other information.
We will also communicate with the City, their consultants, and other internal entities via telephone, mailed
correspondence, and e-mail.
Task 2.2-Other Communication
The AECOM Team will provide technical support to the City in meetings and other interaction with
agencies and o�cials, organizations, the public, and other stakeholders. As part of this process we
propose to hold a site review with agencies and officials to review key site issues. We have found that
site reviews help agency staff become familiar with a project and related impacts, which helps to resolve
or reach consensus on key issues early and result in more effective communication. In addition to the
site review we propose to participate in up to three additional agency/stakeholder meetings as part of our
base scope of work. We also will coordinate via telephone, mailed correspondence, and e-mail.
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Appendix A
We understand that the City will want to continue to utilize its website to provide project updates and
provide access to project documents. Work products developed as part of this project will be prepared in
a format that is suitable for posting on the website. We will collaborate with the City staff to provide
support in the preparation of notices, press releases, and other information for meetings as described in
this work plan.
AECOM and our team member Richardson, Richter, and Associates (RRA)will work closely with the City
to develop public outreach materials.
Task 2.3-Project Advisory Committee Involvement
We will assist the city in the facilitation of ongoing Project Advisory Council (PAC) involvement that will
meet up to four times, over and above the one PAC meeting already held. We have assumed that the
City will arrange for and provide meeting locations.
Currently,we propose that the meetings address the following:
•:• One meeting to review the revised Tiller proposal and EIS scope.
s• Up to two meetings to provide background and review technical work conducted for the EIS and
obtain input,this includes the input on the development of potential mitigation measures
. Preliminary review of the draft EIS
Task 2.4-Webpage Support
We will work with the City to develop web page content providing information about the project. This
would include project site information, timelines, status reports, graphics, maps, interim technical
information, and upcoming opportunities for public involvement.
Deliverables
•: Meeting agendas
: Meeting summaries
:• Correspondence and communication files
•: Documents in PDF format for uploading to webpage
� Planning, technical support, and graphic preparation for meetings with the public, agencies, and
other stakeholders
❖ Press releases and notices
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Appendix A
EIS PREPARATION TASKS
The AECOM Team will complete the Zavoral Mine and Reclamation EIS to comply with the MEPA, Minn.
Stat. 116D.01 et seq., the n.�les promulgated under MEPA, Minn. Rules Chapter 4410, and guidance
documents issued by the EQB, including the following tasks and deliverables:
Task 3-Cover Sheet
A cover sheet will be prepared to meet the requirements of Minnesota Rules 4410.2300.
Task 4-Project Summary,Table of Contents, List of Preparers,and Project Description
The AECOM Team will prepare a functional working description of the proposed project and altematives
identifying the purpose, size, scope, environmental setting, limits, and anticipated phases of development
in su�cient detail to meet EQB requirements. Early, effective development of a project description and
alternatives are critical to maintaining project schedule and focus.
City of Scandia lnteraction
This project description will use information from the 2008 Zavoral Mine and Reclamation EAW, 1987 and
1989 Scandia Mine Site EAWs, and the January 2010 Revised Scoping Document for the Zavoral Mine
and Reclamation EIS(Revised SDD), the City,their consultant, and Tiller.
Procedures
The project description will address the following:
s• A summary of the project description.
s• A summary of the EIS content requirement in Minn. R. 4410.2300, with page and section references
to the sections of the EIS containing each required analysis.
•: A general description of the area surrounding the site.
. A project description addressing siting,engineering,construction,operation, and reclamation.
Deliverables
•:• Cover sheet; project summary; table of contents; project description including text, tables, and
graphics.
Task 5-Permits and Approvals
Objectives
To identify known governmental permits and/or approvals required for the proposed Zavoral Mine and
Reclamation Project, the unit of govemment responsible, status of any applications, and areas of dispute.
City of Scandia lnteraction
Participation in meetings with agencies and discussions regarding permitting.
Procedures
The AECOM Team will incorporate permit information from the EAW and supporting documents, conduct
coordination with agencies and local officials regarding permitting and/or approval needs, requirements,
issues, areas of dispute, and other information. Agency and official coordination may include meetings,
correspondence, telephone, or e-mail contacts. We will prepare a table presenting permitting and/or
approval information in a concise manner supplemented with text.
Deliverables
. Copies of ineeting notes, correspondence, and telephone memoranda, or e-mails.
. Table summarizing permitting and/or approval information, supplemented with text.
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Appendix A
Task 6-Description of the Proposed Alternatives
Objectives
The Revised SDD identifies the four alternatives to be evaluated in the EIS. Each of the alternatives
described below will include a detailed description of the site operations, including the type and quality of
material to be extracted, transport of material, project timeframe, potential impacts, and mitigation
strategies. Tiller has indicated that the Zavoral site would supply the coarse aggregate (gravel) that is
present in high percentages at the site to supplement sand deposits at the Scandia Mine Site. The
Zavoral deposit was mapped as significant by the MGS in 2000.
City of Scandia lnteraction
Participation in working sessions and communication with Tiller to define the alternatives in su�cient
detail to conduct impact analysis and the development of mitigation measures.
Procedures
Based on information provided by the City and interaction with Tiller, the AECOM Team will prepare a
concise description of the three altematives for mining and reclamation.
Alternative#1 ApplicanYs Preferred ARernative
The project proposer, Tiller Corporation, is proposing to re-open and expand the dormant aggregate mine
on the Zavoral property. The proposed project does not include mining into the ground water. The site
was mined by multiple operators before it was taken out of production in the 1980's. Aggregate material
mined at the Zavoral site would primarily be transported by truck to the Scandia Mine site for use as add-
rock. Add-rock is currently hauled to the Scandia Mine site from Chisago County, Minnesota and Polk
Counry, Wisconsin. Tiller indicates that material transported from the Zavoral site would replace the
aggregate material currently transported to the Scandia Mine site from those locations. Some of the
material mined at the Zavoral site may be transported directly to construction sites or to other locations for
use as pit-run material or add-rock.
