9.b) Staff Report-CUP Resolution for Zavoral Mine C' `�
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SCANDIA
Staff Renort
Date of Meeting: February 19, 2013
To: City Council
From: Kristina Handt, Administrator
Re: CUP Resolution for Zavoral Mine
Agenda Item#: 9.b)
The Resolution 02-19-13-04 included in your packet reflects the discussion from the February
12`h work session. At the meeting on February 19th, the Council will need to make a decision
about the pedestrian/bike trail along TH 95. Conditions related to that issue can be found on
page 9, #60 and 61. Depending on the vote on the previous agenda item those conditions may
need to be removed.
Additional changes are on page 2, the third Whereas was suggested by Attorney Miller. Attorney
Miller also suggest the additional language specifying that the updated plans have to be approved
by the City. This is consistent throughout the CUP. City staff is also suggesting the addition of
Condition#80 in response to some of the comments about what would happen if the monitoring
should show negative impacts due to the mining activities. This language is consistent with what
the Council agreed to in Condition#3 for the ground water separation issue. This just applies
those same options to all monitoring activities. Attorney Miller has suggested the language in
Condition#85 be added.
Options:
1) Approve Resolution 02-19-13-04 as proposed
2) Amend and then Approve Resolution 02-19-13-04. Amendments could be made to the
previously mentioned conditions related to the trail or any other part of the resolution.
3) Deny the Applicant's Request for a Conditional Use Permit for the Zavoral Mine and
Reclamation Project. This will require the Council to develop a set of findings to support
that motion.
*Note if the City does not take action on this at the February 19,2013 Council meeting
and the applicant does not gant an extension in writing, the application will be approved
with no conditions as the time allowed under state statute for review expires on February
20, 2013.
Recommendation:
Option 1 or 2, depending on the Limited Use Permit decision.
CITY OF SCANDIA,MINNESOTA
RESOLUTION NO. 02-19-13-04
APPROVING A CONDITIONAL USE PERMIT FOR THE ZAVORAL MINE AND
RECLAMATION PROJECT
WHEREAS, Tiller Corporation("ApplicanY')has applied for a Conditional Use Permit
(CUP)to operate the'Lavoral Mine and Reclamation Project("Project")on a property owned by
James and Kathleen Zavoral,husband and wife, located east of the intersection of State Trunk
Highway 97 and State Trunk Highway 95 ("Site'); and
� WHEREAS, the ('+f�+t4 Sitc is located in Washington County, Minnesota and legally
described in Attachment A;and
WHEREAS,the Applicant submitted an application for a CUP for the Project to the City
on November 25,2008,inciuding the required Environmental Assessment Worksheet(EAW);
and
WHEREAS,the Site proposed for the Project is located within the Agriculture(AG)
Zoning District in the City's 2020 Comprehensivc 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 the City Council approved
the Findings of Fact and Record of Decision for the EAW for the Project on March 3,2009 that
concluded that an Environmental lmpact Statement(EIS)was needed to determine the project's
potential for significant environmental impacts;and
WHEREAS,the City Council approved a Scoping Decision Document for the EIS on
April 21,2009,hired a consultant to complete the EIS,and established a Project Advisory
Committee for 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 formal Scope
Amendment Process and approved a Revised Scoping Decision Document far the Project in
January 2010;and
WHEREAS,the City and its consultant completed the Zavoral Mine and Reclamation
Project EIS to meet the requirements of Minnesota Rules 4410,and the EIS concluded that if the
mitigation recommendations included in the EIS were implemented 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 Reclamation Project EIS was adequate to serve as the
environmental review for the Project because it met the criteria set forth in Minnesota Rules
Resolution No.:
Page 2 of 15
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
��HER�:AS thc Lit�� Cuuncil has recei�e�i and re�ie��cd the Corditional use_Yerrnit
Compliance and Reclamation AQreement("Developme�t:lgrecment'�)in the fbrm included in
the Citv's staff report reaardin�this Resolution;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
�.3 ��ears for the mining activity,beginning 3�da��5 after�ill other pennit�are obtained;
reclamation activities and reclamatiqn 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 fbr 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 pernuts from the MPCA
and Carnelian-Marine-St. Croix Watershed District.
