9.a Discussion on Resolution 03-19-19-03 approving the Annual Operating Plan for the Tiller Scandia mine
Memorandum
To: Scandia City Council Reference: Tiller Corporation— 2019 Annual
Operating Permit Application for
Scandia Mine
Copies To: Neil Soltis, City
Administrator
Christina Morrison, Tiller
Corporation
Kirsten Pauley, Sunde
Engineering
Project No.: 17122.001
From: Merritt Clapp-Smith, Planner Routing:
Date: March 6, 2019
SUBJECT: Tiller Corporation, Inc. – 2019 Annual Operating Permit (AOP)
Application for a Mining and Processing Operation
MEETING DATE: March 19, 2019
LOCATION: 22303 Manning Trail. Lengthy legal description provided in
application Attachment 1.
APPLICANT: Tiller Corporation
P.O. Box 1480
Maple Grove, Minnesota 55311
60-DAY PERIOD: March 29, 2018
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application, Plans and Related Submittals; subconsultant and
agency comments, site visit findings
BRIEF DESCRIPTION OF THE REQUEST:
Tiller Corporation has applied for its 2019 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
(CUPs) 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 City Council
Tiller Scandia Mine 2019 AOP Page 2 March 19, 2019
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, to enable permits to 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 former Dresel Mine site to the south. 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 CUPs. Issues and compliance with each are discussed in this report.
EVALUATION OF THE AOP REQUEST
The Applicant is requesting an Annual Operating Permit (AOP) for a mining and processing
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 CUPs 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 that follows. Tiller’s performance is indicated on the table
and in the text sections that follow:
There were no issues identified in 2018 on the Tiller Mine site.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 3 March 19, 2019
Condition Deadline
Specified
in CUP
Status Notes
1. Comply with CUP Ongoing + In process--monitored by City staff and
consultants
2. Comply with
Rules and
Regulations
Ongoing + In process--monitored by City staff and
consultants.
4. Permits from
CMSCWD
None
specified
* The CMSCWD Board renewed Permit 08-
003 for the Tiller permit in February 2019.
5. Installation of
three Monitoring
Wells
July 20, 2008 + The required monitoring wells were
installed in 2008. One well was taken out
of service in 2011 to accommodate
reclamation activities (MW -2). Tiller has
sealed this well. Monitoring results for
2018 were provided with the AOP
application and reviewed by WSP, the
City’s groundwater consultant.
6. Ground Water
Monitoring
July 20, 2008 + The Ground Water Monitoring Plan was
approved in the fall of 2008, and revised
in 2013. The plan is on-file at the City.
7. Excavation below
water table
May not
begin before
August 20,
2008
+ Excavation into the water table began in
2009. The CUP permits mining into
ground water to a depth of 50 feet.
Excavation into the groundwater table has
occurred as follows:
2013 – to a depth of 15 to 20 feet
2014 – no mining into groundwater table
2015 – no mining into groundwater table
2016 – to a depth of 15 to 20 feet
2017 – no mining into groundwater table
2018 – no mining into groundwater table
2019 – excavation into the groundwater
table may occur.
Water level data is collected on an
ongoing basis and submitted to the City.
Water level data has been submitted for
this application, and WSP’s review and
recommended conditions are discussed in
the section on Groundwater Monitoring.
8. Production Well
Records
July 20, 2008 + Production well records are being kept by
Tiller Corp. and are available to the City.
Water pumped at the site in 2018 was
13,386,379 gallons. The DNR Water
Appropriation Permit for the site allows up
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 4 March 19, 2019
Condition Deadline
Specified
in CUP
Status Notes
to 20 million gallons to be used each year
--18 million gallons per year for washing,
and 2 million gallons per year for dust
control.
9. Ground Water
Analysis - DRO
(Diesel Range
Organics) and
GRO
None
specified
+ Groundwater samples were analyzed for
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 WSP. No DRO were detected in the
samples in 2018.
10. Map of Index Well
Sites
July 20, 2008 + Map was provided to the City on August
28, 2008.
11. Asphalt Plant
Setback from
Lake
Ongoing + Setback has been maintained as required
by 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 was approximately 15-20
feet into the groundwater table through
2018.
13. Truck Signage
and Roadway
Cleaning
July 20, 2008 + Washington County has posted Lofton
and Manning Avenues per County
requirements. Tiller has posted signs on
218th Street and at Lofton Avenue to
restrict trucks from using 228th Street per
City of Scandia requirements. The signs
were in place at the City site visit in 2018.
14. Lofton/Highway
97 Intersection
July 20, 2008 + Tiller restricts importing add-rock from
Lofton Avenue during non-daylight hours
per the CUP requirements.
16-19. Updated
Reclamation Plan
July 20, 2008 + Included in application materials;
discussed below.
20. Letter of
Credit/Security
Due before
AOP approval
+ The financial guarantees are current.
21. AOP Application
Submittal
January 31,
annually
+ Application submitted on January 28,
2019 and determined to be complete.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 5 March 19, 2019
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.
There were no issues identified in 2018 on the Dresel Mine site.
Condition Deadline
Specified
in CUP
Status Notes
1. Comply with CUP Ongoing + In process--monitored by City staff and
consultants.
3. Comply with rules
and regulations
Ongoing + In process--monitored by City staff and
consultants.
4. Permits from
CMSCWD
None
specified
* The CMSCWD Board renewed Permit
08-003 for the Tiller permit in February
2019.
5. Installation of
Monitoring Wells
July 20, 2008 + Installed in May, 2008. Groundwater
Plan was updated to reflect changes to
monitoring well MW -2 in 2013. The site
complied with plan in 2018.
6. Revise Proposed
Conditions Plan Pit
Elevations
July 20, 2008 + The City approved a maximum mining
depth at 922 feet-amsl at the Dresel
site, 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. WSP review and
recommendations are included for the
2019 AOP.
7. Ground Water
Monitoring Plan
July 20, 2008 + Approved in October, 2008 and on file
at the City.
8. Revise Site Plan to
include Index Wells
July 20, 2008 + Provided to City on August 28, 2008.
9. Identify Bench Mark
Elevation
July 20, 2008 + Established at top of Well Casing MW -1.
10. Ground Water
Analysis - DRO and
GRO
None
specified
+ Samples are analyzed for DRO when
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 2018
monitoring at the Dresel site.
11. Signage on 218th
and Roadway
Cleaning
Ongoing + Signage was installed and meets the
CUP requirements; inspected by City
staff during 2018 site visit.
12. Truck Cleaning Ongoing + Trucks must meet requirements for
cleaning per CUP. No issues identified
in 2018.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 6 March 19, 2019
Condition Deadline
Specified
in CUP
Status Notes
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. Mitigation and
replacement plan were completed and
approved by TEP panel and wetland
credits successfully withdrawn from the
BWSR Wetland Bank in 2016.
14-17. Updated
Reclamation Plan
July 20, 2008 + Reclamation Plan revised as part of
combined Reclamation Plan submitted
for the Tiller site with the AOP
application.
18. Letter of
Credit/Security
Before AOP
approval
+ Financial guarantees are current.
21. AOP Application
Submittal
January 31,
annually
+ Application submitted on January 28,
2019 and determined to be complete.
OPERATING CONDITIONS - EVALUATION FOR THE AOP
Site Operations - Background Information
The Tiller mine site includes several parcels, as indicated on the Site Plan. 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 2018. 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 operator brings portable crushing, washing, and
screening plants to the site periodically and these are used to process and stockpile materials.
The operator produces and sells asphalt throughout the construction season and delivers add-
rock materials to site as needed to produce required mixes and materials.
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. (The CUP allows mining into the
groundwater to a maximum depth of 50 feet.) Mining into the groundwater table occurred in
2013 and 2016, to a depth of 15-20 feet, and did not occur in 2014, 2015, 2017 or 2018. Mining
into the groundwater table may occur in 2019.
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.
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Tiller Scandia Mine 2019 AOP Page 7 March 19, 2019
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
2018 Activity. The application generally includes the data required by the ordinance regarding
annual activity on the site, as follows:
___2018 2017 ___
The amount of material removed from the site: 445,000 Tons 412,000 Tons
Amount of add-rock brought onto the site: 110,520 Tons 61,000 Tons
Recycled asphalt and concrete brought to the site: 50,000 Tons 30,000 CY
Average number of trips to and from the site each day: 242 Trips/day 195 Trips/day
2019 Activity. The 2019 application anticipates that mining and processing will continue at the
site in 2019. The level of activity will depend on market demand for the site products. The Site
Plan identifies the Potential Mining Areas for 2019, which are within the approved mining limits.
Reclamation: Ongoing reclamation activities are anticipated in the southern portion of the Site
and the area along the west perimeter near the common mining border during 2019. These
areas are shown on Figure 2, Site Plan as 2019 Potential Reclamation Activity.
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, WSP reviews the ground water monitoring results each year for the
AOP and provides comments to the City.
