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8.b) Staff Report-TillerScandiaMine2015AOPStaffReport2 17 15Memorandum To: Scandia City Council Reference: Tiller Corporation—Annual Operating Permit Application for Scandia Mine Copies To: Kristina Handt, City Administrator Mike Caron, Tiller Corporation Christina Morrison, Tiller Corporation Kirsten Pauley, Sunde Project No.: 15744.001 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: February 11, 2015 SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 17, 2015 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West; all that part of the south half of the Northwest Quarter of Section 35,Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60 -DAY PERIOD: March 25, 2015 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; Subconsultant reports and agency comments An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia City Council Reference: Tiller Corporation—Annual Operating Permit Application for Scandia Mine Copies To: Kristina Handt, City Administrator Mike Caron, Tiller Corporation Christina Morrison, Tiller Corporation Kirsten Pauley, Sunde Project No.: 15744.001 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: February 11, 2015 SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 17, 2015 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West; all that part of the south half of the Northwest Quarter of Section 35,Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60 -DAY PERIOD: March 25, 2015 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; Subconsultant reports and agency comments An employee owned company promoting affirmative action and equal opportunity Scandia City Council Tiller Scandia Mine 2015 AOP Page 2 February 17, 2015 BRIEF DESCRIPTION OF THE REQUEST: Tiller Corporation has applied for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and currently operates under Conditional Use Permits (CUP's) granted by the City on May 20, 2008. The Tiller mine site previously operated under a CUP issued by Washington County when the County exercised land use authority within New Scandia Township. Permitted activities included the mining and processing of aggregate, the production of hot -mix asphalt, and the recycling of concrete and asphalt products. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 31 each year, so that permits can be approved before the start of the mining season in that year. The applications for the Scandia Mine Site since 2010 have included both the Tiller site and the adjacent site that was formerly the Dresel Mine site. The former Dresel site is south of the Tiller site. Tiller purchased the Dresel site in 2009 and is operating both sites. The City issued a CUP for mining and processing at the Dresel site on May 20, 2008. As the Owner of both sites, Tiller needs to comply with the conditions of both the Tiller and Dresel CUP's. Issues and compliance with each are discussed in this report. The City Council approved a CUP and an AOP for Tiller's Zavoral Mine Site on February 19, 2013. Tiller began operations at the Zavoral Site in the fall of 2013. Tiller and its operators transported aggregate materials from the Zavoral Site (Class "C" add rock) to the Scandia Mine site for storage and processing during the 2013 and 2014 mining seasons. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Regulation of Mining and Related Activities, which is Chapter 4 of the Development Code. The Ordinance requires review of the following items for the AOP: 1. The operating conditions of the previous year and conditions required by the CUP's for the Tiller and Dresel sites. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. CONDITIONAL USE PERMIT REQUIREMENTS Tiller Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing at the Scandia Mine site for Tiller Corporation on May 20, 2008. The conditions included the items noted on the table below. Tiller's performance is also indicated on the table and in the text sections that follow: I Scandia City Council Tiller Scandia Mine 2015 AOP Page 3 February 17, 2015 Condition Deadline Status Specified in CUP 1. Comply with CUP Ongoing In process --monitored by City staff and consultants. 2. Comply with Rules and Ongoing In process --monitored by City staff and Regulations consultants. 4. Permits from CMSCWD None specified Received July 10, 2008 and on file at the City. CMSCWD Administrator commented that the site complied with the permit in 2014. 5. Installation of three July 20, 2008 The required monitoring wells were installed Monitoring Wells in 2008. One well was taken out of service in 2011 to accommodate reclamation activities (MW -2). Tiller has sealed this well and will revise the groundwater monitoring plan to reflect the change. Monitoring results for 2014 were provided with the AOP application and reviewed by Leggett, Brashears, and Graham, Inc. (LBG), the City's groundwater consultant. 6. Ground Water July 20, 2008 Plan was approved in the fall of 2008, and is Monitoring on file. Tiller revised the plan as required in the 2013 AOP conditions. 