5.d) Amendment to Agreement with AECOM Technical Services, Inc. for Zavoral Mining and Reclamation Project EIS ' Meeting Date: 12/07/2010
Agenda Item: � �
�
City Council Agenda Report
Cit of Scandia
Y
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve an amendment to the consulting agreement with AECOM Technical
Services, Ina (AECOM) for preparation of the Zavoral Mining and
Reclamation Project EIS (Environmental Impact Statement.)
Deadline/ Timeline: N/A
Background: • At its November 16, 2010 meeting, the City Council postponed action on a
proposed amendment to the city's agreement with AECOM. The
amendment would add$59,331 to the project cost,bringing the total
contract to $377,725. The payment and reimbursement agreement between
the City of Scandia and Tiller Corporation requires Tiller to pay the full cost
of preparation of the EIS.
• Action was postponed so that the city could respond to comments made by
Attorney Kieran Dwyer on behalf of Take Action–Conserve our Scandia
(TA-COS). Mr. Dwyer's remarks are summarized in his letter submitted
after the Council meeting (attached.)
• The City Attorney reviewed the applicable statutes and discussed the matter
with the City Planner and Environmental Quality Board staff, and prepared
the attached letter in response.
Recommendation: Staff recommends that the Council approve the amendment, and that the City
continue with the process of developing the EIS.
Attachments/ • Letter dated November 23, 2010 from Kieran Dwyer, Dorsey&Whitney
Materials provided: LLP
• Letter dated December 2, 2010 from David Hebert, City Attorney
• Proposed Amendment No. 1
• Letter dated December 2, 2010 from Edmund Summersby
• E-mail dated December 2, 2010 from Lisa Philippi/TA-COS
• E-mail dated December 2, 2010 from Greg Korstad to David Hebert
• E-mail dated December 3, 2010 from Louie DiBerardini
• Letter dated December 3, 2010 from St. Croix River Association
• Letter dated December 3, 2010 from Tiller Corporation
Contact(s): David Hebert, City Attorney (651 464-3397
Leslie Knapp, PG—Senior Associate
AECOM (763 551-2441)
Prepared by: Anne Hurlburt, Administrator
(AECOM Contract Change Order Dec 7)
Page 1 of 1
12/03/10
� :��� ooRSE �r,N
U01':SI'.Y & \NFiITNEiY ;J.f'
KtERAN P.DYVYER
Associate
(612)492-6536
FAX(612)677-3254
dwyer.kieran�dorsey.com
November 23, 2010
Via Electronic Mail and Postal Service
Mayor Dennis Seefeldt
Council Member Connie Amos
Councii Member Pete Crum
Council Member Delores Peterson
Cfluncil Member Chris Ness
City of Scandia
14727 209th St. N.
Scandia, MN 55073
Re: Amendment to Consulting P�qreement with AECOM Technical Services, Inc. for
preparation of the Zavoral Mining and Reclamation Project Environmental Impact
Statement {"EIS")
Dear Mayor Seefeldt and Council Members:
During the recent Council meeting on November 16, I appeared on behalf of Take Action
—Conserve Our Scandia ("TA-COS")to request that you deny the proposed amendment to the
consulting agreement with AECOM Technical Services, Inc. ("AECOM")to provide additional
payments for preparation of the Zavoral Mining and Reclamation Project EIS, and also deny
Tiller Corporation's request for a conditional use permit("CUP°). As you requested, I am
submitting this written summary of my comments.
TA-COS is a group of concemed residents from Scandia and the surrounding area
opposed to the development of the gravel mine at the Zavoral property proposed by Tiller
Corporation. TA-COS believes the development of the Tiller gravel pit is incompatible with
current land use and wili have a number of significant and adverse environmental, safety, and
welfare impacts, including development incompatible with the Comprehensive Plan, hazardous
and increased traffic, damage to the scenic value of the area including the St. Croix River, and a
negative effect on the value of surrounding properties.
