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9.c)2) Operating Permit for Tiller Corporation Meeting Date: 03/16/2010 Agenda Item: n � 1 � / ) 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 Tiller Corporation sand and gravel mining operation located at 22303 Manning 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 Tiller application includes the adjacent site formerly operated by Dresel Contracting, Inc. on 218`" Street, west of Lofton, Avenue. The AOP must also comply with the CUP issued for the former Dresel site. • 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-OS Approving AOP for Tiller Corp. Materials provided: • TKDA memorandum, with attachments Contact(s): Sherri Buss, TKDA (651 292-4582) Prepared by: Anne Hurlburt, Administrator (Tiller Mining AOP) Page 1 of 1 03/12/10 CITY OF SCANDIA RESOLUTION NO. 03-16-10-OS RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF TILLER CORPORATION FOR SAND AND GRAVEL MINING AND PROCESSING WHEREAS, Tiller Corporation operates a sand and gravel mining and processing operation and asphalt hot-mix plant located on approximately 435 acres at 22303 Manning Avenue North, on property legally described as: The Southeast '/4 of Section 7, in Township 32 North,of Range 20 West; and that part of the Southwest '/4 of the Southwest '/4 of Section 8, in Township 32 North, of Range 20 West, described as follows: Commencing at a point in the North line of said Southwest'/<of the Southwest '/<of said Section 8, 22 rods East of the Northwest corner thereof,thence West along said North line to the Northwest corner of said Southwest'/4 of the Southwest'/4,thence South along the West line of said Southwest'/<of Southwest'/<to the Southwest corner thereof,thence East along the South line of said Southwest'/4 of the Southwest'/<a distance of 42 rods to a point,thence Northwesterly in a straight line to the point of beginning;and also a strip of land 2 rods wide on the North side of said Southwest'/4 of the Southwest'/4,commencing 22 rods East of the Northwest corner thereof and extending to the Northeast corner thereof. That part of the South Half of the Northeast Quarter of Section 7,Township 32 North, Range 20 West, Washington County, Minnesota,described as follows: Commencing at the Northwest corner of said South Half;thence Easterly along the North line of said South Half a distance of 1223.40 feet to the point of beginning;thence Southerly,parallel with the West line of said South Half,a distance of 1319.60 feet to the South line of said South Half; thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of said South Half;thence Northerly along the East line of said South Half a distance of 1317.76 feet to the Northeast corner of said South Half;thence Westerly along the North Line of said South Half a distance of 1422.96 feet to the point of beginning. Subject to 228'"Street North along North line. That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast Quarter of the Southwest Quarter of Section 7,Township 32, Range 20, Washington County, Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in Book 312 of Deeds on pages 19 and 20. Subject to County Road 15A. Subject to easements of record. The North One-Half of the Southwest Quarter (N '/2 of SW '/4) and the Southeast Quarter of the Northwest Quarter(SE `/4 of NW '/4) all in Section 8, Township 32, Range 20. Resolution No.: 03-16-10-OS Page 2 of 4 Except: All that part of the Northeast Quarter of the Southwest Quarter(NE '/4 of SW '/4)of Section 8,Township 32,Range 20, Washington County,Minnesota lying East of the centerline of County State Aid Highway No. 1 (Lofton Avenue). That part of the Southeast Quarter of the Southwest Quarter(SE '/o of SW '/4) of Section 8, Township 32, Range 20 lying West of the public highway as the same now runs over and across said tract, except the North 2 rods thereof; and that part of the Southwest Quarter of the Southwest Quarter(SW '/4 of SW '/4) of Section 8, Township 32, Range 20 described as follows, to wit: Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest Quarter (SW '/4 of SW '/o);thence Southeasterly in a straight line to a point 42 rods East of the Southwest corner of said Southwest Quarter of Southwest Quarter(SW'/4 of SW'/<);thence East to the Southeast corner of said Southwest Quarter of Southwest Quarter(SW'/4 of SW '/4),thence North to the Northeast corner of said Southwest Quarter of Southwest Quarter(SW '/4 of SW '/<),thence West to the point of beginning,except the North 2 rods thereof,said tract. Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32, Range 20, Washington County, Minnesota, lying Westerly of the center line of County State Aid Highway No. 1,as the same is now laid out and traveled,said center line is described as follows; Beginning at a point on the South line thereof distant 3730 feet Westerly of the Southeast corner thereof(for the purposes of this description,the South line of said Southeast Quarter of the Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West);thence Northerly along a curve concave to the West,having a radius of 2864.81 feet and a central angle of 7 degrees 12 minutes 48 seconds,a distance of 360.67 feet,the chord of said curve bears North 14 degrees 39 minutes 10 seconds West;thence North ]8 degrees 15 minutes 34 seconds West, tangent to said curve,a distance of 282.59 feet;thence Northerly along a tangential curve,concave to the East,having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds,a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest Quarter,and there terminating. And lying Easterly of the following described line: Commencing at the Southwest corner of said Section 8;thence Easterly along the South line of said Section 8,a distance of 1714.61 feet to the point of beginning of the line to be described; thence Northeasterly,deflecting to the left 83 degrees 54 minutes 52 seconds,a distance of 623.51 feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter, and there terminating. Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32 N, Range 20 W,described as follows: Commencing at the Southwest corner of said Section 8, thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of beginning of this description;thence Northeasterly deflecting to the left 83 degrees 54 minutes 52 seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter of the Southwest Quarter of Section 8;thence Easterly a(ong said North line a distance of 757 feet, more or less,to the center line of County State Aid Highway No. 1;thence Southeasterly along said center line a distance of 305 feet,more or less,to the South line of Section 8,thence Westerly along said South line a distance of 862 feet,more or less,to the point of beginning,according to the United States Government Survey thereof and situated in Washington County, Minnesota;and Dresel Property: PID 1703220220002 Resolution No.: 03-16-10-OS Page 3 of 4 Sect-17 Twp-032 Range-020 PT N1/2-NWl/4 S17T32R20 BEING THE E 1396FT OF THE FOLL DESC PARCEL: THAT PT N1/2-NWl/4 OF S17T32R 20 LYING NLY OF THE S 66FT & LYING WLY OF THE E 768.7FT THEREOF NEW SCANDIA TWP Roth Property: PID 1703220210003 Sect-17 Twp-032 Range-020 PT NE1/4-NWl/4 173220 COM AT N1/4 COR OF SEC 17 THEN S ALONG N&Sl/4 LINE OF SD SEC A DIST OF 527.SFT TO PT OF BEG THEN CONT ON SAME LINE A DIST OF 443.SFT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF 491 FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF 443.SFT TO A PT THEN ON A DEFLECT ANG OF 90DEG. TO RT A DIST OF 491 FT TO PT OF BEG SUBJ TO EASEMENT AND THAT PTNE1/4 NWl/4 S17T32R20 DESC AS FOLL:COM AT THE Nl/4 CORNER OF SEC17 THN SLY ALG THE N-Sl/4 LINE OF SEC 17 A DIST 971 FT TO THE PT OF BEG THN WLY DEFLECT 90DEG TO THE RT A DIST OF 491 FT THN/NLY DEFLECT 90DEG TO THE RT A DIST 443.SSFT THN ELY DEFLECT 90DEG TO THE RT A DIST OF 76FT THN NLY DEFLECT 90DEG TO THE LEFT A DIST 548FT M/L TO THE N LINE OF SEC17 THN WLY ALG THE N LINE OF SEC17 A D1ST 355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NE1/4 NW1/4 THNC SLY ALG SD W LINE A DIST 1254FT M/L TO THE N LINE OF THE S 66FT OF SD1/4-1/4 THN ELY ALG SD N LINE A DIST OF 770FT M/L TO THE N-Sl/4 LINE OF SEC 17 THN NLY ALG SD N- Sl/4 LINE A DIST OF 283FT M/L TO THE PT OF BEG-SUBJ TO CSAH#1 ALG THE MOST ELY L1NE SUBJ TO& INCLUDING ANY VALID EASEMENTS RESTRICTIONS& RESERVATIONS NEW SCANDIA TWP(RESTRICTION:WRITTEN APPROVAL FROM NEW SCANDIA TWP IS REQUIRED BEFORE EITHER OF THE TWO(2)PARCELS OF LAND DESCRIBED HEREIN MAY BE CONVEYED SEPARATELY WHEREAS, the site has been actively mined since 1966, and has operated under a previous Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities include the mining and processing of aggregate, the production of hot-mix asphalt, and the recycling of concrete and asphalt products; and WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this mining facility in 1987, and a second EAW was completed in 1999 for a proposed expansion of the facility; and WHEREAS, the scope of operations and mining limits proposed in the current permit application to the City are consistent with the scope of the operations and mining limits reviewed in the 1999 EAW, WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as "the ordinance") replaced the requirements of the ordinances adopted by Washington County and the former New Scandia Township and required the issuance of a new Conditional Use Permit and Annual Operating Permits for continued operation of existing mining operations; and WHEREAS, the City approved a Conditional Use Permit for the mining and processing operations on May 20, 2008; and Resolution No.: 03-16-10-OS Page 4 of 4 WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on February 8, 2010; and WHEREAS, the Scandia City Council reviewed the application; at its regular 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 Applicant should provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non-pumping conditions during monitoring periods. 2. The Applicant shall provide the required Letter of Credit (LOC) or other security to the City. The applicant shall provide either a replacement LOC for the Dresel site, or a new LOC covering both sites. 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 TKDA ,����5�����e,�o Saint Paul,MN 55101 (651)292-440U Tha right tirne.The rigbt people,The right mupaTMp (651)292-0083 Fax MMVW.b(d2.COffl MEMORANDUM To: City Council Reference: Tiller Corporation -Annual Anne Hurlburt,City Administrator Operating Pexmit Application for a Copies To: Mike Caron,Tiller Corporation Mining and Processing Operation Kirsten Pauly, Sunde Engineering City of Scandia, Minnesota From: Sherri Buss, R.L.A. Proj. No.: 14561.002 Date: March 8, 2010 Routing: SUIiJECT: Ti11er Corporation, Inc. -Annual Operating Permit(AOP)Application for a Mining and Processing Operation MEETING DATE: March 16, 2010 LOCATION: Sections 7 and 8,Township 32 North,Range 20 West; all that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove,Minnesota SS311 120-DAY PERIOD: June 8, 2010 ZONING: Agricultural District TTEMS IZEVIEW�D: Application, Plans and Related Submittals BRIEF DESCRiPTION OF THE REQIJEST: The Application is for an Annual Operating Permit(AOP) for an existing sand and gravei miiung opei�ation located on Manning Avenue near 225th Street in 5candia. The site has been actively mined since 1966, and currently operates under a Conditional Use Permit(CUP)granted by the City on May 20,2008. The site previously operated under a CUP issued by Washington County when the County exercised land use authority within New Scandia Township. Pei�nitted activities included the mining and processing of aggregate,the�roduction of hot-mix asphalt, and the recycling of concrete and asphait products. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 30 each year, so that permits can be approved before the start of the mining season in that year. An Employee Owned Company Promoting A�rmative Act'wn and Equal Opportunily ' Sca��dia Planning Co�nmission Page 2 March 16,2010 Tiller Corporation AOP for Mining The 2010 Application includes both the Tiller site and the site that was formerly the Dresel mine site. The Dresel site was adjacent to and south of the Tiller site. Tiller purchased the Dresel site in 2009 and is operating both sites. The City issued a CUP for mining and processing at the Dresel site on May 20, 2008. As the Owner of both sites, Tiller needs to comply with the conditions of both the Tiller and Dresel CUP's. Issues and compliance with each are discussed in this report. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Pex�rnit(AOP)for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Mining and ReIated Activities Regulations. The Ordinance requires review of the following items for the AOP: 1. The operating conditions of the previous year and conditions required by the CUP's for the Tiller and Drese] sites. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. CONDITIONAL USE PERMIT REQUIREMENTS Tiller Mine Site The City of Scandia appxoved a Conditional Use Permit for sand and gravel mining and processing for Tiller Corporation on May 20, 2008. The conditions included the items noted on the table below. Tiller's performance is also indicated on the table and in the text sections that follow: Condition Deadline Specified Status in CUP 1. Com ly with CUP On oin In x•ocess-monitored by Ci staff and consultants. 