The Zavoral site and the Scandia Mine site are both within the Agriculture Zoning District under the City's
2020 Comprehensive Plan,which was the adopted plan at the time of the Tiller application for the Zavoral
Mining and Reclamation Project. Mining is an allowed use within the Agriculture zone. A portion of the
Zavoral site is located within the St. Croix National Scenic Riverway. Reclamation activities only are
proposed within this area. Mining is not allowed within the Riverway Zone.
Zavoral Site Activities
The proposed project area includes 114 acres. Mining activity has previously disturbed approximately 56
acres. The site was actively mined in the 1960's through the 1980's. Mining operations included
stripping, extraction, crushing, washing, hot mix asphalt production, stockpiling, and hauling from the site.
The operation was taken out of production without reclamation in the 1980's. All processing equipment
has been �emoved from the site, but the site has not been reclaimed. Stockpiles located on the site have
recently been used as a source of aggregate. Much of the material in the stockpiles has been removed
over the last eight to ten years, but irregular landforms remain because the site has not been reclaimed.
The proposed project would involve mining and restoration of 64 acres located predominately on the
previously disturbed portions of the site. The active mining area would include mining to an additional
depth of about 15 feet, and expanding the limits of mining by about eight acres. In addition, Tiller
Corporation is proposing to restore approximately four acres of the previously-mined area located within
the St. Croix Riverway and scenic easement area. _
Tiller Corporation is proposing the following activities at the Zavoral site:
. Clearing and grubbing the site of vegetation, as necessary.
s• Removal of overburden from areas to be mined, and stockpiling the material on the site for potential
future use in reclamation.
. Excavation of raw aggregate materials.
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Appendix A
•:• Transporting mined aggregate materials (pit-run, add-rock); the majoriry of which will likely be
delivered to the Scandia Mine site near Manning Avenue and 225th Street for use in material
produced at that site.
s• The existing well at the Zavoral site will be utilized for dust suppression.
:• Fuel storage and storage of related materials such as oil, anti-freeze, grease, and hydraulic fluid.
•: Reclamation activities, including grading, placing topsoil and seeding.
Mining operations would be conducted on a seasonal basis, rypically from April through mid-November.
The Zavoral site is proposed to be worked in phases,with the duration of the project expected to be up to
10 years under this alternative.
The proposed mining operations will result in lowering and a reconfiguration of the surface topography,
and the reconfiguration and redirection of the existing surFace drainage system.
In general, the reclamation of the Zavoral site is proposed to progress in increments. Reclamation will
proceed as areas of mining are completed. The reclamation plan proposes that perimeter areas be
sloped and the interior areas backfilled and graded to reclamation grades. Topsoil would be applied to
these areas and vegetation established to reduce erosion. The project analyzed in the EAW proposed
that the previously-mined area within the St. Croix Riverway be restored during the final phase of mining
operations at the site. Tiller Corporation's letter to the City (April 7, 2009) proposed revising the
reclamation and phasing plan to include reclamation of the area within the St. Croix Riverway and scenic
easement areas during the first years of operation. The EIS will therefore evaluate the project that
includes reclamation of the St. Croix Riverway and scenic easement areas during the first five years of
mining operations on the Zavoral site.
Scandia Mine Site Activities
Raw aggregate material mined at the Zavoral site would be transported to the Scandia Mine site for
processing. Processing of aggregate materials is currently occurring at the Scandia Mine site for
materials mined at that site and materials that are transported to the site from various locations, most
recently Chisago County, Minnesota and Polk County, Wisconsin. Tiller has indicated that the materials
transported from the Zavoral site would replace the materials from Chisago County and Polk County. The
following activities would occur at the Scandia Mine site:
•: The aggregate material brought in from the Zavoral site (add-rock)would be blended with aggregate
material mined at the Scandia Mine site or used in the production of hot mix asphalt.
:• A portion of the aggregate material transported to the Scandia Mine site may be processed as
needed through a series of crushers, screens, conveyors, wash decks, and classifiers to produce
commercial grade constn�ction aggregates.
:• The finished construction aggregate products would be stockpiled at the Scandia Mine site until they
are hauled off-site by trucks to various construction sites.
� Water for processing activities at the Scandia Mine site would be drawn from the existing permitted
production well on the site. Water collected in the sediment ponds from washing activities may also be
recycled and re-used.
The Scandia Mine site operates under a Conditional Use Permit(CUP) and an Annual Operating Permit
(AOP) approved by the City of Scandia. The processing activities listed above are included in the
activities authorized by these permits.
The EAW's completed for the Scandia Mine site in 1987 and 1999 included analysis of potential impacts
from mining and processing activities at that site, and the proposed reclamation plan for the site. The EIS
for the Zavoral Mine site will include analysis of the potential additional impacts of any changes in the
activities that will occur at the Scandia Mine site resulting from importing material from the Zavoral Mining
and Reclamation Project. No other changes in the current mining operations or the reclamation plan are
proposed at the Scandia Mine site as part of the Zavoral Mining and Reclamation Project.
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Appendix A
Alternative#2--No-Build Alternative
The No-Build Alternative will be described in the EIS. The No-Build Altemative will address the potential
impacts, outcomes, constraints, benefits and disadvantages, and economics if the existing land uses on
the Zavoral and Scandia sites were to continue. The description will be based on the existing and
allowed use of the site for Agricultural and Rural Residential purposes, and will make projections or
forecasts based on this use, to identify the No-Build Alternative effects and impacts. The No-Build
Alternative does not include the Reclamation Activities on previously mined areas that are included in
Alternative#1.
Alternative#3—Mining and Reclamation Activities—Evaluate Reduced Time Frame for Mining Activities
This Alternative will focus on the impacts of the proposed activities if the overall time frame for mining at
the Zavoral site is up to five years rather than up to ten years, as proposed in the Preferred Altemative.