As a matter of law, the Council must deny the current proposed.amendment to the
consulting agreement with AECOM. Under the Minnesota Environmental Policy Act("MEPA"),
the Environmental Impact Statement must be prepared by AECOM and its adequacy
deterrnined by the Council within 280 days after notice of its preparation. Minn. Stat. § 116D.04,
subd. 2A(h). Since the revised notice of the EIS for the proposed Tiller gravel pit was published
on February 8, 2010, the 280-day period to complete the EIS expired on November 15, 2010.
Tiller Corporation has not requested an extension, and.the granting of additional time would not
be justified because, according to the City's staff, the re�son for the delay is Tiller's lack of
cooperation in providing the information necessary to c�mpete the EIS.
DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868
SUITE 1500 • 50 SOUTH SIXTH STR[CT • MINNEAPOLIS, MINNESOTA 55402-1498
IJSA CANA�A EUROPE ASIA-PACIFIC
HEBERT AND WELCH, P.A.
ATTORNEYS AT LAW
TOWN SQUARE
20 NORTH LAKE STREET, SUITE 301
FORE51`LAKE,MN 55025
Phone: (651)464-3397
Fax: (651)464-8664
DAVID K.HEBERT
MICHAELA.WELCH
November 24, 2010
Mayor and City Council
City of Scandia
14727—209th Street North
Scandia, MN 55073
Re: EIS for Zavoral Mining and Reclamation Project
Dear Sir/Madam:
At the City Council meeting held on November 16, 2010 you were presented with a proposed
amendment to the AECOM Technical Services Inc. contract with the City for the preparation of
the EIS for the proposed Zavoral mine and reclamation project.
The current contract, approved in March 2010, was entered into after the original proposal was
changed to eliminate certain operational activities on the Zavoral site.
The amendment is necessary to address additional consultant costs incurred or to be incurred by
the City in connection with the EIS preparation.
At the same Council meeting, Kieran Dwyer, an attorney representing TA-COS, appeared and
argued that the amendment should not be allowed and that Tiller's application for a CUP should
be denied on the following grounds:
1. Minnesota Statutes requires that an EIS and its adequacy be determined within 280 days
after notice of its preparation;
2. The City is required to deny Tiller's CUP application because the proposed use does not
comply with the City's current Comprehensive Plan; and
3. A CUP must be approved or denied within 60 days of submission of an application.
This letter addresses each of the issues raised by Mr. Dwyer on November 16.
EIS Time Limits
Minnesota Statutes §116D.04 Subd. 2a(h) does state that an environmental impact statement
shall be prepared and its adequacy determined within 280 days after notice of its preparation is
filed unless the time is extended by consent of the parties or by the governor for good cause.
1
Based on my review of the applicable statutes, discussions with the City Planner and EQB staff,
and the entire factual and procedural history of this matter, it is my opinion that the amendment
to the AECOM agreement should be approved. The City should carefully proceed to a
conclusion of the EIS, following all applicable statutes and rules, in order to furnish the Council
with all of the facts necessary to fully inform it in making its decision on the granting of the
CUP. Making a decision based on the results of the study is much to be preferred to short
circuiting the process and leaving the City open to a variety of legal claims.
Sincerely yours,
HEBERT AND WELCH, P. A.
David K. Hebert
DKH:Ip
Enclosures
3
ZAVORAL MINING AND RECLAMATION PLAN EfS
CONTRACT MODIFICATION
November 10,2010
The following describes and quantifies the requested contract modification. In summary,the request is
related to:
• Extended project life
• Project inefficiencies and related meetings due to multiple starts and stops
• Additional wetland support to address and attend Technical Evaluation Panel review of
delineation of seep wetland conducted by Tiller's consultant
� Extensive coordination and modification of the pump test conducted to assess potential impacts
of Tiller's proposed water use.
The request is broken down by task and then totaled.
1. Task 1 Project Management
Due to Extended Contract life �
Anticipate approximately 6 months in additional time for project management originally based on
approximately 10-12 months and related contract modifications. Also reflects inefficiencies due to
multiple starts and stops on project work.
