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10.b)1) Staff report Tiller Scandia Mine 2016 AOP444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia City Council Reference: Tiller Corporation —Annual Operating Permit Application for Scandia Mine Copies To: Neil Soltis, City Administrator Mike Caron, Tiller Corporation Christina Morrison, Tiller Corporation Kirsten Pauley, Sunde Project No.: 16022.002 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: February 11, 2015 SUBJECT: Tiller Corporation, Inc. - Annual Operating Permit (AOP) Application for a Mining and Processing Operation MEETING DATE: February 16, 2016 LOCATION: Sections 7 and 8, Township 32 North, Range 20 West; all that part of the south half of the Northwest Quarter of Section 35,Township 32, Range 20, Washington County, Minnesota; and Section 17, Township 32, Range 20 APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 60-DAY PERIOD: March 27, 2016 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans and Related Submittals; subconsultant and agency comments An employee owned company promoting affirmative action and equal opportunity Scandia City Council Tiller Scandia Mine 2016 AOP Page 2 February 16, 2016 BRIEF DESCRIPTION OF THE REQUEST: Tiller Corporation has applied for an Annual Operating Permit (AOP) for an existing sand and gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and currently operates under Conditional Use Permits (CUP's) granted by the City on May 20, 2008. The Tiller mine site previously operated under a CUP issued by Washington County when the County exercised land use authority within New Scandia Township. Permitted activities included the mining and processing of aggregate, the production of hot -mix asphalt, and the recycling of concrete and asphalt products. The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining season. Applications are due by January 31 each year, so that permits can be approved before the start of the mining season in that year. The applications for the Scandia Mine Site since 2010 have included both the Tiller site and the adjacent site that was formerly the Dresel Mine site. The former Dresel site is south of the Tiller mine site. Tiller purchased the Dresel site in 2009 and is operating both sites. The City issued a CUP for mining and processing at the Dresel site on May 20, 2008. As the Owner of both sites, Tiller needs to comply with the conditions of both the Tiller and Dresel CUP's. Issues and compliance with each are discussed in this report. The City Council approved a CUP and an AOP for Tiller's Zavoral Mine Site on February 19, 2013. Tiller began operations at the Zavoral Site in the fall of 2013. Tiller and its operators transported aggregate materials from the Zavoral Site (Class "C" add rock) to the Scandia Mine site for storage and processing during the 2013-2015 mining seasons. The City responded to complaints related to wetland impacts, berms and screening on the former Dresel site in 2015. The complaints, response, and recommendations 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 CUP's for the Tiller and Dresel sites. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. CONDITIONAL USE PERMIT REQUIREMENTS Tiller Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing at the Scandia Mine site for Tiller Corporation on May 20, 2008. The conditions i Scandia City Council Tiller Scandia Mine 2016 AOP Page 3 February 16, 2016 included the items noted on the table below. Tiller's performance is also indicated on the table and in the text sections that follow: 2015 issues are identified in underlined text. Condition Deadline Status Specified in CUP 1. Comply with CUP Ongoing In process --monitored by City staff and consultants. Complaints received related to berms at site and required modifications and recommendations for 2016 AOP are discussed below. 2. Comply with Rules and Ongoing In process --monitored by City staff and Regulations consultants. 4. Permits from None specified Received July 10, 2008 and on file at the City. CMSCWD 5. Installation of three July 20, 2008 The required monitoring wells were installed Monitoring Wells in 2008. One well was taken out of service in 2011 to accommodate reclamation activities (MW-2). Tiller has sealed this well and will revise the groundwater monitoring plan to reflect the change. Monitoring results for 2015 were provided with the AOP application and reviewed by Leggett, Brashears, and Graham, Inc. (LBG), the City's groundwater consultant. 6. Ground Water July 20, 2008 Plan was approved in the fall of 2008, and Monitoring revised in 2013 The plan is on -file at the City. 7. Excavation below water May not begin Excavation into the water table began in table before August 20, 2009. CUP permits mining into ground water 2008 to a depth of 50 feet. Excavation into the groundwater table occurred in 2013 to a depth of 15 to 20 feet. Tiller did not mine into the groundwater table in 2014 or 2015, but may do so in 2016. Water level data is collected on an ongoing basis and submitted to the City. Water level data has been submitted for this application, and LBG's review and comments are discussed in the section on Groundwater Monitoring. 8. Production Well July 20, 2008 Production well records are being kept by Records Tiller Corp. and are available to the City. Water use at the site in 2015 was 990,900 gallons. The DNR Water Appropriation Permit for the site allows up to 20 million gallons to be used each year--18 million gallons per year for washing, and 2 million gallons per year for dust control. 