HomeMy WebLinkAbout2011-03-16 PACKET 04.P.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 3/16/09
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1) Consider approving the 2011 Annual Mining Permit to allow Aggregate industries to
continue their mining operations on Lower Grey Cloud Island.
2) Consider granting a variance to the ordinance requirement limiting mining operation hours.
STAFF RECOMMENDATION
Adopt the resolution approving Aggregate Industries' 2011 mining permit with a variance to
mining operation hours.
ADVISORY COMMISSION ACTION
DATE
® PLANNING 2/28/11
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
REVIEWED
APPROVED
DENIED
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from John McCool dated 3/9/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Excerpt from 2/28/11 Planning Commission Minutes
ADMINISTRATORS COMMENTS
_ �3
City Ad inistrator Date
COUNCIL ACTION TAKEN: /APPROVED ❑ DENIED ❑ OTHER
rA
CITY OF COTTAGE GRO\F=
,',AWW "MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: March 9, 2011
RE: Aggregate Industries Annual Mining Permit — Nelson Mine
WoM
The Council is requested to consider approving Aggregate Industries annual mining permit to
continue mining sand and gravel at the Nelson Mine on Lower Grey Cloud Island. Their 2011
mining operations plan proposes the following:
• Mining and processing approximately 700,000 tons of aggregate materials.
• Tree and brush clearing on approximately seven acres of land.
• Stripping of topsoil material will be conducted in an area of approximately ten acres.
• 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 2010 Mining Permit Operation Plan is attached.
Honorable Mayor, City Council, and Ryan Schroeder
Aggregate Industries Annual Mining Permit
March 9, 2011
Page 2 of 5
Planning Commission
The Planning Commission reviewed the proposed mining permit application at their meeting on
February 28, 2011. The applicant was present. No public testimony or written comments were re-
ceived at that meeting. The Commission supported the applicant's proposal and unanimously
recommended approval (7 -to -0 vote) to grant a variance that allows mining to operate 24 hours
per day, seven days per week and approval of the 2011 mining permit based on certain condi-
tions listed in the draft resolution. An excerpt from the Planning Commission's unapproved
minutes is attached.
Ordinance Requirements
City Code Title 3 -10 requires an annual mining permit, which must be reviewed by the Planning
Commission within sixty days after the completed application has been accepted by the City. The
Planning Commission's recommendation is forwarded to the City for final action. The purpose of the
annual mining permit is to:
• Ensure the restoration of the mined area is consistent with existing and planned land use pat-
terns and to promote appropriate reuse of the mined areas; and
• Ensure conformity 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.
In 1950, property owners Paul K. and Mary Schilling 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, allowing mineral extraction on the
Island for 20 years. Aggregate Industries projects that sand and gravel resources could be mined
for another 20 to 30 years based on the future ability to mine in the Mississippi 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 City of 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 applicant's 2011 Mining Permit application. With some exceptions, the proposed 2011
Operations Plan generally replicates landforms and topography as approved in 1982.
Dredge Operations
A dredge is used to excavate raw aggregate materials. This dredge is of a "twin - clamshell" design
and is one of the largest 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 completed
Honorable Mayor, City Council, and Ryan Schroeder
Aggregate Industries Annual Mining Permit
March 9, 2011
Page 3 of 5
in 1995, and the dredge was equipped with sound - absorbing equipment in 1996. The dredge is
used to reach sand reserves below the water surface near the Mississippi River. Its 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 surface. This year's mining plan proposes a mining depth between 90 to 125 feet.
Mining Operations
After the material is excavated by the dredge, the mined aggregate is transported by a conveyor
system that is about 9,100 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 over 95 percent of the aggregate materials mined will 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 five 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 Highway 61. This haul route has generally not changed
over the many decades of mining on Lower Grey Cloud Island.
A summary of the Nelson Mining operations since 1993 is attached.
Planning Considerations
Proposed Mining Operations
The 2011 Operation Plan proposes to remove approximately seven acres of trees and brush. Strip-
ping topsoil will be conducted in an area that is approximately 10 acres. Loaders, scrapers, and haul
trucks will stockpile this material for later reclamation or immediately placed on a reclaimed area.
The area where trees and brush and topsoil stripping is proposed to occur is west - northwest of the
current dredge location.
Honorable Mayor, City Council, and Ryan Schroeder
Aggregate Industries Annual Mining Permit
March 9, 2011
Page 4 of 5
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 constructed 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 implemented within a rea-
sonable amount of time for the stockpile and berm.
Environmental Impact Statement Process
The applicant is not proposing to mine within the Mississippi River backwaters or river channel dur-
ing their 2011 operations, but is interested in mining these areas sometime in the future. Because of
potential environmental impacts mining in the backwaters might have, Aggregate Industries filed an
Environmental Impact Statement application with the City in May 2008. The City hired Barr Engi-
neering to provide consulting services to prepare an EIS that complies with State environmental
rules and the National Environmental Policy Act. The draft EIS document is scheduled to be com-
pleted in 2011. The Planning Commission will have the opportunity to review the draft and final EIS
sometime this spring. The City's review of their 2011 Mining Permit application does not include any
approval to mine within the backwaters or main river channel.
Reclamation Plan
The Reclamation Plan proposes to continue to reclaim slopes along the north and northeast areas of
the mine and west of the waste sand area. Stabilizing the shoreline around all water bodies within
the mine area will also continue. The upland restoration will occur in the area located northwest of
the large lake and north of the main conveyor alignment. This area will be reclaimed to elevations at
least three feet higher than the 100 -year flood elevation. City ordinance establishes the 100 -year
flood elevation as 700 feet above mean sea level.
Last year, Aggregate Industries and Great River Greening initiated the reclamation of mined areas
on Lower Grey Cloud Island. The areas disturbed by mining were graded to establish rolling terrain
and pot -hole lakes to mimic the original native prairie of this area. Some of the reclaimed ground
was seeded with native prairie species and planted with acorns and oak seedlings collected from
bur oaks on the island.
This year, Aggregate Industries' first priority will be to nurture the existing plantings, and they will
provide watering systems to these plants if the weather does not provided a sufficient amount of
rain. Additional rigid mesh tubes and /or deer fencing may be installed to protect seedlings. Addi-
tional acorns will be collected in the fall and the final three groves will be planted if watering and
additional herbivory protection is minimal.
Attached is a copy of the Oak Savanna Restoration Plan as revised on September 3, 2010. The
overall implementations of oak savanna, prairie, shoreline, and wetland reclamation and restoration
activities are generally supported. As they implement this plan, the applicant must continue to up-
date the City on the effectiveness of the reclamation and restoration activities, particularly how many
acorns are planted and how many oak seedlings are growing. If the number of trees is low, then
another tree planting alternative will need to be discussed.
Historic Sites and Landmarks
Mining activities will continue to avoid and preserve the sensitive historic, cultural, and important
natural features (remnant oak savanna) of the island. Archaeological surveys were completed in the
last couple years for the areas where recorded historic sites are known. The results of these surveys
Honorable Mayor, City Council, and Ryan Schroeder
Aggregate Industries Annual Mining Permit
March 9, 2011
Page 5 of 5
and reports concluded that Aggregate Industries can proceed with future mining operations as
shown on their 2010 Operations Plans. The 2011 Operations Plan is consistent with the 2010 Oper-
ations Plan.
Meeting Notices
A meeting notice was mailed to 14 property owners who are within a half -mile of the mine. These
notices were mailed on February 9, 2011.
That the City Council adopts a resolution approving:
1. Aggregate Industries' annual mining permit; and
2. 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 mining permit with variance is based on the findings of fact supporting the
variance and subject to the conditions listed in the draft resolution.
W
_
G
�. Z
0
� W
Z
Z uj
Wo
CL Z
0
Z Q
W
w
0
Q
in
0
Z_ 4)
tO
'O
O
0
W
O
(
O
O
O
O
O
O
O '.
O
r
M
Z_ O
O
N
C
N
6i
N
Lfl
V
p
M
Ln
LO
U')
LO
CO
N.
m
Q
r
r
r
>-
r
Y
E
E
a)
( O
C
-6 m
0 0
m
`v
E
E
m m m
E,co a)
n-
y'v.
N
m
m IT
st
'
MN.
mN
ON:
mN
NN
u)N
(7
O >
'O m O.
c
0
N
4A
tq
NL'
NL
Nom:
NL
a.0
O)N
�-C
mN
�
- gym
�
Z_
E w m
m 3 a)
'a
>
a
a��
v
,O)
N 0)
w ,m
N rn
v 0
,c
o
c
a)
a)
(-
rp m
N
a)
ID N @
O
N.0
@
N
a)
L
Z
Q
�> @ >.
-
3 N
'd
Y
O
O
O
co
0
co
O
lfJ
NL.
E'.
�L
E :
E
�L
E
NL.
N E
N L
N
a)"�:
E
a)
0
O
- a) fn
L y
M
: j
.`-.
m
NN
e
m
N'�
O
a)
J
Q.
c m
@
M
N
O
3
O.F
O
... p:
O.O
>
a
m w
m c
O
to E'
° E
L E';
° E
o E'
a) L
O E
a) L
M
a)
> C
a 9.
y,.�
I
N :
C
N ' C_
N G.
N ' C
UO �E
N
O •
- ),E
(O
y .
CU
@
a) M�
E
r E
E?
r E
m.E:
E
Y
o
E
...
o
o @
-
N
N
o
6
w
O
z
O m
Z
@
c
@�
0
T
m
Ea
W Z
@
v
@ a)
V (�
W
E
:
N
N 'O
-
J F
X
N
N
N
N
N
Q
O
n
u
m
ca
m
'a
a
@
Lo
m
m
to d
@
m
@
o
0
0
ro
a
m
m
m
o
0
o
O:
O
0'
o
CL
O V
W
cli
N
N
N
N
m
Cl
r
0
W
T
M
O
0
}- W
N
r
L Q'
_O
N rn
m
O
J
N
w
u
U
U)
m
Q
Q
Z N
U 0 6
a
U
CL d
O
r
Cl)
M
m-
@'.._
@_
SJ a)
m a
0
m
GV U'
m .
m
n
m
C�
O
O
O
N
O
O .O
O O
QO O
Lo j
V g)
V j)
r
O
O
O::
CO
O
0' Q
06
,-
td �..
(o m
ti co
M m
V
r
O
to
r
t0
r
r.
M
�
y�
N
�•
z
Z W
a v
a0
00
0
0
0
0
0
0
0
o
j o
0
0
(D
O
LO
r
ui
UQ
J
V-
p
m
N
O
o
O
a
p
6
O.
O
O
O
b
O
O.
O
a
O
O.
�.
6
6
Q
E
r0+
o
e
o
n
O
o
o
f o
o
O
g]
o
O
o
N W
°
o
'-
o
o
°o
0
0
0
o
o
0
o
j o
o
0
0
o
°o
O
O
O
O
O
O
O
O
O
O
O
O
O
O
®�
o
o
0
0
O
o
O
o
0
0
0
0
I O
o
o
Oj
c l
h�
o
N i
O
0
0
0
0
0
o
o
0
0
0
l 1 0
0
0
01
0
0
u;
o
... 0
0
0
0
: o
j o
o
j 0
0
0
0
0
0
, 0
o
f o
0
x9
O
03
V
f:�-
j
C4
CO
{O
j co
LO
i Ili
V
T
N
C
CO
r
m
LO
� M
N
O
m
r w
h.
