7.a)1) TKDA Memo-Zavoral Mine and Reclamation Project CUP 444 Cedar Street,Suite 1500
�;; Saint Paul,MN 55101
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TKDA
Memorandum
To: Scandia City Council Reference: Zavoral Mine and Reclamation
Project Conditional Use Permit
Copies To: Kristina Handt, City
Administrator
Tom Miller, City Attorney
Mike Caron, Tiller Project No.: 14305.001
Corporation
From: Sherri Buss, City Planner Routing:
Date: January 10, 2013
SUBJECT: Zavoral Mine and Reclamation Project Conditional Use Permit(CUP)
MEETING DATE: January 15, 2013
LOCATION: East of the Intersection of TH 97 and TH 95
APPLICANT: Tiller Corporation
P.O. Box 1480
Maple Grove, MN 55311
OWNER: James Zavoral
ZONING: Agriculture District—(AG)
120-DAY PERIOD: February 20, 2013
ITEMS REVIEWED: Application form, plans and related materials for November, 2008
CUP Application; additional site plans, reports and revised application
submitted through October 9, 2012; Zavoral Mine and Reclamation
Project Final EIS and related reports and documents.
I. BRIEF DESCRIPTION OF THE REQUEST AND SUBMITTALS:
The Applicant is requesting a Conditional Use Permit(CUP)to operate a gravel mine on the site
of a dormant, unreclaimed gravel mine. The 114-acre site (Zavoral 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 applicant is proposing that mining and reclamation
will occur on sixty-four(64) acres of the site (the "ProjecY'). Fifty-five (55) acres of the proposed
Project are located on portions of the Site that were previously disturbed by mining; a 9-acre
An employee owned company promoting offirmative action and equal opportunity
Zavoral Mine and Reciamation Project
Scandia City Council Page 2 January15, 2013
area that was not mined in the past is proposed for mining. Four acres on the Site are proposed
for reclamation only.
The Applicant submitted the original application in November 2008 and an updated application
on October 8, 2012. The updated submittals are available on the City's website for review, and
include the following:
• Application Form and legal description, October 8, 2012
• Letter to City, September 15, 2012 updating application
• Land Features, Figure C1-A
• Site Plan, Figure C-2
• Mining and Reclamation Phasing, Figures C1 through C5
• Zavoral Property Reclamation Plan, revised October 8, 2012
• Zavoral Mining and Reclamation Surface Water Plan, October, 2012
• Zavoral Mining and Reclamation Groundwater Quality Protection Plan, October 2012
• Stormwater Pollution Prevention Plan (SWPPP), July 24, 2012
• Zavoral Mine Dust Control Plan, Revised October 8, 2012
� Zavoral Mine and Reclamation Project Emergency/Contingency Response Plan,
October, 2012
The Planner and the subconsultants who worked on this review used the materials submitted by
the applicant, the analyses and mitigation plan included in the Zavoral Mine and Reclamation
Project EIS, and related materials to evaluate the proposed project. The City Council approved
the Findings of Fact and Record of Decision that the EIS was adequate to serve as the official
environmental review document for this project on September 25, 2012. The EIS is available on
the City's website.
I1. PROJECT BACKGROUND
A. Project History
Tiller Corporation submitted a CUP application for the Zavoral Mine and Reclamation Project in
November 2008. The City sent a letter to Tiller indicating that the application was incomplete for
review in December 2008. The City's Development Code required that Tiller prepare an
Environmental Assessment Worksheet(EAW)for the project as part of the CUP application.
Tiller prepared an EAW for the project per Minn. Rules Chapter 4410.4300. The City of Scandia
was the Responsible Governmental Unit for the preparation and review of the EAW. The City
suspended the review of the CUP application while the environmental review was in process,
based on Minn. Rules Chapter 4410.3100.
On March 3, 2009, Scandia's City Council determined that the project had the potential for
significant impacts and that an Environmental Impact Statement(EIS)was needed. The Notice
of Decision for the EAW was published in the EQB Monitor on March 23, 2009. The notice
identified the City as the RGU for the EIS. In April, 2009 the City approved the Scoping Decision
Document(SDD)for the EIS, and published the notice of Intent to Prepare the EIS in
September, 2009. Tilter subsequently revised the project to eliminate all aggregate processing
activities, including washing and related groundwater withdrawals at the Zavoral site, and
proposed that any processing of material would be conducted at other sites, including the
Scandia Mine site, located near Manning Trail and 225th Street. Based on Tiller's proposed
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revised project, the City conducted a formal Scope Amendment Process, and approved a
Revised Scoping Decision Document(RSDD)for the proposed project in January 2010.
The City and its consultants completed the Draft EIS and published its availability in March,
2012. The City received comments on the Draft EIS and revised the draft based on the
comments to produce the Final EIS. The City determined that the Final EIS was complete on
September 25, 2012. Tiller Corporation revised its CUP application based on the Final EIS and
submitted the application and required submittals to the City on October 9, 2012. The City
determined that the revised CUP application was complete for review on October 23, 2012.
The Zavoral Mine and Reclamation Project is referred to as "the Project" in this report, and the
Zavoral Mine and Reclamation Project EIS is referred to as "the EIS" in this report. Tiller
Corporation is referred to as "the applicanY' or"Tiller" in this report.
B. Land Use Regulations for CUP Review
The Zavoral Site is within the jurisdiction of the City of Scandia and partially within the St. Croix
National Scenic Riverway, as designated under the Wild and Scenic River Act and the federal
and state Lower St. Croix River Acts. Minnesota Rules Chapter 6105.0370 prohibits sand and
gravel operations within the St. Croix River District Zone and scenic easement area.
Washington County's Comprehensive Plan also describes a scenic easement that is partially
within the Site. The area proposed for active mining is located outside the Riverway and scenic
easement areas. Tiller proposes to conduct reclamation activities on approximately 4 acres of
the previously-mined area of the site that is located within the St. Croix River District Zone and
scenic easement area.
The Project site is located within the Agriculture (AG)Zoning District identified in Scandia's 2020
Comprehensive Plan (adopted October 20, 1998), and the Zoning Map and Development Code
that implemented that plan. The 2020 Comprehensive Plan was the adopted plan when Tiller
submitted the CUP application in November, 2008. Aggregate mining was an allowed use in
the AG Zoning District with a CUP under those regulations. Based on the date of the
application submittal and decisions made by the City, it will be reviewed as an allowed use with
a CUP in the AG Zoning District.
Scandia's 2030 Comprehensive Plan was adopted by the City Council on March 17, 2009. The
City adopted the Zoning Map and ordinance that implement the plan in November 2010.
The chapters of the Zoning Ordinance that regulate the activities proposed at the Zavoral site
include Ordinance No. 103 (Mining and Related Activities), and Chapters 1 of Scandia's
Development Code (Ordinance No. 122). The performance standards included in Chapter 2 of
the Development Code cover the same items as the standards included in Ordinance 103.
C. Permits and Approvals Required
Scandia's Ordinance No. 103 that regulates Mining and Related Activities requires that Tiller
obtain a Conditional Use Permit to operate the proposed Zavoral Mine for the long-term. Tiller
also needs to obtain an Annual Operating Permit(AOP)for each operating year. Tiller has
submitted an AOP application for the 2013 operating year. The City Council will review the AOP
application with the CUP application, and could approve the AOP shortly after a CUP approval.
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The following permits and approvals are required for the proposed project:
JURISDICTION PERMITS AND APPROVALS
State of Minnesota
Minnesota • Access Permit(TP 1721)
Department
Of Trans ortation
Minnesota Pollution • NPDES (National Pollution Discharge Elimination
Control Agency System)/SDS (State Disposal System)general permit for
stormwater discharges association with construction activities
(MNR100001) [Update since completion of EIS: MPCA has
combined this permit with the MNG490000 permit listed
below. The applicant will be required to obtain one combined
permit for both activities.J
• NPDES/SDS general permit for construction sand and gravel
facilities (MNG490000)
• Air Emissions Permit
Minnesota • Endangered Species Take Permit(if Butternut trees are
Department of reclassified from Special Concern to Endangered)
Natural Resources
Loca/Government
City of Scandia • Conditional Use Permit– Mining Operation
• Annual O eratin Permit
Carnelian-Marine • Permit for Stormwater Management
St. Croix Watershed . Erosion Control Permit
District
D. Staff Report Contributors
The City's Planner and several subconsultant specialists completed this report and the
recommended conditions and monitoring protocots for the CUP and AOP. The subconsultants
included the following:
• David Hume, P.G., Leggette, Brashears and Graham, Inc. (LBG�–Groundwater and
related resources (LBG is the City's groundwater consultant)
• Washington Conservation District(WCD)staff , Jed Chesnut and others--surface water
resources, erosion and sediment control, wetlands, rare and threatened species and the
reclamation plan
• David Gutterud, Indoor Environment Group—air quality
• Bryant Ficek, P.E., P.T.O.E., TKDA--traffic
• Steve Platisha, P.E., SBP Associates—noise
E. Staff Report Organization
This staff report evaluates the proposed project in the following order:
• Criteria and standards in the City's Ordinance No. 103 that regulates Mining and
Related Activities
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• Criteria for evaluating Conditional Use Permits included in Chapter One—Section 8.0 of
the Development Code.
• Evaluation of Alternatives included in the EIS
This staff review uses the application and related submittals, and the objective standards and
criteria included in the Mining Ordinance and the Development Code as the basis for reviewing
each of the criteria.
The Zavoral Mine and Reclamation Project EIS is part of the application, and therefore the staff
review also utilizes the analyses completed for the EIS and the mitigation recommendations
included in the EIS to evaluate the projecYs compliance with the ordinance criteria and to
develop the proposed recommendation and conditions.
F. CUP Review Guidance
The League of Minnesota Cities provides guidance to Cities regarding the review of conditional
use permits. The League's guidance includes the following:
• If a proposed conditional use satisfies both the general and specific standards set forth
in the zoning ordinance the applicant is entitled to the conditional use permit. If the
applicant meets the general and specific ordinance standards, the city usually has no
legal basis for denying the CUP.
• The City is exercising "quasi-judicial" authority when considering a CUP application.
This means that he City's role is limited to applying the standards in the ordinance to the
facts presented by the application (this includes all of the application materials and
attached reports, including the EIS in this case).
• Neighborhood opinion alone is not a valid basis for granting or denying a CUP. While
city officials may feel their decision should reflect the overall preferences of residents,
their task is limited to evaluating how the CUP application meets the ordinance
standards.
• The reasons for denial or approval should be put in writing.
• Reasonable conditions relating to the ordinance standards may be attached to a CUP
based on factual evidence contained in a public record.
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MINING ORDINANCE (ORDINANCE 103) REVIEW
A. Proposed Mining Operations—Summary Description of the Project
Figure C2 attached shows the Project site. The Zavoral Site is 114 acres in size. Tiller's
revised application proposes that mining and reclamation activities will occur on 64 acres of the
site. 55 of the 64 acres were previously disturbed by mining activities. Tiller is proposing to
mine 9 acres of the site that were not previously mined. Tiller is also proposing to conduct
reclamation activities on about 4 acres of the site that are located within the St. Croix River
District Zone and Scenic Easement. No mining is proposed within the St. Croix River District.
The proposed mining operations are consistent with the operations proposed and evaluated as
Alternative #1 in the EIS.
The application indicates that mining operations will be conducted in phases. Each phase will
include the following activities:
• Clear and grub vegetation
• Remove the overburden (topsoil)from areas to be mined and stockpile the material on
the site for potential future use in reclamation
• Excavate raw aggregate materials
• Transport mined aggregate materials. Most materials would be transported to the
Scandia Mine near Manning Trail and 225th Street for use in materials produced at that
mine. Some materials mined at the Zavoral site may go directly to construction project
sites or other facilities for use and/or processing
• Use Zavoral site well for dust suppression only
• As mining is concluded for each phase, conduct reclamation activities--including grading,
placing topsoil or amended site soils, seeding and tree planting
Tiller's application indicates that most of the material mined at the Zavoral Site would be
combined with material mined at the Scandia Mine to meet the specified gradations of
marketable aggregate produced at the Scandia Mine. Tiller plans to use the material from the
Zavoral Site to replace material that is currently transported to the Scandia Mine from Franconia
Township, Chisago County, Minnesota and the Osceola Wisconsin area.
Tiller proposes to develop the gravel mine in phases. Figures C1-05 Mining and Reclamation
Phasing show the proposed phasing plan. Active mining would occur to an average depth of 15
feet over the site (ranging from approximately 10 to 70 feet deep across the site). Tiller does
not propose to excavate into the groundwater, and would maintain more than the required
minimum 3-foot separation from the bottom of the excavation and the groundwater table. (The
Carnelian-Marine-St. Croix Watershed District [CMSCWD] Rules require the minimum 3-foot
separation from groundwater.) The depth from the maximum excavation depth to groundwater
would range from approximately 25 to 50 feet across the site.
The applicant estimates that each phase will include the following areas of mining and
reclamation:
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MINING AREA RECLAMATION AREA
PHASE 1 22.3 Acres 3.9 Acres
PHASE 2 16.5 Acres 22.3 Acres
PHASE 3 20.9 Acres 16.5 Acres
PHASE 4 - 20.9 Acres
Tiller proposes that reclamation would take place concurrently with mining. The applicant
submitted The Reclamation P/an for the Zavora/Property(May 3, 2011, Revised October 8,
2012)with the revised CUP application.
