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7.a)1) TKDA Memo-Zavoral Mine CUP 444 Cedar 5treet,Suite t500 � ; ' Soint Paul,MN 55101 +. -.. 651.292_4400 � -.. -,, tkda.com TKDA Memorandum To: Kristina Handt, City Reference: Zavoral Mine CUP Administrato�, Scandia Copies To: Mike Caron, Tiller Corporation � Tom Miller,.�ity Attamey Praject No.: 14305.001 From: Sherri Buss, City Planner Routing: Date: November 20, 2012 The City requested that several technical experts provide detailed monitoring protocols that may be utilized if the Zavoral Mine and Reclamation Project CUP is approved. The proposed monitoring implements the recommended monitoring activities and mitigation proposed in the EIS, and will help the City to monitar project activity to determine if the project impacts are within the levels projected in the EIS analysis. The City would contract with each of the technical experts to complete the monitoring activities and report the results of monitoring to the City. The proposed conditions for the mine operation also include some monitoring and reporting by Tiller Corporation, but the City believes that most of the monitoring needs to be completed by contractors reporting directly to the City. The subcontractor proposals, including proposed monitoring activities and cost estimates for the first year of monintoring, are attached. The total proposed cost for monitoring (inc[uding equipment and staff costs) includes the following: Groundwater resources and impacts (LBG) $41,331. Surface waters, wetlands, rare species and Reclamation (WCD) 42,639. Air quality (Indoor Environment Group) 6,595. Noise (SBP Associates) 3,�g�• Traffic(Ficek, TKDA) 2.�5�� City Planner(site visits, coordination of subconsultants and report compilation for annual A�P-16 hrs.) 1888. T(�TAI. $ 98,903. M employee owned company promoting aHlrmative ocUon ond equal opportunity LEGGETTE,BRASHEARS & GRAHAM, INC. PROFESSIONAL GROUND WA7'ER AND ENVIRONMENTAL ENGINEERING SERVICES 8 P1A1E TREE DR1VE SUITE 250 ST.PAUL,MN 55112 (651)490-1405 FAX(b5l)490-1006 www.lbe�veb.com January 14,2013 Ms. Sherri Buss TKDA 444 Cadar Street Suite 1500 St.Faul,MN 55101 Re:Scope for Work and Cost Estimate-Revised Groundwa#er Monitoring,Evaluation and Reporting Zavoral Site Aggregate Mining Operations City of Scandia, Minnesota Dear Ms.Buss: Provided below is Leggette,Brashears& Graham, Inc.'s(LBG)proposed scope of work ar�d cost estimate for goundwater monitoring and reporting associated with Tiller Corporation's (Tiller) proposed aggregate mine at the Zavoral site (Site) in the City of Scandia (City), Minnesota. This proposal replaces our original scope and cost estimate that proposed on November 15, 2012. The revisions are based on the updated conditions of the Conditional Use Permit (CUP) and Annual Operating Permit(AOP)applications. LBG understands our scope is to assist TKDA and the City by providing one year of groundwater monitoring setvices based on the proposed monitoring plan protocol in, Tiller's Groundwater Quality Protection Plan(GWPP)and the conditions of the permit applications. The tasks to be completed for the one-year monitoring progcam aze as follows: . Task 1:Project Communication . Task 2:Install Dedicated Monitoring Equipment . Task 3:Conduct Monthly Site Visits . Task 4: Evaluate Data and Report Results . Task 5:Attend Meetings Task 1:Project Communication This task includes services for LBG project communication with LBG staff,TKDA,Washington County Conservation Disirict(WCD},the City,and Tiller representatives. Task 2: Instalt Moaitoring Equipment 'This task includes LBG costs for purchasing, installxng, and programmuag the dedicated data loggecs that will be insta.tled in four (4)wells that will be used for monitoring groundwater. These include one (1) on Site monitoring weil,two (2)on site piezometers and one{1}private well(Trails End Well). Costs include: CONN6CT7CUT•OHIO•ILLINOIS•SOU7H DAKOTA•PENNSYLVANW•FLARIDA•NEW JERSEY•TEXAS WISCONSIN•AiEN'YOAK.MLSSOURI.VERMONT.MiCH1GAN Ms: Sherri Buss 2 7anuary 14,2013 . Installing and programYning In Situ,Inc.data logging equipment; • Installing one (1) Aqua TROLL 200 data logger in the on Site monitoring well for measuring the water levels,temperature,�nd electrical conductivity;and, • Installing three(3)Level TROLLs for measuring water levels and temperature in the on Site piezometers and Trails End Well. Task 3: Condact Monthly Site Visits This task includes LBG labor, expenses, and equipment for downioading data from the loggers and collecting manUal measurements in two piezometers; on-Site monitoring well and the Trails End Well. Assump�ions include: • Monthly site visits for one year of monitoring; • Downloading water level, electrical conductivity, and temperature data fivm