9.f) TKDA Memo-Tiller Corporation-Annual Operating Permit Application for Scandia Mine .
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444 Cedar Street,Suite 1500
Saint Paut,MN 55101
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TKDA
Memorandum
To: Scandia City Council Reference: Tiller Corporation—Annual
Operating Permit Application for
Scandia Mine
Copies To: Kristina Handt, City
Administrator
Mike Caron, Tiller
Corporation
Kirsten Pauley, Sunde Project No.: 15253.002
Engineering
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: March 14, 2013
SUBJECT: Tiller Corporation, Inc. -Annual Operating Permit (AOP)
Application for a Mining and Processing Operation
MEETING DATE: March 19, 2013
LOCATION: Sections 7 and 8, Township 32 North, Range 20 West;
all that part of the south half of the Northwest Quarter of Section
35,Township 32, Range 20, Washington County, Minnesota; and
Section 17, Township 32, Range 20
APPLICANT: Tiller Corporation
P.O. Box 1480
Maple Grove, Minnesota 55311
60-DAY PERIOD: April 5, 2013
ZONING: Aggregate Mining Overlay District
ITEMS REVIEWED: Application, Plans and Related Submittals; LBG Comments
BRIEF DESCRIPTION OF THE REQUEST:
Tiller Corporation has applied for an Annual Operating Permit (AOP)for an existing sand and
gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has
been actively mined since 1966, and currently operates under Conditional Use Permits (CUPs)
granted by the City on May 20, 2008. The Tiller mine site previously operated under a CUP
An employee owned compony promoting affirmative action and equal opportunity
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Tilier Scandia Mine 2013 AOP Page 2 March 19, 2013
issued by Washington County when the County exercised land use authority within New
Scandia Township. Permitted activities included the mining and processing of aggregate, the
production of hot-mix asphalt, and the recycling of concrete and asphalt products.
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 2012 and 2013 AOP applications for the Scandia Mine Site included both the Tiller site and
the adjacent site that was formerly the Dresel Mine site. The former Dresel site is south of the
Tiller site. Tiller purchased the Dresel site in 2009 and is operating both sites. The City issued a
CUP for mining and processing at the Dresel site on May 20, 2008. As the Owner of both sites,
Tiller needs to comply with the conditions of both the Tiller and Dresel CUP's. Issues and
compliance with each are discussed in this report.
The City Council approved a CUP and an AOP for the Zavoral Mine Site on February 19, 2013.
Tiller will operate the Zavoral Site. Aggregate materials from the Zavoral Site (Class "C" add
rock)will be transported to the Scandia Site for storage and processing. This activity may begin
in 2013.
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 conditions required by the CUP's for the
Tiller and Dresel sites.
2. Proposed operating conditions and any variation from the previous year.
3. Results of the annual inspection by the City.
CONDITIONAL USE PERMIT REQUIREMENTS
Tiller Mine Site
The City of Scandia approved a Conditional Use Permit for sand and gravel mining and
processing for Tiller Corporation on May 20, 2008. The conditions included the items noted on
the table below. Tiller's performance is also indicated on the table and in the text sections that
follow:
Condition Deadline Status
Specified
in CUP
1. Comply with CUP Ongoing In process--monitored by City staff and
consultants.
2. Comply with Rules and Ongoing In process--monitored by City staff and
Re ulations consultants.
4. Permits from CMSCWD None s ecified Received Jul 10, 2008 and on file at the
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Tiller Scandia Mine 2013 AOP Page 3 March 19, 2013
Condition Deadline Status
Specified
in CUP
Cit .
5. Installation of three July 20, 2008 The required monitoring we►Is were installed
Monitoring Wells in 2008. One well was taken out of service in
2011 to accommodate reclamation activities
(MW-2). Tiller has sealed this well and will
revise the groundwater monitoring plan to
reflect the change. Monitoring results for
2012 were provided with the AOP application
and reviewed by Leggett, Brashears, and
Graham, Inc. (LBG), the City's groundwater
consultant.
6. Ground Water July 20, 2008 Plan was approved in the fall of 2008, and is
Monitoring on file. Tiller will revise based on changes to
MW-2.
7. Excavation below water May not begin Excavation into the water table began in
table before August 20, 2009. CUP permits mining into ground water
2008 to a depth of 50 feet. Excavation depth to
date is approximately 15 feet into the
groundwater table. Excavation into the
groundwater table did not occur in 2012, but
is likely to occur in 2013. Water level data is
collected on an ongoing basis and submitted
to the City. Water level data has been
submitted for this application, and LBG's
review and comments are discussed in the
section on Groundwater Monitorin .