WSP Analysis Based on 2018 Monitoring Data
WSP reviewed the data and analytical reports from the monitoring wells on the Tiller site
submitted with the application. WSP’s comments note the following:
The 2018 groundwater monitoring was completed in accordance with the approved
monitoring plan;
DRO was not detected above the method detection limit in any of the other wells for
samples collected in Sept 2018. These results and the other groundwater chemistry
results indicate no groundwater quality concerns;
Groundwater flow direction across the site is generally to the north and consistent with
previous submittals; and,
Groundwater levels across the site in 2018 were 2 to 3 feet higher than they were in
2008. Levels did show a slight decrease 0.5 to 1.25 feet from November 2017 to April
2018. This decrease is the result of local and regional water table fluctuations unrelated
to mining operations.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 8 March 19, 2019
WSP Recommendation
Tiller should pay close attention to the groundwater levels across the site in 2019 to ensure the
minimum excavation elevation of 922 ft amsl (included in the CUP for the Dresel site) will not
extend below the water table in the event groundwater levels continue to rise.
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 2018
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 visit on October 9, 2018, 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.
Complaint: The City received a complaint from John Lindell on September 7, 2018 regarding
noise from the pit starting at 6:40 a.m., 20 minutes earlier than approved hours of operation.
Staff Comment: Hours of operation are intended to address noise and other activities at the site
related to regular mine activities that may be observable to surrounding properties. Some
special and routine maintenance may occur outside of regular hours of operation.
City Ordinance 103, Section 7.1,(3) addresses Hours of Operations and states:
“(3) Hours of Operation. Those portions of the mining operation consisting of excavating,
stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m.
and 7:00 p.m., Monday through Friday, unless other hours or days of operation are
specifically authorized by the City.”
The City approved extended hours for operation on 14 occasions in 2018. These occasions are
described on page 2 of the application. The city received no complaints about the activity
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Tiller Scandia Mine 2019 AOP Page 9 March 19, 2019
conducted during the extended hours. The above complaint occurred on a day that did NOT
have extended hours.
Screening and Berms
The mine is screened from surrounding areas by berms, wooded areas, and agricultural fields.
The operator has planted a large numbers of trees over the years of mine operation to augment
the screening. Processing and stockpiling operations are conducted in recessed portions of the
site to minimize visibility.
Complaint: The City received a complaint from John Lindell on Feb 20, 2019, regarding the
visibility of the pit from 218th Street and the inadequacy of the existing berm to screen the pit. It
was noted that visibility to the pit is greatest at an access road between the pit and 218th. It was
suggested that the access road is no longer used and should be closed and bermed.
Staff Comment: The City Administrator visited the site following the complaint and recorded
photos and videos of the area in question. These show a reasonable level of screening with
berming and vegetation, and minimal pit visibility.
Dust Control
Major haul roads are hard-surfaced or covered with asphalt millings as dust control measures.
The application indicated that Tiller used a water truck to control dust on unpaved portions of
the site, and calcium chloride was applied to minimize dust generated by trucking activity. The
applicant indicated that these actions were implemented in 2018 and will be continued as
needed in 2019. The CUP does not require additional dust control efforts. The City did not
receive complaints about dust control at the site in 2018.
Noise
The Applicant must comply with all Federal, State, and City noise standards.
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) on the Scandia Mine site, and may not be lower than 922 feet
above mean sea level (amsl) on the former Dresel Mine site. The depth of excavation at the
Scandia mine has been limited to a depth of 15-20 feet within the groundwater table in the past,
which complies with the limits permitted in the CUP. According to the application, in 2018,
excavation into the groundwater table did not occur. Excavation into the groundwater table is
likely to occur in 2019 based on availability of equipment. Water level data is collected on an on-
going basis and submitted annually to the City (see Table 1).
Complaint: The City received a complaint from John Lindell on Feb 20, 2019, stating that Tiller
should no longer be allowed to excavate into the groundwater.
Staff Response: The approved CUPs allow excavation into the groundwater to identified depths.
Site Clearance
Site clearing did not occur in 2018, but may occur within the areas identified on the site plan for
Potential Mining Activity in 2019. The areas are within the permitted mining limits.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 10 March 19, 2019
Appearance/Condition
The City’s site inspection in 2018 confirmed that the site and facilities are maintained in a neat
condition.
Sanitary Facilities
The application indicates that the 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 2018.
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 2018 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 2018 with its
application for the 2019 AOP. WSP reviewed the ground water monitoring activities and found
that no DRO (diesel range organics) were detected in the samples in 2018. The WSP report
states that “the 2019 AOP application meets the requirements.”
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 200-gallon above-ground storage tank which is located within a
steel secondary containment area and a 1,000-gallon above-ground double walled tank located
next to the standby electrical generator. When processing and/or reclamation crews are
present, an additional 1,000-gallon double walled tank is brought to the site and used to fuel the
respective equipment.
All asphalt cement storage tanks are above-ground. These tanks consist of two 40,000 gallon
tanks and two 32,000 gallon tanks. There is also a 20,000 gallon above-ground used oil storage
tank. The used oil is utilized as an alternative fuel supply for the asphalt plant. All tanks
containing asphalt cement and used oil are located within a concrete secondary containment
area.
All tanks are registered with MPCA’s Storage Tank Program. MPCA Site ID 51999 is for the
asphalt plant and MPCA Site ID 55016 is for the sand and gravel operation. City staff reviewed
the facilities with Tiller staff at the 2018 site visit.
Small amounts of chemicals utilized by the QM Lab are regulated by Washington County under
United States Environmental Protection Agency (EPA) rules. EPA ID Number MND 981 953 417
has been issued for the site which is classified as a Very Small Quantity Generator.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 11 March 19, 2019
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. The applicant
notes that the mine operator will comply with other such reasonable requirements that the City
may find necessary to adopt for the protection of health, safety and welfare and/or prevention of
nuisance.
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 equipment is screened from view from other
properties and adjacent roads. 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. The site visit in
2018 verified that the processing facilities meet the setback requirements of the CUP, and no
violations of permits were reported in 2018.
Recycling
Recycling at the site is permitted by Ordinance 103. Approximately 9,000 tons of recycled
concrete and approximately 10,000 tons of recycled asphalt pavement (RAP) was processed in
2018. Asphalt production used approximately 50,000 tons of RAP in 2018. Processed RAP is
used in asphalt production and recycled concrete is sold in various aggregate products.
A Solid Waste Storage Facility license that authorizes the storage of unprocessed concrete,
concrete products and brick and a Recycling Facility license that authorizes the storage and
processing of recycled asphalt products are issued to Tiller by Washington County. General and
Specific Conditions are established for each license and are reviewed on an annual basis and
may include an annual inspection completed by the County.
Trucking Operations
The application indicates that the site has access to County Road 15 (Manning Trail N.), County
Road 91 (Lofton Avenue N.) and 218th Street North. These are hard-surfaced roads. The
operator reported that the average number of trucks travelling to and from the site per day in
2018 was approximately 242 trucks per day.
The Planner’s proposed conditions for the trucking activities at Scandia Mine 2019 AOP are the
same as those included in previous AOP’s and require 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
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Tiller Scandia Mine 2019 AOP Page 12 March 19, 2019
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 2018.
Reclamation Plan
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 un-reclaimed 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 2018 included placement of overburden and suitable fill material on
portions of the slope along the west perimeter of the mining area, south of the Scandia
Mine/Dresel Mine common mining border. The completed and ongoing reclamation areas are
indicated on Figure 2, Site Plan.
Ongoing reclamation activities are anticipated in the southern portion of the Site along the west
perimeter near the common mining border during 2019. These areas are shown on Figure 2,
Site Plan as 2019 Potential Reclamation Activity. Some of the areas shown as potential
reclamation will also see active mining during 2019. Once mining is complete, reclamation may
advance into these areas during 2019.
The reclamation completed meets the requirement of the CUP.
Watershed District Comments
The Carnelian-Marine-St. Croix Watershed District reviewed the 2019 AOP application and
renewed the CMSCWD Permit 08-003 for the operation of Tiller Mine. CMSCWD set the term of
the permit to run until completion of mine activities, with some exceptions as identified in the
permit. The permit requires the applicant to complete the following activities on an annual basis:
1. Provide a copy of the annual AOP performance submittals for the City of Scandia, to the
watershed for review.
2. Coordinate a site inspection by the CMSCWD Administrator
3. Reimburse CMSCWD for all expenses associated with implementation of the permit.
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 13 March 19, 2019
SITE INSPECTION
City staff completed a site visit to the Tiller Corporation Scandia Mining Operation on October 9,
2018, including documenting conditions on the site. The site visit reviewed 2018 activities and
site conditions based on the CUP and 2018 AOP and discussed expected activity in 2019.
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 2019 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 comply with the conditions of the Conditional Use Permit for sand and
gravel mining and processing at the Scandia Mine site approved on May 20, 2008.
2. The applicant shall comply with site operation hours of 7 a.m. to 7 p.m. Monday through
Friday, except holidays, unless the applicant requests and receives the City’s permission for
extended hours in accordance with procedures set forth in Ordinance No. 103.
3. The applicant shall pay close attention to the groundwater levels across the site in 2019 to
ensure the minimum excavation elevation of 922 ft amsl (included in the CUP for the Dresel
site) will not extend below the water table in the event groundwater levels continue to rise.
4. The applicant shall provide the approximate depth of the excavation below the water table in
future annual reports to confirm the excavation did not go below the 865.87 feet amsl
threshold.