2. Comply with Rules and Ongoing In process-monitored by City staff and consultants. Regulations 4. Peimits from CMSCWD None s ecified Received July 10, 2008 and on tile at the Cit . 5. Installation of three July 20, 2008 The required monitoring wells were installed in 2008. Monitoring Wells Monitoring results were provided with the AOP a lication. 6. Ground Water Monitoring July 20, 2008 The groundwater monitoring plan was approved in Plan the fall of 2008, and is on file at the Cit . 7. Excavation below water May not begin Excavation into tl�e water table began in 2009 and tabte before August 20, xnay cantinue in 2010. Water level data is collected 2008 on an oi�going basis and submitted to the City. Water level data has been submitted for this application, and LBG's review and comments are discussed in the text that follows this table. Z Scandia Planning Commission Page 3 March lb, 2010 Tiller Corporation AOP for Mining 8. Production Well Records July 20,2008 Are being kept and were provided to the City for this review. Water use at the site in 2009 was 1.038 miilion gallons. The DNR Water Appropriation Permit for the site allows up to 18 million gallons to be used each year for washing,and 2 million gallons per year for dust control (20 million gallons per year total . 9. Ground Water Analysis- None specified Samples were analyzed for DRO.No gasoline is DRO and GRO stored on site. If gasoline storage is added, GRO will be analyzed. Monitoring results were included with the application and reviewed by LBG. Discussion of monitoring and results from 2008 and 2009 are included in the text sections that follow this table. 10. Map of Index Well Sites July 20,2008 Figure 4 with sites was provided to the City on Au st 28,2Q08 11. Asphalt Plant Setback Ongoing Setback has been maintained as reyuired by the CUP, from Lake 12. Lake Depth Ongoing Application indicates that the depth of excavation will not exceed fift feet below the water table. 13. Truck Signage and July 20,2008 Washington County has posted Lofton and Manning Roadway Cleaning Avenues per County requirements. Tiller has posted signs on 218th Street per City of Scandia requirements. City staff have monitored signs and road cleanin durin 2009 and identified no issues. 14. Lofton/Highway 97 ,Tuly 20, 2008 Tiller indicates that it continues to restrict importing Intersection add-rock from Lofton Avenue during non-daylight hours. 16-19. Updated Reclamation July 20,2(308 Submitted to the City on August 28, 2008. PI�' Reclamation Plan was modified to include the Dresel site in the 2010 AOP A lication. 20. Letter of CrediUSecurity Due before AOP TilIer needs to provide a replacement LOC for the approval Dresel site, or new LOC covering both sites and both CUP's 2l. AOP Application January 30, 2010 Initially submitted on January 29, with additional Submittal material submitted and determined to be complete on Februar 8,2410. Drese!Mine Sile The Gity of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Dresel Contracting, Inc. on May 20, 2008. As Tiller Corporation now owns this site, Tiller must also comply with the conditions of the Dresel CUP. 3 Scandia Planning Commission Page 4 March 16, 2010 Tille�•Corporation AOP for Mining Condition Deadline Specified Status 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 re ulations consultants. 4. Permits from CMSCVVD None s ecified Received Jul 10, 2008 and on file at the City. 5. Installation of Monitoring Wells Jul 20,2008 Installed in Ma ,2008. 6. Revise Proposed Conditions July 20,2008 LBG recommended and the City approved that Plan Pit Elevations the minimum mining excavation at the Dresel site will be 922 feet-amsl,ensuring three feet of separation between the floor of the mine and the water table surface during high water ta.ble conditions, based on monitoring results. 7. Ground Water Monitoring Plan July 20,2008 Approved in October,2008 and on file at the Cit 8. Revise Site Plan to include July 20,2008 Provided to City on August 28,2008. Index Welis 9. Identif Bench Mark Elevation July 20,2008 Established at to of Well Casin MW-1. 10. Ground Water Analysis- DRO None spec�ed Samples will be analyzed for DRO.No gasoline and GRO is stored on site. If gasoline storage is added, GRO will be anal zed. 1 l. Signage on 218th ax►d Roadway Ongoing Signage was installed and rneets the CUP Cleanin re uuements; inspected b Cit staff. 12. Truck Cleaning Ongoing No activity on the site in 2009. 13, Delineate Narthein Wetland None specified Wetland report and delineation completed. Buffer niarked b Se tember 15,2008. 14-17. Updated Reclamation Plan July 20,2008 Reclamation Plan revised as part of cornbined Reclamation Plan subraaitted for the Tiller site with the AOP a lication. 1 S. Letter of CredidSecurity Before AOP Tiller needs to provide a replacement LOC for approval the Drese] site, or a new LOC coverin�both sites and both CUP's 19. AOP A lication Janu 30 Submitted as art of Tiller application OPERATING CONDITIONS-EVALUATION FOR THE AOP Site Operations-Backgrounr!lilformation Tl�e site includes several parcels, as indicated on the Site Plan(Figure C-1). Excavation activities are beginning to remove the material between the Tiller site and iormer Dresel Mine site; merging the two sites into one. The mining operation includes removal of overburden, excavation of sand and gravel, ciushing, washing, screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the production of hot-mix asphalt and reclaination activities. The overbw•den is removed fi•om areas to be mined, � Scandia Planning Conunission Page 5 March l b, 2010 Tiller Corporation AOP for Mining and stockpiled on the site for use in reclamation activities. The Applicant indicates that the site usually operates on a seasonal basis from mid-April to mid-November,depending on weather conditions. The Applicant indicates that there are tlu�ee phases of tnining remaining at the site. Mining will occur both above groundwater and into the groundwaier in each of these phases. The Applicant indicates that due to the variable nature of the aggregate deposit, it is necessaiy to mine above and below the groundwater concurrently in order to obtain the proper blend of aggregates. Mining into the groundwater began in 2009. This activity has been described in the previous mining plans for this site, and was evaluated in the Environmental Assessment Worksheets completed for the Tillez•site in 1987 and 1999, but was not implemented in previous mining phases. Tiller indicated that mining into the groundwater went to a depth of approximately 20 feet this year, based on the equipment used. [n the future, a dragline will be used,which will allow mining up to about 50 feet deep. This equipment is not expected to be used at the site for several more seasons. The asphalt plant