9.a) Zavoral Mining and Reclamation Project / /
Meeting Date: 8/18/2009
Agenda Item: � �, �j
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City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve agreements for preparation of the Zavoral Mining and
Reclamation Project EIS (Environmental Impact Statement):
a) Consulting Agreement with EDAW, Inc./AECOM
(hereinafter referred to as AECOM) for preparation of the
EIS; and
b) Payment and Reimbursement Agreement with Tiller
Corporation for payment of costs related to preparation of the
EIS.
Deadline/ Timeline: EIS preparation will begin after execution of agreements;project
completion expected in one year.
Background: • On March 3, 2009 the City Council ordered preparation of an EIS
for this project. Following completion of the EIS scoping
process, the Council approved issuance of a request for proposals
(RFP) for consulting services for prepazation of the EIS at the
May 19, 2009 meeting. On July 21, 2009 the Council received a
report on four proposals received and directed staff to negotiate a
contract with AECOM.
• An agreement between the City of Scandia and AECOM has been
prepared for the Council's approval. Appendix A to the
agreement is the final Work Plan for the EIS preparation. It
differs from the work plan submitted with the original proposal in
order to incorporate the following changes that were discussed at
the July 21 meeting:
- An optional public involvement task (project advisory
committee support)has been incorporated in Task 2 of the
work plan.
- Task 7 (Environmental, Economic and Sociological Impacts)
was modified to include the recommendations of LBG(the
city's consultant)related to the groundwater analysis.
- The project team was revised to use the services of AECOM
staff rather than J.D. Lehr on several analysis items. This was
in response to a concern about a possible conflict of interest
with work for mining competitors of Tiller.
• Appendix B to the agreement with AECOM lists the costs and
fees. The total cost of$315,173 exceeds the original proposal of
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$264,693 primarily due to two factors. The first is addition of the
previously optional public involvement task and expanding it to
include more meetings and increased involvement by a principal
of the sub-consultant firm (Richardson and Richter). The second
is increased costs for the groundwater analysis (expanding the
aquifer pumping test from 24 to 72 hours.)
• The payment and reimbursement agreement between the City of
Scandia and Tiller Corporation will provide for Tiller to pay the
full cost of preparation of the EIS. They will be responsible for
all of the consultant contract costs as well as other city costs
(including planner, attorney, staff time and any out-of-pocket
costs) as provided by Minnesota Rules 4410.6200. The
agreement requires an immediate deposit of$150,000 with the
city, and additional incremental payments of$50,000 each if the
deposit account is drawn below $20,000.
• Both agreements were prepared with the involvement of and
review by the City Attorney and the City Planner. Tiller
Corporation was given an opportunity to review and comment
upon the consultant contract and work plan.
• Tiller has verbally indicated their approval of the payment and
reimbursement agreement. It is expected that the city may have
the executed agreement and required deposit in hand prior to the
August 18 City Council meeting.
Recommendation: I recommend that the Council approve both agreements.
Once the consultant begins work on the EIS,the next step requiring
City Council action is expected to be appointrnent of the Project
Advisory Committee. The consultant will make recommendations
for this process for consideration at a future meeting.
Attachments/ • Consulting Agreement with EDAW, Inc./AECOM
Materials provided: . Payment and Reimbursement Agreement with Tiller Corporation
ContaCt(s): Leslie Knapp, PG
Senior Associate AECOM (763 551-2441)
Prepared by: Anne Hurlburt, Administrator
(Zavoral EIS agreements)
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CONSULTING AGREEMENT
THIS AGREEMENT, effective this 19th day of August 2009, entered into by and between the City of
Scandia, Minnesota ("Client") and EDAW, Inc., an AECOM company with offices located at 161
Cheshire Lane North, Suite 500, Minneapolis, Minnesota, 55441 (hereinafter referred to as the
"Consultant"). As provided in this Agreement.
WI'TNESS THAT
WHEREAS the Client wishes to retain the Consultant to perform certain services required by the
Client or the Client's Contract with the Tiller Corporation (hereinafter referred to as the
Owner)(for the Zavoral Mine and Reclamation Project Environmental Impact Statement(EIS) for
a site located in the City of Scandia,Washington County,Minnesota project, and
WHEREAS, the Consultant is willing to undertake the performance of such services in accordance
with the terms and conditions hereinafter set forth,
NOW THEREFORE the parties hereby agree as follows:
INDEX
ARTICLE paQe
1. T'he Work................................................................................................................. 2
2. Contract Documents................................................................................................ 2
3. Contract Time.......................................................................................................... 2
4. Contract Price.......................................................................................................... 2
5. Payment Provisions................................................................................................. 3
6. Preliminary Matters.................................................................................................4
7. Availability of Lands...............................................................................................4
8. Risk Allocation........................................................................................................4
9. Consultants Responsibilities.................................................................................... 5
10. Work by Others....................................................................................................... 6
11. Client Responsibilities and Authority...................................................................... 6
12. Changes................................................................................................................... 6
13. Warranty.................................................................................................................. 7
14. Suspension and Termination ................................................................................... 7
15. Miscellaneous Provisions........................................................................................ 8
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ARTICLE 1 -THE WORK
1.1 Work to be Performed: The Consultant shall perform the services set forth in the Consultant's
Proposal as Appendix A(the Services), and such additional services as Consultant and Client may
jointly agree upon in writing ,at the project site or sites and vicinity as identified in the Consultant
ProposaUStatement of Work. The Services, including any additions and modifications, shall be
performed in accordance with this Agreement.
ARTICLE 2-CONTRACT DOCUMENTS
2.1 Documents and Precedence: The documents listed in 2.1.1 thru 2.1.3 together with any Change
Orders issued in accordance with Article 12 of this Agreement, constitute the "Contract
Documents" of this Agreement. Any preprinted terms and conditions on forms used by either
party in the administration of this Agreement are void and shall not act to supplement or replace
the terms and conditions of this Agreement as set forth in the Contract Documents For the
purposes of establishing obligations and the resolution of ambiguities in the Contract Documents,
the following order of precedence shall prevail:
2.1.1 Appendix A-Consultants Proposal/Statement of Work,dated August 4, 2009.
2.1.2 Appendix B -Cost Proposal, dated August 5,2009.
2.1.3 This Agreement
ARTICLE 3 -CONTRACT TIME
3.1 Schedule: The Consultant shall provide the Services called for by the Contract Documents
beginning not eazlier than the date of the Notice to Proceed issued by the Client. All Work shall
be fully completed no later than August 2010, unless sooner terminated or extended as provided
herein.
3.2 Delays: Consultant shall not be liable for delays or failure to perform its Services caused directly
or indirectly by circuxnstances beyond Consultant's control, including but not limited to, acts of
God, fire, flood, war, sabotage, accident, labor dispute, shortage, government action including
regulatory requirements, changed conditions, delays resulting from actions or inactions of Client,
Owner or third parties, site inaccessibility or inability of others to obtain material, labor,
equipment, or transportation. Should any of the above occur, then the date for Completion or any
other milestone date shall be adjusted for such delay in accordance with Article 12, provided the
Consultant reports the delay to the Client within a reasonable time, or the time required by the
Owner Contract, of its' discovery.
ARTICLE 4-CONTRACT PRICE
4.1 Consideration: Consultant will perform the Services in exchange for the following fee: (select
applicable basis of consideration)
_ Client will pay on a time and material basis. Consultant will invoice according to its Fee
Schedule attached to the Proposal at Appendix B.
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_ Client will pay a lump sum of$ . Consultant will invoice monthly on a
percentage completed basis.
X Client will pay on a time and material basis not to exceed the sum of $315.173.00.
Consultant will invoice according to its Fee Schedule attached as Appendix B up to the
stated limit. Upon reaching the stated limit, Consultant will work with the Client to obtain
authorization for any additional services and funding in writing.
ARTICLE 5-PAYMENT PROVISIONS
5.1 Payment: Consultant will submit invoices to Client monthly. Client recognizes that timely
payment is a material part of this Agreement. Each invoice is due and payable within thirty (30)
calendar days of the date of the invoice. Client will pay when due that portion of invoice not in
dispute. If Client fails to pay any undisputed invoiced amounts within thirty(30) calendar days of
the date of the invoice, Consultant may suspend its performance pending payment of all past due
invoices or terminate this Agreement without incurring any liability to Client therefore and without
waiving any other claim against Client. Any undisputed invoice amount not received by
Consultant within thirty calendar days of the invoice shall accrue interest due and payable at the
rate of fifteen percent (15%) compounded annually, if allowed by law, otherwise at the highest
annual interest allowed by law.
5.2 Travel: Approved travel required during the performance of this Agreement will be subject to the
terms and conditions and applicable rates as set forth in the Federal Travel Regulations and
invoiced as an additional cost.
