HomeMy WebLinkAbout2010-04-21 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 4 /21110
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Hold the public hearing on the conditional use permit application from 3M Company to
excavate approximately 10,000 cubic yards of soil from the area described as Disposal Site
Area 9.
2. Consider approving the conditional use permit.
STAFF RECOMMENDATION
Adopt the resolution approving the conditional use permit to allow excavation of Area D9 at 3M
Cottage Grove.
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE REVIEWED
APPROVED DENIED
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® MEMO /LETTER: Memo from John McCool dated 4/13/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
Administrator
ms�_
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: April 13, 2010
RE: 3M Conditional Use Permit — Site D9 Grading Permit
_ t••
3M Cottage Grove has submitted a conditional use permit application to excavate approximately
10,000 cubic yards of soil from an area described as Disposal Site Area 9. This area is ap-
proximately one acre of land located in the southeast corner of 3M Cottage Grove's site. The
grading plan proposes the following construction schedule:
• Mobilization and site preparation —May 2010.
• Start grading operations— May 2010.
• Area D9 excavation, backfill, and compaction —May 2010
• Site restoration —September 2010.
Location Map
A copy of 3M's Erosion & Sediment Control Plan, Excavation Plan, and Site Restoration Plan are
attached.
Honorable Mayor, City Council, and Ryan Schroeder
3M Grading Permit —Area D9
April 14, 2010
Page 2 of 5
The Planning Commission reviewed 3M's Remedial Action Plan on October 26, 2009 and the
Environmental Task Force reviewed the plan on October 27, 2009. Both groups understood
that the plan included the removal of PFC materials from the D1, D2, and D9 sites and the
future work in the East Cove, sandbar area south of the East Cove and installing monitoring
wells in this vicinity. Both advisory groups unanimously recommended approval for the general
remedial plan and granting a conditional use permit for the work to begin in Areas D1 and D2.
.. • � .;.
The 3M Company produced perfluorochemicals (PFCs) at the 3M Cottage Grove facility from
the late 1940's until 2002. Perfluorooctanoic acid (PFOA) was the main type of PFC made at
this site. PFOA is used in the making of products that resist heat, oil, stains, grease and water.
Wastes from the production process were disposed on site in specially prepared pits. The water
treatment plant that processed water from production activities did not remove PFCs, so PFCs
were in the waste water that went into the Mississippi River. Some sludge left over from the
water treatment process also contained PFCs and was disposed on site.
In 2006 the Minnesota Pollution Control Agency (MPCA) and 3M entered into a Settlement
Agreement to cleanup dump sites in Washington County in which perfluorochemicals (PFCs)
had been deposited. One of these sites is the 3M Cottage Grove plant. The Consent Order re-
quired 3M to develop plans to cleanup these sites.
A Feasibility Study was prepared to evaluate various alternatives to remove PFCs in soil and
groundwater at the 3M site and to provide recommendations for implementation. The MPCA has
reviewed the alternatives and issued a Minnesota Decision Document in August 2009. This doc-
ument summarized the facts and determinations made by the Minnesota Pollution Control
agency in approving the recommended response action alternatives. A summary of the recom-
mended remedies at the 3M Cottage Grove site are:
• Institutional controls /deed restrictions, site access controls and long -term groundwater
monitoring.
• Enhanced groundwater recovery with carbon treatment to remove PFCs prior to dis-
charge.
• Stabilize flow channel to East Cove and remove PFC- containing sediments throughout
the site.
• Remove portions of sandbar at the East Cove outlet.
• Remove concrete basin previously used for sludge neutralization /disposal in Disposal
Area D1 and remove additional overlying soils in that area.
• Remove PFC contaminated soils in Disposal Areas D1, D2, and D9 which exceed Indus-
trial Soil Reference Values for PFOA and /or PFOS.
Honorable Mayor, City Council, and Ryan Schroeder
3M Grading Permit — Area D9
April 14, 2010
Page 3 of 5
• Transport excavated soil, sediments and materials to an engineered long -term contain-
ment cell at SKB Industrial landfill, Rosemount, Minnesota or Environmental Quality
Company's disposal waste treatment plant in Belleville, Michigan. All excavated materials
exceeding the Industrial Soil Reference Values established by the MN Pollution Control
Agency will be disposed off -site.
The first cleanup phase was initiated at Area D1 and Area D2 in December 2009. Area D1 was
a hydrofluoric tar neutralization pit that was used from the mid 1960's to the early 1970s. Hy-
drofluoric tars were neutralized with lime in a concrete basin with reported dimensions of 15 feet
by 15 feet by 8 feet. The D1 Area was closed and covered with local soils in the early 1970s.
This site is approximately a half acre in area and is located on top of a narrow peninsula of land
that extends southeast from the rest of the 3M Cottage Grove site. Area D2 was a sludge dis-
posal area that received sludge from 3M's wastewater treatment ponds. This site is located be-
tween the wastewater treatment ponds and Area D1 to the east and is approximately 1.5 acres
in area. Area D2 was closed and covered with local soils sometime between 1973 and 1975.
The aerial photograph below shows the Phase I clean -up activities for Areas D1 and D2.
.- •
Area D9 Clean -up Operations
Area D9 is a former sludge disposal pit. The surface soils over the entire excavation area will be
removed to a depth of approximately 10 feet. This soil will be used as backfill material following
the excavation and will not be placed within four feet of the finished surface elevation. Soils
within the excavation area will be sampled and analyzed. Based on the test results, soils will
either be characterized as non - hazardous for off -site disposal or potentially hazardous material
(e.g. soils containing VOCs, PCBs, and PFCs).