at the site is equipped with a baghouse air pollutant collection device, and operates under a ' Minnesota Pollutian Control Agency(MPCA)Air Emissions Permit. Storage tanks as the site(for fuel and asphalt cement)are regulated by the MPCA. � The main access routes to and from the site are Manning Avenue(County Road 15)and Lofton Avenue (County Road 1). Both Manning and Lofton are paved. The hau]road from Manning Avenue is paved through the site to the hot-mix asphalt plant and loading area. Annual Activity The appIication generally includes the data required by the ordinance regarding annual activity on the site, as follows: The amount of material removed from the site in 2009: 260,000 Tons (by comparison, the amount of material removed in 2Q07 was 873,000 Tons) Amount of add-rock brought onto the site in 2009: �23,380 Tons Amount of recycled asphalt and concrete brought to the site in 2009: 67,500 Tons Backfilling, sloping and seeding in the western area Noted on map (Acres of reclamation not indicated) Average number of trips to and from the site each day: 230 trips Tk�e application also describes the activities proposed at the site in 2010. The types of operations in 2010 are expected to be similar to activities in previous years. Some changes that have occurred since the AOP was issued in 2008 include the following: e Frocessing was not conducted at the site in 2009. Screening is scheduled to begin at the site in late spring to early summer 2010, and full processing activity is expected to be occurring in the summer of 2010. � �xcavation into thc water table began in the fall of 2009 and is expected to continue in 2010. • The Dresel site was inactive in 2009. �xcavation has begun on the area Uetween the two sites, and the site will be merged into one site, � Scandia Planning Commission Page b March 16, 2010 Tiller Corporation AOP for Mining Groun�l Wicter Monitoring Plait and Mol�itoring Issues Tiller provided a Groundwater Nlonitoring Plan for review on August 28, 2008. LBG,the City's groundwater consultant,reviewed tl�e plan, and provided comments to the City and Tiller. Tiller revised the plan as requested. The final approved Groundwater Monitoring Plan is on file at the City. Monitoring I.ssue in 2008 LBG's review of the monitoring results submitted with the initial plan on August 28, 2008 indicated that Dzesel Range Organics(DRO's)were detected in the samples from one of the monitoring welts, at a level that requires reporting to the MPCA. The presence of DRO's at this level may indicate a spill issue. Dave Hume, LBG's hydrogeologist, contacted Tiller and the MPCA to ask if the agency had been notified by Tiller. MPCA staff and Tiller's Engineer indicated that the monitoring results had not been reported. Tiiler reported the results to the MPCA on October 20,2008. LBG recommended another round of sampling fi•om the wells as soon as possible. The additional sampling was recommended to determine whether the presence of DRO was an ongaing issue or was the result of laborafory error,background contamination, or a single event. The MPCA concwred with this approach and provided additional guidance ox1 next steps. Tiller sampled the wells again on Octaber 23 and 24, and results were provided to LBG and the City. The results indicated that no DRO's were found in the second set of samples.Dave Hume discussed tlie findings with MPCA staff,who indicated that the agency would not send a letter to Tiller regarding the DRO findings and would not require additional action. LBG Analysis and Recommendations Based on 2009 Monitoring Data LBG reviewed the data from the monitoring wells on the Tiller site, and indicated that "other tl�an the specific requests noted beiow, the recent and proposed ZOl� activities are in compliance with the City of Scandia's Ordinance No. 103 and Chapter 4 of the Development Code as it relates to mining and groundwater issues." LBG's comments and recommendations included the following: 1. Depth of Excavation. Groundwater level measurement data collected from the monitoring welts on the Tiller and former Dresel site are plotted as well hydrographs figures included in the application. Based on the water table measurements collected from these we11s, the depth of excavation should not exceed 50 feet below the water table elevation(This corresponds to an elevation of approxzmatety 865 feet amsl}. 2. YYater Quality Monitoring. Since spring of 2008 the water table aquifer has dropped approxiroately 1 foot. This decrease is not a result of mining activities, bufi due to less precipitation and recharge to the aquifer over the ]ast few years resulting in a regional lowering of the water table. Groundwater flow direction during the monitoring period is fi�om south-southeast to north-northwest and is consistent with previous data. The following data and activities need to be completed for this applicatio�a and future AOP appiications. a. The measut•ement collected on June 11, 2009 fi•oi�1 Weil PZ-5 appears to be erroneous and should be verified and corrected in the AOP Application. Tille��cor�•ected thas information in the rei�ised application subrrritted o»March 10. �/ Scandia Planning Coirunission Page 7 March 16,2010 Tiller Corporation AOP for Mining b. As cequired by the approved groundwater monitoring plan, a staff gau�;e needs to be installed in the excavated pond, surveyed, and the water level measured during the monitoring periods in the future. Tiller corrTrmed that this will be completed in the.futrire to meet the reguirements of the groz�ndwater nYoniforing plan. c. The AOP Application should reference Table 2 under the ground water monitoring item. Tiller corrected this information in the revised upplication submitted on March 10. 3. Productiorr Well Records. The Applicant should provide these records to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non-pumping conditions during monitoring periods and provide this information with the production well records. 