10.a3 Resolution No. 2022-15_Tiller Mine 2022 AOP Resolution
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 2022-14
RESOLUTION APPROVING THE 2022 ANNUAL OPERATING PERMIT
FOR THE SAND AND GRAVEL MINE AND PROCESSING FACILITY AT THE
SCANDIA MINE SITE
WHEREAS, Tiller Corporation operates a sand and gravel mining and processing
operation and asphalt hot-mix plant located on approximately 435 acres at Manning Avenue
North, on property legally described as:
SECTION 1.
THE SOUTHEAST 1/4 OF SECTION 7, IN TOWNSHIP 32 NORTH, OF RANGE 20
WEST; AND THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 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 1/4
OF THE SOUTHWEST 1/4 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 1/4 OF THE
SOUTHWEST 1/4, THENCE SOUTH ALONG THE WEST LINE OF SAID
SOUTHWEST 1/4 OF SOUTHWEST 1/4 TO THE SOUTHWEST CORNER
THEREOF, THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST
1/4 OF THE SOUTHWEST 1/4 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 1/4 OF THE SOUTHWEST 1/4, 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
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DISTANCE OF 1422.96 FEET TO THE POINT OF BEGINNING. SUBJECT TO
228TH STREET NORTH ALONG NORTH LINE.
SECTION 2.
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 32, RANGE 20,
WASHINGTON COUNTY, MINNESOTA LYING EASTERLY OF THE
CENTERLINE OF COUNTY ROAD 15A AS SAID CENTERLINE IS DESCRIBED IN
BOOK 312 OF DEEDS ON PAGES 19 AND 20.
SUBJECT TO COUNTY ROAD 15A. SUBJECT TO EASEMENTS OF RECORD.
SECTION 3.
THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER (N 1/2 OF SW 1/4)
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 1/4 OF SW 1/4) OF SECTION 8, TOWNSHIP 32,
RANGE 20, WASHINGTON COUNTY, MINNESOTA LYING EAST OF THE
CENTERLINE OF COUNTY STATE AID HIGHWAY NO. 1 (LOFTON AVENUE).
SECTION 4.
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 (SW1/4 OF SW 1/4);
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT 42 RODS EAST
OF THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF
SOUTHWEST QUARTER (SW1/4 OF SW 1/4); THENCE EAST TO THE
SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SOUTHWEST
QUARTER (SW 1/4 OF SW 1/4 ), 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:
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BEGINNING AT A POINT ON THE SOUTH LINE THEREOF DISTANT 37.30 FEET
WESTERLY OF THE SOUTHEAST CORNER THEREOF (FOR THE PURPOSES OF
THIS DESCRIPTION, THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER IS ASSUMED TO BEAR SOUTH 89 DEGREES 38
MINUTES 18 SECONDS WEST); THENCE NORTHERLY ALONG A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 2864.81 FEET AND A
CENTRAL ANGLE OF 7 DEGREES 12 MINUTES 48 SECONDS, A DISTANCE OF
360.67 FEET, THE CHORD OF SAID CURVE BEARS NORTH 14 DEGREES 39
MINUTES 10 SECONDS WEST; THENCE NORTH 18 DEGREES 15 MINUTES 34
SECONDS WEST, TANGENT TO SAID CURVE, A DISTANCE OF 282.59 FEET;
THENCE NORTHERLY ALONG A TANGENTIAL CURVE, CONCAVE TO THE
EAST, HAVING A RADIUS OF 1980.97 FEET AND A CENTRAL ANGLE OF 20
DEGREES 29 MINUTES 54 SECONDS, A DISTANCE OF 708.72 FEET TO THE
NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, AND THERE TERMINATING.
AND LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 8; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF
1714.61 FEET TO THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED;
THENCE NORTHEASTERLY, DEFLECTING TO THE LEFT 83 DEGREES 54
MINUTES 52 SECONDS, A DISTANCE OF 623.51 FEET TO THE NORTH LINE OF
THE SOUTH 620.00 FEET OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, AND THERE TERMINATING.
