6.a) Cnditional Use Permit for Zavoral Mine and Reclamation Project, East of the Intersection of TH97 and TH95, Scandia, MN. Applicant Tiller Corporation. CITY OF SCANDIA,MINNESOTA
PC RESOLUTION NO.
APPROVING A CONDITIONAL USE PERMIT FOR THE ZAVORAL MINE AND
RECLAMATION PROJECT
WHEREAS, Tiller Corporation("Applicant")has applied for a Conditional Use Permit
(CUP)to operate the Zavoral Mine and Reclamation Project("Project")on a property owned by
James Zavoral,located east of the intersection of State Trunk Highway 97 and State Trw�k
Highway 95 ("Site"); and
WHEREAS, the Property is located in Washington County, Minnesota and legally
described in Attachment A; and
WHEREAS,the Applicant submitted an application for a CUP for the Project to the City
or,November 25,2008, including the required Environmental Assessment Worksheet(EAW);
and
WHEREAS,the Site proposed for the Project is located within the Agriculture(AG)
Zoning District in the City's 2020 Comprehensive Plan and related Development Code,and
those were the adopted Comprehensi ve Plan and regulations at the time of the application; and
WHEREAS,the City reviewed the EAW for the project and the City Council approved
ihe Findings of Fact and Record ofDecision for the EAW for the Project on March 3,2009 that
concluded that an T nviro�nmental lmpact Statement(EIS)was needed to determine the project's
potential for significant environmentai impacts; and
WHEREAS,the City Council approved a Scoping Decision Document for the EIS on
April 21,2009,hired a consultant to complete the EIS,and established a Project Advisory
Commit[ee for the EIS in De�ember, 2009;and
=�,.
WHEREAS,the Apl�lidant revised the project to eliminate all aggregate processing
activities at the Site,and based on the revised Project,the City conducted a formal Scope
Amendment Process and approved a Revised Scoping Decision Document for the Project in
January 2010; and
WHEREAS,the City and its consultant completed the Zavoral Mine and Reclamation
Project EIS to meet the requirements of Minnesota Rules 4410,and the EIS concluded that if the
mitigation recommendations included in the EIS were implemented that the Project will not have
significant environmental impacts;and
WHEREAS,the City Council approved the Findings of Fact and Record of Decision that
found that the Zavoral Mine and Reclamation Project EIS was adequate to serve as the
environmental review for the Project because it met the criteria set forth in Minnesota Rules
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Page 2 of 12
4410.2800 and the requirements of Minnesota Statutes Chapter 116D on September 25,2012;
and
WI�REAS,the Applicant submitted a revised application for the Conditional Use
Permit for the Project on October 9,2012 and the City determined that it was complete for
review on October 23,2012;and
WHEREAS,the Planning Commission held a public hearing on the Project on
December 4 and December 12,2012;and
WHEREAS, the Planning Commission recommends that the Project be implemented as
described for Altemative 1/3/or 3A in the Zavoral Mine and Reclamation Project EIS;and
VV�IEREAS,Planning Commission's findings related to the request for approval of the
Conditional Use Permit include the following:
1. The Project meets the Criteria for approval of a CUP included in the City's Mining
Ordinance No. 103:
• The property size meets the ordinance requirement.
• The Project meets the standards for approval of a conditional use permit included
in Chapter One of the Development Code.
• The Project is consistent with the goals and policies of the City's 2020
Comprehensive Plan.
• The application complied with all rules of the Minnesota Environmental Quality
Board Environmental Review Program,and completed the required
environmental review to comply with State Statutes and Rules.
2. When the mitigation recommendations included in the Zavoral Mine and Reclamation
Project EIS and the conditions included in the CUP are implemented,the project will
meet the Provisions and Performance Standazds included in Ordinance No. 103:
• The Project meets the requirements for protection of groundwater,includes the
required Groundwater Quality Protection Plan,and monitoring.
• The Project will obtain the required permits for air quality,noise,water quality.
rare species and roadway access.
• The Project includes the required surface water protection plan that addresses
ongoing monitoring,accident response and remediation,and will obtain the
required surface water management and erosion control permits from the MPCA
and Carnelian-Marine-St.Croix Watershed District.
• The Project includes the required Dust Control Plan that when implemented,will
meet MPCA requirements for dust control.
• If all mitigation and monitoring requirements are implemented,the Project will
meet the MPCA standards for noise.