B. Mining Ordinance Criteria and Evaluation of the Request
Ordinance 103 includes criteria for evaluation of a CUP for a new or expanding mining
operation. The criteria include the following:
1. The property must be at least 40 contiguous acres in size
2. The standards for approval of a conditional use permit as contained in Chapter One of
the Development Code must be met
3. The operation is consistent with the Scandia Comprehensive Plan
4. All provisions of Ordinance 103 must be met
The sections that follow evaluate the Proiect based on the 4 criteria. Ordinance criteria are
summarized as needed in italics under each item. The items include the Planner's
recommended conditions for the CUP and AOP. The CUP conditions are more aeneral, and
would applv for the lifetime of the proiect The AOP conditions are more specific, and mav
be evaluated and modified if needed from vear to vear based on the Citv's review of the
monitorinq results and AOP.
Ordinance 103--Section 3. General Provisions
A. Property Size
The property may consist of more than one parce/and have more than one owner, but must
be at/east 40 contiguous acres in size. The Zavoral site is a contiguous area 114-acres in
size. 64 acres of the site are proposed for mining and reclamation activities. The aropertv
size meets the ordinance requirement.
B. Standards for CUP Approval from Chapter One of the Development Code
Section IV of this report evaluates the Project in light of the standards included in Chapter
One of the Development Code—refer to that section for the evaluation.
C. Consistency with Scandia Comprehensive Plan
Tiller Corporation submitted the CUP application for the Zavoral Mine and Reclamation
Project on November 25, 2008. The City's 2020 Comprehensive Plan was the adopted
Comprehensive Plan at the time of the initial application. Under that plan and related zoning
map and ordinance, the Zavoral Mine site is included within the Agriculture (AG) District.
Aggregate mining is an allowed use in the Agriculture District under the 2020
Comprehensive Plan and Development Code.
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The City Attorney provided a memorandum on this issue dated December 5, 2012.
The goals and analysis in the 2020 Comprehensive Plan focus on issues related to growth
management. The plan's goals include preserving Scandia's rural character and distinctive
identity from urban growth. The Plan has a short discussion related to aggregate mining
that indicated the following:
• Aggregate mining is a necessary activity
• Mining should continue to be a permitted use in the Agriculture District with a CUP
• Mining activity should be screen�d from neighbors' views
• Land reclamation should be required and carefully managed
The Planner's findings related to the Zavoral Mine CUP application and the criteria for
compliance with the Comprehensive Plan include the following:
• Aggregate mining was a permitted use in the AG District with a Conditional Use
Permit under the 2020 Comprehensive Plan.
• The CUP application includes proposed screening and a proposed reclamation plan
for the Project. These items must meet the requirements of Ordinance 103, Section
7.1, and the submittals are evaluated below.
• The Planner finds that the proposed screeninq and Reclamation Plan meet the
ordinance requirements and has proposed conditions for the CUP to reQuire that
the screenina and reclamation plan will be implemented and monitored to meet Citv
reQuirements. (Proposed conditions#54 and #69-79 in the draft Resolution to
approve, attached; discussed in detail in the Reclamation section below)
The Planner finds that the request is consistent with the aoals and policies in the Citv's
2020 Comprehensive Plan.
Ordinance 103–Section 5
• Items 5.1 and 5.2—Submitta/s
The applicant provided all of the information required by Section 5, items 5.1 and 5.2
in the application submittal.
• Items 5 3-5 5 - Compliance with Minnesota Environmenta/Qualitv Board(EQB)
Environmental Review Proqram and Repuired EAW
The applicant submitted an EAW as required with the original application in
November, 2008 to address the EQB requirements. The City reviewed the EAW,
and on March 3, 2009, Scandia's City Council determined that the project had the
potential for significant impacts, and that an Environmental Impact Statement(EIS)
was needed. The Notice of Decision for the EAW was published in the EQB Monitor
on March 23, 2009. The notice identified the City as the RGU of the EIS for the
Zavoral Mine and Reclamation Project. In April, 2009 the City approved the Scoping
Decision Document(SDD)for the EIS, and published the notice of Intent to Prepare
the EIS in September, 2009. Tiller subsequently revised the project to eliminate all
aggregate processing activities, including washing and related groundwater
withdrawats, at the Zavoral site, and proposed that any processing of material would
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be conducted at the Scandia Mine site. Based on Tiller's proposed revised project,
the City conducted a formal Scope Amendment Process, and approved a Revised
Scoping Decision Document(RSDD)for the proposed project in January 2010.
The City and its consultants completed the Draft EIS and published its availability in
March, 2012. The City received comments on the Draft EIS and revised the draft
based on the comments to produce the Final EIS. The City determined that the Final
EIS was adequate on September 25, 2012, completing the environmental review
process. Tiller Corporation revised its CUP application based on the Final EIS and
provided additional materiats to the City on October 9, 2012. The City determined
that the CUP application was complete for review on October 23, 2012. The
completed EAW and EIS process complied with the rules of the Minnesota EQB
Environmental Review Pro4ram and met the repuirements of Minnesota Rules
Chapter 4410 and Citv Ordinance 103.
• Item 5.6- Protection of Groundwater
The ordinance requires that a maximum depth of excavation be established so that
groundwater quality and quantity are protected. Mining is not allowed in confined
aquifers. Excavation into unconfined aquifers must be carefully monitored.
Dewatering is not allowed. No extraction operations are allowed that permanently
lower the water tab/e of surrounding properties or other water bodies, wet/ands, or
groundwater-dependent natural resources.
The application included a Groundwater Quality Protection Plan (October, 2012)with
the application. Item 4.7 in the EIS includes a detailed analysis of regional geology
and groundwater conditions, and analyzes the potential impacts of the Project on
groundwater and related surFace water resources.
Depth of excavation and proposed mininq operations. Tiller is proposing a maximum
mining depth of 840 feet above mean sea level (amsl). Tiller proposes that active
mining would occur to depths from 10 to 70 feet across the site, with an average
mining depth of 15 feet. The depth from the maximum depth of the mining
excavation to groundwater would range from approximately 25 to 50 feet. Tiller does
not propose to excavate below the groundwater table, and would maintain more than
the minimum 3-foot separation from the bottom of the excavation and the
groundwater table that is required by the Carnelian-Marine-St. Croix Watershed
District(CMSCWD). The proposed mining depths and depth of groundwater are
shown on Figures 10 and 11 in the EIS.
Groundwater use and surroundinq water tables. The previous mining operation on
the Zavoral site utilized a multi-aquifer well. The water appropriation permit for that
well has expired, and would be difficult to renew based on current state law. The
applicant is not seeking to renew the appropriations permit for the existing well, or to
develop new wells to serve the site. The use of the existing well must be limited to
less than 1 million gallons per year, or the applicant would be required to obtain a
new water appropriation permit. The maximum allowable daily water use without a
permit is 10,000 gallons per day(gpd).
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The applicant is proposing to limit the use of water from the Zavoral Site well to less
than 1 million gallons per year. The water will be used for dust control at the site.
The applicanYs projected water use for dust control is to pump less than 10,000
gallons per day at a rate of up to 1,200 gallons per minute (gpm).
The EIS analysis included information about surrounding wells and completed an
aquifer well test("pump tesY')to determine the potential impact of the applicant's
proposed groundwater withdrawals on adjacent wells and on groundwater dependent
resources, including local creeks and seeps. The test results and impact analysis
completed for the EIS indicated that the levels of withdrawals proposed for dust
control for the Project would not have a significant impact on area wells or on other
water bodies, wetlands or groundwater-dependent natural resources, such as
Zavoral Creek and groundwater seeps in the area. (See Item 4.7.1.4.2 in the EIS.)
Scott A/exander Review of Site, December. 2012. Scott Alexander, Dept. of Earth
Sciences, University of Minnesota, submitted a paper on behalf of TA-COS that
discusses new data available since the completion of the EIS about the sand and
gravel deposits at the site and relationship to groundwater. The paper concludes
with 3 recommendations for additional monitoring, maintaining a minimum separation
above the existing groundwater table, and for stormwater management on the site.
The paper was reviewed by the City's Groundwater Consultant and WCD and
CMSCWD staff and consultants, who recommended that the proposed conditions be
included in the CUP. The Planner has included the conditions recommended bv
Scott Alexander, the Citv's consultants and the CMSCWD in the recommended
conditions.
Groundwater P/an and Monitorinq. The applicanYs Groundwater Quality Protection
P/an (GWPP) includes proposed best management practices to minimize the
potential for contamination of underlying soil and groundwater, a groundwater
monitoring plan, and sampling protocol. The plan was reviewed by the City's
groundwater consultant, Leggette, Brashears, and Graham, Inc. (LBG) and wetland
consultant, the Washington Conservation District (WCD). LBG identified some
corrections that should be made to the applicanYs Groundwater Quality Protection
P/an. LBG's letter is attached, and the conditions that the Planner proposes in the
CUP reQuire the apqlicant to revise the GWPP to address LBG's comments.
The applicant completed an Emergency/Contingency Response Plan (October 2012)
that includes policies for the prevention of spills of pollutants, and guidelines for
notification and reporting spills if they occur. The application indicates that no
hazardous wastes will be stored at the site. Tiller anticipates that diesel fuel would
primarily be brought onto the site by a bulk delivery truck that would directly fuel the
operating equipment. At this time, storage of fuel on site is not expected. If storage
is necessary in the future, Tiller would utilize a single 1,000-gallon mobile tank. The
tank would need to comply with state, county and city regulations and include
secondary containment. The tank would be located within the active mining or
reclamation area.
Based on the LBG WCD and Scott Alexander comments on the apqlication and
submittals and the mitiqation recommendations included in the EIS, the Planner
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proposes the followina conditions to the CUP to protect aroundwater and related
surface water resources (these are conditions#3-15 in the draft Resolution to
a rove :
o The maximum depth of mining shall be 840 feet above mean sea level
(amsl). The EIS indicates that the separation befinreen the maximum depth of
mining and existing ground water level shall be 25 feet or more. The City or
its consultant shall monitor ground water levels as specified in the AOP, and
if the separation between the maximum depth of mining and ground water
level is less than 25 feet, the consultant shall report this information to the
City Council. The City shall report ground water levels on the site on a
quarterly basis to the Minnesota Department of Natural Resources.
o No mining for silica sand ("frac sand mining") shall be permitted during the
Project.
o No dewatering shall be permitted
o Daily pumping from the Zavoral Site Well shall not exceed 10,000 gallons at a
maximum pumping rate of 1,200 gallons per minute. Annual pumping shall
not exceed 1 million gallons.
o The applicant shall keep records of when the Zavoral site well is pumped,
and provide the records to the City, WCD, Washington County Department of
Public Health and Minnesota DNR for groundwater monitoring activities. The
records shall document both the daily use and total annual pumped volume
from the Zavoral Site Well.
o The applicant shall revise the Groundwater Quality Protection Plan (GWPP)
(October 2012)to address the corrections and issues identified in the LBG
letter to the City dated November 15, 2012. The applicant shall revise the
locations of the proposed borings and monitoring wells as requested by LBG.
o The applicant shall install additional groundwater observation wells or
piezometers on the mine site in locations approved by the City. The applicant
shall coordinate the number and locations of the observation wells and/or
piezometers and frequency of monitoring in consultation with the City and its
consultants.
o The City's consulting hydrogeologist shall make scheduled site visits,
download groundwater monitoring data, and collect manual measurements.
The hydrogeologist shall evaluate the data and report the results to the City
at least annually with the AOP application, or more frequently if he/she
identifies issues or problems.
o The City shall review and evaluate the GWPP on an annual basis or more
frequently if a significant change in the groundwater conditions occurs. The
applicant will modify the GWPP as needed to address identified concerns.
o If diesel fuel is stored at the site, the applicant shall sample and analyze
groundwater for diesel range organics. If gasoline is stored at the site,
gasoline range organics and benzene shall be added to the analyte list.
o The applicant shall meet Federal, State and City requirements for storage of
fuels on the site.
o Equipment fueling shall be conducted in a designated area over a hard-
surfaced fueling pad.
o The applicant shall provide spill cleanup equipment on-site.
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The Planner finds that with the proposed conditions, the Proiect would meet the
reauirements of Item 5.6 of Ordinance 103.
• Item 5.7 Permits for Air, Noise, and Water Qualitv
The applicant will need to obtain several permits from the MPCA to operate the mine
(listed on the permits table in section II, above). The applicant will also need to
obtain required stormwater permits from the Carnelian-Marine-St. Croix Watershed
District. Noise permits are not required for the Project. The City's ordinance
requires that the project comply with state noise standards. (Chapter Two, Item 3.3
(4)(A) of the e City's Ordinance requires that the Project comply with the Minnesota
Pollution Control Agency's noise standards). The Planner has included the followinq
conditions that reauire the aqplicant to obtain the necessarv permits to operate the
Proiect(conditions#2, 16, and 18 in the draft Resolution to aqprove):
• The Applicant shall comply at all times with the City's ordinances and all
applicable rules and regulations of Federal, State, County and local agencies,
and maintain permits granted by those agencies for all operations at the
siteThe applicant shall obtain the required agency permits for stormwater
management, and provide the City copies of the permits approved by the
Carnelian-Marine-St. Croix Watershed District(CMSCWD)and Minnesota
Pollution Control Agency [NPDES/SDS general permit for construction sand
and gravel facilities (MNG490000)].
• The applicant shall obtain the required Air Emissions Permit from the
Minnesota Pollution Control Agency, and provide a copy of the approved
permit to the City.
The Planner finds that with the qroposed conditions, the Proiect would meet the
repuirements of Item 5.7 of Ordinance 103.