7. Excavation below water May not begin Excavation into the water table began in table before August 20, 2009. CUP permits mining into ground water 2008 to a depth of 50 feet. Excavation into the groundwater table occurred in 2013 to a depth of 15 to 20 feet. Tiller did not mine into the groundwater table in 2014, but may do so in 2015 . Water level data is collected on an ongoing basis and submitted to the City. Water level data has been submitted for this application, and LBG's review and comments are discussed in the section on Groundwater Monitoring. 8. Production Well July 20, 2008 Production well records are being kept by Records Tiller Corp. and are available to the City. Water use at the site in 2014 was 1,163,806 gallons. The DNR Water Appropriation Permit for the site allows up to 20 million gallons to be used each year --18 million gallons per year for washing, and 2 million gallons per ear for dust control. 9. Ground Water Analysis None specified Groundwater samples were analyzed for - DRO and GRO DRO. No gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. Monitoring results were included with the application and reviewed by LBG. Monitoring was completed in accord with the 7 Scandia City Council Tiller Scandia Mine 2015 AOP Page 4 February 17, 2015 Condition Deadline Status Specified in CUP 1. Comply with CUP Ongoing monitoring plan, and identified no DRO or other ground water concerns. 10. Map of Index Well Sites July 20, 2008 Map was provided to the City on August 28, 3. Comply with rules and Ongoing 2008. 11. Asphalt Plant Setback Ongoing Setback has been maintained as required by from Lake the CUP. 12. Lake Depth Ongoing Application indicates that the depth of excavation will not exceed fifty feet below the water table, per the CUP. Excavation depth to date is approximately 15-20 feet into the groundwater table. Excavation occurred below the water table in 2013; no additional excavation occurred in 2014. 13. Truck Signage and July 20, 2008 Washington County has posted Lofton and Roadway Cleaning Manning Avenues per County requirements. Tiller has posted signs on 218th Street and at Lofton Avenue to restrict trucks from using 228`" Street per City of Scandia requirements. The signs were in place at the City site visit in 2014. 14. Lofton/Highway 97 July 20, 2008 Tiller restricts importing add -rock from Lofton Intersection Avenue during non -daylight hours per the CUP requirements. Issues related to Lofton/Highway 97 intersection are discussed below. 16-19. Updated July 20, 2008 Included in application materials; discussed Reclamation Plan below. 20. Letter of Credit/Security Due before AOP The financial guarantees are current. approval 21. AOP Application January 31, Application submitted on January 23, 2015 Submittal annually and determined to be complete. Dresel Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Dresel Contracting, Inc. on May 20, 2008. Tiller Corporation now owns and operates this site, and therefore must also comply with the conditions of the Dresel CUP. Condition Deadline Status Specified in CUP 1. Comply with CUP Ongoing In process --monitored by City staff and consultants. Complaint received related to berms at site is discussed below. 3. Comply with rules and Ongoing In process --monitored by City staff and regulations consultants. i Scandia City Council Tiller Scandia Mine 2015 AOP Page 5 February 17, 2015 Condition Deadline Status Specified in CUP 4. Permits from CMSCWD None specified Received July 10, 2008 and on file at the City. 5. Installation of Monitoring July 20, 2008 Installed in May, 2008. Groundwater Wells Plan was updated to reflect changes to monitoring well MW -2 in 2013. Site complied with plan in 2014. 6. Revise Proposed July 20, 2008 City approved a maximum mining depth Conditions Plan Pit at 922 feet-amsl at the Dresel site, Elevations ensuring three feet of separation between the floor of the mine and the water table surface during high water table conditions, based on monitoring results. 7. Ground Water Monitoring July 20, 2008 Approved in October, 2008 and on file at Plan the City. 8. Revise Site Plan to include July 20, 2008 Provided to City on August 28, 2008. Index Wells 9. Identify Bench Mark July 20, 2008 Established at top of Well Casing MW -1. Elevation 10. Ground Water Analysis - None specified Samples are analyzed for DRO when DRO and GRO mining activity is occurring. No gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. No DRO or other contaminants detected in 2014 monitoring. 11. Signage on 218th and Ongoing Signage was installed and meets the Roadway Cleaning CUP requirements; inspected by City staff during 2014 site visit. 12. Truck Cleaning Ongoing Trucks must meet requirements for cleaning per CUP. No issues identified in 2014. 13. Delineate Northern Wetland None specified Wetland report and delineation completed. Buffer marked by September 15, 2008. Complaint received regarding encroachment into wetland in late 2014. Discuss in text section, below, and conditions included for site inspection in 2015. 14-17. Updated Reclamation July 20, 2008 Reclamation Plan revised as part of Plan combined Reclamation Plan submitted for the Tiller site with the AOP application. 