• The Project adequately addresses the required operating conditions identified in
Ordinance No. 103.
3. The Project's Reclamation Plan exceeds the requirements of Ordinance No. 103.
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4. The conditional use is in compliance with and will not have a negative effect upon the
City's 2020 Comprehensive Plan,including the public facilities plan and capital
improvement plan.
5. The establishment,maintenance and operation of the conditional use will promote and
enhance the general public welfare and will not be detrimental to or endanger the public
health,safety,morals or comfort.
• When the required mitigation and monitoring are implemented,the traffic
generated by the Project will be controlled to prevent congestion,hazards and
excessive traffic through residential areas.
• When the required mitigation and monitoring are implemented,the Project will
meet the MPCA standards for hazardous materials,noise,air and water pollution.
• The Project will have some economic benefit to the community and the Twin
Cities region,and will provide a resource that is critical to the maintenance and
development of infrastructure,buildings and other products that are needed by
Scandia and Twin Cities residents.
6. The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted and will not substantially diminish
or impair property values or scenic views.
• When the required mitigation and conditions are implemented,the Project will
meet the ordinance and regulatory requirements for traffic control,environmental
hazards,noise,air,surface and ground water management,and will not
significantly affect the use and enjoyment of properties in the vicinity.
• There is no available factual evidence that the implementation of the Project will
substantially diminish or impair property values.
• When the required mitigation is implemented,the Project will not diminish or
impair scenic views.
7. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district.
I • Uses permitted in the zoning district include agricultural uses,low-density
residential,parks,recreation and open space. With the implementation of the
required mitigation and conditions,the establishment of the Project will not
impede the orderly development and improvement of surrounding property for
those uses.
8. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
9. The conditional use will conform to the applicable regulations of the district in which it is
located,and all other applicable standards of the Development Code if the mitigation
recommendations of the EIS and conditions of the CUP are implemented.
10.The conditional use complies with the general and specific performance standards of the
development code.
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA,WASHINGTON COUNTY,
MINNESOTA,that it should and hereby does recommend that the City Council approve the
Applicant's request for a Conditional Use Permit for the Zavoral Mine and Reclamation Project
Resolution No.:
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located on the Site east of the intersection of State Trunk Highways 95 and 97,with the
following conditions:
1. The Conditional Use Permit is granted only for the Project identified in the plans and
application submitted to the City on November 14,2008,and revised and resubmitted on
October 9,2012.
2. The applicant shall comply at all time with the City's ordinances and all applicable rules and
regulations of Federal,State,County and local agencies,including the Carnelian-Marine-St.
Croix Watershed District,and shall maintain existing permits granted by those agencies for
all operations at the site.
3.—The maximum depth of mining shall be 840 feet above mean sea level(amsl).Data included
in the EIS indicates that the averase separation between the maximum depth of minine and
existingground water level is 25 feet or more. The Citv shall monitor and renort�round
water levels on the site on an annual basis to the Minnesota Department of Natural
Resources.T�.• •„ e e ,,.: ��sn� �.,, ,,.e,...n...�F
3.
4 No mininp for silica sand("frac sand mining"1 shall be permitted durins this Proiect.
4:5. No dewatering shall be permitted.
�-G. Daily pumping from the Zavoral Site Well shall not exceed 10,000 gallons at a maximum
pumping rate of 1,200 gallons per minute. Annual pumping shall not exceed 1 million
gallons.
I Er.7__The applicant shall keep records of when the Zavoral Site Well is pumped,and provide
the records to the City,WCD,Washington County Department of Public Health and
Minnesota Department of Natural Resources for groundwater monitoring activities. The
records shall document both the daily use and total annual pumped volume from the Zavoral
Site Well.
� �.-8__The applicant shall revise the Groundwater Quality Protection Plan(GWPP)(October
2012)to address the corrections and issues identified in the Leggette,Brashears,and Graham
Inc.(LBG)letter to the City dated November 15,2012.
� �-9;_The applicant shall revise the locations of the proposed borings and monitoring well as
requested by LBG.
I �10._The applicant shall install groundwater observation wells or piezometers-d�
^°'��on the mine site in locations approved bv the Citv. The applicant shall
coordinate the number and locations of the observation wells and/or piezometers and
frequency of monitoring in consultation with the City and its consultants.