5.3 Invoicing Instructions: T'he Consultant will submit invoices with at least the following
information: the invoice date, title of the Agreement, name and address of Consultant
representative to whom payment is to be sent, description of services performed and costs related
thereto. In addition to the aforesaid, Consultant shall provide proof of payment for its
Subconsultants or Subcontractors upon request by the Client. Furthermore, it is understood,
Consultant's payment obligations to the Subconsultants or Subcontractors shall become binding
only upon such time as Consultant receives payment in full by the Client. Invoices will be
submitted to the Client in duplicate. Invoices and payments will be addressed as follows:
Invoices to: Citv of Scandia Payments to: EDAW Inc., an AECOM company
14727 209�'Street North Dept. 9269-18
Scandia,MN 55073 Los Angeles. CA 90084-9269
Attn: Ms. Anne Hurlburt 303.595.4522
5.4 Taxes: Client agrees to pay Consultant, in addition to the Contract Price, all taxes of any type
assessed by any governmental taxing authority with respect to the Services, excepting only taxes
measured by the income of the Consultant. Client's obligation to pay taxes under this provision
includes without limitation the obligation to reimburse Consultant for taxes paid to sub-
consultants, subcontractors and other suppliers for work and materials incorporated in the
Services.
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ARTICLE 6-PRELIlI�IVARY MATTERS
6.1 Permits and Licenses: The Consultant has or will have,prior to the commencement of any work,
all necessary business and professional licenses, permits, and other necessary Federal, State,
County, Municipal, or other licenses as may be required to enable the Consultant to perform the
services required hereunder.
6.2 Agreement Administration: Consultant contacts with the Client regarding prices, terms,
financial actions, etc., shall be made with the Client's authorized Representative. All
correspondence between the Consultant and the Client shall be addressed to the Client's
designated Representative.
6.3 Communications with Owner: All of Consultant's written or oral communication with or to the
Owner, or Federal, State, or local agencies relative to work under this Agreement must be through
or with the authorization of the Client's authorized Representative.
6.4 Documents and Records: Client acknowledges that Consultants' reports, boring logs, field data,
field notes, laboratory test data, calculations, estimates and other similaz documents ("Records")
are instruments of professional service, not products. All data Consultant prepares for Client under
this Agreement shall become the property of the Client upon fmal payment for services rendered
under this Agreement. Such data and work product are intended only for use in connection with
the Project, and any reuse by the Client for any purpose other than that for which prepared shall be
at Client's sole risk(and EDAW shall have no liability whatsoever for the same).
6.5 Reuse of Project Documents: The project documents prepazed or fumished to Client by
Consultant under this Agreement may be based on information obtained from sources outside
Consultant's control. Other than the application of prudent professional care in their evaluation,
the Consultant does not warrant, expressed or implied the accuracy thereof. All documentation
furnished to the Client is intended for the benefit of the Client for the purpose stated herein and is
not intended or represented to be suited for reuse by the Client or others. Any reuse without the
specific written consent of the Consultant for the specific purposes intended will be at user's sole
risk and without liability and legal exposure to Consultant. Client agrees to indemnify and hold
Consultant hannless from any and all liabilities, losses, costs, or expenses suffered by Consultant
in connection with Client's unauthorized reuse of project documents.
ARTICLE 7-AVAILABILITY OF LANDS
7.1 Client Furnished Access to Lands: The Client will fumish access to the lands upon which the
Services are to be performed, rights-of-way for access thereto and lands designated for temporary
use. Easements, if required, will be provided by the Client. The Client will allocate the land
provided by the Client or Owner for temporary use during construction among project consultants
and contractors.
ARTICLE 8-RISK ALLOCATION
8.1 Insurance: During the period that Services are performed under this Agreement, Consultant will
maintain, the following insurance: (i) Workers' Compensation coverage in accordance with the
laws of the states having jurisdiction over its employees engaged in the Services and Employer's
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Liability Insurance (limit of$1,000,000 each occurrence.); (ii) Commercial General Liability with
a limit of $1,SOO,OOOper occurrence and a $2,000,000 aggregate; (iii) Commercial Automobile
Liability with a limit of $1,500,000 per occurrence and a $1,500,000 aggregate; and (iv)
Professional Liability coverage with a$1,SOO,OOO limit on each claim and a$1,500,000 aggregate.
8.1.1 Certificates: Prior to beginning Services, Certificates of insurance shall be fumished to
the Client evidencing that the coverage will be in effect throughout the performance of the
Services and will not be canceled ar materially changed until at least thirty (30) days
written notice has been given to the Client. The Consultant will list the Owner as
additionally insured.
8.1.2 Subtier Subconsultants: The Consultant agrees to flow down these insurance
requirements, as applicable, to all Subconsultants and Subcontractors that provide any
services or work.
8.2 Indemnity / limitation of Liability: Subject to any limitations stated in this Agreement,
Consultant will indemnify and hold harmless Client officers, directors, employees from and
against all claims and actions, including reasonable attorneys fees, arising out of damages or
injuries to persons or tangible property arising out of or caused by a negligent act, error, or
omission of Consultant or any of its agents, subconsultants, subcontractors, or employees in the
performance of Services under this Agreement. Consultant will not be responsible for any loss,
damage, or liability to the extent they arise from any contributing negligent acts by Client or
Owner, or their subcontractors, agents, staff, or consultants. Neither party will be responsible to
the other for consequential damages including, but not limited to, loss of profit, loss of investment
or business intemiption. Consultant's liability is limited to the extent claims arise out of its
negligent performance of services hereunder.
8.3 Jobsite Safety: Unless the specified Services provide otherwise, Consultant is responsible for
safety of its own employees within the work zone necessary to perform the Services. This shall
not relieve the Owner for maintaining a safe jobsite.
ARTICLE 9-CONSULTANTS RESPONSIBILITIES
9.1 Independent Status / Subcontracting: Consultant expressly agrees that it is an independent
contractor and its employees engaged in the Services are not and shall not be treated or considered
employees of the Client or Owner. It is understood that Consultant may retain subcontractors to
perform services as presented in Appendix B. Should it be determined appropriate or necessary to
rely on a subcontractor not identified in the proposal, Consultant shall obtain the written approval
from Client. Consultant retains the responsibility for the conduct of all sub-consultants and
subcontractors, and the services provided.
9.2 Proprietary Information: The Consultant shall not directly or indirectly or through its
employees disclose to any third person or use for the benefit of anyone other than the Client or
Owner, either during or after the term of this Agreement(or for the period of time stipulated in the
applicable data), any secret or proprietary information provided to the Consultant by the Client or
Owner in its possession, whether relating to the Work performed hereunder or to the business and
affairs of the Client or Owner,provided such information is clearly designated secret or proprietary
when conveyed to Consultant. Such information shall include, without limitation, Client or Owner
manuals, forms or procedures. Disclosure shall not be made without the prior written consent of
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the Client unless disclosure is required by law or if the proprietary information becomes a part of
the public domain, in which case notification of the request for such information shall be provided
to the Client and/or Owner prior to release. Information identified in writing by the Consultant as
confidential and/or proprietary shall be similarly treated by the Client.
9.3 Publications: The Consultant shall not publish or publicly disseminate any information or data
derived or obtained from or in connection with any services rendered hereunder, without the prior
written consent of the Client.
ARTICLE 10-WORK BY OTHERS
10.1 Cooperation: Consultant will cooperate with Client and Owner personnel, contractors and
Subconsultants who may be working on the site. Particular attention will be paid to such matters as
safety,and use and disruption of utilities.
ARTICLE 11 -CLIENT RESPONSIBILITIES AND AUTHORITY
11.1 Client's Representative: Client shall assign a Representative authorized to act on Client's behalf
with respect to the project. Client's authorized Representative shall render decisions in a timely
manner pertaining to Consultant's Services to avoid unreasonable delay in the orderly and
sequential progress of Consultant's Services.
11.2 Inspection: The Client, through any authorized representatives, shall have the right at all
reasonable times to inspect, or otherwise evaluate the quality or any other aspect of the Services
performed or the safety measures employed in the work being performed hereunder and the
premises in which it is being performed. If any inspection or evaluation is made by the Client on
the premises of the Consultant or a Subconsultant, the Consultant shall provide, and shall require
its Subconsultants to provide, all reasonable facilities and assistance for the safety and convenience
of the Client representatives in the performance of their duties. All inspections and evaluations
shall be performed in such a manner as will not unnecessarily delay the Services.
11.3 Audit: Upon request of the Client, the accounting records, as well as other records maintained by
the Consultant directly related to the performance of the Services specified herein, shall be subject,
at all reasonable times, to audit by an independent public accounting firm selected by the Client
and at the Client's expense. In addition, the Client may have such an audit performed at any time
within two years following the completion or termination of Services specified herein.
ARTICLE 12-CHANGES
12.1 Change Order Content: Changes in the terms of this Agreement or the Services may be
accomplished without invalidating this Agreement by Change Order, subject only to the
limitations of this Article and the requirement that the change be within the general scope of work
of this Agreement. A Change Order is an amendment to this Agreement modifying the Services
and specifying any or all or the following: (i) a change in terms and conditions or the Scope of
Services; (ii) an adjustment in the Contract Time; and (iii) the amount of the adjustment in the
Contract Price.