18. Letter of Credit/Security Before AOP Financial guarantees are current. approval 19. AOP Application January 31 Application submitted on January 24, 2014, and determined to be complete. 1 Scandia City Council Tiller Scandia Mine 2015 AOP Page 6 February 17, 2015 OPERATING CONDITIONS - EVALUATION FOR THE AOP Site Operations - Background Information The Tiller mine site includes several parcels, as indicated on the Site Plan (Figure C-1). Excavation activities in 2010-2011 removed material between the Tiller site and former Dresel Mine site, merging the two sites into one. Tiller mined both sites in 2014. The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the production of hot - mix asphalt and reclamation activities. The overburden is removed from areas to be mined, and stockpiled on the site for use in reclamation activities. The Scandia Mine operated in past years on a seasonal basis from mid-April to mid-November, depending on weather conditions. The opening of the Zavoral Mine has extended operations at the Scandia Mine into the winter months to handle material transported from the Zavoral Mine. The Applicant indicated that the mining activities at the site will continue to operate as they have in the past during the 2015 mining season, and will occur on both the Tiller and Dresel sites. Proposed active mining areas are indicated on the Site Plan (sheet Cl). Mining will occur in both the east and west portions of the Scandia mine and in the northern portion of the Dresel site. Processing activities will also occur at the site in 2015. Tiller anticipates transporting additional class "C" add rock material mined at the Zavoral Site to the Scandia Mine site in 2015. While class "C" add rock is transported to the Scandia site from the Zavoral site, no class "C" add rock will be transported to the site from other mine sites. The applicant must comply with the conditions included in the Zavoral Mine and Reclamation Project AOP relating to truck hauling and related conditions that impact the Scandia site. Mining into the groundwater began at the site in 2009. This activity has been described in the previous mining plans for this site, and was evaluated in the Environmental Assessment Worksheets completed for the Tiller site in 1987 and 1999. Excavation depth to date is approximately 15-20 feet into the groundwater table, through the end of the 2014 mining season. (The CUP allows mining into the groundwater to a maximum depth of 50 feet.) The AOP application indicates that additional mining into the groundwater table did not occur in 2014, but may occur in 2015. The asphalt plant at the site is equipped with a bag -house air pollutant collection device, and operates under a Minnesota Pollution Control Agency (MPCA) Air Emissions Permit. Storage tanks as the site (for fuel and asphalt cement) are regulated by the MPCA. The main access routes to and from the site are Manning Avenue (County Road 15) and Lofton Avenue (County Road 1). Both Manning and Lofton are paved. The haul road from Manning Avenue is paved through the site to the hot -mix asphalt plant and loading area. Annual Activity The application generally includes the data required by the ordinance regarding annual activity on the site, as follows: I Scandia City Council Tiller Scandia Mine 2015 AOP Page 7 February 17, 2015 2013 2014 The amount of material removed from the site: 180,000 Tons 215,600 Tons Amount of add -rock brought onto the site: 121,000 Tons 363,620 Tons (327,120 tons of class C add -rock from Zavoral mine; 36.500 class A and B and D add -rock) Recycled asphalt and concrete brought to the site: 55,000 CY 50,000 CY Average number of trips to and from the site each day: 137 Trips/day 238 Trips/day* *The 2013 AOP requires Tiller to report the numbers and source of trucks hauling Class C add - rock from the Zavoral Mine site and other sites to the Scandia Mine site quarterly to ensure that additional truck traffic does not result from the Zavoral Site at peak demand concurrently with other sites. The 2015 AOP application for the Scandia Mine states that hauling materials from the Zavoral Mine to the Scandia Mine occurred during the first quarter of 2014 and fourth quarter of 2014. Approximately 6,324 truckloads of class C add -rock were hauled to the Scandia Mine from the Zavoral Mine during the first quarter. Approximately 6,014 truckloads of Class C add -rock were hauled to the Scandia Mine from the Zavoral Mine during the fourth quarter. No other Class C add -rock was hauled to the Scandia Mine during the first and fourth quarters of 2014. The Planner has included the condition requiring reporting the number and source of trucks hauling Class C add -rock from the Zavoral Mine and other sites to the Scandia Mine site in the proposed 2015 AOP conditions for the Scandia Mine. Tiller needs to report the number of trucks on a quarterly basis rather than averages. The Site Plan included in the application (sheet Cl) shows the areas proposed for active mining and reclamation activity in 2015. Ground Water Monitoring Plan and Monitoring Issues The approved Groundwater Monitoring Plan for the site is on file at the City. The City's groundwater consultant, Legette, Brashears, and Graham, Inc. (LBG) reviews the ground water monitoring results each year for the AOP and provides comments to the City. LBG Analysis and Recommendations Based on 2014 Monitoring Data LBG reviewed the data and analytical reports from the monitoring wells on the Tiller site that were submitted with the application. LBG's comments noted the following: The well hydrographs have been updated to include the 2014 results. A copy is attached. 2014 groundwater monitoring was completed in accordance with the approved monitoring plan. Diesel Range Organics (DRO) were not detected above the method detection limit in the samples collected in Sept 2014. These and other groundwater chemistry results indicate no concerns; Groundwater flow direction across the site is generally to the north and consistent with previous submittals; Groundwater levels in the monitoring wells across the site rose approximately 1.5 feet in 2014 because of recharge to the aquifer from precipitation. The long-term and seasonal fluctuations are caused by local and regional water table fluctuations and are unrelated to mining activities; I Scandia City Council Tiller Scandia Mine 2015 AOP Page 8 February 17, 2015 The anomalous spikes in the water levels measured on May12th in PZ -6, and on June 18th in PZ -3, PZ -5 and PZ -6 appear to be the result of incorrect measurement data recorded in the field by Tiller staff. No excavation below the water table occurred in 2014. This is in compliance with the conditions of the CUP and Groundwater Monitoring Plan which allows no more than 50 feet excavation into the water table. LBG provided a hydrograph that illustrates the groundwater elevations on the site from 2008 to September 2014 as part of their analysis (attached). Setbacks The AOP application indicates that the minimum setbacks are maintained as follows: 50 feet from the adjoining property line 200 feet from an existing occupied structure 100 feet from residential property boundaries of 5 acres or less 100 feet from any road right-of-way The setbacks meet the requirements of Ordinance No. 103. City inspection during 2014 indicated that the setbacks were maintained and meet City requirements. Fencing The application indicates that the majority of the site is fenced with 3 -strand wire fencing, except where prohibited due to topography, heavy vegetation and wetlands. There are locking metal gates at both entrances. The fencing meets the intent of the City's Ordinance. City staff reviewed the fencing during the site visits in October, 2014, and verified that it meets the requirements of the Ordinance and CUP. Hours of Operation The site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays. The Applicant is required to obtain the City's permission for any extended hours in accordance with procedures set in Ordinance No. 103. The applicant noted that extended hours were not requested in 2014. Screening The application describes screening at the site, and notes that trees have been planted in the past to screen site activities. The City received a complaint from a resident in late 2014 that the berming is no longer sufficient along 218th Street due to additional excavation in the former Dresel mine site, and indicated that mining activity is visible from 218th Street. Tiller's 2015 AOP application noted that a berm was removed adjacent to 218th Street to accommodate final reclamation. However, the City's Mining Ordinance requires that active mining activities be screened "to minimize impacts on surrounding properties" by providing a continuous screen along roadways and the perimeter of the site. Staff site visits indicated that some mining activity is now visible from 218th Street. I Scandia City Council Tiller Scandia Mine 2015 AOP Page 9 February 17, 2015 The Planner has included a condition for 2015 that the applicant shall modify the berm currently under construction on the Roth property (see Reclamation section, below) and add conifers to screen all mining activities from view to comply with the City's Mining Ordinance. Dust Control Major haul roads are hard -surfaced or covered with asphalt millings as dust control measures. The application indicates that the Applicant uses a water truck to control dust on unpaved portions of the site, and calcium chloride is applied to provide dust generated by trucking activity. The applicant indicated that these actions were implemented in 2014 and will be continued as needed in 2015. The CUP does not require additional dust control efforts. The City did not receive complaints about dust control at the site in 2014. Noise The Applicant must comply with all Federal, State, and City noise standards. Noise Complaints The City received two complaints related to truck noise at TH 97 and Lofton in 2014. One complaint was related to the numbers of trucks using TH 97. The numbers of trucks were within the CUP requirements for both average and peak numbers in 2014. Another