� �-(l:l l_The City's consulting hydrogeologist shall make scheduled site visits to download
groundwater monitoring data and collect manual measurements. The hydrogeologist shall
evaluate the data and report the results to the City at least annually with the AOP application,
or more frequently if the consultant identifies issues or problems during the monitoring
activity.
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I -�-12. The City shall review and evaluate the GWPP on an annual basis or more frequently if a
significant change in the groundwater conditions occurs. The applicant shall modify the
GWPP as needed to address identified concerns.
� -1-�:13. If diesel fuel is stored at the site,the applicant shall sample and analyce groundwater for
diesel range organics. If gasoline is stored at the site,gasoline range organics and benzene
shall be added to the analyte list.
� �?-14. The applicant shall meet Federal, State and City requirements for storage of fuels on the
site.
I �4:]5. Equipment fueling for the Project shall be conducted in a designated area over a hard-
surfaced fueling pad.
I -1�16. The applicant shall provide spill cleanup equipment on-site.
�:l 7. The applicant shall obtain the required agency permits for stormwater management,and
provide to the City copies of the permits approved by the Carnelian-Marine-St.Croix
Watershed District(CMSCWD)and the Minnesota Pollution Control Agency.
� 1�:I g._The applicant shall obtain the required Air Emissions Permit from the Minnesota
Pollution Control Agency,and provide a copy of the approved permit to the City.
� �z�-19_The applicant shall obtain an Endangered Species Take Permit before removing any
Butternut(Juglans cinerea)trees identified on the site,if the Minnesota Department of
Natural Resources(DNR)reclassified Butternut trees from a Special Concern to Endangered
species.
� �4:20. The applicant shall comply with the"Summary of Recommendations for Avoiding and
Minimizing Impacts to Blanding's Turtles Populations"included in Appendix C of the
Zavoral Mine and Reclamation Project EIS. T"��"�''�`�'-�„..���,��~~~':^~��Tiller
Corooration shall provide the Citv or its consultant with its BlandinQ's Turtle Standard
Operating Procedures Quidelines for review and comment;,
..i: �.,..wo r:.. F...�.v o o �F.t,o n., .,i �*; rt n :.i n nn�The CitY oT its
consultant will conduct annual site visits to verifv compliance.
�21. The applicant will inspect all trees for raptor nests prior to tree clearing. Trees with
active nests may not be cleared while the nest is actively used.
� �22. The applicant shall implement the Best Management Practices(BMP's)included in the
Storm Water Pollution Prevention Plan(SWPPP)(July,24,2012), Surface Water Plan
(October 2012),and CMSCWD permit to protect surface waters and manage erosion and
sedimentation.
� 2z23._The applicant shall construct the proposed berm on the south end of the Site as close to
the mining and reclamation limits as possible to reduce off-site peak flow rates.
� �24. The applicant shall minimize the amount of unnecessary equipment on the Site and
reduce soil tracking by off-site by vehicles.
� ?4-25.._The applicant shall monitor all on-site construction equipment for leaks and complete
regular preventive equipment maintenance. Fueling and maintenance of vehicles shall occur
within the area of active mining and no"topping off'of vehicle fuel tanks is allowed.
Resolution No.:
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I �26__Any above-ground storage tank(AST)at the Site shall be located more than 500 feet
from surface waters.
� �Fi:27_The applicant shall notify the Minnesota Pollution Control Agency of all AST's within
30 days of installation by submitting an AST Notification Form.
� ??.-24__The City or its consultant shall monitor the potential impacts of mining activities on the
water resources at the site on behalf of the City. The monitoring locations,protocols,and
methodology shall be specified in the AOP. The City shall submit all status reports and
ground and surface water monitoring reports to the CMSCWD and the Minnesota DNR.
29.The City or its consultant shall monitor the WCD monitoring point installed for the EIS
pump test that gathers baseline data in Zavoral Creek for the lifetime of the project.
Monitoring shall include water qualitv and quantitv parameters.
30 The Cit�or its consultant shall install a monitoring station downstream of Crvstal SnrinQs in
arder to isolate potential effects due to mining from other effects to due unrelated activities
within the watershed The Citv or its consultant will analvze the data to determine the effect,
if any�to the sprinQs due to the Zavoral Mine operation,and identifv anv neeative imnact.