• ltem 5.8- Permits from the Minnesota DNR and Rare Species
The surveys completed for the EIS documented a population of Butternut trees
(Juglans cinerea), a species of Special Concern in Minnesota. One tree within the
site was identified as healthy; the others are affected by a fungal disease. The
Minnesota DNR currently lists Butternut trees as a Special Concern species, and
therefore does not require avoidance, protection or mitigation for removing trees of
this species. However, the status of the Butternut tree is proposed to change to
Endangered within the next year. If tree-clearing occurs after this reclassification
takes place, a taking permit from the Minnesota DNR will be required. The Planner
has included the followin4 qroposed condition for the CUP(conditions #19-21 in the
draft Resolution to approve:
• The applicant shall obtain an Endangered Species Take Permit before
removing any Butternut trees identified on the site if the Minnesota DNR
reclassifies Butternut trees from Special Concern to Endangered.
• The applicant shall comply with the "Summary of Recommendations for
Avoiding and Minimizing Impacts to Blanding's Turtles Populations"found in
Appendix C of the Zavoral Mine and Reclamation Project EIS. Tiller
Corporation shall provide the City or its consultant with its Blanding's Turtles
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Scandia City Council Page 13 January15, 2013
Standard Operating procedures guidelines for review and comment. The City
or its consultant will conduct annual site visits to verify compliance.
• The applicant will inspect all trees for raptor nests prior to tree clearing.
Trees with active nests may not be cleared while the nest is actively used.
The Planner finds that with the qroposed conditions, the Proiect would meet the
requirements of Item 5.8 of Ordinance 103.
• Item 5.9 Surface Water Protection Plan
The ordinance requires thaf the applicant provide a surface water protection plan that
addresses ongoing monitoring, accident response and remediation. The surface
water plan must include subwatershed maps that delineate all drainage areas on the
property as well as areas that drain to or through the property.
The applicant included the Zavoral Mining and Reclamation Surface Water Plan
(October 2012), a Stormwater Pollution Prevention Plan (July 24, 2012)and an
Emergency/Contingency Response Plan (October, 2012) in the CUP Application.
The Surface Water Plan is consistent with the project analyzed included in Sections
4.6-4.8 of the EIS, and includes the maps required by the ordinance.
The Surface Water Plan notes that the total area of the site where active mining and
reclamation are proposed is 64 acres. 52 acres of that area are internally drained
within the site, and have no off-site drainage. The 12 acres that discharge off-site
drain to Zavoral Creek, Middle Creek, and South Creek; these creeks drain to the St.
Croix River. The EIS concluded that the flow off-site from each watershed in the
Project area would be greatly reduced from existing conditions for the 2-year, 10-ear
and 100-year storm events. After mining and reclamation have been completed, the
total area with off-site discharges would be reduced from 11.6 acres to 1.3 acres. As
flow rates decline, the potential for erosion and negative impacts on water quality of
downstream water bodies would decline. The EIS included proposed mitigation
measures to manage surface water quantity and quality and protect surface waters
during site operations.
The applicant and staff from the WCD discussed the proposed stormwater
management plan with the Planning Commission, and stated that the plan will not
concentrate stormwater drainage on the site. Stormwater will infiltrate over the site
while mining activities are occurring, and drainage will be directed away from the
bluffs. The reclamation plan includes creation of six shallow basins throughout the
site and revegetation of the site, so that stormwater will infiltrate across the area and
will not be concentrated at an point on the site.
The applicant is required to obtain stormwater permits from the MPCA and the
CMSCWD to operate the project and meet the ordinance requirements. The
CMSCWD and WCD reviewed the EIS, the application and its Surface Water Plan,
and recommended a monitoring protocol and conditions for the CUP. Based on their
recommendations and the mitigation items included in the EIS, the Planner included
the followin4 conditions in addition to those inc�uded in Item 5.7 to protect surFace
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water resources based on the EIS and comments from the CMSCWD and WCD
(conditions# 17, 22-30:
o The applicant shall implement the Best Management Practices (BMP's)
included in the SWPPP, Surface Water Plan and CMSCWD permit to protect
surface waters and manage erosion and sedimentation.
o The applicant shall construct the proposed berm on the south end of the Site
as close to the mining and reclamation limits as possible to reduce off-site
peak flow rates.
o The applicant shall minimize the amount of unnecessary equipment on-site
and reduce soil tracking off-site by vehicles.
o The applicant shall monitor all on-site construction equipment for leaks and
complete regular preventive maintenance. Fueling and maintenance of
vehicles shall occur within the area of active mining and no "topping off' of
vehicle fuel tanks shall be allowed.
o Any above-ground storage tank (AST)at the Site shall be located more than
500 feet from surface waters.
o The applicant shall notify the Minnesota Pollution Control Agency of all AST's
within 30 days of installation by submitting an AST Notification Form.
o The City or its consultant shall monitor the potential impacts of mining
activities on the water resources at the site on behalf of the City. The
monitoring locations, protocols and methodology shall be specified in the
AOP. The City shall submit all status reports and ground and surFace water
monitoring reports to CMSCWD and the Minnesota DNR.
o The City or its consultant shall monitor the WCD monitoring point installed for
the EIS pump test that gathers baseline data in Zavoral Creek for the lifetime
of the project. Monitoring shall include water quality and quantity parameters.
o The City or its consultant shall install a monitoring station upstream of or near
Crystal Springs in order to isolate potential effects due to mining from other
effects due to unrelated activities within the watershed. 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. The
results of the analysis shall be provided at least annually to the City for use
during the review of the AOP for the Project.
o The City or its consultant shall complete an annual field review of the wetland
boundaries of the wetlands within the project area, including black ash
seepage swamps (Wetlands A, B, and C as shown in the CCES wetland
delineation report dated January 14, 2011), to determine if the mining
activities have any impact on the wetfands. The review shall occur within the
growing season as defined by the U.S. Army Corps of Engineers'Wetland
Delineation Manual (North Central and Northeast Regional Supplement), and
shall be coordinated with the applicant and when active mining operations are
occurring.
The Planner finds that with the proposed conditions, the Proiect would meet the
reauirements of Item 5.9 of Ordinance 103.
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• Item 5.10-Access Permit for Roadwav
The ordinance requires that mining operations that have access from a public
roadway obtain an access permit from the respective agency or City, and that turn
lanes be added if needed to reduce the risk of traffic safety hazards. The mine
operator shall bear the cost of construction of the turn or bypass lanes.
The Planner has included the followinQ qroposed conditions for the CUP related to
the access permit repuirements (conditions #31-33 in the draft Resolution to
a rove :
• The applicant shall obtain the required Mn/DOT Access Permit (TP 1721)for
the Project.
• The applicant shall construct the new driveway access directly across from
TH 97 as required by Mn/DOT for safe access.
• The applicant shall construct a new north-bound right turn lane on TH 95 as
required by Mn/DOT (letter to the City of Scandia, January 22, 2009). The
design of the right-turn lane shall be consistent with the design of the existing
left-turn lane.
The Planner finds that with the proposed conditions, the Proiect would meet the
reauirements of Item 5.10 of Ordinance 103.
• Item 5.11 -Abandoned Wells
There are no existing abandoned wells on the site.
Ordinance 103, Section 7—Operating Conditions
Item 7.1 - Oaeratinq Conditions
o Setbacks
The ordinance requires setbacks of 50 feet from adjoining property lines 200 feet
from any existing occupied structures; 100 feet from any contiguous property .
subdivided into residential lots of five acres or less; and 100 feet from any road
right-of�way from any existing or p/atted street. Plan sheet C1-A shows the
project setbacks. The setbacks identified in the apqlicanYs site plan meet the
ordinance reQuirements.
o Fencing
The ordinance requires that fences be constructed prior to the commencement of
mining operations. At a minimum, fencing shall be a three-strand wire fence
posted with warning signs. The fencing must be maintained until reclamation is
comp/ete.
The applicant is proposing a four-foot high chain link fence, in conjunction with
the proposed screening berms. The proposed fencinq meets the ordinance
repuirements The Planner has included proposed condition #43 in the
Resolution to apqrove states "The aqplicant shall construct the fence included in
the proiect plans prior to beainnina mininq oqerations and shall be maintained
until reclamation is complete."
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o Hours of Operation
The ordinance requires that mining operations inc/uding excavating, stockpiling
and hauling may be conducted only between the hours of 7 a.m. and 7 p.m.,
Monday through Friday, un/ess other hours or days of operation are specifically
authorized by the City.
The Planner has included proposed condition #44 that states that"The hours of
operation shatl be conducted onlv befinreen the hours of 7 a.m. and 7 p.m.,
Mondav throuah Fridav. excludin4 Federal holidavs, durinca davliaht hours, or one
hour before sunrise and one hour after sunset durinq seasons when davliaht is
not available between 7 a.m. and 7 p.m., unless the Citv authorizes other hours
or davs of operation."
The Council mav consider a condition discussed in the Final EIS that hours of
oqeration mav be limited to 7 a.m. to Noon on Fridavs to minimize conQestion
and conflicts with recreational traffic.
o Screening
The ordinance requires screening when deemed necessary by the City.
Screening must be at least six feet in height, and may include walls, berms,
fences and p/antings.
The Site Plan (sheet C-2) shows the existing and proposed screening on the site.
An existing vegetated berm is located on the western boundary of the property.
New berms are proposed on the western side of the site that will be constructed
to a minimum height of six feet with a maximum slope of 3:1. The plan also
notes locations where existing trees will be maintained to screen the site. New
berms will be seeded and mulched, and silt fence will be utilized until vegetation
is established. The proposed screening meets the ordinance requirements. The
Planner has included proposed conditions #45 and 54 based on the EIS
recommendations: "The applicant shall coordinate proposed berm removals
associated with qroiect completion with the Citv," and "The applicant shall
implement the berms and screenina proposed in the site alan."
o Dust Control
The ordinance requires that the applicant operate in a manner to minimize on-
site and off-site dust, and that operations must meet MPCA requirements. The
driveway must be setback at/east 50 feet from neighboring property lines. The
applicant must prepare a dust contro/p/an and implement dust contro/activities
as required by the City. Dust contro/shal/not pollute surface and ground waters.
The ordinance includes specific requirements for pit access roads and for
minimizing dust deposition on public roads.
The applicant submitted a Dust Control Plan (Revised October 8, 2012)with the
CUP application. The applicanYs plan notes that the main haul road will be
paved with asphalt for the first 300 feet into the site. Asphalt millings will be
applied to the main haul road from the paved area to the base of the mine. The
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Scandia City Council Page 17 January15, 2013
plan includes additional watering, washing, sweeping, inspections for tracking,
and records of dust control activities.
The EIS includes an analvsis of the proposed site activitv and the dust control
methods proaosed bv the applicant. The analvsis concluded that if the dust
control measures are implemented, the impacts from the dust Qenerated bv site
operations would not exceed federal emissions standards (those standards have
been adoated bv the MPCA). The MPCA reviewed the draft EIS and identified
no concerns related to the dust control plan.
The proposed dust control meets the ordinance requirements. Dave Gutterud of
Indoor Environmental Group, Inc., a consultant who had developed and
implemented monitorinQ for other mine sites developed a proposed monitorin4
protocol for the site based on state standards and the EIS mitiqation plan. The
Planner has proposed the followina conditions for the CUP (qroposed conditions
#46-55 in the draft Resolution for approval:
o The applicant shall implement the Dust Control Plan (dated 10/8/12 and
updated 3.1/13), including all activities proposed during stripping, grading,
and active mining operations.
o The applicant shall utilize non-chloride agriculturally derived organic
polymers or naturally-occurring polymers on internal haul roads to control
dust. The applicant shall apply dust control polymers at least twice per
season, once at the beginning of the season and once at the midpoint.
The applicant shall review the coverage of the material on a regular basis,
and reapply the polymers if they are no longer effective.
o The applicant shall water unpaved haul roads on the site, including milled
portions at least twice daily, unless recent precipitation is keeping these
roads wet, and at least once every 3 working hours during hot, dry
conditions.
o The applicant shall wash hauling and loading equipment on a regular
basis.
o 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.
o The applicant shall perform employee exposure monitoring or similar on-
site testing at this site at least once per season and submit the results
(with employee personal information redacted)to the City for review. The
monitoring shall be specific for respirable dust and respirable silica, shall
include mining, loading and hauling personnel, and shall represent worst-
case exposure conditions.
o The City and its consultants shall perform periodic on-site review and
monitoring of dust control activities to assure compliance with this permit.
Monitoring locations, protocols and methodology shall be specified in the
AOP.
o 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 The applicant shall implement the berms and screens proposed in the site
plan.
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Scandia City Council Page 18 January15, 2013
o Trucks shall not idle on the site and approach area for more than 30
minutes.
o Noise
The ordinance requires that all equipment and other sources of noise must
operate so as to be in accord with Federal, State and City noise standards. Item
3.3 (4) (A) of the Development Code states that "the standards of the Minnesota
Pollution Control Agency for noise, air and water pollution shall be the standards
applied."The mine operator must prepare a noise mitigation p/an that meets the
ordinance requirements.
The EIS included a detailed analysis of the noise that will be generated by the
project, potential impacts and recommended mitigation strategies in Item 4.15.
The analysis utilized the Minnesota State noise standards for land uses including
residential uses, churches, schools and campgrounds and examined noise that
would be generated by mining activities on the site as well as traffic that will be
generated by mining operations.
The EIS analysis concluded that for Alternatives 1 and 3 (mining operations over
5-10 years and 3.3-5 years, respectively, the Project would generate noise levels
similar to current levels. Sound levels on the Riverway would not exceed the
applicable State noise standards. Noise levels may be exceeded at a number of
residences along TH97 during maximum hauling conditions—however, the levels
would be similar to current conditions. Noise levels would be higher under
alternative 3A (150-day working operation), and would be higher than levels
experienced in the past.