resident complained about loud brake noise on two haul trucks. Tiller followed-up with the contractor, and the two trucks were removed from the haul until repairs had been made to address the excess noise generated during braking. Depth of Excavation The CUP requires that the depth of excavation shall not exceed fifty feet below the water table (865 feet above mean sea level). In previous years, mining has occurred into the groundwater table to a depth of approximately 15-20 feet. The 2015 AOP application indicates that additional mining into the water table may occur in 2015. Excavation must be within the limits permitted in the CUP. Site Clearance Site clearing occurred in 2014 near the common mining border of the Scandia and Dresel mines. Site clearance issues in this area are discussed in the Screening section, above. Additional clearing is not anticipated in 2015. Appearance/Condition The City's site inspection in 2014 confirmed that the site and facilities are maintained in a neat condition. Sanitary Facilities The application indicates that site is served by individual sanitary facilities that meet the requirements of the City's Ordinance and the Mine Safety and Health Administration. City staff inspection confirmed that the City's requirements were met in 2014. I Scandia City Council Tiller Scandia Mine 2015 AOP Page 10 February 17, 2015 Waste Disposal The application indicates that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. The City's site visit in 2014 confirmed that the Applicant is meeting the requirements of the CUP. Water Quality Monitoring Plan The CUP required that Tiller Corporation complete a plan for groundwater monitoring within 60 days of approval of the CUP (July 20, 2008). The approved ground water monitoring plan was completed and is on file at the City. Tiller submitted monitoring results for 2014 with its application for the 2015 AOP. LBG reviewed the ground water monitoring activities and reports, and indicated that the applicant is completing the required monitoring in compliance with the CUP; LBG did not recommend a change in conditions for the 2015 AOP. Fuel and Chemical Storage The application describes fuel and chemical storage at the site. The applicant notes that these materials are stored in accord with Federal and State standards and County requirements. On- site fuel storage consists of a 1,000 -gallon above -ground storage tank which is located within a concrete secondary containment area and a 500 -gallon above -ground double -walled tank located next to the standby electrical generator. When production or reclamation crews are present, an additional 1,000 -gallon double -walled tank is brought to the site and used to fuel the equipment for those operations. All asphalt -cement storage tanks are above -ground. This includes two -40,000 gallon tanks and one 20,000 -gallon tank. The storage meets the requirements of the CUP and agency standards. City staff reviewed the facilities with Tiller staff at the 2014 site visit. Contingency Response Plan The application indicates that the site operates under a Spill Prevention, Control and Countermeasure Plan (SPCC) Plan that was submitted and is on file at the City. Processing The CUP application describes the operation of permanent processing equipment on the site, and indicates that the equipment is operated in accordance with Federal, State and City air quality, water quality and noise standards. The CUP requires that the asphalt plant and related structures be set back at least 100 feet from the shore of the proposed lake on the site. Site visits in 2014 verified that the processing facilities meet the setback requirements of the CUP, and no violations of permits were reported in 2014. Trucking Operations The application indicates that truck operations have access to County Road 15 (Manning Avenue) and County Road 1 (Lofton Avenue), which are paved roads. The City received complaints regarding the trucking operations related to transport of material from the Zavoral Mine site to the Scandia Mine in 2014. The complaints and responses are discussed in the staff report for the Zavoral Mine 2015 AOP application. I Scandia City Council Tiller Scandia Mine 2015 AOP Page 11 February 17, 2015 The Planner's proposed conditions for the Scandia Mine 2015 AOP include the same conditions related to the TH 97 and Lofton intersection as the Zavoral Mine AOP. The proposed conditions for the 2015 Scandia Mine AOP also include the same condition included in the 2014 AOP that Tiller inform all contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: Engine braking is prohibited in Scandia Lofton Avenue is restricted to daytime use only Loads are required to be covered Asphalt Plant The site operates a permanent hot -mix asphalt plant that was in operation at the time the City adopted its mining ordinance. The plant operates under an air quality permit issued by the MPCA and must meet federal, state and city air, water and noise standards. The City received no complaints regarding the operation of the asphalt plant in 2014. Reclamation Plan The applicant submitted a Reclamation Plan with the AOP application that combines the Tiller and Dresel site reclamation plans. Section 8.4 of the City's Mining ordinance requires the following for reclamation areas: All banks must be graded or backfilled; Graded or backfilled areas shall be surfaced with soil of a quality at least equal to the topsoil of areas immediately surrounding, to a depth at least four inches; The topsoil shall be planted with trees, shrubs, legumes or grasses Slopes shall not be steeper than 4:1 Section 8.2 of Ordinance 103 requires the "restoration shall proceed concurrently and proportional to actual mining operations, and will be subject to review and approval at each annual inspection and at the end of the permit period." This section is included in the ordinance to ensure that: Large areas of the site are not left in an unreclaimed state, encouraging erosion, dust and weed establishment The mining operation is making an ongoing investment in reclamation, to avoid potential problems that may occur at the end of the mining operation if a large investment is needed in reclamation, and the applicant's resources are limited at that point, or the applicant abandons the site. Reclamation activities in 2014 included the final reclamation of the Roth property at the southeast corner of the site, and included bringing suitable fill material to the area just north and west of the common mining border between the Scandia Mine and former Dresel Mine. The application noted that the screening berm along 218" Street, which contained topsoil, was removed and utilized for reclamation. A new berm running north -south is undergoing construction just to the west of the newly -reclaimed area on the Roth property. A discussion related to Screening is included a above, with a proposed condition that berms be placed and trees planted to screen mining activities in this area. The reclamation activity meets the requirement of the CUP. 7 Scandia City Council Tiller Scandia Mine 2015 AOP Page 12 February 17, 2015 Relationship of Application to Zavoral Mine EIS On February 19, 2013 the City Council approved a CUP and an AOP for the Zavoral Mine and Reclamation Project. The approved CUP and AOP include conditions regarding the Class "C" add rock that will be mined at the Zavoral Site and transported to the Scandia Site. The potential impacts of those activities were described and analyzed in the Zavoral Mine and Reclamation Project EIS. The EIS found that the activities will not have significant impacts, but recommended mitigation actions to be included as conditions in the CUP to address potential impacts. The Zavoral Mine CUP includes two conditions related to the truck hauling between the Zavoral Site and the Scandia site. The conditions relate to hauling add -rock and reporting crashes that involve trucks serving the mine sites. Tiller reported on those conditions in the 2015 AOP application for the Zavoral Mine, and their operations in 2014 met the AOP requirements. Tiller transported 6,324 truckloads of Class C add -rock from the Zavoral mine to the Scandia mine in 2014, and did not transport Class C add -rock from other mines to the site. One crash involving trucking operations for the mine operations was documented in 2014, when a passenger vehicle was unable to stop on a slippery roadway and hit a truck. The vehicles did not file an accident report. The Planner has included the proposed conditions from the 2014 AOP in the conditions for the Scandia Mine AOP in 2015. Complaints Regarding Site Operations The city received 3 complaints about operations on the Dresel site in 2014, from a single commenter. The complaints concerned the following: Wetland on the Dresel site and required buffer Mining into groundwater Berming along 218th Street The berm issue and proposed conditions are discussed under "Screening," above. The groundwater section of this staff report discusses the CUP conditions that permit mining into the groundwater at the Scandia Mine. The applicant has complied with the CUP conditions. The complaint noted a concern related to potential impacts to wetlands and required buffers at the site. The WCD reviewed the complaint, and provided the following comment: "This comment relates to two wetlands that are on the southern portion of the mining operation that was formerly subject to the Dresel Permit and labeled on sheet C1 of Tillers AOP application as the Dresel Mine. Sheet C1 "Site Plan "shows two wetlands, one labelled PSS 1B and one labelled PUBGx. It is my understanding that there should be a 50 foot buffer around these wetlands and this buffer is shown on the Site Plan. However, based on the contours on the Site Plan, there has clearly been grading within this 50 foot buffer. Additionally, based on a review of the aerial image in Figure 1 of the AOP application as well as a review of an aerial image from Google Earth dated 10/11/2014, there appears to be grading within the area delineated as wetland PUBGx. 