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10.a)1) Staff report Tiller Zavoral Mine AOP444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia City Council Reference: Tiller Corporation-2016 Annual Operating Permit Application for the Zavoral Mine Copies To: Neil Soltis, City Administrator Mike Caron, Tiller Corporation Christina Morrison, Tiller Corporation Kirsten Pauley, Sunde Project No.: 16022.001 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: February 9, 2016 SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 16, 2016 LOCATION: East of the Intersection of State TH 97 and State TH 95 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60-DAY PERIOD: March 27, 2016 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; monitoring reports and recommendations from City's subconsultants; comments from agencies BRIEF DESCRIPTION OF THE REQUEST: The City of Scandia approved a Conditional Use Permit (CUP) for the Zavoral Mine and Reclamation Project on February 19, 2013. The City's Mining Ordinance requires Tiller to obtain an Annual Operating Permit for the mine in addition to the CUP. Tiller Corporation An employee owned company promoting affirmative action and equal opportunity Scandia City Council Tiller Zavoral Mine 2016 AOP Page 2 February 16, 2016 submitted its application for the 2016 AOP on January 27, 2016. The 114-acre site (Site) is located along St. Croix Trail North (State Trunk Highway [TH] 95), a State Scenic Byway, east of its intersection with Scandia Trail North (State TH 97). The plans approved with the CUP permit mining and reclamation to occur on 64 acres of the Site (the "Project"). No processing or concrete and asphalt recycling activities are proposed as part of the project. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 31 each year, so that permits can be approved before the start of the mining season in that year. This report analyzes the mining operation compliance with the conditions approved in the CUP and the 2015 AOP and recommends conditions for the 2016 AOP. EVALUATION OF THE AOP REQUEST The Applicant is requesting an Annual Operating Permit (AOP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Regulation of Mining and Related Activities, which is Chapter 4 of the Development Code. The Ordinance requires review of the following items for the AOP: 1. The operating conditions of the previous year and conditions required by the CUP and AOP. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. The applicant submitted the following materials with the AOP application: Application Form including Annual Report for activities in 2015, proposed activities in 2016 Groundwater sampling results Well Water Use data Annual Reclamation Report for 2015 Site Plan-2015 Activity The CUP conditions require that the City complete a variety of monitoring activities and reports that will be used to evaluate the AOP application and develop any conditions for operations in 2014. The monitoring reports that City staff used to evaluate operations at the site include the following: Zavoral Mine and Reclamation Project —Annual Inspection Report, Washington Conservation District (WCD), January 7, 2016 Zavoral Mine and Reclamation Project —Annual Surface Water Monitoring Report, WCD, January 13, 2016 Zavoral Mine and Reclamation Project —Wetland Boundary Monitoring memo, WCD, December 16, 2015 Zavoral/Scandia 2016 AOP Applications—WCD review and comment, February 4, 2016 2015 Groundwater Monitoring Summary—Zavoral Aggregate Mining and Reclamation Project, Leggette, Brashears & Graham, Inc (LBG), January 15, 2016 Zavoral Mine Traffic Monitoring Memo, Bolton & Menk, Inc., January 12, 2016 1 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 3 February 16, 2016 Dust Emissions Monitoring—Zavoral Mine, Indoor Environment Group, Inc., October 22, 2015 and Monthly Site Review, January 5, 2016 Zavoral Mine Noise Monitoring Results, SBP Associates, Inc., January 15, 2016 CUP AND AOP REQUIREMENTS: SUMMARY TABLE The City of Scandia approved a Conditional Use Permit and an Annual Operating Permit for the mining operation and reclamation activities on the Zavoral Site on February 19, 2013. The conditions included the items noted on the table below. Tiller's performance is also indicated on the table and in the text sections that follow: In the status column, a + indicates that the operator is meeting the requirement, and a — indicates that the requirement has not been met during the 2015 operating year. The symbol indicates partial completion. Further discussion on the conditions and performance in 2015 is discussed in the text sections that follow the table. The CUP conditions are identified by number in standard text; the AOP conditions are identified by number in Bold text in the first column on the table below. CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP 1/1&2. Comply with Ongoing In process --monitored by City staff Project approved and consultants. Activities during by City February + 2015 were generally consistent with 19, 2013 those proposed in the approved AOP. 2. Comply with Ongoing In process --monitored by City staff Rules and + and consultants. No violations of Regulations federal, state, or city regulations identified in 2015. 3. Maximum mining Ongoing Tiller established a benchmark to depth 840 amsl monitor the elevation of the mine and 25 floor in 2013. City monitoring of separation groundwater levels by LBG. between mining Maximum mining depth identified and groundwater by LBG and Tiller in 2015 was 843 + feet above msl, with typical depth throughout the mined area. between 850 and 855 amsl, That depth is 3-15 feet above the permitted depth and maintains the required 25-ft. separation from the water table. 4. No frac sand Ongoing Depth of mining information and minning + bedrock depth information confirmed that no frac sand mining occurred in 2015. 5. No dewatering Ongoing + No dewatering occurred on the site in 2015, and is not included in the i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 4 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP mining plan or activity proposed for 2016. 6. & 7. Daily Annual Production well records are being pumping from kept by Tiller Corp. and are well shall not available to the City. Water use at exceed 10,000 the site in 2015 was 114,000 gallons; annual gallons for dust control. The DNR pumping shall + Water Appropriation Permit for the not exceed 1 site allows up to 1 million gallons to million gallons; be pumped each year. Pumping pumping records were provided to the WCD, records. Washington County Health Dept., and Minnesota DNR as required. 8. Revise 2013 The revised Groundwater Quality groundwater + Protection Plan (GWQPP) was plan submitted to the City in April, 2013 and is on file. 9. Groundwater Ongoing Monitoring wells were installed at observation + the site in 2013 and met the CUP wells requirement in 2015. 10 /6. Ongoing Groundwater samples were Groundwater analyzed Some seasonal rise and data and annual fall in groundwater levels during report + 2015. Ground water levels in December 2015 were approximately 0.5 to 1 foot higher than when mining operations began in 2013. 11. Review GWQPP Annual Tiller submitted the revised + GWQPP in April, 2013. The plan meets the CUP requirement. 12. Diesel Range Annual Baseline groundwater samples Organics (DRO) were collected before the start of sampling + mining and before a diesel fuel tank was installed at the site. Sampling results for 2015 show no DRO was detected. 13. Fuel storage Ongoing Tiller installed a portable 500-gallon requirements double -walled diesel fuel tank on + the site in October, 2013. Fuel storage meets Federal, State and City requirements. 14. Equipment Ongoing Tiller installed a hard -surfaced fueling + fueling pad in 2013 and equipment is fueled over the pad. Verified at 2015 site visit. 7 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 5 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP 15. Spill cleanup Ongoing A spill kit is stored on -site when the equipment on + site is active or there is equipment site on the site. 16 Stormwater Prior to Applicant obtained required NPDES permit operations General Permit (MNG490000) and + CMSCWD Stormwater and Erosion and Sediment permits prior to the start of operations. Permits are on file at City. 17. Stormwater Best Ongoing Stormwater BMP's were installed at Management the site as required by permits. Practices + Inspections completed by CMSCWD twice per month and WCD as required by CUP. No issues identified in 2015. 18. Air Emissions Prior to MPCA Permit obtained prior to Permit operations + beginning mining operations Permit no. 05301018-001 . 19. Endangered Prior to Status of Butternut tree changed to Species Take operations + endangered in August, 2013. WCD Permit verified the presence of the Butternut tree in 2015. 