Resolution No.:
Page 3 of 15
• 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.
• The Project adeyuately 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 conditionai 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,and 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 ardinance 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 agicultural 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.
Resolution No.:
Page 4 of 15
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.
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY,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�dated on October 9.2012.
and revised-a+�+e�{niF�e<f c��E��l�e�-���as_r�u�red 6� these conditions.
2. 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,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). '�1u�ielin�
cor�leted_for t�he EIS indicateds that the separation between the maximum depth of mining
and existing ground water level s3�a-!�{�e is 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 inform the Minnesota DV'R,
C a�neliau-ti9ariiie-St C'roix 1�'atershe�llistrict and Washin�ton County if the separation
between the maximum depth of mininQ and ground water level is less than 25 feet,the Citv
may require additional monitoring may require that the applicant cease mining operations,or
take other avvropriate actions based on potential net�ati��e im acts to�roundwater or
�r�oundw�ater-related_resource,.The City shall report ground water levels on the site on a
quarterly basis to the Minnesota Department of Natural Resources.
� 4. No mining#er-_�f silica sand for industnal pur��oses("frac sand mining")shall be permitted
c#u�tbis#'-rejee4 at this site. -
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 ] million
gallons.
� 7. 1 o establish that Condition \o. 6 above is bein�met,_��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.
Resolution No.:
Page 5 of 15
8. The applicant shall revise the Groundwater Qualiry Protection P/an(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._�ll such re��isions shall be
Submitted to and are subiect tu the ap�ro��al of the_('it��and failure to obtain such approval
shall be a ��iolation of�this condition.
9. The applicant shall +r��maintain the_groundwater observation wells or piezometers
i��st�lled on the mine site i�at the current locations or as_approved by the City. The applieant
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
goundwater 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 iclefi��+��eE4 concerns idenufied bv the Cit��.
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��hen other equipment is present.
16.The applicant shall obtain the required agency permits for stormwater management prior to
be inning an��u�erations at the site,and provide to the City copies of the permits approved
by the E�eliar�-A4afi}}e-�f.-��+�i�s�Eersl��ist��CMSCWD)and the Minnesota
Pollution Control Agency.
17.The applicant shall re�ie���. up.late.�u�ieie tu thc C'it�_uht�in thc_C'it�'s�>>�ro�al anci
thereafcer implement the Besl 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 prior to b�nnin�a� u��erations at_the site,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 Buttemut trees from a Special Concern to Endangered
species.
Resolution No.:
Page 6 of 15
20.The applicant shall comply with the"Summary of Recommendations for Avoiding and
Minimiring 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.
� 2/. The applicant�+1+shal l inspect all trees for raptor nests prior ro 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. In accordance with MPCA rules.t�he applicant shall notify the Minnesota Pollution Contro]
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���'�_U and the Minnesota DNR.
Zg,'1'he�'�y���; � , . �t�ie k4�3 monitoring point installed by the WCD for
the EIS pump test that gathers baseline data in Zavoral Creek sliall be_maintained and
m�nitoreci 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
weUands 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.
Resolution No.:
Yage 7 of 15
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.
� ��L-+���,k�a I 1+ec�i+e-:���-��t�+�4e��il>��stifei+e�++�N�e�leu-it3g�t+�r��F}-�
�+#�5-}�x3}��#ieirt4�f��#�-.:���#il?�e��k�e�et}+��1+�+�lefiwe+�ia��1:�etr�-k#
4f��te.,,.��.�..,T..;rti�r,,�„�„,., �,,,��,i ni�„�:,..,�� �
,. ' 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( las,('
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.
� "�7 �G, 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.)
�.�.s"/. A�l trttel���k��+s get�era�e��y i�te{��e}eet s4tt�ll cH+1��k#9�, ��#sl-S���Z 1 S(?L4at3t�in�
. . All truck traffic
�enerated bv the project for projects outside Scandia shall utilize TH 97,TH 95,CR 15
(Manning Aye),CR 91 (Lofton Avel and the existing haul route between Lofton Avenue and
the Scandia Mine. Tiller shall notifv the Citv in advance of any hauling that will occur on
local streets to serve local prolects,and shall recei��e confirination that the Citv received
notice nrior to the start of hauline on local streets,Trucks shall not back onto roadways.
I .y. �ii o..,,:e,.....,.,.v.,..,ra,...�,..ii; o.wo,.,..,.,.,.iio,� irt£ertiee�tt�t at hl�trtt�itt��#7=k��}��>13ew
,.i.:..,.�e�«.,....,.,..,.,.�ru n� .,a..�.,.�i .. ,.i,�-4e-fF��t t�te�e#4ett-�#A? '„�-�.,R-n�
� �!�?_�< Subject to approval from MniD01��,t�he 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.
I ��! ��: The applicant shall provide parking for all employees and visitors within the site.
Circulation and parking shall minimize internal and external traffic conflicts.
Kesolution No.:
Page 8 of 15
� %?_�;; 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.
� �;?.a'.. 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.
I '� �% The hours of operation and hauling shall be conducted only between 7 a.m.and 7 p.m.,
Monday through�a-tc�av_l hursda�_and_bettiecn 7 a.m._and 2_��i on l ridav,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 ' 3 The applicant shall coordinate any proposed berm removals associated with Project
completion with the City.
� �;6�4, The applicant shall implement the Dust Control Plan(dated 10/8/12 and updated within
6U d��of a roval of the CUP),including a]1 activities proposed during stripping,grading
and active mining operations.
�`�'i''-�. The applicant shall utilize non-chloride agriculturally derived organic polymers or
naturally-occurring polymers on internal haul roads to control dust in accordnncc w i[h the
Dust Control Plan. 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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`? �6 The City and its consultants shall perform periodic on-site review and monitoring of dust
control activities to assure compliance with this pernut. The monitoring locations,protocols
and methodology shall be specified in the AOP.
� `:; ��`i 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.
�:, The applicant shall implement the berms and screens proposed in the site plan.
� '��; Trucks shall not idle on the site and approach area for more than 30 minutes.
Resolution No.:
Page 9 of I S
� 5�; 50 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.
� �,?.�? If the noise levels at the Project exceed State Standards fo+ af3y e€t+�e��+r�g,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.
� �4 _<._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
extent feasible that minimizes the need for haul trucks to back up on the site.
� `'; s� 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.
� '�C {� 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.
� ': _;- The applicant shall complete tk�e a,�y�clearing of ve�etation (trees and brush� ti�qm
previously-unmined areas�++��"��~��'�� from September throu�,h April to minimize
noise impacts.
I C." _`;j 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.
!��.57,_The applicant shall maintain the mine site and equipment in an orderly condition�and
shall cont�ul . �tieeds���4 t��+�trf�f4ec#in planted and reclaimed areas. I�h� Ip icant
shall�resen�e. maintain and supplement€existing trees,berms and topsoil along existing
pub]ic rights-of-way shall be preserved,maintained and supplemented as proposed in the Site
Plan and Reclamation Plan.
� !1�?.�S. The applicant shall provide and maintain portable sanitary facilities to serve the site and
shall meet all applicable standards and regulations for wastewater disposal.
I (;5 54, 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.
(�r:�I�e�{��++e�t�t,4��1 t��eef�eeler�+4:S;Fate�#1 txa E {#3e
�e.
(:7.6L. 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
_ ----- ____
tI'81�5. ��COmment[KHl]:Council needs to decide if they �
��will en�e�mto LUP with Mn/D07 �
� !;;' �,1:_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
(Comment[KH2]:Could be deleted if Coun�
I_dcesn't enter 1 U P
I ��� 62 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
Resolution No.:
Page 10 of 15
the City. Reclamation on the site shall be implemented in accordance with the updated and
�rg��ed reclamation plan. Such updated reclamation�lan shall be su�ect tq review_�and
a�proval_of the Ci�. � - - � � — �
iC�C;:�. Reclamation shall proceed concurrently and proportionally to mining operations.
Progress on reclamation shall be demonstrated in each AOP application.
� 71.64. 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.
� ?:� '�` Reclamation success shall be defined as follows:
• 90°/o 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'h 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 5'h growing season,post seed
installation;
� 7:'..6%; Vegetation establishment and monitoring shall continue for a period of 5 years after
completion of the Zavoral Mine Project,in its entirety.
� %!��.6'i 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 far 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.
7� ��._The applicant shall submit annual reclamation monitoring reports to the City,e��
�,��,���-'�:�rrro�� ��ith the AUP a�lication,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 Citv
determines that a reclaimed area ha5 nut met the�e�etativeperfunnai�ce standards listed
above the citv shall order corrective action(s)indudin�,but not limited to,reseedin�,over-
seeding,spot seeding or other actions so that the reclamation meets the criteria for success.
The specific corrective actions mav be dependent on site conditions. The citv will determine
the appropriate actions_in consultation with its consultants the anplicant,and other expens,
as necessary.The applicant shall include the required corrective actions�in the
reclamation monitoring report.and AUP aqplication.
Resolution No.:
Page 1 1 of I S
�
� .�r.. 0.7:,... ..�L.o�..,.e;......�..�l...s�l.o� ,.1.......t:,... ... „a..�1.,,,...:�,,..:.. F� �
sttssessy The s�eeifs eerresEive aetier;s ma�e�e�e�c�e��siEe eer a���s�n�e#y-:;�
e�c�e��:.,..�� __ , ,
� ;%7 C;�:. The City and its consultants shall complete monitoring of reclamation activiries on the
site on behalf of the City. Monitaring locations,protocols and methodologies shall be
specified in the AOP.
I ;';', iC Final reclamation shall include removal of any equipment and backfilling and seeding the
operations area.
I '?�; i` 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.
� ��( ".��,_The applicant shall +��+� nut�ii�turb existing woodlands and screening outside the
mine area limits.
�l I�._The applicant shall establish a maximum stockpile height of 880 feet above mean sea
level. Stockpiles s1�a�k�k�located��e��-e�t�+d��� in the Pl�a��_t miiiin;�_area of the Ssite
�hall be maintained at a lo���er hei�ht as needed so that the stockpiles are not��isible from the
I.��ie���x�ints iclentified in the EIS.
I �2 74, 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 applicant shall obtain the required sign permits for all signs proposed at the site.
� ��!_7;;. 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.
� .`?5 '77, The applicant shall cooperate with the City and provide access to the site as needed to
conduct the monitoring activities required by this permit.
I �;� "i� The applicant shall provide a final,corrected copy of the�at���a���
sl3eets_G�ound��ater I�1on�ton��Plan._{tecla�nat�on Plan and Dust Control Plan to the City
Resolution No.:
Page 12 of 15
within 60 days of approval of the CUP. All such updated plans shall be subject to reriew by
and ap��ru�al�f_the Cit�. I�he���plicant shall implement the updated and avproved plans.
<<;'."i9._The applicant and owner shall enter into a�3e�ele�e�Conditional Use Permit Compliance
and Reclamatior�Agreement("Development Agreement")with the City within fifteen ,151
d�s of���o�°al of the C`l;P. The clevelc�ex-aAgreement shall specify that the project will
be implemented to comply with Altemative#3 in the EIS. The Agreement shall specify that
all Project activities_e�cept reclamation. shall be completed within 3.3 ti�ears�=re+��e�te-e�
� ^�•"��7�' beginnin�30 da��s efte� all other ermits are obtained, � S+�e
�•� P -�e�ct��t�,_.
.-.;.,,. „r...:.,o,� .
�re-}�+ati��+�.e!€�����e+r.,�r�„'•~^ �,a s. ec amation
activities and reclamation monitoring shall continue for five years after completion of the
mining activities,as specified in this permit.
t;U. ff negati�e impacts or iasues due to m��iin�activities ai�e identitied bti the Cit��or its
consultants during any of the monitorine described in the CUP or AOP,the City may request
additional monitorin�mav require the Applicant t�cea_se minin��rations, or.mav_consult
��ith other agencies to take appropriate actions.
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.
`��; i;2 The applicant must apply for and obtain an Annual Operating Permit from the City.
�;:� F+. The applicant shall,M-it-4}iH-H(1-<lays �°'�*��€��eselitiiei�on or before the earlier of
1 commencement ot�any Pi•oiect activities on the Pro,�ect Site or_(2)April 15.2013,provide
to the City an Irrevocable Letter of Credit,.l'erformancc Bond or other security satisfactory
to the City in the amount of$SSO,ODU 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.
84.The applicant shall pay all fees and escrows related to this application.
�1 S5. I he :lpplicant shall at all times com�l� tiith the terms and conditions oCthis Conditional
�se Permit.the Annual Operatin� Pennit and the De�_elopment Agreement.
Adopted by the Scandia City Council this 19th day of February,2013.
Randall Simonson,Mayor
ATTEST:
Kristina Handt,Administrator/Clerk
EXHIBIT A
Leaal Descriotion of Owner's Propertv
Resolution No.:
Page 13 of 15
DESCRIPTION OF PROPERTY
(Per Warranty Deed Doc.No.850286)
All that part of the Southwest Quarter of the Southwest Quarter(SW 1/4 of SW 1/4)of Section
18,Township 32 North,Range 19 West,described as follows,to-wit From a point on the South
line of Section 18,Township 32 North,Range 19 West,distant 171 feet East of the Southwest
corner thereof,run Northeasterly at an angle of 107 degrees 03 minutes with said South section
line(measured from W est to North),for a distance of 263.5 feet,thence deflect to the right at an
angle of 72 degrees 57 minutes for a distance of 1 13 feet,more or less to the point of begi�ning
(which point being on the Easterly right of way line of Trunk Highway 95 as now established
and being a distance of 100 feet from the centerline of Trunk Highway 95 measured at right
angle to said centerline),thence continuing Easterly for a distance of 375.4 feet,thence deflect to
the left at an angle of 89 degrees 00 minutes for a distance of 1048.3 feet,thence deflect to the
left at angle of 90 degrees 32 minutes for a distance of 75.5 feet to a point on the Easterly right of
way line of Trunk Highway 95 as now established and being a distance of]00 feet from the
centerline of Trunk Highway 95 centerline measured at right angle to said Trunk Highway 95
centerline,thence running Southwesterly along Easterly right of way line of Trunk Highway 95
to the point of beginning.
(Ver Warrac�ty Deed Doc.No.544408)
PARCEL A.
That part of the Northwest 1/4 of the Southwest 1/4 of Section 18,Township 32 North,
Range 19 West,Washington County,Minnesota,described as follows:Commencing at
the West quarter corner of Section 18;thence South 0 degrees 00 minutes assumed
bearing,along the West line of Section 18,a distance of 441.6 feet;thence North 89
degrees,58 minutes East,a distauce of 860.6 feet to the point of beginning,on the center
]ine of State Highway No.95:thence continuing North 89 degrees,58 minutes East,a
distance of 573 feet,more or less,to the East line of the Northwest 1/4 oF Southwest 1/4,
Section 18;thence Southerly along said East line,a distance of 863 feet,more or less,to
the Southeast corner of the Northwest 1/4 of Southwest 1/4,Section 18;thence W esterly,
along the South line of the Northwest 1/4 of the Southwest 1/4,Section 18,a distance of
874 feet,more or less,to the center line of State Highway No.95;thence Northeasterly
along said highway center line,a distance of 913 feet,more or less,to the point of
beginning.
PARCEI.B
The Southwest 1/4 of the Southwest 1/4 of Section 18,and the Northwest 1/4 of the
Northwest 1/4 of Section 19,both in Township 32 North,Range 19 West,excepting
therefrom the following:
(a)Al)those parts thereof that lie West of the Centerline of Counry State Aid
Highway No.53 and State Highway No.95.
(b)That part of the Southwest 1/4 of the Southwest 1/4 of Section 18,
Township 32 North,Range 19 West and that part of the Northwest 1/4 of the
Northwest 1/4 of Section 19,Township 32 North,Range 19 West,all in
Washington Couuty,Minoesota,described jointly as follows:
Commencing at the Southwest corner of said Section 18;thence East along the
South line of said Southwest 1/4 of the Southwest 1/4 of Section 18,a distance of
171 feet;thence Northeasterly,deflecting to the lefr 72 degrees,57 minutes,a
distance of 263.5 feet to a point hereinafter referred to as"Point A";thence East
parallel with the South line of said Southwest 1/4 of the Southwest 1/4 to the
point of beginning on the center line of State Highway No.95 as the same is now
laid out and traveled;thence continue East along same parallel line to a point
distant 870.5] feet East ot aforementioned"Point A",thence South at a right
angle,a distance of 1460 feet,more or less,to the North line of the South]00 feet
Resolu[ion No.:
Page 14 of 15
of the Northwest 1/4 of the Northwest 1/4 of Section 19;thence West along said
North line to the center liue of County Road No.53 as the same is now laid out
and traveled;thence Northwesterly along said center line to the intersection with a
line drawn perpendicular to the North line of said Section 19 from a point of said
North line distant 689.6 feet Easterly of the Northwest comer of Section 19;
thence Northerly along said perpendicular line 675 feet,more or less,to the South
line of the North 150 feet of said Section 19;thence West along the South line of
said North 150 feet,a distance of 443 feet,more or less,to the center line of State
Highway No.95;thence Northerly along said center line 403 feet,more or less,to
the point of beginning.
(c)Beginning at a point on the South line of said Section 18,distant 171 feet
East of the Southwest comer thereof,run Northeasterly at an angle]07 degrees,
03 minutes with said South Section line measured from West to North for a
distance of 263.5 fect;thence deflect to the right at an angle of 72 degrees,5 I
minutes for a distance of 113 feet more or less to the point of beginning,which
point being on the Easterly right-of-way line of Ilighway 95 as now established
and being a distance of 100 feet from center line of Highway 95 measured at right
angles to said centcr line;thence continuing Easterly for a distance of 375.4 feet;
thence deflect to the left at an angle of 89 degrees,00 minutes for a distance of
1,04A.3 feet;thence deflect to the left at an angle of 90 degrees,32 minutes for a
distance of 75.5 fee[to a point on the Easterly right-of-way]ine of Highway 95 as
now established,and being a distance of 100 feet from the center line of Highway
95 measured at right angles to said center line of Highway 95;thence run
Southwesterly along the Easterly right-of-way line of Trunk Highway 95 to the
point of beginning.
(d)That part of the Northwest 1/4 of the Northwest 1!4 of Section 19
described as follows Commencing at the Northwest comer of the Northwest 1/4
of the Northwest 1/4 of Section 19;thence East assumed bearing along the Norih
line of the Northwest 1/4 of the Northwest 1/4 a distance of 689.6 feet thence
South,at right angles,a distance of 150 feet to the point of beginning;thence
continuing South a distance of 675 feet,more or less,to the center line of County
State Aid Highway No.53;thence Northwesterly along said road center Iine,a
distance of440 feet,more or less,to the Easterly right-of-way line of State
Highway No.95;thence Northerly,along the Easterly right-of-way line a distance
of 340 feet,more or less,to the point of intersection with a line drawn parallel
with and distant 150 feet South of the North line of the Northwest 1/4 of the
Northwest 1/4 of Section]9;thence East along said line a distance of 3422 feet
to[he point of beginning.
PARCEL C
That part of the Sou[heast 1/4 of the Southwest 1/4,Section I 8,Township 32 North,
Range 19 West,W ashington County,Minnesota,which lies Westerly of the
Minneapolis,St Croix Railway Company right-of-way and also all that part of the
Northeast 1/4 ofthe Southwest 1/4;Section 18,Township 32 North,Range 19 West,
Washington County,Minnesota,described as follows Commencing at a stone
monument at the Southwest corner of the said Northeast 1/4-Southwest 1/4;thence
North along the West line ofthe said Northeast 1/4-Southwest 1/4 a distance of 17 rods
to an iron pipe monument thence North 75 degrees East a distance of 35 rods to an
iron pipe monument;thence South 30 degrees East,a distance of 25 rods to an iron
pipe monument in the South line of the said Northeast 1/4-Southwest 1/4;thence West
along the South line of the said Northeast 1/4-Southwest 1/4 a distance of 44 rods to
the point of beginning.
PARCEL D
That part of the Northeast 1/4 of the Northwest 1/4 of Section 19,Township 32,Range
. � • -
Resolution No.:
Page 15 of 15
19 lying West of the right-of-way of the Minneapolis,St.Paul and Sault Ste.Marie
Railway Company,as the same runs over and across said Vact,except that portion
thereof platted as Otisville.
All according to the United States Govemment Survey thereof,according to the recorded plat
thereof,and situate in Washington County,Minnesota.