7 Scandia City Council Tiller Scandia Mine 2016 AOP Page 4 February 16, 2016 Condition Deadline Status Specified in CUP 9. Ground Water Analysis None specified Groundwater samples were analyzed for - DRO and GRO DRO. No gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. Monitoring results were included with the application and reviewed by LBG. Monitoring was completed in accord with the monitoring plan, and identified no DRO or other ground water concerns. 10. Map of Index Well Sites July 20, 2008 Map was provided to the City on August 28, 2008. 11. Asphalt Plant Setback Ongoing Setback has been maintained as required by from Lake the CUP. 12. Lake Depth Ongoing Application indicates that the depth of excavation will not exceed fifty feet below the water table, per the CUP. Excavation depth to date was approximately 15-20 feet into the groundwater table through 2013. No additional excavation occurred in 2014 or 2015. 13. Truck Signage and July 20, 2008 Washington County has posted Lofton and Roadway Cleaning Manning Avenues per County requirements. Tiller has posted signs on 218th Street and at Lofton Avenue to restrict trucks from using 228'h Street per City of Scandia requirements. The signs were in place at the City site visit in 2015. 14. Lofton/Highway 97 July 20, 2008 Tiller restricts importing add -rock from Lofton Intersection Avenue during non -daylight hours per the CUP re uirements. 16-19. Updated July 20, 2008 Included in application materials; discussed Reclamation Plan below. 20. Letter of Credit/Security Due before AOP The financial guarantees are current. approval 21. AOP Application January 31, Application submitted on January 27, 2016 Submittal annually and determined to be complete. Dresel Mine Site The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Dresel Contracting, Inc. on May 20, 2008. Tiller Corporation now owns and operates this site, and therefore must also comply with the conditions of the Dresel CUP. 2015 issues are identified in underlined text. °i Scandia City Council Tiller Scandia Mine 2016 AOP Page 5 February 16, 2016 Condition Deadline Status Specified in CUP 1. Comply with CUP Ongoing In process --monitored by City staff and consultants. Complaints received related to berms at site and required modifications and recommendations for 2016 AOP are discussed below. 3. Comply with rules and Ongoing In process --monitored by City staff and regulations consultants. 4. Permits from CMSCWD None specified Received July 10, 2008 and on file at the City. CMSCWD Administrator commented that wetland mitigation that will be required on the site needs to meet the Watershed District requirements and rules. 5. Installation of Monitoring July 20, 2008 Installed in May, 2008. Groundwater Wells Plan was updated to reflect changes to monitoring well MW-2 in 2013. Site complied with plan in 2015. 6. Revise Proposed July 20, 2008 City approved a maximum mining depth Conditions Plan Pit at 922 feet-amsl at the Dresel site, Elevations ensuring three feet of separation between the floor of the mine and the water table surface during high water table conditions, based on monitoring results. 7. Ground Water Monitoring July 20, 2008 Approved in October, 2008 and on file at Plan the City. 8. Revise Site Plan to include July 20, 2008 Provided to City on August 28, 2008. Index Wells 9. Identify Bench Mark July 20, 2008 Established at top of Well Casing MW-1. Elevation 10. Ground Water Analysis - None specified Samples are analyzed for DRO when DRO and GRO mining activity is occurring. No gasoline is stored on site. If gasoline storage is added, GRO will be analyzed. No DRO or other contaminants detected in 2015 monitoring. 11. Signage on 218th and Ongoing Signage was installed and meets the Roadway Cleaning CUP requirements; inspected by City staff during 2015 site visit. 12. Truck Cleaning Ongoing Trucks must meet requirements for cleaning per CUP. No issues identified in 2015. 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. Aqency panel determined in 2015 that 7 Scandia City Council Tiller Scandia Mine 2016 AOP Page 6 February 16, 2016 Condition Deadline Status Specified in CUP mitigation is required. Discussed in staff report. 14-17. Updated Reclamation July 20, 2008 Reclamation Plan revised as part of Plan combined Reclamation Plan submitted for the Tiller site with the AOP application. 18. Letter of Credit/Security Before AOP Financial guarantees are current. approval 19. AOP Application January 31 Application submitted on January 27, 2016, 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 (Figure C-1). Excavation activities in 2010-2011 removed material between the Tiller site and former Dresel Mine site, merging the two sites into one. Tiller mined both sites in 2015. The mining operation includes removal of overburden, excavation of sand and gravel, crushing, washing, screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the production of hot - mix asphalt and reclamation activities. The overburden is removed from areas to be mined, and stockpiled on the site for use in reclamation activities. The Scandia Mine operated in past years on a seasonal basis from mid -April to mid -November, depending on weather conditions. The opening of the Zavoral Mine has extended operations at the Scandia Mine into the winter months to