SBP Associates reviewed the EIS noise analysis, and developed a monitoring
protocol and recommended conditions for the CUP. Based on the SBP
recommendations and mitigation recommendations in the EIS, the Planner has
included the followinq proposed conditions for the CUP (conditions#54 and 56-
61 in the draft Resolution for approval):
o The applicant shall implement the berms and screens proposed in the site
plan.
o The project shall comply with the City's adopted noise 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 If the noise levels at the Project area exceed State Standards for any of
the testing, the applicant will identify and take corrective actions to bring
the noise levels into compliance. The City may order additional testing to
confirm that the Project is in compliance.
o The applicant shall require that Tiller's equipment on the site use
broadband alarms and haul trucks shall utilize a circular traffic pattern to
the extent feasible or other traffic pattern that minimizes the need for haul
trucks to back up on the site.
o The applicant shall require that all Tiller-owned equipment is properly
muffled and shall inspect mufflers on the on-site equipment on at least a
weekly basis and document inspections.
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o The applicant shall ensure that the mining plan will minimize any time
when the noise from the on-site equipment and haul trucks are operating
without noise mitigation from berms and/or the mine face.
o The applicant shall complete the clearing of previously-unmined areas
during the winter to minimize noise impacts.
The Planner finds that with the proposed conditions the Proiect would meet the
operatinq conditions related to noise in Ordinance 103.
o Depth of Excavation
The ordinance requires that the depth of excavation be regu/ated based on
groundwater protection and the ability to restore the property. Dewatering is not
allowed.
Tiller is proposing a maximum mining depth of 840 feet above mean sea level
(amsl). Tiller proposes that active mining would occur to depths from 10 to 70
feet across the site, with an average depth of 15 feet. The EIS indicated that the
depth from the maximum depth of the mining excavation to groundwater would
range from approximately 25 to 50 feet. Tiller does not propose to excavate
below the groundwater table, and would maintain more than the minimum 3-foot
separation from the bottom of the excavation and the groundwater table required
by the CMSCWD. The proposed mining depths and depth of groundwater are
shown on Figures 10 and 11 in the EIS.
The proposed depth of excavation meets the ordinance requirement. The
Planner has included the followinq proposed conditions for the CUP (conditions
#3-5 in the draft Resolution for apqroval):
o The maximum depth of mining shall be 840 feet above mean sea level
(amsl). The EIS indicates that the separation between the maximum
depth of mining and existing ground water level shall be 25 feet or more.
The City or its consultant shall monitor ground water levels as specified in
the AOP, and if the separation between the maximum depth of mining
and ground water level is less than 25 feet, the consultant shall report this
information to the City Council at least quarterly. The City shall report
ground water levels on the site on a quarterly basis to the Minnesota
Department of Natural Resources.
o No mining for silica sand ("frac sand mining") shall be permitted during
the Project.
o No dewatering is permitted.
o Site Clearance
The ordinance requires that all stumps and other debris resulting from excavation
and mining activities be disposed of by approved methods. The mine plan must
address the disposal of stumps, trees and debris. The Planner has included
proposed condition #62 in the draft Resolution as follows: "The applicant shall
recvcle debris created bv clearinq, arubbina and excavation, or dispose of
stumps trees and debris in another manner approved bv the Citv."
o Appearance/Condition
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The Planner has included proposed condition#63 in the draft Resolution as
follows: The apqlicant shall maintain the mine site and epuipment in an orderlv
condition. Weeds shall be controlled in planted and reclaimed areas. Existinq
trees berms and topsoil alonq existinq public riahts-of-wav shall be preserved,
maintained and supplemented as proqosed in the Site Plan and Reclamation
Plan."
o Sanitary Facilities
The applicant is proposing to utilize portable sanitary facilities to serve
employees at the site. The proposed facilities meet the ordinance requirements.
The Planner has included proposed condition #64 in the draft Resolution as
follows: "The applicant shall provide and maintain portable sanitarv facilities to
serve the site and shall meet all aqplicable standards and reaulations for
wastewater disposal."
o Waste Disposal
The applicant will use a waste container within an on-site trailer for waste
collection. The waste would be collected by a Tiller employee on a daily basis
when work was occurring at the site. The waste will be taken to Tiller's Maple
Grove facility, where it will be picked up by a licensed solid waste hauler for
disposal at a licensed waste facility. In the event that increase waste disposal
was needed, Tiller would utilize a dumpster managed by a licensed waste hauler
at the site. The proposed methods of waste disposal meet the ordinance
reauirements. The Planner has included proposed condition #65 in the draft
Resolution as follows: "The applicant shall dispose of anv waste aenerated from
the mininq operation, includina waste from vehicles or eQuipment maintenance,
in accordance with Federal, State and Citv reauirements."
o Water Quality Monitoring
The ordinance requires that water from monitoring wells and discharged from the
mining area be ana/yzed one year after rec/amation is complete. Samples from
monitoring wells shall be analyzed and results submitted prior to granting an
Annua/ Operating Permit. Sampling shal/be done by an independent testing
laboratory and agency chosen by the City. Monitoring wells shall be sealed one
year after rec/amation if the site is determined to be uncontaminated. Water
samples sha/l be analyzed to determine levels of petro/eum products and
hydrocarbons. The Cify may require testing for other contaminants.
The EIS analyzed the potential impacts to surface and ground waters that could
occur as a result of the Project (Items 4.5, 4.7, 4.9 and 4.10 in the EIS), and
included mitigation recommendations to avoid or minimize potential impacts.
The WCD and LBG reviewed the application, including the groundwater and
surface water protection plans provided by the applicant, and the EIS mitigation
recommendations. The WCD and LBG developed protocols for monitoring
groundwater and surface water if the Project receives a CUP. Based on the
mitiaation recommended in the EIS, WCD and LBG recommendations, the
Planner has included proqosed conditions monitorinq qround and surface waters
for the CUP which are previouslv listed in Section 7.1 Oqeratinq Conditions, and
include conditions#6-16 and 27-30 in the draft Resolution.
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The Planner finds that with the proposed conditions the Proiect would meet the
operating conditions related to water aualitv monitorina in Ordinance 103.
o Fuel and Chemical Storage and Contingency Response Plans
The applicant included a Stormwater Pollution Prevention Plan (July 24, 2012)
and Emergency/Contingency Response Plan (October, 2012)that meet the
ordinance requirement. The Planner included condition #66 in the draft
resolution as follows: "The applicant shall meet Federal, State and Citv
requirements for storaqe of fuels on the site."
o Additional Provisions for protection of health, safety, welfare and prevention of
nuisances
The EIS discussed the potential impacts of the mine operation on bicycle and
pedestrian facilities near the Project. It noted that the City's Trail Plan includes a
trail along TH 95 that will be impacted by the Project, and a potential trail on TH
97. The Planner has included conditions #67 and 68 in the draft Resolution to
related to the trail facilities:
o The applicant shall fund improvements to the existing pedestrian/bicycle trail
along State Scenic Byway TH 95 in the mine area and maintain connections
to existing trails.
o If the proposed trail on TH 97 is developed while the Zavoral Mine is
operational, the applicant shall fund signage for the trail crossing on TH 95.
o Processing and Recycling Operations
No processing, recycling operations or asphatt plants are proposed for this
Project.
o Asphalt Plants
No asphalt plant is proposed for this project.
Ordinance 103, Section 8.0 Reclamation
Section 8.1 Submitta/s. The applicant submitted the Zavoral Property Reclamation
Plan (May 3, 2011, revised October 8, 2012). The information included in plan and
related maps (C1-05) and a cost estimate to meet the requirements for submittals
listed in the ordinance under Section 8.1.
Section 8.2 Timinq. The plan includes a phasing plan that indicates that the
proposed reclamation would occur concurrently and approximately proportionately
with the mining operations. The plan indicates that reclamation will occur in four
phases. Phase 1 reclamation will take place as the first phase of mining occurs
since it will be completed outside the area where mining is occurring, within the St.
Croix Riverway Zone and scenic easement. Reclamation Phases 2, 3 and 4 will take
place as each mining phase is completed. The proposed timinq of reclamation
meets the ordinance requirement.
Section 8.3 Water Areas. The Reclamation Plan calls for the creation of some
shallow depressions (less than 2' deep)that will infiltrate runoff and help to diversify
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Scandia City Council Page 22 January15, 2013
the plant communities proposed for reclamation, but these areas will not accumulate
substantial water and therefore are not subiect to the requirements listed in Section
8.3.
Section 8.4 Excavation and Gradinq. The ordinance require that the Reclamation
Plan needs to meet the requirements listed in Section 8.4 regarding the use of c/ean,
non-contaminated fill material; the reclamation should resu/t in a gently rolling
topography; at least 4 inches of topsoil must be applied of a qua/ity similar to topsoil
in the surrounding area; the soil must be planted with trees, shrubs, legumes and
grasses reclaimed s/opes shall be no steeper than 4:1 (horizontal to vertical); and
reclaimed areas that are p/anned for building purposes shall have a fina/elevation at
least 10 feet above the groundwater level. The ordinance requires that natural
drainage patterns be altered to the least degree and shall not affect public roads or
neighboring uses.
The Reclamation Plan includes the use of existing topsoil material that has been or
will be stockpiled on the site, and the additional of additional topsoil as needed to
meet the minimum topsoil depth requirement. Maximum slopes of 4:1 are indicated
on the Reclamation Plan figures. The final elevation will be 25-30 feet above the
groundwater level. The proposed phasina, qradina, toqsoil, and final elevation meet
the ordinance re4uirements for reclamation. The Planner has included proposed
condition #71 in the draft Resolution as follows: "The applicant shall use clean, non-
contaminated fill material and toqsoil for all reclamation. The aqqlicant shall use
sandv subsoil available at the site with added orqanic soil amendments for
reclamation topsoil."
Section 8.5 Drainape. The ordinance requires that existing drainage be maintained
where surface water enters and leaves the property, and shall be altered to the/east
degree needed to carry out excavation and re/ated activities. Drainage a/teration
should not affect public roads or neighboring uses.
The site includes 64 acres that will be altered for mining and reclamation. 52 acres
of this area are internally drained (previous mined area), and will continue to do so
after mining is complete. Six depressional areas will be created within the mined
area to infiltrate stormwater. The remaining areas drain to Zavoral, Middle and
South Creeks. The general drainage pattern that exists on the site will be
maintained after reclamation, with a slightly larger area draining internally to the
mined area rather than off-site, and some drainage directed toward the west and
away from the bluff areas between the site and the St. Croix River. The proaosed
drainaae plan meets the ordinance requirements. The applicant shall be required to
obtain the necessarv stormwater manaqement qermits from the CMSCWD and
MPCA and qrovide coqies of the qermits to the Citv.
Section 8.6 Cover and P/antinq. The ordinance requires that the rec/amation area
be planted with grass, trees, shrubs, crops or other vegetation to prevent erosion and
provide for screening and natura/beauty. Technica/assistance shou/d be obtained
from the loca/conservation district or others as needed.
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The applicant is proposing to plant the reclaimed areas with native trees and seed
mixes to create native dry and mesic prairie communities and white pine woodland.
Plant community types will change on the site after mining and reclamation are
completed, as described in Item 4.4.1.2.1 in the EIS—there will be less cropland,
woodland, and nonnative plant communities, and more native dry and mesic prairie
areas. The wetland acreages will remain the same. The creation of native plant
communities on the site exceeds the reauirements of the ordinance, and is a
proaosed to make the reclamation area compatible with surroundinq areas.
The WCD has reviewed and provided comments and recommendations on the
Reclamation Plan. The WCD and the Planner proqose conditions#69-79 related to
the reclamation plan for the CUP:
• Within 60 days of the approval of the CUP, the applicant shall prepare and
provide to the City an updated reclamation plan (revising the Reclamation
Plan dated October 9, 2012)which includes performance standards, as listed
below, for approval by the City. Reclamation on the site shall be
implemented in accordance with the updated reclamation plan.
• Reclamation shall proceed concurrentty and proportionally to mining
operations. Progress on reclamation shall be demonstrated in each AOP
application.
• The applicant shall use clean, non-contaminated fill material and topsoil for all
reclamation. The applicant shall use sandy topsoil available at the site with
added organic soil amendments for reclamation topsoil. The applicant shall
successfully estabtish permanent native vegetation in reclaimed areas as per
the schedule, extents and methods as provided in the Zavoral Reclamation
Plan and Zavoral Reclamation Plan Topsoil and Prairie Establishment
Memorandum (October 3, 2011) by CCES.
• Reclamation success shall be defined as follows:
a. 90% areal coverage of vegetation for each reclaimed area, within 3 years
post seed installation;
b. Non-native and invasive plant species (as defined and listed by the
Minnesota DNR)and potentially-aggressive native plant species (Rhus
spp. and Juniperus virginiana) shall account for no more than 20% cover
of the reclaimed areas at the end of the 5th growing season, post seed
installation;
c. The reclaimed areas shall contain at least 50% of the species for both
grasses and forbs contained in the specified seed mixes at the end of the
5th growing season, post seed installation;
• Vegetation establishment and monitoring shall continue for a period of 5
years after completion of the Zavoral Mine Project, in its entirety.
• The City shall monitor the transplantation of trees to ensure a survival rate of
at least 80%for all transplanted trees. The applicant shall provide the City
with the quantity, location, species and proposed maintenance plan for all
trees transplanted as part of the reclamation. Survival rates of less than 80%
will require replacement of the dead trees by the applicant. Replacement tree
species will be selected in consultation with the City and its consultant and
approved by the City.
• The applicant shall submit annual reclamation monitoring reports to the city,
on or before November 1, that describe the reclamation activities that
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Scandia City Council Page 24 January15, 2013
occurred in the specified year, and the status of all reclaimed areas. The
applicant shall provide detailed information such as percent coverage of
vegetation, species composition, etc., pertaining to compliance with the
performance standards, as provided above. If the reclaimed areas do not
meet the performance standards, the applicant shall include corrective action
plans in the reclamation monitoring report.
