4.a)2) Draft Resolution Approving CUP for Zavoral Mine � �. �:� ��
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 02-19-13-XX A
APPROVING A CONDITIONAL USE PERMIT FOR THE ZAVORAL MINE AND
RECLAMATION PROJECT
WHEREAS, Ti]]er Corporation ("Applicai�t") has applied for a Conditional Use Pennit
(CUP) to operate the Zavoral Mine and Reclamation Project ("Project") on a property owned by
James Zavoral, located east of the intersection of State Trunk Highway 97 and State Trunk
Highway 95 ("Site"); and
WHEREAS, the Property is located in Washington County, Minnesota and legally
described in Attachnlent A; and
WHEREAS, the Applicant submitted an application for a CUP far tl�e Project to the City
on Noven�ber 25, 2008, including tl�e required Environmenta] Assessmeut Worksheet (EAW);
and
WHEREAS, the Site proposed far the Project is located within the Agriculture (AG)
Zoning District in the City's 2020 Comprehensive Plan and related Development Code, and
those were the adopted Comprehensive Plan and regulations at the time of the application; and
WHEREAS, the City reviewed the EAW for the project and tlle City Council approved
tl�e Fii�dings of Fact and Record of Decision for the EAW for the Project on March 3, 2009 that
concluded tl�at an Environmental Impact Statement (EIS) was needed to detennine the project's
potential for significant environinental impacts; and
WHEREAS, the City Council approved a Scoping Decision Document for the EIS on
April 2l, 2009, hired a consultant to coinplete the EIS, and established a Project Advisory
Committee far the EIS in December, 2009; and
WHEREAS,the Applicant revised the project to eliminate all aggregate processing
activities at the Site, and based on the revised Project, the City conducted a fonnal Scope
Amendment Process and approve�l a Revised Scopi�lg Decision Document for the Project in �
January 2010; and
WHEREAS, the City and its consultant completed the Zavoral Mine and Reclalnation
Project EIS to�neet the require�nents of Mi»nesota Rules 44l 0, and the EIS concluded that if the
mitigation reco�ninendations included in tlle EIS were i�nple�nented that the Project will not have
significant environmental impacts; and
WHEREAS, the City Council approved the Findings of Fact and Record of Decision that
found that the Zavoral Mine and Reclaination Pl-oject EIS was adequate to serve as the
environ�llental review for the Pi-oject because it met tl�e criteria set forth in Mim�esota Rules
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4410.2800 and the requirements of Minnesota Statutes Chapter 116D on September 25, 2012;
and
WHEREAS, the Applicant submitted a revised application for the Conditional Use
Permit for the Project on October 9, 2012 and the City determined that it was complete for
review on October 23, 2012; and
WHEREAS, the Planning Commission held a public hearing on the Project on
December 4 and December 12, 2012; and
WHEREAS, the City Council recommends that the Project be implemented as described
for Alternative 3 in the Zavoral Mine and Reclamation Project EIS, with a maximum duration of
I 2��ns 3-5 �ears for the mining activity, beginning on the date of the approval of the CUP;
reclamation activities and monitoring shall continue for five years after the completion of the
mining activities; and
WHEREAS, Council's findings related to the request for approval of the Conditional
Use Permit include the following:
1. The Project meets the Criteria for approval of a CUP included in the City's Mining
Ordinance No. 103:
• The property size meets the ordinance requirement.
• The Project meets the standards for approval of a conditional use permit included
in Chapter One of the Development Code.
• The Project is consistent with the goals and policies of the City's 2020
Comprehensive Plan.
• The application complied with all rules of the Minnesota Environmental Quality
Board Environmental Review Program, and completed the required
environmental review to comply with State Statutes and Rules.
2. When the mitigation recommendations included in the Zavoral Mine and Reclamation
Project EIS and the conditions included in the CUP are implemented, the project will
meet the Provisions and Performance Standards included in Ordinance No. 103:
• The Project meets the requirements for protection of groundwater, includes the
required Groundwater Quality Protection Plan, and monitoring.
• The Project will obtain the required permits for air quality, noise, water quality.
rare species and roadway access.
• The Project includes the required surface water protection plan that addresses
ongoing monitoring, accident response and remediation, and will obtain the
required surface water management and erosion control permits from the MPCA
and Carnelian-Marine-St. Croix Watershed District.
• The Project includes the required Dust Control Plan that when implemented, will
meet MPCA requirements for dust control.
• If all mitigation and monitoring requirements are implemented, the Project will
meet the MPCA standards for noise.
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• The Project adequately addresses the required operating conditions identified in
Ordinance No. 103.
3. The Project's Reclamation Plan exceeds the requirements of Ordinance No. 103.
4. The conditional use is in compliance with and will not have a negative effect upon the
City's 2020 Comprehensive Plan, including the public facilities plan and capital
improvement plan.
5. 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.
• When the required mitigation and monitoring are implemented,the traffic
generated by the Project will be controlled to prevent congestion, hazards and
excessive traffic through residential areas.
• When the required mitigation and monitoring are implemented, the Project will
meet the MPCA standards for hazardous materials, noise, air and water pollution.
• The Project will have an economic benefit to the community and the Twin Cities
region,because it will provide a resource that is critical to the maintenance and
development of infrastructure, buildings and other products that are needed by
Scandia and Twin Cities residents.
6. The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted and will not substantially diminish
or impair property values or scenic views.
• When the required mitigation and conditions are implemented, the Project will
meet the ordinance and regulatory requirements for traffic control, environmental
hazards, noise, air, surface and ground water management, and will not
significantly affect the use and enjoyment of properties in the vicinity.
• There is no available factual evidence that the implementation of the Project will
substantially diminish or impair property values.
• When the required mitigation is implemented, the Project will not diminish or
impair scenic views.
7. 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.
• Uses permitted in the zoning district include agricultural uses, low-density
residential, parks, recreation and open space. With the implementation of the
required mitigation and conditions, the establishment of the Project will not
impede the orderly development and improvement of surrounding property for
those uses.
8. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
9. The conditional use will conform to the applicable regulations of the Agriculture district,
and all other applicable standards of the Development Code if the mitigation
recommendations of the EIS and conditions of the CUP are implemented.
10. The conditional use complies with the general and specific performance standards of the
development code.
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NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COLTNTY, MINNESOTA, that it should
and hereby does approve the Applicant's request for a Conditional Use Permit for the Zavoral
Mine and Reclamation Project located on the Site east of the intersection of State Trunk
Highways 95 and 97, with the following conditions:
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.
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 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. 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 goundwater 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.
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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.
I 16. The applicant shall obtain the required agency permits for stormwater management rior to
be ii� 1111I1�ari�- operatioi�s at the site, 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 pri��r tc� be�iruiing aii� c�peratiuns at the site, and provide a copy of the
approved pe�nit 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.
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25. Any above-ground storage tank (AST) at the Site shall be located mare 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 gound and surface water
Imonitoring reports to the CMSCWD_ ��'CD 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
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 � ,:
������t-�����-' �-�-Zz-��;�m�-�-�1�-��-�.' 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
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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 between Lofton Avenue and the
Scandia Mine. '`� ' . ., •.. ":,. ;',,,�"'� � ,;,,�,' , .,•'"'.- ,,.,.,,'�tT�e� �I ruck traffic sllall
onl� be per-�nitted on lucal streets for speciflc lc�cal projects ���hen specificallv authorized by
the Citv._Trucks shall not back onto roadways.
I - ��-r-,-�,-�� .
�
I ^!;.39.. 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.
� �l-:4{�._The applicant shall provide parking for all employees and visitors within the site.
Circulation and parking shall minimize internal and external traffic conflicts.
I �2:41_,_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.
I �3.42_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.
( �4:43._The hours of operation and hauling shall be conducted only between 7 a.m. and 7 p.m.,
Monday through�k��a-�_�I�liursdav and bct���een 7 a.m. and 2, p.m. on Frida��, 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.
I 4 4.44._The applicant shall coordinate any proposed berm removals associated with Project
completion with the City.
I n(;.45_ 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.
I 4�.4,;. The applicant shall utilize non-chloride agriculturally derived organic polymers ar
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.
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� 4�-47. 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.
49:48. The applicant shall wash hauling and loading equipment on a regular basis.
�&49. 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.
I �-50. 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.
I ��-51. The City and its consultants shall perform periodic on-site review and monitoring of dust
control activities to assure compliance with this permit. The inonitoring locations, protocols
and methodology shall be specified in the AOP.
I ��:52. 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.
�4:53. The applicant shall implement the berms and screens proposed in the site plan.
�-54. Trucks shall not idle on the site and approach area for more than 30 minutes.
�55. 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.
I �56. 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 confinn that the Project is in compliance.
� �57. The applicant shall require that al] Tiller-owned equipment on the site use broadband
alarms and haul trucks shall utilize a circular traffic pattern or other traffic pattern to the
extent feasible that minimizes the need for haul trucks to back up on the site.
I �58. The applicant shall ensure that on-site Tiller-owned equipment is properly muffled and
shall inspect mufflers on the on-site equipment on at ]east a weekly basis and document
inspections.
It�59. 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.
I F�60. The applicant shall complete the clearing of previously-unmined areas during the winter
to minimize noise impacts.
I �61. 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.
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I �62. 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.
� E�4-63. The applicant shall provide and inaintain portable sanitary facilities to serve the site and
shall meet all applicable standards and regulations for wastewater disposal.
I �64. 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.
I 6Fr.65. The applicant shall meet Federal, State and Local requirements for storage of fuels on the
site.
� �66. The applicant shall fund improvements to the existing pedestrian/bicycle trail along State
Scenic Byway Trunk Highway 95 in the inine area, and maintain connections to existing
trails.
I f�$-:67. 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.
I �68. 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.
� �69. Reclamation shall proceed concurrently and proportionally to mining operations.
Progress on reclamation shall be demonstrated in each AOP application.
I �70. 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, 20l 1)by CCES.
� �71. 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 5`�' growing
season, post seed installation;
• The reclaimed areas shall contain at least 50% of the species for both grasses and farbs
contained in the specified seed mixes at the end of the St�' growing season, post seed
installation;
I �%2. Vegetation establish�nent and inonitoring shall continue for a period of 5 years after
completion of the Zavoral Mine Project, in its entirety.
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� �-473. 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 inaintenance 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.
I �-5-74. 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 reclailned 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.
� �-75. If the City detennines that a reclai�ned area has not met the vegetative perfonnance
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 detennine the appropriate actions in consultation with its consultants, the
applicant, and other experts, as necessary.
� �:76. The City and its consultants sha11 complete monitoring of reclamation activities on the
site on behalf of the City. Monitoring locations, protocols and methodologies shall be
specified in the AOP.
� �-:%7. Final reclamation shall include reinoval of any equipinent and backfilling and seeding the
operations area.
I �9-78. 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 detennined 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.
� �8&79. The applicant shall maintain existing woodlands and screening outside the mine area
limits.
I �80. The applicant shall establish a inaximum stockpile height of 880 feet above mean sea
level. Stockpiles shall not be located on the west side of the site.
I �81. All lighting on the site shall be hooded or controlled and meet the requirements of the
Ciry'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.
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( �-�:82. The applicant shall obtain the required sign permits far all signs proposed at the site.
I Q�'.:�3__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.
I ��:84__The applicant shall cooperate with the City and provide access to the site as needed to
conduct the monitoring activities required by this permit.
� g�.�5,_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.
I �?�b6__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 e, xcept
reclaitiation. shall be completed within����3->��ears 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.
� QQ:8.i_ 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 costs related to monitoring and reporting activities.
��.88_._The applicant must apply for and obtain an Annual Operating Permit from the City.
���89__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.
I �?:90___The applicant shall pay all fees and escrows related to this application.
Adopted by the Scandia City Council this 19th day of February, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk