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HomeMy WebLinkAbout2006-02-15 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/15/06 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the 2006 mining permit to allow Aggregate Industries to continue their mining operations on Lower Grey Cloud Island. STAFF RECOMMENDATION Adopt the resolution approving the 2006 mining permit allowing Aggregate Industries to continue their mining operations on Lower Grey Cloud Island. ADVISORY COMMISSION ACTION DATE REVIEWED ® PLANNING 1/23/06 APPROVED DENIED ❑ PUBLIC SAFETY El El 0 ❑ P WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS E El ECONOMIC DEV. AUTHORITY ❑❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 2/9/06 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from minutes of 1/23/06 Planning Commission meeting ADMINISTRATORS COMMENTS City Administrator Date *****#*******#*** * * * * * * # * * * # * * * # * * # * * * # * * * * # * * ** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF MINNESOTA COTTAGE GROVE TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: February 6, 2006 RE: Aggregate Industries Annual Mining Permit Current Proposal Aggregate Industries — North Central Region, Inc, has submitted an annual mining permit appli- cation to continue mining and processing aggregate materials on Lower Grey Cloud Island. The applicant estimates that approximately 1.7 million tons of aggregate materials will be mined and processed. The proposed 2006 mining operations plan includes stripping topsoil from an area that is approximately 8 acres; dredging at an average depth of 90 feet and in some areas to a depth of 125 feet below the normal water level; and processing, washing, screening, and loading aggregate materials onto barges and trucks. Aggregate Industries proposes to operate 24 hours per day, seven days a week. A copy of the Aggregate Industries — Nelson Plant 2006 Mining Permit applica- tion is attached as Exhibit A. Planning Commission Review On January 23, the Planning Commission held a public meeting concerning Aggregate Indus- tries' mining permit application. The Planning Commission found the applicant's 2006 Opera- tions Plan similar to operations in previous years. No public testimony or written comments were received at that meeting. The Planning Commission unanimously recommended granting a variance to allow mining to operate 24 hours per day, seven days per week and approval of the mining permit based on certain conditions listed in the draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. 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, allowing 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- Honorable Mayor, City Council, and Ryan Schroeder Aggregate Industries Mining Permit February 6, 2006 Page 2 of 4 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 applicant's 2006 Operations Plan. With some exceptions, the 2006 mining plan generally 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 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 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. 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 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 as Exhibit B Planning Considerations Ordinance Requirements Title 3, Chapter 10 of the City Codes requires an annual mining permit for the excavation, re- moval, 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 applicant's responses are addressed in the applicant's written narrative describing the 2006 Nelson Mine Plan (Exhibit C). The applicant also requests the City to grant a variance for purposes of operating the dredge 24 -hours per day, seven days per week as opposed to the city ordinance requirement that all min- ing operations only operate between 6:00 AM to 10:00 PM. The variance allowing the dredge op- eration continuously for 24 -hours and 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 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 Honorable Mayor, City Council, and Ryan Schroeder Aggregate Industries Mining Permit February 6, 2006 Page 3 of 4 Street, east to Jamaica Avenue, and then north to T.H. 10/61. This haul route has generally not changed over the many decades of mining on Lower Grey Cloud Island. There is no clear - cutting of trees or shrubs during the 2006 mining operation. Stripping of topsoil material and overburden encompasses approximately eight acres of land that equates to approxi- mately 58,000 cubic yards. This material will be used to continue the construction of an earth -berm along the south side of the existing mine face and reclamation of other areas. The stockpile of top- soil located a couple hundred feet from the main entrance has existed for many years. Mining will proceed north and then west from its current location. No mining is proposed within the Mississippi River backwaters or river channel. The applicant does mention the possibility of mining inside the barrier islands east of the main island and inside of the barrier island west of the proc- essing plant area. Mining in these areas will require an environmental review with permit approval by other state agencies. The City s review of their 2006 Mining Permit application does not recog- nize or imply approval to mine or conduct any other activities within the backwaters or main river channel. 