20. Blanding's Ongoing Blanding's Turtles Plan submitted Turtles + and WCD verified compliance. No protection Blanding's Turtles identified at the site in 2015. 21. Raptor nests Ongoing Raptor survey conducted prior to inspection + tree clearing in 2013. No active nests identified in 2015. 22. Berm on south Prior to Berm was required before Phase 2 end of site operations mining begins. The site SWPPP was updated in 2014 to include + BMP's to ensure drainage into interior of site. WCD monitoring indicates compliance with SWPPP in 2015. 23. Minimize Ongoing City site visit verified that unnecessary unnecessary equipment is not equipment; stored at the site, and that BMP's reduce soil + including sweeping, watering and tracking paved entrance are being implemented to reduce soil tracking. 24. Monitor Ongoing Tiller reported that it monitored equipment for + equipment for leaks and prohibits leaks i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 6 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP "topping off' of tanks. No evidence of leaks observed in site visit. 25 & 26. Location of Ongoing A portable 500-gallon double - above -ground walled diesel fuel tank is located storage tanks on -site as a fuel source for + equipment. Location meets CUP requirement. Tiller submitted AST form to MPCA within 30 days of tank installation. 27. Water quality Annual WCD completed water quality monitoring and + monitoring and submitted annual reports report. No mining impacts identified to surface waters. 28/8. Monitoring Ongoing Monitoring station installed at point in Zavoral Zavoral Creek in 2015 and WCD Creek + completed baseline monitoring in 2015. No negative impacts related to mining identified. 29/7&8. Monitoring Annual Monitoring station installed at station near Crystal Springs, and WCD Crystal Springs- + completed baseline monitoring in installation and 2015. No negative impacts related reporting to mining identified. 30/9&10. Wetland Annual Applicant provided wetland boundaries delineation boundary as required. delineation On -site review completed in + September 2015 by TEP panel. Panel recommends no additional wetland boundary monitoring is needed for the mine project. 31. Mn/DOT Prior to The applicant obtained the required Access Permit driveway + permit (TP 1721) prior to driveway construction construction completed in 2013. A copy is on file at the City. 32 & 33. Construct Prior to New driveway access and right -turn new driveway operations + lane constructed by November, access and 2013. right -turn lane 34/26-28. Traffic Annual The City completed traffic monitoring monitoring as required and indicated compliance with CUP + conditions. Bolton & Menk report includes results and recommendations, discussed in this report. 7 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 7 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP 35. Truck -hauling Annual Approximately 511,300 tons of records between Class C add -rock were hauled to Zavoral and + the Scandia Mine from the Zavoral Scandia mine Mine during 2015, and 570 tons sites were hauled from the Zavoral site to other projects in the 4'" quarter. 36. Traffic Ongoing Traffic monitoring data indicate that maximum levels the average truck traffic was 240 trips per working day, with a peak of 600 trips per day. The average + daily numbers were below the range of counts analyzed for Alternative 3 in the EIS (334-400 daily average) and at the Alternative 3 peak 600 per day). 37. Hauling on Ongoing Trucks utilized TH 97, TH 95, and state, county CR 91, the existing haul route to and local streets + Scandia Mine. Truck traffic for projects outside Scandia utilized TH 95 onto westbound TH 97. 38. Truck warning Prior to traffic Tiller applied to Washington County signs operations to install truck warning signs on County Road 91 near the mine entrance, but the County denied the * request because adequate site distances exist near the mine on Lofton. Tiller applied to MN/DOT to install warning signs at the requested locations, but has not received a decision on the request. 39. Parking and Ongoing + All parking occurred within the site. circulation 40. Crash reporting Ongoing No truck that was hauling for Tiller + was involved in a reported crash or cited for a traffic violation in 2015. 41. Fence Prior to Fencing located along TH 95 per mining approved site plan was maintained operations and in -place prior to start of + operations. Washington County deputy requested a no trespassing sign on gate —discussed in staff report. 42/3. Hours of Ongoing Hours of operation were consistent operation + with the CUP requirement. Tiller did not request extended hours in 2015. 7 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 8 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP 43. Berm removals Project NSA Berm removals required upon completion completion of project. 44/17-19. Dust Ongoing Applicant submitted updated dust Control Plan + control plan to the City as required implementation in April, 2013. The plan is on -file. 45. Dust Control Ongoing Dust control plan includes use of materials dust control materials required by + CUP conditions. Dust control was implemented in 2015 using water, a non -chloride suppressant and sweeping. 46/ 12-16. Dust Annual The City completed dust control Control monitoring in October 2015 as monitoring + required by the CUP and AOP. Results indicate all parameters were below federal and state standards. 47. Review Dust Annual City consultant had no Control + recommendations for changes in procedures procedures for 2016 AOP. 48. Berms and Ongoing + Phase I screening berm screens constructed in 2013. 49. Truck idling Ongoing Tiller indicated that trucks are not permitted to idle for more than 30 + minutes. No complaints or observations of longer idling during 2015. 50 & 51/21-25. Ongoing Noise monitoring completed. Noise Noise standards + did not exceed state standards at and monitoring any of the 5 monitored sites in 2015. 52-54. Broadband Ongoing All Tiller equipment is equipped alarms and with broadband alarms. Equipment noise control + inspected twice weekly during operations and maintenance completed as needed. 55. Vegetative Sept. -April No clearing of trees or brush in Clearing+ 2015. 56. Recycle debris Ongoing + No clearing of trees or brush in 2015. 57. Weed control Ongoing City inspections in 2014 indicated and site that site maintenance met CUP maintenance + requirements. Tiller completed spot -herbicide treatment in 2015 and mowing to control weeds. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 9 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP 58. Sanitary Ongoing On -site sanitary facilities met CUP facilities + and Mine Safety and Health Administration requirements. 59. Waste disposal Ongoing + Waste disposal met CUP requirements. 60. Updated April 19, Updated Reclamation Plan Reclamation 2013 provided on April 18, 2013, and a Plan + revised plan was submitted in 2014. City met with Tiller in 2015 to review reclamation. 61. Reclamation Ongoing Phase I reclamation completed per proportional to mining plan and CUP requirement, mining + and Phase 2 reclamation in process. Reviewed at site visit in 2015. 62-64./29-30 Ongoing Grading, soil placement and Reclamation and + seeding met CUP requirements. monitoring Monitoring of reclamation success began in 2015. 65/31. Tree Ongoing White pine transplants did not meet transplants CUP requirement for 80% survival. Applicant requested revised + condition regarding replacement and revised plan was approved by the City and implemented in 2014 and 2015. 66. Reclamation Annual Annual reclamation report for 2015 report + was submitted with the 2016 AOP Application. 67. Reclamation Ongoing WCD completed reclamation monitoring by monitoring and report. WCD City + comments indicated that the reclamation activities are in compliance with the Plan and CUP. 68-69. Final End of NIA Final approval of reclamation will reclamation project occur at end of project. 70. Woodlands Ongoing Mining activities did not disturb outside mining + woodlands outside of mine area limits. 71. Stockpile height Ongoing There is one existing stockpile of engineered soil for reclamation on + the site. The stockpile is not visible from TH 95 and 97, and meets the CUP requirement. 72. Lighting Ongoing + No lighting was added at the site in 2015. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 10 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP 73. Sign permit Before Tiller submitted truck -warning sign placement permits to Washington County and + Mn/DOT as required. No other signage was added to the site in 2015. 