9.c) Staff Report-AOP Resolution for Zavoral Mine , ��
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SCANDIA
Staff Renort
Date of Meeting: February 19, 2013
To: City Council
From: Kristina Handt, Administrator
Re: AOP Resolution for Zavoral Mine
Agenda Item#: 9.c)
The Resolution 02-19-13-OS included in your packet reflects the discussion from the February
12`h work session. The City Planner's staff report is also included in your packet.
At the work session on February 12th, there was some discussion about establishing an objective
standard (inches of rainfall per 24 hour period) that would trigger a site inspection to evaluate
erosion control or water quality issues. The Carnelian-Marine-St. Croix Watershed District will
be responsible for issuing the erosion control permit and monitoring related activities. As you
heard at the last meeting, inspections for erosion control are determined by the watershed board
and/or the administrator. Jim Shaver indicated they typically try to go out when an inch or more
has fallen in a 24 hour period.
Following the meeting, staff also contacted WCD about this issue. Typically, they try to capture
an event of 0.5 inches per 24 hours for a watershed such as this. They pointed out that there are
many variables to consider and automated sampling can be very site-specific when considering
the variability in actually capturing a representative sample and getting enough volume to
analyze everything that they want. Zavoral's can have very quick rising and falling limbs on the
hydrograph, which means maybe the trigger or the flow pacing need to be lowered. Usually
after the first few events, some procedures such as setting the trigger, flow pacing, sample size,
number of samples, etc. need to be tweaked. In other words, there's a learning curve that comes
along with a new automated sampling site. Other variables to consider are:
• How long has it been since the last event?
• How much of a difference will there be in discharge from a 1"event during drought
conditions vs. more saturated soil conditions?
• Do triggers need to be changed as the season progresses due to lower base flow?
• How many events have we been able to capture so far?
Given all of the variables, it makes sense to first establish a baseline before the mining
operations commence and then tweak the procedures as needed.
Because of all of the variables discussed, I would recommend the Council not establish a
standard in the resolution as it may need to be changed after monitoring begins. By establishing
a standard at this point, the Council would risk having language that may be too restrictive to
allow the other agencies to perform the sampling that is necessary in the future once some of the
variables are determined.
The proposed changes in Condition#1 were suggested by Attorney Miller.
The proposed changes in Condition #8 are a result of staff conversation with WCD staff after the
last meeting. The first change regarding the grab samples is suggested because while WCD will
make at least twice monthly visits to the site they may not be able to perform the grab samples if
there are flow issues. However, they will gather any data they can. The second change is just to
be consistent with Condition #7.
Options:
1) Approve Resolution 02-19-13-OS as proposed
2) Amend and then Approve Resolution 02-19-13-05.
3) Deny the Applicant's Request for an Annual Operating 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 grant an extension in writing, the application will be approved
with no conditions as the time allowed for review expires on February 20, 2013.
Recommendation:
Option 1 or 2.
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Saint Paul,MN 55101
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TKDA
Memorandum
To: Scandia City Council Reference: Zavoral Mine and Reclamation
Project Annual Operating Permit
Copies To: Kristina Handt, City
Administrator
Mike Caron, Tiller
Corporation
Project No.: 15023.010
From: Sherri Buss, RLA AICP, Routing:
City Planner
Date: February 14, 2012
SUBJECT: Tiller Corporation, Inc. -Annual Operating Permit (AOP)
Application for Zavoral Mine and Reclamation Project
MEETING DATE: February 19, 2013
LOCATION: East of the Intersection of State TH 97 and State TH 95
APPLICANT: Tiller Corporation
P.O. Box 1480
Maple Grove, Minnesota 55311
120-DAY PERIOD: February 20, 2013
ZONING: Agriculture District
ITEMS REVIEWED: Application, Plans and Related Submittals; EIS; CUP staff report;
Subconsultant recommendations for monitoring
BRIEF DESCRIPTION OF THE REQUEST:
Tiller Corporation has applied for a Conditional Use Permit and Annual Operating Permit (AOP)
to operate a gravel mine on the site of a dormant, unreclaimed gravel mine. The 114-acre site
(Site) is located along St. Croix Trail North (State Trunk Highway (TH] 95, a State Scenic
Byway, east of its intersection with Scandia Trail North (State TH 97). The applicant is
proposing that mining and reclamation will occur on 64 acres of the Site (the "Project"). 55
acres of the proposed Project are located on protions of the Site that were previously disturbed
by mining; a 9-acre area that was not mined in the past is proposed for mining. Four acres on
An employee owned company promoting affirmative action and equal opportunity
Zavoral Mine AOP
Scandia City Council Page 2 February 19, 2013
the Site are proposed for reclamation only. No processing or recycling activities are proposed
as part of the project.
The Applicant submitted the original application in November 2008, and an updated application
on October 9, 2012. The updated submittals are available on the City's website for review, and
include the following:
• Application Form and legal description, October 9, 2012
• Letter to the City, September 15, 2012, updating the application
• Land Features, Figure C-1A
• Site Plan 2013 Activity AOP
• Mining and Reclamation Phasing, Figures C1 through C5
• Zavoral Property Reclamation Plan, revised October 8, 2012
• Zavoral Mine and Reclamation Surface Water Plan, October 2012
• Savoral Mining and Reclamation Groundwater Quality Protection Plan, October 2012
• Stormwater Pollution Prevention Plan (SWPPP), July 24, 2012
• Zavoral Mine Dust Control Plan, Revised October 8, 2012
• Savoral Mine and Reclamation Project Emergency/Contingency Response Plan,
October 2012
The City's Mining Ordinance specifies an AOP cycle that coincides with the active mining
season. Applications are due by January 31 each year, so that permits can be approved before
the start of the mining season in that year.