5. 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.
6. 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.
7. 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
Scandia City Council
Tiller Scandia Mine 2019 AOP Page 14 March 19, 2019
Lofton Avenue is restricted to daytime use only
Haul loads are required to be covered
8. The applicant shall regularly monitor the entrances and exits to the site, and work with their
hauling contractors and truck drivers to maintain compliance with traffic laws.
9. The Reclamation activities shall meet the requirements of the Conditional Use Permit,
including soil and planting requirements.
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 applicant shall pay all fees and escrows associated with this application.
12. This Annual Operating Permit shall expire on March 31, 2020.
ACTION REQUESTED:
Staff request that the Council review this report and approve the AOP at the meeting on March
19, 2019.
Sunde Engineering, PLLC.
10830 Nesbitt Avenue South • Bloomington, Minnesota 55437-3100
Phone: (952) 881-3344 • Fax: (952) 881-1913 • E-Mail: info@sundecivil.com
January 2019
2019 APPLICATION FOR THE
ANNUAL OPERATORS PERMIT
Scandia, MN
Consulting Civil Engineers
Tiller Corporation Page 1
2019 Annual Operators Permit Application
January 28, 2019
APPLICATION FOR ANNUAL OPERATORS PERMIT
TILLER CORPORATION
SAND AND GRAVEL MINING OPERATION
CITY OF SCANDIA
WASHINGTON COUNTY, MINNESOTA
January 2019
I. INTRODUCTION
The following Annual Operators Permit (AOP) application is submitted on behalf of Tiller
Corporation (Tiller) in compliance with the City of Scandia’s Ordinance No. 103 and Chapter
4 of the Development Code: Mining and Related Activities Regulations, Section 6, adopted by
the City of Scandia on August 28, 2007.
Tiller and its operating divisions, Barton Sand & Gravel Co. and Commercial Asphalt Co.
operates a gravel mining and processing operation including an asphalt plant within the City
of Scandia. The site has been actively mined since at least 1966. Prior to the incorporation of
Scandia in 2006, New Scandia Township and Washington County were the permitting
authorities. The City of Scandia adopted two resolutions on May 20, 2008 issuing Conditional
Use Permits (CUPs) for the site which is now comprised of the Tiller Mine and Dresel Mine.
II. ANNUAL REPORT
A. Operating Conditions
The site operates in accordance with operating conditions regulated by Section 7 of the
Scandia Ordinance 103.
1. Setbacks: No mining, stockpiling or land disturbance activities, with the exception of
screening and reclamation activities, are proposed to take place within the setback
areas. Minimum setback areas are maintained as follows:
a) 50 feet from an adjoining property line
b) 200 feet from an occupied structure existing on May 20, 2008.
c) 100 feet from any contiguous property subdivided into residential lots of 5 acres
or less
d) 100 feet from any road right-of-way.
2. Fencing: 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 all entrances to the site.
3. Hours of operation: The site is operated from 7:00 a.m. to 7:00 p.m. Monday through
Friday except holidays. Extended hours may be required periodically for situations
such as emergencies, accelerated work schedules or weather delays. In accordance
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2019 Annual Operators Permit Application
January 28, 2019
with procedures set forth in Ordinance No. 103, extended hours were requested and
approved in 2018. As part of the request for extended hours, Tiller asked to be
notified if the City received any complaints regarding the extended hours of
operations. Tiller did not receive any notice of complaints from the City or any
members of the public as a result of the extended hours.
Extended hours were approved and utilized to accommodate area projects on
fourteen separate occasions in 2018. There were a variety of reasons for the
requested extended hours. Rain delays and keeping local road projects on schedule
were the primary reasons for the requests.The majority of the extended hours
requests were to accommodate the road improvement projects in the City of Scandia
and were requested intermittently between the end of May through mid-September.
The requests included four early starts at either 5 AM or 5:30 AM for the asphalt
plant, one request for extended evening hours until 9:00 PM and two requests to
operate on Saturdays, generally between 7 AM and 4 PM. An additional five
extended hours requests were authorized to operate on Saturdays, generally
between 7 AM and 4 PM and one request to operate until 9:00 PM to keep a number
of CSAH projects located in Chisago County on-schedule, as well city street projects
located in Wyoming, Dellwood and Lake Elmo and the I-35 project in Forest Lake.
Lastly, there was one incident on June 29th when the power went out for a large
portion of Scandia, which affected the ability for the asphalt plant to shut -down
properly. A request for extended hours to operate the generator until 8:30 PM was
authorized in order to properly shut-down the asphalt plant.
4. Screening: Screening berms, wooded buffer areas and agricultural fields separate
the mining activity from surrounding properties. A large number of trees have been
planted in the past to screen site activities. Processing and stockpiling operations
are conducted in recessed portions of the site to minimize visibility.
5. Dust control: Major haul roads are hard surfaced and some roads are covered with
asphalt millings as dust control measures. A water truck is used to water unpaved
portions of the site to control dust. During periods of increased trucking activity,
calcium chloride or other approved dust suppressant is applied to provide additional
dust control. These practices will continue throughout 2019.
6. Noise: All activities are conducted so as to be in accordance with all Federal, State
and City noise standards.
7. Depth of excavation: Depth of excavation will not be lower than 922 feet above mean
sea level (amsl) for the property described in Resolution No. 05-20-08-02, approving
the Conditional Use Permit Application of Dresel Contracting for Sand and Gravel
Mining Processing. On the balance of the property, the depth of excavation below
the water table will not be lower than 865.87 feet amsl.
8. Site clearance: Site clearing activities did not occur during 2018. If clearing activity
occurs, it will occur within the 2019 Potential Mining Areas as depicted on Figure 2,
Site Plan.
Tiller Corporation Page 3
2019 Annual Operators Permit Application
January 28, 2019
9. Appearance/condition: All buildings, plants and equipment at the site are maintained
in a neat condition. Weeds and other unsightly or noxious vegetation are controlled
as necessary to preserve the appearance of the reclaimed areas.
10. Sanitary Facilities: The scale area is served by an individual sewage treatment
system. Portable sanitary facilities are provided in the operating areas as required
by the Mine Safety and Health Administration.
11. Waste Disposal: Waste generated from the operation is disposed of in accordance
with Federal, State and City requirements.
12. Water Quality Monitoring: A plan for groundwater monitoring has been developed
and approved in conjunction with the monitoring wells placed in 2008 and the CUP
permitting process. Groundwater monitoring was conducted in 2018. Water level
data is summarized on Table 1 and water quality data is summarized on Table 2,
included in the back of this application.
13. Fuel and Chemical Storage: All fuel and chemicals stored on site are stored in
accordance with Federal and State standards. On-site fuel storage consists of a 200-
gallon above-ground storage tank which is located within a steel secondary
containment area and a 1000-gallon above-ground double walled tank located next
to the standby electrical generator. When processing and/or reclamation crews are
present, an additional 1,000-gallon double walled tank is brought to the site and used
to fuel the respective equipment.
All asphalt cement storage tanks are above-ground. These tanks consist of two
40,000 gallon tanks and two 32,000 gallon tanks. There is also a 20,000 gallon
above-ground used oil storage tank. The used oil is utilized as an alternative fuel
supply for the asphalt plant. All tanks containing asphalt cement and used oil are
located within a concrete secondary containment area.
All tanks are registered with MPCA’s Storage Tank Program. MPCA Site ID 51999
is for the asphalt plant and MPCA Site ID 55016 is for the sand and gravel operation.
Small amounts of chemicals utilized by the QM Lab are regulated by Washington
County under United States Environmental Protection Agency (EPA) rules. EPA ID
Number MND 981 953 417 has been issued for the site which is classified as a Very
Small Quantity Generator.
14. Contingency Response Plan: The site operates under a SPCC Plan which is on file
with the City of Scandia.
15. Added Provisions: The operator will comply with other such reasonable
requirements that the City may find necessary to adopt for the protection of health,
safety and welfare and/or prevention of nuisance.
16. Processing: The site operates permanent processing equipment as defined by
Ordinance No. 103 in accordance with all Federal, State and City air and water
quality and noise standards. Processing equipment is screened from view from other
properties and adjacent roads. Portable crushing equipment is placed on the floor of
Tiller Corporation Page 4
2019 Annual Operators Permit Application
January 28, 2019
the facility and setbacks per Ordinance No. 103 are maintained between the
processing equipment and the property lines.
17. Recycling: Recycling activity at the facility meets all applicable standards contained
in Section 7.1 (1) of Ordinance No, 103. Approximately 9,000 tons of recycled
concrete and approximately 10,000 tons of recycled asphalt pavement (RAP) was
processed in 2018. Asphalt production used approximately 50,000 tons of RAP in
2018. Processed RAP is used in asphalt production and recycled concrete is sold in
various aggregate products.
A Solid Waste Storage Facility license that authorizes the storage of unprocessed
concrete, concrete products and brick and a Recycling Facility license that
authorizes the storage and processing of recycled asphalt products are issued to
Tiller by Washington County. General and Specific Conditions are established for
each license and are reviewed on an annual basis and may include an annual
inspection completed by the County.