handle material transported from the Zavoral Mine. The Applicant indicated that the mining activities at the site will continue to operate as they have in the past during the 2016 mining season, and will occur on both the Tiller and Dresel sites. Proposed active mining areas are indicated on the Site Plan (sheet Cl). Mining will occur in both the east and west portions of the Scandia mine and on the Dresel site. Processing activities will also occur at the site in 2016. Tiller anticipates transporting additional class "C" add rock material mined at the Zavoral Site to the Scandia Mine site in 2016. While class "C" add rock is transported to the Scandia site from the Zavoral site, no class "C" add rock will be transported to the site from other mine sites. The applicant must comply with the conditions included in the Zavoral Mine and Reclamation Project AOP relating to truck hauling and related conditions that impact the Scandia site. Mining into the groundwater began at the site in 2009. This activity has been described in the previous mining plans for this site, and was evaluated in the Environmental Assessment Worksheets completed for the Tiller site in 1987 and 1999. Excavation depth to date is approximately 15-20 feet into the groundwater table. (The CUP allows mining into the groundwater to a maximum depth of 50 feet.) The AOP application indicates that mining into the groundwater table last occurred in 2013, did not occur in 2014 or 2015, and may occur in 2016. I Scandia City Council Tiller Scandia Mine 2016 AOP Page 7 February 16, 2016 The asphalt plant at the site is equipped with a bag -house air pollutant collection device, and operates under a Minnesota Pollution Control Agency (MPCA) Air Emissions Permit. Storage tanks as the site (for fuel and asphalt cement) are regulated by the MPCA. The main access routes to and from the site are Manning Avenue (County Road 15) and Lofton Avenue (County Road 1). Both Manning and Lofton are paved. The haul road from Manning Avenue is paved through the site to the hot -mix asphalt plant and loading area. Annual Activity The application generally includes the data required by the ordinance regarding annual activity on the site, as follows: 2014 2014 The amount of material removed from the site: 215,600 Tons 334,500 Tons Amount of add -rock brought onto the site: 363,620 Tons 560,500 Tons (511,300 tons of class C add -rock hauled from Zavoral mine to the Scandia mine; and 49,200 class A and B and D add -rock) Recycled asphalt and concrete brought to the site: 50,000 CY 55,000 CY Average number of trips to and from the site each day: 238Trips/day 308 Trips/day* *The 2013 AOP requires Tiller to report the numbers and source of trucks hauling Class C add - rock from the Zavoral Mine site and other sites to the Scandia Mine site quarterly to ensure that additional truck traffic does not result from the Zavoral Site at peak demand concurrently with other sites. The Site Plan included in the application (sheet Cl) shows the areas proposed for active mining and reclamation activity in 2016. The 2016 production schedule anticipates mining and processing in 2016 in the areas shown on the plan. Ground Water Monitoring Plan and Monitoring Issues The approved Groundwater Monitoring Plan for the site is on file at the City. The City's groundwater consultant, Legette, Brashears, and Graham, Inc. (LBG) reviews the ground water monitoring results each year for the AOP and provides comments to the City. LBG Analysis and Recommendations Based on 2015 Monitoring Data LBG reviewed the data and analytical reports from the monitoring wells on the Tiller site that were submitted with the application. LBG's comments noted the following: 2015 groundwater monitoring was completed in accordance with the approved monitoring plan. Diesel Range Organics (DRO) were not detected above the method detection limit in the samples collected in Sept 2015. These and other groundwater chemistry results indicate no concerns; Groundwater flow direction across the site is generally to the north and consistent with previous submittals; 7 Scandia City Council Tiller Scandia Mine 2016 AOP Page 8 February 16, 2016 Groundwater levels in the monitoring wells across the site rose approximately 1 foot between September 2014 and April 2015 and then increased approximately 1 foot through October 2016. The long-term and seasonal fluctuations are caused by local and regional water table fluctuations and are unrelated to mining activities. Tiller provided a hydrograph that illustrates the groundwater elevations on the site from 2008 to November 2015 as part of their annual report. 