The City is reviewing the application for the CUP for the Zavoral project concurrently with the
AOP application. If the CUP and AOP are approved, 2013 could be the first year of mine
operation. The conditions approved with the CUP and AOP will apply to the project and its
operation.
EVALUATION OF THE AOP REQUEST
The Applicant is requesting an Annual Operating Permit(AOP)for a mining operation. The
permit requirements are governed by the City's Ordinance No. 103, Regulation of Mining and
Related Activities, which is Chapter 4 of the Development Code. The Ordinance requires
review of the following items for the AOP:
1. The operating conditions of the previous year and evaluation of compliance with the CUP
conditions.
2. Proposed operating conditions and any variation from the previous year.
3. Results of the annual inspection by the City.
The ProjecYs first year of operation will be 2013 if the CUP is approved. Therefore, the
proposed conditions for the CUP and proposed operations (item #2) are the focus of this staff
report.
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Scandia City Council Page 3 February 19, 2013
CONDITIONAL USE PERMIT REQUIREMENTS
The City of Scandia is considering Tiller's application for a Conditional Use Permit for mining
and reclamation activities at the Zavoral Site. The project will need to comply with the CUP if it
is approved for the Project. The CUP conditions specific to the first year of operation include
items that need to be completed before mining operations begin, or shall be completed during
the first year of operation, as indicated on the following table. These conditions will not be
repeated in the AOP.
CUP Condition Deadline Status
Specified
in CUP
1. Comply with CUP Ongoing Compliance will be monitored by City staff
and consultants.
2. Comply with applicable Ongoing Compliance will be monitored by City staff
rules and re ulations and consultants.
3. Maximum depth of Ongoing Maximum depth of mining to be 840 feet
mining above mean seal level (amsl). Separation
between maximum depth of mining and
ground water to be 25 feet or more. Ground
water levels to be monitored and reported on
a uarterl basis to the MN DNR.
6. Production Ongoing Daily pumping from the Zavoral Site Well
shall not exceed 10,000 gallons at maximum
um in rate of 1,200 allons er minute. .
7. Production Well Annual reporting Tiller shall keep production well records and
Records provide the records to the City, WCD,
Washington County Department of Public
Health and MN DNR.
8. Revise Groundwater Within 60 days of Tiller shall submit the revised plan to City.
Protection Plan a roval of CUP
10. Monitoring activities Ongoing Tiller shall cooperate with monitoring
activities completed by the City and its
consultants for groundwater and related
resources, surface water, noise, air pollution
and dust, traffic and mine operations, as
s ecified in the CUP and AOP.
16 & 17. Obtain required Before Tiller shall obtain required stormwater permits
stormwater permit and commencement from CMSCWD and MPCA and implement
implement BMP's of mine the BMP's included in the SWPPP and
o erations rovide co ies of the ermits to the Cit .
18. Obtain required Air Before Tiller shall obtain the required Air Emissions
Emissions Permit commencement Permit from the MPCA and provide a copy of
of mine the permit to the City.
o erations
19. Obtain Endangered if required by Tiller shall obtain the permit before removal of
Species Take Permit DNR any Butternut trees if MN DNR reclassifies
for Butternut trees Butternut as an Endangered Species.
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Scandia City Council Page 4 February 19, 2013
CUP Condition Deadline Status
Specified
in CUP
20. Blanding's Turtles Before Tiller shall provide a copy of its operating
Recommendations commencement procedures for minimizing impacts to
of mining Blanding's Turtles to the City. City will
o erations monitor im lementation.
28-30. Access permit and Before Tiller shall obtain the required Mn/DOT
construction commencement Access Permit (TP 1721) and construct the
of mining required access and turn lane.
o erations
31. Truck records Submit with 2014 Tiller shall record and report the numbers of
AOP Application trucks hauling Class C add-rock as required
in the CUP.
34. Truck warning signs Before If approved by Mn/DOT, Tiller shall install
commencement truck warning signs as required by the CUP.
of mining
operations
37. Fence Before Tiller shall construct the fence shown on the
commencement plans before mining operations begin.
of mining
o erations
40. Update Dust Control Within 60 days of Tiller shall update the Dust Control Plan and
Plan approval of the provide a copy to the City.
CUP
54. Bike Trail With construction Tiller shall fund improvements to the existing
of new access bicycle/pedestrian trail during construction of
the new access to the Site. City to obtain
Limited Use Permit from Mn/DOT for
maintenance.
55. Update Reclamation Within 60 days of Tiller shall provide an updated Reclamation
Plan approval of the Plan to the City.
CUP
61. Annual reclamation Submit with 2014 Tiller shall submit an annual reclamation
monitorin re ort AOP a lication monitorin re ort to the Cit .
74. Developer Agreement Within 60 days of Tiller shall complete a developer agreement
and Financial Security approval of the and provide acceptable financial security to
CUP the Cit .
