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HomeMy WebLinkAbout2008-03-19 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/19/O8 � � PREPARED BY: Community Development Howard Biin ORIGINATIiVG DEPARTP�EIVT STAFF AUTHOR ���.,����,.������,���,�����,�������:���,����.����� COUNCIL ACTION REQUEST: Consider approving the 2008 mining permit to allow Aggregate Industries to continue their mining operations on Lower Grey Cloud Island. STAFF RECOMMENDATION: Adopt the resolution approving the 2008 mining permit allowing Aggregate lndustries to continue their mining operations on Lower Grey Cloud Island. ADVISORY COMMISSION ACTION: ►/ ■ ■ ■ ■ ■' � PLANNING PUBLIC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY DATE REVIEWED 2/25/08 ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John McCool dated 3l10/08 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from 2/25/08 Planning Commission minutes ADMINISTRATORS COMMENTS: A��, U �� • ���� City Administrator Date ���,��������.��.���:���,������,������������,���.�,� COUNCILACTION TAKEN: e[�APPROVED ❑ DENIED ❑ OTHER .� s, "' CITY OF MINNESOTA T0: FROM: DATE: RE: Proposal COTTAGE GROVE Honorabie Mayor and City Council Ryan Scnroeder, City Administrator John McCool, Senior Planner March 10, 2008 Aggregate Bndustries Annual Mining Permit and Variance Applications Aggregate Industries — North Central Region, Inc. has submitted an annuai mining permit appli- cation to continue mining and processing aggregate materials on Lower Grey Cloud Island. The proposed 2008 mining operations plan proposes the following: • Mining and processing approximately 1.3 million tons of aggregate materials. • No clearing of trees/brush and approximately 13 acres of stripping. . Dredging at an average depth of 90 feet and in some areas to a depth of 125 feet below the normal water level. • Processing, washing, screening, and loading aggregate materials onto barges and trucks. • Operate 24 hours per day seven days a week. A copy of Aggregate Industries — Nelson Plant 2008 Mining Permit Operation Plan is attached. City Code Title 3-10 requires an annual mining permit, which must be reviewed by the Planning Commission within si�y days after the completed application has been accepted by the City. The Planning Commission's recommendation is forwarded to the City for formal action. Annual mining permits expire on February 1 of each year. The purpose of the annual mining permit is to: Ensure the restoration of the mined area is consistent with existing and planned land use patterns and to promote appropriate reuse of the mined areas; and Ensure conforrnity of mining operations with the City's Critical Area and Comprehensive Plans; and Control the effects of noise, dust, erosion, traffic, drainage, ground water pollution and other factors related to mining in general. Commission Review Planning Commission On February 25, the Planning Commission held a public meeting concerning Aggregate Indus- tries' mining permit application. The Planning Comrnission found the applicanYs 2008 Opera- tions Plan similar to operations in previous years. No public testimony or written comments were received at that meeting. The Planning Commission unanimousfy recommended granting a variance to allow mining to operate 24 hours per day, seven days per week and approval of the Honorable Mayor, City Council, and Ryan Schroeder Planning Case No. MPO8-003 March 10, 2008 Page 2 of 5 mining permit based on certain conditions listed in the draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Rdvisory Committee on Historic Preservation The Advisory Committee on Historic Preservation reviewed Aggregate Industries' Nelson Mine 2008 mining permit on March 11. They concurred with the recommendations cited in the planning staff report approving the annual mining permit. Background In 1950, Paul K. and Mary Schilling (property owners) entered into a lease agreement with the J. L. Shiely Company (now known as Aggregate Industries) to mine sand and gravel on Lower Grey Cloud Island. Supplemental lease agreements have been negotiated over the years. in 2001, Ag- gregate Industries signed a new lease with the property owner, aliowing mineral extraction on the Island for at least another 20 years. Aggregate Industries now estimates that sand and gravel resources could be mined into the mid-21st century based on the future ability to mine in the Mis- sissippi River backwaters, market trends, geologic variations, and aggregate resources. Several studies and reports were prepared in the 1970s to serve as a guide in reviewing annual mining permit applications and reclamation plans. On October 12, 1982, the Lower Grey Cloud Is- land Reclamation Concept Plan was approved by a Cottage Grove Reclamation Committee. A mining plan prepared by B.B. Chapman in 1982 is part of that document. A copy of this plan is in- cluded in the applicanYs 2008 Operations Plan. With some exceptions, the 2008 mining plan gen- erally replicates the landforms and topography as approved in 1982. A dredge