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9.c)1) Operating Permit for Bracht Bros. Inc. s
Meeting Date: 03/16/2010
Agenda Item: � �., � ��
City Council Agenda Report
City of Scandia
14727 209`h 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 185th Street, east of Oakgreen Avenue and west of Old
Marine Trail.
Deadline/ Timeline: 120-day review period ends June 8, 2010. The AOP will cover the
mining season through December 31, 2010.
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 03-16-10-04 Approving AOP for Bracht Bros.
Materials provided: . TKDA memorandum, with attachments
Contact(s�: Sherri Buss, TKDA (651 292-4582)
Prepared by: Anne Hurlburt, Administrator
(Bracht Mining AOP)
Page 1 of 1
03/12/10
}
CITY OF SCANDIA
RESOLUTION NO. 03-16-10-04
RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION
OF BRACHT BROS., INC. FOR
SAND AND GRAVEL MINING AND PROCESSING
WHEREAS, BRACHT BROS., INC. operates a sand and gravel mining and processing
operation located on approximately 40 acres on 185`h 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 recard, 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 l
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 l 98.68 feet to the point of beginning.
Resolution No.: 03-16-10-04
Page 2 of 3
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
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
WHER.EAS, 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, 2010;
and
WHEREAS, the Scandia City Council reviewed the application at its regularly-
scheudled meeting on March 16, 2010;
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 above mean sea level
(amsl).
2. The Applicant shall provide the following groundwater monitoring information for
2009, and on each AOP application in the future:
• Depth to water level measurements (from below top of casing) in the "Water
Level" Table.
• Production well records, including data regarding the water level in the
production well under non-pumping conditions during the spring, summer and
fall monitoring periods.
• The lab report, and chain of custody, including identification of which
monitoring well was used to collect the samples. �
3. The Applicant shall provide for dust control application of calcium chloride from the
"truck� hauling" sign near the mine site to Olinda Trail. The need for dust control
shall be determined by the City.
,
Resolution No.: 03-16-10-04
Page 3 of 3
4. The Applicant shall provide a specific Contingency Response Plan to the City that
may be on file at the Fire Department.
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 16th day of March, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk/Administrator
TKDA444 Cedar Sfreet,Sude 1500
Saint Paul,MN 55101
.
(651}292-4400
Tha rigLt kime.The rigM peop]e,79�e rigld oanpaqyr (651)292-�083 FeX
www.ticda.com
MEMORANDUM
To: City Council Reference: Bracht Bros., Ine -Annual Operating
Anne Hurlburt, City Administrator Pennit Application for a Mining and
Copies To: Bracht Bros., Inc. Processing Operation
Kirsten Pauly, Sunde Engincering City of Scandia,Minnesota
From: Shexri}3uss, R.L.A. _ Proj.No.: 14561.001
Date: March 8,2010 RouNng:
SUBJECT: Bracht Bros., inc. -Anr�ual Operating Pecanit(AOP)Application for a Mining
and Processing Operation
MEETING DATE: March 16,2010
LOCATION: All tl�at 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 8,2010
ZONING: Agricultural District
IT�MS RE'VIEWED: Application, Plans, and Related Submittals
BRIEF DESCRIPTION OF THE REQUEST:
The Application is for an Annual Operating Pei-mit(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 Peimit(CUP)issued by Washington County when the County exercised
land use authority within New Scandia Township. 'The Applicant applied ior and received its first CUP from
the City of Scandia for its operation on May 20,2008. The CUP included a number of conditions that will
apply to the AOP and operation of mining and processing activities on the site.
Tlae City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season.
Applications are due by Januaiy 30 each year, so that permits can be approved before the start of the mining
season in that year.
An Fmployee Dwned Company Promoting�ltimtadve Action and fqua!Dpportunity
I
Scandia Plarining Commission Page 2 March 8, 2010
Bracht Bros, inc.,AOP for Mining
EVALUATION OF THE AOP REQU�ST
The Applicant is requesting an Annual Operating Permit(AOP)for a mining uperation. The permit
requireinents are govei7ied by the City's Ordinance No. 103, Mining and Related Activities Regulations. The
Ordinance rec�uires 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 ihe request for an AOP based on the Conditional Use Pea�nnit, the City's Ordinance,
and the materials submitted by the Applicant that describe the proposed operating conditions and reclamation
plan.
CONDITIONAL USE P�RMIT REQUIREMENTS
The City of Scandia approved a Conditional Use Permit for 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:
Condition Deadline Status
Specified
In CUP
1. Comply with CUP Ongoing In process-monitored by City staff and
consultants.
3. Comply with rules and Ongoing In process-monitored by City staff and
regulations consultants.
4. Pei�nits from None Specified Approved permit received by the City
CMSCWD on July 10, 2008 and on file.
5. Installation of July 20, 2fl08 Initial monitoring wells wete installed
Monitoring Wells on September 12,2008,and reviewed
by LBG. Third rnonitoring well
installed in 2009. LBG discussion and
recommendations are included in the
text sections that foilow this table.
6. Ground Water July 20, 2008 Approved ground water plan is on file
Monitoring Plan at the Cit .
7. Production Well Ongoing Well records are being kept and were
Records rovided to the Cit for this re ort.
8. Wash Plant Operation Ongoing Operation records are being kept and
Recot•ds were provided to the City for this
re ort. Meets re uirements of the CUP.