the on-Site monitoring well,two piezometers,and Trails End Wetl data loggers;and, � Manually measure water level,dissolved o�cygen,electrical conductivity,and temperature data from each of the wells above. Task 4:Evalaate Data and Report Results LBG will analyze and evaluate the data collected from the field on a monthly schedule. Data plots and water table contour maps will be reported to monthly TKDA, the City, WCD, and Tiller. LBG will work closely with the WCD to assist in evaluating the groundwater conditions in the vicinity of the WCD's surface water monitoring stations. Task 5:Prepare for and Attend MeeNngs This includes LBG costs to prepare for and attend four City Council meetings. Cost Estimate The estimated cost to complete the above scope is summarized in the attached table. Thank you fflr the opportunity to assist TKDA and the City on this project. If you have any questions,please contact me at(615)558-9207 Sincerely, LEGGETTE,BRASHEARS&GRAHAM,INC ��� David S.Hume,P.G. Senior Associate DSH Attachment S:1TxL�Saodia Aggeg#e\Zavoril\1 yr matitwing coat(reviaed]-11-13).doc � a m � � � � � a � s � � 3 � � � N � � � � � EA CJt A W N -► .�, � * O � O f o � m C7 � 't7 � � � � � �. a � -� � � � � n �' � � � �p '�" � � N W � p1 O 3 � � O � p � � � �' 3 -�,., Q N � ' j a .. c � �' � �1 �j "'� � m 0�' � � ^ m .'0 N � �N '� '� p. � � � � 7C' o � •�� n •w O � (�p ^�l'' y� m C�f �. � 3 f�A � N � p � m 3 C. 7 � � C � C ot m �o � .�' c��p �' v�i � a a' 3 D �n 5 m � 7tt � � � S � . � m �. �. � a w° � � � � � � � � O � n r � � d+ �, s� �, Ets d, o j .A w ct> � N m � � C�1 j � � � � N O � � � � G� � � n Contract Number: 13-U 1 SCANDIA CONTRACT BETWEEN WASHII�TGTON CONSERVATION DISTRICT AND CITY OF SCANDIA FOR TECANICAL ASSISTANCE 2012-2013 General Technical Services Program A. PARTIES This Agr,eement is made and entered into by Washington Conservation District,(WCD),and City of Scandia(City). B. PURPOSE WHEREAS,the City has requested assistance from the WCD to implement the policies specified in MINN. STAT.§ 103A.206;and Wf�REAS,the WCD is authorized to enter agreements to provide such assistance putsuant to MINN.STAT. § 103C331,SUBD.3 and 7. NOW,TT�REFORE,the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be from October 22,2012 to December 31,2013 unless terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described in Exhibits A and B,attached and made part of this agreement,when directed by a City representative. E. COST 1n full consideration for services under this agreement,the WCD shall charge the City a fee for its staff services and actual costs for project expenses in accordance with Exhibit A and Exhibit B. Casts for services for activities detailed in the attached Exhibits include: Exhibit A:WCA LGU Su rt-$2,835 Exhibit B:Zavoral Mine Monitoring,Inspection,and Review Services-$42,639 Total Agre�meat: $45,474 Any additional costs for special studies or capital projects must be set forth in a written amendment to this Agreement. F. BILLING PAYMENTS WCD will bill the City for staff services and actual direct project expenses. For fiscal years 2012-13,the services provided by the WCD hereunder shall be billed at a m�unum rate of$74 per hour. Invoices will be sent monthly and are payable by the City net 60 days. Page 1 G. EQUAL EMPLOYMENT OPPORTUNITY-CNIL RIGHTS During the performance of this Agreement,the WCD agrees to the following: Na person shall,on the grounds of race,color,religion,age,sex, disability,marital status,public assistance,criminal record,creed or national origin,be excluded from full empioyment rights in, be denied the benefits of,or be otherwise subjected to discrimination under any program, service, or activity under the provisions of all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. If during the term of this Agreement, it is discovered the WCD is not in compliance with the applicable regulations as aforesaid,or if the WCD engages in any discriminatory practices,then the City through the office,may cancel said Agreement as provided by the cancellation clause of this Agreement. H. STANDARDS The WCD shall comply with all applicable Federal and State statutes and regulations as weIl as local ordinances now in efafect or hereafter adopted. Failure to meet fihe requirements of the above may be cause for cancellation of tluis contract effective the date of receipt of the Notice of Cancellation. I: DATA PRNE4CY All data cflllected,created,received,maintained,or disseminated,or used for any purpose in the course of the WCD's pert'ormance of the Agreement is governed by the Minnesota Government Data Practices Act,Minnesota 1984,Section 13.01,et seq., or any other applicable state statutes and state rules adopted to implement the Act,as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes,rules and regulations and as they may be amended. J. AUDITS,REPORTS,AND MONTTORING PROCEDIIRES The WCD will: 1. Maintain recocds that reflect all revenues,cost incurred and services provided in the performance of the Agreement. 