5.e) Annual Operator Permits for Mining Operations, Bracht Bros. Inc. Meeting Date: 4/21/09
Agenda Item: � ��
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve the Annual Operator's Permit (AOP) for the Bracht Bros,
Inc. sand and gravel mining and processing operation, located on 185`h
Street N.
Deadline/ Timeline: 120-day review period ends December 29, 2008. The AOP will cover
the mining season through December 31, 2009.
Background: • This and other mining operations received their first Conditional
Use Permits (CUPs) under the city's new Mining Ordinance in
May, 2008. The CUP and the ordinance require issuance of an
AOP for each operation.
• The AOP application was initially considered by the Council at the
September 16, 2008 meeting and tabled by the Council, and again
considered at the November 5 meeting. At the November 5
meeting Bracht Bros., Inc. was instructed to collect 3 water
samples for analysis.
• The water samples have been collected and LBG will be analyzing
the samples to determine the lowest elevation for excavation.
Recommendation: The Council should adopt the attached draft resolution approving the
AOP for Bracht Bros., Inc.
Attachments/ • Draft Resolution 04-21-09-01
Materials provided:
Contact(s): Sherri Buss, TKDA(651 292-4582)
Prepared by: Steve Thorp, Code Official
(Mining AOP Bracht)
Page 1 of 1
04/17/09
CITY OF SCANDIA
RESOLUTION NO. 04-21-09-01
RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF
BRACHT BROS., ING 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 185th St. N., on property 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; th�nce 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 degees 19 minutes 13 seconds West along said North
line a distance of 1809.41 feet to the point of beginning; except the West 365.00 feet of said
South half of Northwest Quarter. Subject to an easement for road purposes over the southerly
33.00 feet and to other easements of record, if any.
And that part of the Northeast Quarter of the Northwest Quarter of Section 35,Township 35,
Township 32 North, Range 20 West, Washington County, Minnesota, described as follows;
Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence
North 89 degrees 19 minutes 13 seconds East along the south line of said Northeast Quarter of
the Northwest Quarter a distance of 494.07 feet; thence North 1 degree 12 minutes 39 seconds
West a distance of 198.68 feet; thence South 89 degrees 19 minutes 13 seconds West a distance
of 494.07 feet to the west line of said Northeast Quarter of the Northwest Quarter; thence South
� Resolution No. 04-21-09-01
Page 2 of 3
1 degree 12 minutes 39 seconds East along said west line a distance of l 98.68 feet to the point of
beginning.
WHEREAS, the site has been actively mined since the 1960's, and has operated under a
previous Conditional Use Permit granted by Washington County, when the County exercised
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 ordinarices adopted by Washington County and the former New
Scandia Township and required the issuance of a new Conditional Use Permit and Annual
Operating Permits for continued operation of existing mining operations; and
WHEREAS, the City approved a Conditional Use Permit for the mining operation on
May 20, 2008; and
WHEREAS, Bracht Contracting. Inc. submitted an application for an Annual Operating
Perrnit to the City of Scandia, which was found to be complete for review on August 28, 2008;
and
WHEREAS, the Scandia City Council held a duly-noticed public hearing on September
16, 2008 and continued the hearing to November 5, 2008 to gather public input and review the
application; and
WHEREAS, the Applicant was required to install an additional monitoring well and
update the groundwater monitoring plan after installation of the well, and
WHEREAS, the new well was installed on December 18, 2008, and the well and revised
monitoring plan were reviewed by the City,
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 will be established by Leggette, Brashears
and Graham, Inc. (LBG) on behalf of the City with the three consecutive months of
water-level data collected by Bracht and evaluated by LBG.
2. Applicant shall provide the required Letter of Credit or other security to the City.
Resolution No. 04-21-09-01
Page 3 of 3
FURTHER, BE IT RESOLVED, any significant variation from these plans and
conditions of approval shall require an application to amend this Annual Operating Permit.
Adopted by the Scandia City Council this 21 St day of April, 2009.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk/Administrator