9. Deptli of Excavation Ongoing Depth of excavation will be established
based on I,BG►•eview of water level
data. Maximum de th of excavation is
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Scandia Planning Commission Page 3 March 8, 2010
Bracl�t Bros, Inc., AOP for Mining
Condition Deadline Status
Specificd
In CUP
required to be at least three feet above
the water table, in accord with
Watershed District rules and CUP.
LBG comments and recointnendation
included in text section,below.
10. Ground Water Analysis Ongoing Ground water samples were to be
for Diesel Range analyzed for diesel range organics
Organics(DRO) (DRO) as required in the groundwater
monitoring plan. Groundwater samples
were collected in February,and results
included in a report from Pace
Anaiytical Secvices, Inc.No DRO
detected.
11. Updated Site Plan with July 20, 2008 Updated site map provided in AOP
index wells A licatian
12. Truck Signage July 20,2008 A truck hauling sign with the distance
to the access road was installed on the
westbound approach to the site.A
supplemental sign was added to the
existing"trucks hauling" sign
indicating 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 has not received coinplaints
from residents regarding truck traffic
on Old Marine Trail during the 2009
miniag season.
14. Dust Cont�•ol Plan No date Ei dust control plan was included in the
_ s ecified ap lication,and is discussed below.
15. Wetland Buffer No date The wetland buffer was marked in the .
specified field as required in ihe CUP.No
disturbance is planned in that aa�ea in
the 2010 appiication. Field inspection
by City staff found that the area was
not disturbed during the 2009 mining
season.
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Scandia Planning Commission Page 4 March $, 2010
Bracht Bros, Inc., AOP for Mining
l 6-20. Reclamation Plan July 20, 2008 Reclamation Plan was approved with
CUP. Reclamation progress related to
the approved plan was included in the
a lication.
2l. Letter of Credit/Security July 20, 2008 A lettec of credit was sub�nitted to the
Cit in 2008.
22. AOP application January 31 The application was uiitially subinitted
submittal annually on January 29, and with supplemental
information submitted, determined to
be cozn lete on Februaa•y 8,2010
OPEI2ATING CONDITIONS - EVALUATION FOR AOP
Site Operatio�:s-Background Information
The site is 40 acres in size. The mining permit is requested for approximately 25 of these acxes.The mining
opera#ions include extraction of sand and gravel with loaders. The material is crushed on-site using a
portable crusher that is periodically brought to the site when needed. A wash plant, including conveyors,
screens and a supply well, is also located on the site,in the lower portion of the mine floor. Washing with
water z•en�oves the fine particles associated with the sand and gravel. The water source is a well on the site,
and the Applicattt obtains a Minnesota DNR Water Appropriations Pennit annually for the well. After use in
the wash plant,the water is discharged to sedimentation basins. Ai�er settling,the water is recycied back to
the wasll plant. The Applicant indicates that recycled water is used for approximately 80 percent of the wash
plant operation. The sedimentation basins are dredged periodically,and the dredged material is used in site
reclamation.No mining into the groundwater has occurred or is planned for this site.
A�inual Activ�ty-2009
The application generally includes the data required by the Ordinance regarding annual activity on the site.
(The letters"cy"indicate "cubic yards"on tlie table below.) The 2010 application notes the following:
The amount of material removed from the site in 2009: 3,618 CY
(For comparison,the amount removed in 2007 was 20,760 CY)
Amount of add-rock brought onto the site in 2007: 0 CY
Amount of recycled asphalt and eoncrete brought to the site in 2007: 0 CY .
Area�•eclaimed through backfilling: Phase 2 area
(Acres of reclamation ixot indicated)
Average number of trips to and from the site per day: 2 #rips/day
.Activity Proposec!for 20I D
The AOP proposes the following operations during the 2010 mining sea.son:
• Rec(amation of additional area on the site based on the Reclamatioa� Plan.
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Scandia Planning Commission Page 5 March 8, 2010
Bracht B�•os, Inc.,AOP for Mining
• Active minin�will contit�ue in the Phase 3 area. Washing aud processing will continue in the open
portions of Phases 1 and 3. The areas of active mining, stockpiling,processing, and reclamation are
indicated on the site plan provided with the application, attached.
• Reclamation activities in 2009 were focused on backfilling the southeastern portion of the Phase 2
area. Reclamation activity in 2010 will consist of continued backfilling towards the north, compieting
the reclamation of the Phase 2 area, and moving into the Phase 3 ceclamation area.
Setbacks
The AOP application indicates t11at the minimum setbacks are maintained as follows:
• 50 feet from an adjoining property line
• 200 feet from an occupied existing structure
• 100 feet from any residential lots of 5 acres or less
• 100 feet from any road ri�ht-of-way.
The setbacks meet the requirements of Ordinance No. 103. City inspecting indicated that the setbacks are
maintained and meeting City requirements.
Fenci�:g
The entire mining site is fenced with 3-strand wire fencing. Locking metal gates are located at the site access
points. Site inspection in 2009 by City staf£indicated that the fence and gates meet the requirennents of the.
City'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 Ordinance.
The applicant did not request extended operating hours during 2009. The Ordinance requires that any
extended hours be specifically authorized by the City.
Screening
The application describes the existing screening at the property, and indicates that no additional screening is
planned for 2010. The CUP did not require any additional screening of the property.
Dc�st Cor�h•o!