8. Production Well July 20, 2008 Production well records are being kept by
Records Tiller Corp. and are available to the City.
Water use at the site in 2012 was 1,211,000
gallons. The DNR Water Appropriation Permit
for the site allows up to 18 million gallons to
be used each year for washing, and 2 million
gallons per year for dust control (20 million
allons er ear total .
9. Ground Water Analysis None specified Groundwater sampfes were analyzed for
- DRO and GRO DRO. No gasoline is stored on site. If
gasoline storage is added, GRO will be
analyzed. Monitoring results were included
with the application and reviewed by LBG.
Monitoring was completed in accord with the
monitoring plan, and identified no ground
water concerns.
10. Map of Index Well Sites July 20, 2008 Map was provided to the City on August 28,
2008.
11. Asphalt Plant Setback Ongoing Setback has been maintained as required by
from Lake the CUP.
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Tiller Scandia Mine 2013 AOP Page 4 March 19,2013
Condition Deadline Status
Specified
in CUP
12. Lake Depth Ongoing Application indicates that the depth of
excavation will not exceed fifty feet below the
water table, per the CUP. Excavation depth
to date is approximately 15 feet into the
groundwater table. No additional excavation
occurred below the water table in 2012, but is
likel in 2013.
13. Truck Signage and July 20, 2008 Washington County has posted Lofton and
Roadway Cleaning Manning Avenues per County requirements.
Tiller has posted signs on 218th Street and at
Lofton Avenue to restrict trucks from using
228tn Street er Cit of Scandia re uirements.
14. Lofton/Highway 97 July 20, 2008 Tiller restricts importing add-rock from Lofton
Intersection Avenue during non-daylight hours per the
CUP re uirements.
16-19. Updated July 20, 2008 Included in application materials; discussed
Reclamation Plan below.
20. Letter of Credit/Security Due before AOP The financial guarantees are current.
a roval
21. AOP Application January 31, Application submitted on 31 and determined
Submittal annuall to be com lete.
Dresel Mine Site
The City of Scandia approved a Conditional Use Permit for sand and gravel mining and
processing for Dresel Contracting, Inc. on May 20, 2008. Tiller Corporation now owns and
operates this site, and therefore must also comply with the conditions of the Dresel CUP.
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 Received July 10, 2008 and on file at the
Cit .
5. Instaltation of Monitoring July 20, 2008 Installed in May, 2008. Groundwater
Wells Plan needs to be updated to reflect
changes to monitoring well MW-2 in
2013.
6. Revise Proposed July 20, 2008 City approved a maximum mining depth
Conditions Plan Pit at 922 feet-amsl at the Dresel site,
Elevations ensuring three feet of separation
between the floor of the mine and the
water table surface durin hi h water
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Tiller Scandia Mine 2013 AOP Page 5 March 19, 2013
Condition Deadline Status
Specified
in CUP
table conditions, based on monitoring
results.
7. Ground Water Monitoring July 20, 2008 Approved in October, 2008 and on file at
Plan the Cit .
8. Revise Site Plan to include July 20, 2008 Provided to City on August 28, 2008.
Index Wells
9. Identify Bench Mark July 20, 2008 Established at top of Well Casing MW-1.
Elevation
10. Ground Water Analysis - None specified Samples are analyzed for DRO when
DRO and GRO mining activity is occurring. No gasoline
is stored on site. If gasoline storage is
added, GRO will be anal zed.
11. Signage on 218th and Ongoing Signage was installed and meets the
Roadway Cleaning CUP requirements; inspected by City
staff.
12. Truck Cleaning Ongoing Mining proposed at northern end of site
in 2013. Trucks must meet requirements
for cleaning per CUP. No issues
identified in 2012.
13. Delineate Northern Wetland None specified Wetland report and delineation
completed. Buffer marked by September
15, 2008.
14-17. Updated Reclamation July 20, 2008 Reclamation Plan revised as part of
Plan combined Reclamation Plan submitted
for the Tiller site with the AOP
a lication.
18. Letter of Credit/Security Before AOP Financial guarantees are current.
a roval
19. AOP Application January 31 Application submitted on January 31,
2013, and determined to be com lete.
OPERATING CONDITIONS - EVALUATION FOR THE AOP
Site Operations - Background lnformafion
The Tiller mine site includes several parcels, as indicated on the Site Plan (Figure C-1).