74. Pay monitoring Ongoing The applicant has paid the costs + monitoring costs and replenished required escrows to date. 75. Provide site Ongoing The applicant provided site access access + as requested by the City and its consultants. 76. GWQPP Plan April 19, The applicant provided a final 2013 + corrected copy of the GWQPP in April 2013. 77.CUP and March 5, Compliance and Reclamation Reclamation 2013 + Agreement signed by Applicant and Agreement City. 78. Additional Ongoing + No additional monitoring was monitoring requested in 2015. 79. Financial Ongoing Compliance and Reclamation guarantee + Agreement included the financial guarantee. 80. AOP Annual + Applicant obtained the 2015 AOP and has applied for the 2016 AOP. 81. Letter of Credit Prior to * Applicant provided Letter of Credit activity as required by CUP. 82. Fees and Ongoing + Applicant paid fees and escrows as escrows required by CUP. 83. Compliance Ongoing Applicant complied with with agreements + agreements and permits in 2015. and permits 2015 AOP Additional Conditions 4. Trucking AOP Tiller provided a copy of the Safety contractor Procedures form it provided to information + hauling companies and each operator, and described the verbal review of procedures with haulers. 11. Field review of AOP Field review completed by the TEP wetland + panel. WCD recommends no boundaries additional monitoring. 32-33. Traffic AOP + Monitoring completed. No traffic monitoring issued identified. 34-35. Reclamation AOP + City completed monitoring of activities reclamation and found activities to i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 11 February 16, 2016 CUP Condition/ Deadline Status Notes AOP Condition in Specified Bold in CUP/AOP be in compliance with CUP and Reclamation Plan. Tiller submitted reports as required. 36. Approval of AOP Tiller made no changes or request change from + for changes in 2015. requirements 37. Letter of Credit AOP Letter of credit has provided to city for Phase 2 + and is current. Reclamation OPERATING CONDITIONS - EVALUATION FOR THE 2016 AOP The sections that follow include an evaluation of the operations at the site in 2015, based on the requirements of the City's Mining Ordinance and the AOP approved in 2015. Site Operations - Background Information 2015 was the third year of operation at the Zavoral Mine site. Major activities occurred during January -March and again in September -November. Activities included mining and reclamation. Development of the internal haul road occurred, and mining continued in Phase 2 area, Approximately 511,870 tons of material was removed from the site. 511,300 tons were hauled to the Scandia Mine site, and 570 tons of materials were hauled to other projects. Reclamation activities were focused in the Phase 1 area, with additional preparation of soils for reclamation, grading and topsoil placement in the Phase 2 area. The City and its consultants continued to monitor activities and impacts at the site, and the consultants provided their summary reports for this annual review by January 15, 2016. In 2016, mining will continue to advance through the Phase 2 Mining and Phase 3 Mining areas. Tiller's annual report indicates that mining of the site will be completed during 2016. Reclamation activities will continue after mining is completed. Annual Activity The application generally includes the data required by the ordinance regarding annual activity on the site, as follows: The amount of material removed from the site: Amount of add -rock brought onto the site: Recycled asphalt and concrete brought to the site: Millings brought to the site to construct haul road Average number of trips to and from the site each day: Depth of Excavation 2014 511,870 Tons 0 Tons 0 Tons 250 Tons 240 trips/day; the peak number of trips per day was 600 trips. 1 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 12 February 16, 2016 The CUP requires that the maximum mining depth shall be 840 feet above mean sea level (amsl), and that the separation between the depth of mining and ground water level shall be 25 feet or more. The City's groundwater consultant, Leggette, Brashears, and Graham, Inc. (LBG) reviews the mining depth and groundwater separation each year. LBG's Summary report (January 15, 2016) indicates that the maximum depth of mining in 2015 was 843 feet amsl, and that depths varied across the site from 843 to 855 feet, which is between 3 and 15 feet above the permitted depth of 840 ft-amsl. Tiller maintained the required 25 feet minimum separation distance from the water table under the site as required by the CUP. The activity of the site met the CUP requirements for mining depth and groundwater separation. Silica Sand Mining No silica sand ("frac sand") mining occurred at the site in 2015. Ground Water Monitoring Plan and Monitoring Issues The CUP and AOP include several conditions related to groundwater monitoring, listed below in italics. The City's groundwater consultant, Leggette, Brashears, and Graham, Inc. (LBG) reviews the ground water monitoring results each year for the AOP and provides comments to the City. The section below summarizes the findings related to each of the conditions. LBG's annual report to the City includes the data gathered, complete findings, and recommendations for 2016. No dewatering is permitted at the site o No dewatering occurred with the mining activities in 2015. None is proposed for 2016. Daily pumping from the Zavoral Site Well shall not exceed 10, 000 gallons at a maximum rate of 1, 200 gallons per minute, and annual pumping shall not exceed 1 million gallons. o Tiller pumped the Zavoral Site Well in September, October and November in 2015 for dust control activities. Tiller pumped a total of 114,000 gallons during 2015. The pumping was within the levels permitted by the CUP and DNR permit. LBG's memo stated that the pumping did not affect groundwater levels in the uppermost aquifer below the site. The applicant shall provide records of Zavoral Well pumping that document the daily and annual use, and provide records to several agencies. o The applicant provided records of the Zavoral Well pumping to the City. The records were also provided to the Minnesota DNR, Carnelian -Marine St. Croix Watershed District (CMSCWD), WCD, and the Washington County Health Department as required. The City received no agency comments regarding the pumping records. The applicant shall provide a revised Groundwater Monitoring Plan to the City, including the locations of monitoring wells. o The applicant completed the update to the Groundwater Quality Protection Plan (GWQPP) that was required by the CUP, and the updated plan (dated April 2013) is on file at the City. The applicant shall maintain the groundwater monitoring wells and piezometers and complete required monitoring. 7 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 13 February 16, 2016 o Tiller installed the monitoring wells and maintained the wells as required. LBG manually measured the water levels and downloaded data at the four observation wells. The City's consulting hydrologist shall make regular site visits while the mine is operating, download and analyze data, and provide an annual report to the City. o LBG completed site visits in September and December, 2015, and completed the annual report as required. LBG's findings and recommendations are summarized below. The City shall review the GWPP annually and modify the plan as needed. o LBG reviews the GWPP annually and provides recommendations as needed. Monitoring shall include Diesel Range Organics (DRO's). o The groundwater analytic results for 2015 show that DRO's were not detected at or above the method detection limits. LBG Analysis and Recommendations Based on 2015 Monitoring Data LBG completed site visits on September 4t" and December 6t", 2015 and monitored water levels. LBG reviewed the groundwater sample results from the site. Groundwater levels across the site decreased from approximately .25 to .75 feet from January through June, 2015, then increased approximately 0.5 to 1.25 feet from July through December 2015. The trends followed the same general patterns observed at the site in 2013 and 2014, and are typical of seasonal variations caused by variable precipitation and subsequent recharge to the aquifer. Water levels in December 2015 were approximately 0.5 to 1 foot higher than when mining operations begin in 2013. This appears to be related to higher precipitation levels in 2015 compared to the previous two years. The hydraulic gradient and flow direction were consistent with the 2013 and 2014 results. Flow is southeast toward the St. Croix River. The depth of mining and separation from groundwater levels met the CUP requirements. The Zavoral Site Well was pumped for dust control at rates and volumes below the maximum allowable limits prescribed in