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9.e) TKDA Memo-Bracht Bros., Inc.-Annual Operating Permit Application . � • e e,..,� 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 651.292.4400 tkda.com � TKDA Memorandum To: Scandia City Council Reference: Bracht Bros., Inc.—Annual Operating Permit Application 2013 Copies To: Kristina Handt, City Administrator Natalie Fitzpatrick, Bracht Bros., Inc. Kirsten Pauley, Sunde Project No.: 15253.001 Engineering From: Sherri Buss, RLA AICP, Routing: Planner Date: March 14, 2013 SUBJECT: Bracht Bros., Inc. - Annual Operating Permit (AOP)Application for a Mining and Processing Operation MEETING DATE: March 19, 2012 LOCATION: All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, and Washington County, Minnesota APPLICANT: Bracht Bros., Inc. 8303-216th Street North Forest Lake, Minnesota 55025 60-DAY PERIOD: April 1, 2013 ZONING: Aggregate Mining Overlay District ITEMS REVIEWED: Application, Plans, LBG report, and Related Submittals BRIEF DESCRIPTION OF THE REQUEST: Bracht Brothers, Inc. has applied for an Annual Operating Permit(AOP)for its existing sand and gravel mining operation located on 185th Street North in Scandia. Mining at the site predates any type of permitting. The site operated under a Conditional Use Permit(CUP) issued by Washington County when the County exercised land use authority within New Scandia Township. The Applicant applied for and received a CUP from the City of Scandia for its operation on May 20, 2008. The CUP included a number of conditions that will apply to the annual AOP and operation of mining and processing activities on the site. An employee owned company promoting affirmative actio�and equal opportunity Scandia City Council Bracht Mine AOP 2013 Page 2 March 19, 2013 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. 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 Regulations, 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 conditions required by the CUP. 2. Proposed operating conditions and any variation from the previous year. 3. Results of the annual inspection by the City. This review evaluates the request for an AOP based on the Conditional Use Permit, the City's Ordinance, and the materials submitted by the Applicant that describe the proposed operating conditions and reclamation plan. CONDITIONAL USE PERMIT REQUIREMENTS The City of Scandia approved a Conditional Use Permit for sand and gravel mining and processing for Bracht Bros., Inc. on May 20, 2008. The CUP included a number of conditions, identified on the table below, along with the status of each item: Condition Deadline Status Specified In CUP 1. Comply with CUP Ongoing In process--monitored by City staff and consultants. 3. Comply with rules and Ongoing In process--monitored by City staff and re ulations consultants. 4. Permits from CMSCWD None Specified Approved permit received by the City on Jul 10, 2008 and is on file. 5. Installation of July 20, 2008 Initial monitoring wells were installed Monitoring Wells on September 12, 2008, and reviewed by Leggett, Brashears & Graham, Inc. (LBG), the City's groundwater consultant. A third monitoring well was installed in 2009. Ground water elevation information was submitted with 2013 application, and reviewed by LBG. 6. Ground Water July 20, 2008 Approved ground water plan is on file Monitorin Plan at the Cit . 7. Production Well Ongoing Well records are being kept and were Records rovided to the Cit for this re ort. 1 Scandia City Council Bracht Mine AOP 2013 Page 3 March 19, 2013 Condition Deadiine Status Specified In CUP 8. Wash Plant Operation Ongoing Wash plant did not operate in 2012. Records 9. Depth of Excavation Ongoing Maximum mining depth permitted is 920 feet amsl (above mean sea level) er CUP conditions. 10. Ground Water Analysis Ongoing The groundwater monitoring plan for Diesel Range requires that ground water samples be Organics (DRO) analyzed for diesel range organics (DRO). Groundwater samples were collected in December 2012, and results included in a report submitted with the AOP application as required. No DRO detected. 11. Updated Site Plan with July 20, 2008 Updated site map provided in AOP index wells A lication. 12. Truck Signage July 20, 2008 A truck hauling sign with the distance to the access road was installed on the westbound approach to the site. A supplemental sign was added to the existing "trucks hauling" sign indicating the distance to the entrance. Signs were in place during 2012 site ins ection. 13. Truck Routes-Old Ongoing Bracht indicated in the application that Marine Trail they discourage trucks from using Old Marine Trail except when necessary for local hauling. The City did not received complaints from residents regarding truck traffic on Old Marine Trail during the 2012 minin season. 14. Dust Control Plan No date A dust control plan was included in the s ecified a lication, and is discussed below. 15. Wetland Buffer No date The wetland buffer was marked in the specified field as required in the CUP. No disturbance is planned in that area in the 2013 application. Field inspection by City staff found that the area was not disturbed during the 2012 mining season. 1 Scandia City Council Bracht Mine AOP 2013 Page 4 March 19, 2013 16-20. Reclamation Plan July 20, 2008 Reclamation Plan was approved with CUP. Reclamation activities completed in 2012 related to the approved plan were described in the a lication. 21. Letter of Credit/Securit Jul 20, 2008 The financial uarantees are current. 