Excavation activities in 2010 and 2011 removed material between the Tiller site and former
Dresel Mine site, merging the two sites into one. Tiller mined both sites in 2012. The mining
operation includes removal of overburden, excavation of sand and gravel, crushing, washing,
screening, stockpiling of sand and gravel; recycling of concrete and asphalt products; the
production of hot-mix asphalt and reclamation activities. The overburden is removed from areas
to be mined, and stockpiled on the site for use in reclamation activities. The site usually
operates on a seasonal basis from mid-April to mid-November, depending on weather
conditions.
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Tiller Scandia Mine 2013 AOP Page 6 March 19, 2013
The Applicant indicated that the site will continue to operate as it has in the past during the 2013
mining season, and will occur on both the Tiller and Dresel sites. Proposed active mining areas
are indicated on the Site Plan (sheet C1), and will be focused in the central portion of the Tiller
site and in the southern portion of the Tiller site and northern portion of the Dresel site. The
2013 production schedule anticipates that processing will occur near the end of the mining
season (October/November), but could begin earlier if needed to meet market demand.
Activity at the Dresel site in 2012 included accepting and placing fill soils suitable for future
reclamation at the site. Tiller has imported approximately 10,000 tons per year of reclamation
soils onto the Dresel site, and anticipates adding a similar volume in 2013.
Tiller anticipates transporting material mined at the Zavoral Site to the Scandia Mine site in 2013
for storage and processing. The application states that mining at the Zavoral site will begin
when all of the required permits have been issued. The timing is unknown, but is likely to begin
in 2013. The application states that while class "C" add rock is transported to the Scandia site
from the Zavoral site, no class "C" add rock will be transported to the site from other mine sites.
Because the timing of operations at the Zavoral site is unknown, the volumes to be hauled to
the Scandia site cannot be determined at this time. The applicant must comply with the
conditions included in the Zavoral Mine and Reclamation Project AOP relating to truck hauling
and related conditions that impact the Scandia site.
Mining into the groundwater began at the site in 2009. This activity has been described in the
previous mining plans for this site, and was evaluated in the Environmental Assessment
Worksheets completed for the Tiller site in 1987 and 1999. Excavation depth to date is
approximately 15 feet into the groundwater table. (The CUP allows mining into the groundwater
to a maximum depth of 50 feet.) Mining operations in 2012 did not include additional mining into
the groundwater. The AOP application indicates that mining into the groundwater table is likely
in 2013.
The asphalt plant at the site is equipped with a baghouse air pollutant collection device, and
operates under a Minnesota Pollution Control Agency (MPCA) Air Emissions Permit. Storage
tanks as the site (for fuel and asphalt cement) are regulated by the MPCA.
The main access routes to and from the site are Manning Avenue (County Road 15) and Lofton
Avenue (County Road 1). Both Manning and Lofton are paved. The haul road from Manning
Avenue is paved through the site to the hot-mix asphalt plant and loading area.
Annual Activify
The application generally includes the data required by the ordinance regarding annual activity
on the site, as follows:
2011 2012
The amount of material removed from the site: 235,000 Tons 238,000 Tons
Amount of add-rock brought onto the site: 78,000 Tons 166,000 Tons
Recycled asphalt and concrete brought to the site: 60,000 CY 40,000 CY
Average number of trips to and from the site each day: 176 Trips/day 195 Trips/day
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The Site Plan included in the application (sheet C1) shows the areas proposed for active mining
and reclamation activity in 2013.
Ground Water Monitoring Plan and Monitoring/ssues
The approved Groundwater Monitoring Plan for the site is on file at the City. The City's
groundwater consultant, Legette, Brashears, and Graham, Inc. (LBG) reviews the ground water
monitoring results each year for the AOP and provides comments to the City.
LBG Analysis and Recommendations Based on 2012 Monitoring Data
LBG reviewed the data and analytical reports from the monitoring wells on the Tiller site that
were submitted with the application. LBG's comments noted the following:
• The 2012 groundwater monitoring was completed in accordance with the approved
monitoring plan.
• The chemistry results indicate no concerns, and Diesel Range Organics (DRO) were
not detected above the method detection limit in any samples.
• Groundwater flow direction across the site is generally to the north and consistent
with previous submittals.
• The water table elevation at the site has decreased approximately 2 feet in the
monitoring wells at the site 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 mining activities on the site.