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12.2 Changed CondiHons: The Consultant has relied on the Client's judgment in establishing the
scope of work. In the event of changed conditions, Client agrees to negotiate appropriate Change
Orders to equitably adjust the price and/or schedule accordingly. Reduction of the Scope of
Services by Change Order shall not be the basis of a claim by the Consultant based on loss of
anticipated profits from Services not accomplished.
12.3 Issuance of Change Orders: Consultant will treat as a Change Order any written order(including
directions, instructions, interpretations, or determinations) from Client which request changes in
the Services. Consultant will give Client written notice within a reasonable time of the receipt of
any Change Order of any resulting adjustment in the schedule and price. Unless Client objects in
writing within 5 days, the proposed terms of the Change Order with the adjustment in the schedule
and price shall become a part of this Agreement.
12.4 Failure to Agree: If the Client and the Consultant cannot agree upon an equitable adjustment in
the Contract Time and or Contract Price, and the Consultant will not sign the Change Order, the
disagreement shall be considered a dispute subject to settlement in accordance with the disputes
clause at Article 15.
ARTICLE 13-WARRANTY
13.1 Standard of Care: It is understood that Consultant makes no warranty, either expressed or
implied, as to the fmdings, designs, accommodations, specifications, or professional advice or
opinion except that Consultant represents that it shall perform its Services in accordance with the
standazds of care and diligence normally practiced by professional consulting firms performing
Services of a similar nature in the same locale.
13.2 Extent of Study: Client recognizes that actual environmental conditions may vary from
conditions encountered at locations where Consultant makes visual observations, obtains samples,
or performs other explorations. Consultant does not guarantee the extent or absence of pollution
or hazardous materials at a site and failure to discover differing conditions or potential
environmental contamination through appropriate and/or mutually agreed-upon investigation
and/or sampling techniques shall not impose any liability on the Consultant, unless there has been
a breach of required Standard of Care described in Article 13.1
ARTICLE 14-SUSPENSION AND TERII�NATION
14.1 Suspension of Services: Consultant will, upon written notice from Client, suspend, delay, or
interrupt all or a part of the performance of Services to the extent directed. In such event,
Consultant will resume work upon the suspended activities only upon written notice from Client.
Where appropriate, an extension of the Contract Time and/or Contract Price will be established as
specified in Article 12.
14.2 Termination: Either party may terminate the Services with or without cause upon 10 days
advance written notice. Irrespective of which party shall effect termination, the Client shall within
30 calendar days of termination pay in accordance with Article 5 hereof the Consultant for
services rendered and costs incurred up to the time of termination, as well as those reasonable
costs associated with the termination itself, including the costs incurred in the settlement of
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terminated contracts and subcontractors, suppliers and others, all in accordance with the
Consultant's fee schedule in effect for this Agreement and expense reimbursement policy.
ARTICLE 15-MISCELLANEOUS PROVISIONS
15.1 Subcontract: The Consultant shall not further subcontract any Services to be performed under
this Agreement, except as specified in the Consultant's proposal or prior written authorization
from the Client. Neither this Agreement nor any Subtier Subcontract will create any contractual
relationship between any Subtier Subcontractor and Client, nor any liability of Client to any
Subtier Subcontractor.
15.2 Assignment: Neither Party to this Agreement shall transfer, assign or hypothecate its interest in
this Agreement without the written consent of the other; which consent shall not be unreasonably
withheld. Any attempted transfer, assignment, or hypothecation without such written consent shall
be void and confer no rights upon any third person and shall constitute a default hereunder.
15.3 Third Party Liability: Except as specifically stated in this Agreement, this Agreement does not
create any rights or benefits to parties other than Client and the Consultant.
15.4 Dispute Resolution: Any controversy or claim arising out of or relating to this Agreement, or
breach thereof, shall be settled by arbitration in Minnesota in accordance with the then-current
Construction Arbitration Rules of the American Arbitration Association. Judgement upon the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each
party to any arbitration hereunder shall beaz its own costs of the proceeding including attomey
fees. The Client and the Consultant agree that in the event of a dispute,they will not seek recourse
against individual officers,employees, directors,or shareholders of the other party.
15.5 Applicable Law: In the performance of the Services provided by this Agreement, the Consultant
and the Client shall comply with all applicable Federal, State and local laws, rules, and
regulations. This Agreement shall be construed, interpreted and applied in accordance with the
laws of the State of Minnesota.
15.6 EnHre Agreement, ModiticaHons, Headings, Severability: The parties acknowledge that this
Agreement constitutes the entire Agreement between them and supersedes all prior
representations, warranties, agreements, and understandings oral or written between the parties
with respect to its subject matter. Unless stated otherwise in this Agreement, this Agreement may
not be modified except in writing signed by both parties. The headings to this Agreement are for
convenience and reference purposes only and shall not constitute a part of the Agreement. ff any
element of this Agreement is later held to violate the law or a regulation, it shall be deemed void,
and all remaining provisions shall continue in force.
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Client and Consultant confirm reading this document in full and confirm that they understand the terms of
this Agreement. Client and Consultant freely enter into this Agreement. The Agreement becomes
effective on the latest date of execution indicated below.
Consultant: EDAW,Inc an AECOM Company Client: City of Scandia,Minnesota
By: gy;
Name: Name:
Title: Title:
Date: Date:
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APPENDIX A
Work Plan
This work plan presents the tasks that will be completed to appropriately analyze the potential for
environmental impacts, and identify measures to mitigate for potential impacts for the identified
altematives related to the Zavoral Property Mining and Rec�amation Project as part of the EIS process to
be completed under Minn. R. 4410. The AECOM Team has reviewed the EAW, final SDD, comments,
and available studies as part of the development of this work plan. Results of available studies that are
determined to provide relevant and objective data will be incorporated into the preliminary draft EIS
document along with the results of additional evaluations that will be conducted as identified in this work
plan.
Task 1 -Project Management
Objectives
To effectively manage the project to:
. Maintain project schedule and contractual budget; provide timely and accurate reports and bi�ling.
. Establish and maintain effective internal project team communication
. Develop a technically sound EIS that meets regulatory requirements, in a timely manner.
. Communicate to provide information to and obtain input from interested parties.
City of Scandia lnteraction
•: Participate in project meetings and facilitate coordination with Tiller Corporation (Tiller)and others.
�� Provide review of administrative and technical documents in a timety manner.
Procedures
Task 1.1-Deta/led Work Plan
The scope of work outlined in this work plan will be reviewed and refined after the Project Initiation
Meeting with the City. The outcome of this task will be a Detailed Work Plan, which will describe the
activities associated with major tasks, key staff that will have primary responsibility for completing the
tasks, related budget, mutually agreed upon schedule, and a final list of deliverables. The Plan will
describe specific steps required to gather background information, address communication needs, and
identify scheduling issues. The Plan will also specify technical data needs; required input from City staff,
their consultants, or Tiller;and plans for stakeholder involvement.
As part of project controls and tracking, the AECOM Team project manager will update the preliminary
project schedule as data gathering is initiated and dates for meetings and interim submittal dates are
refined. The baseline schedule and budget will be compared to the actual schedule and budget on an
ongoing basis as part of project reporting. A log of e-mails, correspondence, and meeting notes will be
kept in an electronic file. Paper copies of these items will be filed for later retrieval if necessary.
Task 1.2-Project Controls and Progress Reports
The AECOM Team project manager will prepare monthly progress reports in a form approved by the City.
Progress reports will review progress on all tasks identified in the Plan, including cost to date, any
significant interim findings, and any problems or conflicts that may affect the completion of any task within
the allocated time and budget.
The AECOM Team project controls system is based on the balance of the three controlling factors in a
project. These factors are time, cost and quality. In addition, project resources are considered in the
controls system. Planning, monitoring, and controlling each of the project factors enables both the City
and AECOM to proactively make decisions during the lifecycle of the project that will maintain the
baseline project schedule,contain costs, maximize the allocation of resources, and manage project scope
changes all while exceeding the City's expectations.
Deliverables
. Detailed Work Plan
. Progress Reports
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APPENDIX A 8/4/09
Task 2-internal and External Communications
Objectives
To communicate effectively, educate and obtain input from internal and external stakeholders about
issues related to the proposed project and alternatives, and to provide adequate notice and a variety of
avenues for stakeholders to be involved in the process.
City of Scandia lnteraction
. Participate in project meetings, conference calls, and facilitate coordination with Tiller and others.
� We have assumed that the City will pay for meeting location rental, if required, court recorders,
audio-visual equipment and support, and any publication fees to newspapers or other publications.
Procedures
Task 2.1-Interna/Communication
We propose to hold a Project Initiation meeting and up to 10 additional intemal meetings in Scandia. In
addi6on, we propose to hold conference calls to result in weekly intemal communication during the more
intensely active portions of the project and biweekly communication during the less active periods.