Project Site with Reasonable Mitigation Measures
MEQB rules require consideration of mitigation measures identified through comments on the EAW. The
EIS will consider all relevant mitigation measures suggested through pubtic and agency comments and
will recommend incorporation of reasonable mitigation measures into project design and permitting as
warranted.
Deliverables
Alternative and related reclamation descriptions, tables, and graphics developed in sufficient detail to
conduct impact analysis and the development of mitigation measures.
Task 7-Environmental, Economic,and Sociological Impacts
Objectives
To develop a technically sound, unbiased, thorough, EIS that meets regulatory requirements, in a timely
manner.
City of Scandia lnteraction
:• The AECOM Team will work with the City and utilize available project information to prepare the EIS.
We have assumed that the City will facilitate data transfer from the proposer, provide a location for
meetings, and provide review of deliverables.
:• The AECOM Team will continue to update the data needs list to the Ciry for the project.
❖ We have assumed that the City or Tiller Corporation will arrange for required access to the site and
all potential impact areas, including access to nearby residential wells/springs if a pump test of the
site well is conducted.
•: Additional meetings, interaction, and the review of EIS section and other work products will be
required as described in the following sections to obtain information and conduct analyses to
produce a technically sound EIS, in a timely manner.
Procedures
The AECOM Team will collect(with City and Tiller Corporation assistance) and assess the data, conduct
coordination, and complete analyses required to address the issues as specified in the Revised SDD and
as described below.
Deliverables
EIS text,tables, graphics, and supporting documentation to describe and quantify identified impacts.
Task 7.1 -Land Use
This section will primarily pertain to the City of Scandia and St. Croix Wild and Scenic Riverway District.
The EIS will address:
. Planning authority for the Zavoral site.
. Assess the impacts of each of the Zavoral site alternatives on the current and future land use in the
areas that will be impacted by the project—primarily the City of Scandia and St. Croix Wild and
Scenic Riverway District for the Zavoral site.
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Appendix A
�.• A description of planned end use of the Zavoral site and an assessment of its compatibility with
surrounding land uses and recreational goals.
Task 7.2-Environmental Hazards
The AECOM Team will obtain information on the previous location of storage tanks and other potentially
contaminated sites at or in the vicinity of the site from review of the Minnesota Pollution Control Agency
(MPCA)"What's in My Backyard"website for the Zavoral site. We will review files related to any identified
sites and coordinate with the MPCA regarding mining methods and mitigation in the vicinity of the site(s).
We will identify potential environmental hazards due to past site uses, such as soil contamination or
abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines from existing
databases.
Task 7.3-Rec/amation Plan
The AECOM Team will:
s• Describe the reclamation plans for the Zavoral site under each alternative. The reclamation plan will
include the detailed plans for grading, plant communities to be established on the site, phasing and
timing of reclamation activities, planting schedules, habitat reconstruction and invasive species
management, and monitoring and maintenance to ensure the success of reclamation efforts.
. Evaluate the compatibility of the Zavoral site alternatives with existing and future land uses, and the
potential impacts of the reclamation plans on habitat areas and future land use in the area.
•:• Coordinate and consult with the Minnesota DNR, National Park Service, Ciry of Scandia,and others
to develop the Zavoral site reclamation plans. Consideration should be given to reclamation
requirements for areas within the St. Croix River District,which may be different from those for site
areas outside the District.
Task 7.4-Economic/mpacts
The AECOM Team will:
: Determine the area(s)and types of potential economic and social impacts of the proposed project.
4• Quantify the social, economic, and environmental impacts of each Zavoral site alternative an the
local community using existing information, including impacts to the following:
o Local economy
o Tourism (including impact to the St. Croix Riverway and City of Scandia)
o Property values
o Public services, such as police,fire, or other costs to city services
:• Identify strategies that will be implemented to avoid, minimize, or mitigate for the potential impacts.
s• Conduct and document coordination completed with the City, DNR, NPS, Washington County, and
others to complete the analysis and identify mitigation strategies.
:• Team member BRKW Appraisals will review available property value information and provide the
evaluation of the potential impact of the project on property values within one-mile of the Zavoral site.
The evaluation will include an analysis of the extent to which the project could deter desirable
development, and the degradation of tax revenue potential to local units of government as a result of
the project. The analysis would include documented experience with similar situations elsewhere as
well as the documented professional judgment of BRKW Appraisals. The first step in the process will
be to identify the types of properties within the one-mile radius. The next step will be to research
sales of similar properties that are located away from and not influenced by a gravel mining
operation in relation to sales of properties that are in close proximity to such an operation in order to
measure the value impact resulting from the project. Given the current economic situation, where
property values are already declining, it will be important to establish whether the impact on property
values is due to mining operations or to other forces.
Task 7.5-Cover Types
AECOM Team member NRC will review the report and mapping prepared by Tiller's consultant (Critical
Connections Ecological Services) at the Zavoral site. NRC will also address site wetlands at a NEPA
scale and determine the acreages of landcover types under current conditions. The area of the Zavoral
site that would be disturbed by each alternative during operation and post-reclamation will be identified
and evaluated. A site reconnaissance will be conducted to verify the landcover types at the Zavoral site.
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Appendix A
The reconnaissance will be conducted concurrent with the reconnaissance described in Tasks 7.6 and
7.7 below.
Task 7.6 - Fish, Wildlife and Eco/ogically Sensitive Resources and Threatened and Endangered
Species
Tiller's consultant (Critical Connections Ecological Services) has performed a biological evaluation of the
site and a report detailing results of the field surveys is available. AECOM Team member NRC will:
:� Review work conducted by Tiller's consultant. We have assumed that the survey of plants, animals,
and land and water habitats provided will be sufficient for EIS preparation and agency coordination.