• Based on the decrease in water levels due to successive dry years that are affecting
regional groundwater table indicated in the monitoring data, the Planner reviewed
the Ground Water Monitoring Plan for the site that was approved for the CUP in
order to identify the baseline water level to be used to measure the maximum mining
depth that would be allowed into ground water. The Ground Water Monitoring Plan
(GWMP) noted that the establishment of the site monitoring wells in 2008 would
allow for establishing a baseline for water levels and other monitoring data to be
collected on the site. However, the 2008 levels were never incorporated into the
GWMP as baseline information. The Planner's recommended conditions for the
2013 AOP recommend that the GWMP should be updated to identify the baseline
water level information for the site. LBG provided this information and a hydrograph
that shows the 2008 baseline level and maximum mining depth for the site.
LBG provided a hydrograph that illustrates the groundwater elevations on the site from 2008
to 2013 as part of their analysis (attached).
LBG suggested some corrections to the monitoring section of the application and the
monitoring plan:
• Page 4, item B.3—there are redundancies in this paragraph and some of the
sentences referring to MW-2 and actions taken in 2011 need to be updated.
• If MW-2 has been formally sealed, the sealing report should be submitted to the
Minnesota Department of Health, and this information should be noted in the
application. (Based on LBG's comment, the Planner asked Tiller for additional
information about MW-2. Tiller reported that it has been sealed, and they will
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Tiller Scandia Mine 2013 AOP Page 8 March 19, 2013
provide the well-sealing record to the City and wiil update the monitoring plan to
reflect the change in well status.)
• The Planner discussed the abandonment of MW-2 with Dave Hume of LBG to
determine if the loss of this monitoring well is a concern for evaluating potential
mining impacts to groundwater. Dave indicated that it is not a concern because
another monitoring well, MW-3, still exists and can be used to gather the required
information.
• Site Plan C-1 should note that MW-2 was abandoned if that has occurred.
The Planner has included a proposed condition that the applicant shall update the
application and monitoring plan to address the items identified by LBG.
Setbacks
The AOP application 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 requirements of Ordinance No. 103. City inspection during 2012
indicated that the setbacks were maintained and meet City requirements.
Fencing
The application indicates that the majority of the site is fenced with 3-strand wire fencing, except
where prohibited due to topography, heavy vegetation and wetlands. There are locking metal
gates at both entrances. The fencing meets the intent of the City's Ordinance. City staff
reviewed the fencing during site visits in 2012, and verified that it meets the requirements of the
Ordinance and CUP.
Hours of Operation
The site is operated from 7 a.m. to 7 p.m. Monday through Friday, except holidays. The
Applicant is required to obtain the City's permission for any extended hours in accordance with
procedures set in Ordinance No. 103. The Applicant noted that extended hours were requested
on September 4, 2012 to operate the asphalt plant to supply a highway overlay project. The city
approved the extended hours. The City and Tiller did not receive complaints about the extended
hours.
Screening
The application describes screening at the site, and notes that trees have been planted in the
past to screen site activities. City staff reviewed the screening during annual site visits in 2012,
and the screening meets the requirements of the CUP. No additional berms or plantings are
proposed in 2013. The CUP does not require additional screening.
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Dust Control
Major haul roads are hard-surfaced or covered with asphalt millings as dust control measures.
The application indicates that the Applicant uses a water truck to control dust on unpaved
portions of the site, and calcium chloride is applied to provide dust generated by trucking
activity. These actions will be continued as needed in 2013. The CUP does not require
additional dust control efforts. The City did not receive compiaints about dust control at the site
in 2012.
Noise
The Applicant must comply with all Federal, State, and City noise standards. The City did not
receive noise complaints about this site in 2012.
Depth of Excavation
The CUP requires that the depth of excavation will not exceed fifty feet below the water table
(865 feet above mean sea level). In previous years, mining has occurred into the groundwater
table to a depth of approximately 15 feet. The applicant indicated that no mining into the water
table occurred in 2012. The 2013 AOP application indicates that mining is likely to occur into
the water table in 2013. Excavation shall not exceed the depth specified in the CUP.
Sife Clearance
Site clearance occurred along the common mining border with Dresel Corporation in 2010 and
2011. No clearing occurred in 2012. Areas that were cleared in previous years will be mined in
2013, as indicated on the Site Plan, Figure C-1. No new clearing is expected in 2013.
Appearance/Condition
The City's site inspections in 2012 confirmed that the site and facilities are maintained in a neat
condition. The CUP does not include conditions for improvement of the appearance or condition
of the site.
Sanitary Facilities
The application indicates that site is served by individual sanitary facilities that meet the
requirements of the City's Ordinance and the Mine Safety and Health Administration. City staff
inspection confirmed that the City's requirements were met in 2012.