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 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 in October, 2015, and verified that it meets the requirements of the Ordinance and CUP. Hours of Operation The site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays. The Applicant is required to obtain the City's permission for any extended hours in accordance with procedures set in Ordinance No. 103. The City approved extended hours for the operation of the asphalt plant, including hauling for four days in early October 2015, in order to accommodate the County Road 16 Project near Taylors Falls. The hours were needed due to unexpected delays in the project. Extended hours were only utilized on one of the requested days (October 1), when the site operated until 8 p.m. The City received no complaints related to the extended hours. Screening and Berms 1. Complaint Regarding 218t" Street Berm and Modifications in 2015 The City received a complaint from a resident in late 2014 that the berming was no longer sufficient along 21811 Street due to additional excavation in the former Dresel mine site, and indicated that mining activity was visible from 218t" Street. Tiller's 2015 AOP application (January, 2015) noted that a berm was removed adjacent to 218tn Street to accommodate final reclamation. However, the City's Mining Ordinance requires that active mining activities be screened "to minimize impacts on surrounding properties" by providing a continuous screen along roadways and the perimeter of the site. Staff site visits i Scandia City Council Tiller Scandia Mine 2016 AOP Page 9 February 16, 2016 indicated that some mining activity was visible from 218th Street. The City included a condition in the 2015 AOP that required Tiller to modify the berm under construction near the Roth property and/or add vegetation along 218th Street North to screen all mining activities from view to comply with the City's Mining Ordinance. In response to the condition in the 2015 AOP, 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. The berm was constructed to provide additional screening from 218th Street and from surrounding properties since the previous berm was removed to accommodate reclamation. Tiller planted eastern red cedar trees in the fall of 2015 along 218th Street to fill in the gaps in existing screening. Staff reviewed the additional berming and screening, and recommend that it meets the ordinance requirement and 2015 AOP condition. 2. Complaint regarding berminq on the north side of the Scandia Mine A resident contacted the City on January 25, 2016 and stated that materials were being hauled to the Scandia mine after the permitted hours of operation, and that the material piles are clearly visible beyond the mine property. The City Administrator visited the site and photographed the material piles. The Mining Ordinance includes a performance standard for screening as follows: Where deemed necessary by the City, extracting and processing operations shall be screened or located in such as manner as to minimize the impacts on surrounding properties. To minimize noise, dust, odors, erosion and visual impacts on surrounding properties, a continuous screen shall be installed and maintained, either along the street or along the perimeter of the visible portion of the area being operated." The ordinance also requires that "Processing equipment must be screened from view from other property and from public roads." City staff reported the complaint to Tiller, and requested that Tiller provide a response, including recommendations for steps that can be taken to screen the growing stockpiles of material and processing equipment. Tiller indicated that they spoke with their operations staff, and that they have not been operating outside the permitted operating hours for the Scandia Mine. Tiller sent a letter to the City dated February 9 (attached) that includes their response regarding the berming at the site. The letter notes the following: o The ordinance requires that mine operations "minimize visual impacts on surrounding properties o Tiller has established berms and planted trees in the past to screen site activities. Processing and stockpiling are located in recessed portions of the site to minimize visibility. o It is impractical to provide a 100% screen for the site. Tiller believes that they have made reasonable efforts to minimize visual impacts to the extent practical. o The material that is being hauled from the Scandia Mine needs to be stored on the site. The activity will soon be coming to an end. o Tiller is working with their operations team to place additional add -rock from the Zavoral mine laterally rather than vertically on the site. o The existing screening berms meet the ordinance requirements. i Scandia City Council Tiller Scandia Mine 2016 AOP Page 10 February 16, 2016 The Council may review Tiller's response to the complaint, and the photos that the City Administrator took from the property. The Council may determine if the existing screening and berming meets the ordinance requirement to "minimize the impacts on surrounding properties." Dust Control Major haul roads are hard -surfaced or covered with asphalt millings as dust control measures. The application indicates that the Applicant uses a water truck to control dust on unpaved portions of the site, and calcium chloride is applied to provide dust generated by trucking activity. The applicant indicated that these actions were implemented in 2015 and will be continued as needed in 2016. The CUP does not require additional dust control efforts. The City did not receive complaints about dust control at the site in 2014. Noise The Applicant must comply with all Federal, State, and City noise standards. The City received no noise complaints related to the Scandia Mine in 2015. 