OPERATING CONDITIONS - EVALUATION FOR THE AOP
Site Operations - Background Information
Tiller's application indicates that mining operations at the Zavoral site will begin in 2013 if the
City approves the CUP for the site. Activities during the first year of operations will include
construction of the new site access drive and right turn lane, construction of the haul road into
the site, and clearing and stripping of the Phase I mining area. Mining will begin in the Phase I
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Scandia City Council Page 5 February 19, 2013
Mining area and Reclamation will begin in the Phase I Reclamation Area. These areas are
shown on the AOP Site Plan, attached.
The sections that follow review the Ordinance 103 requirements for Operating Conditions at the
site (Section 7), and describe the proposed site operations and how they relate to the
requirements. The sections and staff recommendations identify the proposed conditions for the
AOP that related to site operations in 2013.
Ground Water Monitoring Plan and Monitoring Issues
Tiller submitted a Groundwater Protection Plan (GWPP)with the CUP Application. Legette,
Brashears and Graham, Inc. (LBG), the City's groundwater consultant, reviewed plan, and
provided comments. The plan meets the ordinance reauirements.
LBG suggested that some revisions be completed to the GWPP, and provided proposed
conditions for the AOP that include locations for monitoring wells and a monitoring protocol
for the first year of mine operation. The CUP requires that Tiller update the GWPP based
on LBG's comments. LBG's conditions for monitoring are included in the proposed
conditions for the AOP. The City will review the monitoring results during 2013, and may
make changes in the monitoring requirements and protocol for the 2014 AOP.
Setbacks
The AOP application and plan indicates that the minimum setbacks are maintained as follows:
• 50 feet from the adjoining property line
• 200 feet from an existing occupied structure
• 100 feet from residential property boundaries of 5 acres or less
• 100 feet from any road right-of-way
The setbacks meet the reauirements of Ordinance No. 103.
Fencing
The application indicates that a portion of the site is fenced with a four-foot high chain link fence.
Existing berms and vegetation create the boundaries of other portions of the site. There is a
locking metal gate at the entrance to the site. The applicant is planning to add additional fencing
and "no trespassing signs" on site boundary areas near TH 95. The fencinq and berms meet
the reauirements of the Citv's Ordinance.
Hours of Operation
The CUP conditions require that the hours of operation and hauling include 7 a.m. to 7 p.m.
Monday through Thursday, and 7 a.m. to 2 p.m. Friday except 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 of operation.
The Applicant is required to obtain the City's permission for any extended hours in accordance
with procedures set in Ordinance No. 103. The hours meet the reauirements of Ordinance No.
103.
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Screening
The application notes that existing screening berms, wooded buffer areas, State Trunk Highway
95 and agricultural fields separate the property from surrounding properties. The site plan
identifies existing screening trees (northwest boundary of site), existing berms on the west
boundary of the site, and additional screening berms on the south boundary of the site that will
be constructed during the initial year of operation to screen the Phase I activities. The CUP and
AOP conditions require construction of the berms identified for Phase I and reauire that existina
trees and screeninq be maintained on the northwest and west boundaries of the site.
Dust Control
The CUP includes conditions that Tiller obtain the required MPCA Air Emissions Permit before
commencing operations at the site, and provide a copy of the approved permit to the City.
The application included a proposed Dust Control Plan for the site. The site plan and Dust
Control Plan address the ordinance requirements for operating conditions, including:
• The required 50-foot setback for the driveway access from neighboring properties.
• The specific items that must be included in the Dust Control Plan to minimize dust and
potential pollution.
• The main haul road will be paved for the first 300 feet into the site and asphalt millings
will be applied to the main haul road within the site, per the ordinance requirements.
• The Stormwater Management Plan BMP's and CUP conditions require Tiller to minimize
soil tracking by trucks on roadways
The Plan was reviewed on behalf of the City by Dave Gutterud, Indoor Environment Group Inc.
Mr. Gutterud identified a proposed monitoring protocol for the site, and suggested some
changes to the Dust Control Plan. The CUP conditions require that Tiller update the Dust
Control Plan within 60 days of the approval of the CUP, that Tiller implement the approved Dust
Control Plan and CUP conditions related to dust and air quality, and that Tiller cooperate with
the City and its consultant to implement the dust control monitoring at the site. The monitoring
that is required in the proposed AOP conditions includes monitoring for compliance with the
MPCA Air Emissions Permit as well as monitoring for respirable dust particles (silica). With the
imqlementation of the proqosed CUP and AOP conditions, the Proiect will meet the ordinance
reQuirements.
Noise
The CUP includes a condition that the Applicant must comply with the MPCA's State Noise
Standards. The condition indicates that if noise levels at the Project site exceed state
standards, the applicant will identify and take corrective actions to bring the noise levels into
compliance. The City may order additional testing to confirm compliance with the noise
standards. The CUP also includes conditions the require the use of broadband alarms on Tiller-
owned equipment, circular traffic patterns to minimize back-up noise, regular muffler inspection,
and minimizing the time when equipment and haul trucks operate without noise mitigation from
the existing and required berms and mine face.
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Zavoral Mine AOP
Scandia City Council Page 7 February 19, 2013
The proposed conditions for the AOP specify the noise monitoring that will occur at the site
during the first year of operations. The City may modify the conditions if needed for the 2014
AOP. With the implementation of the proposed CUP and AOP conditions the Project will meet
the ordinance requirements.