Waste Disposal
The application indicates that waste generated by the operation is disposed of in accordance
with Federal, State and City requirements. Site visits in 2012 confirmed that the Applicant is
meeting the requirements of the CUP.
Water Quality Monitoring Plan
The CUP required that Tiller Corporation complete a plan for groundwater monitoring within 60
days of approval of the CUP (July 20, 2008). The approved ground water monitoring plan was
completed and is on file at the City. Tiller submitted monitoring results for 2012 with its
application for the 2012 AOP.
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LBG recommended that the plan be updated to indicate that monitoring weil MW-2 was
abandoned. City staff suggest that the plan be updated to identify the baseline water level
(2008) as proposed in the plan. The proposed conditions require an update to the Water
Quality Monitoring Plan. Tiller has agreed to update the plan, and will update the plan by April
30, 2013.
Fuel and Chemical Sforage
The application describes fuei and chemical storage at the site. The Applicant notes that these
materials are stored in accord with Federal and State standards and County requirements. On-
site fuel storage consists of a 1,000-gallon above-ground storage tank which is located within a
concrete secondary containment area and a 500-gallon above-ground double-walled tank
located next to the standby electrical generator. When production or reclamation crews are
present, an additional 1,000-gallon double-watled tank is brought to the site and used to fuel the
equipment for those operations.
All asphalt-cement storage tanks are above-ground. This includes two-40,000 gallon tanks and
one 20,000-galion tank. The storage meets the requirements of the CUP and agency standards.
Contingency Response Plan
The application indicates that the site operates under a Spill Prevention, Control and
Countermeasure Plan (SPCC) Plan that was submitted and is on file at the City.
Processing
The CUP application describes the operation of permanent processing equipment on the site,
and indicates that the equipment is operated in accordance with Federal, State and City air
quality, water quality and noise standards. The CUP requires that the asphalt plant and related
structures be set back at least 100 feet from the shore of the proposed lake on the site. Site
visits in 2012 verified that the processing facilities meet the setback requirements of the CUP,
and no violations of permits were reported in 2012.
Trucking Operations
The application indicates that truck operations have access to County Road 15 (Manning
Avenue) and County Road 1 (Lofton Avenue), which are paved roads. The City received no
complaints regarding trucking operations in 2012.
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
• Lofton Avenue is restricted to daytime use only
• Loads are required to be covered
Asphalt Plant
The site operates a permanent hot-mix asphalt plant that was in operation at the time the City
adopted its mining ordinance. The plant operates under an air quality permit issued by the
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MPCA and must meet federal, state and city air, water and noise standards. The City received
no complaints regarding the operation of the asphalt plant in 2012.
Reclamafion Plan
The applicant submitted a Reclamation Plan with the AOP application that combines the Tiller
and Dresei site reclamation plans.
Section 8.4 of the City's Mining ordinance requires the following for reclamation areas:
• All banks must be graded or backfilled;
• Graded or backfilled areas shall be surfaced with soil of a quality at least equal to
the topsoil of areas immediately surrounding, to a depth at least four inches;
• The topsoil shall be planted with trees, shrubs, legumes or grasses
• Slopes shall not be steeper than 4:1
The reclamation plan included in the application plan indicates that reclamation will consist of
"sloping, backfilling, and establishment of vegetation." The application does not indicate that
topsoil will be applied as required, and does not indicate the specific types of plantings that will
be included in reclamation areas. The reclamation activities must the requirements of the
ordinance, including placement of at least four inches of topsoil, and meet the planting
standards of the ordinance.
Section 8.2 of Ordinance 103 requires the "restoration shall proceed concurrently and
proportional to actual mining operations, and will be subject to review and approval at each
annual inspection and at the end of the permit period." This section is included in the ordinance
to ensure that:
• Large areas of the site are not left in an unreclaimed state, encouraging erosion, dust
and weed establishment
• The mining operation is making an ongoing investment in reclamation, to avoid
potential problems that may occur at the end of the mining operation if a large
investment is needed in reclamation, and the applicant's resources are limited at that
point, or the applicant abandons the site.
The issue related to the proportionality of mining to reclamation was discussed in detail during
the 2011 AOP Application Process. Tiller noted at that time that overburden was removed from
areas that are currently being mined, and has been stockpiled on site in screening berms to be
used later for reclamation. At this time, a relatively large area is being mined, and there are
limited areas where reclamation could feasibly occur. Tiller indicated that when mining reaches
the end of the current mining phase or the perimeter of the site and is completed, reclamation
will be performed in conformance with the approved reclamation plan, and larger areas of
reclamation will occur in proportion to areas that are mined.