Honorable Mayor, City Council, and Ryan Schroeder
3M Grading Permit — Area D9
April 14, 2010
Page 4 of 5
All material considered potentially hazardous will be segregated in stockpiles approximately 50
to 100 cubic yards in each defined stockpile. The stockpile area is described as Area D2.
Samples of these material stockpiles will be taken to determine the appropriate disposal
method. After analyses are complete, the material will be loaded and hauled to the SKB Landfill
in Rosemount, Minnesota or the Environmental Quality Company Landfill in Belleville, Michigan.
3M will test and approve imported topsoil before soil can be delivered to the site. Large tractor -
trailer and dump trucks will be used to import clean topsoil and export hazardous materials. A
plastic liner will be placed in the bed of the trailer. Plastic will also cover the soil and sealed shut
so that none of the hazardous material will leave the truck until it reaches its destination. Trucks
returning to the 3M Cottage Grove site empty or hauling clean soil material might travel through
Hastings. The haul route for transporting contaminated soils to SKB in Rosemount is shown
below.
3M plans to award the bid for cleanup at the end of this month and their contractor beginning
excavation late April or early May. Temporary haul roads and soil stockpile areas necessary for
soil material excavation and replacement will be constructed in the D9 vicinity. All construction
erosion and sediment control measures necessary for compliance with the project's stormwater
permit will be installed, maintained, inspected, and replaced as needed. The northern slope of
Area D9 may require additional measures to maintain slope stability. These measures may in-
clude benching, shoring, or sheeting if sloping is not sufficient. Soil material hauling off site and
receipt of backfill on site is permitted between 7:00 a.m. and 3:30 p.m. daily. The contractor can
work on the site from 7:00 a.m. to 5:00 p.m.
Truck Haul Route
Honorable Mayor, City Council, and Ryan Schroeder
3M Grading Permit —Area D9
April 14, 2010
Page 5 of 5
Tree Removal
Some trees were removed in the D1 and D2 areas. Additional trees will be removed in the D9
and East Cove areas. Tree removal in D1, D2, D9, and the East Cove areas is approximately
four percent of the wooded area east of 31VI's wastewater treatment plant. The City's Tree Pre-
servation Ordinance allows up to 30 percent tree removal without requiring tree replacement.
3M's proposed Soil Removal Project complies with requirements of the City's tree ordinance.
Future Clean -up Phases
The agreements reached between 3M and MPCA call for 3M to initiate additional fieldwork on
the extent of PFCs at this facility. This work will be completed in the future as a Phase 2 clean-
up activity. 31VI's Remedial Action Plan was submitted to the MPCA in December 2009. This
Plan included the work at the D1, D2, and D9 sites and the future work for the East Cove, sand-
bar area south of the East Cove and monitoring well areas. 3M Cottage Grove is required to file
a conditional use permit application for all future clean -up phases.
That the City Council holds the public hearing for 31VI's conditional use permit application that pro-
poses to excavate the area described as Area D9 on the 3M Cottage Grove site. A public hearing
notice announcing this public hearing was published in the South Washington County Bulletin on
April 7, 2010. Public hearing notices were mailed on April 9, 2010 to 56 property owners in the
area around the proposed clean -up site.
Depending on testimony, the City Council may approve the conditional use permit to excavate
the area identified as Area D9 at 3M Cottage Grove. The conditions of approval are included in
the attached draft resolution.
• • 0 FLINN :1 I ki N1111111 I NMI asiel 1 • 0 M WIRIMIA V J1 I Is IMMOYATI-11
...• crr : -� • • .• ...
• zZ
WHEREAS, 3M has applied for a conditional use permit to excavate approximately
10,000 cubic yards of soil from approximately one acre of land located in the southeast corner of
the 3M Cottage Grove sit, located on property legally described below:
That part of Section 35, Township 027 North, Range 21; Cottage Grove, Washington
County, MN being in the West Half of Section 35, Township 027 North, Range 21 West
and lying south of the right -of -way of the Chicago, Milwaukee, & St. Paul Railway
Company.
WHEREAS, a public hearing notice was published in the South Washington County
Bulletin on April 7, 2010; and
WHEREAS, public hearing notices were mailed to 56 neighboring property owners on
April 9, 2010; and
WHEREAS, the City Council held the public hearing at their meeting on April 21, 2010.
The applicant was present at this hearing. No one spoke for or against the application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage
Grove, Washington County, Minnesota, hereby approves the conditional use permit to excavate
approximately 10,000 cubic yards of soil from approximately one acre of land located in the
southeast corner of 3M Cottage Grove's site described as Area D9 as proposed on the con-
struction design documents prepared by TKDA and dated March 31, 2010, subject to the
following conditions:
1. 3M must comply with the remedial actions documented in the Minnesota Decision
Document made by the Minnesota Pollution Control Agency staff in approving the
recommended response action alternatives.
2. 3M will obtain all required State permits before excavation begins.
3. Temporary basins may be required as part of erosion and sediment control during
excavation. The duration of the basins is dependent upon the time of excavation
and re- vegetation of the site.
4. Prior to grading, all trees to be preserved must be field identified and grading limits
cordoned with a suitable barrier such as fencing by the applicant. The barrier shall
be located to coincide to the extent practicable with the drip line of trees to be
preserved.
Resolution No. 2010 -XXX
Page 2 of 2
5. A conditional use permit is required for all other future clean -up sites that are not
described as Area D9 or any grading which results in the moving of more than
1,000 cubic yards of material.
6. A copy of the National Pollution Discharge Elimination System (NPDES) general
storm water permit from the MPCA must be given to the City.
7. 3M will provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) and
a copy of all the erosion control inspections to the City Engineer.
Passed this 21 st day of April, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
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