?�31. The Citv or its consultant shall complete an annual field review of the wetland boundaries
of wetlands within the proiect area including black ash seepage swamns(Wetlands A,B,and
C as shown in the CCES wetland delineation report dated Januarv 14,2011),to determine if
the minin�activities have anv imnact on the wetlands. The review shall occur within the
�rowin�season as defined bv the U.S.Armv Corps of Eneineers Wetland Delineation
Manual(North Central and Northeast ReQional Supnlement),and shall be coordinated with
the apnliGant and when active minin�overations are occurrin�.
�4-32_The applicant shall obtain the required Minnesota Department of Transportation
(Mn/DOT)Access permit(TP 1721)for the Project.
( 38:.33. The applicant shall construct the new driveway access directly across from TH 97 as
required by Mn/DOT for safe access.
I 3�34. T'he applicant shall construct a new north-bound right-tum lane as required by Mn/DOT
(letter to the City of Scandia,January 22,2009). The design of the right-turn lane shall be
consistent with the design of the existing left-turn lane.
35.The City or its consultant shall complete traffic monitoring of the Project. The traffic
monitoring protocol and requirements shall be identified in the AOP.
F--- Formatted:List Paragraph,Space After: 0 pt,
3-�-36. The Citv shall request that Mn/DOT complete sneed studies in the followinQ locations: 1) No bullets or numbering
on TH 95 north and south of TH 97�on TH 97 near the Scandia Elementarv School; and on
TH 97 near the intersection with Countv Road 91 (Lofton Avenue).
�3-:37,_The applicant shall record and report the numbers of trucks hauling Class C add-rock
from the Zavoral Mine site and the number and source location of trucks hauling add-rock to
the Scandia Mine to the City quarterly to ensure that additional truck traffic would not result
from hauling from the Zavoral Site at peak demand concurrently with other sites. The
Resolution No.:
Page 7 of 12
applicant shall submit annual truck number and source reports with the Annual Operating
Permit application.
� �4:3�. The applicant shall construct the fence included in the Project plans prior to beginning
mining operations,and shall maintain the fence until reclamation is complete.
� ��39. The hours of operation and hauling shall be conducted only between 7 a.m.and 7 p.m.,
Monday through Friday,excluding Federal holidays,during daylight hours,or one hour
before sunrise and one hour after sunset during seasons when daylight is not available
between 7 a.m.and 7 p.m.,unless the City authorizes other hours or days of operation.
� �H:�10. The applicant shall coordinate any proposed berm removals associated with Project
completion with the City.
I �:41. The applicant shall implement the Dust Control Plan(dated 10/8/12 and updated
/12),including all activities proposed during stripping,grading and active mining
operations.
� �.42._The applicant shall utilize non-chloride agriculturally derived organic polymers or
naturally-occurring polymers on internal haul roads to control dust. The applicant shall
review the coverage of the material on a regular basis,and reapply the polymers if they are
no longer effective.
� =�9-a3_The applicant shall water unpaved haul roads on the site,including milled portions,at
least twice daily,unless recent precipitation is keeping these roads wet;and more frequently
as needed during hot,dry conditions.
I48:44. The applicant shall wash hauling and loading equipment on a regular basis.
45.The applicant shall complete sweeping activities using vacuum-assisted sweeping equipment
or similar equipment that ensures that sweeping operations do not generate visible airborne
emissions.
4�-46. The applicant shall verform emplovee exposure monitorine or similar onsite testin�at the
site at least once per season and submit the results of the testine(with emplovee personal
information redacted)to the Citv for review. Monitoring shal be specific for respirable dust
and respirable silica shall include mining loading and haulingpersonnel and shall represent
worst-case exposure conditions.
4-?47. The City and its consultants shall perform periodic on-site review and monitorins of dust
control activities to assure compliance with this permit. The monitoring locations,protocols
and methodology shall be specified in the AOP.
� �3:48. The Dust Control Plan and air monitoring procedures shall be reviewed and updated as
necessary on at least an annual basis with the AOP application.
44:49__The applicant shall implement the berms and screens proposed in the site plan.
45:50. Trucks shall not idle on the site and approach area for more than 30 minutes.
4Er.5]. The City and its consultant shall complete noise monitoring at the Project site. The
monitoring locations,protocols and methodology shall be specified in the AOP.
Resolution No.:
Page 8 of 12
� 4�52. The applicant and owner shall cooperate with the City and allow access to the site as
necessary to conduct noise monitoring.
4.�53. If the noise levels at the Project exceed State Standards for any of the testing,the
applicant will identify and take corrective actions to bring the noise levels into compliance.