L4
LL')
'S
M
r
r
O
1 O
C O ,
O
O
O
O
w m
m
m
m
m
G)J
m
W
O
O
O
O
O
O
O
O
O
O
O
m
m
m
O?
m
m
m
N
N
N
N
N
N
N
N
N
N
J N
in
0
0
AGGREGATE
WDUS TIES
Case No.:
City of Cottage Gro
A nnual
A pplica tio n
Rcvd by:
Rcpt. #:
1. Mining Operator: Aggregate Industries — North Central Region, Inc.
Phone: (651) 683 -0600
Address: 2915 Waters Road, Suite 105, Eagan, MN 55121
2. Mine Owner: PAS Associates, LTD, c/o Hugh K. Schilling
Phone: (651) 361 -6440
Address: 2565 Walnut Street Roseville MN 55113
3. Legal Description of Property:
Please see attached Narrative
4. Attach all information as required by Chapter 20 -5 of the City Code (See the
attached 2011 Mining Permit Application 15 Copies are required. For renewal
applications, supply all proposed changes to approved reclamation plans as
applicable.
5. Check amount of material to be removed during permit year and attach fee.
❑ 100,000 tons or less fee: $250.00
❑ More than 100,000 tons fee: $500.00
6. Attach Certificate of Insurance. Minimum amounts of insurance shall be as
provided by Chapter 20 -10 (see the exhibits attached to the 2011 Mining Permit
Application
7. Acknowledgment and signature: Aggregate Industries - North Central Region,
Inc, as the Mining Operator, hereby represents upon all of the penalties of the law,
for the purpose of inducing the City of Cottage Grove to grant an Annual Mining
Permit, that all statements are true and that all work will be done in accordance
with the ordinance of the City of Cottage Grove and the laws of the State of
Minnesota.
— North Central Region, Inc.
r
By -'�;7 �,� Dated:
�� /lam
City of Cottage Grove
2011 Annual Mining Permit Application
Page 2
Acknowledgment and signature: PAS Associates, LTD, as Landowner, hereby
consents to the mine plan of operation for the year 2011 as represented by
Aggregate Industries —North Central Region, Inc.
PAS ocia s, LT�
By: n 3JL Dated:
Its: �G � z I
ORDINANCE AND RESPONSE
(a) Ordinance: The name and address of the applicant and of the owner of the
land.
Response: Operator - Aggregate Industries - Midwest Region, Inc.
2915 Waters Road, Suite 105
Eagan, MN 55121
Landowner - PAS Associates, Ltd.
c/o Hugh K. Schilling
2565 Walnut Street
Roseville, MN 55113
(b) Ordinance: A legal description of the lands from which it is proposed to mine.
Response: NE i / 4, SE 1/4, Section 31, Township 27, Range 21, South along
Grey Cloud Trail
W %, SE' /4, Section 31, Township 27, Range 21
E ' / 2, NE '/4, NW ''/4, Section 31, Township 27, Range 21, South
along Grey Cloud Trail
WI/2, NE1/4, NW '/4, Section 31, Township 27, Range 21, South
along Grey Cloud Trail
NW '/4, NW '/4, Section 31, Township 27, Range 21
S '' /z, NW '/4, Section 31, Township 27, Range 21
E %, SW 1 /4, Section 31, Township 27, Range 21
Lot 1, Section 31, Township 27, Range 21
N'h, NE' /4, Section 36, Township 27, Range 22
S '' /2, NE ' / 4, Section 36, Township 27, Range 22
N %2, SE 1 14, Section 36, Township 27, Range 22
Lot 2, Section 36, Township 27, Range 22
Lot 3, Section 36, Township 27, Range 22
SE 1 /4, SW ' / 4, Section 25, Township 27, Range 22
NE Y4, NW ' / 4, Section 36, Township 27, Range 22
S 'h, NW 1 /4, Section 36, Township 27, Range 22
NW '/4, SW 1 /4, Section 36, Township 27, Range 22
N ' / 2, SW ' / 4, SW ' / 4, Section 25, Township 27, Range 22
S Yz, SW 1 /4, SW, 1 /4, Section 25, Township 27, Range 22
NW ' / 4, NW ' / 4, Section 36, Township 27, Range 22
NW Y4, SW i / 4, Section 36, Township 27, Range 22
N'' /2, NE 1 /4, Section 35, Township 27, Range 22
S '' /z, NE 1 /4, Section 35, Township 27, Range 22
SE 1 /4, SE 1 /4, 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 %, 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 Y4 SW 1 /4 Sections 36, Township 27, Range 22
Lot 5 Section 35, Township 27, Range 22
(c) Ordinance:
Response:
Nantes of all adjacent landowners within one -half mile radius.
Nelson Plant Neighbors
Aggregate Industries
Aggregate Industries
Aggregate Industries
Appert, John & Julie
Brown, Dave & Kathy
Boggie, Patricia
Christopherson, William
Hale, Rod & Mary
Karter, Katarina
Kartarik, Betty
Kulvich, Jean
LaChapelle, Nanette
Madsen, Fred
Maloney, Ryan & Kate
Wald, Gene & Margaret
12073 Grey Cloud''rail South
12075 Grey Cloud Trail South
12085 Grey Cloud Trail South
11395 Grey Cloud Trail South
11975 Grey Cloud Trail South
11971 Grey Cloud Trail South
11971 Grey Cloud Trail South
11701 Grey Cloud Trail South
10971 Grey Cloud Trail South
10870 Grey Cloud Trail South
11523 Grey Cloud Trail South
11973 Grey Cloud Trail South
10971 Grey Cloud Trail South
11881 Grey Cloud Trail South
11500 Grey Cloud Trail South
(d) Ordinance: The purpose of the removal.
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
St. Paul Park
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Cottage Grove
Response: Aggregate Industries operates the Nelson Plant to process raw
material into commercial aggregates. These aggregates are then
incorporated into various products in the Twin Cities metropolitan
area and are utilized for ready mix concrete and/or asphalt in the
construction of highways and buildings, etc.
2
(e) Ordinance: The estimated time required to complete the removal.