• If the City determines that a reclaimed area has not met the vegetative
performance standards listed above, the city shall order corrective action(s)
including, but not limited to, reseeding, overseeding, spot seeding, or other
actions so that the reclamation meets the criteria for success. The specific
corrective actions may be dependent on site conditions. The city will
determine the appropriate actions in consultation with its consultants, the
applicant, and other experts, as necessary.
• The City and its consultant shall complete monitoring of reclamation activities
at the Zavoral site. The monitoring locations, protocols and methodology
shall be specified in the AOP.
• Final reclamation shall include removal of any equipment and backfilling and
seeding the operations area.
• Approval of the reclamation plan shall not constitute an approval by the City
of Scandia of an ultimate use for the site. Ultimate use shall be determined
based on the Scandia Comprehensive Plan and ordinances in effect at the
time the mining is complete and applications for development of the site may
be submitted.
Findings: The Planner finds that with the reauired conditions, the Reclamation Plan meets
the reauirements of Ordinance 103 with the reauired conditions.
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III. CONDITIONAL USE PERMIT REVIEW CRITERIA—DEVELOPMENT CODE
CHAPTER ONE
A. Evaluation of General Criteria for CUPs from Chapter One of the Development
Code
Chapter One, Section 8 of the Development Code includes general criteria and performance
standards for review of a CUP. This section evaluates the Zavoral Mine application in relation
to the general CUP criteria and performance standards in the Code. The analysis utilizes the
available objective criteria in the Development Code and the data and analyses completed for
the EIS to evaluate the project.
The general criteria for evaluating CUP's include the following:
1. The conditional use permit will be in compliance with and shall not have a negative
effect upon the Comprehensive Plan, including public facilities and capital
improvement plans.
2. The establishment, maintenance or operation of the conditional use will promote and
enhance the general public welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
3. The conditional use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish
and impair property values or scenic views.
4. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
5. Adequate public facilities and services are available or can be reasonably provided
to accommodate the use which is proposed.
6. The conditional use shall conform to the applicable regulations of the district in which
it is located and all other applicable standards of this Chapter.
7. The conditional use complies with the general and specific performance standards
as specified by this Section and this chapter.
The Planner's evaluation of the aqqlication based on each of the qeneral criteria (in italics) is as
follows:
1. The conditiona/use permit will be in compliance with and shall not have a negative effect
upon the Comprehensive Plan, inc/uding public facilities plan and capital improvement
plans.
The City's 2020 Comprehensive Plan was the adopted Comprehensive Plan at the time of the
initial application. Under that plan and related zoning map and ordinance, the Zavoral Mine site
was included within the Agriculture (AG) District. Aggregate mining was an allowed use in the
Agriculture District under the 2020 Comprehensive Plan and zoning ordinance. This review of
the Zavoral Mine and Reclamation Project CUP application is based on the goals and policies in
the 2020 Comprehensive Plan and Zoning Map, the adopted plan at the time that Tiller
submitted the CUP application for the Zavoral Mine and Reclamation Project. The City Attorney
provided a memorandum on this issue dated December 5, 2012.
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The goals and analysis in the 2020 Comprehensive Plan focus on issues related to growth
management. The plan's goals include preserving Scandia's rural character and distinctive
identity from urban growth. The Plan has a short discussion related to aggregate mining that
indicates the following:
• Aggregate mining is a necessary activity
• Mining should continue to be an allowed use in the Agriculture District
• Mining activity should be screened from neighbors' views
• Land reclamation should be required and carefully managed.
The Planner's findings related to the criteria for compliance with the Comprehensive Plan
include the following:
• Aggregate mining is a permitted use in the AG District with a Conditional Use Permit.
• The CUP application and EIS include proposed screening and a proposed reclamation
plan for the Project. The proposed screening and reclamation plan are evaluated in this
staff report, and the Planner finds that the plans meet City requirements.
• The Zavoral Mine project does not impact the public facilities discussed in the 2020
Comprehensive Plan, which included local roadways, local parks, and the downtown
sewer system. The Planner has included conditions that the apqlicant must provide
funds to improve the existina citv pedestrian/bicvcle trail and siqnaae alonq TH 95
(Conditions#67and 68 in the draft Resolution).
• The 2020 Comprehensive Plan did not include a capital improvements plan.
Issues related to public facilities and public costs of the project were also addressed in two
items in the EIS. Item 4.3.3 in the EIS addresses notes that the City of Scandia and
Washington County would be capable of providing the necessary public and emergency
services to the project under their existing organization. The EIS did not identify any potential
impacts to City capital facilities or the current capital improvement plan. The EIS notes that the
City will require additional staff and consultant resources to monitor the mining project for
compliance with permit and mitigation requirements. The Planner has included qroposed
conditions#84 and 88 that reauire that the applicant pav all costs related to citv and consultant
monitorina of the proiect and implementation of the mitiaation plan:
• The applicant shall pay all costs associated with site monitoring activities identified in
this permit and the AOP including, but not limited to monitoring of traffic, air quality,
noise, ground water and surface water, and the reclamation plan, and the costs of
equipment, installation, site visits, data collection, data analysis, reporting, maintaining
compliance and all other costs associated with all of the monitoring activities identified in
these conditions.
• The (Developer)Agreement shall include a financial guarantee acceptable to the City to
assure compliance with the reclamation plan, and provide for an escrow that the City will
use to pay for City staff and consultant costs related to monitoring and reporting
activities.
The Planner finds that the reauest is consistent with the qoals and policies in the 2020
Comprehensive Plan and that the Zavoral Mine and Reclamation Proiect will not neqativelv �
impact the Citv's public facilities or its capital improvements plan.
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2. The establishment, maintenance or operation of the conditional use will promote and
enhance the genera/public we/fare and will not be detrimenta/to or endanger the public
hea/th, safety, morals or comfort.
The objective criteria that are included in the Development Code and the EIS analysis that
relate to evaluating the projecYs relationship to general public welfare, health, safety, morals
and comfort include the following::
• Traffic. Development Code Chapter 2, Item 3.1-includes General Standards for Traffic
Control. Traffic impacts and control were evaluated in Item 4.13 of the EIS
• Environmental impacts. Development Code Chapter 2, Item 3.3- Environmental
Regulations, includes requirements for Hazardous Materials and Nuisances (noise,
odors, air pollution, wastes, dust, etc.). These items were analyzed in the EIS, in Items
4.2, 4.12, 4.14, and 4.15.
• Surface and Groundwater impacts. Development Code Chapter 2, Item 3.7 and Mining
Ordinance 103 Items 5.6, 5.7 and 5.9 include standards for managing surface and
ground water. The EIS analyzed potential surface and groundwater impacts in Sections
4.6, 4.7 and 4.10.
• Economic impacts. The only economic impacts identified in the Development Code are
"substantial impacts to property values." This item is analyzed under criteria #3 below.
The EIS analyzed potentiat economic impacts in Item 4.3.
Each of the criteria is analyzed in the sections that follow:
a. Tra�c
The Deve/opment Code requires that the "traffic generated by any use shall be
controlled so as to prevent congestion of the public streets, traffic hazards, and
excessive traffic through residentia/areas, particu/ar/y truck traffic. lnterna/traffic shall
be regu/ated so as to ensure its safe and orderly flow. Traffic info and out of business
and industria/areas in all cases shall be forward moving with no backing into streets."
Item 4.13 of the EIS included a detailed traffic analysis. The analysis concluded that if
the recommended mitigation measures were implemented, the tevels of traffic that will
be generated by the Project will not have significant impacts on public roadway
congestion or safety. Project tra�c will be confined to state and county roadways, and
shall not utilize local residential streets. Truck tra�c will not be allowed to back onto
roadways. The EIS included recommended mitigation measures that require that the
applicant obtain the required access permit for the site and build the roadway
improvements that Mn/DOT requires for the permit.
Vernon Swing, an engineer at RLK Associates, submitted a recent letter that challenged
Mn/DOT's intersection recommendations for the site. MnDOT reviewed Mr. Swing's
analysis, and indicated that the intersection type recommended by Mr. Swing is
appropriate for driveways with less than 100 trips per day. The traffic analysis and many
comments on the EIS have noted that the new access may have up to 744 trips per day,
depending on the alternative recommended by the City. Therefore, the Type 3 access
that MnDOT has indicated it would require is the appropriate access type for this project,
and the Type 2 intersection recommended by Mr. Swing is not appropriate.
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Based on the EIS analvsis and recommendations of Citv consuttants, the Planner
recommends conditions#31-42 included in the draft Resolution to address the traffic
control reauirements of the ordinance:
• The applicant shall obtain the required Minnesota Department of Transportation
(Mn/DOT)Access permit(TP 1721)for the project.
• The applicant shall construct the new driveway access directly across from TH
97 as required by Mn/DOT for safe access.
• The applicant shall construct a new north-bound right-turn lane as required by
Mn/DOT(letter to the City of Scandia, January 22, 2009). The design of the
right-turn lane shall be consistent with the design of the existing left-turn lane.
• The City or its consultant shall complete traffic monitoring of the Project. The
traffic monitoring protocol and requirements shall be identified in the AOP.
• The City shall request that Mn/DOT complete speed studies in the following
locations: 1) on TH 95 north and south of TH 97; on TH 97 near the Scandia
Elementary School; and on TH 97 near the intersection with County Road 91
(Lofton Avenue).
• The applicant shall record and report the number of trucks hauling Class C add-
rock from the Zavoral Mine site and the number and source location of trucks
hauling add-rock to the Scandia Mine to the City quarterty to ensure that
additional truck traffic would not result from hauling from the Zavoral Site at peak
demand concurrent with other sites. The applicant shall submit annual truck
number and source reports with the Annual Operating Permit application.
• Traffic generated by the Project shall not exceed the maximum levels analyzed in
the EIS for the setected alternative (Alternative 3, 334-400 round trips per
working day, total peak haul 600 round trips per day).
• All truck traffic generated by the project shall utilize TH 97, TH 95, CR 15
(Manning Avenue), CR 91 (Lofton Avenue), and the existing haul route befinreen
Lofton Avenue and the Scandia Mine. No truck traffic shall be permitted on local
streets. Trucks shall not back onto roadways.
• All Project truck traffic shall use the controlled intersection at Manning and TH 97
when making left turns onto TH 97, and shall not make left turns at the Lofton/TH
97 intersection.
• The applicant shall install truck warning signs that comply with the Minnesota
Manual on Uniform Traffic Control Devices (MMUTCD)on State Scenic Byway
TH 95 to advise drivers of trucks crossing TH 97 in and out of the Zavoral Site;
on TH 97 at County Road 91 to advise drivers of trucks turning onto TH 97, and
on County 91 at 223`d Street.
• The applicant shall provide parking for all employees and visitors within the site.
Circulation and parking shall minimize internal and external traffic conflicts.
• If the applicant has knowledge of a crash or traffic violation 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.
The EIS suggested that the City confer with Mn/DOT to determine whether warning
flashers should be installed on State Scenic Byway TH 95 to advise drivers of trucks
crossing TH 97 in addition to the draft conditions, above. The Planner consulted with
Mn/DOT staff on this issue. Mn/DOT staff indicated that the agency is opposed to the
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installation of warning flashers. Agency staff indicated that site distances are good in
both directions at the intersection, and it is already a controlled intersection. Based on
experience, Mn/DOT staff believe that the warning flashers are not needed and would
not be effective at this location.
b. Environmental Impacts—Hazardous Materia/s, Air, Noise, Dust
Item 3.3 (4) (A) of the Development Code states that"the standards of the Minnesota
Pollution Control Agency for noise, air and water pollution shall be the standards applied
in those areas." The EIS evaluated the potential impacts of the Zavoral Mine Project in
relationship to the MPCA standards for environmental hazards, waste, noise and dust.
The EIS utilized U.S. EPA standards for air emissions and dust, which have been
adopted by the State of Minnesota as the State standard.
The ordinance indicates that"hazardous materials and nuisances" include the following
four items:
1) Hazardous materials include bulk storage of over 2,000 gallons of oil,
gasoline, diese/fuel, liquid fertilizer, chemicals and similar liquids. Tiller's
application indicates that no hazardous wastes will be stored at the site.
Tiller anticipates that diesel fuel would primarily be brought onto the site by a
bulk delivery truck that would directly fuel the operating equipment. At this
time, storage of fuel on site is not expected. If storage is necessary in the
future, Tiller would utilize a single 1,000-gallon mobile tank, and comply with
state, county and city regulations. The tank would be located within the
active mining or reclamation area.
2) Explosives. Tiller's application indicates that Project will not include any
blasting or use of explosives.
3) Radiation and e/ectrical interference. Not included in the application.
4) Nuisances—noise, odors, vibration, smoke air pollution, liquid and solid
wastes, heat, g/are, dust or other similar adverse nuisances. The EIS
included detailed analysis related to each of the nuisance factors and the
potential for impacts that may be generated by the project (Items 4.12, 4.14,
and 4.15). Each of these analyses concluded that the Project would not
exceed the MPCA and EPA standards or result in significant impacts if the
City required the applicant to implement the mitigation measures that are
specified in the EIS.
The applicant is proposing the use of portable lighting fixtures that could be
used during operating hours only. A condition is included to require that
lighting meet the City's requirements.