2. Agree that the City,County,xhe Sta.te Auditor,or legislative authority,or any of their duly authorized representatives at any time during normal business hours,and as often as they may deem reasonably necessary,shall have access to the rights to examine audit, excerpt,and transcribe any books,documents,papers,records,etc.,and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the City mutually agree,to the fullest extent pez�mitted by law,to indennr►ify and hold each other harmless for any and all damages, liabiliTy or cost(including reasonable attorneys' fces and costs of defense)arising from their own negligent acts,errors or omissions in the performance of their services under this agreement,to the e�ctent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. L. 1NDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the WCD as the agent,representative, or employee of the City for any purpose or in Page 2 any manner whatscever.The WCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has,or will secure at its own expense,aIl personnel required in • performing services under this Agreement.Aray and all personnel of the WCD or other person, while engaged in the performance of any work or services required by the WCD under this Agreement,shall have no contractual relationship with the City and shall not be considered employees of the City. M. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties.Any alterations,modification,or variations deemed not to be material by agreement of the WCD and the City shall not require written approval. N. MERGER It is understood and agreed tl�a#the entire agreement of the parties is contained here and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter, All items referred to in this contract are incorporated or aitached and deemed to be part of the contract. O. TERMINATIUN Either the WCD or the City may terminate this Agreement with or without cause by giving the other party thirty(30}days written notice prior to the effective date of such termittation. If the City terminates this Agreement without cause,it shall pay to the WCD for services performed up to the date of termination. Page 3 EXI�BIT B 2012(partial)-2013 SCOPE OF SERVICES FOR THE CITY OF SCANDIA TECI�IICAL SERVICES AGREEMENT BETWEEN THE WASHIl�TGTON CONSERVATION DIS'IRICT{WCD)AND CTI'Y OF SCANDIA{City) At the request of the City the WCD shall furnish the following services under the terms of the AGREEMENT.All tasks related to the proposed Zavoral Mine Conditional Use Permit(CUP)assume the project will operate under its "Preferred Alternative" as described in the project Final Environmental Impact Statement (FEIS). Any significant deviation from the proposed project schedules or work plans may require modifications to this Scope of Services and an amended written agreement between the City of 5candia and the WCD. Additional meetings or tasks that are not specifically included in the tasks below requested by the City, including agents acting on behalf of the City (e.g. engineer or planning consultant),wilI be billed on an hourly basis at the billing rates per the attached rate table. Site visits for performittg monitoring/data collection tasks have been combined, when feasible, for Technical Services 1-4 to provide a cost savings to the City. A cost for each pe�rforming each service independently can be provided in the event that not all services are selected under contract. Technical Service 1: Surface Water Monitoring TASK 1. Stream Monitoring Equipment lnstallation and Data Collection The water monitoring methods described in this task are procedures that are necessary to determine potential changes to Zavoral's Creek caused by mining activities in the watershed. Monitoring at an upstream and downstream location in relarion to the mine allows us to determine changes in the following: discharge, velocity, stage, turbidity, suspended solids, dissolved oarygen, temperature, conductivity, and pH. Originally, a more simple methodology was planned to include one monitoring location on Middle Creek(stage and discharge only) and onIy one on Zavoral's Creek(discharge, stage,and automated sampling). T'hat plan was replaced in favor of having a more intensive monitoring plan where there are two locations on Zavoral's Creek and no monitoring on Middle Creek. The revised monitoring is detailed below. The WCD will install stream monitoring equipment at two tocations on Za.voral's Creek: one near the mouth and one at Crystal Springs.Monitoring will occur March-October. The