Estimated at Completion: $ 26,700
Budget: 20 700
Task Modification Increase: $6,000
2. Task 2lnternal and External Communications
Due to Multiple Project Starts and Stops
Ongoing generation of data needs lists and holding multiple meetings to obtain data.Also reflects
inefficiencies due to multiple starts and stops on project work.
Estimate at Completion: $66,142
Budget: 58 142
Task Modification Increase: $8,000
The DNR also suggested that the pumps be pulled from welis that were planned as monitoring points
and that tests be conducted on the wells to ensure that they were in good hydrologic connection with
the aquifers and not plugged. These tests were conducted and resulted in additional time and drilling
subcontractor costs due to multiple mobilizations to pull and restore pumps in wells.
� Citizen and PAC input
AECOM and City staff also held discussions with local citizens and received input from the PAC
developed for the project. As a result the pump test timeframe was extended(ran for 4 hours, which
was determined to be sufficient for analyzing potential impacts). This included pre-and post-
monitoring of all monitoring sites that amounted to several days of additional work. AECOM also met
with local citizens, reviewed their suggested monitoring sites,evaluated them for applicability, and
gained access to the sites that were determined to be suitable monitoring sites.
The purpose of this monitoring was to verify if pumping had any detectable effect on water levels in the
nearby creeks,wells,and other monitored surface water features. The following additional sites were
monitored:
• Zavoral Creek close to the Crystal Springs,about 1,100 feet northwest of the 2avoral
Creek's culvert.
� Unnamed creek—next creek south of Zavoral Creek,about 500 feet south of the
Zavoral Creek's culvert.
• Unnamed creek at the north end of culvert below Quint Avenue North,west of
railroad tracks,short distance down-gradient from spring box,about 2,800 feet
south of the Zavoral Creek's culvert.
• Water discharge point.
• Water discharge basin.
After measuring the depth of and testing the Trails End Well,AECOM determined that it may not
intercept the targeted aquifer. As a result,AECOM, in agreement with City staff and Tiller,added the
Magnuson well that intercepted the targeted aquifer to the monitoring network,and obtained an access
agreement.
AECOM also worked with the Watershed District and they installed monitoring equipment at this
location that was used during the pump test and can be left in place as a long term monitoring point.
The level of effort for this task was in a state of continuous modi�cation to provide a product that was
most acceptable to all involved parties.The scope was expanded, resulting in the following:
Actual Cost to date: $53,718
Estimated at Completion: 60 000
Budget: $17,449
Task Modification Increase: $42,551
Tota! Requested Contract Modification Increase: $59,331
Anne Hurlburt
From: lisa.philippi@wellsfargo.com
Sent: Thursday, December 02, 2010 10:55 AM
To: a.hurlburt@ci.scandia.mn.us
Cc: ketuenge@frontiernet.net; Ic1333@frontiernet.net; aldenecke@msn.com
Subject: FW: IMPORTANT -CALL TO ACTION -from Take Action-Conserve Our Scandia
Anne,
Here is some information that has been send to all the TA-COS members and friends. Please read carefully. We have
also forwarded this to all the City Council members. Chris Ness suggested that you might want to put this in their packets
before the 12/7/10 meeting. I am not sure if they all got this e-mail.
TA-COS feels very strongly that the City of Roseville has set a precedence. They were able to vote down the asphalt plant
even though the CUP application was applied for prior to the Zoning ordinance being changed. This is very similar to our
situation as our Zoning Ordinance no longer allows for mining.
Thanks,
Lisa Philippi
�pi,Lisa
�sday,December Ol,2010 1:45 PM
IMPORTANT-CALL TO ACTION-from Take Action-Conserve Our Scandia
Friends,
CALL TO ACTION
Please contact Scandia's Mayor and city council representatives this week and attend the Tuesday, December 7
meeting of the Scandia City Council at 6 p.m., Scandia Community Center.