Depth of Excavation
The ordinance requires that the establishment of a maximum depth of mine operation, and
prohibits dewatering. The CUP conditions include a condition that establishes a maximum
depth of mine operation at 840 feet above mean sea level (amsl) and a minimum 25-foot
separation from ground water. The conditions require regular monitoring and reporting on
ground water conditions at the site to the City, Minnesota DNR, CMSCWD and Washington
County.
Tiller installed the monitoring wells that are required in the CUP conditions on the site in
January, 2013. The proposed conditions for the AOP require that the City or its consulting
hydrogeologist (LBG) make monthly visits to download the groundwater monitoring data and
collect manual measurements. The hydrogeologist will report the results at least annually to the
City, or more frequently if he identifies issues or problems. The City will review the depth of
mining annually as part of its site visit and monitoring activities. The proposed depth of
excavation and monitorinq meet the ordinance requirements.
Site C/earance
The ordinance requires that stumps and other debris resulting from site clearance and
excavation be disposed of by approved methods, and this condition is included in the CUP. Site
clearing in the Phase I Mining area will begin in 2013 and the City will inspect the site to
determine whether the applicant has complied with this condition and report on the inspection
results for the 2014 AOP application for site operations. The proposed activities meet the
ordinance requirements.
Appearance/Condition
The CUP includes a condition that the site be maintained in an orderly condition, and control
weeds in planted and reclaimed areas. The City will inspect the site during mining operations in
2013 to confirm that the site and facilities are maintained in a neat condition and include the
inspection results in the review of the 2014 AOP application for site operations. The application
meets the ordinance reQuirements.
Sanitary Facilities
The application indicates that portable sanitary facilities will be provided at the site. This meets
the requirements of the City's ordinance and conditions for the CUP. The proposed facilities
meet the ordinance requirements.
Waste Disposal
The CUP requires that the applicant dispose of any solid waste generated by the operation in
accordance with Federal, State and City requirements. The City will inspect the site to
determine whether the applicant has complied with this condition and report on the inspection
results for the 2014 AOP application for site operations. The proposed methods meet the
ordinance requirements.
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Scandia City Council Page 8 February 19, 2013
Water Quality Monitoring Plan
The CUP includes conditions that require regular monitoring of surface water, groundwater, and
groundwater-dependent resources at the site. The conditions require that the applicant
cooperate with the City and its consultants so that the monitoring and reporting may be
completed as required.
The Planner has included proposed conditions for the AOP that specify the monitoring methods
and protocols for the water quality monitoring at the site during 2013. These conditions may be
revised for 2014, based on the results of 2013 monitoring. With the implementation of the
proposed CUP and AOP conditions the Proiect will meet the ordinance requirements.
Fue/and Chemica/Storage
No fuel or chemical storage are proposed at the site in 2013. The CUP includes conditions to
address any storage proposed in the future.
Contingency Response Plan
The application included an Emergency/Contingency Response Plan. The plan will be kept on-
file at the City for access by emergency personnel. The plan meets the ordinance
re4uirements.
Processing and Recycling Operations
No processing or recycling are proposed at the Zavoral site.
Trucking Operations
The ordinance requires that all mining operations have access from a nine-ton blacktop,
concrete or gravel road. The CUP conditions require that Tiller construct the new driveway
access from State TH 95 to the site and obtain the required Mn/DOT Access Permit for the
project, to meet the ordinance requirement.
The proposed conditions for the AOP include a condition that Tiller inform all contractors about
the following requirements related to trucking operations, and monitor compliance with the
requirements by all of its contractors:
• Engine braking is prohibited in Scandia per City ordinance.
• Lofton Avenue is restricted to daytime use only.
• Loads are required to be covered.
The proposed conditions for the AOP also include specific monitoring activities for trucking
operations in 2013 to ensure that the numbers of trucks and operations address the CUP
requirements and findings of the Zavoral Mine and Reclamation Project EIS. With the
imqlementation of the proposed CUP and AOP conditions, the Proiect will meet the ordinance
requirements.
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Scandia City Council Page 9 February 19, 2013
Reclamation P/an
The applicant submitted a Reclamation Plan with the CUP. The City and WCD reviewed the
Reclamation Plan, and required some changes to the plan. The CUP requires that Tiller submit
an updated plan within 60 days of approval of the CUP. The CUP also includes conditions
related to the implementation and monitoring of reclamation at the site.
The AOP application indicates that reclamation activities will begin in the Phase I area in 2013—
the northeastern portion of the Project site. This area is within the St. Croix River District and
Scenic Easement Area. The applicant has provided a cost estimate for the proposed Phase I
activities. The Phase I reclamation activities will include the following:
• Removal of existing stockpiles from previous mining and minor grading
• Seeding and establishment of native dry and mesic prairie seed mixes
• Planting native white pine trees (transplanted from other areas of the site)
The Planner's proposed conditions for the AOP include site monitoring and the submission of
progress reports to the City. The CUP conditions require corrective action if the monitoring finds
that the reclamation activities are not meeting the CUP requirements. With the implementation
of the proposed CUP and AOP conditions the Proiect will meet the ordinance requirements.
Relationship of Proposed Site Operations to the Scandia Mine Site
The EIS for the Zavoral Mine site analyzed potential impacts of site operations on the Scandia
Mine Site. Material mined at the Zavoral Mine will be trucked to the Scandia Mine Site. The
CUP for the Zavoral Site includes conditions related to trucking operations for the material that
is transported from the Zavoral to the Scandia site.