station near the mouth is an existing monitoring station and will track continuous 15-minute stage, discharge, velocity, turbidity, dissolved oxygen (DQ), temperature, and conductivity data. An automated sampler will be used to collect stormwater composite samples and grab samples will be collected during baseflow conditions, with a goal of collecting 15 total sainples. Samples will be analyzed for total and volatile suspended solids in order to form a correlation between turbidity and suspended solids, so suspended solids results from previous years can be compared to 2013 data. A new monitoring station will be installed at Crystal Springs, and continuous 15-minute stage, discharge, veloeity, turbidity, DO, temperature, and conductivity data will be collected. Grab samples will be coIlected at the same time as when grab samples are collected at the mouth site, and will be analyzed for total and volatile suspended solids. In-stream discharge measurements will be taken at both sites to develop stage-discharge rating curves. Transparency, DO, temperature,conductivity, and pH will be collected in the field at bath sites. The Crystal Springs site �vill be monitored only if access to the location is granted by the private land owner and is physically feasible; otherwise an alternative optimal location further downstream from Crystal Springs wi11 need to be determined based on accessibility. Page 6 Tlus task includes the acquisition of the required equipment, inctuding two YSI 6000 series sondes(continuous turbidity,DO,temperature,and conductivity)and one area-velocity meter. • Data collection&set up: 9U hrs @ 63/hr= $5,670 • New equipment cost estimate= $23,600 � Water quality sample analysis= $500 Total $29,770 TASK 2. Water Quality/Qnantity Data Analysis&Management The WCD will perform any necessary procedures to ensure proper data management, including data editing, quality control, storage, and backup. Data will be analyzed an� compared to activities within the proposed Zavoral Mine to document any adverse hydrologic effects to the streams. • Estimate: 85 hrs @$63/hr= $5,355 TASK 3. Stream Monitoring Snmmary Report The WCD will prepare and submit to the City of Scandia a summary report of the findings of the stream water quality aud quantity monitoring. The report will also include summaries and recommendations, if any adverse effects are found that could potentially be caused by mining activities at the proposed Zavoral Mine. • Estimate: 30 hrs @$63/hr= �1,890 Technical Service 1: Surface Water Monitoring Summary Estimated Total: $37,015 Page 7 Technical Service 2: Wetland Boundary Monitoring TASK 1. On-site review of wetland boundaries The WCD will coordinate with the Technical Evaluation Panel (TEP), Applicant, and City to conduct an annual field review of the wedand boundaries delineated within the Zavoral Mine project boundary (Wetiands A, B, C as shown in the CCES wetland delineation report dated January 14, 20I1). The WCD will prepare and disseminated TEP Findings of Fact summarizing the results and observations of the field review. 1'he WCD wi11 also review hydrologic monitoring data collected by other City partners and review for changes to the wetland boundaries. A summary technical memorandum will be prepared and submitted to the City with WCD's findings and conclusions. • Estimate: 12hrs @$63/hr=5756 Technical Service 2: Wetland B4undary Monitoring Estimated Total: $756 Page 8 Technical Service 3: Erosion and Sediment Control Inspections TASK 1. Sfte Inspecdon The WCD will provide site inspecbons of the proposed Zavoral Mine during times of�peration to ensure that erosion/sediment control,stormwater management,and other related requirements are met,as per the pmject Stormwater Pollution and Prevention Plan(SWPPP)and conditions,if any, of the Conditional Ylse Permit. Two inspections shall occur or each havl event. The first inspection will be conducted within the first month of initiating mining activities and the final inspection within two weeks of the completion of the activities. Additional inspections shall be at the request of the City and will be billed on an hourly basis. The inspections will verify that stormwater management facilities and erosion/sediment control practices are functioning, are in compliance, and are installed as per the project SWPPP.Any and all vioiations will be reported to the City for enforcement action, in writing or via email, within 24 hours of observing the site being out of compliance.A summary memo will be submitted to the City on a weekly basis after each inspection • Estimated 2 site inspections: 2.5 hrs per inspection @$74/hr= $370 • Frepare and submit 2 summary emails:2 total hours @$74/hr = $148 Total $518 TASK 2. Annnal Inspection Summary Report The WCD