Based on the EIS analvsis, mitiqation recommendations and recommendations of Citv
consultants for qround water and dust/air pollution issues. the Planner recommends
conditions 12 #24-26, 26, and 54-60 in the draft Resolution (listed previouslv in this
report) and condition #82, below so that the Proiect meets the environmental
reQuirements of the Development Code:
• All lighting on the site shall be hooded or controlled and meet the requirements of
the City's Development Code. Lighting shall be limited to the hours of mine
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operation. Lighting shall be arranged to deflect light away from any adjoining
residential property or from public streets.
c. Surface and Groundwater
Refer to Items 5.6, 5.7, and 5.9 under Item B.4. Ordinance 103 Provisions in this staff
report.
d. Economic impacts
Item 4.3 in the EIS analyses the potential economic impacts of the Project. The analysis
concluded the following:
• The Project is likely to create 10 to 25 jobs. The positions may be transferred
from other Tiller sites, and may not be new jobs.
• There will be no discernible impact to local tourism.
• The project will generate aggregate tax revenues and local property tax
revenues, which will have the effect of slightly reducing the tax burden of all other
properties within the area.
• The project may impact the property values of properties within '/4 mile of the
Project, and could reduce the values of those properties by 2-5% (this item is
discussed under Criteria #3)
The Metropolitan Council has recognized aggregate resources as an important natural
resource in the Metropolitan Area. The Council requires communities to identify
aggregate resources within their local boundaries, and to plan for the extraction of
aggregate prior to urbanization. The proposed Project contributes to the regional goal
and general public welfare by extracting aggregate resources prior to urban
development for use in public roadway projects, public and private construction projects,
and other uses that benefit the general public.
In summary, the proposed project will contribute to regional goals and the general public
welfare by extracting aggregate resources for use prior to urbanization for a variety of
vital public purposes and private projects. It will provide a relatively small number of jobs
and will contribute to local tax revenues. It may have a negative impact on the values of
some homes near the Project site. It has the potential to impact some measures of
public health and safety, and will have some impacts on residents who live near the
Project site. However, the EIS found that if the mitigation recommendations in the EIS
are implemented, the impacts will not be significant. In considerinQ this criteria as a
whole the Planner finds that if the recommended conditions and mitiqation are
implemented the Proiect will promote and enhance the Qeneral qublic welfare, and the
mitiqation strateqies included in the conditions will manaae the potential impacts so that
thev are not siqnificant.
3. The conditiona/use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property va/ues or scenic views.
This criteria includes three issues:
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a. Use and enjoyment of property
Adjacent properties include agricultural, residential and open space uses. Objective
criteria in the ordinance that address the potential impacts to the use and enjoyment of
these properties are addressed under several previous items in this review, including the
analysis for Criteria #2 above that discusses the potential impacts from traffic and
nuisances such as noise, odors, vibration, smoke air pollution, liquid and solid wastes,
heat, glare, dust. The EIS identified the potential impacts that the project could have for
each of those factors, but the analysis concluded that the impacts are not significant.
b. Property va/ues
The EIS included analyses of potential impacts to property values and scenic views.
The EIS analysis of potential impacts to property values notes that a large number of
factors contribute to the valuation of any property, and that the actual sales data
collected for the EIS analvsis from residential areas near minin4 proiects in other
communities in Minnesota failed to find a recoanizable impact of the mininQ proiects on
the value of surroundina homes.
The analysis noted that since the site has not been operated for many years, it is
effectively a "new" mine in an area where property values have recently declined. Due
to these factors, the analysis included a professional opinion that the introduction of a
perceived negative factor may have a stronger impact than in some other markets. The
analysis suggested that the potential impacts, if any, would be limited to properties within
'/ mile of the Project site, based on the impact factors analyzed in the EIS. Within that
area, a potential property value reduction of up to 2% may occur for properties between
the bluff and St. Croix River and on the southern size of the site. The analysis identified
a potential property value reduction of up to 5% for the Westphal ownership area. The
EIS notes that the potential impacts could be realized if owners attempt to sell properties
within this area while the mine is in operation, and impacts would diminish as
reclamation occurs.
The City's Development Code does not define "substantial diminishment or impairment
of property values." The Council should consider how this criteria has been considered
in the review of conditional use permits, including the existing mining projects, in
Scandia.
The Planner researched issues related to interpreting the term "substantial diminishment
or impairment of property values" as applied in other conditional use permit applications
in Minnesota, including aggregate mining CUPs, and how courts have interpreted the
general criteria related to "reduction in property value" in similar cases. Based on this
review, the Planner has identified the following:
• Potential loss of property value has not usually been a determining factor in
denying conditional use permits for aggregate mines or other uses.
• This factor requires real, objective evidence that a reduction in property values
has actually occurred in areas near similar mining projects, and there is objective
data to suggest that a substantial reduction in values is likely as a result of the
project.
• The cases do not provide an accepted definition of"substantial."
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• The City should determine whether additional conditions that would protect
properties from impacts, such as berming, screening, etc., could be included in
the conditions to address this issue.
The Planner's draft conditions include the mitiqation measures recommended in the EIS
to avoid or minimize the impacts of the Proiect on proqerties around the Proiect. The
conditions include mitigation measures that have the potential to minimize potential
declines in property values, including:
• Construction of berms and leaving existing mature vegetation in place around the
boundaries of the mine site
• Limitations on hours and days of operation
• Requirements that the Project comply with state standards related to noise, dust,
light and pollution
The Council mav also consider the proiect alternatives to shorten the duration of the
mine proiect or reduce hours of operation in order to further minimize potential impacts
to propertv values. The Planninq Commission has recommended that the qroiect be
completed consistent with Alternative 3 in the EIS (maximum 3-5 vears of mine
operation), and that the proiect be limited to 39 months from the date the Council
aparoves the CUP.
c. Scenic views
The EIS included an analysis of the potential Project impacts on scenic views (Item
4.16). The analysis concluded that no significant impacts will occur if the mitigation
measures included in the analysis are implemented. Based on the EIS analvsis and
recommended mitiqation measures, the Planner included conditions#54, and 80-82 in
the draft Resolution to address aotential impacts related to scenic views:
• The applicant shall construct the berms and screening identified on the project
plans and reclamation plan.
• The applicant shall maintain existing woodlands and screening outside the
mining area limits.
• The applicant shall establish and maintain a maximum stockpile height of 880
feet above mean sea level. Stockpiles shall not be located on the west side of
the site.
• All lighting on the site shall be hooded or controlled and meet the requirements of
the City's Development code. Lighting shall be limited to the hours of mine
operation. Lighting shall be arranged to deflect light away from any adjoining
residential property or from public streets.
The Planner's evaluation of Criteria #3 indicates that if the recommended mitiqation
measures and conditions are imqlemented, the Proiect will not be iniurious to the use
and eniovment of other propertv in the immediate vicinitv based on the obiective criteria
included in the Development Code. The data included in the EIS indicated that
reductions in qropertv values have not occurred on residential properties near similar
mine sites in Minnesota, and therefore available empirical data indicates that the qroiect
is not likelv to have substantial impacts to local propertv values; and if the apqlicant
implements the reauired mitiqation measures and conditions the proiect will not have
imqacts to scenic views.
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4. The establishment of the conditiona/use will not impede the normal and orderly
deve/opment and improvement of surrounding property for uses permitted in the disfrict.
The areas surrounding the Zavoral Project site are occupied by rural residential, agricultural and
open space uses, and some vacant properties. Permitted uses in the area include residential,
agricultural anc! open space uses, so the existing uses are those that are likely to continue for
the long-term.
Objective criteria for evaluating the projecYs potential to impede the normal and orderly
development and improvement of surrounding property for the uses permitted in the Zoning
District are the same as those evaluated for Criteria #2 and #3 above:
• Traffic and congestion -- congestion or lack of roadway capacity may impede additional
development
• The project creates hazards or nuisances such as noise, dust, or views that discourage
the development or improvement of surrounding property.
Items 2 and 3 above discuss the potential for traffic, hazards and nuisances to impact
surrounding properties and impede development, based on the standards included in the City's
Development Code and the EIS. The EIS analysis concluded that:
• TH 97 and 95 and County roadways designated to carry traffic from the Project have
sufficient capacity to handle the traffic and avoid negative impacts to other roadway
users. If the mitigation strategies recommended in the EIS are implemented, the traffic
that will be generated by the Project will not create significant congestion on the
roadways.
• The project will not create hazards or nuisances that exceed state standards for noise,
dust, air pollution or other nuisances or negatively impact local views if the mitigation
strategies recommended in the EIS are implemented.
The Planner has included the conditions listed under Items 2 and 3 above in the recommended
conditions to address the potential proiect impacts that could impede the normal and orderlv
development or improvement of surroundinq proaerties.
5. Adequate public facilities and services are availab/e or can be reasonab/y provided to
accommodate the use which is proposed.
Item 4.3.3 in the EIS concluded that the City of Scandia and Washington County would be
capable of providing public and emergency services for the Project under their existing
organization. The City will need to utilize its staff and consultant resources to monitor the
Project for compliance with permit requirements and the conditions that would be included in the
Conditional Use Permit.
The Project will use public roadway facilities. Mn/DOT concluded that the state roadways have
the capacity to handle the Project traffic. Washington County did not identify problems with
roadway capacity or impacts in its comments on the Draft EIS. No public sewer, water or other
infrastructure is needed to serve the Zavoral Mine Project.
Item 4.13 in the EIS analyzed the impacts of potential traffic that could be generated by the
Project under each of the EIS alternatives. The anafysis concluded that the existing roadway
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network has sufficient capacity to handle the daily traffic volumes that would occur, including
peak hour truck volumes. Periods of congestion may be experienced during peak weekend
travel times or on holiday weekends with or without the Project traffic.
The potential conditions listed under the analysis for Item 3.1 (6)Traffic Control and the
conditions that require that the applicant pav all costs related to citv and consultant monitorinq
of the qroiect and implementation of the mitiaation plan are included in the recommended
conditions to address the criteria that adeauate public facilities and services be available to the
Proiect•
6. The conditiona/use shall conform to the applicable regu/ations of the district in which it is
located and all other applicab/e standards of this Chapter.
Aggregate mining is a permitted use in the Agriculture District designated in the 2020
Comprehensive Plan and Zoning Map. The lot and setback requirements for mining operations
are included in Ordinance No. 103, Section 3. The requirements include the following:
• The property must be at least 40 contiguous acres in size.
• The standards for approval of a conditional use permit in Chapter One, Section 7 of the
Development Code must be met
• The operation is consistent with the Scandia Comprehensive Plan
• The provisions of Ordinance No. 103 must be met.
A previous section analvzed the consistencv of the qroposed proiect with the reauirements of
Ordinance No. 103. Based on the analvsis included in items 1-7 in this section, and the
analvsis of the proiect in relationshiq to the reauirements of Ordinance No. 103, the proposed
use conforms to the apqlicable requlations of the Aariculture District and applicable standards of
the Development Code.
7. The conditiona/use complies with the genera/and specific performance standards as
specified by this Section and this chapter.
Items 1 through 6 above analyze the Project and its compliance with the general performance
standards specified in Chapter One, Section 8 (Conditional Uses). The Project's compliance
with the performance standards in Chapter One is discussed under Section B that follows. A
previous section analyzed the Project compliance with the Performance Standards in Ordinance
103.
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B. Evaluation of Performance Standards—Item 8.5 of Chapter 1
Chapter 1, Section 8.5 of the Development Code includes the following performances standards
(italics). The Planner's evaluation of the project in relation to each of the standards follows the
standard:
1. The use and site in question shall be capab/e of supporting the wastewater disposal
needs of the proposed use, and shall meet all applicab/e standards and regu/ations
necessary to protect public health and to protect surface and ground waters. The
applicant is proposing to use portable sanitary facilities to serve employees at the site.
The Planner has included proposed condition #64 as follows: The apqlicant shall
provide and maintain portable sanitarv facilities to serve the site and shall meet all
applicable standards and reQulations for wastewater disaosal.
2. Adequate parking shall be provided and the site design for access, circulation, parking
and loading areas shall minimize internal and externa/traffic conflicts. The Planner has
included proposed condition #41 as follows: The applicant shall provide parkina for all
emplovees and visitors within the site. Circulation and parkinq shall minimize internal
and external traffic conflicts.
3. An adequate pedestrian circu/ation system shall be c/ear/y defined and appropriate
provisions made to protect such areas from encroachment by parked or moving
vehicles. The EIS discussed the potential impacts of the mine operation on bicycle and
pedestrian facilities near the Project. It noted that the City's Trail Plan includes a trail
along TH 95 that will be impacted by the Project, and a potential trail on TH 97. The
Planner has included conditions#67 and 68 in the draft resolution related to the trail
facilities:
• The applicant shall fund improvements to the existing pedestrian/bicycle trail
along State Scenic Byway TH 95 in the mine area and maintain connections to
existing trails. The improvements shall include trail signage that alerts users to
trucks entering and leaving the Zavoral site.
• If the proposed trail on TH 97 is developed while the Zavoral Mine is operational,
the applicant shall fund signage for the trail crossing on TH 95.
4. Al!landscaping, screening, wood/and and tree preservation requirements shal/be met.
Previous sections discuss the proposed landscaping and screening. Mining projects are
required to meet the landscaping and screening requirements of Ordinance 103, and are
not required to meet the landscaping, woodland and tree presenration standards in
Chapter 2 of the Development Code. The Planner has included proposed conditions
#67-69 and #88 in the draft Resolution, requiring that the applicant imqlement the
Reclamation Plan and fund the monitorina of reclamation activities.
5. All exterior lighting shall be so directed so as not to cast g/are toward or onto the public
right-of-way or neighboring property and be in compliance with all city lighting
requirements. The Planner has included condition #82 that the applicant shall meet the
reauirements of the Citv's liahtina ordinance.