The City received Tiller's application for an AOP for operation of the Scandia Site in 2013 on
January 31, 2013. The Council will review this application at its March 19, 2013 meeting.
SITE INSPECTION
The City will complete site inspections at the Zavoral Site in 2013 as needed to assure
compliance with the CUP and AOP conditions.
ACTION REQUESTED:
The City Council can:
1. Approve the AOP;
2. Approve the AOP with conditions;
3. Deny the application if it is found that the request is not consistent with the
Comprehensive Plan, CUP, AOP Criteria, and Mining Ordinance, and is not in the best
interest of the community;
4. Table the request if the Council needs additional information to make its decision.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of the Tiller Corporation 2013 AOP for sand and gravel
mining, hauling and reclamation at the Zavoral Site, with the following conditions:
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Scandia City Council Page 10 February 19, 2013
1. All site operation and reclamation activities shall meet the requirements of the Conditional
Use Permit for the Project, approved by the City on February 19, 2013.
2. Site operations in 2013 shall be consistent with the application and plans submitted to the
City in November 2008, and as required by the Conditional Use Permit and these
conditions.
3. The applicanYs requests for operating hours or haul routes outside those specified in the
Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by
staff.
4. The applicant shall inform all of its contractors about the following requirements related to
trucking operations, and monitor compliance with the requirements by all of its contractors:
a. Engine braking is prohibited in Scandia per City Ordinance.
b. Lofton Avenue is restricted to daylight hours only as defined in the CUP for the
Zavoral Mine and Reclamation Project.
c. Haul loads are required to be covered.
5. The City or its consultants shall monitor the potential impacts of mining activities on the
ground and surface water resources at the site while mining activities are occurring at the
site. The applicant shall cooperate with the City as requested to complete the monitoring
activities. The City shall submit all status reports and ground and surface water monitoring
reports to the applicant, CMSCWD, the WCD and the Minnesota DNR.
6. The City's consulting hydrogeologist shall make monthly site visits to download groundwater
monitoring data and collect manual measurements. Monitoring shall occur during all months
when the mine is in operation. The hydrogeologist shall evaluate the data and report the
results to the City at least quarterly or more frequently if the consultant identifies issues or
problems during the monitoring activity.
7. The City or its consultant shall install a monitoring station upstream of or near the existing
monitoring station near Crystal Springs in order to isolate potential effects due to mining
from other effects to due unrelated activities within the watershed. The applicant shall
permit installation of the monitoring station on the Project Site if requested. 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. Monitoring shall occur during all
months when the mine is in operation.
8. The City or its consultant shall visit the monitoring sites on Zavoral Creek and near Crystal
Springs at least twice per month to download the automated data loggers at the monitoring
stations and perform grab samples for analysis and analyze the water quality and quantity
data gathered at the site. Monitoring shall occur during all months when the mine is in
operation. The consultant may also visit the site after large storm events to gather and
analyze monitoring data. If the consultant detects any negative impact to Zavoral Creek or
Crystal Springs they will notify the City immediately. The consultant shall provide a
summary of the monitoring data and analysis in by early January for use in the AOP
evaluation.
9. The applicant shall provide the wetland delineation boundary data to the City or its
consultant in a Geographic Information System format (such as an ArcGIS shapefile) that
was obtained as part of the wetland delineation conducted by Critical Connections
Ecological Services (CCES) in October, 2010.
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10. If a change to the boundaries of the wetlands within the project area is observed that cannot
be attributed to climatic influences or other local disturbances not related to mining, the City
shall require that quantitative monitoring (including but not limited to, the installation of
shallow monitoring wells and piezometers) be initiated for all wetlands within the project
area. This monitoring could include the installation of wetland hydrology monitoring
equipment along multiple transects across each wetland boundary. The City may conduct
this comprehensive monitoring to verify whether the Zavoral Mine is causing the changes to
the wetlands. If the City determines that the Zavoral Mine is impacting the wetlands, the
quantitative data will be used by the City in consultation with the Technical Evaluation Panel
to prepare a Restoration Order and calculate the required replacement for unpermitted
wetland impacts.
11. The City or its consultant shall complete twice annual macro-invertebrate monitoring on
Zavoral Creek and provide this information to the CMSCWD.
12. The City or its consultant shall perform periodic on-site review and monitoring of dust control
activities to assure compliance with this permit. Monitoring shall occur during all months that
the mine is in operation. The applicant shall cooperate with the City as requested to
complete the monitoring activities.
13. The City or its consultant shall establish air monitoring stations at a minimum of five
locations: upwind of mining and loading operations, downwind of mining and loading
operations, at the site entrance, downwind of the site entrance, and downwind of one
location on the haul route. The City may establish additional monitoring locations based on
City or public concerns.
14. The air quality monitoring plan shall include the collection of the following samples at each
sampling location: Airborne particulate matter PM10 (monitor using a fibrous aerosol monitor
fitted with a PM10 impactor); Respirable dust (using cyclones/37mm PVC cassettes and lab
analysis [NIOSH method 0600/7500; mod OSHA ID-142]); Respirable silica, quantitative
(using cyclones/37mm PVC cassettes and lab analysis); Diesel particulates (37 Quartz Fiber
NIOSH 5040) and Nitrogen dioxide (TEA Tude, OSHA ID-1820; or equipment and methods
that meet current OSHA or State standards. A monitoring station for respirable dust and
respirable silica shall be established as close as possible to and downwind of the on-site
operations.