is used to excavate raw aggregate materials. This dredge is of a"twin-clamshell" de- sign and is one of the Iargest machines of its type. The dredge is a 100-foot by 100-foot by 60- foot high floating dredge that weighs approximately 550 tons. Assembly of the dredge was com- pleted in 1995, and the dredge was equipped with sound-absorbing equipment in 1996. The dredge is used to reach sand reserves below the water table near the Mississippi River. its four primary functions are (1) desanding, (2) high production, (3) on-board crushing, and (4) sand recovery. The desanding capability allows the operator to reclaim up to 400 tons of sand per hour without unnecessary re-handling. The dredge can mine 1,200 tons of aggregate material per hour at 60 feet below the water table. This year's mining plan proposes a mining depth between 90 to 125 feet. A summary of the Nelson Mining operations since 1990 is attached. Planning Considerations Ordinance Requirements City Code Title 3-10 requires an annual mining permit for the excavation, removal, or storage of topsoil, sand, gravel, rock, soil, clay, and other natural deposits within the city. The Planning Commission is required to review the mining permit application and forward a recommendation to the City Council for formal action. Aggregate Industries' mining permit application was found to be complete and responsive to in- formation requested in City Code Title 3-10-4, Application for Permit. The applicanYs responses are addressed in the applicant's written narrative describing the 2008 Nelson Mine Plan (Exhibit C). The applicant also requests the City to grant a variance to operate the dredge 24 hours per Honorabie Mayor, City Council, and Ryan Schroeder Planning Case No. MP08-003 March 10, 2008 Page 3 of 5 day, seven days per week as opposed to the city ordinance requirement that all mining operations oniy operate between 6:00 a.m. to 10:00 p.m. The variance allowing the dredge operation continu- ously for 24 hours seven days per week has been granted by the City every year since the dredge was first operated in 1995. Mining Operations After the material is excavated by the dredge, the mined aggregate is transported by a conveyor system that is about 10,000 feet long to the processing plant. After processing, the materials are transported to distribution yards in St. Paul and Minneapolis. Similar to previous years, this year's application identifies that greater than 95 percent of the aggregate materials mined and processed at this site wiil be hauled off-site via barges. The barge fleeting facility can store approximately 18 barges. A single barge can carry between 1,200 to 1,300 tons. The remaining 5 percent of processed aggregate materials will be transported by trucks. The haul route is generally Grey Cloud Trail to 103rd Street, east to Hadley Avenue, north to 100th Street, east to Jamaica Avenue, and then north to T.H. 10161. This haul route has generally not changed over the many decades of mining on �ower Grey Cioud Island. There is no clear-cutting of trees or shrubs. Approximately 13 acres of Iand is proposed to be stripped, but this amount of acreage is recommended to be reduced since the area south of the access drive that once led to the Beacon Farms site is recommended not to be disturbed. Mining will proceed north and west from its current location. Similar to previous reviews, the applicant is required to take appropriate measures to ensure there is no erosion to stockpiles or earth-berms. At the base of each slope, a channel must be con- structed to control runoff. The channeled water shall be diverted to a sedimentation basin before being allowed to enter any natural drainage system. Erosion control measures must be imple- mented within a reasonable amount of time for the stockpile and berm. The applicant is not proposing to mine within the Mississippi River backwaters or river channel during their 2008 operations. They do mention the possibility of mining inside the barrier islands east of the main island and inside of the barrier island west of tne processing plant area sometime in the future and have initiated the preparation of an Environmental Assessment Worksheet and Environmental Impact Statement. Mining in these areas requires an environmental review with permit approval by other state agencies. The City's review of their 2008 Mining Permit application does not recognize or imply approval to mine or conduct any other activities within the backwaters or main river channel. Tree Plantings Last year, the City required a minimum of 380 trees to be planted. The applicant planted the trees and inspections were made by an arborist in July and October. The arborist reported in July 2007 that these trees exhibited good growth and the majority of trees had survived, even though the area was experiencing a rainfall deficit. Survival and growth of other trees that had been planted in the past few years were good and losses were much fewer than in years prior to 2005. Tree trunks have shelters around