SUMMARY
Join TA-COS in asking that the City of Scandia applv the rules of the current zoning ordinance and
Comprehensive Plan in consideration of the proposed Tiller-Zavoral mine. The City's current zoning ordinance
does not allow �ravel mining in the location proposed by Tiller.
TA-COS attorney Kieran Dwyer will be present at the December 7 Scandia City Council to provide legal
precedent for:
1) denying the current proposal to extend the time allowed for preparation of the Environmental Impact
Statement (EIS) on the proposed mine,
2) halting the EIS process,
3) denying Tiller's application for a conditional use permit based on the City of Scandia's current Zoning
Ordinance,passed into law on November 3, 2010.
Citizens who support this position are encouraged to contact the Mayor and city councilpersons to request their
support of this action.
IMPORTANT NEWS
TA-COS attorneys at the law firm Dorsey& Whitney LLP have identified Minnesota law that supports denying
the Conditional Use Permit for the proposed Tiller-Zavoral mine based on its non-compliance with the City's
current Zoning Ordinance (passed November 3, 2010) and its current Comprehensive Plan. Contrarv to the view
held by Tiller and the Citv, Minnesota law, as established by the Minnesota Supreme Court, demonstrates that
1
Anne Huriburt
From: Dave Hebert [dave@hebertwelchlaw.com]
Sent: Thursday, December 02, 2010 3:17 PM
To: 'Anne Hurlburt'; 'Sherri A. Buss'
Subject: FW: Scandia Tiller Zavoral application
fyi
From: Korstad, Gregory E. ,[mailto:gkorstadCa�larkinhoffman.coml
Sent: Thursday, December 02, 2010 3:13 PM
To: 'dave@hebertwelchlaw.com'
Cc: 'Mike Caron'
Subject: Scandia Tiller Zavoral application
Dave;
I have done a little research on the issue of the City's decision to review Tiller Corporations application under
the regulatory framework in existence at the time of its application. You will recall this issue has been raised at
least twice before and we have previously discussed this point. The law hasn't changed:
Simply stated, a city has authority and broad discretion to consider CUP applications pursuant to the land use
controls existing at the time of the CUP application. Eagle Lake of Becker County Lake Assoc. v. Becker
County Bd. of Comm'rs, 738 N.W.2d 788 (Minn. App. 2007). A city's decision to establish a policy to review
CUP applications under the land use controls existing at the time the applications were made is a legislative-
type determination that is generally committed to the city's discretion. Id. at 794. Even if a landowner does not
have vested rights to the use contemplated by the pending application, and even if the government would not be
equitably estopped from enforcing the amended ordinance against the landowner, a city may still decide within
its discretion to apply the repealed ordinance to the application. Id.
This approach has been justified by courts on a rationale that application of the ordinance pending at the time of
the application allows landowners to proceed under the known law and not have to omnisciently predict
changes in the ordinance. See, e.g., Save Lantern Bay v. Cass County Planning Comm'n, 683 N.W.2d 862, 864
(Minn. App. 2004
Please let me know if you have any questions on this as we are a substantial way through the EIS process in
reliance on the City's previous determination on this point.
Greg
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1
' Sto Cro� �1������r
� � � � � � 1 � � � � � � Ad>>ocnfing for conservatiort tln�oughoa,rt the ia�atershec�
December 3, 2010
RECEiVED�
To the Mayor and City Council �E� _� ����
City of Scandia, Minnesota
CITY OF SCANDIA
The TA-COS group has brought forward the following provision o aw:
An environmenta.l impact statement shall be prepared and its
adequacy determined within 280 days after notice of its
preparation unless the ti�ne �s extended by consent of the
parties or by the governor for good cause.
Emphasis added.
The 280 days has already gone by. If the time is not extended, then there is
no adequate EIS, and therefore the conditional permit application cannot be
approved, and is dead. A new application would have to be considered under
the new city zoning ordinance, which would not allow the project.
