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9.c) Staff Report-AOP Resolution for Zavoral Mine , �� � , � .--s � �, �. IJ.. , �� � 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. ��. ;� 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 ° � 651.292.4400 tkda.com � � � 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. 7 Zavoral Mine AOP 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. 7 Zavoral Mine AOP 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 1 Zavoral Mine AOP 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. 1 Zavoral Mine AOP Scandia City Council Page 6 February 19, 2013 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. 1 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. 1 Zavoral Mine AOP 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. 1 Zavoral Mine AOP 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: 7 Zavoral Mine AOP 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. 1 Zavoral Mine AOP Scandia City Council Page 11 February 19, 2013 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. 1 Zavoral Mine AOP Scandia City Council Page 12 February 19, 2013 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