The CUP requires lhat ihe Applicant provide a Dust Control Plan to the GiTy, detailing plans for dust control
'on 185th Street and Old Marine Trail, if this road is used for hauling. Th� Applicant included a dust control
plan in ihe application, and additional detail is provided in the aitached letter dated November 30,2009.
The City's primary concein rclated to dust control at the site is the control needed on haul roads-particula�•ly
on 185t1i Street_ The City of Scandia provided dust control during 2009, based on the AOP for that mining
season. The City bills the applicant for the cost of the dust control treatment. Iia 2009, dust control included
application of calcium chloride oi�e time betwee��the mine and Olinda Trail.
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Scandia Planning Comnussion Page 6 March 8, 2010
Bracht Bros, Inc., AOP for Mining
o The applicauit is proposing that they be responsible for dust control on approximately 2043 feet of
]85'�' Street, from S86 feet east of Olinda Trail to the truck hauling sign on the south side of 1 g5`n
Street.
• City staff recommends that the applicant be responsible for the cost of dust control for the full
distance from the "trucks hauling"sign near the mine site to Olinda Trail, and that the existing
an•angement for providing dust conh•ol continue for the Bracht mine site.
'I'he applicant notes that the CUP requires that the operator discourage trucks from using Old Muine Tt�ail.
Therefore,the applicant should be responsible for dust control only if there is a local job that requires a
substantial number of loads on Old Marine Trail. The applicant indicated that it will contact the City prior to
beginning a job that will use Old Marine Trail as a haul route to determine the appropriate dust contcol
requirements.
Noise
The CUP requires 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 2009 mining season.
Deptl� of Excavation
The application indicates that new areas of mining will not be excavated below 920' above mean sea level,
until at least three monthly water level readings have been taken from the new monitoring wells. The
applicant submitted monitoring results for 2009 to the City and its consulting hydrogeologist for review and
approval.
LBG reviewed the monitoring results and recommended the following�•egarding the depth of mine
excavation:
Based on the historical DNR observation we11 data near Big Marine Lake, groundwater leve(s 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 BrachYs observation well MW-3,the water level on October 29, 2009 was at
dn elevation of approximately 909 feet amsl.Assuming a rise in water levels of approximately 6 feet could
occux•within a given year,the water table could rise to elevation of approximately 915. LBG recommends the
d�e th of excavation not�o below an elevation of 918 to ensure the base of the excavation remains 3 feet
above the watec table.
Site Clenrance
No site clearing is p�•oposed in 2410.
Appearn�lce/Con�lition
The application indicates that the Operafior will maintain the buildings aiid equipment in a neat condition.
Site visits in 2009 have verified that the condition of the site meets the rcquiremenis of the City's Ordinance.
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Scandia Planning Comnussion Page 7 Marcli 8,2010
Bracht Bros, Inc., AOP for Mining
Sa�iitnry Fncilitres
Portable sanitary facilities are provided on the site,and con�ply with the requirements of the Ordinance.
Waste Disposal
Waste disposal from the site is required to confarm to Federal, State and City requirements. The application
indicates that the requirements have been followed this year,and site visits identified no problems with waste
disposal.
Ground 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 tlie second well was a
perched condition and could not be used to monitor the water table, LBG recommended that an additional
well be installed at the site.
LBG reviewed the 2009 monitoring data, and provided the cotnments that follow. LBG indicated that other thau
the specific requests noted below, the recent and proposed 2010 activities are in compliance with the City of
Scandia's Ordinance No. 103 and Chapter 4 of the Development Code as it relates to inining and groundwater
issues.
1. Monitoring Wells: Well hydrographs foz•the three monitoring wells are shown on figures included in the
application. Wells MW-1 and MW-3 are water table aquifer we11s. MW-2 appears to represent perched
water conditions.
Since December 2008 the water tab(e aquifer has dropped approximately 1.5 feet. This decrease is not a
result of mining activities, but due to less precipitation and recharge to the aquifer over the last few years
resulting in a regional lowering of the water table.
The AOP should provide depth t.o water level measurements (fro�n below top of casing) in the "Water
Level Table".
As was noted in LBG's Feb�-uaiy 8, 2009 memorandum,the purpose of the second monitorin�well was to
verify flow 'v� the water table aquif�r is fronn west to east across the site. This is supported by the
Washington County Geologic Atlas, Plate C-5, which sliows the west to east direction. Water level data
fi•om MW-i and MW-3 indicate that variations in flow direction are occurring;llowever,the magnitude is
difficuh to detertnine based on the ptacement oi these two wells relative to onc otl�er. LBG wili continue
to evaluate subsequent water levels, and if more significant changes in elevation are observed an
additional monitoring well may be requi�•ed in the future to verify flow direction.
2. Production We1l Records: Braclit should provide these to the City so the pumping records can be
compared to past and future groundwater level tcends at the site. Measuring the watet• level in the
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Scandia Plaruling Commission Page 8 March 8, 2010
Bracht Bros, Inc.,AOP for Mining
production well under.non-pumping conditions would also be useful during the sp�-ing, summer, and fall
monitoring periods.
3. Groundwater Analyses: DRO was not detected in the groundwater sample collected fi•om the"monitoring
well". The 1ab report or the AOP does not indicate which "monitoring well" the sample was collected.
This should be noted on the chain of custody,the lab report,and in the AOP application.