Extension of the time deadline requires the consent of the parties. The parties
are mining company Tiller, t11e City, and abjecting citizens organized as TA-
COS. A decision to extend must be based on "good cause". The history of
this project makes it a real stretch to fmd good cause.
First, after Dr. Zavoral bought the property, a number of years went by with
the mining operation shut down and its owner under orders by the county to
undertake restoration. He never did this.
Second, when Ti11er's application came �n to sta.rt a new mining operation at
the site, the city's decision that there would be no future mining there, had
cleared all but final techn�cal hurdles on its way to becoming law. Tiller
crawled in just under the ware. Til�er, and the landowner, pushed ahead with
PO Box 655 s St. Croix Falls,WI 54024• (715)483-3300
www.stcroixriverassociation.org
�� Tiller Corporatian
mrd its oyemting divisions
T I L L E R Barton Sand&Gravel Co.
C O R P O R A T I O N' Commercial Asphalt Co.
Bartan Enterprises,Inc.
Corporate Office: General: (763)425-4191
P.O.Box 1480 Facsimile: (763)425-7153
7200 Hemlocic lane,Suite 2i)0 Web: www.tillercorp.mm
Maple Grove,Mnutesota 55311-6840
December 3,2010
Mayor Dennis Seefeldt
Council Member Connie Amos
Council Mernber Pete Crum
Council Member Delores Peterson
Council Member Chris Ness
14727 209th St. N.
Scandia, MN 55073
Re: Zavoral Mining and Reclamation Project
Dear Mayor Seefeldt and Council Members:
This letter responds to various issues raised by the Ta-cos opposition group and others
attempting to sidetrack the City's consideration of Tiller Corporation's("Tiller")application
for a conditional use permit("CUP")in connection with proposed gravel mining and
reclamation (the "Project")to be conducted at the Zavoral family's property. Tiller's
application was submitted in the autumn of 2008,when the City's comprehensive guide plan
and its zoning ordinance peimitted the mining use as currently proposed as well as more
intense processing activities.
Proactive Environmental Review
Tiller has conducted a strongly proactive approach to the consideration of its application,
performing numerous studies and evaluations of an extensive list if items not ordinarily
associated with the use of gravel mining facilities of this size. The result is that the proposed
project and the Zavoral site are undergoing one of the most strenuous environmental reviews
conducted for a simple gravel mining facility in Minnesota.
During the two years since it submitted its CUP request, the Project has undergone extensive
evaluation,beginning with an Environmental Assessment Worksheet("EAW")that was
completed in December 2008. In March 2009, the City Council found that an environxnental
impact statement("EIS") is required. The City then held a public meeting to"scope"the EIS
and, in April 2009, the City approved a final Scoping Decision Document. As part of the
information gathering process related to the environmental review Tiller and its consultants
have obtained studies and evaluations and supplied information relating to traffic,noise,
�
December 3,2010 ,r
Page 3 of 3
considerations we have made in the environmental review process. First, as contemplated by
the EQB Rules,Tiller has agreed to the schedule established by the City's consultants for
preparation of the EIS. Secondly,it is Tiller which has the greatest sta.ke in complerion of
the EIS as without it the Project can not be authorized.
Conclusion
The City made a decision and should abide by it to continue to consider Tiller's request
under the law as it existed when Tiller applied. First, Tiller submitted its application to the
City several months before the New Plan was adopted and two years before the zoning
ordinance was amended. Second,Tiller has expended considerable funds in advancing its
applica.tion. After adopting the New Plan in March 2009,the City has never suggested that
the application should terminate because of the New Plan. Instead,throughout the rnonths
since March 2009,the City has moved Tiller's CUP application forward,requesting thorough
and expensive environmental review. Tiller has spent considerable amounts in reliance on
the City's processing of the application pursuant to the laws effecrive in 2008. Applying the
arnended laws to Tiller's application,which was delayed only to complete environmental
review as required by law,would not advance any legitimate public interest.
In conclusion,both Tiiler's position and the public interest mandate that the City exercise its
discretion to review Tiller's application under the regulations existing at the time that the
application was submitted.
