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10.a2 2022-03-10 Tiller Response to Comments on AOP Minnesota District 7200 Hemlock Lane, Suite 200, PO Box 1480, Maple Grove, Minnesota 55311 t. (763) 425-4191 f. (763) 425-7173 www.martinmarietta.com March 10, 2022 Ken Cammilleri, City Administrator City of Scandia 14727 209th St. N Scandia, MN 55073 Dear Mr. Cammilleri: This letter is written in response to an email dated March 7, 2022 from Mr. John Lindell, to the City of Scandia and received by Tiller Corporation, a Martin Marietta Materials, Inc. company (herein referred to as Tiller) on March 7, 2022 regarding Tiller’s 2022 AOP Application for our Scandia mine (Site). The email from Mr. Lindell expressed three separate matters, which include: utilizing current aerial imagery for use in the AOP application, changes to the surface expression for nearby wet features and mining into the groundwater. Tiller takes comments from its neighbors seriously. The email received from Mr. Lindell prompted an evaluation of the matters raised and Tiller offers the following responses. 1. Matters Pertaining to Use of Aerial Imagery in the AOP a. Mr. Lindell recommends that Tiller’s AOP approval be delayed and Tiller provides an accurate, up to date aerial photo of the mining property and adjacent properties. The City of Scandia requires aerial photos to be included in the AOP for the purpose of showing the active mining area and location of the active stockpiling area. Figure 3: Aerial Photo includes an aerial photo captured by an unmanned aerial vehicle (UAV) for areas within the Site, dated September 13, 2021. The aerial photo shows the active mining area and location of the active stockpiling area, which complies with the City’s required use of aerial imagery in the AOP. Use of the UAV is limited to Tiller property. For areas outside of the Tiller property, the most current aerial photo available through Washington County is used, which is dated 2020. 2. Matters Pertaining to the Surface Expression of Nearby Features a. Mr. Lindell shared observations that “ponds” on and near his property have exhibited a drier surface expression more recently in comparison to a few years ago when a wetter surface expression was present. These observations are not surprising when considering the precipitation and estimated relative soil moisture conditions during this timeframe within our local region. Review of the precipitation trends is important because surface water in the form of precipitation is largely March 10, 2022 Page 2 what influences the characteristics of the shallow depressions associated with the moraine southwest of the Site. The shallow wet depressions and wetland features located in the area have been described in the past as being perched, which means the feature is underlain by a low permeability layer that allows water to perch. These features have water levels that are perched above the regional water table, thereby relying more on precipitation to maintain wet characteristics. With this in-mind, we could expect to see changes in the surface expression of these features in response to precipitation and climatic trends. The precipitation graph shown below as Figure 1: Annual Precipitation (2016-2021) illustrates annual precipitation from 2016 through 2021 for the Lower St. Croix River area. From 2016 through 2018, there was a decline in annual precipitation followed by a substantial peak in annual precipitation in 2019 and a subsequent decline through 2021. The peak in annual precipitation for the years mentioned above occurred in 2019 and correlates with observations that wetter conditions occurred a few years ago. Figure 1: Annual Precipitation (2016-2021) We can also look at the Palmer Drought Severity Index (PDSI) to inform on the surface expression of the wetlands in the subject area. The PDSI is a standardized index based on a simplified soil water balance and estimates relative soil moisture conditions. The magnitude of PDSI indicates the severity of the departure from normal conditions. A PDSI value >4 represents very wet conditions, while a PDSI <-4 represents an extreme drought. Figure 2: PDSI (2016-2021) illustrates the PDSI in the month of July for the Lower St. Croix River area from 2016 through 2021. As shown in the figure, from 2016 through 2018 there was a decline in the PDSI or estimate of the relative soil moisture conditions. Then, in 2019 and 2020, the PDSI indicates very wet conditions followed by significant drought conditions in 2021. March 10, 2022 Page 3 With the exception of a spike in precipitation in 2019, the annual precipitation had been declining over the last six years in the Lower St. Croix River area. The PDSI also indicates a downward trend in estimated relative soil moisture conditions for the last six years during the month of July, with the exception of the very wet conditions in July of 2019 and July 2020. The drought conditions in 2021 represent a more significant departure toward dry conditions experienced more recently. The variations in precipitation and estimated relative soil moisture help demonstrate the range in seasonal variations that can occur each year. For features in the landscape that are influenced by and respond to precipitation and soil moisture, it can be expected that observable changes will occur in response to these conditions as they change over time. A review of a few aerial photos, both historical and recent helps illustrate the range in surface expressions for the shallow depressions in the area. To provide an area of reference, a yellow outline is made around the wet perimeter of a feature located in the area subject to Mr. Lindell’s comment. The yellow outline is based on the wet perimeter as indicated on a 2020 Washington County aerial photo. Aerial images included are 1970, 2009 and 2020. 3. Matters Pertaining to Mining into the Groundwater a. Mr. Lindell describes that when Scandia became a City and assumed regulatory authority over mining, Tiller was authorized to excavate into the groundwater and goes on to suggest that Washington County prohibits excavation into groundwater. Washington County does not prohibit excavation into the groundwater. The Washington County Development Code, Chapter Seven Mining Regulations, Section 5.5 Protection of Water Tables states that, “Excavation into unconfined (emphasis added) aquifers must be closely monitored and conducted according to the conditions of the permit.” The County and the City both allow mining into unconfined aquifers. In addition, they both prohibit excavation into confined Figure 2: PDSI (2016-2021) March 10, 2022 Page 4 aquifers. Excavation into the groundwater at the Scandia Site is taking place in an unconfined aquifer. Tiller operates its’ mining sites with a great deal of responsibility. As a leader in the aggregate mining industry in Minnesota, Tiller recognizes the importance of protecting our water resources. Tiller has and will continue to operate the Site in accordance with local, state and federal rules and regulations. Please let me know if you have any questions or require additional information on this matter. I may be reached at (763) 425-4191. Sincerely, Christina Morrison, P.G. Environmental Engineer II Enc Tiller Property Tiller Property 218th Street ¯0 200 400100Feet 1970 Aerial Photo - Scandia Aerial Photo Source: HIG Tiller Property Tiller Property 218th Street ¯0 200 400100Feet 2009 Aerial Photo - Scandia Aerial Photo Source: NAIP Tiller Property Tiller Property 218th Street ¯0 200 400100Feet 2020 Aerial Photo - Scandia Aerial Photo Source: Washington County