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. Tree Plantings In 2005, the city required a minimum of 250 trees to be planted, but only 120 trees and shrubs were planted. Their arborist consultant inspected the plantings done in 2004 and found the tree survivability to be very poor. Apparently, the main problems appeared to be transplant stress, des- iccation, and winter kill. Other problems in establishing trees in the reclamation areas is due to little organic matter in the soil, droughty soils, animal predation, and lack of after care. Based upon their consultant's recommendations, more extensive measures were taken to improve plant survivability for the 2005 plantings. They added compost materials to the soil, applied mycorrhizae to the tree roots to improve water and phosphorous uptake, applied mulch around the plant to retain moisture in the soil, and installed a tubex tree shelter around each deciduous tree and shrub. A fence was also erected around the shrub areas to deter animals from feeding on the plantings. Depending on the success of the 2005 plantings and further recommendations by their arborist, Aggregate Industries proposes to plant 200 trees this year. Staff recommends that 380 trees be planted this year to make -up for the 120 trees that were not planted in 2005. Other recommendations include a mixture of black dirt, compost, composted peat and cow manure for the organic matter, watering the trees well once per week from May 1 to October 15, and plac- ing a large circle or square (3' X 3') heavy duty landscape fabric around the base of the plant be- fore placing mulch around the plant Honorable Mayor, City Council, and Ryan Schroeder Aggregate Industries Mining Permit February 6, 2006 Page 4 of 4 This summer, staff will meet with Aggregate Industries representatives to evaluate restored areas to determine the survivability of tree and shrub plantings. The outcome of this inventory will be in- corporated in next year's planning staff report to the Planning Commission and City Council. Meeting Notices Meeting notices were mailed to 13 property owners who are within a half -mile of the mine. These notices were mailed on January 11 2006. Recommendation It is recommended that a variance be granted to the ordinance requirement limiting mining op- erations between 6:00 AM to 10:00 PM to allow the dredge to operate 24 hours per day, seven days per week, based on the findings of fact listed in the attached draft resolution. It is also recommended that the 2006 Mining Permit for Aggregate Industries — Nelson Plant be approved, subject to the conditions listed in the draft resolution. EXHIBIT A Aggregate Industries — Nelson Plant 2006 Mining Permit Application Cottage Grove, Minnesota TABLE OF CONTENTS 2006 Nelson Mine Plan — Ordinance and Response 2006 Operations Plan Map ............... Mining Plan (by B.B. Chapman, 1985 ) ............................ Exhibit Harbor Island (Concept Plan, 2000) ................................ Bond -City of Cottage Grove....... Exhibit Exhibit Exhibit Certificates of Insurance ............................... ............................... Exhibit 2006 NELSON MINE PLAN ORDINANCE AND RESPONSE (a) Ordinance: The name and address of the applicant and of the owner of the land. Response: Operator - Aggregate Industries - North Central Region Inc. 2915 Waters Road, Suite 105 Eagan, MN 55121 Landowner - PAS Associates, Ltd. % 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 '/4, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W %, SE '/<, Section 31, Township 27, Range 21 E ' / 2, NE %, NW ' /<, 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 %2, NW '/4, Section 31, Township 27, Range 21 E %, SW '/, 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 Y, NE ' /<, Section 36, Township 27, Range 22 N %, SE %, 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 ' /<, Section 25, Township 27, Range 22 NE ' /<, NW ' /<, Section 36, Township 27, Range 22 S %, NW %, Section 36, Township 27, Range 22 NW '/4, SW '/4 Section 36, Township 27, Range 