22. AOP application January 31 Application materials were submitted submittai annually on January 31, 2013 and were com lete on the date submitted. OPERATING CONDITIONS - EVALUATION FOR AOP Site Operations - Background Information The site is 40 acres in size. The mining permit is requested for approximatefy 25 of these acres. In past years, the mining operations included extraction of sand and gravel. The material was crushed and washed on-site. Activity during 2010-2012 was limited to removal of existing aggregate stockpiles and reclamation. There is a well on the site that has been used for the washing process, and the Applicant obtains a Minnesota DNR Water Appropriations Permit annually for the well. No extraction of gravel or processing occurred in 2012. No mining into the groundwater has occurred or is planned for this site. The application indicated that no further mining, crushing or washing is anticipated at this site. Annual Activity- 2012 The application includes the data required by the Ordinance regarding annual activity on the site. (The letters "cy" indicate "cubic yards" on the table below.) The activity on the site in 2012 was similar to the types and level of operation in 2011. The application for the 2013 AOP notes the following: The amount of material removed from the site in 2012: 6,619 Tons (For comparison, the amount removed in 2011 was 5,301 Tons)) Amount of add-rock brought onto the site in 2012: 0 CY Amount of recycled asphalt and concrete brought to the site in 2012: 0 CY Average number of trips to and from the site per day: 3.36 loads/day (604 truck loads were hauled from the site in 2012, over 180 operating days) .Activify Proposed for 2013 The applicant indicates that activities at the site in 2013 will focus on removing stockpiled material and completing reclamation on the site based on the approved reclamation plan, including: o No additional excavation is expected at the site in 2013. The application indicates that site activities will focus on removing stockpiled material and completing reclamation of the site. o Reclamation activity in 2013 will consist of continued backfilled toward the central stockpile area and seeding portions of the site that were graded in 2012. 1 Scandia City Council Bracht Mine AOP 2013 Page 5 March 19, 2013 Setbacks The AOP application indicates that the minimum setbacks are maintained as follows: • 50 feet from an adjoining property line • 200 feet from an occupied existing structure • 100 feet from any residential lots of 5 acres or less • 100 feet from any road right-of-way. The setbacks meet the requirements of Ordinance No. 103. City inspection during 2012 indicated that the setbacks are maintained and meeting City requirements. Fencing The entire mining site is fenced with 3-strand wire fencing. Locking metal gates are located at the site access points. Site inspection in 2012 by City staff indicated that the fence and gates meet the requirements of the City's Ordinance. Hours of Operation The application proposes work hours from 7 a.m. to 7 p.m. Monday through Friday, except holidays. These hours are consistent with the City's Ordinance. The applicant did not request extended operating hours during 2012. The Ordinance requires that any extended hours be specifically authorized by the City. Screening The application describes the existing screening at the property, and indicates that no additional screening is planned for 2013. Berms and tree-planting were completed in the 1980's and the trees are well-established. The CUP does not require any additional screening of the property. Dusf Control The CUP requires that the Applicant provide a Dust Control Plan to the City, detailing plans for dust control on 185th Street and Old Marine Trail, if this road is used for hauling. The City's primary concern related to dust control at the site is the control needed on haul roads - particularly on 185th Street. 185rh Street North. The application indicates that the operator will provide dust control on 185'n Street North, in cooperation with the City. The City app�ies calcium chloride treatments as needed and invoices Bracht Bros. for the cost of the treatments. The condition related to dust control that was included in the 2012 AOP approval was the following: "The Applicant shall provide for the first, second (if needed) and any subsequent dust control application of calcium chloride from the "trucks hauling"sign near the mine site to approximately 586 feet east of Olinda Trail, if determined necessary by the City." The application notes that in the current reclamation phase of operations, no significant truck traffic will be generated by operations at the site. The Planner has included the dust control condition from the 2012 AOP in the proposed conditions for the 2013 AOP. 1 Scandia City Council Bracht Mine AOP 2013 Page 6 March 19, 2013 Old Marine Trail. The CUP requires that Bracht discourage trucks from using Old Marine Trail. The application indicates that the Trail would only be used for local jobs. The proposed conditions for the AOP require that the operator contact the City prior to beginning hauling on Old Marine Trail to determine the appropriate dust control requirements. Noise The CUP requires that all activities be conducted on the site to meet Federal, State and City noise standards. The city received complaints from neighbors regarding noise and activity near the northeast corner of the mine site in October, 2012. The report indicated that the neighbors could see headlights on a dump truck and could hear noise from that location. The City contacted Bracht Brothers about the report. Bract reported that were moving topsoil for reclamation purposes. The City did not receive additional complaints. Depth of Excavation The application indicates that new areas of mining will not be excavated below 920' above mean sea �evel (amsl). No additional excavation is planned in 2013. Site Clearance No site clearing is proposed in 2013. Appearance/Condition The application indicates that the Operator will maintain the buildings and equipment in a neat condition. Site visits in 2012 verified that the condition of the site meets the requirements of the City's Ordinance. Sanitary Facilities Portable sanitary facilities are provided on the site, and comply with the requirements of the Ordinance. Waste Disposal Waste disposal from the site is required to conform to Federal, State and City requirements. The application indicates that the requirements have been followed in 2012, and site visits identified no problems with waste disposal. Ground Water Plan and Monitoring The CUP required that the Applicant prepare and submit to the City a detailed plan for ground water monitoring. The plan was completed and approved, and is on file at the City. The CUP required that the Applicant install the required monitoring welis at the site, in consultation with LBG, the City's hydrogeologist. Based on review of the initial wells and a finding that the second well was a perched condition and could not be used to monitor the water table, LBG recommended that an additional well be installed at the site. The weil was installed in 2010. 1 Scandia City Council Bracht Mine AOP 2013 Page 7 March 19, 2013 The applicant submitted the 2012 ground water monitoring results for the site to the City for review. Dave Hume, PG, of Leggette, Brashears, and Graham, Inc. (LBG), the City's groundwater consultant, reviewed the monitoring results for 2012, and indicated the following: • The 2012 groundwater monitoring was completed in accordance with the approved monitoring plan. • No groundwater quality concerns were identified. No DRO was detected in the sample from monitoring well MW-1. • The water table elevation at the site has decreased approximately 2.5 feet in MW-1 and 4 feet in MW-3 since December 2008. This is shown on the attached hydrographs. The decrease is the result of regional groundwater table fluctuations, and is unrelated to any of the Bracht mining activities. LBG recommended that the following updates and changes be made to the application: • The highest groundwater elevation is in MW-2, which is a "perched qroundwater svstem" and not the "water table". Therefore: on page 2, item A. 15.; Page 6, item C. 4. - Bracht should note in the AOP that final grade elevations after reclamation wil� be 10 ft above the hiqhest water table elevation (not the perched water svstem as defined bv MW-2) measured at the site, which is currently in MW-1 and MW-3 in December 2008. However, the water tabte elevation has the potential to be higher and should be monitored as reclamation is on going to ensure the 10 feet of separation is met. • Page 2- Item 7: The section should state that no excavation planned in 2013 to be consistent with item 7., page 4. • Page 5 — Item 12: This item should reference MW-1 since the lab report does not reference that this is where the sample was collected. • Site Plan C-1: It would be helpful if the map showed several surveyed grade elevations (at least in the lowest areas) across the reclaimed areas so these could be compared to the reclamation plan and the 10 ft separation distance from highest groundwater. The proposed conditions require that the applicant update the application to address the items identified by LBG. LBG provided updated well hydrographs for review and for the City's records. Fuel and Chemical Storage The application indicates that fuel and chemicals are stored according to City, State and Federal Standards. The applicant complied with these requirements in 2012. Contingency Response Plan The applicant has provided the required Contingency Response Plan to the City. Processing The application describes the permanent processing equipment and its location at the site. The proposed operation and location of the processing equipment meets the requirements of the City's Ordinance. No processing is proposed in 2013. 1 Scandia City Council Bracht Mine AOP 2013 Page 8 March 19, 2013 Trucking Operations The application indicates that trucks will access the site from 185th Street North. The CUP requires that the Applicant discourage trucks from using Old Marine Trail. This is confirmed in 2013 AOP application. The Applicant installed the signs that were required by the CUP in 2008. The signs were noted in the City's inspections in 2012. The City received no complaints related to trucking operations at the mine in 2012. Rec/amation Plan The Applicant submitted a Reclamation Plan that was approved with the CUP. The proposed Reclamation Plan includes backfilling to create slopes up to a maximum 4:1 gradient, adding topsoil, seeding, and mulching. The 2012 application indicates that reclamation activity in 2012 included backfilling and sloping as indicated on the site plan. The central and eastern portions of the site were seeded in the spring of 2012. The application indicates that in 2013, backfilling will continue toward the central stockpile area, and will include seeding the portions of the site that were graded in 2012. SITE INSPECTION The City's staff completed site visits and inspection of the Bracht Mining Operation in mid- and late-2012. Staff also took photos during the site visits to document site conditions. No issues related to CUP compliance were identified in the site visits. 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 identifies a need for additional information. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the 2013 Annual Operating Permit for Bracht Bros., Inc., mining and processing operations, with the following conditions: 1. The maximum mining depth shall be 920 feet amsl. 2. The Applicant shall provide for the first, second (if needed) and any subsequent dust control application of calcium chloride from the "trucks hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, as determined necessary by the City. 1 Scandia City Council Bracht Mine AOP 2013 Page 9 March 19, 2013 3. The applicant shall contact the City prior to beginning any hauling on Old Marine Trail to determine the appropriate dust control requirements. 4. The applicant shall update the application to address the items identified by LBG and listed in the staff report. 5. The applicant shall pay all fees and escrow associated with the application. ACTION REQUESTED: Staff request that the Council review this Report and approve the 2013 AOP for aggregate mining for Bracht Bros, Inc., on March 19. 1 CITY OF SCANDIA RESOLUTION NO. 03-19-13-07 RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF BRACHT BROS., INC. FOR SAND AND GRAVEL MINING WHEREAS, BRACHT BROS., INC. operates a sand and gravel mining and processing operation located on approximately 40 acres on 185'h St. N which is legally described as: LEGAL DESCRIPTION All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County Minnesota, described as follows: Beginning at the northwest corner of said south half of the Northwest Quarter; thence South 1 degree 17 minutes 07 seconds East, grid bearing according to the Minnesota State Plane Coordinate System in said Washington County, along the west line of said south half of the Northwest Quarter a distance of 1315.33 feet to the southwest corner of said south half of the Northwest Quarter; thence north 89 degrees 20 minutes of 10 seconds East along the south line of said south half of the Northwest Quarter a distance of 1533.21 feet; thence North 2 degrees 27 minutes 10 seconds East and parallel with a 49.60 foot wide drive as described in Book 219 of Deeds, page 588 in the office of the Registrar of deeds, of said Washington County, a distance of 730.88 feet; thence South 89 degrees 57 minutes 10 seconds West a distance of 23.54 feet; thence North 23 degrees 3 minutes 28 seconds East a distance of 400.17 feet; thence North 20 degrees 27 minutes 9 seconds east a distance of 235.12 feet to the North line of said South half of the Northwest Quarter; thence South 89 degrees 19 minutes 13 seconds West along said North line a distance of 1809.41 feet to the point of beginning; except the West 365.00 feet of said South half of Northwest Quarter. Subject to an easement for road purposes over the southerly 33.00 feet and to other easements of record, if any. And that part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 35, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows; Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 89 degrees 19 minutes 13 seconds East along the south line of said Northeast Quarter of the Northwest Quarter a distance of 494.07 feet; thence North ] degree 12 minutes 39 seconds West a distance of 198.68 feet; thence South 89 degrees 19 minutes 13 seconds West a distance of 494.07 feet to the west line of said Northeast Quarter of the Northwest Quarier; thence South 1 degree 12 minutes 39 seconds East along said west line a distance of 198.68 feet to the point of beginning. Resolution No.: 03-19-13-07 Page 2 of 3 WHEREAS, the site has been actively mined since the 1960's, and has operated under a previous Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities include the mining and processing of aggregate; and WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as "the ordinance") replaced the requirements of the ordinances adopted by Washington County and the former New Scandia Township and required the issuance of a new Conditional Use Permit and Annual Operating Permits for continued operation of existing mining operations; and WHEREAS, the City approved a Conditional Use Permit for the mining operation on May 20, 2008; and WHEREAS, Bracht Contracting. Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on January 31, 2413; and WHEREAS, the Scandia City Council reviewed the application at its regularly- scheduled meeting on March 19, 2013; 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 Bracht Bros., Inc. shall be and hereby is issued, with the following conditions made a part thereo£ 1. The maximum mining depth shall be 920 feet amsl. 2. The Applicant shall provide for the first, second (if needed) and any subsequent dust control application of calcium chloride from the "trucks hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, as determined necessary by the City. 3. The applicant shall contact the City prior to beginning any hauling on Old Marine Trail to determine the appropriate dust control requirements. 4. The applicant shall update the application to address the items identified by LBG and listed in the staff report. 5. The applicant shall pay all fees and escrow associated with the application. FURTHER, BE IT RESOLVED, any significant variation from these plans and conditions of approval shall require an application to amend this Annual Operating Permit. Resolution No.: 03-19-13-07 Page 3 of 3 Adopted by the Scandia City Council this 19th day of March, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, City Clerk/Administrator __ ___ ._- __—_ . . __-__ --_ _.-_.__ . . . j i � . . � � . . 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