them to protect from deer browsing and antler rubbing and to promote vigor- ous growth. Mulch exists around the base of the trees and supplemental water has occasionally been provided. Honorable Mayor, City Council, and Ryan Schroeder Planning Case No. MP08-003 March 10, 2008 Page 4 of 5 In October 2007, the arborist reported that 860 trees had been planted on the site in the past two years; 109 of these trees died and were replaced last fall. Survival of tree plantings in the past sev- eral years has improved from earlier plantings. This is due to proper selection of tree species for the site, providing tree shelters, mulch, supplemental watering, and some weed control. The Planning Commission concurred with the applicanYs proposal to plant 100 trees this year. These trees would be planted along the northeast slope of the reclaimed area that parallels the northwest-southeast segment of Grey Cloud Trail. A windrow of mature pine trees exists along this property boundary line. The area where trees are proposed to be planted this year is about 250 feet wide and 2,500 feet long. Planting trees along this slope would enhance the buffer once these new plantings reached maturity. The Planning Commission also suggested that staff develop a methodology to determine how many trees should be planted per year. The Commission suggested a formula that incorporates a ratio of the amount of land area proposed for stripping, reclamation, and mining. Historic Sites and Landmarks The applicant has modified their 2008 Operations Plan by removing that area of land south of the access drive leading to the "River Beacon Farm" site. They agreed not to strip any topsoil or mine in that area until additional studies have been completed to ensure there are no archeological sites in that particular area. Equipment operators and motorists should only drive on existing access routes in this vicinity so as not to accidentally disturb or destroy burial mounds or any other archeological sites. All the structures at the River Beacon Farm were razed in 2000 and alI that remains are building foundations. None of the buildings had any historic or architectural significance. What is significant is the Grey Cloud Mound Group, a prehistoric Native American burial site and the Grey Cloud Townsite that are adjacent to the farmstead. The outer boundary of the area shown below encompasses approximately 91 acres of land. The applicanYs 2008 Operations Plan shows this area as "future mining." Honorable Mayor, City Council, and Ryan Schroeder Planning Case No. MP08-003 March 10, 2008 Page 5 of 5 If the applicant is desirous of initiating site preparation, grading, or stripping within any portion of this area, they must first obtain written approval from the State Historic Preservation Officer and the Minnesota Indian Affairs Council. Meeting Notices Meeting notices were mailed to 12 property owners who are within a half-mile of the mine. These notices were mailed on February 13, 2008. Recommendation Approve the annual mining permit for Aggregate Industries — Nelson Plant as recommended by the Planning Commission, including the granting of a variance to the ordinance requirement limiting mining operations between 6:00 a.m. to 10:00 p.m. to allow the dredge to operate 24 hours per day, seven days per week. Approval of the annual mining permit is based on the findings of fact supporting the variance and subject to the conditions listed in the draft resolution. RESOLUTION NO. 08-XXX RESO�UTION APPROVING THE 2008 MINING PEtZMIT FOf2 R,C�GREf.9ATE INDUSTI2IES, INC. WHEREAS, Aggregate industries - North Central Region, Inc. has made application for their annual mining permit to excavate and process aggregate material on the property legally described as: NE Y<, SE'/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W'/, SE Y<, Section 31, Township 27, Range 21 E'/2, NE '/<, NW Y<, Section 31, Township 27, Range 21 South along Grey Cloud Trail W'/z, NE'/4, NW'/4, Section 31, Township 27, Range 21 South along Grey Cloud Trail NW'/4, NW'/<, Section 31, Township 27, Range 21 S'/2, NW'/<, Section 31, Township 27, Range 21 E'/2, SW'/4, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N%2, NE'/4, Section 36, Township 27, Range 22 S Y2, NE Y<, Section 36, Township 27, Range 22 N'/2, SE'/4, Section 36, Township 27, Range 22 Lot 2, Section 36, Township 27, Range 22 Lot 3, Section 36, Township 27, Range 22 SE'/4, SW'/4, Section 25, Township 27, Range 22 NE Y<, NW'/<, Section 36, Township 27, Range 22 S'/2, NW'/<, Section 36, Township 27, Range 22 NW'/4, SW'/4, Section 36, Township 27, Range 22 N'/z, SW'/4, SW'/4, Section 25, Township 27, Range 22 S'/2, SW Y4, SW'/4, Section 25, Township 27, Range 22 NW Y4, NW'/<, Section 36, Township 27, Range 22 NW ��4� SW'/4, Section 36, Township 27, Range 22 N'/z, NE'/<, Section 35, Township 27, Range 22 S Y2, NE'/4, Section 35, Township 27, Range 22 SE'/<, SE Y<, Section 26, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 Lot 3, Section 6, Township 26, Range 21 Lot 