During these meetings/calls we will discuss project status regarding scope, schedule and budget, identify
outstanding data needs, provide information as required and discuss future work, potential issues that
could affect project progress or quality, and other information. We will also communicate with the City,
their consultants, and other intemal entities via telephone, mailed correspondence, and e-mail.
Task 2.2-Other Communication
The AECOM Team will provide technical support to the City in meetings and other interaction with
agencies and officials, organizations, the public, and other stakeholders. As part of this process we
propose to hold a site review with agencies and officials to review key site issues. We have found that
site reviews help agency staff become familiar with a project and related impacts, which helps to resolve
or reach consensus on key issues early and result in more effective communication. In addition to the
site review we propose to participate in up to three additional agency/stakeholder meetings as part of our
base scope of work. We also will coordinate via telephone, mailed correspondence, and e-mail.
As the City knows, it is best to be proactive with public outreach efforts. Open, participatory pub�ic
participation is conducive to an effective environmental review process. We understand that there is some
history of citizen concerns towards sand and gravel mining in Scandia/New Scandia. Our proposed
process allows the City to obtain critical input on complex environmental issues and local quality of life
issues and to educate stakeholders. We understand that the City will want to continue to utilize its
website to provide project updates and provide access to project documents. Work products developed
as part of this project will be prepared in a format that is suitable for posting on the website. We will
collaborate with the City staff to provide support in the preparation of notices, press re�eases, and other
information for meetings as described in this work plan.
We have teamed with Richardson, Richter & Associates, Inc. (RRA) to provide public involvement
support. We have worked extensively with RRA on other Minnesota environmental review projects with a
critical public involvement component. We will work closely with the City to develop public outreach
materials.
Task 2.3-Project Advisory Committee Involvement
We will assist the city in the development and facilitation of an ongoing Project Advisory Council (PAC)
that will meet up to four times during the project. Past experience has proven that this is an effective and
efficient way to obtain early and ongoing valuable input from project stakeholders. We have assumed
that the City will arrange for and provide meeting locations. We propose that the PAC would include area
residents and landowners, key City and their consultant representatives, agency and local o�cial
representatives, environmental group representatives, and other identified interested parties. As part of
this task we will work with the City to establish the goals/responsibifities, structure and types of
representation for the PAC, develop a list of potential members, and contact them to request their
participation.
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APPENDIX A 8/4/09
We have included up to four meetings with the PAC in our current work scope:
�: A kickoff meeting and possible site tour to describe the site features, the environmental review
process, the proposed sand and gravel mining, and to define the PAC's role in the process This
would include a preliminary review of conceptual mine plan and altematives for evaluation in the EIS
. Up to two meetings to provide background and review technical work conducted for the EIS and
obtain input, this includes the input on the development of potential mitigation measures
. Preliminary review of the draft EIS
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APPENDIX A 8/4/09
EIS PREPARATION TASKS
The AECOM Team will complete the Zavoral Mine and Reclamation EIS to comply with the MEPA, Minn.
Stat. 116D.01 et seq., the rules promulgated under MEPA, Minn. Rules Chapter 4410, and guidance
documents issued by the EQB, including the following tasks and deliverables:
Task 3-Cover Sheet
A cover sheet will be prepared to meet the requirements of Minnesota Rules 4410.2300.
Task 4-Project Summary,Table of Contents, List of Preparers, and Project Description
The AECOM Team will prepare a functional working description of the proposed project and altematives
identifying the purpose, size, scope, environmental setting, limits, and anticipated phases of development
in sufficient detail to meet EQB requirements. Early, effective development of a project description and
altematives are critical to maintaining project schedule and focus.
City of Scandia lnteraction
This project description will use information from the EAW, Final SSD, the City, their consultant, and Tiller
information.
Procedures
The project description will address the following:
. A summary of the project description.
. A summary of the EIS content requirement in Minn. R. 4410.2300, with page and section references
to the sections of the EIS containing each required analysis.
. A general description of the area surrounding the site.
. A project description addressing siting, engineering, construction, operation, and reclamation.
Deliverables
. Cover sheet; project summary; table of contents; project description including text, tables, and
graphics.
Task 5-Permlts and Approvals
Objectives
To identify known govemmental permits and/or approvals required for the proposed Zavoral Mine and
Reclamation Project, the unit of government responsible, status of any applications, and areas of dispute.
City of Scandia lnteraction
Participation in meetings with agencies and discussions regarding permitting.
Procedures
The AECOM Team wi�l incorporate permit information from the EAW and supporting documents, conduct
coordination with agencies and local officials regarding permitting and/or approval needs, requirements,
issues, areas of dispute, and other information. Agency and official coordination may include meetings,
correspondence, telephone, or e-mail contacts. We will prepare a table presenting permitting and/or
approval information in a concise manner supplemented with text.
Deliverables
. Copies of ineeting notes, correspondence, and telephone memoranda, or e-mails.
. Table summarizing permitting and/or approval information, supplemented with text.
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APPENDIX A 8/4/09
Task 6- Description of the Proposed Alternatives
Objectives
The Final SDD identifies the four alternatives to be evaluated in the EIS. Each of the altematives
described below will include a detailed description of the site operations, including the type and quality of
material to be extracted, depth of the proposed mining activities, potential impacts, and mitigation
strategies. Based on the our understanding of gravel operations in the area, we believe that a major
motivation for Tiller to utilize this pit is to use the coarse aggregate (gravel) that exists here in quite high
percentages to supplement sand that they have lots of at the pit north on Manning Avenue where a large
fixed asphalt plant exists.This deposit was mapped as significant by the MGS in 2000.
Altemative#1-AuqlicanYs Preferred Alternative
This alternative is to re-open and expand the dormant aggregate mine and ancillary operation on the
Zavoral site. The proposed project does not include mining below the water table. The 114-acre site falls
within the Agricultural Zoning District (2020 Comp Plan). A portion of the site is located within the St.
Croix National Scenic Riverway. Only reclamation, no mining, activities are proposed within this area.
Altemative#2 No-Build Alternative
The No-Build Altemative will describe the potential impacts, outcomes, constraints, benefits and
disadvantages, and economics if existing land uses on the Zavoral site were to continue. The description
will be based on existing and allowed use of the site for Agricultural and Rural Residential purposes, and
witl make projections or forecasts based on this use, to identify the No-build Altemative effects and
impacts. The No-Build Alternative does not include the reclamation activities on previously-mined areas
that are included in Alternative#1.
Altemative#3—Mininq and Reclamation Activities—Evaluate the Im�acts of different Washin4 Scenarios
This Alternative will focus on the impacts of the washing activities at the site, particularly the impacts to
groundwater, groundwater-dependent resources, springs, and wells. It will identify and compare the
impacts and mitigation options for the project with up to three levels of water use for washing to the
impacts of Altemative#1,which would represent the maximum level of washing that is expected to occur.
Altemative #4 — Minin4 and Reclamation Activities — Evaluate Imoact and Seasonal Scheduling of
Processinp Activities
This Altemative will focus on the impacts of processing activities that are proposed to be part of site
operations, including screening, sorting, and primary and secondary crushing. It will identify and compare
the impacts of each of these activities to the impacts of Alternative#1 that includes all of these activities
at the site. It will look at options for scheduling and processing activities, to avoid times of impacts to
recreational use or other impacts. Noise and dust impacts are expected to be issues of particular focus
for potential impacts and mitigation.
City of Scandia lnteraction
Participation in working sessions and communication with the Tiller to define the altematives in sufficient
detail to conduct impact analysis and the development of mitigation measures.
Procedures
We propose holding up to one working session that include Peter Rzepecki, Bob DeGroot, Leslie Knapp,
the City, and Tiller to facilitate the development of altemative descriptions, operational scenarios, and
reclamation plan(s) to be used in the EIS. Based on information provided by the City and interaction with
Tiller, the AECOM Team will prepare a concise description of the four altematives for mining and
reclamation.
Deliverables
Altemative and related reclamation descriptions, tables, and graphics developed in sufficient detail to
conduct impact analysis and the development of mitigation measures.
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APPENDIX A 8/4/09
Task 7- Environmental, Economic, and Sociological Impacts
Objectives
To apply the expertise of the AECOM Team and City to develop a technically sound, unbiased, thorough,
EIS that meets regulatory requirements, in a timely manner.
City of Scandia lnteraction
. The AECOM Team will work with the City and utilize available project information to prepare the EIS.
This will inctude a Project Initiation meeting and site review with City staff and the proposer to obtain
and review all available information, and refine scope. We have assumed that the City will facilitate
data transfer from the proposer, provide a location for meetings, and provide review of deliverables.
. The AECOM Team will provide a data needs list to the City for the project. Data needs will include,
at a minimum, processing equipment description, process rates, proposed locations of stockpiles,
water use projections, site base mapping, and site development plan (in electronic format).
• We have assumed that the City or Tiller Corporation will ar�ange for required access to the site and
all potential impact areas, including access to nearby residential wells/springs if a pump test of the
site well is conducted.