Some reclamation will occur each season based on the amount of material that is available from
current operations. The area proposed for reclamation in 2013 is located on the Dresel site.
Larger reclamation activities will every 5-7 years based on the removal of overburden in
preparation for mining, and at the end of the mine's life. The City accepted this proposed
schedule for reclamation in relationship to mining in 2011 and 2012 as meeting the ordinance
requirement for "proportionality" in these activities.
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Relationship of Application to Zavoral Mine EIS
On February 19, the City Council approved a CUP and an AOP for the Zavoral Mine and
Reclamation Project. The approved CUP and AOP include conditions regarding the Class "C"
add rock that will be mined at the Zavoral Site and transported to the Scandia Site. The
potential impacts of those activities were described and analyzed in the Zavoral Mine and
Reclamation Project EIS. The EIS found that the activities will not have significant impacts, but
recommended mitigation actions to be included as conditions in the CUP to address potential
impacts.
The Zavoral Mine CUP includes two conditions related to the truck hauling between the Zavoral
Site and the Scandia site. Those conditions have been included in the proposed conditions for
the Scandia Mine AOP.
SITE INSPECTION
City staff completed site visits to the Tiller Corporation Mining Operation in during 2012,
including documenting conditions on the site in site photos. Findings from the site visits are
noted where appropriate in the items above.
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 2012 AOP for sand and gravel
mining and related processing, with the following conditions:
1. The applicant shall continue to provide the production well records for the site to the City
so the pumping records can be compared to past and future groundwater level trends at
the site. The applicant should measure the water level in the production well under non-
pumping conditions during monitoring periods.
2. 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.
3. 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:
• Engine braking is prohibited in Scandia
• Lofton Avenue is restricted to daytime use only
• Haul loads are required to be covered
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Tiller Scandia Mine 2013 AOP Page 13 March 19, 2013
4. The Reclamation activities shall meet the requirements of the Conditional Use Permit,
including soil and planting requirements.
5. The applicant shall update the Ground Water Management Pian (GWMP)for the site (2008)
to indicate that monitoring well MW-2 was abandoned and sealed, and to identify the
baseline water level information. The applicant shall submit the revised plan to the city
by April 30, 2013.
6. The applicant shall record and report the numbers of trucks hauling Class "C" add-rock from
the Zavoral Mine site and the number and source location of trucks hauling Class "C" add-
rock to the Scandia Mine to the City quarterly, to ensure that additional truck traffic does not
result from hauling from the Zavoral Site at peak demand concurrently with other sites. The
applicant shall submit annual truck number and source reports with the Annual Operating
Permit application.
7. If the applicant has knowledge that a crash or traffic violation occurs involving a truck
hauling for Tiller, Tiller shall contact the City to report the incident immediately. The
applicant shall report actions it will take to respond to the incident.
8. The applicant shall pay all fees and escrows associated with this application.
ACTION REQUESTED:
Staff request that the Council review this report and approve the AOP at the meeting on March
19.
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CITY OF SCANDIA
RESOLUTION NO. 03-19-13-08
RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION
OF TILLER CORPORATION FOR
SAND AND GRAVEL MINING AND PROCESSING AT THE SCANDIA MINE SITE
WHEREAS, Tiller Corporation operates a sand and gravel mining and processing
operation and asphalt hot-mix plant located on approximately 435 acres at 22303 Manning
Avenue North, on property legally described as:
The Southeast '/ of Section 7, in Township 32 North, of Range 20 West; and that part of
the Southwest '/ of the Southwest '/ of Section 8, in Township 32 North, of Range 20
West, described as follows:
Commencing at a point in the North line of said Southwest '/< of the Southwest '/4 of said Section
8,22 rods East of the Northwest corner thereof,thence West along said North line to the
Northwest corner of said Southwest % of the Southwest '/,thence South along the West line of
said Southwest % of Southwest % to the Southwest corner thereof,thence East along the South
line of said Southwest % of the Southwest '/o a distance of 42 rods to a point,thence Northwesterly
in a straight line to the point of beginning; and also a strip of land 2 rods wide on the North side of
said Southwest'/ of the Southwest %,commencing 22 rods East of the Northwest corner thereof
and extending to the Northeast corner thereof.