will prepare and submit to the City of Scandia a summary report of the results of the erosion and s�diment control inspeetions. The report will also document any deviations the project may have from its SWPPP or CUP in regards to Erosion and Sedinnent Control. Tlie report will be prepared upon termination of mining activities in 2013. • Estimate: 6hrs @$74/hr=$444 Technical Service 3: Erosion and Sediment Control Inspections Summary Estimated Total: $962 I'age 9 Technical Service 4: Threatened and Endangered Species(T&E) TASK 1. Review Blanding's Turtle Documentation and Conduct Site Reviews The WCD will review Tiller Corporation's Standard Operating Procedures (SOP)for operations near Blanding's Turtles. The WCD witl pmvide comments and recommendations, if appropriate, to the City to ensure the SOP meets the requirements of the Blanding's turtle documentation,as found in Appendix C of the Zavoral Mine FEIS. Site reviews will be conducted, in conjunction with other Technical Services, to verify compliance with the Blanding's turtle mitigation measures as listed in Appenctix C of the Zavoral Mine FEIS. • Estimated 2 site inspections: 1 hr per inspection @$63/hr= $126 • Review of Tiller Corp's Btanding's Turtle SOP: 4 hrs @$63/hr= $252 Tota[ $378 TASK 2. Annual Inspection of Site and Monitor T&E Listing Status of Butternut Tree The WCD will perform one annual inspection of the Zavoral Mine site. The site inspection will verify the presence of the one disease-free butternut tree within the property. WCD will monitor the potential listing of the butternut on the State's Threatened and Endangered species list and will notify the City if the tree becomes protected thereby requiring Tiller to implement additional mitigation measures and obtaining a ta.king permit from the DNR. A summary memo will be submitted to the City summarizing WCD's�ndings. • Estimate: 6 hrs @$63/hr=$378 Technical Service 4: Threatened and Endangered Species Snmmary Estimated Total: $756 • Page 10 Technical Service 5: Reclamation Plan Review and Inspection TASK 1. Review Zavorat Reclamation Plan The WCD will review the Zavoral Property Reclamation Plan to ensure it meets the requirements of the conditions of an approved conditional use permit and is consisteztt with the potential mitigation measures as provided in the Zavoral Mine FEIS. • Estimate: 8 hours @$63/hr=$504 TASK 2. Conduct Site Inspections to Verify Implementation of the Restoration Plan The WCD will perform inspection of the Zavoral Mine site on an as needed basis during implementation of the restoration plan. Since this task wiil depend on the phasing of the project, timing of the reclamation activities, and schedules of the various mining activities, the cost estimate may be subject to significant changes. This task includes coordinating with the City and Tiller to obtain restoration activity timelines. � Estimated 4 site inspections:2 hrs per inspection @$63/hr= $504 Technical Service 5: Reclamation Plan Review and Inspection,Summary Estimated Total: $1,008.00 Page l 1 Technical 5ervice 6: Permit Couditions and Monitoring Protocols TASK 1. Provide Condition Recommendations The WCD wilI review the Zavoral Mine FEIS and provide recommendations for conditions to be included in the CUP based on the potential mitigation measures listed in the FEIS. These recommendations will be provided in a memorandum to the City of Scandia. These recomnnendations will be submitted on or before November 15,2012. • Estimate: 10 hours @$63/hr=$630 TASK 2. Develop and Provide Monitoring Protocols The WCD vvill develop and provide monitoring protocols for Technical Services 1 and 2,which involve environmental monitoring. These protocols will be provided in technical rnemorandum format to the City of Scandia. These protocols will be submitted on or before November 15, 2012. • Estimate: 8 hours @$63/tir=$504 Technical Service 6: Permit Conditions and Monitoring Protocols Summary Est�mated Total: $1,134 Page 12 Technical Service 7: Conditional Use Permit Revtew TASK 1. Review Conditional Use Permit and Provide Technical Assistance The WCD will review the Zavoral Mine Conditional Use Permit (CLJP) and provide technica.l assista,nce during the City's review process as it reiates to the CUP and the Technical Services as , listed in this proposal(1-7). This task includes attending the December 4�Planning Comtnission � Meeting and one City Council meeting with tlie CUP application on the agenda. This task also includes attending one meeting with City Staff. � Estimate: 16 hours @$63/hr=$1,b08 Technical Service 7: Conditional Use Permit Review Summary Estimated Total: $1,008 Page 13 /� ilV��V� .