the CUP, and no impacts to the water table aquifer were observed as a result of pumping. The groundwater levels and groundwater quality parameters remained relatively stable during 2015 during mining operations. The chemistry results indicate no concerns, and Diesel Range Organics (DRO) were not detected above the method detection limit in any samples. No impacts to groundwater levels or quality were observed as a result of the 2015 mining operations. Water quality indicators recorded in 2015 are generally in the range of those recorded in 2013 during the pre -Tiller mining period. LBG provided a conceptual hydrogeologic cross-section of the mine site and the graphic summarizes the estimated mining depths and groundwater level data in their summary report. LBG's report concludes that based on the evaluations of the 2015 monitoring data, Tiller's activities at the Zavoral site met all of the CUP conditions related to groundwater. LBG recommends that the current conditions included in the CUP and i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 14 February 16, 2016 AOP be maintained as written in 2015. The Planner has included the groundwater conditions from the 2014 AOP in the proposed conditions for 2015. Surface Water Monitoring The Zavoral Mine CUP and AOP include several conditions related to surface water monitoring, listed below in italics. The Washington Conservation District (WCD) monitors the potential impacts of the mining operation on surface waters on behalf of the City. The following section summarizes the WCD's findings related to each of the conditions. The complete findings and recommendations for 2015 are presented in the WCD's annual reports to the City. The applicant shall obtain the required permits for stormwater management prior to beginning operations at the site. o The applicant obtained the required MPCA and CMSCWD permits prior to beginning operations at the site. Copies of the permits are on file at the City. The CMSCWD Administrator noted in an email to City staff that the mine operator complied with the Watershed District permit in 2015. The applicant shall implement the Best Management Practices included in the Storm Water Pollution Prevention Plan (SWPPP) and Surface Water Plan. o The WCD completed an annual report on the Zavoral Mine project compliance with its approved SWPPP and Surface Water Plan. WCD staff completed 8 site inspections in 2015. The report notes that "The erosion and sediment controls at the Zavoral Mining and Reclamation project area have been professionally installed, well -maintained, and fortified where deemed necessary. Additionally, all minor deficiencies have been rectified immediately and effectively. Tiller created swales and drainage ways to ensure that stormwater runoff drains internally to the mine pit. Tiller implemented street sweeping best management practices to ensure that debris does not accumulate on Highway 97 and in roadside ditches. Overall Tiller has been very cooperative and has provided the WCD with detailed tours of the site, descriptive summaries of its operations, and has provided follow-up correspondence when needed. Overall, erosion and sediment control is being implemented as per the City's requirements." The WCD recommended that monitoring occur on the same locations on Zavoral Creek, Crystal Springs, and Middle Creek in 2016, following the same procedures and methods as in 2015. The WCD recommended inserting language into the 2016 AOP that is similar to Conditions #9 and #12 in the 2015 AOP: ■ The City or its consultant shall install a monitoring station on Middle Creek to collect the same continuous parameters as the stations installed on Zavoral Creek and Crystal Springs... Monitoring shall occur during all months when the mine is in operation, weather permitting. ■ The City or its consultant shall complete twice annual macro invertebrate monitoring on Zavoral Creek and provide this information to the CMSCWD_ The City or its consultant shall monitor the potential impacts of mining activities on the water resources of the site, and submit monitoring reports to the CMSCWD, WCD and the Minnesota DNR. 1 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 15 February 16, 2016 o The WCD monitored the potential impacts of the mining activities on the surface waters at the site during 2015 on behalf of the City, and submitted the required annual report. The City provided the reports to the CMSCWD, WCD (the LBG report), Minnesota DNR and submitted the groundwater report to the Washington County Department of Health. The WCD's report concluded that "To date, data results do not indicate any impacts to the stream caused by mining operations." The monitoring station on Zavoral Creek shall be maintained and monitored for the lifetime of the project. o The WCD installed stream monitoring equipment on Zavoral Creek in 2013, 2014, and 2015 prior to the start of mining operations to gather baseline data. Monitoring continued through the end of 2015, and indicated no impacts to the stream from mining operations. WCD staff recommended that monitoring follow the same procedures and methods in 2016. The City shall install a monitoring station upstream of or near Crystal Springs, analyze the data, and report at least annually on any impacts. o The WCD installed stream monitoring equipment near Crystal Springs. Surface water data were analyzed and included in the WCD's annual monitoring report to the City. WCD staff recommended that monitoring follow the same procedures and methods in 2016. The City shall complete an annual field review of the wetland boundaries of wetlands within the project area and determine any potential impacts. o On September 23, 2015, agency representatives and Tiller Corporation representatives met at the Zavoral Mine and Reclamation Project site to review the boundaries of the three wetlands, as required by the CUP. The WCD submitted the findings of the TEP panel with its report to the City. o Based on the field review and the Board of Water and Soil Resources (BWSR) concurrence, WCD staff recommended that no additional wetland boundary monitoring is required for the Zavoral Mine and Reclamation Project. The Planner included this recommendation and deleted the wetland boundary monitoring requirement from the proposed conditions for the 2016 AOP. The City or its consultant shall download the data from the monitoring sites on Zavoral Creek and Crystal Springs at least twice per month while the mine is in operation and after large storm events. The consultant will provide a summary of the data and analysis annually for use in the AOP evaluation. o The WCD gathered baseline and storm event data from the monitoring stations on Zavoral Creek, Crystal Springs and Middle Creek in 2015. The WCD reported that the data results do not indicate any impacts to the stream caused by the mining operations. The monitoring data included quick, unsustained spikes in turbidity at monitoring stations. The explanation is unknown, but the WCD indicated that it could be due to data logger error, sediment adhering to the sensor, animal activity, or other natural phenomenon, and is not due to mining activity. The applicant shall provide the wetland boundary delineation data to the City. The City shall monitor any changes to the wetland boundaries. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 16 February 16, 2016 o Tiller provided the boundary delineation data to the City as required. As noted above, the WCD is recommending that no additional wetland monitoring be required at the site. The City or its subconsultant shall complete twice annual macro -invertebrate monitoring on Zavoral Creek and provide the information to the CMSCWD. o In 2015, the WCD collected macroinvertebrate samples at the site. The WCD recommended that the same data collection occur in 2016. WCD Analysis and Recommendations Based on 2015 Monitorinq Data The WCD annual reports on surface waters, erosion and sediment control, and wetlands concluded that the results of the data analysis and site visits do not indicate any impacts to the stream or wetlands caused by the mining operations. The WCD recommended that monitoring continue in the same locations on Zavoral Creek, Crystal Springs, and Middle Creek in 2015, and follow the same procedures and methods used in 2015. Watershed District Comments The Carnelian -Marine St. Croix Watershed District (CMSCWD) reviewed Tiller's annual report and monitoring data gathered at the site. District Administrator Jim Shave noted that "The District is satisfied with the performance of Tiller Corporation with regards to the District permit #P13-002." Air Quality Monitoring and Dust Control The Zavoral Mine CUP and AOP include several conditions related to air quality monitoring and dust