Response: Currently, the Company estimates that mining will continue for
another 25 -30 years. These estimates, based on current
information only, are subject to the approval of backwater mining,
market trends, geologic variations and expansion of reserves, as
additional exploration occurs.
(f) Ordinance: The highways, streets, or other public ways within the city, upon
and along, which the materials removed shall be transported.
Response: In 2010, approximately 630,000 tons of aggregate were transported
by barge up the Mississippi River to distribution yards in St. Paul
and Minneapolis. In addition, roughly 22,000 tons were
transported by truck on Grey Cloud Trail to 103` Street, east to
Hadley Avenue, north to 100"' Street, then to L.S. Highway 61.
(g) Ordinance: The plan of operation, including soil processing (any operation
other than direct mining and removal), nature of the processing
equipment, the area, depth and grade of such processing, the
estimated quantity of earth deposits to be added to or removed
from the premises, location of the plant, source of water, disposal
of water and re -use of water. In the event that water is used in the
operation of the pit, approval from the Department of Natural
Resources and appropriate state and federal agencies shall be
obtained as to the type, location and depth of such well and
contained with such application. A separate map at a scale of one -
inch equals two hundred feet or other scale as determined adequate
by the zoning administrator, prepared by a landscape architect or
engineer, shall be submitted showing the following proposed
activities for the permit year.
(g -1) Ordinance: Clearing operations, including a written statement describing the
removal and processing techniques and timing.
Response: Clearing of trees will take place on approximately seven acres in
the area depicted on the 2011 Operations Plan
(g -2) Ordinance: Stripping operations, including a written statement describing the
depth of soil and overburden, removal techniques and timing.
Response: Stripping will be conducted on approximately 10 acres in the area
identified on the 2011 Operations Plan Loaders, scrapers and haul
trucks will remove the topsoil and overburden material, which will
be placed in the area depicted as "Topsoil Stockpile" on the 2011
Operations PIan The combined depth of topsoil and overburden
averages between 2 and 5 feet.
3
In 2008 and 2009, the Company had extensive archaeological
survey work completed in the areas depicted as "future mining" in
the western most portion of the property. This research work
concluded that the proposed expansion could be allowed to
proceed without any risk to significant archaeological resources,
including Townsite 21 WA48
Additionally, in 2009 Company staff along with personnel from
the Office of the State Archaeologist's office, marked a 50 -foot
boundary around the perimeter of the Burial Mound Group
21 WA9
Future mining activities will be conducted outside the delineated
archaeological areas.
(g -3) Ordinance: Stockpiling operations, including topsoil and overburden
stockpiles and a written statement describing timing and
simultaneous extraction and reclamation program, if any.
Response: Topsoil and overburden will be stockpiled in the area depicted as
"Topsoil Stockpile" on the 2011 Operations Plan
(g -4) Ordinance: Extraction operations, including location of proposed drilling,
blasting, loading, dewatering, proposed pit depths and cross
section typical of pit area and slope bank.
Response: Mining will proceed in the area depicted on the 2011 Operations
Plan The dredge will continue to carry out the mining into the
foreseeable future. On the dredge, the material is initially crushed
to smaller than 6 inches in size and excess sand is screened off and
pumped to the banks of the lake. The coarse aggregate blend is
then conveyed to the processing plant where it is crushed, washed,
sorted by size, and loaded onto barges. The plant is expected to
produce approximately 700,000 tons of aggregate in 2011.
(g -5) Ordinance: Transportation facilities, including proposed on -site roads, barge
loading and fleeting areas, and estimated barge capacity of each
area.
Response: The internal roads are unchanged at the site. Barges will continue
to transport the majority of the aggregate off this site. The facility
can store approximately 18 barges.
(g -6) Ordinance: Proposed sequence of extraction and reclamation by at least a ten -
year interval for the projected lifetime of the proposed mining site.
4
Response: The proposed extraction area is identified as `Mining" on the 2011
Operations Plan Mining on the main island will continue to
proceed in a westward direction.
The City, the Corps of Engineers and the Company are in the
process of preparing the Environmental Impact Statement for
mining the backwaters adjacent to the main island. The addition of
underwater mining would add years to the life of the mine.
Currently the estimated life is approximately 11 -13 years. With
the additional underwater reserves, the life could be a total of 25 to
30 years.
Reclamation efforts during the next several years will focus on
creating the large lake, as well as slope and shore stabilization and
re- vegetation. The ultimate lake shape will be similar but smaller
than that which is depicted on the attached Minim Plan by S.B.
Chapman Upland restoration efforts will continue in the area
located northwest of the large lake and north of the main conveyor
alignment, as depicted on the 2011 Operations Plan Waste sand
will continue to be placed in this area, which will ultimately be
reclaimed to elevations at least three feet higher than the 100 -year
flood elevation.
In 2003, the Company was issued a Conditional Use Permit to
construct a berm within the floodway in order to protect the
floating dredge from damage from moving water and to keep the
silt, trees and miscellaneous garbage out of the mine. It is the
Company's desire to continue to maintain this berm until raining is
completed.
(g -7) Ordinance: An estimate of the total number of tons of material to be removed
or stored on site for the permit year.
Response: The plant expects to produce and sell approximately 700,000 tons
of material in 2011.
(h) Ordinance: To provide for an orderly, sequential rehabilitation of all land
permitted to be excavated, and to prepare the mined land for its
ultimate re -use in accordance with city plans, policies and
regulations, a reclamation plan shall accompany each annual
mining permit application. The reclamation plan shall be
submitted in three parts: (1) a general plan for reclamation; (2) a
reclamation contour plan; and (3) a description of reclamation and
materials proposed for renewal of topsoil and planting.
5
(h -1) Ordinance: General Plan for Reclamation. A general plan for reclamation,
prepared by a landscape architect, engineer or surveyor, drawn to a
scale of 1" = 200' or the scale as determined adequate by the
zoning administrator, shall be submitted showing:
a. Area and acreage of completely reclaimed land as of the
date of the annual mining permit application.
b. Area and acreage of reclamation underway as of the date of
the mining permit application.
c. Area and acreage proposed for reclamation during the
proposed permit year.