The Citv mav order additional testing to confirm that the Proiect is in comnliance.
4�.54. The applicant shall require that all Tiller-owned equipment on the site use broadband
alarms and haul trucks shal]utilize a circular traffic pattem or other traffic pattern to the
extent feasible that minimizes the need for haul trucks to back up on the site.
� $8:55. The applicant shall ensure that on-site Tiller-owned equipment is properly muffled and
shall inspect mufflers on the on-site equipment on at least a weekly basis and document
inspections.
� 56.The applicant shall ensure that the mining plan will minimize any time when the noise from
the on-site eyuipment and haul trucks are operating without noise mitigation from berms
and/or the mine face.
$�-57. The applicant shall complete the clearin�of previously-unmined areas during the winter
to minimize noise impacts.
�:54. The applicant shall recycle debris created by clearing,grubbing and excavation,or
dispose of stumps,trees and debris in another manner approved by the City.
I 53.59_The applicant shall maintain the mine site and equipment in an orderly condition. Weeds
shall be controlled in planted and reclaimed areas. Existing trees,berms and topsoil along
existing public rights-of-way shall be preserved,maintained and supplemented as proposed
in the Site Plan and Reclamation Plan.
� �4 60. The applicant shall provide and maintain portable sanitary facilities to serve the site and
shall meet all applicable standards and regulations for wastewater disposal.
I s�.61. The applicant shall dispose of any waste generated from the mining operation,including
waste from vehicles or equipment maintenance,in accordance with Federal,State and City
requirements.
I 3H:62. The applicant shall meet Federal,State and Local requirements for storage of fuels on the
site.
� ��63. The applicant shall fund improvements to the existing pedestrian/bicycle trail along State
Scenic Byway Trunk Highway 95 in the mine area,and maintain connections to existing
trails.
I �8:64. If the proposed trail on TH 97 is developed while the Zavoral Mine is operational,the
applicant shall fund signage for the trail crossing on TH 95.
I $4:G5. Within 60 days of the approval of the CUP,the applicant shall prepare and provide to the
City an updated reclamation plan(revising the Reclamation Plan dated October 9,2012),
which includes performance standards identified in the conditions that follow for approval by
the City. Reclamation on the site shall be implemented in accordance with the updated
reclamation plan.
Resolution No.:
Page 9 of 12
I (�9:66_Reclamation shall proceed concurrently and proportionally to mining operations.
Progress on reclamation shall be demonstrated in each AOP application.
E>1:67. The applicant shall use clean,non-contaminated fill material and topsoil for all
reclamation.The applicant shall use sandv subsoil available at the site with added or�anic
soil amendments for reclamation topsoil. The applicant shall successfully establish
permanent native vegetation in reclaimed areas as per the schedule,extents and methods as
provided in the Zavoral Reclamation Plan and Zavoral Reclamation Plan Topsoil and Prairie
Establishment Memorandum(October 3,2011)by CCES.
� Er?:6R. Reclamation success shall be defined as follows:
• 90%areal coverage of vegetation for each reclaimed area,within 3 years post seed
installation;
� Q�o� ..F,._....:....... ....... ..,,., o,,..wo e_a..c.,.���+
���a�����"����� �''����-��'��--��a�~��Non-native and invasive�lant species(as defined
and listed by the Minnesota DNR)and potentiallv-aggressive native plant soecies(Rhus
spp.And Juniverus virginianal shall account for no more than 20%cover of the
reclaimed areas;
• The reclaimed areas shall contain at least 50%of the species for both grasses and forbs
contained in the specified seed mixes at the end of the 5`t'growing season,post seed
installation;
• Aggressive native species and invasive non-native species,as listed in the Zavoral
Reclamation Plan by CCES,shall account for no more than 20%cover of the reclaimed
areas at the end of the 5�'�owing season,post seed installation.
69.Vegetation establishment and monitoring shall continue for a period of 5 years after
completion of the Zavoral Mine Project,in its entirety. _
t--- FormatLed:Indent:Left: 0.25", No bullets or
Fi�70. The Citv shall monitor the transnlantation of trees to ensure a survival rate of at least 80% numbering
for all transplanted trees. The Applicant shall�rovide the Citv with the quantity,location,
species andpr000sed maintenance plan for all trees transplanted as part of the reclamation.
Survival rates of less than 80%will require replacement of the dead trees bv the applicant.