Respectfully,
Tiller Corporation
'��'��'
Michael Caron
Director of Land Use Affairs
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1:7C)�:51;Y 1;, �N��I'1'h��`( I..L.F'
KIERAN P.DWYER
Assocfate
(612)492-6536
FAX(612)677-3254
dwyer.kferan�dorsey.com '
i
�ecemberc, 20�o RECEIVED
DEG -6 201Q �
Mayor Dennis Seefeldt ,G3 �'.- ��,�
Council Member Connie Amos
Councii Member Pete Crum CITY OF SCANDIA
Council Member Delores Peterson
Council Member Chris Ness
City of Scandia
14727 209th St. N.
Scandia, MN 55073
Re: Zoning Ordinance Governing the Zavoral Mining and Reclamation Project
Dear May�r Seefeldt and Council Members:
As you are aware, I represent Take Action—Conserve Our Scandia ("TA-COS") in
regard to Tiller Corporation's application for the Zavoral Mining and Reclamation Project. In
addition to the issues which I have previously addressed in my letter dated November 23, 2010,
I direct the Council to Scandia's Zoning Ordinance currently in effect which prohibits the
development of a mine on the Zavoral prope�ty. Accordingly, Tiller Corporation's application for
a permit to develop the mine should be denied.
Mining is a prohibited land use on the Zavoral property. The Scandia Development
Code, Chapter 2 -Zoning (Ordinance 122) designates the Zavoral property as "Agricultural
Core,"for which the approved land uses include agricultural and residential uses. See
Development Code, Chapter 2, Section 2.4. The Ordinance does not specify mining as an
approved use on property designated as agricultural core, and therefore the Ordinance
specifically prohibits it. Develvpment Code, Chapter 2, Section 1.3 ("Whenever in any zoning
district a use is not specifically allowed as a permitted, accessory, conditional, or interim use,
nor is such use aUowed by administrative permit, the use shall be considered prohibited.").
Minnesota law gives the City of Scandia the clear authority to deny Tiller Corporation's
application on the basis of the zoning ordinance presently in force, regardless of the zoning
• ordinance that was in effect at the time the application was submitted. This issue has been
addressed numerous times in Minnesota, and the courts have repeatedly approved a city's
authority to deny a permit application on the basis of an ordinance enacted after the submission
of the application.
In Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976), the Minnesota Supreme
Court stated "The rule followed in most jurisdictions permits the retroactive application of a
zoning regulation to deny a building permit for which application was made prior to the effective
date of the new ordinance." The Court then applied this rule and upheld the town's denial of a
DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868
SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498
USA CANA�A EUROPE A61A-PACIFIC
RECEIVED
QEG -� 201Q
Mayor Seefeldt and City Council members of Scandia MN, Dec 1, 2010
CiTY OF SCANDIA
We urge the City of Scandia to deny the Conditional Use Permit for the proposed Tiller-
Zavoral mine based on its non-compliance with the City of Scandia's current Zoning
Ordinance and its current Comprehensive Plan. A gravel mine in the location proposed
by Tiller is against the law, based on the City of Scandia's current Zoning Ordinance.
The Wild and Scenic St. Croix River is a unique and precious asset to the communities of
Scandia and Marine.
We believe the proposed gravel mine would be detrime�tal to the rural and scenic
character of Scandia and Marine due to the high volume of 18 wheeled truck traffic (one
entering and one leaving Hwys 97 & 95 every 1.3 minutes during peak operation)and the
noise of the heavy equipment that would be heard up and down the river valley for miles.
This would truly be disruptive to camping, fishing,hunting and boating along this stretch
of the Wild and Scenic St. Croix River. Loca1 businesses will suffer when people say
away.
Pollution to the St. Croix River would be inevitable. That many trucks and pieces of
equipment dripping oil, hydraulic fluid,antifreeze etc. so close to the river will eventually
contaminate the ground water and runoff into the river.