. Additional meetings, interaction, and the review of EIS section and other work products will be
required as described in the following sections to obtain information and conduct analyses to
produce a technicalty sound EIS, in a timely manner.
Procedures
The AECOM Team will collect (with City and Tiller Corporation assistance) and assess the data, conduct
coordination, and complete analyses required to address the issues as specified in the Final SDD and as
described below.
Deliverables
EIS text, tables,graphics, and supporting documentation to describe and quantify identified impacts.
Task 7.1-Land Use
This section will primarily pertain to the City of Scandia and St. Croix Wild and Scenic Riverway District.
The EIS will address:
. Planning authority for the project site.
°o Existing and planned future land use and how that would be impacted by the altematives, and how
the rural character of the area expressed as a value by local residents would be affected.
. A description of planned end use and an assessment of its compatibility with surrounding land uses
and recreational goals.
Task 7.2-Envfronmental Hazards
The AECOM Team will obtain information on the potential location of storage tanks and other potentially
contaminated sites at or in the vicinity of the site from review of the Minnesota Pollu6on Control Agency
(MPCA) "WhaYs in My Backyard" website. We will review files related to any identified sites and
coordinate with the MPCA regarding mining methods and mitigation in the vicinity of the site(s). We will
identify potential environmental hazards due to past site uses, such as soil contamination or abandoned
storage tanks, or proximity to nearby hazardous liquid or gas pipelines from existing databases.
Task 7.3-Rec/amat/on Plan
The AECOM Team will:
. Participate in two working sessions identified in Task 6 to develop the reclamation plan(s) for each
altemative in detail. The reclamation plan(s) will include proposed use, the conceptual grading
plans, plant communities, phasing and timing of reclamation activities, planting schedule, habitat
reconstruction and invasive species management, and monitoring and maintenance to ensure the
success of reclamation efforts.
. Evaluate the compatibility of the alternatives with existing and future land uses, and the potential
impacts of the reclamation plans on habitat areas and future land use in the area.
. Coordinate and consult with the DNR, NPS, Washington Conservation District, Carnelian-Marine
Watershed District, City, Tiller, and others as required to develop the viable reclamation plans
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APPENDIX A 8/4/09
suitable for impact analysis and the development of mitigation measures. We understand that
reclamation requirements for areas within the St. Croix River District may be different from those
areas outside of the District.
Task 7.4-Economic Impacts
The AECOM Team will:
. Determine the area(s)and types of potential economic and social impacts of the proposed project.
. Quantify the social, economic, and environmental impacts of each altemative on the local community
using existing information, including impacts to the following:
o Local economy
o Tourism (including impact to the St. Croix Riverway and City of Scandia)
o Property values
o Public services, such as police, flre, or other costs to city services
. Identify strategies that will be implemented to avoid, minimize, or mitigate for the potential impacts.
. Conduct and document coordination completed with the City, DNR, NPS, Washington County, and
others to complete the analysis and identify mitigation strategies.
. Team member BRKW Appraisals will review available property value information and provide the
evaluation of the potential impact of the project on property values within 1-mile of the project site.
The evaluation will include an analysis of the extent to which the project would deter desirable
development, and the degradation of tax revenue potential to local units of government as a result of
the project. The analysis would include documented experience with similar situations elsewhere as
well as the documented professional judgment of BRKW Appraisals. The first step in the process will
be to identify the types of properties within the 1-mile radius. The next step will be to research sales
of similar properties that are located away from and not influenced by a gravel mining operation in
relation to sales of properties that are in close proximity to such an operation in order to measure the
value impact resulting from the project. Given the current economic situation,where property values
are already declining, it will be important to establish whether the impact on property values is due to
mining operations or to other forces.
Task 7.5-Cover Types
AECOM Team member NRC will identify and map existing landcover types, including wetlands at a
NEPA scale; determine the acreages of landcover types under current conditions, disturbed by each
alternative during operation, and post-reclamation. A site reconnaissance will be conducted to
ground truth the landcover types. The reconnaissance will be conducted concurrent with the
reconnaissance described in Tasks 7.6 and 7.7 below.
Task 7.6 - Fish, Wildlife and Ecologically Sensitive Resources and Threatened and
Endangered Species
We understand that Tiller has contracted with Critical Connections Ecological Services to perform a
biological assessment of the site and that a final report detailing results of the field surveys will be
available. AECOM Team member NRC,will:
. Review work conducted by Tiller. We have assumed that the survey of plants, animals, and land
and water habitats provided will be sufficient for EIS preparation and agency coordination. We have
included only a site reconnaissance for ground verification purposes as part of our review of the
survey provided by Tiller's representative in our scope of work. We have also assumed that all
report information, including maps and figures, will be provided in electronic format suitable for
incorporation in the EIS minimal modification.
. Determine the area of potential impacts of the proposed project and alternatives on natural habitats
and state-listed protected species.
. Complete a biological assessment based on the fieldwork conducted by Tiller. We have assumed
that the biological assessment will include only state-listed threatened and endangered species and
that a biological assessment for impacts to federally-listed species under Section 7 of the
Endangered Species Act will not be required.
. Analyze the potential impacts of each of the alternatives on the sensitive resources (species and
habitats), and the reversibility of the potential impacts.
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APPENDIX A 8/4/09
. Identify strategies that would be implemented to avoid, minimize, or mitigate potential impacts.
Identify coordination completed with the DNR, U.S. Fish & Wildlife Service, and any other agencies
to complete the biological assessment. This would likely include a site review with agency staff.
Task 7.7-Physical lmpacts on Water Resources
The AECOM Team will:
. Identify the project area and area of potential impact of each of the alternatives.
. Identify and map surface water resources (rivers, streams, wetlands, springs, seeps, and lakes). A
site reconnaissance for ground verification purposes will be conducted. We assume that this site
reconnaissance will be conducted concurrently with the site reconnaissance described in Tasks 7.5
and 7.6.
. Prepare figures depicting identified water resources, descriptions of the resources identified, and
regulations that apply to each resource. The AECOM team will map private wells within a 1.5-mile
radius and high capacity wells within a 3-mile radius using information from the County Well Index. If
warranted, based on a review of this information, we will work with the City to develop a scope and
cost to conduct a field review to identify unmapped wells near the site.
. Provide a qualitative description of the current quality and regulatory status of these resources,
potential physical impacts of each of the altematives on the resources, and the reversibility of the
potential impacts.
. Coordinate with agencies and organizations, including the Washington Conservation District,
Camelian-Marine Watershed District, DNR, NPS, and others to obtain existing water resources
information and to identify potential impacts, issues,and mitigation measures.
Task 7.8- Water Use
The AECOM team will:
. Identify the quantity and sources(s) of water to be used for washing, processing, and dust control
activities based on input from Tiller and as developed as part of the alternative process .
. Identify existing production well construction details based on existing records, including locations,
well depths, screened intervals, and geologic logs. Incorporate any proposed well information.
. Quantify the potential water use under each of the up to three proposed scenarios, and diumal or
seasonal variation in water use.
. Compile and review information about wells and groundwater production in the area of influence.
. Identify the potential impacts of site-related water use on groundwater resources and local wells in
the project area, under each of the altematives.
. Identify the potential impacts of project-related water use on groundwater-dependent resources such
as bluff springs, Zavoral Creek (trout stream), as seepage swamps and any unique water-dependent
ecosystems, under each of the alternatives.
: Evaluate potential surface water impacts caused by increasing the temperature of interflow water
and shallow groundwater as a result of water infiltration into the ground from the settlement pond(s),
and magnitude of that impact depending of the pond(s)' location relative to the bluffs, seepage faces,
springs and surface water(trout stream).
. Design and conduct one, up to 72-hour aquifer test. If pump test equilibrium is reached prior to 72
hours, and su�cient data is gathered, the test will be terminated earlier than 72 hours with a
corresponding reduction in cost. Our cost proposal is based on monitoring up to three area
residential wells (within 1.5-mile radius around of the Zavoral Property Mining and Reclamation
Project), finro springs or seeps and Zavoral Creek (at a total of three locations upgradient and
downgradient relative to the proposed settlement pond) during the aquifer test. Monitoring
associated with this test will only be feasible if the City can arrange for access to private wells and
spring, seeps, and other surface water features to measure drawdown during this test. AECOM has
not included providing water to residents whose wells are pulled for the test in our cost.
. Meet with the DNR to determine the Agency's requirements for an aquifer test that would be needed
to obtain a Water Appropriation Permit for the proposed Tiller project. If the DNR requirements are
more stringent or extensive than the current AECOM scope of work the City may want to consider
the option of expanding the AECOM work scope to meet the DNR requirements. If so, we will work
with the City to establish an appropriate scope and budget for that work.
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APPENDIX A 8/4/09
. Develop a groundwater monitoring plan that could be used to identify potential impacts to the
groundwater and groundwater-dependent resources as a result of the water use, and proposed
mitigation strategies for potential impacts.