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6. Potentia/exterior noise generated by the use shall be identified and mitigation measures
as may be necessary shall be provided to insure compliance with the City's noise
ordinance. This issue was discussed in previous sections of this report. The Planner
has included condition #56 that the proiect shall meet the noise standards included in
the ordinance.
7. The site drainage system shall meet all applicab/e standards for management of water
quantity and water quality. The Planner has included qroposed condition#16 that the
Proiect shall obtain the required stormwater manaqement permits from the MPCA and
CMSCWD.
8. The architectura/appearance and functional design of non-residentia/buildings and sites
shall be in harmony with the Scandia Architectura/Design Guidelines and with the
character of the surrounding buildings and sites. No buildings are proposed and the City
has no Design Guidelines that apply to mining projects.
9. All signs and informationa/or visual communication devices shall be in compliance with
applicable regulations. No signage is currently proposed. The Planner has included
condition #83 as follows: "The applicant shalll obtain the reauired sian permits for all
sians proposed at the site."
10. The use and site shall be in compliance with any federal or state/aws or regu/ations
which are applicable and any other required permits are obtained and documented to
fhe City. The Planner has included conditions reQardinq comqliance with applicable
federal and state laws and reauired permits.
11.Any applicab/e business/icenses that may be mandated by City ordinance are approved
an obfained. No license is reQuired for this business.
12. The hours of operation may be restricted when there is potential negative impact upon
the surrounding area or neighboring uses. The Planner has included proposed condition
#44 that specifies the hours of oqeration for the Proiect, consistent with the Minin4
Ordinance.
13.Any costs that may be incurred by the city to monitor compliance with the conditions of
the Conditiona/ Use Permit shall be paid by the applicant and/or owner of the property.
The Planner has included proposed conditions#84-88 that the applicant shall pav all
costs that mav be incurred bv the citv to monitor compliance with the conditions of the
Conditional Use Permit.
The Planner concludes that the Proiect meets the performance standards included in
Chapter One of the Development Code and Ordinance No. 103.
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IV. ALTERNATIVE EVALUATION
The EIS evaluated three alternatives and one sub-alternative for Project operation. The
alternatives included the following:
• Alternative 1 –Operation of the mine for five to ten years
• Alternative 2 –The No-Build Alternative
• Alternative 3–Reduced Timeframe, 3.3-5 year operation
• Alternative 3A– Reduced Timeframe, 150-Working Day operation
The applicant is proposing Alternative 1—that the mine be operated for up to ten years. The
City may require a shorter alternative, based on its evaluation of the project and its potential
impacts and the comments and concerns of agencies and the public.
The Executive Summary included in the Final EIS includes tables that summarize the
Alternatives evaluated in the EIS and their potential impacts. The tables are located in item ES2
in the Final EIS, and are labeled Table 2 and Table 3.
Utilizing the information in the technical reports included in the DEIS Appendices, the DEIS
analyzed the environmental impacts of the proposed project(Alternative#1), finro alternatives
and one subalternative. The Council may find this summary helpful in considering the
alternatives.
• The DEIS found that Alternatives #1, #3 and #3A would have similar impacts over the
duration of the mining operation, but that the duration of many impacts would be shorter
under Alternatives#3 and #3A than under Alternative#1.
• Alternatives #3 and #3A may have a reduced potential for major storm events and
potential impacts to water resources than Alternative #1 due to the reduced timeframe.
� Under Alternative#3A, Tiller would not be able to comply with the City's current
restriction on the use of County Road 1 (Lofton Avenue) access at the Scandia Mine
during non-daylight hours.
• Under Alternative#3A, dust emission rates would be higher on a daily and annual basis
than for Alternatives #1 and #3, though emissions would likely not exceed standards or
affect surface waters and other natural resources around the site under Alternative#3A.
• Under Alternative #3A, noise levels are expected to be higher than under Alternatives #1
and #3 due to the larger number of trucks operating at the site, and noise impacts would
extend over 12 hour-working days rather than 10-hour days proposed for Alternatives #1
and #3.
• The Zavoral Site would be reclaimed earlier under Alternatives #3 and #3A than under
Alternative #1.
• The DEIS found that No Build Alternative (Alternative#2)would generally result in no
change from current conditions, and therefore would avoid the impacts identified for
Alternatives #1, #3 and #3A. However, because the EIS concluded that if the proposed
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mitigation strategies were implemented the project would not have significant impacts,
the City may face a legal challenge if it adopts Alternative#2.
The Planning Commission recommended that the conditions specify that Alternative 3, with a
maximum duration of 39 months for mining activities from the date of approval of the CUP, be
approved for the project. Reclamation activities would continue for five years beyond the
completion of mining activities.
The Council should consider Planning Commission recommendations, comments from the
applicant the potential impacts of the alternatives the EIS analvses, and the public testimonv
reaardinq the proiect and recommend one of the alternatives. The Planner recommends that
the proposed qroiect duration be included as an item in the Development AQreement with the
applicant and propertv owner.
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V. OPTIONS FOR THE COUNCIL
The Planning Commission can recommend to the Council to:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
VI. PLANNING STAFF FINDINGS AND RECOMMENDATIONS:
A. Findings
The Planner recommends approval of the Conditional Use Permit for the Zavoral Mine and
Reclamation Project based on the following findings:
• The Project meets the Criteria for approval of a CUP in Mining Ordinance No. 103.
• If the mitigation recommendations included in the EIS and the Planners recommended
conditions are implemented, the project will meet the Provisions and Performance
Standards included in Ordinance No. 103.
• The Reclamation Plan meets the requirements of Ordinance No. 103.
• The conditional use is in compliance with and will not have a negative effect upon the
Comprehensive Plan, including the public facilities plan and capital improvement plan.
• The establishment, maintenance and operation of the conditional use will promote and
enhance the general public welfare and will not be detrimental to or endanger the public
health, safety, morals or comfort if the mitigation recommendations and conditions are
implemented.
• The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted if the mitigation recommendations
and conditions are implemented, and the conditional use will not substantially diminish or
impair property values or scenic views.
• The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district.
• Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
• The conditional use will conform to the applicable regulations of the district in which it is
located, and all other applicable standards of the Development Code if the
recommended mitigation and conditions are implemented.
• The conditional use complies with the general and specific performance standards
included in the Development Code.
Recommended Conditions for the Conditional Use Permit
1. The Conditional Use Permit is granted only for the Project identified in the plans and
application submitted to the City on November 14, 2008, and revised and resubmitted on
October 9, 2012.
2. The applicant shall comply at all time with the City's ordinances and all applicable rules and
regulations of Federal, State, County and local agencies, including the Carnelian-Marine-St.
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Croix Watershed District, and shall maintain existing permits granted by those agencies for
all operations at the site.
3. The maximum depth of mining shall be 840 feet above mean sea level (amsl). The EIS
indicates that the separation befinreen the maximum depth of mining and existing ground
water level shall be 25 feet or more. The City or its consultant shall monitor ground water
levels as specified in the AOP, and if the separation befinreen the maximum depth of mining
and ground water level is less than 25 feet, the consultant shall report this information to the
City Council. The City shall report ground water levels on the site on a quarterly basis to the
Minnesota Department of Natural Resources.
4. No mining for silica sand ("frac sand mining") shall be permitted during this Project.
5. No dewatering shall be permitted.
6. Daily pumping from the Zavoral Site Well shall not exceed 10,000 gallons at a maximum
pumping rate of 1,200 gallons per minute. Annual pumping shall not exceed 1 million
gallons.
7. The applicant shall keep records of when the Zavoral Site Well is pumped, and provide the
records to the City, WCD, Washington County Department of Public Health and Minnesota
Department of Natural Resources for groundwater monitoring activities. The records shall
document both the daily use and total annual pumped volume from the Zavoral Site Well.
8. The applicant shall revise the Groundwater Quality Protection Plan (GWPP) (October 2012)
to address the corrections and issues identified in the Leggette, Brashears, and Graham Inc.
(LBG) letter to the City dated November 15, 2012. The applicant shall revise the locations
of the proposed borings and monitoring wells as requested by LBG.
9. The applicant shall install groundwater observation wells or piezometers on the mine site in
locations approved by the City. The applicant shall coordinate the number and locations of
the observation wells and/or piezometers and frequency of monitoring in consultation with
the City and its consultants.
10. The City's consulting hydrogeologist shall make scheduled site visits to download
groundwater monitoring data and collect manual measurements. The hydrogeologist shall
evaluate the data and report the results to the City at least annually with the AOP
application, or more frequently if the consultant identifies issues or problems during the
monitoring activity.
11. The City shall review and evaluate the GWPP on an annual basis or more frequently if a
significant change in the groundwater conditions occurs. The applicant shall modify the
GWPP as needed to address identified concerns.
12. If diesel fuel is stored at the site, the applicant shall sample and analyze groundwater for
diesel range organics. If gasoline is stored at the site, gasoline range organics and benzene
shall be added to the analyte list.
13. The applicant shall meet Federal, State and City requirements for storage of fuels on the
site.
14. Equipment fueling for the Project shall be conducted in a designated area over a hard-
surfaced fueling pad.
15. The applicant shall provide spill cleanup equipment on-site.
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16. The applicant shall obtain the required agency permits for stormwater management, and
provide to the City copies of the permits approved by the Carnelian-Marine-St. Croix
Watershed District(CMSCWD) and the Minnesota Pollution Control Agency.
17. The applicant shall implement the Best Management Practices (BMP's) included in the
Storm Water Pollution Prevention Plan (SWPPP) (July, 24, 2012), SurFace Water Plan
(October 2012), and CMSCWD permit to protect surface waters and manage erosion and
sedimentation.
18. The applicant shall obtain the required Air Emissions Permit from the Minnesota Pollution
Control Agency, and provide a copy of the approved permit to the City.
19. The applicant shall obtain an Endangered Species Take Permit before removing any
Butternut(Juglans cinerea)trees identified on the site, if the Minnesota Department of
Natural Resources (DNR) reclassified Butternut trees from a Special Concern to
Endangered species.
20. The applicant shall comply with the "Summary of Recommendations for Avoiding and
Minimizing Impacts to Blanding's Turtles Populations" included in Appendix C of the Zavoral
Mine and Reclamation Project EIS. Tiller Corporation shall provide the City or its consultant
with its Blanding's Turtle Standard Operating Procedures guidelines for review and
comment. The City or its consultant will conduct annual site visits to verify compliance.
21. The applicant will inspect all trees for raptor nests prior to tree clearing. Trees with active
nests may not be cleared while the nest is actively used.
22. The applicant shall construct the proposed berm on the south end of the Site as close to the
mining and reclamation limits as possible to reduce off-site peak flow rates.
23. The applicant shall minimize the amount of unnecessary equipment on the Site and reduce
soil tracking by off-site by vehicles.
24. The applicant shall monitor all on-site construction equipment for leaks and complete regular
preventive equipment maintenance. Fueling and maintenance of vehicles shall occur within
the area of active mining and no "topping off' of vehicle fuel tanks shall be allowed.
25. Any above-ground storage tank (AST)at the Site shall be located more than 500 feet from
surface waters.
26. The applicant shall notify the Minnesota Pollution Control Agency of all AST's within 30 days
of installation by submitting an AST Notification Form.
27. The City or its consultant shall monitor the potential impacts of mining activities on the water
resources at the site. The monitoring locations, protocols, and methodology shall be
specified in the AOP. The City shall submit all status reports and ground and surface water
monitoring reports to the CMSCWD and the Minnesota DNR.
28. The City or its consultant shall monitor the WCD monitoring point installed for the EIS pump
test that gathers baseline data in Zavoral Creek for the lifetime of the project. Monitoring
shall include water quality and quantity parameters.
29. The City or its consultant shall install a monitoring station upstream of or near Crystal
Springs in order to isolate potential effects due to mining from other effects to due unrelated
activities within the watershed. 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
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impacts. The results of the analysis shall be provided at least annually to the City for use
during the review of the AOP for the Project.
30. The City or its consultant shall complete an annual field review of the wetland boundaries of
wetlands within the project area, including black ash seepage swamps (Wetlands A, B, and
C as shown in the CCES wetland delineation report dated January 14, 2011), to determine if
the mining activities have any impact on the wetlands. The review shall occur within the
growing season as defined by the U.S. Army Corps of Engineers Wetland Delineation
Manual (North Central and Northeast Regional Supplement), and shall be coordinated with
the applicant and when active mining operations are occurring.
31. The applicant shall obtain the required Minnesota Department of Transportation (Mn/DOT)
Access permit (TP 1721)for the Project.
32. The applicant shall construct the new driveway access directly across from TH 97 as
required by Mn/DOT for safe access.
33. The applicant shall construct a new north-bound right-turn lane as required by Mn/DOT
(letter to the City of Scandia, January 22, 2009). The design of the right-turn lane shall be
consistent with the design of the existing left-turn lane.
34. The City or its consultant shall complete traffic monitoring of the Project. The traffic
monitoring protocol and requirements shall be identified in the AOP.
35. The City shall request that Mn/DOT complete speed studies in the following locations: 1) on
TH 95 north and south of TH 97; on TH 97 near the Scandia Elementary School; and on TH
97 near the intersection with County Road 91 (Lofton Avenue).
36. 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 add-rock to the
Scandia Mine to the City quarterly to ensure that additional truck traffic would 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.
37. Traffic generated by the Project shall not exceed the maximum levels analyzed in the EIS
for Alternatives 3 (average 334 to 400 round trips per working day; 600 peak round trips per
day.)
38.All truck traffic generated by the project shall utilize TH 97, TH 95, CR 15 (Manning Avenue),
CR 1 (Lofton Avenue) and the existing haul route befinreen Lofton Avenue and the Scandia
Mine. No truck traffic shall be permitted on other local streets. Trucks shall not back onto
roadways.