�"'" �,ENVIRONA�IEI�T �'''""��G ROU F, tNC. January 11, 2013 Sherri Buss TKDA 444 Cedar St, Suite 1500 St. Paul, MN 55101 Subject: Zavoral Mine dust monitoring estimate Dear Ms. Buss: Indoor Environment Group, Inc. (IEG} recently completed a review of the Final Environmental Impact 5tatement (EIS) and the for the Zavoral Mine in Scandia, Minnesota. We have also reviewed the latest versions of the CUP and AOP as well as fhe staff report submitted to us on January 10, 2012. Based on the testing requirements recommended to the c'rty, we have prepared the following cost estimate for air quality testing services: 1. Perform periadic air monitoring to gauge the effectiveness of the dust control activities. Monitoring should be based on the following guidelines a. Monitoring would be performed one time. b. Monitoring should be scheduled in conjunction with days of maximum site activity and worst-case environmental conditions (when feasib[e). c. Monitoring would be performed on two consecutive days with the 2"d day ����" �of sampling performed to record the ambient conditions an a day with no site activity. d. Monitoring stations would be established at five locations: i. Upwind of mining and loading operations ii. Downwind of mining and loading operations iii. At the site entrance iv. Downwind of site entrance v. Downwind of one location on the haul route e. Monitoring plan would include the collection of the following samples at each sampling location: i. Airbome particulate matter PM,o - Fibrous Aerosol Monitor fitted with a PM 10 impactor INDOOR ENVIRONFIENT GROUP, INC. 2487 7'"Ave E—NoRrH Sr. Pau�, MN 55t09 (651)779-430a (651}304-l536 Fax Zavoral Mine Air Quafdy Testing cost estimate January 11,20'13 Page 2 ii. Rest�irable dust-cyclones/37mm PVC cassettes and lab analysis (NIOSH method 0600/7500; mod OSHA ID-142) iii. Resuirable silica (quantitative) - cyclones/37mm PVC cassettes and lab analysis iv. Diesel qarticulates -37 Quartz Fiber, NIOSH 5040 v. Nitroclen dioxide -TEA Tube, OSHA ID-182 f. Results will be compared to current State and Federal Ambient Air Quality Standards, ACWIG TLV or OSHA PELS as applicable. 2. If sample results indicate levefs above generally accepted/mandated action levels, we would recommend that site work should stop and all procedures reviewed and modified as necessary to reduce emissions. Additional monitoring would be performed immediately to confirm that an ac�eptable reduction in emiss9ons has occurred. Cost Estimate-Airborne Contaminant MonitorinQ Estimated cost per sampling event: One session (2 days)-five locations: $6,595.04 These figures are only an estimate based on current laboratory f�es, equipment rental rates and the recommended scope of services. An actual quote for monitoring services can be provided upon selection of the Cit�r's desired sampling plan. Please feel free to contact our office if you have any questions regarding our findings or recommendations or desire additional information. Sincerely, Indo Environment Group, Inc. Dave G rud Director of Operations - - �-- � � INDOOR ENVIRONMENT GROUP, INC. 2487 �T" AVE E — NORTH S7. PAUI, MN 55109 (651) 779-4300 {651) 3Q4-1536 FAx SBP ASSOCIATES, INC. _ ..- _ . _ ._ ':� PO Box 16587 Sx.Louia Puk,MN 55416 Phonc:95��6t500 December 24, 2012 Ms. Shenri Buss TKDA 444 Cedar Street, Suite 150d St. Paul,MN 55101 Dear Ms. Buss: RE: Proposed Zavoral CUP Conditions,Monitoring Protocol,and Costs This memorandum provides proposed CUP conditions, and a proposed initial operating year noise monitoring pzotocol and costs fvr the Zavoral mine facility. A.Mine Operations Noise This noise includes the noise from the loading and excavating equipment, as well as noise from the haul trucks. The noise impacts frorn these sources must comply with standards contained in Minnesota Rule 7030.(}040. Sensitive receptors include the residences near the site and the Scenic Riverway. B.Propased Monitoring Protocol Each mine operations noise monitoring event will consist of the following: 1)A Noise specialist, contracted by the City,will identify ane or two worst-case representative residential locations for each phase of min'vng and conduct at least one hour of monitoring at each location duzing operations in the morning and one hour of monitoring during operations in the afternoon at each location. 2) Additionally, at least one hour of monitoring will be conducted at a representative location in the scenic riverway during mine operations. A monitoring event will be conducted within three weeks of the beginning of each mining phase, weather permitting. Monitozing will be conducted in accordance with Minnesota Rules. The noise specialist will work through the City to notify residents of monitoring periods and to request access to properties as necessazy to conduct the monitoring. G CUP Conditions Following are proposed CUP conditions relating to noise for the Zavoral mine: 1. Tl�e applicant shall caoperate with the City and allow access to the site as necessary to conduct noise monitoring. 