2, Section 6, Township 26, Range 21 Lot 1, Section 6, Township 26, Range 21 N'/, NW'/4, Section 5, Township 26, Range 21 Lot 4, Section 5, Township 26, Range 21 Lot 3, Section 5, Township 26, Range 21 N Y2, NE Y4, Section 5, Township 26, Range 21 Lot 2, Section 5, Township 26, Range 21 Lot 1, Section 5, Township 26, Range 21 Lot 1, Section 4, Township 26, Range 21 NE Y<, SW Y<, Section 36, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 Resolution No. 08-XXX Page 2 WHEREAS, the applicant proposes to continue mining activities and operation at prop- erty Iocated at 11250 Grey Cloud Trail South; and WHEREAS, the applicant intends to mine and process approximately 1.3 million tons of aggregate material in 2008; and WHEREAS, a notice of application was mailed to neighboring property owners informing them that the Planning Commission was scheduled to review the application at their meeting on February 25, 2008; and WHEREAS, the application requests a variance to the standards of the sand and gravel ordinance to allow 24-hour operation seven days a week; and WHEREAS, crushing operations are proposed; and WHEREAS, the applicant was present at the meeting and no one from the public spoke for or against the permit application; and WHEREAS, the Planning Commission unanimously recommended approval of the mining permit at their February 25, 2008, meeting. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, grants a variance to the standards of the sand and gravel or- dinance that the extended hours of operation are not in conflict with the purpose and intent of the Comprehensive Plan and Reclamation Plan and shall not cause any adverse impact to public health, safety, or general welfare, based on the following findings of fact: A. The city has allowed the dredge to operate 24/7 since 1995 when the dredge was first installed. B. During the 11 years the dredge has operated, only one noise complaint was re- ceived by the city. That complaint was received in 1996. The applicant was con- tacted and the problem was resolved in a timely manner. C. Residents are encouraged to immediately contact Aggregate Industries of any noise issues so that the problem can promptly be identified and mitigated in a timely manner. D. The variance relating to the hours of operation will be evaluated annually. BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, approves the request by Aggregate Industries — North Central Region, Inc. for a mining permit ending January 31, 2009, subject to the following conditions: 1. The provisions as stipulated in Title 3, Chapter 10 of the Citys Codes (Mining, Sand, and Gravel Operation) shall be complied with, except as modified below. Resolution No. 08-XXX Page 3 2. The applicant is responsible for removing any materials that may have spilled onto any public roadway. This material shall be cleaned up immediately. 3. The outer edge of mining limits abutting public right-of-way or private property must not be closer than 100 feet to any right-of-way or property line. 4. The "future mining" designation on the 2008 Operations Plan is only an illustration of the appiicanYs future desire to mine in those areas. City approval of the 2008 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2008 Mining Permit does not imply approval to mine within the required 200-foot setback from the Mississippi River, within the Missis- sippi River itself, or in the vicinity of archeological sensitive areas. 5. Bituminous/asphalt materials are prohibited from being buried on the premises. Bi- tuminous/asphalt, concrete, and street sweepings originating within the geographi- cal boundaries of Cottage Grove may be temporarily stockpiled on the site for processing (e.g. crushing, screening, etc.) and/or reuse. 6. The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night-time operations (i.e. be- tween the hours of 10:00 p.m. and 6:00 a.m.) are disturbing, the applicant agrees to voluntarily cease operation during night-time hours until such time the noise source is identified and appropriate corrections are made. 7. AII existing trees within the area shown on the 2008 Operations Plan as "Future Mining" must be protected from all mining operations. 8. Aggregate Industries must instali erosion control devices at the base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to control run-off and divert it to a sedimentation basin before entering any naturai drainage system. Erosion control measures must be implemented within a reasonable amount of time. 9. Archeological and landmark sites on Lower Grey Cloud Island must be protected and undisturbed. A buffer of at Ieast 100 feet must be maintained between all mining operations and historic/landmark sites. The outer edge of the buffer area closest to the mining operations must be clearly marked with signage. Stripping, mining, and depositing earth materials south of the access road leading to the River Beacon Farms site is prohibited. In order to pursue mining operations south and west of the River Beacon Farms site, the State Historic Preservation Officer and the Minnesota Indian Affairs Council must review and approve the applicanYs mining plan. 10. Equipment operators and motorists must only drive on existing access routes near the River Beacon Farm site so as not to accidentally disturb or destroy burial mounds or any other archeological sites in this vicinity. Resolution No. 08-XXX Page 4 11. A minimum of 100 trees must be planted. The plant sizes will be based on the rec- ommendations of the arborist to improve their survivability. The applicant contin- ues to work with a certified arborist meeting city approval in creating a revised planting plan and to monitor the survival of all newly planted trees. The arborist must file a report with the city twice a year documenting the survivability of tree plantings and recommendations for future planting plans. 12. The appiicant is responsible for obtaining all state and federai permits relating to their mining operations on Lower Grey Cloud Island. 13. The applicanYs current reclamation plan is titled "Harbor Island Concept Plan." The City has not provided any formal review or approval of the "Harbor Island Concept Plan" and is only an illustration of a development concept that the appli- cant and landowner have considered. The City's approval of the 2008 Operations Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan. Passed the 21st day of February, 2007. Sandra Sniely, Mayor Attest: Caron M. Stransky, City Cierk EXCERPT FROM UNAPPROVED MINUTES OF THE FEBRUARY 25, 2007, PLANNING COMMISSION MEETING 6.1 Aggregate IndaastrBes Miroing Perrro6t— PBanning Ca�e tdo. I�IP08�003 Aggregate Industries has applied for their 2008 mining permit to continue their mining operations on Lower Grey Cloud Island, 11250 Grey Cloud Trail South. McCool summarized the planning staff report and recommended approval subject to the con- ditions stipulated in the staff report. McCool reported that the applicant's 2008 Operation Plan proposes the planting of 100 trees versus the 380 trees recommended by stafF. Patty Christensen, representing Aggregate Industries, stated that they propose to plant 100 trees this year and will continue to maintain all the other trees that were planted in the last couple years. The primary reason less trees are proposed this year is because the area where new trees will be pianted is not in the same area where the other trees were planted in previous years, thus requiring their company to have to maintain two areas. Brittain asked if anyone knew what the survivability rate was for the tree seedlings pianted years before. McCool did not know the survivability rate of the tree seedlings that were planted five to ten years ago, but stated that the arborist's 2007 report did reference the re- planting of 109 trees out of 860 trees that were planted in the last two years. Messick asked about the purpose of the tree plantings. McCool explained that tree plantings proposed in this year's reclamation plan are along the northeast slope of the mine pit that parallels the public roadway named Grey Cioud Trail. A windrow of evergreen trees pres- ently exists between Grey Cloud Trail and the pit, which screens most of the public's view of the mining operation. Planting additional trees along this corridor will help maintain a screen along this road as the trees grow larger. Clusters of trees and shrubs have also been planted throughout the areas where mining operations have ceased and reclaimed. It was pointed out that the property owner does have a concept plan for development, and the trees are in- tended to create a natural environment for the property's future uses. Doug Wermerskirchen, plant manager for Aggregate industries, reported that most of the trees removed in the past were boxelder, cottonwood, and elm species. The tree plantings proposed in the 2008 Reclamation Plan would not be planted all the way to the base of the slope along the northeast side of the pit. He explained that waste sand will continue to be deposited along the base of this slope. Wermerskirchen said they are mining deeper as compared to years ago, thus reducing the amount of surface area that is disturbed. Brittain suggested that a methodology needs to be developed in determining the tree quanti- ties that should be planted. He thought it was reasonable to consider the planting of 100 trees this year since no existing trees will be removed. The Planning Commission agreed that it is not their intent to forest the island. Hofland suggested that plantings other than trees should be considered. Folch-Freiermuth expressed concern for the aging evergreens aiong Grey Cloud Esland and suggested that densely planted vegetation be maintained to screen the mining operations from the public's view. Excerpt from Unapproved Pianning Commission Minutes Aggregate Industries Mining Permit — Planning Case MP08-003 February 25, 2008 Page 2 of 3 Thiede opened the public hearing. No one spoke. Thiede closed the public hearing. Messick rr►ade a e�►otion to arrrer►d Cor►dition