That part of the South Half of the Northeast Quarter of Section 7,Township 32 North,Range 20
West,Washington County,Minnesota,described as follows:
Commencing at the Northwest corner of said South Half;thence Easterly along the North line of
said South Half a distance of 1223.40 feet to the point of beginning;thence Southerly,parallel
with the West line of said South Half, a distance of 1319.60 feet to the South line of said South
Half;thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of
said South Half;thence Northerly along the East line of said South Half a distance of 1317.76 feet
to the Northeast corner of said South Half;thence Westerly along the North Line of said South
Half a distance of 1422.96 feet to the point of beginning. Subject to 228`�'Street North along
North line.
That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast
Quarter of the Southwest Quarter of Section 7,Township 32,Range 20,Washington County,
Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in
Book 312 of Deeds on pages ]9 and 20.
Subject to County Road 15A.
Subject to easements of record.
The North One-Half of the Southwest Quarter(N '/z of SW '/) and the Southeast Quarter
of the Northwest Quarter(SE '/ of NW '/) all in Section 8, Township 32, Range 20.
Except: All that part of the Northeast Quarter of the Southwest Quarter(NE '/a of SW '/)of
Section 8,Township 32,Range 20,Washington County,Minnesota lying East of the centerline of
County State Aid Highway No. 1 (Lofton Avenue).
Resolution No.: 03-19-13-08
Page 2 of 5
That part of the Southeast Quarter of the Southwest Quarter(SE '/ of SW '/) of Section
8, Township 32, Range 201ying West of the public highway as the same now runs over
and across said tract, except the North 2 rods thereof; and that part of the Southwest
Quarter of the Southwest Quarter (SW '/ of SW '/) of Section 8, Township 32, Range 20
described as follows, to wit:
Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest Quarter
(SW % of SW %);thence Southeasterly in a straight line to a point 42 rods East of the Southwest
corner of said Southwest Quarter of Southwest Quarter(SW % of SW '/);thence East to the
Southeast corner of said Southwest Quarter of Southwest Quarter(SW '/o of SW '/),thence North
to the Northeast corner of said Southwest Quarter of Southwest Quarter(SW % of SW '/),thence
West to the point of beginning,except the North 2 rods thereof,said tract.
Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the
Southwest Quarter of Section 8,Township 32,Range 20,Washington County,Minnesota,lying
Westerly of the center line of County State Aid Highway No. 1,as the same is now laid out and
traveled,said center line is described as follows;
Beginning at a point on the South line thereof distant 37.30 feet Westerly of the Southeast corner
thereof(for the purposes of this description,the South line of said Southeast Quarter of the
Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West);thence
Northerly along a curve concave to the West,having a radius of 2864.81 feet and a central angle
of 7 degrees 12 minutes 48 seconds,a distance of 360.67 feet,the chord of said curve bears North
14 degrees 39 minutes 10 seconds West;thence North 18 degrees 15 minutes 34 seconds West,
tangent to said curve,a distance of 282.59 feet; thence Northerly along a tangential curve,concave
to the East,having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54
seconds,a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest
Quarter,and there terminating.
And lying Easterly of the following described line:
Commencing at the Southwest corner of said Section 8;thence Easterly along the South line of
said Section 8,a distance of 1714.61 feet to the point of beginning of the line to be described;
thence Northeasterly,deflecting to the left 83 degrees 54 minutes 52 seconds,a distance of 623.51
feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter,
and there ternunating.
Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8,Township
32 N,Range 20 W,described as follows: Commencing at the Southwest corner of said Section 8,
thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of
beginning of this description;thence Northeasterly deflecting to the left 83 degrees 54 minutes 52
seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter
of the Southwest Quarter of Section 8;thence Easterly along said North line a distance of 757 feet,
more or less,to the center line of County State Aid Highway No. 1;thence Southeasterly along
said center line a distance of 305 feet,more or less,to the South line of Section 8,thence Westerly
along said South line a distance of 862 feet,more or less,to the point of beginning,according to
the United States Government Survey thereof and situated in Washington County,Minnesota;and
Dresel Property: PID 1703220220002
Sect-17 Twp-032 Range-020 PT N1/2-NW 1/4 S17T32R20 BEING THE E 1396FT OF THE
FOLL DESC PARCEL: THAT PT N1/2-NW 1/4 OF S17T32R 20 LYING NLY OF THE S 66FT
&LYING WLY OF THE E 768.7FT THEREOF NEW SCANDIA TWP
Roth Property: PID 1703220210003
Resolution No.: 03-19-13-08
Page 3 of 5
Sect-17 Twp-032 Range-020 PT NE1/4-NW1/4 173220 COM AT N1/4 COR OF SEC 17 THEN
S ALONG N&S1/4 LINE OF SD SEC A DIST OF 527.SFT TO PT OF BEG THEN CONT ON
SAME LINE A DIST OF 443.SFT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG.