Response: The 2011 Operations Plan depicts approximately 250 acres which
have been reclaimed to date.
Additional site preparation work will continue to build up the
slopes located to the south of the lake and also in the remaining
area along the east side of the lake.
Ordinance: Proposed final land use and supporting facilities
prepared in the same manner as described above.
Response: The current plan for reclamation of Lower Grey Cloud Island is
depicted on the Landowner's attached Harbor Island Concept
Plan. This concept proposes a planned unit development of mixed
residential, commercial and marina uses as shown. The
Company's reclamation efforts will follow this concept, in general
terms.
(h -2) Ordinance: Reclamation Contour Plan A reclamation contour plan of the area
to be reclaimed during the permit year shall be prepared by a
landscape architect, engineer or surveyor, and drawn to a scale of
1" =200' or other scale determined adequate by the zoning
administrator, indicating grading and sloping of mined areas,
including:
a. Landform topography at 2' contour intervals.
b. Specific slope banks and cross - sections of representative
slopes.
o Average depth of topsoil and overburden of reclaimed
landforms.
6
d. Water impoundment areas, including surface acreage and
elevations, public or private access and typical cross -
sections.
Response: In 2011, waste sand from the dredge will be pumped directly into
the mine lake. As the dredge moves west, reclamation work will
continue with ongoing slope and shore establishment on the south
side of the lake. All slope reclamation will be at 4:1 or flatter.
(h -3) Ordinance: Topsoil and re- planting plan A general plan for replacement of
topsoil and re- planting during the permit year, prepared by a
landscape architect, or engineer, and drawn to a scale of 1" 200'
or other scale determined adequate by the zoning administrator,
and accompanied by a written report, shall be submitted describing
the following:
a. Seedbed and seed mix.
b. Species, size, quantity and location of trees, shrubs and
grasses.
C. Planting Season
d. Visual Screening
e. Wildlife species to be introduced, if any.
f Required topsoil fertility.
Response: All topsoil from the mining area is stockpiled for later reclamation
or immediately placed on a reclaimed area. The preferred seed
mixture is a native seed mix.
Beginning in 2010, the Company will follow the recommendations
of the Oak Savanna Reclamation Plan - Rev. 9(3/10 (attached
hereto). Essentially, all reclamation of uplands on the disturbed .
areas of Lower Grey Cloud Island will focus on the re-
establishment of an oak savanna. The Company will contract with
Great River Greening or a similarly qualified ecological consultant
to guide its reclamation efforts and ensure viability of the
plantings. Annual contributions shall include, but not be limited to
the following: site grading, topsoil placement, soil preparation,
native grass seeding, oak seedling and acorn planting, herbicide
treatment of non - native vegetation, brush and tree removal of non-
native woody species, and maintenance burns.
7
In the fall of 2010, 60 oak saplings were planted in the area
depicted on the 2011 Operations Plan In 2011, these plantings
will be monitored and preventative measures will be taken to
ensure their establishment. These measures will include the
installation of gravity water systems and rigid mesh tubes and /or
deer fencing, in order to protect and nurture the plantings.
M
0
N
O
N
W
LU
Lij
N
O
Z
Z Z
d Q o
z J Z
O m O
z Z Z
w
e h 3
ui
0
G t G
z L
w
® <
w � a
¢ k
r
O O �
G}
F
V
w
1
E
w
4 to
rX
Asa z z
Zo
x
G`
I
0
r
L ) ny
ti �a c gs
e
J ro,
lmLd
ro
lmLd
li
Nelson The
Grey • r Island,
• • - f Cou7ttX Ilinneso
Grey Cloud Island has a rich past which has featured prominently in the early history of the state. The
earliest historical accounts of the Island date to 1819, and an array of figures prominent in the state's
history (e.g., Medicine Bottle, Joseph Brown, Hazen Mooers and others) had ties to the Island.
Archeological evidence in the form of numerous burial mounds and habitation sites are known from the
Island, along with the historic Grey Cloud town site (Birk 1972).
Historical Vegetation Patterns
The Island's unique historical past is directly connected to its position along the Mississippi River, where
water was plentiful and a ready food supply was available via the water and the prairie and savanna
habitat of the Island. A government land survey of the Island in 1847 documented two areas of prairie on
the island, occurring in the southeast and northwest portions. These areas graded into oak savanna and
oak woodland in areas with more topographical relief and in close proximity to water (i.e., fire breaks).
Current Land Use
Over the past two centuries, Lower Grey Cloud Island changed from an island dominated with prairie and
oak savanna vegetation to an agricultural /pastoral landscape, and eventually to its current use as a large -
scale sand and gravel mine (Nelson Mine).
The majority of the island is owned by PAS Associates Limited Partnership (PAS) and leased to
Aggregate Industries for sand and gravel mining. The site has a rich deposit of sand /gravel up to 200 feet
thick, and has been mined extensively. Mining operations on the Island have been extant for over 50
years, and will continue for at least another 15 to 30 years.
The Proposal Concept
Aggregate Industries and Great River Greening have considered and agreed upon a plan for reclamation
of mined areas on Lower Grey Cloud Island. In complimenting those efforts, PAS has privately supported
Great River Greening and also sought its technical expertise for un -mined areas of its property. Going
forward, the areas disturbed by mining will be graded to establish rolling terrain and pot -hole lakes to
mimic the original native prairie of this area. The reclaimed ground will be seeded with native prairie
species and planted with acorns and seedlings collected from the remaining old growth bur oaks on the
island. The mine plan proposes to avoid and preserve the sensitive historic, cultural and important
natural features (remnant oak savanna) of the island. The concept end use plan envisions a multi -use
development on the west half of the island and significant open space on the east half of the island. A
development very similar to the Harbor Island plan which was proposed by PAS several years ago (see
Figure 1 below) will harmonize with and feature the rich cultural and natural history of the island.