18. Trucking Operations: The site has access to County Road 15 (Manning Trail N.),
County Road 91 (Lofton Avenue N.) and 218th Street North. These are hard-surfaced
roads.
19. Asphalt Plants: The site operates a permanent asphalt plant and the plant was in
operation at the time the City adopted its mining ordinance. Therefore, the plant may
expand in the future subject to the setbacks set forth in Section 7.1(1) of Ordinance
No. 103. The plant operates in accordance with all Federal, State, and City air, water
and noise quality standards.
B. Compliance with Conditions of the CUP
1. Updated Copy of Application Material: A completed bound book that includes all of
the information and plans submitted to the City during the CUP process was
previously submitted and is on file at the City.
2. Watershed District Permit: The Watershed District Permit is in the process of being
reviewed. Once the review is complete, information pertaining to the permit will be
submitted to the City.
3. Monitoring Wells: All required monitoring wells have been installed.
4. Groundwater Monitoring Plan: A monitoring plan with protocols is on file with the
City.
5. Excavation Below Water Table: In 2018, excavation into the groundwater table did
not occur. Excavation into the groundwater table is likely to occur in 2019 based on
availability of equipment. Water level data is collected on an on-going basis and
submitted annually to the City (see Table 1).
6. Production Well Records: Records of the production well are kept. They are
summarized on Table 3.
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2019 Annual Operators Permit Application
January 28, 2019
7. Groundwater Analysis: Groundwater samples were analyzed for DRO as indicated
in the groundwater monitoring plan. Table 2 summarizes the results of the required
groundwater monitoring. DRO was not detected in any of the monitoring wells.
Results have been supplied to the City. Currently, no gasoline is stored on site. If
gasoline is stored on-site in the future, GRO will be added to the analyte list.
8. MN County Well Index: A figure which illustrates the site and MN County Index wells
is on file at the City.
9. Setback from Proposed Lake: The asphalt plant and related structures will be
setback at least 100 feet from the edge of the water body that will be created as part
of mining operations.
10. Lake Depth: The maximum excavation into the water table will be no more than 50
feet. The previous depth of excavation has been measured at approximately 904
feet amsl which is well above the maximum excavation elevation of 865.87
established in previous AOP’s.
11. Truck Hauling Signs: Washington County has posted Lofton and Manning Avenues
per their requirements. Tiller has posted signs on 218th Street per City of Scandia
requirements.
12. Lofton/Hwy 97 Intersection: Tiller Corporation restricts importing add-rock from
Lofton Ave. N. during non-daylight hours as defined in their CUP.
13. 228th Street Sign: Tiller Corporation has posted a sign at the Lofton Ave. N. exit that
restricts trucks from using 228th Street.
14. Reclamation and Sequencing Plan: A Reclamation Plan and Phasing Plan is on-file
with the City. Current reclamation progress is indicated on Figure 2, Site Plan,
submitted with this AOP application.
C. Annual Activity
1. Amount of material removed from the site: Approximately 445,000 tons of material was
removed in 2018.
2. Amount of add-rock brought onto the site: Approximately 110,520 tons of Class A,
Class B, Class C and Class D add-rock were imported to the site in 2018.
3. Amount of recycled asphalt brought to the site: Approximately 38,000 tons of asphalt
for recycling was imported to the site in 2018.
4. Amount of recycled concrete brought to the site: Approximately 12,000 tons of
concrete for recycling was imported to the site in 2018.
Tiller Corporation Page 6
2019 Annual Operators Permit Application
January 28, 2019
5. Area reclaimed and type of reclamation: Reclamation activities in 2018 included
placement of overburden and suitable fill material on portions of the slope along the
west perimeter of the mining area, south of the Scandia Mine/Dresel Mine common
mining border. The completed and ongoing reclamation areas are indicated on Figure
2, Site Plan.
Ongoing reclamation activities are anticipated in the southern portion of the Site along
the west perimeter near the common mining border during 2019. These areas are
shown on Figure 2, Site Plan as 2019 Potential Reclamation Activity. Some of the
areas shown as potential reclamation will also see active mining during 2019. Once
mining is complete, reclamation may advance into these areas during 2019.
6. Average number of trips hauling material to and from the site per day for the season:
The average number of trucks travelling to and from the site per day in 2018 was
approximately 242 trucks per day.
D. Description of operating conditions planned for the coming year:
During the 2019 mining season, the site will continue to operate as it has in the past. The
mining operation includes the removal of overburden, excavation of sand and gravel,
crushing, washing, screening, stockpiling, and recycling of concrete and asphalt products.
Portable crushing, washing and screening plants are brought to the site periodically and
material is excavated, processed, and stockpiled. Asphalt is produced and sold throughout
the construction season and add rock materials are delivered to the site as needed.
The 2019 production schedule anticipates mining and processing during the 2019 mining
season. The exact area of excavation will depend on the required gradation of the end
products. Mining anticipated during 2019 will occur within the 2019 Potential Mining Area
and some of the Potential Reclamation Areas as indicated on Figure 2, Site Plan.
Aerial Photo: Figure 1, Aerial Photo, a 2017 aerial photo is attached that identifies the
Mining Limit, the Tiller Mine property boundary and the Dresel Mine property boundary.
Site Plan: Figure 2, Site Plan, is attached which illustrates the potential active mining area
in 2019, potential reclamation activity in 2019, the stockpile and processing area,
reclaimed areas and the current limits of excavation into groundwater.
Reclamation: Ongoing reclamation activities are anticipated in the southern portion of the
Site and the area along the west perimeter near the common mining border during 2019.
These areas are shown on Figure 2, Site Plan as 2019 Potential Reclamation Activity.
Operating Conditions for 2019: The 2019 production schedule anticipates mining and
processing during 2019. Mining will occur within the 2019 Potential Mining Area as
indicated on Figure 2, Site Plan. The exact area of excavation will depend on the required
gradation of the end products.
Tiller Corporation Page 7
2019 Annual Operators Permit Application
January 28, 2019
E. Inspection:
The City conducts an annual inspection of the site. The last inspection occurred on
October 9, 2018.
III. CERTIFICATION
I certify that the plans, specifications or reports for the
above described facility were prepared by me or under my
direct supervision and that I am a duly Registered
Professional Engineer under the laws of the State of
Minnesota.
Kirsten Pauly
Date: January 28, 2019 Reg. No. 21842
Tiller Corporation Page 8
2019 Annual Operators Permit Application
January 28, 2019
Table 1: Scandia Groundwater Elevation Data
Tiller Corporation Page 9
2019 Annual Operators Permit Application
January 28, 2019
Table 1: Scandia Groundwater Elevation Data
Tiller Corporation Page 10
2019 Annual Operators Permit Application
January 28, 2019
Table 2: Water Quality Monitoring Results
Tiller Corporation Page 11
2019 Annual Operators Permit Application
January 28, 2019
Table 2: Water Quality Monitoring Results
Tiller Corporation Page 12
2019 Annual Operators Permit Application
January 28, 2019
Table 3: Production Well Records
Scandia Mine
Pumping Records: 2018 Operating Season
Production Well
Month Amount Pumped (Gal)
January 0
February 0
March 0
April 11,750
May 6,412,575
June 6,528,050
July 212,700
August 121,300
September 52,000
October 44,004
November 4,000
December 0
13,386,379 Total Pumped in 2018:
Water Appropriation Permit authorizes withdrawal
of up to 20 million gallons per year.
MINING
LIMITS
MINING
LIMITS
MINING
LIMITS
DRESEL
MINE
TILLER MINE
COMMON MINING
BORDER
Engineering, PLLC.
Sunde
Figure 1
Aerial Photo
Annual Operating Permit
Aerial image from Washington County 2017
100'
50.00 PEMBgPEMBPEMBPEMBPEMCPSS1BPEMBPUBGPEMBPEMCPEMBPEMBPEMBPSS1BPEMCPEMCxPEMBPEMCPEMCPUBGPUBGPFO1CPEMCPSS1/3BPEM/SS1BPEMCPEMAPEMCPEMCPEMCPEMBPEMB SS1PSS1BPEMCPEMCPSS1BPEMCPEMCPUBG218TH ST. N.PSSIBPEMFPEMCPEMCMW-1PZ-5PZ-4SCALE HOUSEWELLMW-6PZ-3PRODUCTIONWELLSTOCKPILE ANDPROCESSINGAREA(Future Mining)RECLAIMEDAREARECLAIMEDAREARECLAIMEDAREAMININGLIMITSSCREENING BERMLOCKINGGATEMININGLIMITSMININGLIMITSRECLAIMEDAREAHAUL RD. TOLOFTON AVE.DRESEL MINETILLER MINECOMMON MINING BORDERCURRENTLIMITS OFEXCAVATIONINTOGROUNDWATER2019POTENTIALMINING AREA2019POTENTIALMINING AREAHAULROADLOCKINGGATELOCKINGGATE SCREENING BERMMaintain 50'Wetland Setback2019 POTENTIALRECLAMATIONAREAMaintain 50'Wetland SetbackSHEET NO:DATE:DRAWN BY:CHECKED BY:SCALE:APPROVED BY:PROJECT NO.:REG. NO.:DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTION:INFORMATION:REVISIONDATEEngineering, PLLC.CONSULTING CIVIL ENGINEERS10830 NESBITT AVENUE SOUTHBLOOMINGTON, MINNESOTA 55437(952) 881-3344 TELEPHONE(952) 881-1913 FAXwww.sundecivil.comSundeKirsten Pauly 93-253KPGraphic12/28/16KP1 of 1Figure 2218421/15/2019Update for 2019 AOP1/15/19Update for 2018 AOP1/16/18Update for 2017 AOP12/28/16Update for 2016 AOP1/13/16Update for 2015 AOP1/14/151/24/14 Update for AOP2013 Update for AOP1/28/13Add Dresel property line1/23/12Add MW-61/19/12Well Labels3/3/11SITE PLANTILLERCORPORATIONSCANDIA,MINNESOTA····2019ANNUALOPERATORS PERMIT
Tiller Corporation
and its operating divisions
Barton Sand & Gravel Co.