A DIST OF 491FT TO A PT THEN ON A DEFLECT ANG TO RT OF 90DEG.A DIST OF
443.SFT TO A PT THEN ON A DEFLECT ANG OF 90DEG. TO RT A DIST OF 491FT TO PT
OF BEG SUBJ TO EASEMENT AND THAT PT NE 1/4 NW 1/4 S 17T32R20 DESC AS
FOLL:COM AT THE N1/4 CORNER OF SEC17 THN SLY ALG THE N-S1/4 LINE OF SEC 17
A DIST 971FT TO THE PT OF BEG THN WLY DEFLECT 90DEG TO THE RT A DIST OF
491FT THN/NLY DEFLECT 90DEG TO THE RT A DIST 443.SSFT THN ELY DEFLECT
90DEG TO THE RT A DIST OF 76FT THN NLY DEFLECT 90DEG TO THE LEFT A DIST
548FT M/L TO THE N LINE OF SEC17 THN WLY ALG THE N LINE OF SEC17 A DIST
355FT M/L TO THE W LINE OF THE E 768.7FT OF SD NE1/4 NW1/4 THNC SLY ALG SD
W LINE A DIST 1254FT M/L TO THE N LINE OF THE S 66FT OF SD1/4-1/4 THN ELY ALG
SD N LINE A DIST OF 770FT M/L TO THE N-S 1/4 LINE OF SEC 17 THN NLY ALG SD N-
S1/4 LINE A DIST OF 283FT M/L TO THE PT OF BEG-SUBJ TO CSAH#1 ALG THE MOST
ELY LINE SUBJ TO&INCLUDING ANY VALID EASEMENTS RESTRICTIONS&
RESERVATIONS NEW SCANDIA TWP(RESTRICTION:WRITTEN APPROVAL FROM
NEW SCANDIA TWP IS REQUIRED BEFORE EITHER OF THE TWO(2)PARCELS OF
LAND DESCRIBED HEREIN MAY BE CONVEYED SEPARATELY
WHEREAS, the site has been actively mined since 1966, 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, the production of hot-mix asphalt, and the recycling of concrete and
asphalt products; and
WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this
mining facility in 1987, and a second EAW was completed in 1999 for a proposed expansion of
the facility; and
WHEREAS, the scope of operations and mining limits proposed in the current permit
application to the City are consistent with the scope of the operations and mining limits reviewed
in the 1999 EAW,
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 and processing
operations on May 20, 2008; and
WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating
Permit to the City of Scandia, which was found to be complete for review on January 23, 2012;
and
WHEREAS, the Scandia City Council reviewed the application at its regular meeting on
February 21, 2012;
Resolution No.: 03-19-]3-08
Page 4 of 5
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 shall be and hereby is issued, with the
following conditions made a part thereof:
1. The applicant shall continue to provide the production well records for the site to the City so
the pumping records can be compared to past and future groundwater level trends at the site.
The applicant should measure the water level in the production well under non-pumping
conditions during monitoring periods.
2. 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.
3. 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:
• Engine braking is prohibited in Scandia
• Lofton Avenue is restricted to daytime use only
• Haul loads are required to be covered
4. The Reclamation activities shall meet the requirements of the Conditional Use Permit,
including soil and planting requirements.
5. The applicant shall update the Ground Water Management Plan(GWMP) for the site (2008)
to indicate that monitoring well MW-2 was abandoned and sealed, and to identify the
baseline water level information. The applicant shall submit the revised plan to the city by
April 30, 2013.
6. The applicant shall record and report the numbers of trucks hauling Class "C"add-rock from
the Zavoral Mine site and the number and source location of trucks hauling Class "C" add-
rock to the Scandia Mine to the City quarterly, to ensure that additional truck traffic does not
result from hauling from the Zavoral Site at peak demand concurrently with other sites. The
applicant shall submit annual truck number and source reports with the Annual Operating
Permit application.
7. If the applicant has knowledge that a crash or traffic violation occurs involving a truck
hauling for Tiller, Tiller shall contact the City to report the incident immediately. The
applicant shall report actions it will take to respond to the incident.
8. The applicant shall pay all fees and escrows associated with this 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.: 03-19-13-08
Page 5 of 5
Adopted by the Scandia City Council this 19th day of March, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, City Clerk/Administrator
Elevation (ft amsl)
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