We have included only a site reconnaissance for ground verification purposes as part of our review
of the survey provided by Tiller's representative in our scope of work. We have also assumed that all
report information, including maps and figures, will be provided in electronic format suitable for
incorporation in the EIS with minimal modification.
s• Determine the area of potential impacts of the Zavoral site alternatives on natural habitats and state-
listed protected species.
•: Complete a biological assessment based on the fieldwork conducted by Tiller's consultant. We have
assumed that the biological assessment will include only state-listed threatened and endangered
species for the Zavoral site and that a biological assessment for impacts to federally-listed species
under Section 7 of the Endangered Species Act will not be required.
•: Analyze the potential impacts of each of the alternatives on the sensitive resources (species and
habitats)at the Zavoral site, and the reversibility of the potential impacts.
. Identify strategies that would be implemented to avoid, minimize, or mitigate potential impacts at the
Zavoral site.
:• Identify coordination completed with the DNR, U.S. Fish & Wildlife Service, and any other agencies
to complete the biological assessment. This would likely include a Zavoral site review with agency
staff.
Task 7.7-Physical/mpacts on Water Resources
The AECOM Team will address the following for each of the Zavoral site alternatives in the EIS:
. Identify and map the presence of all surFace water resources in the Zavoral site project area and
area of potential impact of each of the alternatives (rivers, streams, wetlands, lakes). The Draft EIS
will include exhibits showing the location of these resources.
•3 Ana�yze the current quality and regulatory status of these resources, potential physical impacts of
each of the alternatives on the resources, and the reversibility of the potential impacts.
:• Identify mitigation strategies that will be implemented to address the potential impacts.
. Identify coordination completed with the Washington Conservation District(WCD), Carnelian-Marine
St. Croix Watershed District (CMSCWD) or other agencies to complete the mapping, assessment
and mitigation strategies.
Task 7.8- Water Use
Tiller revised the proposed project activities in early December, 2009 to limit the use of water from the
existing well to what is required for dust control at the Zavoral site. This would reduce the amount of
groundwater use to a level below the threshold that requires a water appropriations permit from the
Minnesota DNR. Tiller will use water from an existing permitted well at the Scandia Mine site if washing
the material that will be transported from the Zavoral site to the Scandia Mine site is necessary. Past
production of products that required washing at the Scandia Mine site has been very limited.
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Appendix A
The AECOM team will evaluate the potential impact of proposed water use for each of the altematives, as
follows:
Zavoral Site
. Identify the quantity and sources(s)of water to be used for dust control activities based on input from
Tiller and as developed as part of the alternative process.
o This has been estimated for purposes of this proposal to be less than 1,000 gallons per
day (gpd) for dust control at the site based on discussions with Tiller. For dust control
purposes, water would be pumped from the Zavoral Site Well at 1,200 gpm rate for a few
minutes a couple of times a day, or at a lesser rate for up to eight minutes.
•:• Quantify the potential water use under each of the alternatives, and diurnal or seasonal variation in
water use.
:• AECOM simulated lowering of water levels around the Zavoral Site Well during a 10-minute pumping
at 1,200 gpm period(longer that the maximum anticipated length of pumping)using:
o A numerical program PT1 presented by Walton(1989)
o Zavoral Site Well construction diagram available from County Well Index(CWI), and
o Estimates of hydraulic properties of aquifers penetrated by the Zavoral Site Well, based
on available regional data (Runker et al., 2003)
The results of the simulation indicated that after 10 minutes of pumping from the Zavoral Site Well
at a rate of 1,200 gpm,water levels may drop by 0.2 ft at a distance of 670 feet from the Well. No
drawdown would be observed at a distance of 1,682 feet.
However, the resutts of this simulation are based on several assumptions. Therefore, AECOM
proposes to carry out a simple, 10-minute long pump test. Water levels would be monitored in
the two closest wells available for access and one surface water site (Zavoral Creek at the
culvert).Water level measurements during pump test will provide a direct evidence of the effect of
pumping from the Zavoral Site Well upon surrounding environment.
Water level measurements during pump test will provide a direct evidence of the effect of
pumping from the Zavoral Site Well upon surrounding environment. Thus, a 10-minute pump test
is proposed to address:
o The potential for Zavoral site water use to impact groundwater resources, groundwater-
dependent resources and local wells in the project area.
o The potential impacts of project-related water use on groundwater-dependent resources
such as bluff springs, Zavoral Creek(trout stream), as seepage swamps and any unique
water-dependent ecosystems, under each of the alternatives.
The two wells proposed for inclusion in the 10-minute pumping test monitoring network:
o Zavoral cabin well located about 1,300 ft east of the Zavoral Site Well.
o TRAIL'S END BAR & GRILL 1 (Minnesota Unique Number 00263147), located about
1,700 ft west of the Zavoral Site Well.
Water levels will not be monitored in the Zavoral Site Well itself because the well does not have
access for water level monitoring equipment when the pump is in place. The drawdown in the
Zavoral Site Well is not required to address potential impacts to area wells and groundwater-
dependent surface water resources.
Our cost proposal assumes that Tiller will be responsible for providing a generator and pumping the water
from the well.
Scandia Mine Site
Identify and evaluate the potential for any changes in water use at the Scandia Mine site due to the import
of material from the Zavoral site and determine if water use at the Scandia Mine site will remain
consistent with levels evaluated in the 1987 and 1999 EAW's for the site and current water appropriation
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Appendix A
permit. If potentia► changes are identified, EDAW/AECOM will work with the City of Scandia to amend
this Scope of Work to address any related impacts.
Task 7.9—Water-Re/ated land Use Management Districts
The AECOM Team will conduct the following for the Zavoral site altematives:
•: Identify potential adverse effects of Zavoral site activities on the natural, cultural, and recreational
values of the Riverway. Potential adverse effects may include impact to the use, purpose, and
values of the Riverway District, alteration of the setting, or deterioration of water quality.