. Develop a plan for abandoning the existing well and proposed monitoring wells on the site when
these are no longer required.
Task 7.9—Water-Re/ated land Use Management D/stricts
The AECOM Team will:
. Identify potential adverse effects on the natural, cultural, and recreational values of the Riverway.
Potential adverse effects may include impact to the use, purpose, and values of the Riverway
District, alteration of the setting, or deterioration of water quality.
, Consult with the NPS regarding impact analysis and identification of strategies to avoid, minimize,
and mitigate impacts. This will include an agency site review as described in Task 2.2.
. Identify measures that will be used to avoid, minimize, or mitigate impacts.
Task 7.10-Erosion and Sedimentatfon
The AECOM Team will:
•: Review areas of potential erosion and sedimentation impacts.
. Include a detailed discussion of erosion and sediment control management techniques to be
implemented during construction and operation periods, including a discussion of resources to be
protected and the adequacy of the proposed measures.
. Assess proposed erosion and sedimentation control measures, including an analysis of potential
impacts on water resources identified by Task 7.7, as well as other land areas where project-related
soil erosion could occur.
. Evaluate potential susceptibility of natural slopes down-gradient from the Site to erosion as a result
of a variety of the Site activities' related factors, such as catastrophic runoff from the settlement
pond(s), or excessive project induced erosion during major storm events.
. Evaluate potential for adverse soil conditions and susceptibility of soils to erosion and the resulting
increase in sediment delivery to nearby water resources as a consequence of removing vegetation
and project related disturbance and modification of the land surface and slopes.
. Address post-project conditions, including a description of proposed post-project long-term erosion
and sedimentation control measures and their ability to adequately stabilize project areas soils such
that post-project erosion impacts do not occur.
Task 7.11-Surface Water Quality and Quantfty
The AECOM Team will:
. Assess the potential impacts of runoff to surface and groundwater quantity and quality during
construction, operation, and post-project.
. Obtain and review existing information in order to address surface water quality and quantity. We
will coordinate with Tiller regarding proposed stormwater management during construction and
operation to assess changes in the volume of total runoff and in water quality.
. Describe proposed surface water controls and prac6ces to be implemented to determine if control
measures and the ultimate disposition of runoff will meet regulatory requirements and assess
potential impacts.
. Address the ability of the site to safely infiltrate the runoff, inc�uding an analysis of potential
groundwater impacts and long-term sustainability of infiltration in a gravel mine setting. It is
expected the proposed project will result in the majoriry of runoff generated within the area of gravel
mining will be infiltrated.
. Analyze runoff discha�ge rates for the project area under existing, operation, and post-project
conditions to provide a comparative analysis of these conditions.
. Address surface water quality, including project-induced:
o Stream bed and bank scour
o Increases in sediment and phosphorus discharged from the site, and (due to the water quality
impairments identified for the St. Croix River) discuss the potential, or lack thereof, for PCBs
or mercury to be discharged from the site.
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APPENDIX A 8/4/09
o Thermal impacts on water resources will be addressed, including information on the complete
range of runoff management techniques that will be used at the site.
. Operations and interim design features of the gravel mine will be reviewed and evaluated. Based on
AECOM's experience with other faciiities and based on applicable regulatory criteria, adequacy of
the proposed surface water control design will be determined. If applicable, potential mitigation
measures will be identified. We have included a site review in our scope of work. The surface water
quality and quantity analysis will include:
o Summary and citation of applicable surface water, stormwater and water quality
regulations and permits in tabular format with supporting text.
o An assessment of runoff quantity and quality impacts to surface and ground waters at
and near the proposed project site. The assessment wilt address the St. Croix River,
Zavoral's Creek and other surface water resources identified through completion of Task
7.7, along with aquifers in the project area. It will also include stormwater management
during construction and operation periods of the gravel mine, potential increases in the
volume of water or pollutant loading caused by the project, nondegradation regulations of
the State of Minnesota and potential impacts on impaired waters.
o A description of the stormwater management infrastructure and practices to be
implemented at the proposed project site.
Task 7.12-Geologic Hazards and Soil Cond/tfons
The AECOM Team will use existing data sources to:
. Evaluate potential geologic hazards associated with mining activities at the site, such as instability
and ground failures such as slumping or landslides on excavation slopes and engineered structures,
such as roads and retention/settlement ponds. Both short-term and long-term stability will be
evaluated.
. Evaluate potential susceptibility of natural slopes down-gradient from the site to slope failure and
instability as a result of a variety of the site activities such as excessive infiltra6on within the gravel
mine during major storm events.
Task 7.13-SolJd Waste, Hazardous Waste, Storage Tanks
Based on the information and analysis completed for Task 7.12 Geologic Hazards and Soil Conditions,
the AECOM Team will:
. Identify potential impacts from toxic waste, hazardous waste, or storage tanks at the site on surface
water resources, groundwater resources, groundwater-dependent resources, or local wells under
each of the alternatives.
:• Identify strategies that would be implemented to monitor groundwater resources and avoid,
minimize, or mitigate for potential impacts on surface water resources, groundwater resources,
groundwater dependent resources, or local wells on-site.
. Include estimates of the types, amounts, and compositions of solid and hazardous wastes produced
from future operations. Potential disposal locations for municipal solid waste and hazardous waste
will be provided in the EIS. The EIS will also detail any applicable state or local AST and/or UST
regulatory requirements related to tanks tttat will be located on-site during mining operations.
Task 7.14-Traffic
In assessing the impacts of the proposed operations and impacts on the existing and future traffic for the
proposed action, traffic analyses will include a macraanalysis of the regional traffic impacts and a micro-
analysis of the area directly impacted by the proposed development of the gravel mine. Analyses of
traffic for each of the altematives will take into account primary and secondary impacts as well as
construction and operational impacts. The roadway network is limited in the study area with St. Croix
Trail and Olinda Trail being the only continuous north-south roadways. Additionally, Oakhill Road,
Scandia Trail, 220"' St. / Pilar Road and 240"' St. provide the means of access between St. Croix and
Olinda Road. The traffic analysis will identify the cumulative and secondary impacts to these roadways
and their intersections with one another.
Based on our current understanding of the local aggregate industry, we understand that Tiller's asphalt
plant in Scandia supplies asphalt to a large area in northern Washington and southern Chisago counties.
Page 10
APPENDIX A 8!4/09
We will determine if the operation of a gravel mine on the Zavoral Property would increase aggregate
demand (or truck traffic) in the area or result in a redistribution of traffic. Trucks use area roadways to
supply aggregate to the local market, including Tiller's New Scandia asphalt plant. Some of this truck
traffic may originate in Bayport at a Tiller limestone quarry, or in Dresser Wisconsin, coming through
Scandia from both directions. From an economic perspective, we understand that aggregate is a very
localized commodity that can only be transported so far before another more local source, becomes the
less expensive option.
The AECOM Team will:
. Conduct a traffic evaluation based upon local conditions and projected future land uses.
. Catalogue accident and existing traffic data for the area from the Washington/Chicago County line to
south of Oakhill Road and from Highway 95(St. Croix Trail)to west of Olinda Trail through Scandia.
. Collect traffic data related to seasonal recreational uses from the park.
. Collect existing roadway and intersection information.
. Determine existing peak hour traffic and levels of service.
. Determine projected traffic for the traffic study area based upon the alternatives and projected future
land uses in the traffic study area.
. Assess directional traffic distributions and apply this to the projected traffic for the roadway system in
the study area to determine projected levels of service for the roadways and roadway system.
. Identify mitigation measures to reduce the traffic impacts resulting from the proposed project.
Task 7.15-Stationarv Source Air Emissions and Dust
Potential environmental impacts from stationary sources and fugitive emissions (dust) are interrelated.
The analysis of these sources must be considered together to properly assess discrete and cumulative
impacts. Therefore, the AECOM Team proposes to address both Stationary Emission Sources and Dust
as a single topic within the EIS. The AECOM Team understands that the project and subsequent
reclamation will include the following air pollutant emitting activities:
. Stripping of vegetation and overburden and stockpiling the materia�on site
. Extraction of aggregate using front end loaders
. Transporting the aggregate to a wash plant
. Crushing,washing,and stockpiling of aggregate materials
. Transport of finished aggregate materials internally for subsequent processing and to construction
sites beyond the mine area
�:• Reclamation activities, including grading, placing topsoil, and seeding.
These activities will generate airborne concentrations of fugitive dust, and to a much lesser degree,
particulate from combustion that can be transported off site and deposited onto nearby land, vegetation,
rivers and lakes.
The AECOM Team will:
. Prepare potential to emit (PTE) calculations for both point and fugitive emission sources for
particulate matter (TSP), inhalable particulate matter (PM10), and fine particulate matter (PM2.5).
AECOM will use the PTE to complete a project ambient air quality analysis and deposition analysis.