Replacement tree species will be selected in consultation with the Citv and its consultant and
a�proved by the Citv.
� H4.71. The applicant shall submit annual reclamation monitoring reports to the city,on or before
November 1,that describe the reclamation activities that occurred in the specified year,and
the status of ail reclaimed areas. The appiicant shall provide detailed information such as
percent coverage of vegetation,species composition,etc.,pertaining to compliance with the
performance standards,as provided above. If the reclaimed areas do not meet the
performance standards,the applicant shall include corrective action plans in the reclamation
monitoring report.
� 6-5-72. If the City determines that a reclaimed area has not met the vegetative performance
standards listed above,the city shall order corrective action(s)including,but not limited to,
reseeding,overseeding,spot seeding,or other actions so that the reclamation meets the
criteria for success. The specific corrective actions may be dependent on site conditions.
Resolution No.:
Page 10 of 12
The city will determine the appropriate actions in consultation with its consultants,the
applicant,and other experts, as necessary.
� F�(r.7�. The City and its consultants shall complete monitoring of reclamation activities on the
site on behalf of the City. Monitoring locations,protocols and methodologies shall be
specified in the AOP.
I (�-:7�{. The applicant shall provide funds to conduct all reclamation monitoring on the site.
I F�%5. Final reclamation shall include removal of any equipment and backfilling and seeding the
operations area.
� Fi�%6. Approval of the reclamation plan shall not constitute an approva] by the City of Scandia
of an ultimate use for the site. Ultimate use shall be determined based on the Scandia
Comprehensive Plan and ordinances in effect at the time the mining is complete and
applications for development of the site may be submitted.
I �8-77. The applicant shall maintain existing woodlands and scree��ing outside the mine area
limits.
� �78. The applicant shall establish a maximum stockpile height of 880 feet above mean sea
level. Stockpiles shall not be located on the west side of the site.
I �-79. Traffic generated by the Project shall not exceed the maximum levels analyzed in the EIS
for the selected altemative(AIte�7iatives 1 or 3--600 round trips per day; Subalternative 3A--
736 round trips per day).
� ��:80. All truck traffic generated by the project shall utilize TH 97,TH 95,CR 15(Manning
Avenue)and CR 1 (Lofton Avenue). No truck traffic shall be permitted on local streets.
Trucks shall not back onto roadways.
I �4.81. The applicant shall install truck warning signs that comply with the Minnesota Manua(on
Uniform Traffic Control Devices(MMUTCD)on State Scenic Byway TH 95 to advise
drives of trucks crossing TH 97 in and out of the Zavoral Site.
� �-5-�2. The applicant shall provide parking for all employees and visitors within the site.
Circu]ation and parking shall minimize internal and externai traffic conflicts.
I �Er.33. If the applicant has knowledge of a crash or traffic violation occurs involving a truck
hauling for Tiller,Tiller shall contact the City to report the incident immediately. The
applicant shall report actions it will take to respond to the incident.
� ��.-34. All lighting on the site shall be hooded or controlled and meet the requirements of the
City's Development code. Lighting shall be limited to the hours of mine operation. Lighting
shall be arranged to deflect light away from any adjoining residential property or from public
streets.
!
Resolution No.:
Page 11 of 12
I �4:45._The applicant shall obtain the required sign permits for all signs proposed at the site.
� ?�-:36. The applicant shall pay all costs associated with site monitoring activities identified in
this permit and the AOP including,but not limited to monitoring of traffic,air quality,noise,
ground water and surface water,and the costs of equipment,installation,site visits,data
collection,data analysis,reporting,maintaining compliance and all other costs associated
with all of the monitoring activities identified in these conditions.
� �:�7._The applicant shall cooperate with the City and provide access to the site as needed to
conduct the monitoring activities required by this permit.
� sa�R8. The applicant shall provide a final,corrected copy of the Application materials and plan
sheets to the City within 60 days of approval of the CUP.
� 89.The applicant and owner shall enter into a Developer Agreement with the City. The
developer agreement shall specify that the project will be implemented to comply with
�ltemative�t#3 in the EIS. The Aereement shall�ecif�that all Pro�ect activities shall be __,,- r�maecea:Foncwior:siack,NotHghlght
completed within 3.5 vears from the authorized Project start date, identified in the AOP, _� Fprmatted;Font cobr:Black
including site preparation clearine aggreeate mining and transportinQ of mined materials.