Respectfully, '�
r
:�,�;� �`�--��"��
�--� � �� ��J ��%�"
r��� �
Larry and Mary Whitaker
625 Pine Cone Trail
Marine
RECEIVED
Fiudy and Caroi Sundberg D�C -� 2010
217�5 Quarry Ave N
SC�Y1C�11, MN rJrJO73 CITY OF SCANDIA
i--'Mayor Dennis Seefeldt
Councilman Connie Amos
Counci(man Pete Crum
Councilman Delores Peterson
Counciman Chris Ness
City of Scandia
1 A�727 209th St. fV
Scandia, NIN 55073
December 1, 2010
Re: �avoral Gravel Pit
(t is our understanding the AECOM requested an extension of the contract
with the city because they have not received sufficient information from the
Tiller Corporation to complete the Environmental Impact Study. lnasmuch
as the c6ty and #he firm that is doing the EIS have received no information
since July 2010 from Tilfer, this request shouid be denied.
It seems to us fihat if the delays in completing this document are due to a
lack of time(y cooperation by Tiller, there is no reason for an extension.
They should be required to re-submit the application under the current
comprehensive plan.
Thank you.
Sincerety, ,,
�,,,,�,� �.�.----��-��s�
�>«�� �.-�-_-�-
�udy and �arol Sundberg
Anne Hurlburt
From: dbuck39714@aol.com
Sent: Tuesday, December 07, 2010 11:32 AM
To: a.hurlburt@ci.scandia.mn.us
Subject: Deny Tiller's extension
Dear. Ms. Hurlburt,
We are writing to firmly request that you to deny Tiller Corporation's application to extend the timeline to
prepare the Environmental Impact Statement.
Tiller Corp. agreed to the schedule and has been given ample time to complete the EIS. By not completing the
EIS on the agreed schedule, Tiller has jeopardized its privilege to work with the City of Scandia and its
residents. The company and its representatives have been given abundant notification. Now it's time for
Scandia to act and not procrastinate; this is just another delay tactic by Tiller.
Thank you for your commitment to ensure Scandia remains and develops in to the community both residents
and visitors admire.
Respectfully,
Carla and David Buck
Scandia Trail North
Scandia, MN
i
December 7, Zolo RECEIVED
Mayor Dennis Seefeldt (��G �7 Za��
Council Member Connie Amos
Council Member Pete Crum CITY OF SCANDIA
Council Member Delores Peterson
Council Member Chris Ness
Re: Tiller/Zavoral Mining EIS Proposed Amendment
Dear Mayor Seefeldt and Council Members:
I am unable to attend tonight's City Council meeting where you will consider an
Amendment to the Consulting Agreement with AECOM Technical Services, for the
Tiller/Zavoral Mining Application Environmental Impact Statement.
I urge you to vote NO on the proposal to amend or extend the agreement relative to the
EIS required for Zavoral Mining and Reclamation Project Conditional Use Permit
application.
The application to mine gravel on the site is counter to the vision of the community as
recognized in the new Comprehensive Plan. The City Council should own that vision. It
doesn't matter that the application was made before the new zoning took effect. Your
decision on the application to amend the EIS or grant a Conditional Use Permit is
discretionary; you are not under any legal obligation to amend the EIS or grant a CUP.
Please uphold the City's vision and deny the proposed amendment and deny the CUP.
Other issues notwithstanding, e.g.: Tiller/Zavoral not been proceeding in a timely fashion
with this application; past performance record of Tiller and Zavoaral not meeting
contractual obligations to restore sites, etc; noise from mining operations polluting the
Wild and Scenic River corridor and St. Croix Scenic Byway—and Scandia; the noise,
dust, road wear and potential danger of additional truck traffic in Scandia; the fall in
adjacent property values based on mining operations; etc,
- it is at your discretion whether to amend the EIS agreement or grant a CUP—or
follow the City's agreed upon vision codified in Comprehensive Plan.
I urge you to vote NO on the AECOM Technical Services amendment under
consideration tonight.
Thank You
Gregory Page
17001 Quarry Road