ALSO EXCEPT: THAT PART OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 32 N, RANGE 20 W,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF
SAID SECTION 8, THENCE EASTERLY ALONG THE SOUTH LINE OF SECTION
8 A DISTANCE OF 1714.61 FEET WHICH IS THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE NORTHEASTERLY DEFLECTING TO THE LEFT 83
DEGREES 54 MINUTES 52 SECONDS A DISTANCE OF 301.70 FEET TO THE
NORTH LINE OF THE SOUTH 100 FEET OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 8; THENCE EASTERLY ALONG
SAID NORTH LINE A DISTANCE OF 757 FEET, MORE OR LESS, TO THE
CENTER LINE OF COUNTY STATE AID HIGHWAY NO. 1; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE A DISTANCE OF 305 FEET,
MORE OR LESS, TO THE SOUTH LINE OF SECTION 8, THENCE WESTERLY
ALONG SAID SOUTH LINE A DISTANCE OF 862 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY THEREOF AND SITUATE IN WASHINGTON COUNTY, MINNESOTA,
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
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processing of aggregate, the production of hot-mix asphalt, and the recycling of concrete and
asphalt products; and
WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this
mining facility in 1987, a second EAW was completed in 1999 for a proposed expansion of the
facility; and
WHEREAS, the scope of operations and mining limits proposed in the current permit
application to the City are consistent with the scope of the operations and mining limits reviewed
in the 1999 EAW; and
WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of
Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as “the ordinance”) replaced
the requirements of the ordinances adopted by Washington County and the former New Scandia
Township and required the issuance of a new Conditional Use Permit and Annual Operating
Permits for continued operation of existing mining operations; and
WHEREAS, the City approved a Conditional Use Permit for the mining and processing
operations on May 20, 2008; and
WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating
Permit to the City of Scandia, which was found to be complete for review January 29, 2022; and
WHEREAS, the Scandia City Council reviewed the application at its regular meeting on
March 15, 2022.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Annual Operating
Permit for Tiller Corporation for a sand and gravel mine and processing facility at the Scandia
mine site is approved, subject to the following conditions:
1. The applicant shall comply with the conditions of the Conditional Use Permit for sand and
gravel mining and processing at the Scandia Mine site approved on May 20, 2008.
2. The applicant shall comply with site operation hours of 7 a.m. to 7 p.m. Monday through
Friday, except holidays, unless the applicant requests and receives the City’s permission for
extended hours in accordance with procedures set forth in Ordinance No. 103.
3. The applicant shall continue to observe groundwater levels during the year. If levels continue
to rise, there is the potential for the water table surface to be above the depth of the
excavation and outside of the limits of the proposed lake. If this occurs, maps submitted for
the 2022 AOP shall identify the general areas where excavation depth is below the water
table.
4. The applicant shall provide the approximate depth of the excavation below the water table in
future annual reports to confirm the excavation did not go below the 865.87 feet amsl
threshold.
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5. The applicant shall continue to provide the production well records for the site to the City so
the pumping records can be compared to past and future groundwater level trends at the site.
The applicant should measure the water level in the production well under non-pumping
conditions during monitoring periods.
6. Requests for operating hours or haul routes outside those specified in the Conditional Use
Permit shall be accompanied by a proposed truck haul route for approval by staff.
7. The applicant shall inform its contractors about the following requirements related to
trucking operations, and monitor compliance with the requirements by all of its contractors:
• Engine braking is prohibited in Scandia
• Lofton Avenue is restricted to daytime use only
• Haul loads are required to be covered
8. The applicant shall regularly monitor the entrances and exits to the site, and work with their
hauling contractors and truck drivers to maintain compliance with traffic laws.
9. The Reclamation activities shall meet the requirements of the Conditional Use Permit,
including soil and planting requirements.
10. If the applicant has knowledge that a crash or traffic violation occurs involving a truck
hauling for Tiller, Tiller shall contact the City to report the incident immediately. The
applicant shall report actions it will take to respond to the incident.
11. The applicant shall pay all fees and escrows associated with this application.
12. This Annual Operating Permit shall expire on March 31, 2023.
FURTHER, BE IT RESOLVED, that any significant variation from these plans and
conditions of approval shall require an application to amend this Annual Operating Permit.
Adopted by the Scandia City Council this 15th day of March, 2022.
______________________________
Christine Maefsky, Mayor
ATTEST:
Ken Cammelleri, Administrator