PAS and Aggregate industries agreed that the mine reclamation plan should focus on creating lakes and
on the reestablishment of native prairie and oak savanna. The ultimate end use development of the
island would benefit from and promote the unique and beautiful prairie and oak savanna open space that
will be established and maintained over the life of the mining operation. The following lays out the native
prairie and oak savanna reclamation plan and activities that might be undertaken with the consent of the
landowner, the technical support and expertise of Great River Greening, and the support and approval of
the City of Cottage Grove.
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Figure I: Nelson Mine proposed development plan
Opportunities for Reclamation
Target: Premier oak savanna, wetland and lakeshore reclamation on formerly mined lands.
Sand /gravel mining will continue on Lower Grey Cloud Island for another 15 to 30 years, and the planned
development will be delayed until mining is concluded. Over that timeframe, the areas that are currently
disturbed and those areas that will be disturbed will be reclaimed by employing the activities described in
this plan. In addition, some areas that have been previously reclaimed will also be amended to
compliment the oak savanna plan. The objective will be to reestablish oak savanna and prairie and to
create lakes and wetlands and lakeshore habitats in areas that will most likely be preserved and
maintained after mining and after development of the island. Reclamation activities will occur in phases,
after mining concludes in portions of the Island.
Reclamation areas will be back - filled, graded and prepared for planting during the life of the mine. Going
forward, these reclamation areas will be planted with native vegetation. In upland areas, native prairie and
oak savanna species will be planted, including groves of bur oak. Native wetland and lakeshore
vegetation will be planted in areas where lakes and other wetlands have been created. These plantings
will be maintained via cutting /spraying for invasive species, prescribed burns, and other management
activities.
1. Oak Savanna and Prairie Reclamation
Oak savanna and prairie will be planted over the upland areas within the reclamation portion of the Island.
Reclamation of the upland portion of the mine with oak savanna and prairie vegetation will occur in
phases as mining activities cease in portions of the Island.
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Table 1: Oak Savanna Reclamation Activities, Budget and Timeline
All estimates assume >20 acres will be reconstructed at a time. Projects smaller than this may result in
higher $ /acre due to economy of scale.
Over the next four years, we anticipate establishing and protecting six groves of young oaks on and
around Interlachen Hill and beginning the process of establishing a native oak savanna understory in this
same area. For the oak groves, this will require both protection from acorn and seedling herbivory from a
variety of animals (i.e., squirrel, rabbit, beaver, turkey and deer), and watering as necessary. Oak
savanna understory establishment will necessitate site preparation through herbicide spraying, prescribed
fire, tilling and seeding, followed by management activities including mowing and exotic species
treatment. This establishment will happen roughly according to the following timeline, given typical
weather and anticipated herbivory threats:
® 2010: In the fall, several hundred acorns will be collected and sown in the ground throughout
three 0.10 -acre sites that over time will grow into groves. The planting of acorns will complement
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Dates of
Tasks'-
Comments '
Actevit
Cost
No extra cost.
Conducted as
part of current
1: Grading and
This work will be accomplished via normal
reclamation
Topsoil Placement
mining and waste sand handling practices
2010 -2025+
practices.'
The herbaceous savanna layer will be
reconstructed using a diverse species mix of
local ecotype seed. Seed will be collected or
purchased and seeded on site, with intense
establishment activities undertaken the first
2: Herbaceous Layer
3 -5 years following site grading. Site prep
$2,200 -3,500
Reconstruction
needs will vary considerably between acres.
2010 -2025+
per acre
Oaks develop considerable tap roots and are
difficult to transplant. Some transplanting
will be attempted. The most desirable and
dependable method of establishing oaks will
3. Acorn Collection
be with acorns collected locally.
2010 -2025+
$300per acre
1 -2 groves per acre of 10 young oaks each,
including sustained multi -year establishment
including deer protection. Assumes intense
watering due to sandy soils during
establishment period. Ultimate goal is 1 -10
mature oak trees per acre. Groves are a
4: Oak Grove
natural distribution pattern and are easier to
Reconstruction
manage than evenly s aced trees.
2010 -2025+
$2,500 per acre
RECONSTRUCTION
Preparation, seeding, and 3 to 5 -year
$5,000- $6,300
TOTAL
establishment phase
2010 -2025+
per acre
Annually after
Annual Maintenance
Includes prescribed fire, spot spraying and
initial
After Reconstruction
supplemental seeding
investment
$330 er acre
All estimates assume >20 acres will be reconstructed at a time. Projects smaller than this may result in
higher $ /acre due to economy of scale.
Over the next four years, we anticipate establishing and protecting six groves of young oaks on and
around Interlachen Hill and beginning the process of establishing a native oak savanna understory in this
same area. For the oak groves, this will require both protection from acorn and seedling herbivory from a
variety of animals (i.e., squirrel, rabbit, beaver, turkey and deer), and watering as necessary. Oak
savanna understory establishment will necessitate site preparation through herbicide spraying, prescribed
fire, tilling and seeding, followed by management activities including mowing and exotic species
treatment. This establishment will happen roughly according to the following timeline, given typical
weather and anticipated herbivory threats:
® 2010: In the fall, several hundred acorns will be collected and sown in the ground throughout
three 0.10 -acre sites that over time will grow into groves. The planting of acorns will complement
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
live tree planting. Seeded areas will be afforded protection to ensure minimal herbivory. We aim
to get 10 volunteers to assist in the installation of this protection.
2011: The first priority will be to nurture the existing plantings. If necessary, based on weather,
gravity watering systems will be set up and seedlings watered. Additional rigid mesh tubes and /or
deer fencing may be installed to protect seedlings. If herbivory proves to be minimal and tubes
are not needed, and weather is typical (i.e., requiring only -3 waterings), additional acorns will be
collected in the fall and the final 3 groves will be planted. If resources are instead put towards
watering and additional herbivory protection, the final 3 groves may be delayed by a year. We aim
to get about 10 volunteers to assist.