1 checked historic aerial imagery as far back as 1938 and a wetland was historically present in the location of wetland PUBGx. A wetland delineation completed in 2008 shows a wetland in the location of PUBGx. Therefore, impacts to this 7 Scandia City Council Tiller Scandia Mine 2015 AOP Page 13 February 17, 2015 wetland may be subject to the regulatory requirements of the Wetland Conservation Act (WCA). Additionally, a review of documentation related to the past Dresel Mine permits indicates that a replacement wetland was to be constructed in the area that is shown on the Site Plan as "2015 Potential Reclamation Activity. " 1 would recommend that as part of the approval, a site visit occurs to document the presence/absence of wetland PUBGx, to document the compliance with wetland buffer requirements, and to review the site for the presence of the replacement wetland that was part of the Dresel Mine permit. Additionally, if PUBGx has been impacted and is subject to WCA regulation, procedures to ensure compliance with the WCA should be initiated. The Planner has included a condition that the WCD shall complete a site visit during 2015 to document the wetland and buffer conditions on the site, and determine whether the mining activities have violated wetland regulations or the CUP. The WCD should report its findings to the City, and work with the CMSCWD and other agencies as needed to address wetland issues at the site_ SITE INSPECTION City staff completed a site visit to the Tiller Corporation Scandia Mining Operation on October 23, 2014, including documenting conditions on the site in site photos. Findings from the site visits are noted where appropriate in the items above. ACTION REQUESTED: The City Council can: 1. Approve the AOP; 2. Approve the AOP with conditions; 3. Deny the application if it is found that the request is not consistent with the Comprehensive Plan, CUP, AOP Criteria, and Mining Ordinance, and is not in the best interest of the community; 4. Table the request if the Council needs additional information to make its decision. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the Tiller Corporation 2015 AOP for sand and gravel mining and related processing at the Scandia Mine, 22303 Manning Avenue North, with the following conditions: 1. The applicant shall continue to provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non - pumping conditions during monitoring periods. 2. Requests for operating hours or haul routes outside those specified in the Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by staff. I Scandia City Council Tiller Scandia Mine 2015 AOP Page 14 February 17, 2015 3. The applicant shall modify the berm under construction on the Roth property and add conifers on the berm to screen all mining activities from view to comply with the City's Mining Ordinance. 4. The applicant shall inform all of its contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: Engine braking is prohibited in Scandia Lofton Avenue is restricted to daytime use only Haul loads are required to be covered 5. The City or its consultant shall complete a 14 -hour video log of the TH 97 and CR 91 (Lofton Avenue) intersection in 2015, to observe traffic, trucking operations, and identify potential safety issues. The consultant shall provide a summary of observations to the City and identify any issues or problems. 6. The applicant shall regularly monitor the entrances and exits to the site, and work with their haulina contractors and truck drivers to improve compliance with traffic laws. 7. If the City documents that haul trucks are not complying with traffic regulations at the TH 97 and Lofton Avenue intersection, or entrances or exits from the Scandia Mine, the City may require that trucks cease use of the TH 97 and Lofton intersection, and must use the TH 97 and Mannino Avenue intersection for haul trips. 8. The Reclamation activities shall meet the requirements of the Conditional Use Permit, including soil and planting requirements. 9. 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 Class "C" add - rock to the Scandia Mine to the City quarterly, to ensure that additional truck traffic does not result from hauling from the Zavoral Site at peak demand concurrently with other sites. The applicant shall submit annual truck number and source reports with the Annual Operating Permit application. 10. If the applicant has knowledge that 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. 11. The WCD shall complete a site visit during 2015 to document the wetland and buffer conditions on the site, and determine whether the mining activities have violated wetland regulations or the CUP. The WCD should report its findings to the City, and work with the CMSCWD and other agencies as needed to address wetland issues at the site. The applicant shall comply with federal, state and local wetland regulations on the site. 12. The applicant shall pay all fees and escrows associated with this application. 13. This Annual Operating Permit shall expire on March 31, 2016. I Scandia City Council Tiller Scandia Mine 2015 AOP Page 15 February 17, 2015 ACTION REQUESTED: Staff request that the Council review this report and approve the AOP at the meeting on February 17, 2015. 7