Fuel n�td Chemical Slorage
The application indicates that fuel and chemicals are stored according to City, State and Federal Standards.
The applicant complied with these requirements in 2010.
Conlir�gency Response Pla�: �
The application includes a general Contingency Response Plan. The Ordinance requires that the Applicant
also train staff in immediate and remedial respouse to accidents or spills. The Applicant should indicate if or
when staff training will be provided. l'he applicant should provide a specific Contingency Response Plan to
the City that may be on file with the Fire Depaxtnnent.
Processing
The application describes tlie permanent processing equipment and its location at tlle site. The proposed
operation and location of the processing equipment meets the requirements of the City's Ordinance.
Trucking Operations
Tl�e 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 requiced by the CUP in 2008.
Reclamation Plan
The Applicant submitted a Reclamation Plan that was approved with the CUP. The proposed Reclamation
Plan includes backfilling to create slopes up#o a maximum 4:1 gradient,adding topsoil, seeding, aud
mulching.
The application indicates that reclamation activity in 2009 included backfilling within the Phase 2 area. In
2010, backf iling will continue in this area and move to the north. Placement of topsoii, seeding and
mulching of the backfilled areas is anticipated in the spring of 2010. The reclamation proposed appears to be
consistent with the City's requirements that reclamation be completed concuiTently and proportionally with
the mining operations,while kceping areas open on the site for active mining and processing activities.
While not required by the Ordinance, it would be helpful for the Applicant to include inforniation in thc AOP
application each year regarding tlie nun�ber of acres mined each year and the number of acres reclaimed at
the site.
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Scandia Planning Commission Page 9 March 8, 2010
Bracl�t Bros, Inc., AOP for Mining
S1T� INSPECTION
The City's Planning Commission and staft completed site visits and inspection of the Bracht Mining
Operation several times during 2009, as the Applicant completed the items reyuired in the CUP. Staff also
took photos during the site visits to document site conditions.No issues related to CUP compliance were
identified in the si#e 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 con�munity.
4. Table the request.
PLANNING STAFF RECOMMENDATIONS:
The Planner reconnmends that the Anmial Operatin�Permit for Bracht Bros., Inc.,mining and processing
operations be approved, with the following conditions:
1. The minimum mining excavation elevation shall be 91 S feet amsl.
2. The Applicant shall provide the following groundwater monitox•ing infoi7nation for 2009, 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, so the pumping records can be co�npared 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 applieation shall indicate which "monitoring weli"
was used to collect samples.
3. The Applicant shall provide for dust control application of calcium chloride from the "trucks
hauling" sign nea�•the mine site to Olinda Trail. The need for dust control shall be determined by the
City.
4. The Applicant shatl provide a specific Contingency Response Plan to the City that may be on file at
the Fire Depai�tment.
ACTION REQUESTED:
Staff request that the Cotincil review this Report and approve the AOP on March 16.
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i
January 29, 2010
6. Washpiant Operation: Records af when the washplant operates are kept to
identify when the production well is pumping.
7. Depth of Excavation: Bracht will not excavate any deeper than 920 ft above
mean sea level until authorized by the City. Once the water levei data has
been reviewed and analyzed by the City's consulting hydrogeologist, the
depfh of excavation elevaiion will be established based on the elevation of
the ground water. This elevation will be a minimum of 3' above the
groundwater table.
8. Ground Water Analysis: Ground water samples will be analyzed for DRO
as indicated in the groundwater monitoring plan. Groundwater samples are
scheduled to be collected in February and results will be forwarded to the
city upon receipt. Currently, no gasoline is stored on site. lf gasoline is
stored on site in the future, GRO will also be added to the analyte list.
9. MN Countv Well Index: There are no wells on file in the County well index
system that are located in the area depicted on the Site Plan: A County
Well Index Figure is on fife at the City which shows the location of the
County Wefl Index wells in the vicinity. This information was also provided
on Figure 2 of the permit application materials.
10.Truck Haulinq Siqns: A truck hauling sign with the distance to the access
road was installed 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.OId Marine Trail: Bracht discourages trucks from using Old Marine Trail
except when necessary for local hauling.
92.Dust Control Plan: A dust contro! plan is included as item B5 of this
application. This is the dame dust control plan previously approved for the
site.
13.Wetlands: A fifty foot buffer area from the weflands is permanently marked
in the field, There will be no future disturbance of vegetation of mining
activity within the setback area.
14.Uadated Reclamation Ptan: Current reclamation progress is indicated on
the attached Site Plan.
15.Final elevations: The approved reclamation plan indicates that fhe lowest
final grade after reclamation will be at least ten feet above the highest
groundwater elevation.
2/8
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January 29, 2010
B. Operating Conditions:
The site operates in accordance with operating conditions regulated by
Section 7 of the Scandia Ordinance 103.
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 follows:
• 50 feet from an adjoining property line
• 200 feet from an occupied structure existing on May 20, 2008.
• 100 feet from any contiguous property subdivided into residential lots
of 5 acres or less
• 100 feet from any road right-of-way.
2. Fencing: The entire site is fenced with 3 strand wire fencing. Locking
metal gates are Iocated at the site access points.