2012: Nurturing the existing plantings will once again be the priority. Watering and herbivory
protection as necessary. In this year, and extending forward, areas between groves may be
prepped and seeded with native oak savanna understory species, followed by management
actions (i.e., mowing, invasive species control, prescribed fire) over the following years.
2013: By the fall of 2013, all groves will be planted and protected by double - walled deer fencing
and the most critical establishment phases of the oak seedlings will be completed.
After 2013, watering needs and expense should be more modest. Deer exclosures will need to be
maintained until the bur oaks reach a height of at least 9', preferably taller.
We propose to collect local acorns (from Mounds Oak Savanna, and Schilling Woods; and from a nearby
golf course, large private yards, and the road to the camp pending landowners' permission) and seedlings
for planting /transplanting at Interlachen Hill. These acorns and seedlings would be planted in high density
around, for example, the red cedars, and in an area southeast of the existing xeric planting. The following
fall, we will scout the area to locate oak seedlings and protect them from herbivory using one of several
available methods, including rigid mesh tubes to protect against small mammals, (or, we will install these
rigid mesh tubes at the time of the acorn planting to protect against deer, squirrel, and turkey digging up
the acorns) and in later years when the seedlings are topping the rigid mesh tubes, double - walled
perimeter grove fencing will be installed to protect against deer (Figures 3 and 4).
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Figure 4: Illustration of double - walled deer fencing (for individual tree) in Dakota County
Intense watering is anticipated for the first three years due to the sandy soils, for a total of up to 18
watering visits the first three years.
Grove locations will be chosen in significant part to minimize watering need. Factors that reduce watering
needs include in the shade of existing trees (red cedars, xeric planting) as noted above. In addition, we
propose that at least one grove planting occur in a depression, either existing or excavated, to help collect
rainwater.
Grove style planting is superior to scattered planting as it allows for concentrated management, including
watering, protection from burning, invasives and competition control, and watering.
To contain costs and accelerate the project, Aggregate Industries can do a number of in -kind activities,
including excavation of depressions, and watering (with a water truck or perhaps a floating pump and
hose).
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Figure 3: Rigid mesh tubes in use at a Scott County site.
2. Wetland and Lakeshore Reclamation
The lakes and wetlands created by the mining will be reclaimed with native vegetation. Prior to any
reclamation activities lake and wetland edges would need to be graded out with amended soils. Slopes
leading down to water bodies should be graded to a maximum of 3:1 to provide stable shoreline areas.
Planting of lake edges would be accomplished with plug plantings (Figure 5). Once established the plants
will be able to spread along the shorelines and into deeper water if possible. Wetlands can be restored
through both plug planting and seeding as they lend themselves to not having as much wave action as
open water.
Table 2: Lake Shoreline Reclamation Activities, Budget, and Timeline
Table 3: Wetland Reclamation Activities, Budget and Timeline
Dates of
Tasks
Comments
Activity
Cost
Planting of 5 ft
Aquatic /Emergent Zone
with plugs and shrubs
1. Initial Reclamation
with wave breaks as
2010 -2025
$9,000 per acre
1. Initial Reclamation
needed
2010 -2025
$45.00 per LF
2. Follow up
Supplemental Planting,
2010 -2025
$500 per acre
2. Follow up
Invasive Control
2010 -2025
$2.00 per LF
Preparation, seeding, and
Annual Maintenance After
2 -year establishment
Annually after
$200 per acre
RECONSTRUCTION TOTAL
phase
2010 -2025
$47 er LF
Annual Maintenance After
Includes spot spraying for
Reconstruction
invasive species control
1 2012 -2025
1 $0.50 per LF
Table 3: Wetland Reclamation Activities, Budget and Timeline
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Dates of
Tasks
Comments
Activity
Cost
Invasive Species
treatment. Seeding &
planting aquatic /emergent
1. Initial Reclamation
with plugs and shrubs
2010 -2025
$9,000 per acre
Supplemental Planting,
2. Follow up
Invasive Control
2010 -2025
$500 per acre
RECONSTRUCTION TOTAL
Preparation, seeding, and
2010 -2025
$9,500 per acre
establishment phase
Annual Maintenance After
Includes spot spraying for
Annually after
$200 per acre
Reconstruction
invasive s ecies control.
initial investment
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
Figure 5. Shoreline Reclamation after Planting, Collinwood Lake County Park,
Wright County, Minnesota.
Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10
e " ZMAJ Me I z •
WHEREAS, Aggregate Industries - North Central Region, Inc. has made application for
their annual mining permit to excavate and process aggregate material on Lower Grey Cloud
Island on the property legally described as:
NE Y4, SE 1 /4, Section 31, Township 27, Range 21, South along Grey Cloud Trail
W / 2, SE Y4, Section 31, Township 27, Range 21
E Y2, NE i / 4, NW ' / 4, Section 31, Township 27, Range 21 South along Grey Cloud
Trail
W' /2, NE %, NW %, Section 31, Township 27, Range 21 South along Grey Cloud
Trail
NW Y4, NW 1 /4, Section 31, Township 27, Range 21
S'' /2, NW Y4, Section 31, Township 27, Range 21
E'Y2, SW 1 /4, Section 31, Township 27, Range 21
Lot 1, Section 31, Township 27, Range 21
N ' / 2, NE Y4, Section 36, Township 27, Range 22
S 1 /2, NE 1 /4, Section 36, Township 27, Range 22
N' /2, SE 1 /4, Section 36, Township 27, Range 22
Lot 2, Section 36, Township 27, Range 22
Lot 3, Section 36, Township 27, Range 22
SE Y4, SW Y4, Section 25, Township 27, Range 22
NE 1 /4, NW' /4, Section 36, Township 27, Range 22
S' /2, NW %, Section 36, Township 27, Range 22
NW 1 /4, SW Y4, Section 36, Township 27, Range 22
N' /2, SW 1 /4, SW Y4, Section 25, Township 27, Range 22
S'' /2, SW %, SW %, Section 25, Township 27, Range 22
NW %, NW '/4, Section 36, Township 27, Range 22
NW Y4, SW %, Section 36, Township 27, Range 22
N '/2, NE %, Section 35, Township 27, Range 22
S' /2, NE Y4, Section 35, Township 27, Range 22
SE %, SE Y4, 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 Y2, NW %, 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 1 /4, 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 %, SW Y4, Section 36, Township 27, Range 22
Lot 5, Section 35, Township 27, Range 22
Resolution No. 2011 -XXX
Page 2
WHEREAS, the applicant proposes to continue mining activities and operation at prop-
erty located at 11250 Grey Cloud Trail South; and
WHEREAS, the applicant intends to mine and process approximately 700,000 tons of
aggregate materials in 2011; 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 28, 2011; 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 (7 -to -0 vote) recommended approval
of the mining permit at their February 28, 2011, 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 hours per day seven days per week
since 1995 when the dredge was first installed.
B. Since the dredge has been operation, only one noise complaint was received by
the city. That complaint was received in 1996. The applicant was contacted 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, 2012, subject to the following conditions:
1. The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand,
and Gravel Operation) shall be complied with, except as modified below.
Resolution No. 2011 -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.
1 The outer edge of mining limits must be a minimum of 100 feet from abutting public
right -of -way, private property, or any archeological sensitive area.
4. The "future mining" designation on the 2011 Operations Plan is only an illustration
of the applicant's future desire to mine in those areas. City approval of the 2011
Operations Plan does not guarantee mining permit approval for areas shown as
"future mining." Approval of the 2011 Mining Permit does not approve their ability to
mine within the required 200 -foot setback from the Mississippi River, within the
Mississippi River itself, or in the vicinity of archeological sensitive areas.
5. Bituminous /asphalt materials are prohibited from being buried on the premises.
Bituminous/ asphalt, concrete, and street sweepings originating within the
geographical 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.
between 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. 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.
8. Archeological and landmark sites as identified in the burial mound group known as
21WA9 and the recorded Grey Cloud Townsite 21WA48 on Lower Grey Cloud
Island must be protected and undisturbed.
9. No vehicular traffic is allowed off existing access routes so as not to accidentally
disturb or destroy burial mounds or any other archeological sites.
10. The applicant is responsible for obtaining all state and federal permits relating to
their mining operations on Lower Grey Cloud Island.
11. The applicant's 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
applicant and landowner have considered. The City's approval of the 2011
Operations Plan does not guarantee approval or imply future approval of the
Harbor Island Concept Plan.
Resolution No. 2011 -XXX
Page 4
12. The City approves the Oak Savanna Reclamation Plan, Revised 9 -3 -10. If a
prescribed burn is scheduled, the applicant must notify the City and property
owners on Lower Grey Cloud Island a minimum of five business days before
burning. A burning permit from the MN DNR is required.
Passed the 16th day of March, 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
6.1 Aggregate Industries Mining Permit— Case MP11 -003
Aggregate Industries has applied for their 2011 mining permit to continue their mining
operations on Lower Grey Cloud Island.
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Patty Christianson, Aggregate Industries, stated that operation will continue as it has in past
years; they are not making any significant changes this year.
Messick asked about the progress on the tree plantings. Christianson responded that last fall
they planted 60 trees as part of the oak savannah. This year they will ensure that everything
is going well with those trees, and possibly surround them with mesh so the deer can't get to
them. There are also established plantings at the mine and they are doing well.
Messick asked in anyone wished to speak for or against the proposal. No one spoke.
Brittain made a motion to approve the mining permit with variance, based on the
findings of fact and subject to the conditions listed below. Treber seconded.
Findings of Fact
A. The city has allowed the dredge to operate 24 hours per day seven days per week
since 1995 when the dredge was first installed.
B. Since the dredge has been operation, only one noise complaint was received by
the city. That complaint was received in 1996. The applicant was contacted 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.
Conditions of Approval
1. The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand,
and Gravel Operation) shall be complied with, except as modified below.
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 must be a minimum of 100 feet from abutting public
right -of -way, private property, or any archeological sensitive area.
Excerpt from Unapproved Planning Commission Minutes
Aggregate Industries Mining Permit — Case MP11 -003
February 28, 2011
Page 2 of 2
4. The "future mining" designation on the 2011 Operations Plan is only an illustration
of the applicant's future desire to mine in those areas. City approval of the 2011
Operations Plan does not guarantee mining permit approval for areas shown as
"future mining." Approval of the 2011 Mining Permit does not approve their ability to
mine within the required 200 -foot setback from the Mississippi River, within the
Mississippi River itself, or in the vicinity of archeological sensitive areas.
5. Bituminous /asphalt materials are prohibited from being buried on the premises. Bitu-
minous /asphalt, concrete, and street sweepings originating within the geographical
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. between 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. 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.
8. Archeological and landmark sites as identified in the burial mound group known as
21WA9 and the recorded Grey Cloud Townsite 21WA48 on Lower Grey Cloud
Island must be protected and undisturbed.
9. No vehicular traffic is allowed off existing access routes so as not to accidentally dis-
turb or destroy burial mounds or any other archeological sites.
10. The applicant is responsible for obtaining all state and federal permits relating to
their mining operations on Lower Grey Cloud Island.
11. The applicant's 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 2011 Operations
Plan does not guarantee approval or imply future approval of the Harbor Island
Concept Plan.
12. The City approves the Oak Savanna Reclamation Plan, Revised 9 -3 -10. If a pre-
scribed burn is scheduled, the applicant must notify the City and property owners
on Lower Grey Cloud Island a minimum of five business days before burning. A
burning permit from the MN ®NR is required.
..