. Consult with the NPS regarding impact analysis and identification of strategies at the Zavoral site to
avoid, minimize, and mitigate impacts. This will include an agency site review as described in Task
2.2.
•: Identify measures that will be used at the Zavoral site to avoid, minimize, or mitigate impacts.
Task 7.10-Erosion and Sedimentafion
The AECOM Team will conduct the following for the Zavoral site altematives:
. Identify the area of potential impacts of erosion and sedimentation from the Zavoral site under each
of the altematives.
:• Analyze the potential impacts of erosion and sedimentation on each of the resources within the
Zavoral site project area and area of potential impact related to the Zavoral site under each of the
alternatives, particularfy including potential impacts to high quality and unique resources, such as to
the St. Croix River, Zavoral Creek, and other streams on the site, seeps, wetlands and aquatic
habitats.
. Identify specific measures that will be implemented at the Zavoral site to avoid, minimize or mitigate
for the identified impacts.
Task 7.11-Surface Water Quality and Quantity
Zavoral Site
The AECOM Team will:
❖ Identify and map the groundwater resources and groundwater-dependent resources (springs,
wetlands and creeks)within the Zavoral site project area and area(s)of potential impacts.
. Identify surface waters that would receive runoff from the Zavoral site and the quality of those waters
based on existing information.
: Based on information to be supplied by Tiller, describe proposed surFace water controls and
practices to be implemented at the Zavoral site.
. Assess the potential impacts of runoff to surFace and groundwater quantity and quality during
construction, operation, and post-project.
•: Quantify the expected runoff from the site and impacts on the quality of receiving waters under each
of the Zavoral site alternatives, including impacts of pollutants such as phosphorus, Total Suspended
Solids (TSS), heavy metals, polycyclic aromatic hydrocarbons (PAH's), volatile organic compounds
(VOC's)and temperature
•:• Identify potential impacts to waters of Special Concem, including the St. Croix River and Zavoral
Creek.
Scandia Mine Site
Review historic operational data for the Scandia Mine site to determine if there is the potential for
additional impacts to occur at the Scandia Mine site as a result of importing material from the Zavoral site,
including areas of disturbance and impacts to downstream water resources. If the potential for additional
impacts is identified, EDAW/AECOM will work with the City of Scandia to amend this Scope of Work to
address related impacts.
Task 7.12-Geologic Hazards and Soil Conditions
AECOM will review the mining proposal by Tiller Corporation to identify potential geologic hazards or soil
conditions. It should be noted that washing will not occur at the Zavoral site under the Revised SDD and,
as a result, no settlement ponds will be constructed at the Zavoral site.
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Task 7.13-Solid Waste, Hazardous Wasfe, Storage Tanks
Based on the information and analysis completed for Task 7.12 Geologic Hazards and Soil Conditions,
the AECOM Team will:
•:• Identify potential impacts from toxic waste, hazardous waste, or storage tanks at the site on surface
water resources, groundwater resources, groundwater-dependent resources, or local wells under the
Zavoral site alternatives.
:• Identify strategies that would be implemented to monitor groundwater resources and avoid,
minimize, or mitigate for potential impacts on surface water resources, groundwater resources,
groundwater dependent resources the Zavoral site.
Task 7.14- Tra�c
The traffic evaluation task includes analysis of existing and altemative traffic operations impacts to the
key roadway network serving the Zavoral site and the Scandia Mine site. The study area is bounded by
Manning Trail, 228"' Street, Trunk Highway(TH) 95, and TH 97. The roadway links to be evaluated in the
study area include:TH 97,TH 95, Manning Avenue, Lofton Avenue, and Olinda Trail.
The following tasks will be completed based on available data from State, County, and City sources:
Data Collection
�.• A site review will be completed of the study area.
s Traffic counts(link volumes)will be obtained from the following sources:
o AADT data from Mn/DOT and/or Washington County
o Peak hour volumes(if available)
o Existing truck counts from Mn/DOT,Washington County, and Tiller
o Planned truck counts from Tiller for Zavoral site Alternatives.
o Planned employment or service data for the site(impact of additional vehicles).
•:• Roadway data: lane configurations, speed limits, traffic control devices, bicycle and pedestrian
facilities, and other features.
:• Crash Data for the three most recent years available from Mn/DOT, Washington County, or Scandia
(as available).
Traffic Analvsis
Traffic analysis for key roadway links will be completed for AADT and peak hour data to determine the
operation of the key roadway links(level of service and volume to capacity evaluation.
Alternative 1 —Preferred Alternative
:• Aggregate from the Zavoral site will be transported to the Scandia site. The routing from TH 95 to
TH 97 to Manning and these links will be evaluated.
:• The site will be operating up to 10 years. Tiller will provide the projected daily and peak hour truck
volumes under this mining plan. These volumes will be developed along with changes in background
tra�c.
•: The impacts to the area traffic generated by recreation areas will be evaluated.
•:• The impacts to existing and planned bicycle and pedestrian facilities will be evaluated.
•:• Tiller plans to use material from the Zavoral site to replace material transported to Scandia from
other locations north and east. The number of trucks and general location will be obtained from Tiller
to evaluate these impacts.
Alternative 2—No Build Alternative(existinq land uses)
. The existing traffic conditions will be evaluated under the no build alternative. This will include the
current traffic at the Scandia site.
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Alternative 3—Mininq and Reclamation-Evaluate Reduced Time Frame for Minin4 Activities
•:• Aggregate from the Zavoral site will be transported to the Scandia site. The routing from TH 95 to TH
97 to Manning and these links will be evaluated.
. The mining operation will be accelerated and the site will be operating a maximum of five years.
Tiller will provide the projected daily and peak hour truck volumes under this mining plan. These
volumes will be developed along with changes in background traffic.
•: The impacts to the area recreational traffic will be evaluated.
:• The impacts to existing and planned bicycle and pedestrian facilities will be evaluated.
Traffic analysis will be summarized in figures and/or tables for inclusion into the EIS documentation. A
draft will be prepared for review by the agencies and comments incorporated into the final EIS
� documentation.
Safetv Evaluation
The crash data collected for the key roadways in the study area will be evaluated and summarized for the
three most previous years available.This will include both link and intersection data as available.
The City has requested evaluating additional safety issues on key routes. The study will evaluate sight
lines and stopping sight distances at the Zavoral site (TH 95 and TH 97) and the Scandia site (Manning
Avenue and Lofton Avenue). This evaluation will be prepared based on available GIS data to evaluate
plan and profile in these areas.
The City has also stated that in the event the preferred alternative severs an existing route, the EIS will
evaluate any reasonable alternative.This is not currently anticipated, but will be evaluated if needed.
Mitiaation Measures
The traffic and safety analysis will result in recommendations to be included in the EIS. If needed,
mitigation measures will be recommended for each alternative evaluated.
Task 7.15-Stationarv Source Air Emissions and Dust
Potential environmental impacts from stationary sources and fugitive emissions (dust) are inteRelated.
The analysis of these sources must be considered together to properly assess discrete and cumulative
impacts. Therefore, the AECOM Team proposes to address both Stationary Emission Sources and Dust
as a single topic within the EIS. The AECOM Team understands that the project and subsequent
reclamation will include the following air pollutant emitting activities:
Zavoral Site
. Stripping of vegetation and overburden and stockpiling the material on site
•: Extraction of aggregate using front end loaders
•: Transporting the aggregate to the Scandia Mine Site •
•:• Reclamation activities, including grading, placing topsoil, and seeding.
These activities will generate airborne concentrations of fugitive dust, and to a much lesser degree,
particulate from combustion that can be transported off site and deposited onto nearby land, vegetation,
rivers and lakes.
The AECOM Team will:
Zavoral Site
. Prepare potential to emit (PTE) calculations for both point and fugitive emission sources for
particulate matter (TSP), inhalable particulate matter (PM10), and fine particulate matter (PM2.5).
AECOM will use the PTE to complete a project ambient air quality analysis and deposition analysis.
•: Simulate the atmospheric transport processes (dispersion and deposition) using the USEPA
Guideline model AERMOD to calculate ambient concentrations of total suspended particulate (TSP),
inhalable particulate (PM10) and fine particulate (PM2.5). The process of deposition to the earth's
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surfaces will also be simulated with AERMOD. These include dry deposition due to gravitational
settling and surface impaction due to turbulent air flow near surface elements as well as wet
deposition due to wash-out by precipitation. To ensure defensibility of model predicted results, all
modeling will be conducted according to approved USEPA methodologies presented in the Guideline
on Air Quality Models (40 CFR Part 51 Appendix W), and in accordance with MPCA Modeling
Guidance posted at http://www.pca.state.mn.us/air/modeling.html#guidance.
. Model total PM, PM�o, and PMZ,S emissions from the aggregate operations and reclamation activities.
Modeling will be performed for the preferred Alternative# 1 and for Altemative#4(Task 6).
. Model results for ambient particulate concentration will be processed in order to calculate
appropriate statistics for comparison with the 24-hour and annual average ambient standards. The
model will also calculate 24-hour and annual deposition of particulate for input to an ecological
assessment(see below).
•:• Model results for PM10 along with appropriate citations from refereed literature will be used to
address the siliotic effects from ambient exposures to fugitive dust from the proposed operations. A
recent air quality issue with respect to particulate is the fraction of crystalline silica in the particulate.
The major concem regarding silica exposure has been the issue of silicosis, a disease of the lungs
caused by chronic exposure to relatively high airbome concentrations of crystalline silica.
s• Quantify non-stationary dust that will be generated from the Zavoral site operations, such as truck
traffic.
. Analyze impacts of dust pollution on surrounding areas and resources, including the St. Croix River.
The AECOM Team will utilize USEPA screening techniques to evaluate the potential for ecosystem
impacts in downwind areas, especially in the St. Croix Riverway and scenic easement areas. The
following types of effects will be evaluated:
Deposition to Land
. Direct physical effects on leaf surfaces, e.g., reducing photosynthesis.
Deposition to Water
:• Physical effects including light interruption, smothering of organisms, coverage of sites used for
germination,feeding, spawning, and other activities;
•:• Biotic effects include direct mortality, reduced fecundity, reduced disease resistance, and inhibited
feeding,growth,and reproduction.
Scandia Mine Site
Review historic operational data for the Scandia Mine site to determine if the proposed operation is
consistent with currently permitted operations. Also, identify and evaluate the potential for additional dust
impacts at the Scandia Mine site due to the import of aggregate material from the Zavoral site to the Scandia Mine
site. If it is determined that the project is not consistent with currently permitted operations or if additional
dust impacts would occur, EDAW/AECOM will work with the City of Scandia to amend this Scope of Work
to address any related impacts.
Task 7.16-Odors. Noise and Dust
We understand that Tiller has conducted a noise study. The summary indicated that a noise analysis and
model have been prepared, a noise study has been largely completed (pending summer noise
background monitoring), and noise impacts will be at (within one or two db) or below Minnesota
standards.
The AECOM Team member SBP will:
•:• Review available project information, including Tiller's noise study to confirm that the study was
completed in accordance with current state of the practice methods and procedures, and gain an
understanding of the projected impacts.
•:• Identify additional information needs to complete the EIS assessment.
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. Visit the Zavoral site to verify sensitive receptor locations, existing potential mitigation structures and
gain an understanding of the potential impacts.
•:• Use the information from Tiller's noise study for the Zavoral site to evaluate the impacts a1: the
Zavoral site and how they may vary on a seasonal basis given variations in the activities themse�lves
and variations in ground cover and vegetation.
. Prepare the noise chapter of the EIS based on the information contained in the proposer's noise
study for the Zavoral site. This proposal assumes no additional monitoring or modeling will be
required to prepare the EIS section.
Zavoral Site:
For each of the Zavoral site alternatives,AECOM team member SBP will:
. Describe the noise sensitive areas and habitats(both land-based and river-based receptors, such as
residences, parks, recreation areas such as the St. Croix River, Wisconsin bluff areas, and sens;itive
wildlife habitats) for the Zavoral site, including information on the number and types of activities that
may be affected.
. Quantify the current ambient noise levels near the Zavoral site in the noise-sensitive areas identified
above: on the St. Croix River(where use by recreationists is expected); at the National Park Service
primitive camp sites along the Riverway; on adjacent residential properties; on the recreational trails
paralleling TH 95 and TH 97.
•: Develop a model that will predict future noise levels near the Zavoral site and account for site-
specific conditions such as topography, truck tra�c, and operating hours.
•:• Quantify the extent of the impact(in decibels) in each sensitive area identified above, under eac.h of
the alternatives, including noise from mining activities, and truck traffic at the Zavoral site.
•:• Analyze expected noise under each of the Zavoral site alternatives based on noise standards for
each land use.
Scandia Mine Site:
Identify and evaluate the potential for additional noise impacts to occur due to the import of aggregate
material from the Zavoral Mine site to the Scandia Mine site. If the potential for additional impacts is
identified, EDAW/AECOM will work with the City of Scandia to amend this Scope of Work to address any
related impacts.
Dust—See Task 7.15.
Task 7.17- Visual Impacts
We understand that Tiller will have conducted a viewshed analysis of the project area from the river. The
initial phase of the analysis included a plan view terrain model of the topography of the area to determine
potential areas where views could be impacted during the project. The second phase of the analysis
consisted of collecting views of the site during leaf off conditions. Photographs were taken at known
positions using GPS equipment along TH 95 and TH 97, Quarry Avenue North and along the St. Croix
River by boat during leaf-off conditions. These photographs are hyperlinked to a base map and by
clicking along points, the associated photograph for that location appears. A proposed third phase of the
viewshed analysis will gather photographs from the same locations during leaf-on conditions.
We also understand that Tiller has prepared a plan view terrain model that shows the locations where the
facility may be visible from off-site. The plan view terrain model indicated that the entrance to the facility,
under the planned access improvements, would allow a view into the facility at the site entrance from
eastbound TH 97. Revisions are underway on the design of the entrance of the facility to minimize and
screen the potential views into the facility from eastbound tra�c on TH 97. Revised design will be ready
for analysis in the EIS. It should be noted that under the Revised Scope, there will not be stockpiling of
material or processing equipment at the Zavoral site.
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Appendix A
Zavoral Site
The AECOM Team will:
•:• Verify key view areas identified for the Zavoral site by Tiller are adequate for EIS analysis and show
key view areas on a map. Key view areas are likely to include neighboring residences, the St. Croix
River, nearby bluff areas in Wisconsin, and TH 95 and TH 97.
. Develop a model in GIS or other software such as 3D Studio Max that models site-specific conditions
for the Zavoral site, such as topography, vegetation, seasonal conditions, proposed lighting, and any
other features at the Zavoral site
•:• Accurately represent the views of the Zavoral site from key view areas through drawings,
photographs, or other imaging methods that clearly show the views of the site so that they may be
easily understood by reviewing agencies and the public. Photographic simulations and 3D
visualizations will be developed from identified key view areas that simulate proposed project
conditions. We will utilize a GIS-based approach to producing these simulations, incorporating GPS
locations and GIS data to ensure the accuracy of spatial relationships in the virtual environment. We
assume that the photographs taken by Tiller and key view locations are adequate for this EIS.
s• Complete a written analysis describing the visual impacts of the Zavoral site
' . Identify the strategies to avoid, minimize, or mitigate visual impacts at the Zavoral site to key viewing
areas.
Scandia Mine Site
Identify and evaluate the potential for additional visual impacts at the Scandia Mine site due to the import
of material from the Zavoral site to the Scandia Mine site. If the potential for additional impacts is
identified, EDAW/AECOM will work with the City of Scandia to amend this Scope of Work to address any
related impacts.
Task 7:18-Compatibility with Plans and Land Use Regu/ations
The EIS will analyze the relationship of the mining at the Zavoral site to the water resource plans of the
Camelian-Marine Watershed District and the St. Croix RivenNay Management Plan(2002).
Task 7.19-Cumulative/mpacts
Cumulative impacts are defined as the impact on the environment that results from the incremental
impact of the action when added to other past, present and reasonably foreseeable future actions.
Cumulative impacts can result from individually minor, but collectively significant actions taking place over
a period of time. Our understanding is that there is very little development planned for the area. We will
hold a meeting with the City of Scandia, including staff to develop the framework for addressing
cumulative impacts and refine scope as necessary to address the potential implications of Citizens
Advocating Responsible Development (CARD) v. Kandiyohi County, 713 N.W.2d 817 (Minn. 2006). Our
current scope includes addressing the cumulative impacts of:
•: Gravel mining operations or other development in the vicinity that would affect water use, traffic
levels,noise,vegetation removal, or air quality.
•:• Future development that could affect area traffic levels.
. Other actions occurring within the St. Croix River District or vicinity or in the project vicinity,
particularly those that would affect natural resources, groundwater, or surface water resources.
Task 8-Mitigation Measures
Objectives
To identify and incorporate measures that could avoid, minimize, or mitigate impacts of the proposed
project and altematives.
City of Scandia lnteraction
Assistance in the identification, review, and selection of potential mitigation measures.
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Appendix A
Procedures
The AECOM Team will identify the measures that could eliminate or mitigate for the adverse impacts of
the project, as identified in the analyses completed for Task 7 and through public and agency input.
Deliverables
Text, tables, and graphics for the EIS describing mitigation measures.
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Appendix A
EIS DELIVERY TASKS
Objectives
To prepare, distribute, address comments, and participate in meetings to facilitate an effective, objective,
and transparent environmental review process.