Commercial Asphalt Co.
Barton Enterprises, Inc.
General: (763) 425-4191
Facsimile: (763) 425-7153
Web: www.tillercorp.com
Corporate Office:
P.O. Box 1480
7200 Hemlock Lane, Suite 200
Maple Grove, Minnesota 55311-6840
January 28, 2019
Neil Soltis
City of Scandia
14727 209th St. N
Scandia MN, 55073
Re: 2019 Annual Operators Permit-Scandia
Dear Mr. Soltis:
Enclosed please find an Application for Planning and Zoning Request, a narrative for Tiller
Corporation’s 2019 Application for the Annual Operators Permit and a check for $5,500
covering the $500 application fee and $5,000 escrow. Please let me know how many
additional copies of the narrative the City will require so we can deliver those to you.
Contact me if you have questions. I may be reached at (763) 425-4191.
Sincerely,
Tiller Corporation
Christina Morrison
Land Use and Permitting Coordinator
enc:
File No._____________
APPLICATION FOR PLANNING AND ZONING REQUEST
City of Scandia, Minnesota
14727 209th Street North, Scandia, MN 55073
Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us
Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission
requirements may be found in the Scandia Development Code, available at the City office and website (www.ci.scandia.mn.us) and in
the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable.
1. Property Location: (street address, if applicable)
2. Washington County Parcel ID:
3. Complete Legal Description: (attach if necessary)
4. Owner(s):
Phone:
(h)
(b)
Street Address:
E-Mail:
City/ State:
Zip:
5. Applicant/Contact Person: Phone:
(h)
(b)
Street Address (Mailing):
E-Mail:
City/ State:
Zip:
6. Requested Action(s): (check all that apply)
____ Variance
____ Variance Extension
____ Conditional Use Permit (CUP)
____ CUP Extension
____ CUP/ Open Space Subdivision.
____ CUP/ Planned Unit Development
____ Interim Use Permit (IUP)
____ Annual Operators Permit
____ Administrative Permit
(type)____________________
____ Site Plan Review
(type)____________________
____ Site Plan Modification
____ Site Plan Extension
____ Sign (Permanent)
____ Amendment (Development Code )
____ Amendment (Comp. Plan )
____ Subdivision, Minor
____ Subdivision, Preliminary Plat/Major
____ Subdivision, Final Plat
____ Environmental Review
____ Wetland Review
7. Brief Description of Request: (attach separate sheet if necessary; include Variance Rationale if
necessary)
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
8. Project Name:
I hereby apply for consideration of the above described request and declare that the information and materials
submitted with this application are complete and accurate. I understand that no application shall be considered
complete unless accompanied by fees as required by city ordinance. Applications for projects requiring more than one
type of review shall include the cumulative total of all application fees specified for each type of review. I understand
that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and
hearing the application. These costs shall include, but are not limited to: parcel searches; publication and mailing of
notices; review by the city’s engineering, planning and other consultants; legal costs, and recording fees. An escrow
deposit to cover these costs will be collected by the city at the time of application. The minimum escrow deposit shall
be cumulative total of all minimum escrow deposits for each type of review required for the project, unless reduced as
provided for by ordinance. The city may increase the amount of the required escrow deposit at any time if the city’s
costs are reasonably expected to exceed the minimum amount. Any balance remaining after review is complete will
be refunded to the applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee
owner in order for this application to be considered complete.
Property Fee Owner Signature(s)
Date:
Applicant Signature(s) Date:
For City Use Only
Application Fees: _______________________
Escrow Deposit: _______________________
ATTACHMENT 1
LEGAL DESCRIPTION
Legal Description for New Scandia Mining Site
Section 1.
The Southeast V4 of Section 7, in Township 32 North, of Range 20 West; and
that part of the Southwest V4 of the Southwest V4 of Section 8, in Township 32
North, of Range 20 West, described as follows:
Commencing at a point in the North line of said Southwest V4 of the Southwest
V4 of said Section 8, 22 rods East of the Northwest corner thereof, thence West
along said North line to the Northwest corner of said Southwest V4 of the
Southwest V4, thence South along the West line of said Southwest V4 of
Southwest V4 to the Southwest corner thereof, thence East along the South line
of said Southwest V4 of the Southwest V4 a distance of 42 rods to a point, thence
Northwesterly in a straight line to the point of beginning; and also a strip of land
2 rods wide on the North side of said Southwest V4 of the Southwest V4,
commencing 22 rods East of the Northwest corner thereof and extending to the
Northeast corner thereof.
That part of the South Half of the Northeast Quarter of Section 7, Township 32
North, Range 20 West, Washington County, Minnesota, described as follows:
Commencing at the Northwest corner of said South Half; thence Easterly along
the North line of said South Half a distance of 1223.40 feet to the point of
beginning; thence Southerly, parallel with the West line of said South Half, a
distance of 1319.60 feet to the South line of said South Half; thence Easterly
along said South line a distance of 1423.65 feet to the Southeast corner of said
South Half; thence Northerly along the East line of said South Half a distance of
1317.76 feet to the Northeast corner of said South Half; thence Westerly along
the North line of said South Half a distance of 1422.96 feet to the point of
beginning. Subject to 228th Street North along North line.
Section 2.
That part of the Southeast Quarter of the Southwest Quarter and of the South
Half of the Northeast Quarter of the Southwest Quarter of Section 7, Township
32, Range 20, Washington County, Minnesota lying easterly of the centerline of
County Road 15A as said centerline is described in Book 312 of Deeds on pages
19 and 20.
Subject to County Road 15A.
Subject to easements of record.
Section 3.
The North One-Half of the Southwest Quarter (N V2 of SW %) and the Southeast
Quarter of the Northwest Quarter (SE % of NW %) all in Section 8, Township 32,
Range 20.
Except: All that part of the Northeast Quarter of the Southwest Quarter (NE %
of SW %) of Section 8, Township 32, Range 20, Washington County, Minnesota
lying East of the centerline of County State Aid Highway No. 1 (Lofton Avenue).
Section 4.
That part of the Southeast Quarter of the Southwest Quarter (SE % of SW %) of
Section 8, Township 32, Range 20 lying West of the public highway as the same
now runs over and across said tract, except the North 2 rods thereof; and that
part of the Southwest Quarter of the Southwest Quarter (SW % of SW %) of
Section 8, Township 32, Range 20 described as follows, to wit:
Beginning 22 rods East of the Northwest corner of said Southwest Quarter of
Southwest Quarter (SW% of SW %); thence Southeasterly in a straight line to a
point 42 rods East of the Southwest corner of said Southwest Quarter of
Southwest Quarter (SW% of SW %); thence East to the Southeast corner of
said Southwest Quarter of Southwest Quarter (SW % of SW % ), thence North to
the Northeast corner of said Southwest Quarter of Southwest Quarter (SW % of
SW %), thence West to the point of beginning, except the North 2 rods thereo(
said tract.
Except: That part of the North 320.00 feet of the South 620.00 of the Southeast
Quarter of the Southwest Quarter of Section 8, Township 32, Range 20,
Washington County, Minnesota, lying Westerly of the center line of County State
Aid Highway No. 1, as the same is now laid out and traveled, said center line is
described as follows:
Beginning at a point on the South line thereof distant 37.30 feet Westerly of the
Southeast corner thereof (for the purposes of this description, the South line of
said Southeast Quarter of the Southwest Quarter is assumed to bear South 89
degrees 38 minutes 18 seconds West); thence Northerly along a curve concave
to the West, having a radius of 2864.81 feet and a central angle of 7 degrees 12
minutes 48 seconds, a distance of 360.67 feet, the chord of said curve bears
North 14 degrees 39 minutes 10 seconds West; thence North 18 degrees 15
minutes 34 seconds West, tangent to said curve, a distance of 282.59 feet;
thence Northerly along a tangential curve, concave to the East, having a radius
of 1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds, a
distance of 708.72 feet to the North line of said Southeast Quarter of the
Southwest Quarter, and there terminating.
And lying Easterly of the following described line:
Commencing at the Southwest corner of said Section 8; thence Easterly along
the South line of said Section 8, a distance of 1714.61 feet to the point of
beginning of the line to be described; thence Northeasterly, deflecting to the left
83 degrees 54 minutes 52 seconds, a distance of 623.51 feet to the North line of
the South 620.00 feet of said Southeast Quarter of the Southwest Quarter, and
there terminating.