15. The City and its consultant shall analyze and compare the air monitoring results to current
State and Federal Ambient Air Quality Standards, ACHIG TLV or OSHA PELS or current
applicable standards.
16. If sample results indicate levels above generally accepted or mandated action levels, the
applicant shall stop all work on the site, review operating procedures and modify Project
operations as necessary to reduce emissions. The City shall complete additional monitoring
immediately after new procedures are in place to confirm that an acceptable reduction in
emissions has occurred.
17. The applicant shall water and wash haul roads on the site during active mining operations,
in accord with the applicanYs updated Dust Control Plan, unless recent precipitation is
keeping haul roads washed and wet.
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18. The applicant shall wash hauling and loading equipment on a regular basis during active
mining operations.
19. 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.
20. The City and its consultant shall complete noise monitoring at the Project site. The
applicant shall cooperate with the City as requested to complete the monitoring activities.
21. Noise monitoring shall include identification of one or two worst-case representative
residential locations for each phase of mining and conduct at least one hour of monitoring at
each location on a quarterly basis during operations in the morning and one hour of
monitoring during operations in the afternoon.
22. Noise monitoring shall include at least one hour of monitoring at a representative location
along the St. Croix Scenic Riverway quarterly during mining operations.
23. A noise monitoring event will be conducted within three weeks of the beginning of each
mining phase, weather permitting, during a typical haul event. The City may conduct
additional monitoring if needed based on site conditions. Monitoring shall be conducted in
accord with Minnesota Rules.
24. The City shall notify residents of monitoring periods and request access to properties as
necessary to conduct monitoring activities.
25. If monitoring results indicate levels above state standards, the applicant shall stop all work
on the site, review operating procedures and modify Project operations as necessary to
reduce noise to permitted levels. The City shall complete additional monitoring immediately
after new procedures are in place to confirm that an acceptable reduction in noise has
occurred.
26. The City or its consultant shall complete traffic monitoring of the Project. The applicant shall
cooperate with the City as requested to complete the monitoring activities.
27. The City or its consultant shall complete a 14-hour video log of the TH 97 and 95
intersection that shall include the new access to the Zavoral site and count the numbers of
trucks entering and exiting the site. The City's consultant shall review the log, and shall
provide a summary of the observations related to traffic operations to the City, and identify
any issues or problems related to the conditions required for operations. If issues are
identified, the City may order additional video traffic counts.
28. The City shall review the crash records for the roadways in the area that will be used for
truck-hauling every six months, to identify safety issues. The City shall contact Mn/DOT to
discuss safety issues if identified.
29. The City and its consultants shall complete monitoring of reclamation activities on the site on
behalf of the City. The applicant shall cooperate with the City as requested to complete the
monitoring activities. The City shall inspect the reclamation activities on an as-needed
basis.
1
Zavoral Mine AOP
Scandia City Council Page 13 February 19, 2013
30. The applicant shall submit to the City quarterly reclamation activity progress reports during
the growing season post-seed installation of reach monitoring area, and shall submit an
annual reclamation report with the AOP application for 2014.
31. The City or its consultant shall monitor the transplanted trees to ensure the survival rate
required by the CUP.
Adopted by the Scandia City Council this 19th day of February, 2013.
Randall Simonson, Mayor
ATfEST:
Kristina Handt, Administrator/Clerk
1
CITY OF SCANDIA
RESOLUTION NO. 02-19-13-OS
RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION
OF TILLER CORPORATION FOR THE ZAVORAL SAND AND GRAVEL MINE AND
RECLAMATION PROJECT
WHEREAS, Tiller Corporation("Applicant")has applied for an Annual Operating
Permit (AOP) to operate the Zavoral 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 Property 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, including the required Environmental Assessment Worksheet(EAW);
and submitted an updated application on October 9, 2012; and
WHEREAS, the Site proposed for 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 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
WAEREAS,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
4410.2800 and the requirements of Minnesota Statutes Chapter 116D on September 25, 2012;
and
WHEREAS the City approved a Conditional Use Permit for the Zavoral Mine and
Reclamation project on February 19, 2013; and
WHEREAS, the Scandia City Council reviewed the AOP application at its regular
meetings on February 12 and 19, 2013; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does find that the Annual Operating Permit for 2013 for the Zavoral Mine and
Reclamation Project shall be and hereby is issued, with the following conditions made a part
thereof:
Resolution No.: 02-19-13
Page 2 of 8
1. All site operation and reclamation activities shall in addition to the requirements of the
Conditional Use Permit and this Annual Operatin�Permit comply with and be �overned bv
the Conditional Use Permit Compliance and Reclamation Agreement between the Citv,the
Applicant and the Owner **'� �*" ^�'+''�r'^"'"*' "' i r"o Dv====�� �=�''�
�t-e�ee�;approved by the City on February l 9, 2013.
2. Site operations in 2013 shall be consistent with the application and plans submitted to the
City in November 2008, and as required by the Conditional Use Permit and these conditions.
3. The applicant's requests for operating hours or haul routes outside those specified in the
Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by
staff.
4. The applicant shall inform all of its contractors about the following requirements related to
trucking operations, and monitor compliance with the requirements by all of its contractors:
a. Engine braking is prohibited in Scandia per City Ordinance.
b. Lofton Avenue is restricted to daylight hours only as defined in the CUP for the
Zavoral Mine and Reclamation Project.
c. Haul loads are required to be covered.