4. Ground W4ter Analysis. DRO was not detected in any samples. Other parametets analyzed that were detected included phosphorus, nitrogen (ammonia), and total suspended solids. Nitrogen levels are below MDH health risk limits,and no levels have been established for phosphorus and TSS. It appears that the results in Table 2 are switched for Wells MW-1 and MW-2. The applicant should correct this information. Tiller corrected this information in the revised application submitted on March 10, 2010. Setbacks The application indicates that the mining operation maintains setbacks as follows: • 50 feet f�om the adjoining property line • 200 feet from an existing occupied structui•e • 100 feet from residential property boundaries of 5 acres or less • 100 feet from any road right-of-way The setbacks were reviewed at a site visit by City staff, and found to meet the requirements of Ordinance 103. Fencing The application indicates that the majority of the site is fenced with 3-strand wire fencing,except where prohibited due to topography, heavy vegetation and wetlands. There are locking metal gates at both entrances. The fencing meets the intent of the CiTy's Ordinance. City staff reviewed the fencing during site visits in 2009,and verified that it meets the requirements of the Ordinance and CUP. Hor�rs of Oper�rtion The site is operated from 7 a.m, to 7 p.m. Monday through Friday, except holidays. The Applicant noted that extended hours were not requested in 2009. The Applicant is required to obtain the City's permission for any exteuded hours in accordance with procedures set in Ordinance No. 103. 7 Scandia Planning Commission Page 8 Marcll 16,2010 Tiller Coz•poration AOP for Mining 5cree�zing The application describes screening at the site, and notes that additional screening beim constivction and modifications to existing benns may take place in the soutl�ein setback area during 2010. The CUP did not x•equire additional screening. Dust Co�:trol The application indicates that the Applicant uses a water truck to control dust on unpaved pflrtions of the site. The CUP did not require additional dust control efforts. Noise The Applicant must comply with all Federal, State, and City noise standards. The City did not receive noise complaints regardin�this site during 2009. Dept/i of Excavation The CUP requires that the depth of excavation will not exceed fifty feet below the water table(865 feet above rnean sea level). Tilier noted that mining occurred to a depth of 20 feet into the water table in 2009. Site Clearance Site clearance occurred alang the common mining border with D�•esel Corporation in 2009,and will continue in 2010. The City's Ordinance requires that the Applicant address the disposal of stunnps,trees or other debris accumulated during clearance. The methods proposed in the application meet the requirements of the CUP. Appearance/Condifiort The City's site inspections in 2009 confirmed that the site and facilities are maintained in a neat condition. The CUP did not include conditions for improvement of the appearance or condition of the site. Sanitrtry Facilities The application indicates that site is served by sanitary facilities that meet the requireznents of the City's Ordinance and Mine Safety and Health Administration. Wirste Disposa! The application indicates that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. Site visits confumed that the Applicant is�neeting the require�nents ofthe CUP. Wnter Quality Mo►:itoring Plan Tl�e CUP required that Tiller Corporation complete a plau for grounc�water n�onitoring within 60 days of approval of the CUP (July 20,2008). The approved ground water monitoring plan is on file at the City. � Scandia Planning Commission Page 9 March 1 b, 2010 Tiller Corporation AOP for Mining Fr�e!and Cliemical Storage The application describes fuel and chemical storage at the site. The Applicant notes that these materials are stored in accord with Federal and State standards. The storage ineets the requirements of the CUP. Co�itingency Response Plan The application indicates that the site operates under a SPCC Plan, and that no changes to the plan have been made in 2009. The Applicant submitted a copy of the Contingency Response Plan that is on file at the City. Processing The application and CUP application describe the operation of permanent processing equipment on the site, and indicate that these are operated in accordance with Federal, State and City air and water quality and noise standazds.The CUP requires that the asphalt plant and related structures be set back at least 100 feet from the shore of the proposed lake on the site. The processing facilities meet the setback requirements of the CUP. Trucking Operations The application indicates that truck operations have access to County Road 15 (Manning Avenue) and County Road 1 (Lofton Avenue),which are paved roads. The City received no complaints regarding trucking operations associated with the site in 2009. Reclarnation Plan The applicant submitted a Reclamation Plan with the AOP application that combines the Tiller and Dresel site reclamation plans. The plan is consis#ent with the Reclamation Plan approved as part of the CUP. Reclamation activities in 2009 consisted of regrading and seeding an area on the western limits of mining (identified on the Site Plan). As mining progresses to the perimeter of the mining area, reclamation will continue. SITE INSPECTION City staff compteted site visits to the Tiller Corporation Mining Operation in during 2009, inciuding documenting conditions on the site in site photos. Findings fi•om the site visits are noted where appropriate in the items above. ACTTON REQUESTED: The City Council can: 1. Approve the AOP; 2. Approve tlle AOP with conditions; 3. Deny the application if it is found that ihe request is not consistent with the Comprehensive Plan, CUP, AOP Criteria, and Mining O�•dinance, and is not in the best interest of the community; 9 Scandia Planning Commission Page 10 March 16, 2010 Tiller Corporatic�n AOP for Mining � 4. Table the request. PLANNING STAFF RECOMM�NDATIONS: The Planner recommends approval of the AOP for sand and gravel miving and related processing, with the following conditions: 1. The Applicant should provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non-pumping conditions during�nonitoring periods. 2. The Applicant shall provide the required Letter of Credit (LOC) or other security to the City. The applicant shall provide either a replacement LOC for the Dresel site,or a new LOC covering both sites. ACTION REQUESTED: Staf�request that the Council review this report and approve the AOP at the rz�►eeting on March l 6. � l � January 2010 Revised March 2010 �fJ�I�1�'t�I�A►T It�11� 2010 APPLICATION FOR THE ANNUAL OPERATORS PERMIT SCANDIA, MN �` � � Consulting Ci��il Cngincers Sundc Cngineering,PLLC. 1OS30 Nesbitt Avenue South • Bloomington,Minnesota 55437-3100 Phonc:(952)581-3344 • Pax:(952)8&1-1913 • E-Mail: infoc,simdecivil.com / � January 28,2010 Revised March 10,2010 APPLICATION FOR ANNUAL 4PERATORS PERMIT TILLER CORPORATION SAND AND GRAVEL MiNING OPERATION CITY O� SCANDIA WASHINGTON COUNTY, MINNESOTA I. INTRODUCTION The following Annuai Operators Permit{AOP) application is submitted on behalf of Tiller Corporation in compliance with the City of Scandia's Ordinan�e No. 103 and Chapter 4 of the Development Code: Mining and Related Activities Regulations, Section 6, adopted by the City of Scandia on August 28, 2007. Tiller Corporation operates a gravel mining and processing operation wi#hin the City af Scandia. The site has been actively mined since at least 1966. Prior to the incorporation of Scandia in 2006, New Scandia Township and Washington County were the permitting authorities. The City of Scandia issued a Conditional Use Permit (CUP) for the site in the spring of 2008. II. ANNUAL REPORT A. Operating Conditions: The site operates in accordance with operating condit+ons regulated by Section 7 of the Scandia Ordinance 103. 