Also except: That part of the Southeast Quarter of the Southwest Quarter of
Section 8, Township 32 N, Range 20 W, described as follows: Commencing at
the Southwest corner of said Section 8, thence Easterly along the South line of
Section 8 a distance of 1714.61 feet which is the point of beginning of this
description; thence Northeasterly deflecting to the left 83 degrees 54 minutes 52
seconds a distance of 301.70 feet to the North line of the South 100 feet of the
Southeast Quarter of the Southwest Quarter of Section 8; thence Easterly along
said North line a distance of 757 feet, more or less, to the center line of County
State Aid Highway No. 1; thence Southeasterly along said center line a distance
of 305 feet, more or less, to the South line of Section 8, thence Westerly along
said South line a distance of 862 feet, more or less, to the point of beginning,
according to the United States Government Survey thereof and situate in
Washington County, Minnesota.
1
Neil Soltis
From:Neil Soltis <n.soltis@ci.scandia.mn.us>
Sent:Monday, March 4, 2019 9:33 AM
To:Christina Morrison
Subject:FW: 2017 Tiller Scandia (Manning Ave) Site - Groundwater Monitoring Data Review
Attachments:Well Hydrographs.pdf; AOP Application Figures 1 and 2 (area below water table).pdf
Christina
Sending this as an FYI
Neil
-----Original Message-----
From: Hume, Dave [mailto:Dave.Hume@wsp.com]
Sent: Monday, March 4, 2019 8:33 AM
To: Merritt Clapp-Smith (merritt.clapp-smith@tkda.com) <merritt.clapp-smith@tkda.com>
Cc: 'Neil Soltis (n.soltis@ci.scandia.mn.us)' <n.soltis@ci.scandia.mn.us>
Subject: FW: 2017 Tiller Scandia (Manning Ave) Site - Groundwater Monitoring Data Review
Merritt,
WSP has reviewed the groundwater monitoring data provided by Sunde in Tiller's 2019 AOP Application. The well
hydrographs (attached) have been updated to include the 2018 water level data.
Tiller Scandia Site (Manning Ave.) 2018 Groundwater Monitoring Data Review
* The 2018 groundwater monitoring was completed in accordance with the approved monitoring plan;
* DRO was not detected above the method detection limit in any of the other wells for samples collected in Sept
2018. These results and the other groundwater chemistry results indicate no groundwater quality concerns;
* Groundwater flow direction across the site is generally to the north and consistent with previous submittals; and,
* Groundwater levels across the site in 2018 were 2 to 3 feet higher than they were in 2008. Levels did show a slight
decrease 0.5 to 1.25 feet from November 2017 to April 2018. This decrease is the result of local and regi onal water table
fluctuations unrelated to mining operations.
Recommendations
In 2019, Tiller should confirm the extent of the area excavated below the water table or into the groundwater, and if
necessary, modify the area shown on Figure 2. Based on the aerial imagery from 2017 included in the AOP, and the well
hydrographs, it is possible that the water table was/is below the floor of the excavation in the area roughly shown on
Figure 2. (See attached Fig 2 with callout text box indicating this area.) This area is larger than what was reported for
2018 in the 2019 AOP Permit Application, also shown on Figure 2. Note that this is not a concern as this additional area
2
lies within the area that was proposed in the original mining plan as a future lake, thus the 2019 AOP application meets
the requirements.
Please let me know if you have any questions, or need further information.
Dave Hume, PG
Supervising Hydrogeologist
Please note new address and phone numbers.
[cid:image001.png@01D42807.8E324BD0]
Direct: +1 612-217-9164
Mobile: 612-805-0919
Email: dave.hume@wsp.com<mailto:dave.hume@wsp.com>
[Minneapolis_emailSignature-open (002)]
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-LAEmHhHzdJzBlTWfa4Hgs7pbKl
910.00
912.00
914.00
916.00
918.00
920.00
922.00
Elevation (ft amsl)Date
GROUNDWATER ELEVATIONS
5/2008 - 10/24/18
TILLER MINE
SCANDIA, MINNESOTA
PZ-4 PZ-5 MW-1 MW-2 PZ-6 Prod Well PZ-3 Pond
860.00
870.00
880.00
890.00
900.00
910.00
920.00
930.00
Elevation (ft amsl)Date
GROUNDWATER ELEVATIONS AND EXCAVATION THRESHOLD
5/2008- 10/24/18
TILLER MINE
SCANDIA, MINNESOTA
PZ-4 PZ-5 MW-1 MW-2 (aband. June 2011)PZ-6 Prod Well PZ-3 Pond
Excavation depth cannot be greater than 50 ft below the lowest water
table elevation (915.87 ft amsl) measured in PZ-4 in 2008, which is
the baseline established in the groundwater protection plan. This
threshold elevation was calculated at 865.87 ft amsl based on the
October 30, 2008 PZ-4 water level measurement.
865.87 feet amsl
50 Feet
DRESEL
MINE
TILLER MINE
Figure 1
Aerial Photo
Annual Operating Permit
Aerial image from Washington County 2017
100'
50.00 PEMBgPEMBPEMBPEMBPEMCPSS1BPEMBPUBGPEMBPEMCPEMBPEMBPEMBPSS1BPEMCPEMCxPEMBPEMCPEMCPUBGPUBGPFO1CPEMCPSS1/3BPEM/SS1BPEMCPEMAPEMCPEMCPEMCPEMBPEMB SS1PSS1BPEMCPEMCPSS1BPEMCPEMCPUBG218TH ST. N.PSSIBPEMFPEMCPEMCMW-1PZ-5PZ-4SCALE HOUSEWELLPZ-6PZ-3PRODUCTIONWELLSTOCKPILE ANDPROCESSINGAREA(Future Mining)RECLAIMEDAREARECLAIMEDAREARECLAIMEDAREAMININGLIMITSSCREENING BERMLOCKINGGATEMININGLIMITSMININGLIMITSRECLAIMEDAREAHAUL RD. TOLOFTON AVE.DRESEL MINETILLER MINECOMMON MINING BORDERCURRENTLIMITS OFEXCAVATIONINTOGROUNDWATER2019POTENTIALMINING AREA2019POTENTIALMINING AREAHAULROADLOCKINGGATELOCKINGGATE SCREENING BERMMaintain 50'Wetland Setback2019 POTENTIALRECLAMATIONAREAMaintain 50'Wetland SetbackSHEET NO:DATE:DRAWN BY:CHECKED BY:SCALE:APPROVED BY:PROJECT NO.:REG. NO.:DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTION:INFORMATION:REVISIONDATEEngineering, PLLC.CONSULTING CIVIL ENGINEERS10830 NESBITT AVENUE SOUTHBLOOMINGTON, MINNESOTA 55437(952) 881-3344 TELEPHONE(952) 881-1913 FAXwww.sundecivil.comSundeKirsten Pauly 93-253KPGraphic12/28/16KP1 of 1Figure 2218421/15/2019Update PZ-6 Label3/4/2019Update for 2019 AOP1/15/19Update for 2018 AOP1/16/18Update for 2017 AOP12/28/16Update for 2016 AOP1/13/16Update for 2015 AOP1/14/151/24/14 Update for AOP2013 Update for AOP1/28/13Add Dresel property line1/23/12Add MW-61/19/12Well Labels3/3/11SITE PLANTILLERCORPORATIONSCANDIA,MINNESOTA····2019ANNUALOPERATORS PERMIT
Comments submitted by John Lindell 02/20/2019
Regarding Tiller, I request that I be advised of any site visit planned by the council and planning
commission.
I also recommend the following requirements as conditions for approval of the Tiller AOP.
1) that the berming along 218th St be increased so those who drive along 218th st are not subject
to the armpit view of the pit. Scandia has a berming requirement but it is not being
enforced. Dirt and tree planting sb required.
2) The access to the pit on 218th sb closed and berrmed. Tiller has not used this access in the
past year apparently due to its completion of mining on what used to be the Dressel pit which
Tiller bought.
3) Most importantly, Tiller should no longer be allowed to excavate into the
groundwater. Washington County prohibited the excavation into the groundwater for obvious
reasons - to limit the exposure of water contamination.
Sadly, after the idiot mayor at the time when Scandia became a City and assumed regulation of
mining within the City, he allowed Tiller to excavate into the groundwater. Guess what - Tiller
had a chemical spill in the pit in 2017 as documented by the PCA. Most likely to be affected are
those to the northeast of the Tiller pit, in particular those living around Bone Lake. AOP
documents explain that the groundwater flow moves to the northeast putting Bone Lake and its
residents most at risk of chemical contamination in water resources.
These conditions sb forwarded to Tiller Corp. for a response.
Tiller Corporation
and its operating divisions
Barton Sand & Gravel Co.
Commercial Asphalt Co.
Barton Enterprises, Inc.
