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10.b)3) resoution 02-16-16-07 Tiller Scandia Mine AOP FinalCITY OF SCANDIA RESOLUTION NO. 02-16-16-07 RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF TILLER CORPORATION FOR SAND AND GRAVEL MINING AND PROCESSING AT THE SCANDIA MINE SITE WHEREAS, Tiller Corporation operates a sand and gravel mining and processing operation and asphalt hot -mix plant located on approximately 435 acres at 22303 Manning Avenue North, on property legally described as: The Southeast'/4 of Section 7, in Township 32 North, of Range 20 West; and that part of the Southwest'/4 of the Southwest'/4 of Section 8, in Township 32 North, of Range 20 West, described as follows: Commencing at a point in the North line of said Southwest %4 of the Southwest'/4 of said Section 8, 22 rods East of the Northwest corner thereof, thence West along said North line to the Northwest corner of said Southwest'/4 of the Southwest'/4, thence South along the West line of said Southwest'/4 of Southwest'/4 to the Southwest comer thereof, thence East along the South line of said Southwest'/4 of the Southwest'/4 a distance of 42 rods to a point, thence Northwesterly in a straight line to the point of beginning; and also a strip of land 2 rods wide on the North side of said Southwest'/4 of the Southwest'/4, commencing 22 rods East of the Northwest corner thereof and extending to the Northeast corner thereof. That part of the South Half of the Northeast Quarter of Section 7, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northwest corner of said South Half; thence Easterly along the North line of said South Half a distance of 1223.40 feet to the point of beginning; thence Southerly, parallel with the West line of said South Half, a distance of 1319.60 feet to the South line of said South Half, thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of said South Half, thence Northerly along the East line of said South Half a distance of 1317.76 feet to the Northeast corner of said South Half; thence Westerly along the North Line of said South Half a distance of 1422.96 feet to the point of beginning. Subject to 228' Street North along North line. That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast Quarter of the Southwest Quarter of Section 7, Township 32, Range 20, Washington County, Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in Book 312 of Deeds on pages 19 and 20. Subject to County Road 15A. Subject to easements of record. The North One -Half of the Southwest Quarter (N '/2 of SW '/4) and the Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) all in Section 8, Township 32, Range 20. Except: All that part of the Northeast Quarter of the Southwest Quarter (NE '/4 of SW '/4) of Section 8, Township 32, Range 20, Washington County, Minnesota lying East of the centerline of County State Aid Highway No. 1 (Lofton Avenue). Resolution No.: 02-16-16- Page 2 of 5 That part of the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) of Section 8, Township 32, Range 20 lying West of the public highway as the same now runs over and across said tract, except the North 2 rods thereof, and that part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section 8, Township 32, Range 20 described as follows, to wit: Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest Quarter (SW 1/4 of SW '/4); thence Southeasterly in a straight line to a point 42 rods East of the Southwest corner of said Southwest Quarter of Southwest Quarter (SW '/4 of SW '/4); thence East to the Southeast corner of said Southwest Quarter of Southwest Quarter (SW 1/4 of SW '/4), thence North to the Northeast corner of said Southwest Quarter of Southwest Quarter (SW 1/4 of SW 1/4), thence West to the point of beginning, except the North 2 rods thereof, said tract. Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the Southwest Quarter of Section 8, Township 32, Range 20, Washington County, Minnesota, lying Westerly of the center line of County State Aid Highway No. 1, as the same is now laid out and traveled, said center line is described as follows; Beginning at a point on the South line thereof distant 37.30 feet Westerly of the Southeast corner thereof (for the purposes of this description, the South line of said Southeast Quarter of the Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West); thence Northerly along a curve concave to the West, having a radius of 2864.81 feet and a central angle of 7 degrees 12 minutes 48 seconds, a distance of 360.67 feet, the chord of said curve bears North 14 degrees 39 minutes 10 seconds West; thence North 18 degrees 15 minutes 34 seconds West, tangent to said curve, a distance of 282.59 feet; thence Northerly along a tangential curve, concave to the East, having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds, a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest Quarter, and there terminating. And lying Easterly of the following described line: Commencing at the Southwest corner of said Section 8; thence Easterly along the South line of said Section 8, a distance of 1714.61 feet to the point of beginning of the line to be described; thence Northeasterly, deflecting to the left 83 degrees 54 minutes 52 seconds, a distance of 623.51 feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter, and there terminating. Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8, Township 32 N, Range 20 W, described as follows: Commencing at the Southwest corner of said Section 8, thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of beginning of this description; thence Northeasterly deflecting to the left 83 degrees 54 minutes 52 seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter of the Southwest Quarter of Section 8; thence Easterly along said North line a distance of 757 feet, more or less, to the center line of County State Aid Highway No. 1; thence Southeasterly along said center line a distance of 305 feet, more or less, to the South line of Section 8, thence Westerly along said South line a distance of 862 feet, more or less, to the point of beginning, according to the United States Government Survey thereof and situated in Washington County, Minnesota; and Dresel Property: PID 1703220220002 Sect-17 Twp-032 Range-020 PT N1/2-NW1/4 S17T32R20 BEING THE E 1396FT OF THE FOLL DESC PARCEL: THAT PT N1/2-NWI/4 OF S17T32R 20 LYING NLY OF THE S 66FT & LYING WLY OF THE E 768.7FT THEREOF NEW SCANDIA TWP Roth Property: PID 1703220210003 Resolution No.: 02-16-16- Page 3 of 5 Sect-17 Twp-032 Range-020 PT NE1/4-NW1/4 173220 COM AT N1/4 COR OF SEC 17 THEN S ALONG N&S1/4 LINE OF SD SEC A DIST OF 527.5FT TO PT OF BEG THEN CONT ON SAME LINE A DIST OF 443.5FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF 491FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG. A DIST OF 443.5FT TO A PT THEN ON A DEFLECT ANG OF 90DEG. TO RT A DIST OF 491FT TO PT OF BEG SUBJ TO EASEMENT AND THAT PT NE1/4 NW1A SI7T32R20 DESC AS FOLL:COM AT THE N1/4 CORNER OF SEC 17 THN SLY ALG THE N-S1/4 LINE OF SEC 17 A DIST 971 FT TO THE PT OF BEG THN WLY DEFLECT 90DEG TO THE RT A DIST OF 491FT THN/NLY DEFLECT 90DEG TO THE RT A DIST 443.55FT THN ELY DEFLECT 90DEG TO THE RT A DIST OF 76FT THN NLY DEFLECT 90DEG TO THE LEFT A DIST 548FT M/L TO THE N LINE OF SEC 17 THN WLY ALG THE N LINE OF SEC 17 A DIST 355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NE1/4 NW1/4 THNC SLY ALG SD W LINE A DIST 1254FT M/L TO THE N LINE OF THE S 66FT OF SD1/4-1/4 THN ELY ALG SD N LINE A DIST OF 770FT M/L TO THE N-S 1/4 LINE OF SEC 17 THN NLY ALG SD N- S1/4 LINE A DIST OF 283FT M/L TO THE PT OF BEG-SUBJ TO CSAH#1 ALG THE MOST ELY LINE SUBJ TO & INCLUDING ANY VALID EASEMENTS RESTRICTIONS & RESERVATIONS NEW SCANDIA TWP (RESTRICTION:WRITTEN APPROVAL FROM NEW SCANDIA TWP IS REQUIRED BEFORE EITHER OF THE TWO(2) PARCELS OF LAND DESCRIBED HEREIN MAY BE CONVEYED SEPARATELY WHEREAS, the site has been actively mined since 1966, and has operated under a previous Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities include the mining and processing of aggregate, the production of hot -mix asphalt, and the recycling of concrete and asphalt products; and WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this mining facility in 1987, and a second EAW was completed in 1999 for a proposed expansion of the facility; and WHEREAS, the scope of operations and mining limits proposed in the current permit application to the City are consistent with the scope of the operations and mining limits reviewed in the 1999 EAW, WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as "the ordinance") replaced the requirements of the ordinances adopted by Washington County and the former New Scandia Township and required the issuance of a new Conditional Use Permit and Annual Operating Permits for continued operation of existing mining operations; and WHEREAS, the City approved a Conditional Use Permit for the mining and processing operations on May 20, 2008; and WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on January 27, 2016; and WHEREAS, the Scandia City Council reviewed the application at its regular meeting on February 16, 2016; Resolution No.: 02-16-16- Page 4 of 5 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does find that the Annual Operating Permit for the Scandia Mine at 22303 Manning Avenue North, shall be and hereby is issued, with the following conditions made a part thereof: 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. 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. Resolution No.: 02-16-16- Page 5 of 5 11. This Annual Operating Permit shall expire on March 31, 2017. FURTHER, BE IT RESOLVED, any significant variation from these plans and conditions of approval shall require an application to amend this Annual Operating Permit. Adopted by the Scandia City Council this 16th day of February, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, City Clerk/ Administrator