control, listed below in italics. Indoor Environment Group, Inc. (IEG) monitors the potential impacts of the mining operation on air quality on behalf of the City. The following section summarizes IEG's findings related to each of the conditions. The complete findings and recommendations for 2016 are presented in IEG's annual report to the City. The applicant shall obtain the required Air Emissions Permit from the MPCA prior to beginning any operations at the site, and provide a copy of the permit to the City. o Tiller obtained the required permit prior to the start of mining operations, and provided a copy of the permit to the City. The applicant shall implement the Dust Control Plan within 60 days of approval of the CUP. o IEG monitored the site during active mining operations, and noted that driveway and road sweeping operations were being performed on the days that IEG monitored the site. IEG indicated that the dust control implemented at the site is in compliance with the dust control plan, and that the current Dust Control Plan activities are effectively keeping dust and exhaust emissions to a minimum. The applicant shall utilize non -chloride, agriculturally derived organic polymers or naturally -occurring polymers on internal haul roads to control dust. The applicant shall reapply the polymers if they are no longer effective. o A water truck was used to water the unpaved portions of the Site to control dust in 2015. During periods of higher truck activity, dust control on internal unpaved i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 17 February 16, 2016 haul roads was completed using a non -chloride dust suppressant in accord with the approved Dust Control Plan. The site entrance was swept on a regular basis. The City or its consultants shall perform periodic on -site review and monitoring of dust control activities during the months that the mine is in operation to assure compliance with the CUP. o IEG completed monitoring at the site in 2015 as required by the CUP and AOP. Monitoring and analysis included respirable dust, silica, particulate monitoring, diesel particulate matter and nitrogen dioxide. The IEG analysis indicated that emissions at the site for all categories of particulates were well -below particulate levels and below EPA standards. IEG noted that the highest sustained dust levels at the mine entrance and downwind from the mine on Day 1 of monitoring at Site 2 (of 5 sites monitored) were higher than detected in previous monitoring, though still below EPA standards. The levels fell on Day 2 of monitoring, and IEG attributed the higher levels to a buildup of dust on the driveway and roadway on Day 1, and that driveway and road sweeping operations implemented on Day 2 decreased the dust levels markedly. IEG noted that haul roads should be watered twice per day if needed. IEG also noted that it observed 3 uncovered loads leaving the mine site, and suggested that Tiller remind truckers that loads need to be covered. The Planner included the condition regarding covered loads for the 2016 AOP. The Dust Control Plan and air monitoring procedures shall be reviewed and updated as necessary on at least an annual basis with the AOP application. o IEG reviewed the Dust Control Plan and recommended no changes for 2016. The report noted that daily or twice -daily sweeping activities may be necessary to control dust levels at the mine entrance. The City or its consultant shall establish air monitoring stations at a minimum of five locations, and collect samples as prescribed in the AOP. o IEG indicated that the air monitoring stations were established and samples collected as required in the AOP. The City or its consultant shall analyze and compare the air monitoring results to current State and Federal Ambient Air Quality Standards, and take action as prescribed in the AOP if the results indicate levels that are above the standards. o IEG completed monitoring at the site in 2015 as required by the CUP and AOP. Monitoring and analysis included respirable dust, silica, particulate monitoring, diesel particulate matter and nitrogen dioxide. The IEG analysis indicated that emissions at the site for all categories of particulates were below particulate levels and below EPA standards. The applicant shall water and wash haul roads on the site during active mining operations, in accord with the Dust Control Plan. o Tiller completed the watering of haul roads during active mining and utilized a non -chloride dust suppressant as required in the Dust Control Plan. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 18 February 16, 2016 The applicant shall wash hauling and loading equipment on a regular basis during active mining operations. o Tiller completed the equipment washing during active mining as required in the Dust Control Plan. The applicant shall complete sweeping activities as required by the AOP. o IEG observed that Tiller completed regular sweeping as required during its monitoring at the mine. IEG Analysis and Recommendations Based on 2014 Monitorinq Data The IEG monitoring and analysis indicated that the Dust Control Plan implementation is working to control particulates and emissions at the site. There were no violations of federal or state air emissions standards identified in 2015. Based on the monitoring results, IEG recommended the following for 2016: o Continue annual dust sampling activities, including during the summer months if the mine is in operation. o Continue monthly dust control site review. o Maintain compliance with the current Dust Control Plan o Remind truck drivers to cover loads prior to leaving the mine site. o The Planner included the IEG recommendations as proposed conditions for the 2014 AOP. Noise Monitoring The Zavoral Mine CUP and AOP include several conditions related to noise monitoring, listed below in italics. SBP Associates monitors the noise generated by the mining operation on behalf of the City. The following section summarizes SBP's findings related to each of the conditions. The complete findings and recommendations for 2015 are presented in SBP's annual report to the City. The project shall comply with the City's adopted noise standards (the City has adopted the MPCA standards as its standards). The City or its consultant shall complete noise monitoring at the Project site. The monitoring locations, protocols, and methodology shall be specified in the AOP. o SBP chose 5 monitoring locations including sensitive receptors around the mine site perimeter, and mapped the locations in their report. SBP's report described noise from mining operations as "occasionally just audible" at some sites during testing, and audible throughout the test at other sites. Noise levels were within State standards at each of the monitored locations. In residential areas, for example, the maximum L10 daytime noise limit is 65 decibels (dBA), and the maximum noise level among the five monitoring sites was 55.5.0 dBA. The maximum L50 daytime noise level permitted is 60 dBA, and the maximum level monitored at any of the five sites was 50.5 dBA. Detailed results and explanation of terminology are provided in the SBP report, and are similar to the results of monitoring completed in 2015. The AOP specifies that monitoring shall include one or two -worst case residential locations for each phase of mining, and conduct at least one hour of monitoring at each location on a quarterly basis during operations in the morning and one hour of monitoring during operations in the afternoon. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 19 February 16, 2016 o SBP's monitoring locations and duration met the AOP requirements. Noise monitoring shall include at least one hour of monitoring at a representative location along the St. Croix Scenic Riverway quarterly during mining operations. o SBP's monitoring included the required monitoring along the St. Croix River. A noise monitoring event will be conducted within three weeks of the beginning of each mining phase, weather permitting, during a typical haul event. o Monitoring was completed to meet the CUP requirements The City shall request access to properties as necessary and notify residents. o Access was requested as required. If the noise levels at the site exceed State standards, the applicant shall stop all work on the site, and the applicant will identify and take corrective actions to bring the noise levels into compliance. o Noise levels at the site did not exceed State standards in 2015. SBP Analysis and Recommendations Based on 2015 Monitoring Data SBP found that noise levels were within the State Standards at each of the monitoring locations during each of the required monitoring events. Sound from mining operations was intermittently audible at some of the sites, and audible at others, but did not exceed State Standards. SBP recommended no changes in the monitoring sites or protocol for 2016. Traffic and Monitoring The Zavoral Mine CUP and AOP include several conditions related to traffic and monitoring, listed below in italics. Bolton and Menk monitors traffic generated by the mining operation on behalf of the City. The following section summarizes Bolton and Menk's findings related to each of the conditions. The complete findings and recommendations for 2016 are presented in their annual report to the City. The City or its consultant shall complete traffic monitoring of the project. The traffic monitoring protocol and requirements shall be identified in the AOP. o Bolton and Menk completed the traffic monitoring as required in the AOP. The applicant shall maintain the traffic generated by the project so that traffic does not exceed the maximum levels analyzed in the EIS for Alternative 3—average 334 to 400 round trips per working day and 600 peak round trips per day. o Tiller reported that the overall average number of trips hauling material to and from the site per day in 2015 was 240 trips per day. The average number of trips per day on the dates that Bolton and Menk completed monitoring was 300 trips per day. Tiller reported that the peak number of trips per day was 600 trips. The number is within the maximum levels analyzed in the EIS for Alternative 3. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 20 February 16, 2016 The AOP requires that the consultant complete a 14-hour video log of the TH 97 and CR 91 (Lofton Avenue) intersection. The consultant shall provide a summary of observations and identify any issues or problems. o Bolton and Menk's monitoring included the required video log. The analysis indicated that "haul trucks occasionally caused vehicles to slow down to let the haul trucks maneuver the intersections." The report did not indicate that the issue is significant or warranted any change in operations or monitoring. The report suggested the following: Truck warning signs may be beneficial at intersections where haul trucks are turning/crossing to warn motorists of potential trucks. The intersection of TH 97 at TH 95 and at TH97 at Lofton Avenue would benefit the most from truck warning signs due to the haul truck movements at these intersections. An application to install truck warning signs at the requested locations was submitted to MnDOT, but Tiller had not yet received a decision from MnDOT. ■ In conclusion, low volumes along with low crash rates indicate safety on the corridor has not been compromised due to trucking operations at the Zavoral Mine. However, if any traffic issues are identified in 2016, video data and analysis may be necessary to verify the problem and recommend improvements. The AOP requires that the consultant complete a 14-hour video log of the TH 95 and TH 97) intersection. The consultant shall provide a summary of observations and identify any issues or problems. The consultant report indicated the following: o The video log was completed. Observations are noted above. The applicant shall regularly monitor the entrances and exits to the site, and work with their hauling contractors and truck drivers to improve compliance with traffic laws. o Tiller completed the monitoring and work with hauling contractors as required. The problems identified in 2014 that led to this condition in the AOP were not reported in 2015. This condition has been reworded from "improve" to "maintain compliance with traffic laws" in the 2016 AOP. If the City documents that haul trucks are not complying with traffic regulations at the TH 97 and Lofton Avenue intersection, or entrances and exits from the Scandia Mine, the City may require that trucks cease use of the TH 97 and Lofton intersection, and must use the TH 97 and Manning intersection for haul trips. o The City did not document significant problems with traffic regulation compliance in 2016. This condition was not included in the 2016 AOP. The City shall review the crash records for roadways in the area that will be used for hauling every six months to identify safety issues. o Bolton and Menk reviewed the Mn/DOT crash data that was available for 2015. The data identified eight crashes on the TH 97 corridor, and no crashes on Lofton. None of the crashes involved haul trucks. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 21 February 16, 2016 o The report suggests that video monitoring may be completed in 2016 if issues are identified in the corridor. The Planner reworded the 2015 condition based on this recommendation. Traffic generated by the project shall not exceed the maximum levels analyzed in the EIS for Alternative 3 (average 334 to 400 round trips per working day; 600 peak round trips per day.) o Tiller reported that the average number of truck trips per day was 240, and the peak number of trips per day was 600. Bolton and Menk's report indicated that approximately 300 trips occurred on the dates when they monitored the corridor. Traffic generated in 2015 complied with the CUP and AOP conditions. Reclamation Plan Tiller submitted a detailed Reclamation Plan for the Zavoral Mine site that was approved as part of the CUP, and a revised Reclamation Plan that the City approved in 2014. Reclamation in 2015 focused on management of the Phase 1 Reclamation area, the establishment of the Transition Area included in the 2014 revised plan, and grading and topsoil placement in the Phase 2 Reclamation area. Reclamation included the completion of the main access road in the Phase 2 reclamation area, and relocating the utility poles to accommodate the reclamation grades. Tiller's annual report stated that reclamation activities in 2016 will continue the maintenance and monitoring activities in the Phase 1 area and Transition Area, seeding in the Phase 2 reclamation area, and begin reclamation activities in the Phase 3 and 4 areas. The CUP for the Zavoral Mine included the following conditions for reclamation (in italics). Tiller's performance follows each condition in plain text. Tiller required to revise the Reclamation Plan within 60 days of approval of the CUP. o Tiller submitted a revised Reclamation Plan that met the CUP requirements on April 13, 2013. Reclamation to proceed concurrently and proportionally to mining operations. Progress to be demonstrated in each AOP application. o Tiller reported the reclamation activities completed in 2015 and proposed for 2016 in the 2016 AOP application. The reclamation to date is proportional to mine operations. Tiller required to use clean, non -contaminated fill and topsoil for all reclamation, and establish permanent native vegetation on reclaimed areas per the schedule in the Reclamation Plan. o Clean fill and topsoil were applied in the Phase I area in 2015, and the site was seeded with native prairie mixes as specified in the Reclamation Plan. Reclamation success must meet the criteria included in the CUP conditions. Vegetation establishment and monitoring shall continue for five years after completion of the project. o The WCD monitored the reclamation activities in 2015, and found that the reclamation met the criteria and requirements of the CUP and 2015 AOP. 1 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 22 February 16, 2016 Performance monitoring noted that native seedling establishment was high, with at least 2 to 3 native seedlings per square foot, which meets performance standards for a second -year planting. City shall monitor transplanting of trees to ensure a survival rate of at least 80%. Survival rates of less than 80% will require replacement of dead trees by the applicant. o Tiller worked with the City to develop a revised reclamation plan in 2014 due to the lack of survival of transplanted white pines. The City approved a revised plan in 2014, and Tiller implemented the plan. The activities in 2015 complied with the AOP conditions and revised plan. The WCD reviewed the annual reclamation report, provided the following comments: During the 2015 site inspections, the WCD observed the successful establishment of the prairie in Phase I. Native vegetation was dominant and diverse throughout the reclamation area. It is likely that Phase I will meet the reclamation success parameters as stated in the CUP. Tiller began implementation of the Transition Area Development Plan in the fall of 2014, which included selective herbicide application and vegetation removal. The transition area was planted with a total of 100 trees and shrubs in May 2015. WCD checked the status of the trees and shrubs throughout 2015, and the plantings remained viable throughout the year. Based on the field reviews of the reclamation activities in 2015, the WCD finds that the reclamation meets the requirements as given in the