Reclamation activities and monitoring shall continue after com�letion of the mininQ
activities,as snecified in this nermit.
�90. The Agreement shall include a financial guarantee acceptable to the City to assure
compliance with the rec]amation plan,and provide for an escrow that the City will use to pay
for monitoring and reporting activities.
I �:91. The applicant must apply for and obtain an Annual Operating Permit from the City.
�4:9?. The applicant shall,within 60 days of the date of this resolution,provide to the City an
Irrevocable Letter of Credit or other security satisfactory to the City in the amount of
$ to guarantee the completion of the reclamation plan and the performance of its
obligations set forth by this permit. The City may require the amount of this security to be
adjusted in future years based on inflationary increases in construction and monitoring costs,
or upon re-evaluation of the needs for reclamation,as a condition of approval of an Annual
Operating Permit. Future reductions in this security shall be made as provided by the
ordinance. The City may allow reductions in portions of the Letter of Credit or other security
for completed and approved reclamation on a five-year basis.
I5-5:93. The applicant shall pay all fees and escrows related to this application.
Adopted by the Scandia Planning Commission this 2nd day of January,2013.
Christine Maefsky,Chair
ATTEST:
r
Resolution No.:
Page 12 of 12
1Cristina Handt,Administrator/Clerk
�
Zavoral Mine and Reclamation Project
Scandia Planning Commission Page 48 December 4, 2012
Potential Conditfons for the AOP—REVISED FOR 1.2.13 DISCUSSION
Wafer Quality mor►itorin.q
� The City, its consultants and the Technical Evaluation Panel shall annually review the
wetland boundaries of all wetlands within the project area(Wetlands A, B and C as
shown in the CCES wetland delineation report dated January 14, 2011)to determine if
mining activities have any impact on the wetlands, including the black ash seepage
swamps. The timing of the field review shall occur within the growing season, as defined
in the North Central and Northeast Regional Supplement to the U.S. Army Corps of
Engineers Wetland Delineation manual, and shall be coordinated with the applicant and
occur when active mining operations are in effect.
• If a change to any of the wetland boundaries is observed that cannot be attributed to
climatic influences or other local disturbances, the City shall require that quantitative
monitoring (including, but not limited to,the installation of shallow monitoring wells and
piezometers) be initiated for atl wetlands within the project area. This monitoring could
include the installation of wetland hydrology monitoring equipment along multiple
transects across each wetland boundary. The City may conduct this comp�ehensive
monitoring to verify whether the Zavo�al Mine is causing the changes to the wetlands. If
the City determines that the Zavoral Mine is impacting the wetlands, the quantitative
data will be used by the City in consuftation with the Technical Evaluation Panel to
prepare a Restoration Order and calculate the required replacement for unpermitted
wetland impacts.
• The applicant shall provide the wetland delineation boundary data to the City or its
consultant in a Geographic Information System format(such as an ArcGIS shapefile)
that was obtained as part of the wetland delineation conducted by Critical connections
�cological Services (CCES) in October, 2010.
• The WCD shall complete twice annual macro-invertebrate monitoring on Zavoral Creek
and report the results to the City annually for use during the review of the AOP for the
project.
� The WCD shall collect and analyze the data from the monitoring stations on Zavoral
Creek and below Crystal Springs to determine the effect, if any, to surface waters due to
the Zavoral Mine operation. The WCD shall notify the City is a negative impact is
identified. The results of the analysis shall be provided at least annually to the Cit�r for
use during the review of the AOP for the project.
Dust ControUAir Qualitv
• The applicant shall perform employee exposure monitoring on this site at least once per
season and submit the results(with employee personal information redacted)to the City
for review with the AOP application submittal. The monitoring shall be specific for
respirable dust and respirable silica, shall include mining, loading and hauling personnel,
and shall represent worst-case exposure conditions.
• The applicant shall limit vehicle idling times for the site and approach area to no more
than 30 minutes.
1
i
Zavoral Mine and Reclamation Project
Scandia Planning Commission Page 49 December 4, 2012
• The City shall establish air monitoring stations at a minimum of five locations: upwind of
mining and loading operations, downwind of mining and loading operations, at the site
entrance, downwind of the site entrance, and downwind of one location on the haul
route. The City may establish additional monitoring locations based on City or public
concerns.
. The air quality monitoring plan shall include the collection of the following samples at
each sampling location: Airborne particulate matter PM10 (monitor using a fibrous
aerosol monitor fitted with a PM10 impactor); Respirable dust(using cyclones/37mm
PVC cassettes and lab analysis[NIOSH method 0600/7500; mod OSHA 10-142]);
Respirable silica, quantitative (using cyclones/37mm PVC cassettes and lab analysis);
Diesel particulates{37 Quartz Fiber NIOSH 5040) and Nitrogen dioxide (TEA Tude,
OSHA ID-1820; or equipment and methods that meet current OSHA or State standards.
• The City and its consultant shall analyze and compare the air monitoring results to
current State and Federal Ambient Air Quality Standards, ACHiG TLV or OSHA PELS or
current applicable standards.
• If sample results indicate levels above generally accepted or mandated action levels, the
applicant shall stop all work on the site, review operating procedures and modify Project
operations as necessary to reduce emissions. The City shall complete additional
monitoring immediately after new procedures are in place to confirm that an acceptable
reduction in emissions has occurred.
Noise
• Noise monitoring shall include identification of one or two worst-case representative
�esidential locations for each phase of mining and conduct at least one hour of
monitoring at each location during operations in the moming and one hour of monitoring
during operations in the aftemoon annuafly.
• Noise monitoring shall include at least one hour of monitaring at a represer�tative
location along the Scenic Riverway annually during mining operations.
• A noise monitoring event will be conducted within three weeks of the beginning of each
mining phase,weather permitting, and once per operating month thereafter. Monitoring
shall be conducted in accord with Minnesota Rules.
• The City shall notify residents of monitoring periods and request access to properties as
necessary to conduct monitoring activities.
• If monitoring results indicate levels above state standards, the applicant shall stop all
work on the site, review operating procedures and modify Project operations as
necessary to reduce noise to permitted levels. The City shall complete additional
monitoring immediately after new procedures are in place to confirm that an acceptable
reduction in noise has occurred.
1
Zavoral Mine and Reclamation Project
Scandia Planning Commission Page 50 December 4, 2012
Reclamation Plan
• The applicant shall submit to the City monthly reclamation activity progress reports
during the growing season for the first two years post-seed installation of reach
monitoring area in addition to the annual monitoring reports.
• The WCD shall inspect the Project site on an as-needed basis, as requested by the City,
to ensure cflmpliance with the reclamation-related conditions of the CUP and the Zavoral
Reclamation Plan. The applicant shall pay the costs to review the reclamation plan and
conduct site visits.
• The WCD shall monitor the transplanted trees. The applicant shall achieve a survival
rate of at least 80%for all transplanted trees. The applicant shall provide the city with
the quantity, location, species, and proposed maintenance plan for all trees transplanted
as part of the Reclamation Plan. The applicant shall replace tress as needed to achieve
the 80°/a survival rate. The City and WCD shalf approve fhe selection of replacement
tree species.
Traflic
• The City's consultant shall complete a 14-hour video log of the TH 97 and 95
intersection that shall include the new access to the Zavoral site and count the nurnbers
of trucks entering and exiting the site. The City's consuftant shall review the log, and wil
provide a summary of the observations related to traffic operations to the City, and
identify any issues or problems related ta the canditions required for operations. If
issues are identified, the City may order additional video traffic coun#s.
• The City shall review the crash records for the roadways in the area that will be used for
truck-hauling to identify areas every six months, to identify safety issues. The City shall
contact MnlDOT to discuss safety issues if ident�ed.
Adopted by the Scandia City Council this_"'day of February, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
7
� ,
Addressing Mr. Scott Alexander's
Recommendations
� Groundwater Conditions of CUP
Za
voral Mine and Reclamation Project
Preparedfor
City of Scandia Pianning Commission
January 2, 2013
> Dave Hume, M.S., P•G•
> Leggette, Brashears & Graham, Inc.
1
'
_ _ �
/
Sc
ott Alexander's Recommendations
> Recommendation 3
reading it
��Improve the distribution of sto ble and inc easing
over as large an area as poss
evapotranspiration by re-vegitation. Au�a reduce, but
concentrated recharge areas. Th�ait onal blow outs."
not eliminate, the potential for ad
�� focused, or point
■ Storm water will not be highly
recharge..." Therefore, water level increases in
concentrated areas will not occur.
� ■ Re-vegitation will be completed during reclamation.
■ The "catastrophic collapse of sediments exVe pl�fied
by blow out area... " This is very speculat
6
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