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:
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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
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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.
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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.
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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:
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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;
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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