. Simulate the atmospheric transport processes (dispersion and deposition) using the USEPA
Guideline model AERMOD to calculate ambient concentrations of total suspended particulate (TSP),
inhalable particulate (PM10) and fine particulate (PM2.5). The process of deposition to the earth's
surfaces will also be simulated with AERMOD. These include dry deposition due to gravitational
settling and surtace impaction due to turbufent air flow near surface elements as well as wet
deposition due to wash-out by precipitation. To ensure defensibility of model predicted results, all
modeling will be conducted according to approved USEPA methodologies presented in the Guideline
on Air Quality Models (40 CFR Part 51 Appendix W), and in accordance with MPCA Modeling
Guidance posted at http://www.pca.state.mn.us/air/modeling.html#guidance.
• Model total PM, PM,o, and PMz,s emissions from the aggregate operations and reclamation activities.
Modeling will be performed for the preferred Alternative# 1 and for Alternative#4(Task 6).
. Model results for ambient particulate concentration will be processed in order to calculate
appropriate statistics for comparison with the 24-hour and annual average ambient standards. The
Page 11
APPENDIX A 8/4/09
model will also calculate 24-hour and annual deposition of particulate for input to an ecological
assessment(see below).
. Model results for PM10 along with appropriate citations from refereed literature will be used to
address the siliotic effects from ambient exposures to fugitive dust from the proposed operations. A
recent air quality issue with respect to particulate is the fraction of crystalline silica in the particulate.
The major concern regarding silica exposure has been the issue of silicosis, a disease of the lungs
caused by chronic exposure to relatively high airbome concentrations of crystalline silica.
The AECOM Team will utilize USEPA screening techniques to evaluate the potential for ecosystem
impacts in downwind areas, especially in the St. Croix Riverway and scenic easement areas. The
following types of effects will be evaluated:
Deposition to Land
. Direct physical effects on leaf surfaces, e.g., reducing photosynthesis.
Deposition to Water
. Physical effects including light interruption, smothering of organisms, coverage of sites used for
germination, feeding, spawning, and other activities;
. Biotic effects include direct mortality, reduced fecundity, reduced disease resistance, and inhibited
feeding, growth, and reproduction.
Task 7.16-Odors. Noise and Dust
Odors
The Final SSD did not identify odors as an issue requiring further analysis. Therefore, AECOM is not
proposing to complete any task items related to odors for this EIS.
Nolse
We understand that Tiller has conducted a noise study. The summary indicated that a noise analysis and
model have been prepared, a noise study has been largely completed (pending summer noise
background monitoring), and noise impacts will be at (within one or two db) or below Minnesota
standards.
The AECOM Team member SBP will:
. Review available project information, including Tiller's noise study to confirm that the study was
completed in accordance with current state of the practice methods and procedures, and gain an
understanding of the projected impacts.
. Identify additional information needs to complete the EIS assessment.
. Visit the proposed site area to verify sensitive receptor locations, existing potential mitigation
structures and gain an understanding of the potential impacts.
. Use the information from Tiller's noise study to evaluate the impacts of processing activities and how
they may vary on a seasonal basis given variations in the activities themselves and variations in
ground cover and vegetation.
. Prepare the noise chapter of the EIS based on the information contained in the proposer's noise
study. This proposal assumes no additional monitoring or modeling will be required to prepare the
EIS section.
Dust—See Task 7.15.
Task 7.17- �sual Impacts
We understand that Tiller will have conducted a viewshed analysis of the project area from the river. The
initial phase of the analysis included a plan view terrain model of the topography of the area to determine
potential areas where views could be impacted during the project. The second phase of the analysis
consisted of collecting views of the site during leaf off conditions. Photographs were taken at known
positions using GPS equipment along Highways 95 and 97, Quarry Avenue North and along the St. Croix
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APPENDIX A 8/4/09
River by boat during leaf-off conditions. These photographs are hyperlinked to a base map and by
clicking along points, the associated photograph for that location appears. A proposed third phase of the
viewshed analysis will gather photographs from the same locations during leaf-on conditions.
We understand that Tiller has prepared a plan view terrain model that shows the locations where the
facility may be visible from off-site. The plan view terrain model indicated that the entrance to the facility,
under the planned access improvements, would allow a view into the facility at the site entrance from
eastbound Highway 97. Revisions are underway on the design of the entrance of the facility to minimize
and screen the potential views into the facility from eastbound traffic on Highway 97. Revised design will
be ready for analysis in the EIS.
The AECOM Team will:
�: Work with Tiller to identify the location and maximum potential height of equipment, stockpiles, and
other site elements that may be visible from adjacent areas as part of the wo�lcing sessions (Task 6).
. Verify key view areas identified by Tiller are adequate for EIS analysis and show key view areas on a
map. Key view areas are likely to include neighboring residences, the St. Croix River, nearby bluff
areas in Wisconsin, and TH95 and TH97.
. Develop a model in GIS or other software such as 3D Studio Max that models site-specific conditions
such as topography, vegetation, seasonal conditions, proposed lighting, and equipment and
stockpiles on the site. We use state of the art software including ArcGIS, SketchUp, 3D Studio Max,
and Photoshop to create photo-realistic 3D models.
. Accurately represent the view of the site from key view areas through drawings, photographs, or
other imaging methods that clearly show the views of the site so that they may be easily understood
by reviewing agencies and the public. Photographic simulations and 3D visualizations will be
developed from identified key view areas that simulate proposed project conditions, including
equipment and stockpiles. We will utilize a GIS-based approach to producing these simulations,
incorporating GPS locations and GIS data to ensure the accuracy of spatial relationships in the
virtual environment. We assume that the photographs taken by Tiller and key view locations are
adequate for this EIS.
. Complete a written analysis describing the visual impacts of the site
•: Identify the strategies to avoid, minimize,or mitigate visual impacts to key viewing areas.
Task 7:18-Compatibility with Plans and Land Use Regulatfons
The EIS will analyze the relationship of the proposed project to the water resource plans of the Carnelian-
Marine Watershed District and the St. Croix Riverway Management Plan (2002).
Task 7.19- Cumu/ative Impacts
Cumulative impacts are defined as the impact on the environment that results from the incremental
impact of the action when added to other past, present and reasonably foreseeable future actions.
Cumulative impacts can result from individually minor, but collectively significant actions taking place over
a period of time. Our understanding is that there is very little development planned for the area. We will
hold a meeting with the City of Scandia, including staff to develop the framework for addressing
cumulative impacts and refine scope as necessary to address the potential implications of Citizens
Advocating Responsible Development (CARD) v. Kandiyohi County, 713 N.W.2d 817 (Minn. 2006). Our
current scope includes addressing the cumulative impacts of:
•:� Gravel mining operations or other development in the vicinity that would affect water use, tra�c
levels, noise, vegetation removal, or air quality.
. Future development that could affect area traffic levels.
. Other actions occurring within the St. Croix River District or vicinity or in the project vicinity,
particularly those that would affect natural resources, groundwater, or surface water resources.
Task 8-Mitigation Measures
Objectives
To identify and incorporate measures that could avoid, minimize, or mitigate impacts of the proposed
project and altematives.
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APPENDIX A 8/4/09
City of Scandia lnteraction
Assistance in the identification, review, and selection of potential mitigation measures.
Procedures
The AECOM Team will identify the measures that could eliminate or mitigate for the adverse impacts of
the project, as identified in the analyses completed for Task 7 and through public and agency input.
Deliverables
Text, tables, and graphics for the EIS describing mitigation measures.
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APPENDIX A 8/4/09
. �
,
EIS DELIVERY TASKS
Objectives
To prepare, distribute, address comments, and participate in meetings to facilitate an effective, objective,
and transparent environmental review process.
City of Scandia lnteraction
. Review of documents in a timely manner and compilation of internal comments in order for the
AECOM Team to address in revising the draft EIS.
. The City shall be responsible for paying for the meeting location, audiovisual equipment, and
recording or hiring a court reporter to transcribe the meeting.
Procedures
Task 9-Preparation of a Draft EIS
The AECOM Team will prepare a draft EIS for the City's review and approval. The draft EIS will be
completed to satisfy MEPA requirements and will be written in a concise, accurate and thorough manner
and use language understandable by the public. The draft EIS will analyze the environmental impacts for
the mining alternatives and reclamation. The draft EIS will also address mitigation measures that may be
taken as a result of sand and gravel mining. The AECOM Team will submit draft chapters in electronic
format as they are completed for the City's review. Any technical data used to support the discussion in
any chapter will be attached as an appendix or referenced.
Task 10-Publfc Meeting, Draft EIS
AECOM will provide information and help develop presentation materials for a public meeting to discuss
and receive public comment on the draft EIS. The public meeting will be held not less than 15 days after
publication of notice of availability of the draft EIS. The AECOM Team and any subcontracted consultants
who are knowledgeable about the contents and preparation of the draft EIS will be made available to
attend, present material, and answer questions at the meeting.
Task 11—Response to Public Comments
The AECOM Team, in cooperation with the City, will compile, catalogue, review, and prepare draft
responses to timely oral and written public and agency comments on the draft EIS.