5. The City or its consultants shall monitor the potential impacts of mining activities on the
ground and surface water resources at the site while mining activities are occurring at the
site. The applicant shall cooperate with the City as requested to complete the monitoring
activities. The City shall submit all status reports and ground and surface water monitoring
reports to the applicant, CMSCWD, the WCD and the Minnesota DNR.
6. The City's consulting hydrogeologist shall make monthly site visits to download
groundwater monitoring data and collect manual measurements. Monitoring shall occur
during all months when the mine is in operation. The hydrogeologist shall evaluate the data
and report the results to the City at least quarterly or more frequently if the consultant
identifies issues or problems during the monitoring activity.
7. The City or its consultant shall install a monitoring station upstream of or near the existing
monitoring station near Crystal Springs in order to isolate potential effects due to mining
from other effects to due unrelated activities within the watershed. The applicant shall
permit installation of the monitoring station on the Project Site if requested. 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. Monitoring shall occur during
all months when the mine is in operation.
8. The City or its consultant shall visit the monitoring sites on Zavoral Creek and near Crystal
Springs at least twice per month to download the automated data loggers at the monitoring
� stations and �ather data for analysis and analyze the water quality and
quantity data gathered at the site. Monitoring shall occur during all months when the mine is
in operation. The consultant may also visit the site after large storm events to gather and
analyze monitoring data. If the consultant detects any negative impact to Zavoral Creek or
I Crystal Springs, due to the Zavoral Mine operation, they will notify the City immediately.
Resolution No.: 02-19-13
Page 3 of 8
The consultant shall provide a summary of the monitoring data and analysis by early January
for use in the AOP evaluation.
9. The applicant shall provide the wetland delineation boundary data to the City or its
consultant in a Geogaphic Information System format (such as an ArcGIS shapefile)that
was obtained as part of the wetland delineation conducted by Critical Connections Ecological
Services (CCES) in October, 2010.
10. If a change to the boundaries of the wetlands within the project area is observed that cannot
be attributed to climatic influences or other local disturbances not related to mining, the City
shall require that quantitative monitoring(including but not limited to, the installation of
shallow monitoring wells and piezometers)be initiated for all wetlands within the project
area. This monitoring could include the installation of wetland hydrology monitoring
equipment along multiple transects across each wetland boundary. The City may conduct
this comprehensive monitoring to verify whether the Zavoral Mine is causing the changes to
the wetlands. If the City determines that the Zavoral Mine is impacting the wetlands,the
quantitative data will be used by the City in consultation with the Technical Evaluation Panel
to prepare a Restoration Order and calculate the required replacement for unpermitted
wetland impacts.
11. The City or its consultant shall complete twice annual macro-invertebrate monitoring on
Zavoral Creek and provide this information to the CMSCWD.
12. The City or its consultant shall perform periodic on-site review and monitoring of dust
control activities to assure compliance with this permit. Monitoring shall occur during all
months that the mine is in operation. The applicant shall cooperate with the City as
requested to complete the monitoring activities.
13. The City or its consultant shall establish air monitoring stations at a minimum of five
locations: upwind of mining and loading operations, downwind of mining and loading
operations, at the site entrance, downwind of the site entrance, and downwind of one location
on the haul route. The City may establish additional monitoring locations based on City or
public concerns.
14. The air quality monitoring plan shall include the collection of the following samples at each
sampling location: Airborne particulate matter PM 10 (monitor using a fibrous aerosol
monitor fitted with a PM10 impactor); Respirable dust(using cyclones/37mm PVC cassettes
and lab analysis [NIOSH method 0600/7500;mod OSHA ID-142]); Respirable silica,
quantitative(using cyclones/37mm PVC cassettes and lab analysis); Diesel particulates (37
Quartz Fiber NIOSH 5040) and Nitrogen dioxide(TEA Tude, OSHA ID-1820; or equipment
and methods that meet current OSHA or State standards. A monitoring station for respirable
dust and respirable silica shall be established as close as possible to and downwind of the on-
site operations.
15. The City and its consultant shall analyze and compare the air monitoring results to current
State and Federal Ambient Air Quality Standards, ACHIG TLV or OSHA PELS or current
applicable standards.
Resolution No.: 02-19-13
Page 4 of 8
16. If sample results indicate levels above generally accepted or mandated action levels, the
applicant shall stop all work on the site, review operating procedures and modify Project
operations as necessary to reduce emissions. The City shall complete additional monitoring
immediately after new procedures are in place to confirm that an acceptable reduction in
emissions has occurred.
17. The applicant shall water and wash haul roads on the site during active mining operations, in
accord with the applicant's updated Dust Control Plan,unless recent precipitation is keeping
haul roads washed and wet.
18. The applicant shall wash hauling and loading equipment on a regular basis during active
mining operations.
19. 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.
20. The City and its consultant shall complete noise monitoring at the Project site. The applicant
shall cooperate with the City as requested to complete the monitoring activities.
21. Noise monitoring shall include identification of one or two worst-case representative
residential locations for each phase of mining and conduct at least one hour of monitoring at
each location on a quarterly basis during operations in the morning and one hour of
monitoring during operations in the afternoon.
22. Noise monitoring shall include at least one hour of monitoring at a representative location
along the St. Croix Scenic Riverway quarterly during mining operations.