3. Hours of operation: The site is operated from 7:00 a.m. to 7:00 p.m.
Monday through Friday except holidays. Extended hours may be
required periodically for situations such as emergencies, accelerated
work schedules or weather delays. Extended hours were not requested
in 2009. lf operations are required beyond fhe 7:00 a.m. to 7:00 p.m.
hours, or an Saturdays, Sundays or holidays, prior permission will be
obtained from the City o#Scandia in accordance with procedures set
farth in Ordinance No. 1 p3.
4. Screening: Landscaping has been completed in accordance with
plans approved by Washington Coun#y in 1991. There are a number
of berms located around the property and trees planted around the
perimeter of the property provide screening from adjacent land uses.
Many trees were planted in the 19$0'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 control: This pian addresses dust control measures which are
implemented at #he gravel mining site.
a. Strippinq Operations: Dust production at the site is related
predominately to wind erosion af the topsoil, stockpiles and mining
activities. Due to the size particies in topsoil it is subject to three
times greater erosional losses than the underlying sand and
gravel deposits. Wind erosion, which creates dust, will be most
prevalent during periods of stripping. The majority of the site
3/8
/ �
January 29, 2010
where mining will occur has been stripped. The only additional
stripping will occur in conjunction with the restoration of the site
when the eastern portion of the site will be sloped to create final
restoration grades. When additional stripping occurs the following
practices will be followed:
• Conduct stripping operations as quickfy as practical. This
includes removing all of the topsoi! to expose the underlying
sand and gravel with reduced dust production potential, and
stockpiling the topsoils.
� All berms will be stabilized as quickly as practical by applying
seed and muich and watering as needed to assure proper
establishment of vegetation. All berms on the site have been
stabilized.
b. Mininq and Processinq Operations: Mining operations contribute
to dust production in the extraction, processing and transportation
of product. Mitigative measures which can successfully be
applied to various aspects of the mining operation, and which will
be followed by the operator are discussed below:
• The general setting of operations are recessed and perimeter
berms, act to trap a po�tion of the dust generated within the
site, and prevent it from migrating beyond site boundaries.
• The natural moisture content of the deposit as well as the
washing process minimizes dust generation.
c. Dust Control on 185`h and Old Marine Trail:
• 185"' Street: The operator will provide dust control on 185"'.
Historically this has been accomplished in cooperation with the
City of Scandia. The City of Scandia applies calcium chloride
treatments as needed and invoices Brachts. Brachts will be
responsible for appfications applied halfinray between
Oakgreen Avenue and Olinda Trail (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 tn.ick hauling activity. The City bills the operator for the
dust control appiication. The operator a�rees to continue this
method and extent of dust control on 185 Street.
4/8
l �
January 29, 2010
• Old Marine Trail: The CUP requires that the operator
discourage trucks from using O�d Marine Trail. Therefore, only
if fhere is a local job requiring a substantial number of loads
would it be necessary for the operator to provide dust confrol
on Old Marine Trail. In 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 conducfed 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. The water leve! 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 2010.
9. Appearance/condition: All buildings, plants and equipment at the site
are maintained in a neat condition. Weeds and other unsightly or
noxious vegetation are controlled as necessary to preserve the
appearance of the reclaimed 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 Federal, State and City requirements.
12. Water Quality Monitoring: An approved groundwater monitoring plan is
on file for the site. Water level measurements from 2009 are included
in Attachment A.
13. Fuel and Chemical Storage: All#uel stored on site is stored in
accordance with Federal and State standards.
14. Contingency Response Plan: In the event of a fuel leak or spill,
immediate action wif! be taken. If the spill or leak is active, measures
will be taken to control or stop the spill. Available on-site equipment
(loaders, dozers) will be used to contain and recover the spill.
5/8
l �
January 29, 2010
Additional cleanup equipment and personnel will be called in for
assistance as necessary.
15. Added Provisions: The operator will comply with other such
reasonable requirements that the City may find necessary to adopt for
the protection of health, safety and welfare and/or prevention of
nuisance.
16. Processing: The site operates permanent processing equipment in
accordance with all Federal State and City air and water quality and
noise standards. Processing equipment is screened from view from
other properties and adjacent roads. Portable crushing equipment is
placed on the floor of the facility and setbacks per Ordinance No. 103
are maintained between the processing equipment and the property
lines.
17. Recycling: No recycling activities occurred on-site in 2009. Recycling
is no#anticipated in 2010.
18. Trucking Operations: The site accesses 185th Street North, a gravel
city street. All loads leaving the site are loaded accordance with state
law. Loose material is cleaned from the truck and tires prior to exiting
the facility.
19. Asphalt Plants: No asphalt plants are operated at this site.
B. Annual Activity
1. Amount of material removed from the site in 2009: 3,618 cy
2. Amount of add-rock brought onto the site in 2009: 0 cy
3. Amount of recycled asphalt brought to the site in 2009: 0 cy
4. Amount of recycled concrete brought to the site in 2009: 0 cy
5. Area reclaimed and type of reclamation: In 2009: backfilling took place
within Phase 2. ln 201 d, backfilling will continue in Phase 2 and move to
the north. Placement of topsoil and seeding and mulching of backfilled
areas is anticipated in the spring of 2010.
6. Average number of trips hauling material to and from the site per day for
the season: In 2009 a#otal of 348 truck loads were hauled from the site.
Based on 180 operating days, this is an average of 2 loads per day.
618
1 �
January 29, 2010
C. Description of operating conditions pianned for the coming year:
1. During the 2010 mining season, focus will be on reclaiming the site in
accordance with the approved reclamation plan. Some excavation may
continue in Phase 3. Washing, processing and stockpiling will continue
in open portions of Phases 1 and 3.
2. Site Plan: A Site Plan is attached which illustrates the location of active
mining, stockpiling, processing and reclamation locations anticipated in
2010.
3. Aerial Photo: An aerial photo is attached that shows the location of
active mining, stockpiling, processing and reclamation locations
anticipated in 2010.
4. Reclamation: Reclamation activities in 2009 consisted of backfilling the
southeastern portion of Phase 2. Reclamation activity in 2010 will
consist of continued backfilling towards the north into Phase 3.
5. Operating Conditions for 2010: Active mining will continue in Phase 3.
Reclamation activity will be completed in Phase 2 and move in a
northerly direction. Washing, processing and stockpiling will continue
within Phases 1 and 3.
D. Inspection:
The City inspected the site in conjunction with the CUP permitting process
in the fall of 2009.
III. CERTIFICATION
I certify that the plans, specifications 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 29, 2010
7/8
l �
]anuary 29, 2010
BRACHT BROS.,
INC.
Water Level
Table
Well Ground 'Top of Water Elevation Water Elevation
ID Casing 12/30/2808 3/19/2009 4/14/2009 6/7/2009 8/12/2009 10/29/09
MW-1 938.02 940.17 910.67 909.84 909.94 909.59 909.3 908.5
MW-2 965.41 967.49 932.24 931.16 930.95 932.11 830.82 930.fi6
MW-3 931.90 933.37 910.45 909.54 909.74 909.48 909.54 909.04
8/8 II!
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NOTES: � ��� �
p�C �W���1 l >en Ph
TH�9 FL4N DEPICTS THE AREqg yy��ICH WILL REQUlRE � g �f���
RECtAMqTION AC7MTiES.A PORTION OF 7HE S1TE AIONG THE �
� pE�� /�� \ / / �� � NORTH PROPERTy LINE HAS BEEN�CLAIME�,OTHER PORTIONS m
_ � � OF DlSTUR6ED AREA HAVE BEEN g CWf�yvW�4CNY EN"u+a'EERS
`� �o APP�ICqTI0N0�TOPSO�LAryD �Y�f1LLEDANDREQUIRE ,,,,,, �a�
�'PEM$--•.-,- < -w}h,:,," . �EGETATION.ABOUT TEN ACRES �c,������y,�"�
,�.v;`_-,._ t� . X'�� a.- � L,TOPSOILAPPLICATfOMlUvO w��"''�°*T-
;�-- �- ^•.�'.f�,.�`r ^�—�. �+p$ OF TNE SI7E WILL REQUIRE BA
;�. �?'.`';'�;.`-""::ya,,......;rr,i„5.>....�960 CKFlL �
�,�4;�,�;��,;�, �-� -• �`'�•`"i-'�' ' \ ESTABLISHMENTOFVEGETATIOk.
� :.,�.�•,;J;;�� �'r�r�.=�t;'"`.�-V�'�''`� �.J
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+���,;�.r,�,�,:r.��a.;t�= ,;•_:�''�:`� BRACHTBR05.,
,.:Y;;B31Y='` ' AREAS WiL18E GI2ADEDANO S�OPED TO A MAXIi�UM 4:1 SLOPE. � IWC.
FINAL RFCViMATION � ''�"`�'•`"' 4'OF LOANR'ON-SITE SOILS SUlTABLE AS TOPSOIL WILI BE
GRAQE5 -',�;.�:w:o
' s�o � PIACE'D OVER THE GRADED AqEqg,pRlOR TO PLAGNG TOPSOR, SCANOIA
- � LOOSEN 17iE S0�!THE SOIL BY TfLUNG THE AREA TO A DEPTH OF
I � A7 LEAST 121NCHES IN ORDER T6 PROVIDE A WELL AERATED GRAVEI.MINlNG
� i \ � POitOUS SURFACC 7EXTURE. OPERA770N
�_ � !N AP.EAS'f0 BE SEEOED,USE NATIVESEED MIKfURE WASHINGTON
� ( � EQUIVALENTTOMNDOTN0.350.APpLYSEEDIUIXRIREATARqTE CO(IM7Y,MN
OF 84.5 lB5 PER ACRE IN ACCORpAIVCE yyfTH pqNDOT STANpARp
Eouu��rrrroee SPEC.2575,INCORAORATEAFERTLIZER(SIOWRElEASETYpE
��o��p� WlTH 10 WEEK RESIDUAL)CONSIS7ING OF 23-0-30(%N�-K}INTO
OFF11W, ^M�
� ����p" THE SOIL AT AN APPlICATfON RATE OF 200 LBS PER ACF�BY
� DISIqNG PRIOR TO SEEDING.E57ABUSH NATNE SEED MIX IP!
ACCORDANCE UVITH MN�OT STANDARD SPEC.2575.3.LIGHTLY
� �� HARROW OR RAKE THE SITE FOLLOWING THE SEEpING
� i � OPERATIQN.?qCK THE 5lTF FOl.LOWING HARROWING iN ORDER ,
70 ENSURE A FlRM SEED-BED,
MAXIMUM �_--�
� RECi.AMATION g� COMPLy WfTH THE REQUIREMEN'f5 OF MNDOT STANDARD SpEC.
SLOPE=4:1 9� TABLE 2575-2 FOR SEASON OF pLANTING NA7NESEED MIXTURES. '�
THE AppROPRIATE DATES FOR 5PRfidG SEEDiNG ARE FROM ApR�L
g 15 hfROUGH JULY 2D.FA(L SEEOING DATE9 ARE FROM '"—"
[� y� �o SEPTERqBER 20 70 OCTOgER p,pppA�AM SEEDING DATES ARE I
�i �p� FROM OCTOBER 20 70 NOVEMBER 15.DORMpNT SEEUING WILL
ONLY BE A1.lOWED!F THE MAXlMUM gp1�TEIy9pERq7��AT A
� 9� DEPTF{OF 1 fNCH DOES�10T EXCEED 50 DEGREES F IN ORDER 70 ����e
f' � PREVEN7 GERMlNA7ION. � ��a"`'"
e� � � _t�
� � ��-' W 950 ��� MAINTAIN ARF1�S PLANTED UVt1'H NATNE SEEDS:PREVEN7 OR ��am�� �..
ggp �� CONTROL WEEO ESTfaBLISNMENT,MOW ONCE EVERY THREE TO ��...,�.
BERM TO REMAIN OURiNG m � FIVE YEARS 1N ORDER 70 REMOVE DF}1D PLANT MATERIAL AND
REClAM19ATI0N ACiN117ES I g�Q STIMULqTE NEW SEED.
� �� i � �.,�.R �
� 1,��9'ra � GRADES REPFESENT MtNIMUM RESTORATION GR.4DE9.IF � ��•`""'• --
AbDtTIONAL�1LL IS AVAILqgLE TF{E FlNAL GRADES MAY BE +""°�""
� HIGHCR.P,ECLA�,�qnON GRADES Wf1l MAINTAIN A MINIMUM I ""`
SEPARA710N OF iEN F'C�BEPNEEN GROUND WATER AND FINAI �,` �
GRADE ----
� EASTERN SCREENING BERM 70 BE REMOVED AS pART OF FiNAL e(RECLAh9ATI0N
{ PLAN
RECLAMATfON.WESTERN$CitEEry1NG BERM TO REMAIN,
9
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Bracht Bros., Inc.
8303 21 bht Street N.
Forest Lake, MN 55025
November 30, 2009
City of Scandia
Mr. Steve Thorp
14727 209th St N
Scandia MN 55073
RE: Dust Control of 185�' Street
Dear S#eve,
Upon receipt of the bill for the dust control applied on 185th Street, I was very
surprised by the quantity of calcium chloride which was applied on the road.
ThiS year 2,900 gallons were applied. Last year there was 2,424 gallons, while the �
five prior applications were for 1200 gallons each. I believe the City should offer
an explanation and justification for why the amount of chloride has more than
doubled over the last two years. In addition, we need to clarify which areas of
185�S et is our responsibility for dust control.
Both the CUP ond the AOP state that Bracht Bros., Inc. shall be responsible to for
the cost of dust conirol applications for this street. The Dust Control Application
Policy also contains this vague language. Please understand that I do not have
an issue with paying for the cost of dust control, applied in a reasonable
manner. From all the meetings and discussions that took place during the CUP
and AOP process, our engineer, Kirsten Pauly and myself were under the
impression that we had arnved at an understanding that the area of 185th Street
which needed to be treated was the areas with houses on it.
From 2004 to 2007, before Scandia become a city and all the rules and
regulations were rewritfien, the part of 185th Street that was our responsibility for
dust control began on the west at the tree line on the south side of 185th,which
is west of the first house on 185th. The calcium chtoride was then spread east
down 185th Street, going past Engstrom's house, ending at the east end of the
field past Engstrom's house. This length is approximafiely 2000 feet,which
required 1200 gallons af chloride.
In 2008, the calcium chloride application began, not at the tree line before the
first house, but at the beginning of 185th Street at Olinda Trail and ended past
Engstrom's house. This length is approximatefy 2600 feet and 2,325 gallons of
calcium chloride being applied. When I inquired about the quantity, the City's
staff only response was that the City made the decision to have dust confirol
��
applied from the beginning of 185th. That bill was paid with the anticipation of
resolving this issue during the permitting process.
Now in 2009, the calcium chloride was applied to an even greater length of
185fh. The application started at Olinda Trail and extended all the way down
tn
185 to the main entrance to the pit. As noted earlier, fihe amount of chloride
a plied this ear is more than twice the amount a lied in five of the last six
P Y PP
applications.
I feel that the application of calcium chloride to this entire length of 185ih is a
waste of chloride and money. I have no objection to the application af calcium
chloride, when it is applied to help control the dust along the porfion of the
street that has houses. The length of 185ih which was treQted this year was 4003
feet. Of this, less then half of the distance is residential footage.
�rom the intersection of Olinda Trial and 185fh, it is 586 feet to the tree line on the
south side ot the road. There are fields on both side of the road until this point.
The tree line is still west of the first house on 185th. I propose that this is where the
application of chloride should start. Please refer to the pictures for reference. It
should also be noted that on this stretch of the road there is a natural tendency
for less dust to be created. If the trucks are going west, they are slowing down,
preparing to stop at Olinda Trail. If they are going east, they are traveling at a
reduced speed as needed in order to tum onto 185th. As we all know, it takes a
while for trucks to get up to speed. The trucks are also asked to limit their speed
to 30 mph on this road.
The calcium chloride should continue to be applied past all the houses and their
yards. A g�ood stopping point would be at the trucks hauling sign on the south
side of 185 h . This sign is S00 feet past the last house before the entrance to the
pit. At this point, there are fields on both sides of the road and no houses are
visible. Fields continue to border the remaining 1400 feet of road, up to the main
gate entrance to the pit. It should be noted that there is one house on the south
side of 185th,just west of the gate. As you can see by the picture, the house is
set very far off the road, where the likelihood of any dust reaching it would be
very slim. Also, like the westem end of 185fh, the trucks are traveling at a slower
speed on this section of the road. If the trucks are eastbound, they would be
slowing down to turn into the pit or if westbound, they would be leaving the pit
loaded and slowly accelerating. By the time the truck reaches 30 mph, it would
be traveling on the portion oF the road to which the calcium chloride had been
applied.
The area that I recommend for coverage would be approximately 2043 feet.
This distance shouid provide each of the five homes with adequate dust control.
If this were to be averaged out per house, each house would benefit from
approximately 410 feet of coverage. This will not only provide coverage in front
of the individuaf homes, bufi also the entire distance in between them.
r' �
�. J
I am enclosing two checks to cover the cosf of the 2009 application calcium
chloride on 185ih. The check in the amount of$1,126.64 will cover the cost of
treating 185th for the distance that I thought we were responsible for, based
upon the agreement I thought we had in place after all the discussions and
meetings with the CUP and the AOP process. It is for 2100 feet at a cost of$.5365
per foot �$2,146.00 divided by 4000 feet.)
The second check is in the amount of$1,019.35. 8efore this check is cashed, I
would like the City Council to decide which part of 185th Street is our
responsibility. If the City Council thinks that the neighbors benefit from an extra
1000 feet of calcium chloride applied along the sections of roads that have only
fields on each side and no houses within view, that is their right and I will abide
by their decision.
I regre#that ihis took me an inordinate amount of time to respond the request
for payment. I knew that this would be a conflicted issue and would require a
public meeting and I am not the type of person who deals well with conflict nor
who likes public meetings. Even though we have spoken during this time and
even passed some rough drafts back and forth,we were not able to come to a
mutual agreement on this issue. Since you and I were not able to come to an
agreement, I feel that the involvement of the Council is needed. I hope ihe late
payment hasn't negatively impacted the City's budget.
Please keep me informed of when this issue will be scheduled on the City's
Agenda.
Sincerely,
Natalie Fitzpatrick
Enc.
o�! �
==- � - - . MEMORANDUM
..;'r':
�.r,i�., -
•'r,i;;r,:..
';:f'
?j1T :.
TO: Shei•ri Buss,TKDA; Steve Thorpe,City of Scandia
FROM: Dave Hume,LBG
CC:
DATE: March 10,2009
�: LBG Review of CITP Conditions - Bracht Sand and Gravel Mining and
Processin ,Scandia,MN
The purpose of this memorandum is to provide 1�DA and the City of Scandia with
Leggette, Brashears & Graham's (LBG) comments on the status of Brachi's submittals and
responses to the Conditions of the CUP that pertain to gxoundwater. Specitically these are
conditions 5 through I 1 found on page 3 of 4 of Resolution No. OS-20-08-01.
Condition No.
5. Condition met: The two monitoring wells have been installed as required, but the
Applicant should note LBG's February 8, 2009 review comments on the Bracht
monitoring plan, specifically those reiated to the monitoring well installation.
b. Conditio� mel provided the Applicant revises the monitoring plan and resubmits. The
Applicant should address LBG's February 8,2009 review comments.
7. Conditio�met p�•ovided the Applicant records when the production well is pumping and
submits diis information with the tri-annual monitoring data.
8. Conditio»met provided the Applicant documents when the wash plant is operating.
9. Condition not met until LBG can evaluate the recent groundwater levels from the two
monitoring wells the minimum elevation cannot be established. The only data LBG has
is a measurement collected on December 30,2008. Applicant needs to submit water level
measurement results from January and February 2009.
10. Co»dilion met: As stated in the monitocing plan, DRO will be analyzed from
groundwater samples collected during the active mining season.
11. Conditio�z met: Map was submitted in CUP Application.
S:\'CechLSca��diu A�Qregnle\Rraclu\Hracbt CUP wnditinns revic�v(March[0,2009).doc
LGGGCTTL+',BRASIiEARS& GRAHADI,INC.
��
i --- - ----------- ,
� GROUNDWATER ELEVATION
MEASUREMENTS
BRACHT PIT-SCANDIA, MN
935.00 — i
�
' 930.00 _—- _---— ----- --
, ------
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- �
925.00 �------ ---- — --
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= 920.00 ----- ----- _
-- ---
r .___ ________
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� minimum excavation elevation(918 feet amsl)
�
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� 915.00 1 minimum water elevation for calcs(915 feet amsl) —�L
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j Assumes potential 6 feet
rise in water elevation
�
910.00 -� __ _ �— - _
� � � ....�__,-�. _ _
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905.00 I — -- ---— -- �
10/29/08 12/18/08 2/6/09 3/28/09 5/17/04 7/6/09 8/25/09 10/14/09 12/3/09
Date
�—MW-1 '�—MW-2 ��'�=�-MW-3 Minimum Water Elevation ForCalcs Minimum Excavation Elevation