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 (msl) on the former Dresel Mine site. The 2016 AOP application indicates that additional mining into the water table may occur in 2016 and indicates that excavation on will comply with the limits permitted in the CUP. Site Clearance Site clearing did not occur in 2015, and is not anticipated in 2016. Any clearing in 2016 would occur within the potential mining area shown on the site plan, within the mining limits. Appearance/Condition The City's site inspection in 2015 confirmed that the site and facilities are maintained in a neat condition. Sanitary Facilities The application indicates that site is served by individual sanitary facilities that meet the requirements of the City's Ordinance and the Mine Safety and Health Administration. City staff inspection confirmed that the City's requirements were met in 2015. Waste Disposal The application indicates that waste generated by the operation is disposed of in accordance with Federal, State and City requirements. The City's site visit in 2015 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 2015 with its I Scandia City Council Tiller Scandia Mine 2016 AOP Page 11 February 16, 2016 application for the 2015 AOP. LBG reviewed the ground water monitoring activities and reports, and indicated that the applicant is completing the required monitoring in compliance with the CUP. LBG did not recommend a change in conditions for the 2016 AOP. Wetlands and Mitigation The City received a complaint that a wetland located on the Dresel site had been impacted by mining activities. The history of impacts to the wetland goes back to 1995 and the County's 2001 Conditional Use Permit for mining on the site. The County's 2001 permit for the Dresel mine identified an approval in 1995 by the County for impacts to the wetland and requirements for future replacement of the wetland at the end of mining during reclamation to mitigate for the impacts. Since that time, the mining plan, reclamation plan, permit, and ownership of the mine have changed. The City Attorney has determined that the County permit and conditions are no longer applicable, and the City's permit and conditions govern the site. Tiller is the current owner of the site previously owned and mined by Dresel. The City's 2008 Conditional Use Permit for the Dresel site recognized the wetland issue, and required that the wetland be delineated at that time, and that the requirements of the Minnesota Wetland Conservation Act (WCA) be followed to determine if the wetland required replacement or was exempt from replacement for impacts. The CUP did not set a deadline or time table for replacement. WCD staff reviewed the site and documentation in 2015, and reported that the wetland was delineated in 2008, but the follow up related to the WCA was not been completed. Tiller has agreed to complete mitigation for the pre-2008 impacts prior to completion of reclamation. The WCD completed a site visit in 2015 to document the wetland and buffer conditions on the site. The site visit included the WCD, Carnelian Marine St. Croix Watershed District, City of Scandia, and Tiller representatives. The WCD provided direction for wetland replacement based on the WCA requirements to Tiller. Tiller is proposing to provide compensatory mitigation through the purchase of wetland banking credits. The area of the wetland that was drained is 2,029 square feet. Tiller would purchase credits at a ratio of 2.5:1 to meet the WCA requirements, so that the replacement area will be 5,072.5 square feet. The CMSCWSD Engineer noted in his comments on the 2016 AOP Application that the wetland replacement needs to comply with the Watershed District regulations as well as the City requirements. The Planner has included a condition for the 2016 AOP that Tiller shall complete the compensatory mitigation for impacts to the former wetland on the Dresel site to meet WCA and CMSCWD reauirements. Fuel and Chemical Storage The application describes fuel and chemical storage at the site. The applicant notes that these materials are stored in accord with Federal and State standards and County requirements. On - site fuel storage consists of a 1,000-gallon above -ground storage tank which is located within a i Scandia City Council Tiller Scandia Mine 2016 AOP Page 12 February 16, 2016 concrete secondary containment area and a 200-gallon above -ground double -walled tank located next to the standby electrical generator. When production or reclamation crews are present, an additional 1,000-gallon double -walled tank is brought to the site and used to fuel the equipment for those operations. All asphalt -cement storage tanks are above -ground. This includes two-40,000 gallon tanks and one 20,000-gallon tank. The storage tanks are registered with the MPCA. Storage meets the requirements of the CUP and agency standards. City staff reviewed the facilities with Tiller staff at the 2015 site visit. Contingency Response Plan The application indicates that the site operates under a Spill Prevention, Control and Countermeasure Plan (SPCC) Plan that was submitted and is on file at the City. Processing The CUP application describes the operation of permanent processing equipment on the site, and indicates that the equipment is operated in accordance with Federal, State and City air quality, water quality and noise standards. The CUP requires that the asphalt plant and related structures be set back at least 100 feet from the shore of the proposed lake on the site. The site visit in 2015 verified that the processing facilities meet the setback requirements of the CUP, and no violations of permits were reported in 2015. Trucking Operations The application indicates that truck operations have access to County Road 15 (Manning Avenue) and County Road 1 (Lofton Avenue), which are paved roads. The City received no complaints regarding