1. Setbacks: No mining, stockpiling or iand disturbance activities, wi#h the exception of screening activities, are proposed to take place within the setback areas. Minimum setbacEc 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 majority of the site is fenced with 3 strand wire fencing except where prohibited due to topography, heavy vegetation and wetlands. There are locking metai gates at b�#h entrances to the site. 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 far situations such as emergencies, accelerated 1J7 l Z- January 28,2010 Revised March 10,2010 work schedules or weather delays. Extended hours we�e not requested in 2009. If operations are required beyond the 7:00 a.m. to 7:00 p.m. hours, or on Saturdays, Sundays or holidays, prior permission will be obtained from the City of Scandia in accordance with procedures set forth in Ordinance No. 103. 4. Screening: Screening berms, wooded buffer areas and agricultural fields separate the mining activity from surrounding properties. A large number of trees have been planted in the past to screen site activities. Processing and stockpiling operations are conducted in recessed port+ons of the site to minimize visibility. Additional screening berm construction and modifications to existing berms may take place in the southern setback area during 2010. 5. Dust control: A water truck is used to water unpaved portions of the site to control dust. This practice will continue throughout the 2010 mining season. 6. Noise: All activities are conducted so as to be in accordance with all Federal, State and City noise standards. 7. Depth of excavation: Depth of excavation will not exceed fifty feet below the water table. 8. Site clearance: Site clearing is expected fo accur in the old common mining border area as indicated on the site plan in 2010. Disposal of material from site clearing activity will take place in accordance with the CUP application materials. Trees, stumps, roots and other vegetative material removed during site clearance or other activities will be disposed of by logging and/or chipping. Logged material will be used for lumber or firewood. Chipped material will be used as mulch, bio-fuel at approved facilities, erosion control devices or other approved utilizations. 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 presen►e the appearance of the reclaimed areas. 10. Sanitary Facilities: The scale area is served by an individual sewage treatment system. Portable sanitary facili#ies are provided in the operating areas as required by the Mine Safety and Health Administration. 11. Waste Disposal: Waste generated from the operation is disposed of in accordance with Federal, State and City requirements. 2/7 /� January 28,2010 Revised March 10,2010 12. Water Quality Monitoring: A plan for groundwater manitoring has been developed and approved in conjunction with the monitoring wells placed in the spring of 2008 and the CUP permitting process. Grvundwater monitoring was conducted in 2009 and the results are summarized on Table 1. 13. Fuel and Chemical Storage: All fuel and chemicals stored on site are stored in accordance with Federal and State standards. On-site fuel storage consis#s of a 1,000- gallon above-ground storage tank which is located within a concrete secondary containment area and a five hundred gallon above-ground double walled tank located next#o the electricity generator. When production equipment is present, an additional 1,000-gallon double walled tank is brought to the site and used to fuel processing equipment. All asphalt cement storage tanks are above-ground.These tanks consist of two 40,000 gallon tanks and one 20,000 gallon tank. There is also a 20,000 gallon above-ground used oil storage tank. The used oil is used as an alternative fuel supply for the asphalt plant. All tanks are within the secondary containment area and are registered with MPCA's Storage Tank Program. MPCA Site ID 51999 is for the asphalt plant and MPCA Site ID 55016 is for the sand and gravel operation. Small amounts of chemicals utilized by the QM Lab are regulated by Washington County under United States Environmental Protection Agency (EPA) rules. EPA ID Number MND 981 953 417 has been issued for the site which is classified as a Very Small Quantity Generator. 14. Contingency Response Plan: The site operates under a SPCC Plan. No changes to the plan were made in 2009. The SPCC Plan was submitted to the city and the fire depa�tment as part of the CUP process. 15. Added Provisions: The operator will comply with other such reasonable requirements that the City may find necessary to adop#for the protection of health, safety and welfare and/or prevention of nuisance. 16. Processing: The site operates permanent processing equipment as defined by Ordinance No. 103 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 faciEity 3/7 I � lanuary 28,2010 Revised March 10, 2010 and setbacks per Ordinance No. 103 are mainfained between the processing equipment and the property lines. 17. Recycling: Recycling activity at the facility meets all appticable standards contained in Section 7.1 (1) of Ordinance No, 103. Recycled materials were not processed in 2009, but 12,000 tons of Recycled Asphalt Products (RAP)were used in asphal#production and 2,500 tons were sold in various aggregate products. The s#ockpile of material to be recycled does not exceed the volume of material that can be processed in two consecutive operating seasons. 18. Trucking Operations: The site has access to County Road 15 (Manning Trail) and County Road 1 {Lofton Avenue). These are paved 9 ton roads. 19. Asphalt Plants: The site operates a permanent hot-mix asphalt plant and the plant was in operation at t�e time the City adopfed its mining ordinance. Therefore the plant may expand in the future subject to the setbacks set forth in Section 7.1(1) of Ordinance No. 103. The plant operates in accordance with al1 Federal, State, and City air, water and naise quaiity standards_ The site operates under an air quality permit issued by the Minnesota Pollution Control Agency. B. Compliance with Conditions of the CUP 1. Updated Copy of Application Material: A completed bound book that includes all of the information and plans submitted ta the City during the CUP process was previously submitted and is on file at the City. 2. Watershed District Permit: A Watershed District Permit was obtained for the site and was previously submitted to the City. 3. Monitoring Wells: AI! required monitoring wells have been installed. 