Task 12-Final EIS
Based upon comments received, The AECOM Team will prepare and submit to the City for review a Final
EIS/Response to Comments that complies with MEPA and Minn. Rule 4410, particularly part 4410.2700.
Task 13—EIS Adequacy Hearing
The AECOM Team will attend and participate in the Final EIS adequacy determination hearing before the
Scandia City Council. If the EIS is determined to be inadequate, we will work with the City to prepare an
adequate EIS during the 60 days allowed under Minn. Rules. If required, we will work with the City to
develop a scope and cost for any related investigations and evaluations that were not in this scope of
work.
Deliverables
. Preliminary draft EIS sections in electronic format for review by City staff and their designees as they
become available.
. Revisions to the preliminary draft EIS as needed to respond to City staff and designee comments
. A PowerPoint slideshow, to be approved by City of Scandia staff, for presentation at the City of
Scandia Final EIS adequacy meeting.
. Distribution of the draft EIS as required by Minn. Rules 4100.2600, submit the required notice to the
EQB for publication in the EQB Monitor, and complete a press release for distribution to local
newspapers. AECOM will provide twelve (12) paper copies and one electronic copy of the Draft EIS
to the City of Scandia.
. A PowerPoint slideshow, or other presentation format, to be developed with and approved by City,
for presentation at the required draft EIS public meeting
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APPENDIX A 8/4/09
. Up to 10 graphic on boards prepared from figures included in the EIS for use at the public meeting
. A comment form (up to 150 copies), up to three page fact sheet (up to 150 copies), and sign-in
forms.
. A pretiminary draft Final EIS/Response to Comments document in electronic format for review by
City of Scandia staff and their designees.
. Revisions to the preliminary draft Final EIS/Response to Comments document as needed to respond
to public comments on the draft EIS.
. Distribution of the final EIS as required by Minn. Rules 4100.2600, submit the required notice to the
EQB for publication in the EQB Monitor, and complete a press release for distribution to local
newspapers. AECOM will provide twelve (12) paper copies and one electronic copy of the Draft EIS
to the City of Scandia.
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APPENDIX A 8/4/09
Environmental Impact Statement APPENDIX B
City of Scandia,Minnesota
Zavoral Property Mining and Reclamation Project
Cost and Fees
Description of Service/Deliverable Total Hours Total Labor Cost
Project Management and Communications
1.0- Project Management 64 $ 10,940
2.0-Internal and External Communications 292 $ 48,710
Project Management and Communications Totals 356 $ 59,650
EIS Preparation Tasks
3.0-Cover Sheet 1 $ 135
4.0-Project Summary,Table of Contents, List of Preparers,and Project Description 10 $ 1,520
5.0-Permits and Approvals 6 $ 980
6.0-Description of Proposed Alternatives 75 $ 11,998
7.0-Environmental,Economic,and Sociological [mpacts 1,412 $ 162,502
8.0-Mitigation Measures 30 $ 5,014
9.0-Preparation of a Draft EIS 92 $ 13,780
10.0-Public Meeting,Draft EIS 52 $ 7,840
11.0-Response to Public Comments 58 $ 8,370
12.0-Final EIS 36 $ 4,580
13.0-EIS Adequacy Hearing 30 $ 4,550
EIS Preparation Tasks Totals 1,802 $ 221,269
Total Labor Hours/Cost 2,158 $ 280,919
Total Other Direct Costs $ 34,254
Includes driller cost($24,000)to conduct up to 72-hour pump test(See Work Plan-Task 7.8).
Total Project Hours/Costs 2,158 $ 315,173
Notes:
Detailed listings of team members, titles, and project roles are shown on the following estimate
detail sheets.
APPENDIX B,8/5/09
PROPOSED ZAVORAL MINE AND RECLAMATION PROJECT
ENVIRONMENTAL IMPACT STATEMENT
PAYMENT AND REIMBURSEMENT AGREEMENT
This Payment And Reimbursement Agreement hereinafter referred to as the"Agreement" is made
and entered into this 18`h day of August, 2009, by and between Tiller Corporation, a Minnesota
corporation, hereinafter refened to as"Tiller,"and the City of Scandia, a body politic of the State of
Minnesota,hereinafter referred to as the"City."
WITNESSETH:
WHEREAS, Tiller has applied to the City of Scandia to mine and reclaim portions of the Zavoral
property located within the City of Scandia, legally described in Exhibit A to this agreement; and
WHEREAS,the City has determined that prior to the granting of any conditional use permit and
annual operating permits for the proposed sand and gravel mine operation in the City, the
environmental and other impacts of mining activities must be studied; and
WHEREAS,the first step in this study process was the preparation of an Environmental Assessment
Worksheet(EAW)as required by the Minnesota Environmental Policy Act and the Minnesota
Environmental Review Program, and the City was the Responsible Governmental Unit(RGU) for the
EAW; and
WHEREAS, the City concluded in the Findings of Fact and Record of Decision for the EAW on
March 3, 2009 that an Environmental Impact Statement(EIS)is needed to determine the project's
potential for significant impacts; and
WHEREAS,the City approved a Scoping Document for the Zavoral Mine and Reclamation Project
EIS on Apri121, 2009; and
WHEREAS,the City will not proceed with the preparation of the EIS until Tiller has agreed and
committed to pay for the preparation of the EIS; and
WHEREAS, it is in Tiller's best interest that the preparation of this EIS for the Zavoral Mining and
Reclamation Project proceed as quickly and expeditiously as possible ; and
WHEREAS,the City proposes to contract out for planning and engineering services leading to
completion of an the EIS,and
WHEREAS, Tiller and the City desire to complete the EIS before September 30, 2010 and have
agreed to proceed with the EIS;
NOW, THEREFORE, it is mutually agreed as follows:
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ARTICLE I—COST PARTICIPATION
Tiller shall make payments to the City in advance for the full costs of staff administrative and city
consultant costs to review and work with the consultant for the planning and engineering services to
be performed in the preparation of the Proposed Zavoral Mine and Reclamation Project EIS.
Planning, consulting and engineering services to prepare the EIS will include, among other things:
gathering and analysis of data required to complete the EIS as described in the Final Scoping
Document and consultant contract; preparation of a draft EIS; the public and agency involvement
process;review of the draft EIS for compliance with state and federal rules and clarity;preparation of
answers to questions or comments raised at the public meetings held concerning the EIS and
administration necessary to the complete the final EIS.
ARTICLE II—PAYMENT AND REIMBURSEMENT
Section A. Determination of Costs
It is contemplated that all of the required planning,consulting and engineering services will be
performed under City service contracts on a fee basis. City costs will be those actually incurred,
including staff time, consistent with Minnesota Rules 44160.6200.
Section B. Reimbursement Method
Tiller shall pay to the City$150,000.00 on the date of the execution of this Payment and
Reimbursement Agreement. This $150,000.00 and additional payments to be made will be deposited
and accounted for separately from all other City accounts and shall be used only for the purpose of
paying for City costs,planning, consulting and engineering services related to the preparation of the
EIS.
Upon receipt of invoices for services rendered in preparation of the EIS, the City will reimburse itself
from the deposit made by Tiller. Tiller will be provided with copies of invoices or other
documentation as may be appropriate to document the use of the deposited funds, on approximately
the 15`h of each month. When expenditures from the initial account and any additional incremental
payments cause the account to be drawn below the sum of$20,000.00,the City will notify Tiller that
an additional incremental payment is required. Tiller will make additional payments to the City
within 15 days following receipt by Tiller of notice from the City. The amount of additional
incremental payments will be $50,000.00 each. If Tiller does not make a payment,the City has the
right to suspend services of the consultant until funds are received. Tiller agrees to be responsible for
any time limits under MEPA or other law during the period of suspension, or any additional costs that
might be incurred due to the suspension.
Section C. Final Pavment
Upon completion and acceptance of the services by the City, and preparation of a final invoice,the
City shall compute the amount due over and above what remains in the account. Tiller shall pay to
the City the additional costs within 30 days of receiving the final invoice. If there is a balance in the
account, then the City shall pay Tiller the remaining funds within 30 days.
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► , . .
ARTICLE III—TERMINATION
It is agreed by and between the City and Tiller that the EIS process may be terminated at the sole
discretion of Tiller provided the payment and reimbursement obligations of Tiller, as specified in
Articles I & II above, are met. Any such termination does not negate Tiller's obligation to reimburse
the City for any costs incurred to date by the third-party consultant and all City costs, including staff
and City consultant costs and costs to close out the third-party contract.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly
authorized officers.
RESOLVED FURTHER,that for the sake of convenience these resolutions may be executed in two
or more counterparts, which together shall constitute one instrument.
CITY OF SCANDIA TILLER CORPORATION, INC.
By: gy.
Dennis Seefeldt
Mayor Its:
City of Scandia
By:
Anne Hurlburt
City Administrator
City of Scandia
3