the trucking activities in 2015. The Planner's proposed conditions for the Scandia Mine 2016 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 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 2015. Reclamation Plan The applicant submitted a Reclamation Plan with the AOP application that combines the Tiller and Dresel site reclamation plans. Section 8.4 of the City's Mining ordinance requires the following for reclamation areas: All banks must be graded or backfilled; i Scandia City Council Tiller Scandia Mine 2016 AOP Page 13 February 16, 2016 Graded or backfilled areas shall be surfaced with soil of a quality at least equal to the topsoil of areas immediately surrounding, to a depth at least four inches; The topsoil shall be planted with trees, shrubs, legumes or grasses Slopes shall not be steeper than 4:1 Section 8.2 of Ordinance 103 requires the "restoration shall proceed concurrently and proportional to actual mining operations, and will be subject to review and approval at each annual inspection and at the end of the permit period." This section is included in the ordinance to ensure that: Large areas of the site are not left in an unreclaimed state, encouraging erosion, dust and weed establishment The mining operation is making an ongoing investment in reclamation, to avoid potential problems that may occur at the end of the mining operation if a large investment is needed in reclamation, and the applicant's resources are limited at that point, or the applicant abandons the site. Reclamation activities in 2015 included placement of suitable fill material in the area west of the newly constructed screening berm near 218' Street. The area north and west of the common mining border between the Scandia and Dresel mine areas was seeded and mulched in 2015 to stabilize the slope until additional fill material is placed in the area. Finally, a portion of the slope in the southwest corner of the Dresel parcel was reclaimed. The reclaimed areas are shown on the site plan. Tiller anticipates completing additional reclamation activities on the southern portion of the site near 218' Street North during 2016, and in the area along the common mining border. The reclamation completed meets the requirement of the CUP. Complaints Regarding Site Operations The city received 3 complaints about operations on the Dresel site in 2015. Each was discussed in appropriate sections of this staff report. The complaints concerned the following: Impacts to wetland on the Dresel site and required buffer Berming along 218th Street Berming/screening on the north side of the site. SITE INSPECTION City staff completed a site visit to the Tiller Corporation Scandia Mining Operation on October 7, 2015, including documenting conditions on the site in site photos. The wetland and 218' Street berm issues were discussed at the site visit. Findings from the site visit and discussions related to berm and wetland issues are noted where appropriate in the items above. City staff completed additional site visits in late 2015 and early 2016 in response to additional complaints about berming and screening. ACTION REQUESTED: The City Council can: I Scandia City Council Tiller Scandia Mine 2016 AOP Page 14 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 sand and gravel mining and related processing at the Scandia Mine, 22303 Manning Avenue North, with the following conditions: (proposed changes to the 2015 AOP conditions are underlined) 1. The applicant shall continue to provide the production well records for the site to the City so the pumping records can be compared to past and future groundwater level trends at the site. The applicant should measure the water level in the production well under non - pumping conditions during monitoring periods. 2. Requests for operating hours or haul routes outside those specified in the Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by staff. 3. 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 4. 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 issues are identified, to observe traffic, trucking operations, and identify potential safety issues. The consultant shall provide a summary of observations to the City and identify any issues or problems. 5. 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. 6. The Reclamation activities shall meet the requirements of the Conditional Use Permit, including soil and planting requirements. 7. The applicant shall record and report the numbers of trucks hauling Class "C" add -rock from the Zavoral Mine site and the number and source location of trucks hauling Class "C" add - rock to the Scandia Mine to the City quarterly, to ensure that additional truck traffic does not result from hauling from the Zavoral Site at peak demand concurrently with other sites. The applicant shall submit annual truck number and source reports with the Annual Operating Permit application. 8. 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. i Scandia City Council Tiller Scandia Mine 2016 AOP Page 15 February 16, 2016 9. Tiller shall complete the compensatory mitigation for impacts to the former wetland on the Dresel site to meet WCA and CMSCWD requirements. 10. The applicant shall pay all fees and escrows associated with this application. 11. This Annual Operating Permit shall expire on March 31, 2017. ACTION REQUESTED: Staff request that the Council review this report and approve the AOP at the meeting on February 16, 2016. 7