General: (763) 425-4191
Facsimile: (763) 425-7153
Web: www.tillercorp.com
This Company is an Equal Opportunity Employer
Corporate Office:
P.O. Box 1480
7200 Hemlock Lane, Suite 200
Maple Grove, Minnesota 55311-6840
March 12, 2019
Neil Soltis, City Administrator
City of Scandia
14727 209th St. N
Scandia, MN 55073
Dear Mr. Soltis:
This letter is written in response to an email dated February 20, 2019 from John Lindell, to the
City of Scandia and received by Tiller Corporation (Tiller) on February 27, 2019 regarding
Tiller’s 2019 AOP Application for our Scandia mine (Site). The email from Mr. Lindell expressed
three separate matters, which include: inadequate screening along 218th Street, closing 218th as
an access to the Site, and prohibiting mining into the groundwater. Tiller takes comments from
its’ neighbors seriously. The email received from Mr. Lindell prompted an evaluation of the
matters raised and Tiller offers the following responses.
1. Screening of the Site along 218th Street
Tiller screens the Site to the extent practical along 218th Street to minimize visual impacts to
surrounding property through a combination of berms and vegetative screening in
accordance with the City of Scandia Ordinance No. 103, and the approved permits for the
Site. Compliance is reviewed on an annual basis and current screening has been found to
comply with City ordinance. The last inspection occurred on October 9, 2018.
In 2014, a resident issued a complaint to the City regarding screening along 218th Street. At
that time, reclamation activities required the removal of a berm adjacent to 218th Street in
order to accommodate final reclamation. The City included a condition in the 2015 AOP that
required Tiller to modify the berm under construction and/or add vegetation along 218th
Street to comply with the City’s Mining Ordinance as it pertains to screening.
In response to the condition, and in cooperation with City staff, Tiller constructed a north-
south oriented screening berm on the east side of the Site access road to 218th Street during
the fall of 2015. In addition, Tiller planted eastern red cedar trees in the fall of 2015 to fill in
the gaps in the existing screening. Post construction, City staff reviewed the additional
berming and screening and found that it met the ordinance requirement.
March 12, 2019
Page 2 of 5
2. Use of 218th Street as an Access
Mr. Lindell suggests closing the 218th Street access to the Site, because he does not believe
that it was used in 2018. The access point from 218th Street into the Site is an important
traffic route for incoming materials to be placed in the reclamation area. As indicated on
Figure 2, Site Plan of the 2019 Annual Operators Permit Application, reclamation is
generally progressing from south to north across the Site. The access point from 218th
Street was utilized in 2018 to accommodate incoming reclamation materials and the access
will continue to be utilized to accommodate incoming reclamation materials for the balance
of the Site.
Quite often after trucks deliver incoming reclamation materials they are then loaded with
granular materials or other processed materials to take back to the construction site. The
access at 218th Street allows for a circular traffic pattern within the Site, which reduces
internal truck traffic and improves safety and efficiencies. All of this reduces fuel use and
minimizes fugitive dust and other particulate matter.
3. Matters Pertaining to Mining into the Groundwater
Mr. Lindell raises several points regarding excavation into the groundwater. Each point is
summarized below, followed by a response.
a. Mr. Lindell suggests that, “Tiller should no longer be allowed to excavate into the
groundwater,” and cites that “Washington County prohibited the excavation into the
groundwater for obvious reasons – to limit the exposure of water contamination…” Mr.
Lindell goes on to point out that when Scandia became a City and assumed regulatory
authority over mining, Tiller was authorized to excavate into the groundwater.
Washington County does not prohibit excavation into the groundwater. The
Washington County Development Code, Chapter Seven Mining Regulations, Section
5.5 Protection of Water Tables states that, “Excavation into unconfined (emphasis
added) aquifers must be closely monitored and conducted according to the
conditions of the permit.” The County and the City both allow mining into
unconfined aquifers. In addition, they both prohibit excavation into confined
aquifers. Excavation into the groundwater at the Scandia Site is taking place in an
unconfined aquifer.
A bit of history may be helpful. Sand and gravel and asphalt production have
occurred at this Site since the 1960’s. Tiller has been operating the facility since the
late 1980’s. The Site has undergone two environmental assessment worksheets and
mining into the unconfined aquifer was evaluated during both processes. The Site
subsequently received operating permits from New Scandia Township and
Washington County. After the Township incorporated into the City of Scandia, the
previous studies were reviewed and the Site was issued a conditional use permit
and annual operating permits by the City as well as a permit issued by the
Carnelian-Marine-St Croix Watershed District.
It should be noted that mining into the groundwater is allowed under State
regulations and is commonplace throughout Minnesota. The Washington County
Department of Health, the Minnesota Department of Health, the Minnesota Pollution
Control Agency, the Minnesota Department of Natural Resources, the Minnesota
March 12, 2019
Page 3 of 5
Board of Soil and Water Resources, the Minnesota Department of Public Safety, the
US Environmental Protection Agency and the US Mine Safety and Health
Administration also regulate the Site.
The City as well as various agencies have established specific conditions or
requirements to regulate the Site, which includes measures to protect groundwater
quality and quantity. In order to ensure compliance with the conditions and
requirements Tiller implements a Groundwater Protection Plan developed
specifically for the Site, which includes groundwater monitoring. Monitoring results
are reviewed and analyzed on a routine basis.
The environmental considerations of mining into the groundwater have been
extensively studied both at this Site as well as throughout the state of Minnesota.
The results yield the general conclusion that mining into the groundwater does not
cause adverse or significant changes in groundwater quality or quantity. Tiller has
been successfully mining into the groundwater at this Site since 2009 and at other
sites within the Metropolitan area for over 60 years, without any evidence of
groundwater contamination or degradation.
b. Mr. Lindell also makes note of a spill that was reported to the Minnesota Pollution
Control Agency in 2017.
Tiller operates its’ mining sites with a great deal of corporate responsibility. Tiller
has substantial safeguards built into its’ operations as a result of the various
permitting requirements and company polices. Safeguards include proper storage
and handling of fuels, equipment maintenance protocols, spill prevention, spill
response and reporting policies, maintaining a spill clean-up kit, and on-going
routine employee training. All of this is documented in the Spill Prevention Control
and Countermeasure Plan (SPCC) for the Site.
The reason so many safeguards are in place is that we are operating in areas where
sand and gravel are present. Sand and gravel are permeable materials. The
equipment operating at our various sites is mechanical in nature. Equipment
contains and operates on petroleum products including fuels, hydraulic oils and
lubricating oils. It is known that mechanical equipment can breakdown or fail. In
certain instances, these breakdowns or failures may cause a petroleum release. For
this reason, Tiller is very diligent about having our SPCC Plans, safeguards, and
training up-to-date and in place.
During any given year, we will have hundreds of pieces of equipment operating and
thousands of customer trucks visiting our various sites. Company-wide in 2017
there were five reportable events due to equipment failures or breakdowns that
caused petroleum releases. One of them occurred at the Scandia facility. Company-
wide, any spills of five gallons or more of petroleum products or any volume of
hazardous materials are reported to the Minnesota State Duty Officer as required by
applicable state statutes and regulations (Minn. Stat. 299K).
In the case of the event in Scandia, approximately 20 gallons of diesel fuel was
released from a generator’s fuel tank while it was on a trailer, getting ready to be
March 12, 2019
Page 4 of 5
relocated to a different site. The release was caused by a leak in a loose hose. The
clean up was accomplished using Floor-Dry. All used Floor-Dry was placed in a
container and disposed of off-site with a licensed waste handler. As required, the
release was immediately reported to the Minnesota State Duty Officer and the hose
was repaired prior to moving the generator off-site.
c. With consideration of the spill, Mr. Lindell alleges the water resources for the residents
of Bone Lake are likely at risk of contamination.
It is important to recall, the spill was promptly cleaned-up and reported in
accordance with the SPCC Plan. The relatively small volume of fuel associated with
the spill and the timely and thorough clean up eliminates the risk of contamination
anywhere on-site or off-site. The allegation that residents of Bone Lake or for that
matter, any of our neighboring residents, are likely at risk of contamination because
of this release is not accurate.
Several studies were completed as part of the environmental reviews prepared for
the Site. One of those studies determined groundwater flow direction. The
determination was based on groundwater level readings taken from on-site wells
and concluded that flow is from the southeast to northwest. This conclusion
continues to be supported by current water level data collected from on-site wells
as part of the groundwater monitoring program. This data is used to verify the
groundwater flow direction and gradient across the Site. Groundwater flow
direction across the Site is to the northwest, not the northeast towards Bone Lake as
Mr. Lindell indicated in his email.
The Groundwater Protection Plan implemented at the Site requires groundwater
quality monitoring which includes sampling and analysis for Diesel Range Organics
(DRO) from six different monitoring points located within the active portions of the
Site and up-gradient and down-gradient of the mining area, including from the
groundwater pond created by the excavation activity. This allows us to monitor
groundwater quality as it flows into the Site, at the Site and as it leaves the Site.
Measures such as these provide the pertinent data necessary to evaluate water
quality over time and space. The data collected to-date indicates that there has
not been any contamination or degradation of groundwater.
To summarize, mining into the groundwater is not prohibited in Washington County and
commonly occurs throughout the state of Minnesota.
Environmental review was conducted for this Site prior to permitting mining into the
groundwater and it was concluded that groundwater flow is to the northwest and mining
into the groundwater does not create a significant potential for groundwater contamination.