23. A noise monitoring event will be conducted within three weeks of the beginning of each
mining phase, weather permitting, during a typical haul event. The City may conduct
additional monitoring if needed based on site conditions. Monitoring shall be conducted in
accord with Minnesota Rules.
24. The City shall notify residents of monitoring periods and request access to properties as
necessary to conduct monitoring activities.
25. If monitoring results indicate levels above state standards, the applicant shall stop all work on
the site, review operating procedures and modify Project operations as necessary to reduce
noise to permitted levels. The City shall complete additional monitoring immediately after
new procedures are in place to confirm that an acceptable reduction in noise has occurred.
26. The City or its consultant shall complete traffic monitoring of the Project. The applicant
shall cooperate with the City as requested to complete the monitoring activities.
27. The City or its consultant shall complete a 14-hour video log of the TH 97 and 95
intersection that shall include the new access to the Zavoral site and count the numbers of
trucks entering and exiting the site. The City's consultant shall review the log, and shall
provide a summary of the observations related to traffic operations to the City, and identify
any issues or problems related to the conditions required for operations. If issues are
identified, the City may order additional video traffic counts.
Resolution No.: 02-19-13
Page 5 of 8
28. The City shall review the crash records for the roadways in the area that will be used for
truck-hauling every six months, to identify safety issues. The City shall contact Mn/DOT to
discuss safety issues if identified.
29. The City and its consultants shall complete monitoring of reclamation activities on the site on
behalf of the City. The applicant shall cooperate with the City as requested to complete the
monitoring activities. The City shall inspect the reclamation activities on an as-needed basis.
30. The applicant shall submit to the City quarterly reclamation activity progress reports during
the growing season post-seed installation of reach monitoring area, and shall submit an
annual reclamation report with the AOP application for 2014.
31. The City or its consultant shall monitor the transplanted trees to ensure the survival rate
required by the CUP.
Adopted by the Scandia City Council this 19th day of February, 20l 3.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
Resolution No.: 02-19-13
Page 6 of 8
EXHIBI'I'A
Legal Description of Owner's Proaertv
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 ]8,Township 32 North, Range 19 West,distant 171 feet East of the Southwest
corner thereof,run Nartheasterly at an angle of 107 degrees 03 minutes with said South section
line(measured from West 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 113 feet,more or less to the point of beginning
(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 10483 feet,thence deflect to the
left at angle of 90 degrees 32 minutes far 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 100 feet from the
centerline of Trunk Highway 95 centerline measured at right angle to said 7�runk Highway 95
centerline, thence running Southwesterly along Easterly right of way line of Trunk Highway 95
to the point of beginning.
(Per Warranty 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 l 8,a distance of 441.6 feet;thence North 89
degrees, 58 minutes East, a distance of 860.6 feet to the point of beginning,on the center
line of State Highway No. 95: thence continuing North 89 degrees, 58 minutes East,a
distance of 573 feet, more or less, to the East]ine 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 Westerly,
along the South line of the Northwest 1/4 of the Southwest 1/4, Section l8,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.
PARCEL B
The Southwest 1/4 of the Southwest 1/4 of Section 18, and the Northwest 1/4 of the
Northwest 1 J4 of Section ]9,both in Township 32 North,Range 19 West,excepting
therefrom the following:
(a)All those parts thereof that lie West of the Centerline of County 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 NortY�,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 County,Minnesota, described jointly as follows:
Commencing at the Southwest corner of said Section 18; thence East along the
South line of said Southwest l/4 of the Southwest 1/4 of Section 18, a distance of
171 feet; thence Northeasterly, deflecting to the left 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
Resolution No.: 02-19-13
Page 7 of 8
laid out and traveled;thence continue East along same parallel line to a point
distant 870.51 feet East of aforementioned"Point A",thence South at a right
angle,a distance of 1460 feet,more or less,to the North line of the South l00 feet
of the Northwest 1/4 of the Northwest 1/4 of Section 19;thence West along said
North line to the center line 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 corner 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 107 degrees,
03 minutes with said South Section line measured from West 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 113 feet more or less to the point of beginning,which
point being on the Easterly right-of-way line of Highway 95 as now established
and being a distance of 100 feet from center line of Highway 95 measured at right
angles to said center 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
1,0483 feet;thence deflect to the left at an angle of 90 degrees,32 minutes for a
distance of 75.5 feet to a point on the Easterly right-of-way line 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 i/4 of Section 19
described as follows:Commencing at the Northwest corner of the Northwest 1/4
of the Northwest 1/4 of Section 19;thence East assumed bearing along the North
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 line,a
distance of 440 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 19;thence East along said line a distance of 342.2 feet
to the point of beginning.
PARCEL C
That part of the Southeast 1/4 of the Southwest 1/4,Section 18,Township 32 North,
Range 19 West,Washington County,Minnesota,which lies Westerly of the
Minneapolis, St.Croix Railway Company right-of-way and also ali that part of the
Northeast 1/4 of the 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 of the 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 ]/4 a distance of 44 rods to
the point of beginning.
Resolution No.: 02-19-13
Page 8 of 8
PARCEL D
That part of the Northeast 1/4 of the Northwest 1/4 of Section 19,Township 32, Range
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 tract,except that portion
thereof platted as Otisville.
All accarding to the United States Government Survey thereof,according to the recorded plat
thereof,and situate in Washington County,Minnesota.
I