22 N' /, SW %, SW %, Section 25, Township 27, Range 22 S '/, SW '/, SW, %, Section 25, Township 27, Range 22 NW '/<, NW '/4, Section 36, Township 27, Range 22 NW %, SW '/, Section 36, Township 27, Range 22 N '/, NE '/, Section 35, Township 27, Range 22 S '/, NE '/4, Section 35, Township 27, Range 22 Se' /, SE' /, 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 %2, 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 %2, NE ' /<, 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 '/ Sections 36; Township 27, Range 22 Lot 5 Section 35, Township 27, Range 22 (c) Ordinance: Response: Names of all adjacent landowners within one -half mile radius. Nelson Plant Neiehbors Rod & Mary Hale 11701 Grey Cloud Trail South Cottage Grove Betty Kartarik 10870 Grey Cloud Trail South St. Paul Park Jean Kulvich 11523 Grey Cloud Trail South Cottage Grove Nanette LaChapelle 11973 Grey Cloud Trail South Cottage Grove Catrina Karter 10971 Grey Cloud Trail South Cottage Grove Fred Madsen 10971 Grey Cloud Trail South Cottage Grove Gene & Margaret Wald 11500 Grey Cloud Trail South Cottage Grove Dave & Kathy Brown 11975 Grey Cloud Trail South Cottage Grove Aggregate 12075 Grey Cloud Trail South Cottage Grove Industries Aggregate 12073 Grey Cloud Trail South Cottage Grove Industries John & Julie Appert 11395 Grey Cloud Trail South Cottage Grove Patricia Boggie 11971 Grey Cloud Trail South Cottage Grove Bill Christopherson 11971 Grey Cloud Trail South Cottage Grove Aggregate 12085 Grey Cloud Trail South Cottage Grove Industries Ryan & Kate Maloney Currently Building Cottage Grove (no address yet) (d) (e) W (g) Ordinance: The purpose of the removal. 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 utilized for -ready mix concrete, asphalt and the construction of highways and buildings, etc. Ordinance: The estimated time required to complete the removal. Response: Currently, Aggregate Industries estimates project that mining will continue into the mid twenty -first century. These estimates, based on current information only, are subject to backwater mining, market trends, geologic variations, and expansion of mineable reserves as additional exploration occurs. Ordinance: The highways, streets, or other public ways within the city, upon and along which the materials removed shall be transported. Response: Greater than 95% of all products produced at the Nelson Mine are transported by barge up the Mississippi River to distribution yards in St. Paul and Minneapolis. The other 5% is transported by truck on Grey Cloud Trail to 103' Street, east to Hadley Avenue, north to 100 Street, then to U.S. Highway 61. 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 removal and processing techniques and timing. Response: There will be no clearing during the 2006 season. (g -2) Ordinance: Stripping operations, including a written statement describing depth of soil and overburden, removal techniques and timing. Response: Stripping will be conducted in the area identified on the 2006 Operations Plan and will consist of approximately 8 acres. The quantity of topsoil and overburden that will be removed will consist of approximately 41,606 cubic yards. Loaders, scrapers and haul trucks will remove this material. The combined depth of topsoil and overburden averages between 1 feet to 5 feet. The removal will be performed initially in the spring of 2006 and occasionally throughout the season. (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: The majority of the overburden and topsoil will be used to continue construction of the berm along the south side of the existing mine face within the floodway. Additional topsoil will be spread over the area identified as "Proposed Reclamation" on the 2006 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 as depicted on the 2006 Operations Plan The dredge will continue to carry out the mining into the foreseeable future. The dredge will operate north of the area where it is presently. depicted on the 2006 Operations Plan at an average depth of about 90 feet. In some areas the dredge will reach greater than 125 feet. 