CUP and the 2015 annual operating permit, taking into account the City's approval of the Transition Area Development Plan and its implementation as an alternative to planting replacement trees. Other Operating Requirements 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 2015 indicated that the setbacks were maintained and meet City requirements. Fencing A portion of the site along State Highway 95 is fenced with a four -foot high chain link fence, as indicated on the approved site plan, with a locking metal gate at the site entrance. The fencing meets the intent of the City's Ordinance. City staff reviewed the fencing during site visits in 2015, and verified that it meets the requirements of the Ordinance and CUP. A Washington County deputy reported two parties trespassing in the mine in August, 2015. He requested that the Tiller post a "no trespassing" sign on the south side of the gate, and a "no parking" sign in the entrance area. He was concerned that during summer months when the mine is not operating there is a need to diminish trespassers and avoid potential injuries. The 7 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 23 February 16, 2016 Planner included a condition for the 2016 AOP that Tiller post a "no trespassing" sign and "no parking" sign in the locations recommended by the deputy. Hours of Operation The site is operated from 7 a.m. to 7 p.m. Monday through Thursday and between 7 a.m. to 2 p.m. on Friday, excluding Federal holidays, and during daylight hours, or one hour before sunrise and one hour after sunset during seasons when daylight is not available between 7 a.m. and 7 p.m. The Applicant is required to obtain the City's permission for any extended hours in accordance with procedures set in Ordinance No. 103. Tiller did not request extended hours in 2015. Screening Screening berms, wooded buffer areas, TH 95 and agricultural fields separate the mining site from surrounding properties, per the site plan approved with the CUP. The required screening berm shown in the site plan was constructed along the west and southwest perimeter of the property from October to December 2013. In early Fall, 2015, a small portion of the screening berm along the west portion of the mine was regarded in order to recover a portion of the aggregate deposit. When the regarding was complete, the disturbed portion of the berm was seeded and mulched to stabilize the slopes. City staff reviewed the screening during annual site visits in 2015, and the screening meets the requirements of the CUP. Noise The site is required to comply with State and City noise standards. The monitoring completed in 2015 indicated that the site did not violate the standards in 2015. Site Clearance Site clearing has occurred in the Phase 1 and 2 mining areas. Tiller stores the topsoil for future use in reclamation. The clearance and disposal of waste meet the CUP requirements. Appearance/Condition The City's site inspections in 2015 confirmed that the site and facilities are maintained in a neat condition. The CUP does not include conditions for improvement of the appearance or condition of the site. Sanitary Facilities The application indicates that site is served by portable 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 2015. Waste Disposal The application indicates that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. Site visits in 2015 confirmed that the Applicant is meeting the requirements of the CUP. 1 Scandia City Council Tiller Zavoral Mine 2016 AOP Page 24 February 16, 2016 Fuel and Chemical Storage Tiller installed a portable 500-gallon double -walled above ground storage tank at the site, which is used to fuel the operating equipment. Tiller filed an AST Notification form with the MPCA within 30 days of tank installation, as required. Fueling occurs over a hard -surfaced pad constructed of compacted millings. The tank location is up -gradient of the on -site groundwater monitoring well and more than 500 feet from any surface waters. The location is indicated on the Site Plan, and meets the ordinance and CUP requirements. Contingency Response Plan The site operates under an Emergency Contingency Response Plan that was submitted and is on file at the City. Processing No processing is occurring or planned at the site. Trucking Operations The site has access to State Trunk Highways 95 and 97. The main haul route from the site is State Highway 97 westbound and then northbound on County Road 91 (Lofton Avenue) to the Scandia Mine. Lofton Avenue is a paved 9-ton road. The applicant constructed the required northbound right turn lane from State Highway 95 into the Zavoral Site in 2014. The City received one complaint that trucks were speeding on Lofton Avenue in early 2015, and included conditions related to the issue in the 2015 AOP. The City did not receive additional complaints regarding trucking in 2015. Signs The CUP required installation of truck warning signs, contingent upon approval from the appropriate road authority. Tiller applied to Washington County to request installation of a truck entering sign at Lofton Avenue near 2231 street. Washington County denied the request, and indicated that there are adequate site distances to the Scandia Mine on Lofton Avenue. Tiller applied to Mn/DOT to install warning signs near the TH 95 and TH 97 intersection. Mn/DOT has not ruled on the request to date. SITE INSPECTION City staff completed site visits to the Zavoral site on October 7, 2016. The site visit in October reviewed site operations in relation to the AOP and CUP conditions, and including documenting conditions on the site in site photos. The site visit also reviewed the reclamation activities and included discussion of difficulties encountered in transplanting white pines. The site inspection indicated that Tiller is complying with the conditions of the CUP and AOP. The inspection concurred with the WCD comments that prairie establishment in the Phase 1 Reclamation Area is excellent, with over 50 native species noted in the seeded areas. ACTION REQUESTED: The City Council can: i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 25 February 16, 2016 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 2016 AOP for the Zavoral Mine and Reclamation Project, with the following conditions: (Dates were updated as needed. Proposed new or revised conditions are underlined. Conditions related to wetland boundary monitoring and special traffic monitoring required during the 2015 AOP were removed based on WCD and staff recommendations.) 1. All site operation and reclamation activities shall, in addition to the requirements of the Conditional Use Permit and this Annual Operating Permit, comply with and be governed by the Conditional Use Permit Compliance and Reclamation Agreement between the City, the Applicant and the Owner approved by the City on February 19, 2013, and the updated Reclamation Plan approved in 2014. 2. Site operations in 2016 shall be consistent with the application and plans submitted to the City in November 2008, and as required by the Conditional Use Permit and these conditions. 3. The applicant's 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. 4. The applicant shall inform all of its contractors about the following requirements related to trucking operations, and monitor compliance with the requirements by all of its contractors: a. Engine braking is prohibited in Scandia per City Ordinance. b. Lofton Avenue is restricted to daylight hours only as defined in the CUP for the Zavoral Mine and Reclamation Project. c. Haul loads are required to be covered. 5. The City or its consultants shall monitor the potential impacts of mining activities on the ground and surface water resources at the site while mining activities are occurring at the site. The applicant shall cooperate with the City as requested to complete the monitoring activities. The City shall submit all status reports and ground and surface water monitoring reports to the applicant, CMSCWD, the WCD and the Minnesota DNR. 6. The City's consulting hydrogeologist shall make monthly site visits to download groundwater monitoring data and collect manual measurements. Monitoring shall occur during all months when the mine is in operation. The hydrogeologist shall evaluate the data and report the results to the City at least quarterly or more frequently if the consultant identifies issues or problems during the monitoring activity. 7. The City or its consultant shall install a monitoring station upstream of or near the existing monitoring station near Crystal Springs in order to isolate potential effects due to mining i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 26 February 16, 2016 from other effects to due unrelated activities within the watershed. The applicant shall permit installation of the monitoring station on the Project Site if requested. The City or its consultant will analyze the data to determine the effect, if any, to the springs due to the Zavoral Mine operation, and identify any negative impacts. Monitoring shall occur during all months when the mine is in operation, weather permitting. 8. The City or its consultant shall install a monitoring station on Middle Creek to collect the same continuous parameters as the stations installed on Zavoral Creek and Crystal Springs. The applicant shall permit installation of the monitoring station. The City or its consultant will analyze the monitoring data to determine the effect, if any, to the creek due to Zavoral mine operation, and identify any negative impacts. Monitoring shall occur during all months when the mine is in operation, weather permitting. 9. The City or its consultant shall visit the monitoring sites on Zavoral Creek, Middle Creek., and near Crystal Springs at least twice per month to download the automated data loggers at the monitoring stations and gather data for analysis and analyze the water quality and quantity data gathered at the site. Monitoring shall occur during all months when the mine is in operation, weather permitting. The consultant may also visit the sites after large storm events to gather and analyze monitoring data. If the consultant detects any negative impact to Zavoral Creek, Middle Creek or Crystal Springs, due to the Zavoral Mine operation, they will notify the City immediately. The consultant shall provide a summary of the monitoring data and analysis by early January for use in the AOP evaluation. 10. The City or its consultant shall complete twice annual macro -invertebrate monitoring on Zavoral Creek and provide this information to the CMSCWD. 11. The City or its consultant shall perform periodic on -site review and monitoring of dust control activities to assure compliance with this permit. Monitoring shall occur during all months that the mine is in operation. The applicant shall cooperate with the City as requested to complete the monitoring activities. 12. The City or its consultant shall establish air monitoring stations at a minimum of five locations: upwind of mining and loading operations, downwind of mining and loading operations, at the site entrance, downwind of the site entrance, and downwind of one location on the haul route. The City may establish additional monitoring locations based on City or public concerns. 13. The air quality monitoring plan shall include the collection of the following samples at each sampling location: Airborne particulate matter PM10 (monitor using a fibrous aerosol monitor fitted with a PM10 impactor); Respirable dust (using cyclones/37mm PVC cassettes and lab analysis [NIOSH method 0600/7500; mod OSHA ID-142]); Respirable silica, quantitative (using cyclones/37mm PVC cassettes and lab analysis); Diesel particulates (37 Quartz Fiber NIOSH 5040) and Nitrogen dioxide (TEA Tude, OSHA ID-1820; or equipment and methods that meet current OSHA or State standards. A monitoring station for respirable dust and respirable silica shall be established as close as possible to and downwind of the on -site operations. 14. The City or its consultant shall analyze and compare the air monitoring results to current State and Federal Ambient Air Quality Standards, ACGIH TLV or OSHA PELS or current applicable standards. 15. If sample results indicate levels above generally accepted or mandated action levels, the applicant shall stop all work on the site, review operating procedures and modify Project i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 27 February 16, 2016 operations as necessary to reduce emissions. The City shall complete additional monitoring immediately after new procedures are in place to confirm that an acceptable reduction in emissions has occurred. 16. The applicant shall water and wash haul roads on the site during active mining operations, in accord with the applicant's updated Dust Control Plan, unless recent precipitation is keeping haul roads washed and wet. 17. The applicant shall wash hauling and loading equipment on a regular basis during active mining operations. 18. The applicant shall complete sweeping activities using vacuum -assisted sweeping equipment or similar equipment that ensures that sweeping operations do not generate visible airborne emissions. 19. The City or its consultant shall complete noise monitoring at the Project site. The applicant shall cooperate with the City as requested to complete the monitoring activities. 20. Noise monitoring shall include identification of one or two worst -case representative residential locations for each phase of mining and conduct at least one hour of monitoring at each location on a quarterly basis during operations in the morning and one hour of monitoring during operations in the afternoon. 21. Noise monitoring shall include at least one hour of monitoring at a representative location along the St. Croix Scenic Riverway quarterly during mining operations. 22. A noise monitoring event will be conducted within six weeks of the beginning of each mining phase, weather permitting, during a typical haul event. The City may conduct additional monitoring if needed based on site conditions. Monitoring shall be conducted in accord with Minnesota Rules. 23. The City shall notify residents of monitoring periods and request access to properties as necessary to conduct monitoring activities. 24. If monitoring results indicate levels above state standards, the applicant shall stop all work on the site, review operating procedures and modify Project operations as necessary to reduce noise to permitted levels. The City shall complete additional monitoring immediately after new procedures are in place to confirm that an acceptable reduction in noise has occurred. 25. The City or its consultant shall complete traffic monitoring of the Project. The applicant shall cooperate with the City as requested to complete the monitoring activities. 26. The Applicant shall maintain the traffic generated by the Project so that traffic does not exceed the maximum levels analyzed in the EIS for Alternative 3—average 334 to 400 round trips per working day and 600 peak round trips per day. 27. The City or its consultant shall complete a 14-hour video log of the TH 97 and 95 intersection that shall include the new access to the Zavoral site and count the numbers of trucks entering and exiting the site. The City's consultant shall review the log, and shall provide a summary of the observations related to traffic operations to the City, and identify any issues or problems related to the conditions required for operations. If issues are identified, the City may order additional video traffic counts. i Scandia City Council Tiller Zavoral Mine 2016 AOP Page 28 February 16, 2016 28. The City or its consultant shall complete a 14-hour video log of the TH 97 and CR 91 (Lofton Avenue) intersection in 2016 if traffic issues are identified. The consultant shall provide a summary of observations to the City and identify any issues or problems. 29. 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. 30. The City shall review the crash records for the roadways in the area that will be used for truck -hauling every six months, to identify safety issues. The City shall contact Mn/DOT to discuss safety issues if identified. 31. The applicant shall post a "no trespassing" sign on the south side of the pate to the property and a "no parking" sign near the entrance to the mine site. 32. The City or its consultants shall complete monitoring of reclamation activities on the site on behalf of the City. The applicant shall cooperate with the City as requested to complete the monitoring activities. The City shall inspect the reclamation activities on an as -needed basis. 33. The applicant shall submit to the City quarterly reclamation activity progress reports during the growing season post -seed installation of each monitoring area, and shall submit an annual reclamation report with the AOP application for 2017. 34. The applicant shall provide advanced notice to, and shall obtain written approval from the City prior to deviating from any performance requirement contained within the CUP or AOP. Failure to obtain written approval for a deviation from the performance requirements of the CUP or AOP shall be a violation of this AOP. 35. The applicant shall maintain the letter of credit for the Phase 2 reclamation work at the City. 36. This Annual Operating Permit shall expire on March 31, 2017. 37. The applicant shall pay all fees and escrows associated with this application. ACTION REQUESTED: Staff request that the Council review this report and approve the AOP at the meeting on February 16. i