4. Ground Water Monitoring Plan: A monitoring plan with protocols is on �ie with the City. 5. Excavation Below Water Table: Excavation into the water began in 2009 and may continue in 2010. Wa#er level data is collected on an on-going basis and submitted annually to the City. 6. Production Well Records: Reco�ds of#he production well are kept. They will be provided to the City upon request. 4/7 f� January 28,2010 Revised March 10,2010 7. Ground Water Anafysis: Ground water samples were analyzed for DRO as indicated in the groundwater monitoring ptan. Results have been supplied to the City. Currently, no gasoline is stored on site. If gasoline is sto�ed on site in the future, GRO will also be added to the anlayte list. 8. MN County Well Index: A Figure which illustrates the site and MN County Index wells is on file at the City. 9. Setback from Proposed Lake: The asphalt plant and related structures will be setback at least 100 feet from the shore of the proposed lake. 10.Lake Depth: Excavation into the water table will not be deeper than � 50 feet into the water table. 11.Truck Hauling Signs: Washington County has posted Lofton and Manning Avenues per their requirements. Tiller has posted signs on 218�h Street per City of Scandia reyuirements. 12.LoftonlHwy 97 Intersection: Tiller Corporation restricts importing add-rock from Lofton Avenue during non daylight hours. 13.228th Street Sign: Tiiler Corporation has posted a sign at the Lofton Ave. exit that restricts tnicks from using 228th Street. 14.Reclamation and Sequencing Plan: An updated reclamation plan and sequencing plan is on file with the City. Current reclamafion progress is indicated on the Site Plan submitted with the AOP application. C. Annual Activity 1. Amount of material removed from the site:Approximately 260,000 tons of material were removed in 2009 2. Amount of add-rock brought onto the site in 2009: 123,380 tons of add- rock were imported to the site in 2009. 3. Amount of recycled asphalt brought to the site in 2009: 35,000 cy 4. Amount of recycled concrete brought to the site in 2009: 10,000 cy 5. Area reclaimed and type of reclamation in 2009: Reclamation activities in 2009 consisted of regrading and seeding an area on the western limits of mining, This area is shown on the Site Plan. 5/7 Jf � lanuary 28,2010 Revised March 10, 2010 6. Average number of trips hauling materiai to and from the site per day for the season: The average number of trucks travelling to and from the site per day in 2009 was 230. D. Description of operating conditions planned for the coming year: 1. During the 2010 mining season, the site will continue to operate as it has in the past. The mining operation includes the removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling, and recycling of concrete and asphalt products. Portable crushing and screening plants are brought to the site periodically and material is excavated, processed, and stockpiled. Hot-mix asphalt is produced and sold throughout the construction season and add rock materials are delivered to the site as needed. Processing was not conducted at the site in 2009. Screening is scheduled to begin at the site in late spring early summer 2010 and fuH processing activity in the summer of 2010. Excavation into the water table began in the � fall of 2009. 2. Site Plan: A site plan is attached which illustrates the areas planned to be mined in 2010, the stockpile and processing area, and reclaimed areas. 3. Aerial Pho#o: An aerial photo is attached which illustrates the areas planned to be mined in 2010, the stockpile and processing area and reclaimed areas. 4. Reclamation: Reciamation activities in 2009 consisted of regrading and seeding an area on the western limits of mining. This area is shown on the Site Plan. Major reclamation activities are not planned for 2010. As mining progresses to the perimeter of the mining area in the future, then reclamation consisting of sloping, backfilling and establishment of vegetation can occur. 5. Operating Conditions for 2010: Active mining will occur predominantly in the areas indicated on the si#e plan. 6/7 � 7 January 28,2010 Revised March 10, 2010 D. Inspection: The City conducts an annual inspection of the site. The last inspection occurred on October 18, 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 Date: January 28, 2010 Reg. No. 21842 7/7 / `t Table 1 Ground Water Elevations for Scandia- Pit#741 Production Wel! pZ_g To�of Casing(TOC 943.18 To of Casinc TOC 952.33 Ground- Ground- Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc) (feet) Date (ft btoc) (feet) 6-Se -06 27.31 915.87 6-Se -06 36.43 915.90 2-Ma -07 28.12 915.46 2-Ma -47 37.22 915.11 13-Jun-07 28.33 914.85 13-Jun-07 37.42 9'14.91 19-Ju1-07 28.41 914.77 19-Ju1-07 37.51 9'14.82 11-Se -07 28.58 914.60 11-Se -07 37.69 914.64 1'!-Oct-07 28.54 914.64 11-Oct-07 37.65 914.68 8-Nov-07 28.48 914.70 8-Nov-07 37.59 914.74 12-Deo-07 28.70 914.48 12-Deo-07 NM -- ' 9-Jan-08 28.88 914.30 9-Jan-08 NM -- 22-Feb-08 29.02 914.16 22-Feb-08 38.15 914.18 28-Mar-OS 29.11 914.07 28-Mar-08 38.22 914.11 6-Ma -08 28.92 914.26 8-Ma -08 38.02 914.31 14-Ma -08 28.89 914.29 1d-Ma -08 37.99 914.34 9-Jun-08 28.74 914.44 9-Jun-08 37.83 914.50 8-Juf-08 28.64 914.54 9-Ju1-08 37.75 914.58 7-Au -08 28.58 914.60 7-Au -OS 37.68 914.65 16-Se -08 28.67 914.51 16-Se -08 37.76 914.57 30-Oct-08 28.83 914.35 30-Oct-08 37.96 914.37 6- r-09 29.39 913.79 6-A r-09 38.52 913.81 18-Ma -09 29.51 913.67 18-Ma -09 38.63 913.70 11-Jun-09 29.63 913.55 11-Jun-09 38.75 913.58 6-Au -09 29.90 913.28 6-Au -09 38.94 913.39 10-Se -09 29.90 913.28 10-Se -09 39.03 913.30 21-O�t-09 30.01 913.17 21-Oct-09 39.16 913.17 5-Nov-09 30.04 913.14 5-Nov-09 39.18 913.15 PZ-4 PZ-5 Top of Casing(70C) 928.8fi Top of Casing(TOC) 985.76 Ground- Ground- Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc) (#eet) Date (ft btoc) (feet) 20-Ma -08 70.38 915.38 9-Jun-08 12.87 915.99 9-Jun-08 70.23 915.53 9�Ju1-08 12.73 916.13 9-Ju1-08 70.08 915.68 7-Au -08 12.66 916.20 7-Au -08 69.96 915.80 16-Se -08 12.80 916.06 16-Se -08 69.95 915.81 30-Oct-08 12.99 915.87 30-Oct-08 70.16 915.60 6-A r-09 13.51 915.35 6-A r-09 70.72 915.04 18-Ma -09 13.67 915.19 18-Ma -09 70.82 914.94 11-Jun-09 13.78 915.08 11-Jun-09 7�.93 914.83 6-Au -09 13.98 914.88 6-Au -09 71.06 914.7Q 10-Se -09 14.01 914.85 10-Se -09 71.21 914.55 21-Oct-09 14.i4 914.72 21-Oct-09 71.26 914.50 5-Nov-09 14.16 914.70 5-Nov-09 71.39 914.37 / / PZ-s On-Site Pond Top of Casing(TOC) 957.93 Surface Water Elev. Ground- Depth to water Water Water Elevation Elevation Date (ft btoc) (feet) Date (feet) 16-Se -08 44.65 913.28 21-Oct-09 914.30 30-Oct-08 44.80 913.13 6-A r-09 45.33 912.60 18-Ma -09 45.42 912.51 11-Jun-09 45.57 912.36 6-Au -09 45.78 912.'!5 10-Se -09 45.89 912.04 21-Oct-09 46.00 911.93 5-Nov-09 46.04 911.89 �-1 MW-2 Top of Casing(TOC) 932.58 Top of Casing(70C) 929.96 Ground- round- Depth to water Depth to water Water Elevation Water Elevation Date (ft btoc) (feet) Date (ft btoc) (feet) 14-Ma -08 1529 917.29 14-Ma -08 12.59 917.37 9-Jun-08 15.14 917.44 9-Jun-OS 12.45 917.51 9-Ju1-08 15.03 917.55 9-Ju1-08 12.35 917.61 7-Au -08 14.98 917.60 7-Au -08 12.31 917.65 16-Se -08 15.10 917.48 16-Se -08 12.42 917.54 30-Oct-08 15.27 917.31 30-Oct-08 12.59 917.37 6-A r-09 15.80 916.78 6-A r-09 13.10 916.86 18-Ma -09 15.97 916.61 18-Ma -09 13.27 916.69 11-Jun-09 16.09 976.49 11-Jun-09 13.36 916.60 6-Au -09 16.31 916.27 6-Au -09 13.fi1 916.35 10-Se -09 16.36 916.22 10-Se -09 13.65 916.31 21-Oct-09 16.50 916.08 21-Oct-09 13.79 816.17 5-Nov-09 16.51 916.07 5-Nov-09 13.82 916.14 NM=Not Measured(due to obstruciion) ft btoc=Feet Below Top Of Casing The approved groundwater monitoring plan requires reading of water levels spring summer and fali. Tiller Corporation has taken waier levels more frequentiy,bul may not continue to do so In the future, but at a minimum water leveis wiU be read spring,summer and fall. i �' TABLE 2 Water Quality Monitoring Results Potable Well 10/21/2009 units Diese!Range Organics ND mg/1 Tota!Suspended Solids 1VD mg/1 Nirtrogen,Ammonia 0.051 mg/! Phosphorous ND mg/! Produdion WeIJ 10/21/2009 units DieseJ Range Organics ND mg/1 Tota!Suspended Solids ND mg/1 Nirtrogen,Ammonia 0.053 mg/! Phosphorous ND mg/1 PZ-3 10/21/2009 units Diese!Range Organics ND mg/1 Total Suspended Solids ND mg/! Nirtrogen,Ammonra 0.18 mg/! Phosphorous 0.65 mg/! PZ-4 10/21/2(la9 units Diesel Range Organics ND mg/! Total Suspended Solids 102 mg/! Nirtroqen,Ammonia 0.048 mg/! Phosphorous ND mg/! PZ-S 10/21/2009 units Diesel Range Organics ND mg/1 Total Suspended Solids ND mg/! Nirtrogen,Ammonia 0.11 mg/! Phosphorous ND mg/1 � / PZ-6 10/21/2009 units Diesel Range Organics ND mg/1 Tota!Suspended Solids 11.3 mg/1 Nirtrogen,Ammonia 0.1 mg/! Phosphorous ND mg/1 MW-1 10/2?/2009 Diese!Range Organics ND mg/! Total Suspended Solids 2b.8 mg/! Nirtrogen,Ammonia 0.055 mg/1 Phosphorous ND mg/1 MW-2 10/21/20D9 Diese!Range Orgonics ND mg/! Total Suspended SoJlds ND mg/! Nirtrogen,Ammonia 0.048 mg/! Phosphorous ND mg/1 ' POND 10/21/2009 Diese!Range Organics ND mg/! Total Suspended Solids ND mg/! Nirtrogen,Ammonia ND mg/1 Phosphorous ND mg/1 � - E> ,t � ���iES� �._ ...__�_.� _'_" FCCINKD � � '_--_—I • I. TOP.�CROPH"IS:ROL A CI1NGIl�TON�AN M1. P�tDC($SIIJ�M[q SHO'F1V REi�[�{$ � � /'- ':�:\ I� AE�AL 5'JFNT_Y 9f WVtiiNCZ CCIIOORAMN CU?RENT CGfiDliO.�`. 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MbVNER hNT AWI�S C�I;F�ILTS WITii TNf i - ^ I 3, S=TBKKS.TTi f01.�OWI�IC l'IVINC SETWCNS �TVAi MINI�. !" _} 1 �. ��I\� �� � ...- 11\\ �\� ' �mxl�:��.',`w mc_'mo",""' wiul¢E uninuWED: �� 'F . .;\ � ����1`����� ;� ��-i �� ��,T 'e � s' ✓ �; � \` � i � - . .r'.��� • SO'fROu PROPERtt UNE �� � i .._ /: r I Y"�,\ l,��. '\\ " � • 2C0�FRCM OCCIPED SiqUtl�;RES �. - �.. i�,. -, „�� �, �{`\� �i� ;`-+ '� i�� I TILLER . �OC'fR04 M!Y�.'ON��10J3 VROVERtt . ,� 1 Il�L < �� \ �\� SUBDNIDEO IMO r7E5AQJfW.�,OTS OF FNE(5) � � � ' �> '; " ���. ' • r'� '`\.�)\���l,�i(..��`l:i, . 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'�1 : � � t" � � � a .3"u�",y�j,t,-�s'+e.t+"�j Y�',� � �,;v' � x •►'} € �' ���,�� ��b�r •i "B":� -r�t�, �� '9rF LS'� � s� a_ .i'.Y ,�.. / 1 � l • � ■ � � � � � =- - MEMORANDUM 'f,"i::t:� � �l.'"_]. :i:('"=2�, - ':if,:;�l::iv _ _ ��f,;tiY� •'C':.� TO: Sherri Buss,TI�A FROM: Dave Hume,LBG CC: DAT�: March 4,2010 LBG Review Comments 1tE: 2410 AOP Application T'rller Inc. Sand and Gravel Minin and Processin ,Scandia,MN The purpose of this memorandum is to provide TKDA and the City of Scandia with Leggette, Brashears & Graham's (LBG)comments on the above referenced Annual Operating Perrnit(AOP)application on the Tiller,Inc site. These comments pertain to the portions of the AOP application that pertain to groundwater. Other than 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 mining and groundwater issues. II.Annual Report A. Operating Conditions '7. Depth of Excavation: Well hydrographs for the monitoring wells on the Tiller and former Dresel site are sliown on the attached figure. Based on the water table measurements callected from these wells the depth of exaction should not exceed an elevation of approximately 865 feet amsl � 12. Water Quality Monitoring: Sinc;e spring of 200$ the water table aquifer has dropped approximately 1 foot. 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 measurement coltected on June 11,2009 from well PZ-5 appears to be erroneous and should be verified and corrected in the AOP Application. As required by the approved groundwater monitoring plan, a staff gauge needs to be installed in thc excavated pond, surveyed, and the water (evel measured during the nionitoring periods. Groundwater flow direction during the monitoring period is fi•om south-southeast to north-northwest and is consistent with previous data. The AOP Application sliould reference Table 2 under this item. L�GCTTTE,BRASHEARS& GRAIiAl1�1,INC. !� � , B. Compliance with Conditions of the CUl' l. Production Well Records: Please provide these to the City so the pumping records can be compared to past and future groundwater level trends at the site. If possible,measuring the water level in the production well under non-pumping conditions would also be useful during monitoring periods. 7. Ground Water Analysis: DRO was not detected in any samples. Other parameters analyzed that were detected inclucled phosphorus, nitrogen (ammonia), and total suspended solids. Nitrogen levels are below MDH health risk limits,and no levels have been established for phosphorus and TSS. It appears that the results in Table 2 are switched for wells MW-1 and MW-2. S:1TecMScandia AggregatelTiller\Tillcr AOP App rcview(March 4,2010).doc LEGCETTE,BRASHGARS& GRAHAM,INC. a � GROUND WATER ELEVATIONS TILLER CORPORATION SCANDIA, MINNESOTA 960.00 �� Erroneous Measurment 950.00 940.00 - 930.00 �J ^ � 920.00 \� R �-- - � - = 910.00 - 0 y � � � 900.00 i� 50 Feet 890.00 - Caiculated as 50 feet below November 880.00 5th,2009 PZ-4 water fevei measurement. 870.00 864.7 feet amsl 860.00 . 2/22J2008 6/1/2008 9/9/2008 12H 8/2008 3/28/2009 7/6/2009 10/14/2009 1/22/2010 Date —�PZ-4 —■—PZ-5 —�--MW-1 —�--MW 2 �-PZ-6 Minimum Allowable Lake Elevation �