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 1.7 million tons of aggregate in 2006. (,-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 more than 95% 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. Response: The proposed extraction area is identified as "Mining" on the 2006 Operations Plan Mining on the main island has moved north from the area mined in 2005, and will proceed west in the next several years. The Company is investigating the economic and environmental feasibility of mining in the backwaters adjacent to the main island. Underwater mining could occur in two areas adjacent to the main island: (1) inside the barrier islands, southeast of the main island; and (2) inside of the barrier islands west of the plant area. Assuming permits could be issued, underwater mining would be conducted simultaneously with the current mining. The addition of underwater mining would add years to the life of the mine. Currently the estimated life is 15 years. With the underwater reserves, the life could be 25 to 30 years. Reclamation efforts will continue in the next several years on creating the large lake and on slope and shore stabilization and re- vegetation. The ultimate lake shape will be similar but smaller than that which is depicted on the attached Mining Plan by B.B. Chapman . Additional upland restoration will occur later and will include the placement of waste sand and overburden in the areas north and west of the large lake. These areas will be reclaimed to elevations at least three feet higher than the 100 -year flood elevation. (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 will produce and ship approximately 1.7 million tons of aggregate in 2006. (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. (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 under way as of the date of the mining permit application. C. Area and acreage proposed for reclamation during the proposed permit year. Response: The 2006 Onerations Plan depicts the previously reclaimed areas (approximately 210 acres) and approximately 12 acres where reclamation will continue in 2006 with the placement of additional topsoil and seeding. Work will continue in 2006 to build up the slopes on approximately 33 acres, located on the east and south sides of the lake, with the waste sand from the mining operation. In late 2005 or early 2006 the Company will install three interpretive signs near the main entrance. The signs depict the geology of the island, the current mining activity on the island and the general concept and potential uses for future development of the island. d. 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, approximating the location and relief of the land and water features proposed on the Concept Plan. (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. C. Average depth of topsoil and overburden of reclaimed landforms. d. Water impoundment areas, including surface acreage and elevations, public or private access and typical cross - sections. Response: The reclamation work in 2006 will continue with the slope and shore establishment on the east and south shores of the mine lake using waste sand pumped from the dredge. All slope reclamation will be at 4/1 or flatter. In addition, approximately 12 acres will be topsoiled and seeded in the area marked "Proposed Reclamation." (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 either a native seed mix or MNDOT 50 mix. In an effort to overcome the difficulties encountered in the past several years with establishing trees at this site, the Company consulted a Forestry Consultant and has retained a local nursery to assist them with their tree planting in 2005. The Company planted a mixture of 120 trees and shrubs of the following varieties: Bur Oak, Green Ash, Jack Pine, Red Cedar, Hackberry, Common Ninebark, American Hazelnut, Gray Dogwood and Wild Plum. Based upon the Consultant's recommendations, more extensive preventative measures have been taken to ensure the survival of the trees including: (i) the addition of compost material to the soil; (ii) the addition of mycorrhizae to the tree roots which will improve water and phosphorus uptake; and (iii) the addition of shredded Pine Bark Mulch to retain moisture in the soil. Tubex tree shelters have been put around each tree and the shrubs have been confined within a fenced area so that they may establish without animal predation. Follow -up monitoring care was conducted by the Nursery after planting and will continue during the 2006 season. Depending on the success of the 2005 plantings, the Company will increase the number of trees planted to 200 in 2006. As the mining plan develops, the additional seedlings and varieties of plant material to be utilized will be adjusted to reflect the development of a commercial manna and a mixed residential and commercial development in the area surrounding the marina on the Harbor Island Concept Plan and the surrounding lakes. EXHIBIT B W _Z 2 Z O U) U) J z w _O a N W W W O to Z Z _Z — �a O W Q Oy o Z w o cD o r o o o 0 0 0 o r r ci r r r m � N V m Q' m Nr h 'd' O) N O) N 0) N 04 D) N m N m N m N 0) C%[ fA C w a 0 C O C r. O C �r O cm C O C 0 O] C O O N O) N O) m a m z m N m L m L H a) - m L a L a m L a L N _Z mm mm mm mm mm mm a) mm a -o m m m " m N m m y m N m m Q) Z o no m L m L m L m L L m L L m L m L Q coO �E ��E'E �E amiE mE dE mE o 0 `m a co N 0 O o m o ....= S o ..., CD O O o 0 0 0 E Lo m u5 f o o f u) E m N C ' N C N 'C N 'C m C r C 0 - E N 'C r r C/) r E r r E r E E E E r E c c Z z -m ma W Z ` 0 w ) f N m m p m a m N N N N m m W h N J a m U a s O d m d m m N N d N N N U m m d m — -0 D a U U U U U U m U m U m U U E m n m m m m m m m a J m 2 `m D r � O O O O O O O o O U LU � � m m o O-"" LO co r r co Di LLJ a' m o` a LO N O m` J m U) V7 N N m N L L N L L L U o. n CL ? w v a °• m m a m o ° °. in a a a v6) 14 , 10 0 o o o co aQ Q ai r o r o 0 6 0> n> of o) o 0 0 (6 � 0 a L6 L6 r> r co y o iO iO r Z Z N W 0 0 0 0 0 o O o 0 o v o L LO Q J U LL. O Z J O W r O U7 t0 O u1 Cl) V. IT N N N fD Z OQ J � J_ a co O O O V O m O N O r O O O D) O) O� � O t0 'IT Cl) LLl O O O O O O O O O) m W O) O) O cn D) W Q1 ±01 r N N N N N N N r r r r W C Z G Z O 0) co J Z O_ Q uj W W no aI-- O v) � z _ ?w t- 0 w CID c7 N O O V r of r Oi N d � p� C ca N N a d N N C "O U R'I � L CL L N f0 L > N N N U) d C CO N U7 N U U U m m m U� U� U� Cl) N N CD tn L a C Lq r U� r Lq N O m 61 O O r O r m LU LLJ 2 �'� ' J � � � f} �p � X1 _ - t Fv s CS tn - ' L'I RESOLUTION NO. 06 -XXX RESOLUTION APPROVING THE 2006 MINING PERMIT FOR AGGREGATE INDUSTRIES, 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 V4, SE Y4, Section 31, Township 27, Range 21, South W %2, SE '/4, Section 31, Township 27, Range 21 E %, NE Y4, NW %, Section 31, Township 27, Range 21 Trail W %, NE A NW %, Section 31, Township 27, Range 21 Trail NW' /<, NW' /<, Section 31, Township 27, Range 21 S %, NW %4, Section 31, Township 27, Range 21 E %2, SW %, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N %, NE '% Section 36, Township 27, Range 22 S %, NE' /4, Section 36, Township 27, Range 22 N %, 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' /4, NW' /4, Section 36, Township 27, Range 22 S %, NW Y4, Section 36, Township 27, Range 22 NW' /4, SW %4, Section 36, Township 27, Range 22 N'h, SW %, SW %, Section 25, Township 27, Range 22 S %2, SW' /4, SW %, Section 25, Township 27, Range 22 NW %, NW A Section 36, Township 27, Range 22 NW %, SW Y4, Section 36, Township 27, Range 22 N %, NE %, Section 35, Township 27, Range 22 S'' /, 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'' /2, NW %, Section 5, Township 26, Range 21 Lot 4, Section 5, Township 26, Range 21 Lot 3, Section 5, Township 26, Range 21 N %2, 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 %4, Section 36, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 along Grey Cloud Trail South along Grey Cloud South along Grey Cloud Resolution No. 06 -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 1.7 million tons of aggregate material in 2005; 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 January 23, 2006; 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 January 23, 2006, 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 ordinance 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 10 years the dredge has operated, 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, 2007, 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. 2. The applicant is responsible for removing any materials that may have spilled onto any public roadway. This material shall be cleaned up immediately. Resolution No. 06 -XXX Page 3 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 2006 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2006 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2006 Mining Permit does not imply approval to mine within the required 200 -foot setback from the Mississippi River or within the Mississippi River itself. 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. All existing trees within the area shown on the 2006 Operations Plan as "Future Mining" must remain undisturbed. 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 must be protected and undisturbed. A minimum of 100 feet must be maintained between all mining operations and historic /landmark sites. 10. The applicant must plant a minimum of 380 trees during 2006. These trees must carry a warranty of at least two years. Tree sizes and locations will conform to a landscaping plan developed for the applicant by a certified arborist and approved by city staff. Passed the 15th day of February, 2006. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JANUARY 23, 2006 7.1 Aggregate Industries — Case MP06 -002 Aggregate Industries has applied for their 2006 mining permit to continue mining opera- tions on Lower Grey Cloud Island. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Patty Christensen, Aggregate Industries, stated that she would answer any questions the Commission may have. Brittain asked if the 120 trees that died last year would be replanted. McCool responded that those trees would be re- inventoried this spring. He stated that that was not part of their pro- posal but could be discussed. Christensen stated that the arborist recommended planting 120 trees with protective measures taken so that there would be a better survival rate for the trees. She explained that the arborist recommended that they hire a nursery to plant the trees and do the aftercare. The nursery will evaluate the 2005 tree plantings this spring and make recommendations for the 2006 tree plantings. She stated that they would work with the city on the number of trees planted, but if they plant 500 trees, they can't devote the after- care to those trees that they could to a smaller number. They would like to base the number of trees planted on the recommendation of the arborist, with city approval. Brittain stated that plan sounds reasonable, but at some point they need to do some catch up. Christensen agreed. Brittain asked if there was way of tracking year to year the number of trees planted and their survival rates. Blin stated that in future years there may be a proposal to plant more smaller trees that would have a better survival rate. Reese asked if the trees are being planted in the same areas where other trees have died. McCool responded that the reclamation areas on the island have been in different areas. Thiede asked what the changes are in the 2006 proposal. McCool responded that Aggregate Industries had proposed planting 250 trees; as part of staffs recommendation, it is the 250 plus the 130 they did not plant last year for a total of 380. Thiede asked about the variance for hours of operation. McCool explained that the variance is renewed annually so that if one year there were a significant number of complaints about the operation, the city would ad- dress those issues when the annual mining permit was applied for the following year. Hale asked if the arborist could meet with the city to talk about the conditions on the Island and understand our concern about the survival rate of the trees. Blin stated that the city is planning to work with Aggregate Industries to come up with the best approach. Reese asked if anyone wanted to comment on this application. No one did. Excerpt from Planning Commission Minutes Planning Case No. 06 -002 January 23, 2006 Page 2 of 3 Hale asked if condition #10 could be worded so it does not speak to number of trees but rather to maturity. He also suggested adding wording such as the applicant's arborist and the city will meet to talk about the conditions under which... Brittain asked if there could be a staged plan to replace the trees that died in 2004. Reese wants to look at the survivability of the seedlings that they have planted in the past years, so that next year there would be an overall layout of the tree planting efforts. Brittain made a motion to approve the application subject to the conditions listed be- low with the recommendations discussed by the Commission. Thiede seconded. 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 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 2006 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2006 Operations Plan does not guarantee mining permit approval for areas shown as "future mining. " Approval of the 2006 Mining Permit does not imply approval to mine within the required 200 -foot setback from the Mississippi River or within the Missis- sippi River itself. 5. Bituminous/asphalt materials are prohibited from being buried on the premises. Bitu- minous/asphal4 concrete, and street sweepings originating within the geographical boundaries of Cottage Grove may be temporarily stockpiled on the site for process- ing (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 not cation 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. All existing trees within the area shown on the 2006 Operations Plan as "Future Mining" must remain undisturbed 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. Excerpt from Planning Commission Minutes Planning Case No. 06 -002 January 23, 2006 Page 3 of 3 9. Archeo logical and landmark sites on Lower Grey Cloud must be protected and undisturbed. A minimum of 100 feet must be maintained between all mining opera- tions and historic /landmark sites. 10.A minimum of 380 trees must be planted. The plant sizes will be based on the recommendations of the arborist to improve their survivability. The applicant must hire a certified arborist meeting city approval to create 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 rec- ommendations for future planting plans. Motion passed unanimously (7 -to-0 vote).