No. 1 f to or►ly require fhe �lae�ting� oi 100 trees for the 2008 year. Willhite seconded. The motion passed unanimously (7-to-0 vote). Messick made a motion to approve Aggregate lndusfries' 2008 Mining Plan and vari- ance application concerning the ordinance requirement limiting mining operations to allow the dredge to operate 24 hours per day, seven days per week, based on the findings of fact for the variance and subject to the conditions listed be/ow: Findinps of Fact: A. The city has allowed the dredge to operate 24/7 since 1995 when the dredge was first installed. B. During the 11 years the dredge has operafed, only one noise comp(aint was re- ceived by fhe city. That complaint was received in 1996. The app(icant was con- tacted and the problem was resolved in a timely manner. C. Residents are encouraged to immediately contact Aggregate lndustries of any noise issues so that the problem can promptly be identified and mitigated in a timely manner. D. The variance relating to the hours of operation will be evaluated annually. Conditions ofApproval: 1. The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand, and Gravel Operation) shatl be complied with, except as modified below. 2, The applicant is responsible for removing any materiafs that may have spilled onto any public roadway. This material shall be cleaned up immediately. 3. The outer edge of mining limits abutting public right-of-way or private properly must not be closer than 100 feet to any right-of-way or property line. 4. The "future mining" designation on the 2008 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approva/ of the 2008 Operations Pfan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2008 Mining Permit does not imply approval to mine within the required 200-foot setback from the Mississippi River, within the Missis- sippi River itself, or in the vicinity of archeotogica/ sensitive areas. 5. Bituminous/aspha/t materials are prohibited from being buried on the premises. Bitu- minous/aspha/t, concrete, and street sweepings origfnating within the geographical boundaries of Cottage Grove may be temporarily stockpiled on the site for proc- essing (e.g, crushing, screening, etc.) and/or reuse. Excerpt from Unapproved Planning Commission Minutes Aggregate Industries Mining Permit — Planning Case MP08-003 February 25, 2008 Page 3 of 3 6. The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night-time operations (i.e, befinreen the hour� of 10:00 p.rre. and 6:00 a.m.) are disturbbng, td►e applicant agrees to votuv►tarily cease operation during night-time hours until such time the noise source is identified and appropriafe corrections are made. 7. All existing trees within the area shown on the 2008 Operations Plan as "Future Min- ing" must be protected from all mining operafions. 8. Aggregate Industries must install erosion control devices at the base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to control run-off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be implemented within a reasonable amount of time. 9. Archeological and landmark sites on Lower Grey Cloud !sland must be protected and undisturbed. A buffer of af least 100 feef must be maintained befween all min- ing operations and historic/landmark sites. The outer edge of the buffer area c/os- est to fhe mining operations must be clearly marked with signage. Stripping, mining, and depositing earth materials south of the access road leading to the River Beacon Farms site is prohibited. ln order to pursue mining operations south and west of the River Beacon Farms site, the Sfate Historic Preservation Officer and the Minnesota Indian Affairs Council must review and approve the applicant's mining plan. 10. Equipment operators and motorists should only drive on existing access routes near the River Beacon Farm site so as not to accidentally disturb or destroy burial mounds or any other archeological sites in this vicinity. 11. A minimum of 100 trees musf be planfed. The plant sizes will be based on the rec- ommendations of the arBorist to improve their survivability. The applicant contin- ues to work with a certified arborist meeting city approval in creating a revised pianting plan and to monitor the survival of all new/y planted trees. The arborist must file a report with the city twice a year documenting the survivability of tree planfings and recommendations for future planting plans. 12. The applicant is respansible for obtaining all state and federal permits relating to fheir mining operations on Lower Grey Cloud Island. 13. The applicant's current reclamation plan is titled "Harbor !sland Corecept Plan." The City has not provided any formal review or approval of the "Harbor tsland Concept Plan" and is only an illustration of a development concept that the appli- cant and landowner have considered. The City's approval of the 2008 Operations Plan does not guarantee approvat or impiy future approval of the Harbor Island Concepf Plan. Brittain seconded the motion. The motion passed unanimously (7-to-0 vote).