39. All Project truck traffic shall use the controlled intersection at Manning and TH 97 when
making left turns onto TH 97, and shall not make left turns at the Lofton/TH 97 intersection.
40. The applicant shall install truck warning signs that comply with the Minnesota Manual on
Uniform Traffic Control Devices (MMUTCD) on State Scenic Byway TH 95 to advise drivers
of trucks crossing TH 97 in and out of the Zavoral Site; on TH 97 at County Road 91 to
advise drivers of trucks turning onto TH 97; and on County 91 at 223�d Street.
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41. The applicant shall provide parking for all employees and visitors within the site. Circulation
and parking shall minimize internal and external traffic conflicts.
42. If the applicant has knowledge of 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.
43. The applicant shall construct the fence included in the Project plans prior to beginning
mining operations, and shall maintain the fence until reclamation is complete.
44. The hours of operation and hauling shall be conducted only between 7 a.m. and 7 p.m.,
Monday through Friday, excluding Federal holidays, 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., unless the City authorizes other hours or days of operation.
45. The applicant shall coordinate any proposed berm removals associated with Project
completion with the City.
46. The applicant shall implement the Dust Control Plan (dated 10/8/12 and updated by 3/1/13),
including all activities proposed during stripping, grading and active mining operations.
47. The applicant shall utilize non-chloride agriculturally derived organic polymers or naturally-
occurring polymers on internal haul roads to control dust. The applicant shall review the
coverage of the material on a regular basis, and reapply the polymers if they are no longer
effective.
48. The applicant shall water unpaved haul roads on the site, including milled portions, at least
twice daily, unless recent precipitation is keeping these roads wet; and more frequently as
needed during hot, dry conditions.
49. The applicant shall wash hauling and loading equipment on a regular basis.
50. 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.
51. The applicant shall perform employee exposure monitoring or similar on-site testing at the
site at least once per season and submit the results of the testing (with employee personal
information redacted)to the City for review. Monitoring shall be specific for respirable dust
and respirable silica, shall include mining, loading and hauling personnel and shall represent
worst-case exposure conditions.
52. The City and its consultants shall perform periodic on-site review and monitoring of dust
control activities to assure compliance with this permit. The monitoring locations, protocols
and methodology shall be specified in the AOP.
53. 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.
54. The applicant shall implement the berms and screens proposed in the site plan.
55. Trucks shall not idle on the site and approach area for more than 30 minutes.
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56. The project shall comply with the City's adopted noise standards. The City and its
consultant shall complete noise monitoring at the Project site. The monitoring locations,
protocols and methodology shall be specified in the AOP.
57. If the noise levels at the Project exceed State Standards for any of the testing, the applicant
will identify and take corrective actions to bring the noise levels into compliance. The City
may order additional testing to confirm that the Project is in compliance.
58. The applicant shall require that all Tiller-owned equipment on the site use broadband alarms
and haul trucks shall utilize a circular traffic pattern or other traffic pattern to the e�ent
feasible that minimizes the need for haul trucks to back up on the site.
59. The applicant shall ensure that on-site Tiller-owned equipment is properly muffled and shall
inspect mufflers on the on-site equipment on at least a weekly basis and document
inspections.
60. The applicant shall ensure that the mining plan will minimize any time when the noise from
the on-site equipment and haul trucks are operating without noise mitigation from berms
and/or the mine face.
61. The applicant shall complete the clearing of previously-unmined areas during the winter to
minimize noise impacts.
62. The applicant shall recycle debris created by clearing, grubbing and excavation, or dispose
of stumps, trees and debris in another manner approved by the City.
63. The applicant shall maintain the mine site and equipment in an orderly condition. Weeds
shall be controlled in planted and reclaimed areas. Existing trees, berms and topsoil along
existing public rights-of-way shall be preserved, maintained and supplemented as proposed
in the Site Plan and Reclamation Plan.
64. The applicant shall provide and maintain portable sanitary facilities to serve the site and
shall meet all applicable standards and regulations for wastewater disposal.
65. The applicant shall dispose of any waste generated from the mining operation, including
waste from vehicles or equipment maintenance, in accordance with Federal, State and City
requirements.
66. The applicant shall meet Federal, State and Local requirements for storage of fuels on the
site.
67. The applicant shall fund improvements to the existing pedestrian/bicycle trail along State
Scenic Byway Trunk Highway 95 in the mine area, and maintain connections to existing
trails.
68. If the proposed trail on TH 97 is developed while the Zavoral Mine is operational, the
applicant shall fund signage for the trail crossing on TH 95.
69. Within 60 days of the approval of the CUP, the applicant shall prepare and provide to the
City an updated reclamation plan (revising the Reclamation Plan dated October 9, 2012),
which includes perFormance standards identified in the conditions that follow for approval by
the City. Reclamation on the site shall be implemented in accordance with the updated
reclamation plan.
70. Reclamation shall proceed concurrently and proportionally to mining operations. Progress
on reclamation shall be demonstrated in each AOP application.
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71. The applicant shall use clean, non-contaminated fill material and topsoil for all reclamation.
The applicant shall use sandy subsoil available at the site with added organic soil
amendments for reclamation topsoil. The applicant shall successfully establish permanent
native vegetation in reclaimed areas as per the schedule, extents and methods as provided
in the Zavoral Reclamation Plan and Zavoral Reclamation Plan Topsoil and Prairie
Establishment Memorandum (October 3, 2011) by CCES.
72. Reclamation success shall be defined as follows:
• 90% areal coverage of vegetation for each reclaimed area, within 3 years post seed
installation;
• Non-native and invasive plant species (as defined and listed by the Minnesota DNR) and
potentially-aggressive native plant species (Rhus spp. And Juniperus virginiana) shall
account for no more than 20% cover of the reclaimed areas at the end of the 5th growing
season, post seed installation;
• The reclaimed areas shall contain at least 50% of the species for both grasses and forbs
contained in the specified seed mixes at the end of the 5th growing season, post seed
installation;
73. Vegetation establishment and monitoring shall continue for a period of 5 years after
completion of the Zavoral Mine Project, in its entirety.
74. The City shall monitor the transplantation of trees to ensure a survival rate of at least 80%
for all transplanted trees. The Applicant shall provide the City with the quantity, location,
species and proposed maintenance plan for all trees transplanted as part of the reclamation.
Survival rates of less than 80% will require replacement of the dead trees by the applicant.
Replacement tree species will be selected in consultation with the City and its consultant
and approved by the City.
75. The applicant shall submit annual reclamation monitoring reports to the city, on or before
November 1, that describe the reclamation activities that occurred in the specified year, and
the status of all reclaimed areas. The applicant shall provide detailed information such as
percent coverage of vegetation, species composition, etc., pertaining to compliance with the
performance standards, as provided above. If the reclaimed areas do not meet the
performance standards, the applicant shall include corrective action plans in the reclamation
monitoring report.
76. If the City determines that a reclaimed area has not met the vegetative performance
standards listed above, the city shall order corrective action(s) including, but not limited to,
reseeding, over-seeding, spot seeding, or other actions so that the reclamation meets the
criteria for success. The specific corrective actions may be dependent on site conditions.
The city will determine the appropriate actions in consultation with its consultants, the
applicant, and other experts, as necessary.
77. The City and its consultants shall complete monitoring of reclamation activities on the site on
behalf of the City. Monitoring locations, protocols and methodologies shall be specified in
the AOP.
78. Final reclamation shall include removal of any equipment and backfilling and seeding the
operations area.
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79. Approval of the reclamation plan shall not constitute an approval by the City of Scandia of
an ultimate use for the site. Ultimate use shall be determined based on the Scandia
Comprehensive Plan and ordinances in effect at the time the mining is complete and
applications for development of the site may be submitted.
80. The applicant shall maintain existing woodlands and screening outside the mine area limits.
81. The applicant shall establish a maximum stockpile height of 880 feet above mean sea level.
Stockpiles shall not be located on the west side of the site.
82. All lighting on the site shall be hooded or controlled and meet the requirements of the City's
Development code. Lighting shall be limited to the hours of mine operation. Lighting shall
be arranged to deflect light away from any adjoining residential property or from public
streets.
83. The applicant shall obtain the required sign permits for all signs proposed at the site.
84. The applicant shall pay all costs associated with site monitoring activities identified in this
permit and the AOP including, but not limited to monitoring of traffic, air quality, noise,
ground water and surface water, and the reclamation plan, and the costs of equipment,
installation, site visits, data collection, data analysis, reporting, maintaining compliance and
all other costs associated with all of the monitoring activities identified in these conditions.
85. The applicant shall cooperate with the City and provide access to the site as needed to
conduct the monitoring activities required by this permit.
86. The applicant shall provide a final, corrected copy of the Application materials and plan
sheets to the City within 60 days of approval of the CUP.
87. The applicant and owner shall enter into a Developer Agreement with the City. The
developer agreement shall specify that the project will be implemented to comply with
Alternative #3 in the EIS. The Agreement shall specify that all Project activities shall be
completed within 39 months from the date of approval of the CUP, including site
preparation, clearing, aggregate mining and transporting of mined materials. Reclamation
activities and monitoring shall continue for five years after completion of the mining activities,
as specified in this permit.
88. The Agreement shall include a financial guarantee acceptable to the City to assure
compliance with the reclamation plan, and provide for an escrow that the City will use to pay
for City staff and consultant monitoring and reporting activities.
89. The applicant must apply for and obtain an Annual Operating Permit from the City.
90. The applicant shall, within 60 days of the date of this resolution, provide to the City an
Irrevocable Letter of Credit or other security satisfactory to the City in the amount of
$ to guarantee the completion of the reclamation plan and the performance of its
obligations set forth by this permit. The City may require the amount of this security to be
adjusted in future years based on inflationary increases in construction and monitoring
costs, or upon re-evaluation of the needs for reclamation, as a condition of approval of an
Annual Operating Permit. Future reductions in this security shall be made as provided by
the ordinance. The City may allow reductions in portions of the Letter of Credit or other
security for completed and approved reclamation on a five-year basis.
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91. The applicant shall pay all fees and escrows related to this application.
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Adopted by the Scandia City Council this 19th day of February, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
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Potential Conditions for the AOP—REVISED FOR 1.15.13 DISCUSSION
Water Qualitv monitorinq
• If a change to the boundaries of the wetlands within the project area is observed that
cannot be attributed to climatic influences or other local disturbances not related to
mining, the City shall require that quantitative monitoring (including but not limited to, the
installation of shallow monitoring wells and piezometers) be initiated for all wetlands
within the project area. This monitoring could include the installation of wetland
hydrology monitoring equipment along multiple transects across each wetland boundary.
The City may conduct this comprehensive monitoring to verify whether the Zavoral Mine
is causing the changes to the wetlands. If the City determines that the Zavoral Mine is
impacting the wetlands, the quantitative data will be used by the City in consultation with
the Technical Evaluation Panel to prepare a Restoration Order and calculate the
required replacement for unpermitted wetland impacts.
• The WCD shall complete twice annual macro-invertebrate monitoring on Zavoral Creek
and provide this information to the CMSCWD.
• The applicant shall provide the wetland delineation boundary data to the City or its
consultant in a Geographic Information System format(such as an ArcGIS shapefile)
that was obtained as part of the wetland delineation conducted by Critical Connections
Ecological Services (CCES) in October, 2010.
Dust Control/Air Qualitv
• The applicant shall perform employee exposure monitoring on this site at least once per
season and submit the results (with employee personal information redacted)to the City
for review with the AOP application submittal. The monitoring shall be specific for
respirable dust and respirable silica, shall include mining, loading and hauling personnel,
and shall represent worst-case exposure conditions.
• The applicant shall limit vehicle idling times for the site and approach area to no more
than 30 minutes.
• The City 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.
• 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-142J);
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.
• The City and its consultant shall analyze and compare the air monitoring results to
current State and Federal Ambient Air Quality Standards, ACHIG TLV or OSHA PELS or
current applicable standards.
1 `
Zavoral Mine and Reclamation Project
Scandia City Council Page 50 January15, 2013
• 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
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.
Noise
• 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 during operations in the morning and one hour of monitoring
during operations in the afternoon annually.
• Noise monitoring shall include at least one hour of monitoring at a representative
location along the Scenic Riverway annually during mining operations.
• A noise monitoring event will be conducted within three weeks of the beginning of each
mining phase, weather permitting, and once per operating month thereafter. Monitoring
shall be conducted in accord with Minnesota Rules.
• The City shall notify residents of monitoring periods and request access to properties as
necessary to conduct monitoring activities.
• 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.
Reclamation Plan
• The applicant shall submit to the City monthly reclamation activity progress reports
during the growing season for the first finro years post-seed installation of reach
monitoring area in addition to the annual monitoring reports.
• The WCD shall inspect the Project site on an as-needed basis, as requested by the City,
to ensure compliance with the reclamation-related conditions of the CUP and the Zavoral
Reclamation Plan. The applicant shall pay the costs to review the reclamation plan and
conduct site visits.
• The WCD shall monitor the transplanted trees. The applicant shall achieve a survival
rate of at least 80% for all transplanted trees. The applicant shall provide the city with
the quantity, location, species, and proposed maintenance plan for all trees transplanted
as part of the Reclamation Plan. The applicant shall replace trees as needed to achieve
the 80% survival rate. The City and WCD shall approve the selection of replacement
tree species.
7
Zavoral Mine and Reclamation Project
Scandia City Council Page 51 January15, 2013
Traffic
• The City's 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 wil
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.
• The City shall review the crash records for the roadways in the area that will be used for
truck-hauling to identify areas every six months, to identify safety issues. The City shall
contact Mn/DOT to discuss safety issues if identified.
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