2. The applicant will provide funding for the proposed monitoring. 3. Shou.id noise levels exceed State Standards for an�y of the testing, the appiicant will identify and take corrective actions to bring the noise levels into compliance. 4. The applicant shall assure that on site loading and excavating equipment will be equipped with broad band back-up wazning systems. 5. For the purpose of minimizing the use of back-up beeper warning signals,the applicant shall assure that on site haul zoutes minimize the need for haul trucks to back up on the site. 6. The applicant shall assure that on-site equipment is properly muffled and shall inspect mufflers on on-site equipment on a weekly basis and document the inspections. 7. The applicant will assure that the mining plan will m;nimi�e any time when the noise from the on site equipment and haul trucks are operating without noise nutigation fram berms and/or the mine face. D. Proposed Monitocing Costs Following are estunated costs;for the initial operating year. Estimated Noise Monitorin Costs Task Labor Cost{$115/hr.) Notes Pro'ect Mana ennent 8 hours $920 Mine Operations 25 hours $2,875 1 person x 25 Monitorin and Re ort hrs/test event. Other Direct Costs $1� Total Estiinated Cost �3 895 Please contact me with any questions you may have regarding these conditions, morutoring plans, or estimated costs. Sincerely, Stephen B. Platisha,P.E. , , 444 Cedar Street,Suite 1500 �=i - - Soint Youl,MN 55101 . � 65t292.4400 � , tkda.com I � TKDA Memorandum To: Sherri Buss Reference: Traffic Monitorin� Copies To: Scandia EIS Scoping Process Zavoral Mine From: Bryant Ficek Project No.: 14305.001 Date: December 20, 2012 Routing: As part of the City of Scandia's permitting process, we have reviewed the traffic analysis and mitigation recommendations included in the Zavoral Mine and Reclamation Plan Final Environmental Impact Statement{E1S).The purpose of this review was to determine the potential need for manitoring as part of the Conditional Use Permit(CUP) and/or the Annuai Operating Permit (AOP) for the site. This memorandum presents our findings and recommendations for monitoring traffic as a condition of these permits. Issues The EIS stated that most raw materials from the Zavoral site will be transported to the Scandia Mine for processing. The identified haul route for trucks transporting the materials is Trunk Highway (TH) 97 through Scandia to County State Aid Highway(CSAH) 1. As identified and discussed in the EIS, patential traffic safety issues due to the mining operations are a potential increase in overall crashes in the area, concems about safety along TH 97, and the potential impact on bicycle and pedestrian facilities. Also as identified and discussed in the EIS, potential capacity issues due to the mining operations extend to the overall number of trucks on the roadway system, operations at the intersectian of TH 97 and TH 95, and general wear and tear on the roadway system. Potential Monitorin� Prouram Having identified the need to monitor the activities at the Zavoral site in regard to the issues identified,the fo{lowing is recommended: • Item 1 -14-hour video tuming movement count(s) at the intersection of TH 97 and TH 95 � Item 2—Review and comparison of the truck counts entering and exiting the Zavoral Site and the Scandia Mine • Item 3—Direct reporting af incidents involving trucks • Item 4—Review of crash records An ernployee owned company promoting affirmative action and equal opportunity Memo Page 2 December 20, 2012 Traffic Monitoring Scandia EIS Scoping Process -Zavoral Mine ftem 1. TKDA will complete a 14-hour video log of the TH 97 and TH 95 intersection, including the new access to the Zavoral site (potentially 6 a.m. to 8 p.m.). Video logs are a standard method for taking traffic counts. The video log will record all of the trucks entering and exiting, and the traffic conditions at the intersection. This information could then be used to compare the number of tnacks against the information in the EIS, perform an operational capacity chedc on the TH 97 and TH 95 intersection, and confirm the hours of operation of the mining site. This item is recommended to be campleted once during nomnal operations on a random weekday early in first year of mine operations. TKDA's traffic engineer will review#he video log, and will provide a summary of the observations related to traffic operations, and identify any issues or problems related to the conditions required for operations. If issues are identified related to the site's operations, additional video counts and reviews could then be ordered by the City. Item 2. Due to other regulations and requirements, operators of the mine sites are required to record the number trucks leaving and entering the Zavoraf site and the Scandia Mine. This information should be provided to the Cify for review. The total trudc counts at each site could be compared to determine whether hauling from the Zavoral site is replacing current hauling from sites in Chisago County and Wisconsin, and that the maximum number of trucks matches the information in#he EIS. As reporting on trucks occurs quarterly, this review could also occur quarterly. I#em 3. After contacting emergency services, if needed, truck operators working at the Zavoral site should contact the City to report any incidents involving their truck hauling activities. Whether a crash, speeding ticket, or other viofation, the details of the incident should be relayed, as well as any mitigation the site operators may take in response to the incident. Knowing that this reporting must take place, the operators will hopefully be encouraged to work proactively with truck drivers on properly obeying driving laws and any conditions on the mine set by the City. lt is recognized, however, that many truckers operate independently and cannot be required tn relay informatian to the operators.When operators become aware of any incident, this information should be provided to the City promptly. Item 4. The City should review crash records for the same segments and intersections recarded in the �IS. This information is available through a Minnesota Department of Transportation (MnDOT} online program that is available to any agency or consultant. A review of the crash records woufd allow the City to defiermine if areas are experiencing any uptick in crashes that can be directly or indirectly related to the truck tra�c. MnDOT updates crash records regularly. However, crash records are not generally used for day-to-day or even rnonth-to-month comparisons. Instead, review of crash records over a longer period of time allows trends to be discemed. Therefare, this item is�ecommended to be completed once every six months. These four recommended items, combined with standard enforcement activities for speeds and weight restrictions, should provide the City with sufficient information ta adequately monitor operations at the mining site; provide information on traffic activities to the public, if necessary; and determine appropriate action should a permi#condition be violated. Items 1 and 2 could be made a part of the AOP. This would allow the City to increase or decrease the number of times to check the truck counts each year as conditions war�ant. Items �;;��_� :,:,.;; i�. €, 1 :,:,��� Memo Page 3 December 20, 2b12 Traffic Monitoring Scandia EIS Scoping Process-Zavoral Mine 3 and 4 could be made a part of either the CUP or AOP since the recommendation will not likely change from year to year. Monitorin� Costs Assuming the City does nof have traffic counting equipment,_Item 1 would most efficiently be accomplished through a consultant. A number of firrns are available in the area to comple#e the traffic count discussed and perform a simple capacity check of the TH 97 and TH 95 intersection. A rough estimate for a consultant to comple#e these various work items is: . 14-hour video tuming movement count of an intersection—$575 per count • Intersection capacity check—$500 per interse�tion per peak hour review Assuming that a capacity check is performed on two peak hours (morning and afternoon), the total cost of Item 1 is anticipated to be$1,575. Items 2 and 3 are reliant on the operators of the site to monitor truck numbers and report inciden#s, when known, to the City.The related cost for the City would involve time for a staff person or consultant to maintain a record of any incidents and a review of truck numbers at each site against each other and the EIS information and complete reports for the City Council and AOP review. Estimate up to 4 hours @$120/hour, $480 totaf. Item 4 eould also be accomplished by a contact person within the City. The software from MnDOT is free and relatively intuitive. Set up of the software and a short tutorial should not take more than an hour. Another couple of hours would be necessary every six months (as recommended here) to check the records, print out the crashes, and review for any trends or unusual circumstances. lf the City does no#want to assume this task, several traffic consultants are available who should be able to easily accomplish this task for less than $500 per review period. Cost Estimate Item#1 Traffic Count $ 1,575. Items#2 and 3 Reporting 480. Item#4 500. TOTAL $ 2,555. If you have any questions or comments regarding this information, please contact me at 651.726.7944 or brvant.ficek(r�tkda,com. _ . ,:f � rr.Fi