City of Scandia lnteraction
. Review of documents in a timely manner and compilation of internal comments in order for the
AECOM Team to address in revising the draft EIS.
. The City shall be responsible for paying for the meeting location, audiovisual equipment, and
recording or hiring a court reporter to transcribe the meeting.
Procedures
Task 9-Preparation of a Draft EIS
The AECOM Team will prepare a draft EIS for the City's review and approval. The draft EIS will be
completed to satisfy MEPA requirements and will be written in a concise, accurate and thorough manner
and use language understandable by the public. The draft EIS will analyze the environmental impacts for
the mining alternatives and reclamation. The draft EIS will also address mitigation measures that may be
taken as a result of sand and gravel mining. The AECOM Team will submit draft chapters in electronic
format as they are completed for the City's review. Any technical data used to support the discussion in
any chapter will be attached as an appendix or referenced.
Task 10-Public Meeting, Draft EIS
AECOM will provide information and help develop presentation materials for a public meeting to discuss
and receive public comment on the draft EIS. The public meeting will be held not less than 15 days after
publication of notice of availability of the draft EIS. The AECOM Team and any subcontracted consultants
who are knowledgeable about the contents and preparation of the draft EIS will be made available to
attend, present material, and answer questions at the meeting.
Task 11—Response to Public Comments
The AECOM Team, in cooperation with the City, will compile, catalogue, review, and prepare draft
responses to timely oral and written public and agency comments on the draft EIS.
Task 12-Final EIS
Based upon comments received,The AECOM Team will prepare and submit to the City for review a Final
EIS/Response to Comments that complies with MEPA and Minn. Rule 4410, particularly part 4410.2700.
Task 13—EIS Adequacy Hearing
The AECOM Team will attend and participate in the Final EIS adequacy determination hearing before the
Scandia City Council. If the EIS is determined to be inadequate,we will work with the City to prepare an
adequate EIS during the 60 days allowed under Minn. Rules. If required, we will work with the City to
develop a scope and cost for any related investigations and evaluations that were not in this scope of
work.
Deliverables
•:• Preliminary draft EIS sections in electronic format for review by City staff and their designees as they
become available.
�o Revisions to the preliminary draft EIS as needed to respond to City staff and designee comments
•:• A PowerPoint slideshow, to be approved by City of Scandia staff, for presentation at the City of
Scandia Final EIS adequacy meeting.
•: Distribution of the draft EIS as required by Minn. Rules 4100.2600, submit the required notice to the
EQB for publication in the EQB Monitor, and complete a press release for distribution to local
newspapers. AECOM will provide twelve (12) paper copies and one electronic copy of the Draft EIS
to the City of Scandia.
. A PowerPoint slideshow, or other presentation format, to be developed with and approved by City,
for presentation at the required draft EIS public meeting
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Appendix A
•:• Up to 10 graphic on boards prepared from figures included in the EIS for use at the public meeting
. A comment form (up to 150 copies), up to three page fact sheet (up to 150 copies), and sign-in
forms.
s• A preliminary draft Final EIS/Response to Comments document in electronic format for review by
City of Scandia staff and their designees.
•: Revisions to the preliminary draft Final EIS/Response to Comments document as needed to respond
to public comments on the draft EIS.
:• Distribution of the final EIS as required by Minn. Rules 4100.2600, submit the required notice to the
EQB for publication in the EQB Monitor, and comptete a press release for distribution to local
newspapers. AECOM will provide twelve (12) paper copies and one electronic copy of the Draft EIS
to the City of Scandia.
Page 19
Zavoral Mining and Reclamation EIS Project Schedule
March 23, 2009 Record of Decision and Positive Declaration for EIS for Zavoral
Mine and Reclamation Project published in EQB Monitor
April 7, 2009 Public Scoping Meeting
April 21, 2009 Final Scoping Decision
Sept 7, 2009 Notice of Intent to Prepare the EIS published in EQB Monitor
January 6, 2010 Revised Scoping Decision Document
January 11, 2010 Revised Notice of Intent to Prepare the EIS published in EQB
Monitor
Mar-July 2010 Draft EIS Preparation
Aug-Sept 2010 Draft EIS Distribution, Comment Period, and Public Meeting
Sept-Oct 2010 Final EIS Preparation
November 2010 Final EIS Adequacy Determination
Environmental Impact Statement
City of Scandia,Minnesota APPENDIX B
Zavoral Property Mining and Reclamation Project
Cost and Fees
DescripNon of ServicelDeliverable Total Hours Total Labor Cost
Project Management and Communications
1.0-Project Management 104 $ 19,740
2.0-Intemal and Extemal Communications 332 $ 56,560
Project Management and Communications Totals 436 $ 76,300
EIS Preparallon Tasks
3.0-Cover Sheet � $ "
4.0-Project Summary,Table of Contents,List of Preparers,and Project Description 4 $ 710
5.0-Permits and Appmvals 8 $ 1,420
6.0-Description of Proposed Alternatives 28 $ 5,480
7.0-Environmental,Economic,and Sociological Impacts 1,390 $ 165,172
8.0-Mitigation Measures 56 $ 9,290
9.0-Preparation of a Draft EIS 108 $ 16,620
]0.0-Public Meeting,Draft EIS 62 $ 9,900
11.0-Response to Public Comments 72 $ 10,770
12.0-Final EIS 48 $ 6,540
13.0-EIS Adequacy Hearing 38 $ 5,970
EIS Preparadon Tasks Totals 1,814 $ 231,872
Total Labor Hours/Cost 2,250 $ 308,172
Total Other Direct Costs $ 10,222
Includes driller cost($1,500)to conduct the pump test(See Work Plan-Task 7.8).
Total Project Hours/Costs 2,250 5318,394
Notes:
Detailed listings of team members,titles,attd project roles are shown on the following estimate
detail sheets.