The Site is regulated by a number of agencies in addition to the City. Specific safeguards
have been developed and implemented at the Site including a Groundwater Protection Plan,
a Groundwater Monitoring Plan, and an SPCC Plan as a result of various permitting
requirements and company policies.
March 12, 2019
Page 5 of 5
Tiller operates its’ mining sites with a great deal of corporate responsibility. As a leader in
the aggregate mining industry in Minnesota, Tiller recognizes the importance of protecting
our water resources. Tiller has and will continue to operate the Site in accordance with
local, state and federal rules and regulations.
If you have any questions please do not hesitate to call. I may be reached at (763) 425-4191.
Sincerely,
Tiller Corporation
Christina Morrison
Land Use and Permitting Coordinator
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 03-19-19-03
RESOLUTION APPROVING THE 2019 ANNUAL OPERATING PERMIT
FOR THE SAND AND GRAVEL MINE AND PROCESSING FACILITY AT THE
SCANDIA MINE SITE
WHEREAS, Tiller Corporation operates a sand and gravel mining and processing
operation and asphalt hot-mix plant located on approximately 435 acres at Manning Avenue
North, on property legally described as:
Section 1.
The Southeast V4 of Section 7, in Township 32 North, of Range 20 West; and that part of
the Southwest V4 of the Southwest V4 of Section 8, in Township 32 North, of Range 20
West, described as follows:
Commencing at a point in the North line of said Southwest V4 of the Southwest V4
of said Section 8, 22 rods East of the Northwest corner thereof, thence West along
said North line to the Northwest corner of said Southwest V4 of the Southwest V4,
thence South along the West line of said Southwest V4 of Southwest V4 to the
Southwest corner thereof, thence East along the South line of said Southwest V4 of
the Southwest V4 a distance of 42 rods to a point, thence Northwesterly in a straight
line to the point of beginning; and also a strip of land 2 rods wide on the North side of
said Southwest V4 of the Southwest V4, commencing 22 rods East of the Northwest
corner thereof and extending to the Northeast corner thereof.
That part of the South Half of the Northeast Quarter of Section 7, Township 32 North,
Range 20 West, Washington County, Minnesota, described as follows:
Commencing at the Northwest corner of said South Half; thence Easterly along the
North line of said South Half a distance of 1223.40 feet to the point of beginning;
thence Southerly, parallel with the West line of said South Half, a distance of 1319.60
feet to the South line of said South Half; thence Easterly along said South line a
distance of 1423.65 feet to the Southeast corner of said South Half; thence Northerly
along the East line of said South Half a distance of 1317.76 feet to the Northeast
corner of said South Half; thence Westerly along the North line of said South Half a
distance of 1422.96 feet to the point of beginning. Subject to 228th Street North along
North line.
Section 2.
That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the
Northeast Quarter of the Southwest Quarter of Section 7, Township 32, Range 20,
Washington County, Minnesota lying easterly of the centerline of County Road 15A as
said centerline is described in Book 312 of Deeds on pages 19 and 20.
Subject to County Road 15A. Subject to easements of record.
CC Resolution No.: 03-19-19-03
Page 2 of 5
Section 3.
The North One-Half of the Southwest Quarter (N V2 of SW %) and the Southeast
Quarter of the Northwest Quarter (SE % of NW %) all in Section 8, Township 32, Range
20.
Except: All that part of the Northeast Quarter of the Southwest Quarter (NE % of SW %)
of Section 8, Township 32, Range 20, Washington County, Minnesota lying East of the
centerline of County State Aid Highway No. 1 (Lofton Avenue).
Section 4.
That part of the Southeast Quarter of the Southwest Quarter (SE % of SW %) of Section
8, Township 32, Range 20 lying West of the public highway as the same now runs over
and across said tract, except the North 2 rods thereof; and that part of the Southwest
Quarter of the Southwest Quarter (SW % of SW %) of Section 8, Township 32, Range 20
described as follows, to wit:
Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest
Quarter (SW% of SW %); thence Southeasterly in a straight line to a point 42 rods East
of the Southwest corner of said Southwest Quarter of Southwest Quarter (SW% of SW
%); thence East to the Southeast corner of said Southwest Quarter of Southwest Quarter
(SW % of SW % ), thence North to the Northeast corner of said Southwest Quarter of
Southwest Quarter (SW % of SW %), thence West to the point of beginning, except the
North 2 rods thereof said tract.
Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter
of the Southwest Quarter of Section 8, Township 32, Range 20, Washington County,
Minnesota, lying Westerly of the center line of County State Aid Highway No. 1, as the
same is now laid out and traveled, said center line is described as follows:
Beginning at a point on the South line thereof distant 37.30 feet Westerly of the Southeast
corner thereof (for the purposes of this description, the South line of said Southeast
Quarter of the Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18
seconds West); thence Northerly along a curve concave to the West, having a radius of
2864.81 feet and a central angle of 7 degrees 12 minutes 48 seconds, a distance of 360.67
feet, the chord of said curve bears North 14 degrees 39 minutes 10 seconds West; thence
North 18 degrees 15 minutes 34 seconds West, tangent to said curve, a distance of 282.59
feet; thence Northerly along a tangential curve, concave to the East, having a radius of
1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds, a distance of
708.72 feet to the North line of said Southeast Quarter of the Southwest Quarter, and
there terminating.
And lying Easterly of the following described line:
Commencing at the Southwest corner of said Section 8; thence Easterly along the South
line of said Section 8, a distance of 1714.61 feet to the point of beginning of the line to be
described; thence Northeasterly, deflecting to the left 83 degrees 54 minutes 52 seconds,
CC Resolution No.: 03-19-19-03
Page 3 of 5
a distance of 623.51 feet to the North line of the South 620.00 feet of said Southeast
Quarter of the Southwest Quarter, and there terminating.
Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8,
Township 32 N, Range 20 W, described as follows: Commencing at the Southwest corner
of said Section 8, thence Easterly along the South line of Section 8 a distance of 1714.61
feet which is the point of beginning of this description; thence Northeasterly deflecting to
the left 83 degrees 54 minutes 52 seconds a distance of 301.70 feet to the North line of
the South 100 feet of the Southeast Quarter of the Southwest Quarter of Section 8; thence
Easterly along said North line a distance of 757 feet, more or less, to the center line of
County State Aid Highway No. 1; thence Southeasterly along said center line a distance
of 305 feet, more or less, to the South line of Section 8, thence Westerly along said South
line a distance of 862 feet, more or less, to the point of beginning, according to the United
States Government Survey thereof and situate in Washington County, Minnesota,
WHEREAS, the site has been actively mined since 1966, and has operated under a
previous Conditional Use Permit granted by Washington County, when the County exercised
land use authority within New Scandia Township. Permitted activities include the mining and
processing of aggregate, the production of hot-mix asphalt, and the recycling of concrete and
asphalt products; and
WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this
mining facility in 1987, a second EAW was completed in 1999 for a proposed expansion of the
facility; and
WHEREAS, the scope of operations and mining limits proposed in the current permit
application to the City are consistent with the scope of the operations and mining limits reviewed
in the 1999 EAW; and
WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of
Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as “the ordinance”)
replaced the requirements of the ordinances adopted by Washington County and the former New
Scandia Township and required the issuance of a new Conditional Use Permit and Annual
Operating Permits for continued operation of existing mining operations; and
WHEREAS, the City approved a Conditional Use Permit for the mining and processing
operations on May 20, 2008; and
WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating
Permit to the City of Scandia, which was found to be complete for review February 4, 2019; and
WHEREAS, the Scandia City Council reviewed the application at its regular meeting on
March 19, 2019;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Annual
CC Resolution No.: 03-19-19-03
Page 4 of 5
Operating Permit for Tiller Corporation for a sand and gravel mine and processing facility at the
Scandia mine site is approved, subject to the following conditions:
1. The applicant shall comply with the conditions of the Conditional Use Permit for sand and
gravel mining and processing at the Scandia Mine site approved on May 20, 2008.
2. The applicant shall comply with site operation hours of 7 a.m. to 7 p.m. Monday through
Friday, except holidays, unless the applicant requests and receives the City’s permission for
extended hours in accordance with procedures set forth in Ordinance No. 103.
3. The applicant shall pay close attention to the groundwater levels across the site in 2019 to
ensure the minimum excavation elevation of 922 ft amsl (included in the CUP for the Dresel
site) will not extend below the water table in the event groundwater levels continue to rise.
4. The applicant shall provide the approximate depth of the excavation below the water table in
future annual reports to confirm the excavation did not go below the 865.87 feet amsl
threshold.
5. 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.
6. 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.
7. 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
8. The applicant shall regularly monitor the entrances and exits to the site, and work with their
hauling contractors and truck drivers to maintain compliance with traffic laws.
9. The Reclamation activities shall meet the requirements of the Conditional Use Permit,
including soil and planting requirements.
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 applicant shall pay all fees and escrows associated with this application.
12. This Annual Operating Permit shall expire on March 31, 2020.
CC Resolution No.: 03-19-19-03
Page 5 of 5
FURTHER, BE IT RESOLVED, that any significant variation from these plans and
conditions of approval shall require an application to amend this Annual Operating Permit.
Adopted by the Scandia City Council this 19th day of March, 2019.
______________________________
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk